Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City, Metro Manila 
NINETEENTH CONGRESS 
Second Regular Session 
House Bill No. __________ 
Introduced by Representative Richard I. Gomez, DPA 
EXPLANATORY NOTE 
Batas Pambansa Bilang 881, otherwise known as the Omnibus Election Code, 
became law in 1985. Almost four (4) decades have passed and the need to overhaul the 
same cannot be denied. 
For one, many election statutes have been passed dealing with various aspects 
of the election process and they require either integration, harmonization or updating. 
Among the more notable ones are the laws on automated election system (RA 8436), 
biometrics voter registration (RA 10367), synchronized elections (RA 7166), fair 
elections (RA 9006), overseas voting (RA 9189, as amended by RA 10590), local 
absentee voting (RA 10380), the party-list system (RA 7941), and on initiative and 
referendum (RA 6735). 
On the other hand, new legislative initiatives pose challenge and at the same time 
present opportunities for electoral reform. Some of these are the bills filed mandating 
online registration, early voting for certain qualified voters, updating the authorized 
campaign expenditures, restoring the prohibition against premature campaigning, and 
penalizing nuisance candidates. 
Elections are the bedrock of our democratic system. In a representative 
democracy (republican form of government), voting for government officials is the only 
direct and regular participation of the average citizen in terms of governance. Hence, the 
sanctity and reliability of our electoral process must be preserved and even 
strengthened. 
September 13, 2023
5:37 pm
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In view of the foregoing, the early approval of this bill is earnestly sought. 
 
 
 
 
RICHARD I. GOMEZ, DPA 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 


3 
Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City, Metro Manila 
NINETEENTH CONGRESS 
Second Regular Session 
House Bill No. ________ 
Introduced by Representative Richard I. Gomez, DPA 
AN ACT PROVIDING FOR THE 
NEW OMNIBUS ELECTION CODE OF 2023 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
CHAPTER I 
1 
PRELIMINARY PROVISIONS 
2 
3 
Article 1 
4 
General Provisions 
5 
SECTION 1.Title. - This Act shall be known and cited as the "New Omnibus 
6 
Election Code of 2023." 
7 
SEC. 2.Applicability. - This Code shall govern all election of public officers, 
8 
referenda, initiatives and plebiscites: Provided, however, That the election of elective 
9 
officials in the autonomous regions, whose offices were created by the organic laws 
10 
of such regions or by regional laws, shall be governed primarily by such organic laws 
11 
and secondarily by regional election law of the regions concerned: Provided further, 
12 
That the provisions of this Code shall have suppletory application to such organic and 
13 
regional laws. 
14 
SEC. 3.Election Code to be available in polling places. - A printed copy of this 
15 
Code in English or in the national language shall be provided and be made available 
16 
by the Commission in every polling place, in order that it may be readily consulted by 
17 
any person in need thereof on the registration, revision and election days. 
18 
SEC. 4.Official mail and telegram relative to elections. - Papers connected with 
19 
the election and required by this Code to be sent by public officers in the performance 
20 
of their election duties shall be free of postage and sent by registered special delivery 
21 
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mail. Telecommunications of the same nature shall likewise be transmitted free of 
1 
charge by government telecommunications and similar facilities. 
2 
It shall be the duty of the Postmaster General, the Department of Information and 
3 
Communications Technology, and the managers of private telecommunication 
4 
companies to transmit immediately and in preference to all other communications 
5 
such messages or communications which the Commission may require or may be 
6 
necessary to ensure free, honest and orderly elections. 
7 
8 
Article 2 
9 
Definition of Terms 
10 
SEC. 5.Definition of Terms. - As used in this Code and except when otherwise 
11 
indicated, the following terms shall be defined as follows: 
12 
(1) “Accessible Polling Place” refers to the venue where the Board of Election
13 
Inspectors (BEIs) conducts election-related proceedings and where the voters
14 
cast their votes. The accessible polling place shall be located at the ground
15 
floor, preferably near the entrance of the building, shall be readily accessible
16 
to public transportation, shall be free of any physical barriers, and provided
17 
with the necessary infrastructure including assistive devices, transport
18 
wheelchairs, ramps, railings, sidewalks, adequate lighting, ventilation, sufficient
19 
signage and directional signs, lists of candidates transcribed in braille, and other
20 
features for PWDs, pregnant women, and senior citizens, as well as support
21 
services of experts in assisting persons with disabilities such as sign language
22 
interpreters. Accessible polling places shall be located in public schools, town
23 
halls or plazas, civic centers, community centers, or other similarly designated
24 
venues. In designating the accessible polling places, the Commission shall give
25 
preference to venues designed with special features to ensure the safety and
26 
comfort of senior citizens, pregnant women, and persons with disabilities.
27 
28 
(2)
“Blog” and “Collective blog” refers to websites on which an individual or group
29 
of users, respectively, record news, opinions, and information, in varying
30 
degrees of regularity. A “micro-blog” refers to a blogging format which allows
31 
users to exchange small elements of content, referred to variously as posts,
32 
entries or status updates, such as short sentences, individual images, or links
33 
to video material uploaded to the internet.
34 
(3)
The term “candidate” refers to any person seeking an elective public office,
35 
who has filed his or her certificate of candidacy, and who has not died,
36 
withdrawn his or her certificate of candidacy, had his or her certificate of
37 
candidacy denied due course or cancelled, or has been otherwise disqualified:
38 
Provided, That, unlawful acts or omissions applicable to a candidate shall take
39 
effect immediately after the last day of filing of the certificate of candidacy.
40 


5 
The term also refers to any duly registered national or regional political party, 
1 
coalition of political parties, sectoral parties, or sectoral organizations that has 
2 
filed a manifestation of intent to participate under the party-list system, which 
3 
has not withdrawn the said manifestation, and which has not been disqualified 
4 
or had its registration cancelled. 
5 
A person shall be considered as a candidate from the moment that person files 
6 
his or her certificate of candidacy. Acts constituting premature campaigning 
7 
enumerated in this Code shall apply to candidates upon the filing of their 
8 
certificate of candidacy. 
9 
The term “prospective candidate” refers to any person aspiring for or seeking 
10 
an elective public office, whether or not that person has explicitly declared his 
11 
or her intention to run as a candidate but subsequently files a certificate of 
12 
candidacy. 
13 
(4)
“Certified List of Overseas Voters (CLOV)” refers to the list of registered
14 
overseas voters whose applications to vote overseas have been approved by
15 
the Commission, said list to be prepared by the Office for Overseas Voting of
16 
the Commission, on a country-by-country and post-by-post basis. The list shall
17 
be approved by the Commission in an en banc resolution.
18 
(5)
A “coalition” refers to an aggrupation of duly registered national political parties
19 
or regional political parties.
20 
(6)
The terms “Contractors” and “business firms” refer to any person, natural or
21 
juridical, or firm to whom any electoral expenditure is made, including but not
22 
limited to, media entities, media outlets, internet and social media platforms,
23 
advertising agencies, public relations firms and other intermediaries, event
24 
organizers, talent endorsers and their managers, digital influencers, and
25 
printing press for the purpose of entering into political advertisement contracts.
26 
“Social media associates” refer to contractors whose primary duty is to promote
27 
the election or defeat of any candidate through social media interactions and
28 
engagement.
29 
(7)
The term "contribution" includes a gift, donation, subscription, loan, advance
30 
or deposit of money or anything of value, or a contract, promise or agreement
31 
to contribute, whether or not legally enforceable, made for the purpose of
32 
influencing the results of the elections but shall not include services rendered
33 
without compensation by individuals volunteering a portion or all of their time
34 
in behalf of a candidate, party, organization, or coalition of parties. It shall also
35 
include the use of facilities voluntarily donated by other persons, the money
36 
value of which can be assessed based on the rates prevailing in the area.
37 
(8)
“Day of Election” refers to the actual date of elections in the Philippines
38 


6 
(9)
“Department of Foreign Affairs Overseas Voting Secretariat” (DFA-OVS) refers
1 
to the secretariat based at the Department of Foreign Affairs (DFA) home office
2 
tasked to assist the Office for Overseas Voting (OFOV) under the Commission,
3 
and to direct, coordinate and oversee the participation of the DFA in the
4 
implementation of the Overseas Voting Act.
5 
(10) “Disinterested witness” refers to a registered voter in the same barangay where
6 
the applicant seeks to register and who resides thereat, attesting to a certain
7 
fact, the identity, personal circumstances and residence of the applicant, but
8 
has no personal advantage or disadvantage on the approval or disapproval of
9 
the applicant’s voter registration. A disinterested witness should not be related
10 
to the applicant within the fourth (4th) civil degree of consanguinity or affinity:
11 
Provided, however, That no disinterested witness shall be allowed to identify
12 
more than three (3) applicants.
13 
(11) “E-rally” refers to a rally under this Article which is conducted for an online
14 
audience.
15 
(12) “Election campaign” or “partisan political activity” refers to any act designed to
16 
promote the election or defeat of a particular candidate or candidates to a
17 
public office, and shall include any of the following:
18 
(a) Forming organizations, associations, clubs, committees or other groups
19 
of persons for the purpose of soliciting votes and/or undertaking any
20 
campaign for or against a candidate;
21 
(b) Creating on any social media platform, user groups or community pages,
22 
for the purpose of conducting campaigns or related partisan political
23 
activity;
24 
(c) Holding political caucuses, conferences, meetings, rallies, parades or
25 
other similar assemblies for the purpose of soliciting votes and/or
26 
undertaking any campaign or propaganda for or against a candidate;
27 
(d) Making speeches, announcements or commentaries, or holding
28 
interviews for or against the election of any candidate for public office;
29 
(e) Publishing, displaying, or distributing campaign literature or materials
30 
designed to support or oppose the election of any candidate; or
31 
(f) Directly or indirectly soliciting votes, pledges, or support for or against
32 
any candidate, Provided, That the acts enumerated in this subsection
33 
shall equally be applicable to a prospective candidate.
34 
(13) “Election returns” refers to a) a document in electronic and printed form directly
35 
produced by the counting or voting machine, showing the date of the election,
36 
the province, municipality and the precinct in which it is held and the votes in
37 
figures for each candidate in a precinct and b) a document in printed form and
38 


7 
 
manually accomplished for purposes of reflecting the manual count of the votes 
1 
at the polling precinct, showing the date of the election, the province, 
2 
municipality, and the precinct in which it is held and the votes in figures for 
3 
each precinct.  
4 
In barangay and Sangguniang Kabataan elections and in other electoral 
5 
exercises that uses the manual system, election returns shall be understood to 
6 
be the document in printed form and manually accomplished for purposes of 
7 
reflecting the manual count of the votes at the polling precinct, showing the 
8 
date of the election or any other electoral exercise, the province, municipality, 
9 
and the precinct in which it is held and the votes in figures for each precinct. 
10 
(14) “Election survey” refers to the measurement of opinions and perception of 
11 
voters as regards a candidate’s popularity, qualifications, platforms or matters 
12 
of public discussion in relation to the election, including voters’ preference for 
13 
candidates or publicly discussed issues.  
14 
(15) “Electoral ads” and “electoral posts” refers to advertisements and social media 
15 
posts that have for their primary purpose the promotion of the victory or defeat 
16 
of an official candidate.  
17 
(16) “Electronic transmission” refers to the conveyance of data in electronic form 
18 
from one location to another.  
19 
(17) “Exit polls” refers to a species of election survey conducted by a qualified 
20 
individual or group for the purpose of determining the probable result of an 
21 
election by confidentially asking randomly selected voters for the names of 
22 
candidates they have voted for, immediately after they have officially cast their 
23 
ballots.  
24 
(18) The term "expenditure" includes the payment or delivery of money of anything 
25 
of value, or a contract, promise or agreement to make an expenditure, for the 
26 
purpose of influencing the results of the election. It shall also include the use 
27 
of facilities owned by a voter or the candidate, the money value of the use of 
28 
which can be assessed based on the rates prevailing in the area.  
29 
(19) “Field Registration” refers to the conduct of registration of overseas voters at 
30 
predetermined locations, either in the Philippines, as may be determined by the 
31 
Commission, or outside the posts, upon the favorable recommendation of the 
32 
DFA-OVS, both being of limited duration and based on the guidelines prescribed 
33 
by the Commission for that exclusive purpose; the government shall not collect 
34 
fees for the same. 
35 
(20) “Health Workers” shall mean all persons who are engaged in health and health-
36 
related work, and all persons employed in all hospitals, sanitaria, health 
37 
infirmaries, health centers, rural health units, barangay health stations, clinics, 
38 
and other health-related establishments owned and operated by the 
39 


8 
 
government or its political subdivisions with original charters and shall include 
1 
medical, allied health professional, administrative and support personnel 
2 
employed regardless of their employment status who physically report to the 
3 
frontlines during the day of the election. 
4 
(21) “Hybrid election system” refers to a system using the appropriate technology 
5 
which has been demonstrated in the voting, counting, consolidating, 
6 
canvassing, and transmission of election results, and other electoral processes 
7 
but also utilizes manual counting to ensure transparency and credibility of the 
8 
electoral processes.  
9 
(22) “Indigenous peoples” refers to qualified voters who belong to a group of people 
10 
or homogenous societies identified by self-ascription and ascription by others, 
11 
who have continuously lived as organized community on communally bounded 
12 
and defined territory, and who have, under claims of ownership since time 
13 
immemorial, occupied, possessed and utilized such territories, sharing common 
14 
bonds of language, customs, traditions and other distinctive cultural traits, or 
15 
who have, through resistance to political, social and cultural inroads of 
16 
colonization, non-indigenous religions and cultures, became historically 
17 
differentiated from the majority of Filipinos. Indigenous peoples shall likewise 
18 
include peoples who are regarded as indigenous on account of their descent 
19 
from the populations which inhabited the country, at the time of conquest or 
20 
colonization, or at the time of inroads of non-indigenous religions and cultures, 
21 
or the establishment of present state boundaries, who retain some or all of 
22 
their own social, economic, cultural and political institutions, but who may have 
23 
been displaced from their traditional domains or who may have resettled 
24 
outside their ancestral domains.  
25 
(23) "Initiative" refers to the power of the people to propose amendments to the 
26 
Constitution or to propose and enact legislations through an election called for 
27 
the purpose.  
28 
(24) “Internally Displaced Person” or “IDP” refers to a person who has been forced 
29 
or obliged to flee or to leave home or place of habitual residence within the 
30 
national borders as a result of, or in order to avoid or minimize, the effects of 
31 
armed conflict, situations of generalized and/or organized violence, violations 
32 
of human rights, implementation of development projects, or natural and 
33 
human-induced or human-made hazards or disasters. 
34 
(25) “Livestreaming” refers to the live broadcasting of an event over the internet.  
35 
(26) “Local Absentee Voting” refers to a system of voting whereby government 
36 
officials and employees, including the Armed Forces of the Philippines and the 
37 
Philippine National Police, as well as members of the media, media practitioners 
38 
including their technical and support staff, who are registered voters are 
39 


9 
 
allowed to vote for national positions, in places where they are not registered 
1 
voters but where they are temporarily assigned to perform election duties on 
2 
election day, or in case of media practitioners and their support staff, they will 
3 
not be able to vote due to the performance of their functions in covering and 
4 
reporting the elections.  
5 
(27) “Marginalized and underrepresented sectors” refer to the sectors expressly 
6 
mentioned in Article VI, Section 5 of the Constitution and other sectors that 
7 
are, by nature, economically, politically, culturally, or socially marginalized 
8 
from, and/or underrepresented in, mainstream economic, political, cultural, or 
9 
social activities. These sectors include fisher folk, persons with disabilities, 
10 
veterans, overseas workers, and other similar sectors.  
11 
(28) “Mass media” refers to diversified technologies, operating on various platforms 
12 
that have for their primary purpose the transmission of information and 
13 
communication to a large audience. These platforms include broadcast, internet 
14 
and mobile, print, and outdoor. “Mass media entities” refer to individuals and 
15 
organizations that exercise control over these technologies and determine, 
16 
whether directly or indirectly, the content being distributed using these 
17 
technologies. “Social media” is a form of mass media.  
18 
(29) “Media practitioner” refers to a person who is not employed by a media entity 
19 
but performs similar functions or has control over what is printed or broadcast 
20 
such as a talent or a block timer.  
21 
Persons who create online content for personal or collective blogs and micro-
22 
blogs shall be considered as media practitioners. 
23 
(30) A “meme” refers to an image or video that is spread by internet users on various 
24 
social media networks.  
25 
(31) “Micro targeting” refers to a form of targeting online advertisement that uses 
26 
the analysis of a person’s online usage to preferentially serve advertisements 
27 
and other information that specifically reflects that individual user’s preferences 
28 
and personality.  
29 
(32) “Mobile Registration” refers to the conduct of registration of overseas voters at 
30 
various locations outside the posts, other than at field registrations, undertaken 
31 
as part of the posts' mobile consular and outreach activities to Filipinos within 
32 
their jurisdictions. 
33 
(33) “Municipal/City/District Registry of Overseas Voters (ROV)” refers to the 
34 
consolidated list prepared, approved and maintained by the Commission for 
35 
every municipality/city/district of overseas voters whose applications for 
36 
registration as such, including those registered voters who applied for 
37 
certification as overseas voters, have been approved by the Election 
38 
Registration Board and/or resident Election Registration Board. 
39 


10 
 
(34) “National Registry of Overseas Voters (NROV)” refers to the consolidated list 
1 
prepared, approved and maintained by the Commission of overseas voters 
2 
whose applications for registration as overseas voters, including those 
3 
registered voters under Republic Act No. 8189 who have applied to be certified 
4 
as overseas voters, have been approved by the resident Election Registration 
5 
Board, indicating the post where the overseas voter is registered. 
6 
(35) “Office for Overseas Voting (OFOV)” refers to the Office of the Commission 
7 
tasked to oversee and supervise the effective implementation of the Overseas 
8 
Voting Act. 
9 
(36) “Online campaigning” refers to the use of the internet to distribute campaign 
10 
propaganda. This includes text-only posts on social media, pictures, audio clips 
11 
and video clips, regardless of duration, and all combinations of such formats.  
12 
(37) “Overseas Voter” refers to a citizen of the Philippines who is qualified to register 
13 
and vote under this Act, not otherwise disqualified by law, who is abroad on 
14 
the day of elections. 
15 
(38) “Overseas Voting” refers to the process by which qualified citizens of the 
16 
Philippines abroad exercise their right to vote. 
17 
(39) The term "person" includes an individual, partnership, committee, association, 
18 
corporation, and any other organization or group of persons, as applicable. The 
19 
use of the terms “he”, “his”, or “him”, shall be understood to cover “she” or 
20 
“her” as the case may be.  
21 
(40) “Persons Deprived of Liberty” or “PDLs” refers to any person who is: 
22 
(a) confined in jail, who has been formally charged for an offense and is 
23 
awaiting or undergoing trial;  
24 
(b) Serving a sentence of imprisonment for less than one (1) year; or 
25 
(c) Convicted of a crime but has timely filed an appeal against such 
26 
conviction.  
27 
(41) “Persons with disabilities” or “PWDs” refers to qualified voters who have long 
28 
term physical, mental, intellectual, or sensory impairments which, in interaction 
29 
with various barriers, may hinder their full and effective participation in society 
30 
on an equal basis with others.  
31 
(42) "Plebiscite" refers to the electoral process by which an initiative on the 
32 
Constitution is approved or rejected by the people.   
33 
(43) “Political advertisement” or “election propaganda” refers to any matter 
34 
broadcasted, published, printed, displayed, or exhibited, in any medium, which 
35 
contains the name, image, logo, brand, insignia, initials, and other symbol or 
36 
graphic representation that is capable of being associated with a candidate, 
37 


11 
and is exclusively intended to draw the attention of the public or a segment 
1 
thereof to promote or oppose, directly or indirectly, the election of the said 
2 
candidate or candidates to a public office. In broadcast media, political 
3 
advertisements may take the form of spots, appearances on television shows 
4 
and radio programs, live or taped announcements, teasers, and other forms of 
5 
advertising messages or announcements used by commercial advertisers. 
6 
(44) The term "political party" when used in this Code, refers to an organized group
7 
of citizens advocating an ideology or platform, principles and policies for the
8 
general conduct of government and which, as the most immediate means of
9 
securing their adoption, regularly nominates and supports certain of its leaders
10 
and members as candidates for public office.
11 
A political party is a national party when its constituency is spread over the
12 
geographical territory of at least a majority of the regions. It is a regional party
13 
when its constituency is spread over the geographical territory of at least a
14 
majority of the cities and provinces comprising the region.
15 
(45) “Posts”, within the context of overseas voting, registration, or canvassing, refer
16 
to the Philippine embassies, consulates, foreign service establishments and
17 
other Philippine government agencies maintaining offices abroad and having
18 
jurisdiction over the places where the overseas voters reside.
19 
(46) “Pregnant women” refer to qualified voters who are pregnant during election
20 
day regardless of the number of trimesters. For purposes of local absentee
21 
voting, the term shall refer to qualified voters who are pregnant at the time of
22 
registration to avail of absentee voting and who, in the natural course of events,
23 
are expected to remain pregnant during the period of absentee voting.
24 
(47) "Proposition" refers to the measure proposed by the voters.
25 
(48) “Public places” shall mean any property, whether movable or immovable, that
26 
is owned or controlled by the Government and it shall include the properties
27 
owned or controlled by the local government units, government-owned and
28 
controlled corporations, and other agencies and instrumentalities of the
29 
Government.
30 
(49) The term “public utility” refers to any business or service engaged in regularly
31 
supplying the public with some commodity or service of public consequence
32 
such as electricity, gas, water, transportation, telephone, telegraph, or internet
33 
service.
34 
(50) “Quarantined and Hospitalized Persons” shall refer to persons who are
35 
quarantined or receiving medical treatment in quarantine facilities and hospitals
36 
accredited by the Commission due to the existing public health emergency.
37 


12 
 
(51) "Referendum" refers to the power of the electorate to approve or reject a 
1 
legislation through an election called for the purpose. 
2 
(52) “Repatriated Overseas Voter” refers to a citizen of the Philippines registered 
3 
and allowed to vote under Republic Act No. 9189, as amended, but was 
4 
repatriated due to special circumstances such as armed conflict, issues in 
5 
international relations, state of emergency or calamity, or any other analogous 
6 
circumstances beyond the control or fault of the voter. 
7 
(53) “Resident Election Registration Board (RERB)” refers to the in-house Election 
8 
Registration Board in every post and in the OFOV, which processes, approves 
9 
or disapproves all applications for registration and/or certification as overseas 
10 
voters, including the deactivation, reactivation and cancellation of registration 
11 
records. 
12 
(54) “Satellite Registration” refers to registration conducted by an Election Officer in 
13 
established satellite offices located in a public place within his or her area of 
14 
jurisdiction. It accepts application for registration, transfer or transfer with 
15 
reactivation, reactivation of registration records, change or correction of entries 
16 
and validation of registration from all registrants or voters residing within the 
17 
Election Officer's territorial jurisdiction.  
18 
(55) “Seafarers” refer to ship officers and ratings manning ships, including offshore 
19 
workers, service providers and fishermen, as denned in the revised rules on the 
20 
issuance of seafarer's identification and record book of the Maritime Industry 
21 
Authority.  
22 
(56) A “sectoral party” or “sectoral organization” refers to an organized group of 
23 
citizens belonging to any of the marginalized and underrepresented sectors and 
24 
whose principal advocacy pertains to the special interests and concerns of their 
25 
sector. 
26 
(57) “Senior citizens” refer to qualified voters who are at least sixty (60) years old.  
27 
(58) “Social Media” refers to the collective online communication channels, including 
28 
websites and applications that enable users to create and share content, 
29 
collaborate, and interact with each other. Video sharing sites which allow users 
30 
to post comments on individual entries shall be considered as falling within the 
31 
category of “social media.” “Social Media Account” refers to a user’s 
32 
personalized access to a social networking site or application, typically using a 
33 
username and password on the same social networking site. “Social Media Post” 
34 
refers to any text, audio, or graphic content, or any combination thereof, 
35 
published online using a social media account.  
36 
(59) “Source code” refers to the human readable instructions that define what a 
37 
computer equipment will do.  
38 


13 
 
(60) “Special registration” refers to registration conducted in established satellite 
1 
offices by a special registration team designated by the Commission. It 
2 
exclusively caters to first time person with disability and senior citizen 
3 
registrants residing outside the area of jurisdiction of the regular Election 
4 
Officer conducting the satellite registration.  
5 
(61) The terms “Statement of Contributions and Expenditures” or “SOCE” refers to 
6 
the complete set of campaign finance disclosure statements that candidates, 
7 
parties, or organizations are required to submit by law, in the for prescribed by 
8 
the Commission.   
9 
Article 3 
10 
The Commission on Elections 
11 
SEC. 6. Powers and functions of the Commission on Elections. - The 
12 
Commission shall have exclusive charge of the enforcement and administration of all 
13 
laws and regulations relative to the conduct of election, plebiscite, initiative, 
14 
referendum, and recall for the purpose of ensuring free, orderly and honest elections, 
15 
and shall:  
16 
(a) Exercise exclusive original jurisdiction over all contests relating to the elections, 
17 
returns, and qualifications of all elective regional, provincial, and city officials, and 
18 
appellate jurisdiction over all contests involving elective municipal officials decided 
19 
by trial courts of general jurisdiction, or involving elective barangay officials 
20 
decided by trial courts of limited jurisdiction.  
21 
Decisions, final orders, or rulings of the Commission on election contests involving 
22 
elective municipal and barangay offices shall be final, executory, and not 
23 
appealable.   
24 
(b) Decide, except those involving the right to vote, all questions affecting elections, 
25 
including determination of the number and location of polling places, appointment 
26 
of election officials and inspectors, and registration of voters.  
27 
(c) Summon the parties to a controversy pending before it, issue subpoena and 
28 
subpoena duces tecum, and take testimony in any investigation or hearing before 
29 
it, and delegate such power to any officer of the Commission who shall be a 
30 
member of the Philippine Bar.   
31 
Whenever vital, the Commission may conduct hearings on controversies pending 
32 
before it in the cities or provinces upon proper motion of any party, taking into 
33 
consideration the materiality and number of witnesses to be presented, the 
34 
situation prevailing in the area and the fund available for the purpose.  
35 
The Commission may, when necessary, avail of the assistance of any national or 
36 
local law enforcement agency and/or instrumentality of the government to 
37 


14 
 
execute under its direct and immediate supervision any of its final decisions, 
1 
orders, instructions or rulings.   
2 
No decision or resolution shall be rendered by the Commission either en banc or 
3 
by division unless taken up in a formal session properly convened for the purpose.   
4 
(d) Punish contempt provided for in the Rules of Court in the same procedure and 
5 
with the same penalties provided therein. Any violation of any final and executory 
6 
decision, order or ruling of the Commission shall constitute contempt thereof.   
7 
(e) Enforce and execute its decisions, directives, orders and instructions which shall 
8 
have precedence over those emanating from any other authority, except the 
9 
Supreme Court and those issued in habeas corpus proceedings.   
10 
(f) Deputize, with the concurrence of the President, law enforcement agencies and 
11 
instrumentalities of the Government, including the Armed Forces of the 
12 
Philippines, for the exclusive purpose of ensuring free, orderly, honest, peaceful, 
13 
and credible elections.  
14 
(g) Exercise direct and immediate supervision and control over national and local 
15 
officials or employees, including members of any national or local law enforcement 
16 
agency and instrumentality of the government who it has deputized or who are 
17 
required by law to perform duties relative to the conduct of elections. 
18 
Commission may relieve any officer or employee referred to in the preceding 
19 
paragraph from the performance of his or her duties relating to electoral processes 
20 
who violates the election law or fails to comply with its instructions, orders, 
21 
decisions or rulings, and appoint his substitute. The Commission shall recommend 
22 
to the proper authority the removal of any officer or employee it has deputized, 
23 
or the imposition of any other disciplinary action, for violation or disregard of, or 
24 
disobedience to, its directive, order, or decision.  
25 
(h) Register, after sufficient publication, political parties, organizations, or coalitions 
26 
which, in addition to other requirements, must present their platform or program 
27 
of government; and accredit citizens' arms of the Commission on Elections. 
28 
Religious denominations and sects shall not be registered. Those which seek to 
29 
achieve their goals through violence or unlawful means, or refuse to uphold and 
30 
adhere to this Constitution, or which are supported by any foreign government 
31 
shall likewise be refused registration.  
32 
Financial contributions from foreign governments and their agencies to political 
33 
parties, organizations, coalitions, or candidates related to elections, constitute 
34 
interference in national affairs, and, when accepted, shall be an additional ground 
35 
for the cancellation of their registration with the Commission, in addition to other 
36 
penalties that may be prescribed by law.  
37 


15 
 
(i) File, upon a verified complaint, or on its own initiative, petitions in court for 
1 
inclusion or exclusion of voters; investigate and, where appropriate, prosecute 
2 
cases of violations of election laws, including acts or omissions constituting 
3 
election frauds, offenses, and malpractices.  
4 
(j) Recommend to the Congress effective measures to minimize election spending, 
5 
including limitation of places where propaganda materials shall be posted, and to 
6 
prevent and penalize all forms of election frauds, offenses, malpractices, and 
7 
nuisance candidacies.  
8 
(k) Submit to the President and the Congress, a comprehensive report on the conduct 
9 
of each election, plebiscite, initiative, referendum, or recall.  
10 
(l) Promulgate rules and regulations implementing the provisions of this Code or 
11 
other laws which the Commission is required to enforce and administer, and 
12 
require the payment of legal fees and collect the same in payment of any business 
13 
done in the Commission, at rates that it may provide and fix in its rules and 
14 
regulations.  
15 
Rules and regulations promulgated by the Commission to implement the 
16 
provisions of this Code shall take effect on the fifteenth day after publication in 
17 
the Official Gazette or in at least two daily newspapers of general circulation. 
18 
Orders and directives issued by the Commission pursuant to said rules and 
19 
regulations shall be furnished by personal delivery to accredited political parties 
20 
within forty-eight hours of issuance and shall take effect immediately upon receipt.  
21 
In case of conflict between rules, regulations, orders or directives of the 
22 
Commission in the exercise of its constitutional powers and those issued by any 
23 
other administrative office or agency of the government concerning the same 
24 
matter relative to elections, the former shall prevail.   
25 
(m) Prescribe the forms to be used in the election, plebiscite or referendum.   
26 
(n) Procure any supplies, equipment, materials or services needed for the holding of 
27 
the election, subject to the provisions of existing laws.  
28 
(o) Prescribe the use or adoption of the latest technological and electronic devices, 
29 
taking into account the situation prevailing in the area and the funds available for 
30 
the purpose: Provided, That the Commission shall notify the authorized 
31 
representatives of accredited political parties and candidates in areas affected by 
32 
the use or adoption of technological and electronic devices not less than thirty 
33 
days prior to the effectivity of the use of such devices.   
34 
(p) Carry out a continuing and systematic campaign through newspapers of general 
35 
circulation, radios and other media forms to educate the public and fully inform 
36 
the electorate about election laws, procedures, decisions, and other matters 
37 


16 
 
relative to the work and duties of the Commission and the necessity of clean, free, 
1 
orderly and honest electoral processes.   
2 
(q) During the election period, supervise or regulate the enjoyment or utilization of 
3 
all franchises or permits for the operation of transportation and other public 
4 
utilities, media of communication or information, all grants, special privileges, or 
5 
concessions granted by the Government or any subdivision, agency, or 
6 
instrumentality thereof, including any government-owned or controlled 
7 
corporation or its subsidiary. Such supervision or regulation shall aim to ensure 
8 
equal opportunity, time, and space, and the right to reply, including reasonable, 
9 
equal rates therefor, for public information campaigns and forums among 
10 
candidates in connection with the objective of holding free, orderly, honest, 
11 
peaceful, and credible elections.  
12 
(r) Enlist non-partisan group or organizations of citizens from the civic, youth, 
13 
professional, educational, business or labor sectors known for their probity, 
14 
impartiality and integrity with the membership and capability to undertake a 
15 
coordinated operation and activity to assist it in the implementation of the 
16 
provisions of this Code and the resolutions, orders and instructions of the 
17 
Commission for the purpose of ensuring free, orderly and honest elections in any 
18 
constituency.  
19 
The designation of any group or organization made in accordance herewith may 
20 
be revoked by the Commission upon notice and hearing whenever by its 
21 
actuations such group or organization has shown partiality to any political party 
22 
or candidate, or has performed acts in excess or in contravention of the functions 
23 
and duties herein provided and such others which may be granted by the 
24 
Commission.  
25 
(s) Fix other reasonable periods for certain pre-election requirements in order that 
26 
voters shall not be deprived of their right of suffrage and certain groups of rights 
27 
granted them in this Code.  
28 
(t) After due notice and hearing, the Commission may inquire into the financial 
29 
records of candidates, parties, any organization, or group of persons for the 
30 
purpose of determining whether there is probable cause to hold that a such 
31 
candidates, parties, organization, or group of persons has violated the law or 
32 
regulation pertaining to electoral contributions and expenditures. 
33 
For this purpose, the Commission may avail itself of the assistance of the 
34 
Commission on Audit, the Bangko Sentral ng Pilipinas, the National Bureau of 
35 
Investigation, the Bureau of Internal Revenue, and other agencies of the 
36 
government.  
37 
(u) Create, merge, or abolish departments, offices, divisions or units within the 
38 
Commission, redistribute functions and reassign personnel, change designations 
39 


17 
 
of existing positions, subject to pertinent existing laws and regulations: Provided, 
1 
however, That the security of tenure of officials or employees are fully protected.  
2 
(v) Perform such other functions as are necessary or incidental to the enforcement 
3 
and administration of all laws and regulations relative to the conduct of election, 
4 
plebiscite, initiative, referendum, and recall for the purpose of ensuring free, 
5 
orderly and honest elections 
6 
SEC. 7.Field offices of the Commission. - The Commission shall have the 
7 
following field offices:  
8 
(1) Regional Election Office, headed by the Regional Election Director and assisted by 
9 
the Assistant Regional Director and such other subordinate officers or employees 
10 
as the Commission may appoint.  
11 
(2) Provincial Election Office, headed by the Provincial Election Supervisor for each 
12 
province and assisted by at least one election assistant and such number of 
13 
assistants and other subordinate officers or employees as the Commission may 
14 
appoint.  
15 
(3) City/Municipal Election Office, headed by the City/Municipal Officer for each city 
16 
of municipality, each election officer shall be assisted by at least one election 
17 
assistant and such number of assistants and subordinate officers or employees as 
18 
the Commission may appoint. 
19 
The Commission may delegate its powers and functions or order the implementation 
20 
or enforcement of its orders, rulings, or decisions through the heads of its field offices.   
21 
SEC. 8.Automatic creation of positions of election officers. - Whenever new 
22 
cities or municipalities are created, there shall be automatically created for the city or 
23 
municipality, positions of election officers and election assistants in such number as 
24 
determined pursuant to the ration established in the succeeding section.    
25 
SEC. 9. Ratio of Election Assistants to registered voters. - There shall be a 
26 
corresponding number of election assistant position at the ratio of one election 
27 
assistant for every twenty thousand (20,000) registered voters.  
28 
SEC. 10. No other personnel, other than those mentioned in the preceding 
29 
section, or expressly authorized by law, shall be assigned, designated, engaged or 
30 
detailed at the Commission’s field offices, or shall be allowed to perform administrative 
31 
or clerical works thereto. Violation of this provision shall constitute an election offense.  
32 
SEC. 11.Qualifications. - Only members of the Philippines Bar shall be eligible 
33 
for appointment to the position of regional director, assistant regional director, 
34 
provincial election supervisor and election officer: Provided, however, That if there are 
35 
no members of the Philippine Bar available for appointment as election officer, except 
36 
in cities and capital towns, graduates of duly recognized schools of law who possess 
37 
the appropriate civil service eligibility may be appointed to said position. 
38 


18 
 
Nothing in this section shall prejudice the security of tenure of election officers 
1 
who had already been appointed as such at the time of the effectivity of this Code. 
2 
SEC. 12.Office space. – The Commission shall provide and accessible and 
3 
suitable office for its field officers and their staff.  
4 
The local government unit concerned shall continue to provide a suitable place 
5 
for the office of the provincial election supervisor and his or her staff and the election 
6 
officer and his or her staff until such time that the Commission has provided the field 
7 
office concerned with its own office which in no case shall exceed five (5) years from 
8 
the effectivity of this Code.  
9 
SEC. 13.Changes in the composition, distribution or assignment of field offices. 
10 
- The Commission may make changes in the composition, distribution and assignment 
11 
of field offices, as well as its personnel, whenever the exigencies of the service and 
12 
the interest of free, orderly, and honest election so require: Provided, That such 
13 
changes shall be effective and enforceable only for the duration of the election period 
14 
concerned and shall not affect the tenure of office of the incumbents of positions 
15 
affected and shall not constitute a demotion, either in rank or salary, nor result in 
16 
change of status: and Provided, further, That there shall be no changes in the 
17 
composition, distribution or assignment within thirty days before election, except for 
18 
cause and after due notice and hearing, and that in no case shall a regional or assistant 
19 
regional director be assigned to a region; a provincial election supervisor to a province; 
20 
or a city or municipal election officer to a city or municipality, where he and/or his 
21 
spouse are related to any candidate within the fourth civil degree of consanguinity or 
22 
affinity as the case may be.  
23 
SEC. 14.Bangsamoro Electoral Office - The Commission shall establish a 
24 
Bangsamoro Electoral Office under its supervision and control which shall implement 
25 
and enforce its orders, rulings and decisions.  The Bangsamoro Electoral Office shall 
26 
have such powers and functions as are granted to it by R.A. 11054, other national 
27 
laws, and regional laws. 
28 
SEC. 15.Disqualifications of members of the Commission. - The chairperson 
29 
and members of the Commission shall be subject to the Canons of Judicial Ethics and 
30 
Code of Judicial Conduct in the discharge of their functions.  
31 
No chairperson or commissioner shall sit in any case in which he or she has 
32 
manifested bias or prejudice for or against or antagonism against any party thereto 
33 
and in connection therewith, or in any case in which he or she would be disqualified 
34 
under the Rules of Court. If it be claimed that the chairperson or a commissioner is 
35 
disqualified as above provided, the party objecting to his or her competency may file 
36 
an objection in writing with the Commission stating the ground therefor. The official 
37 
concerned shall continue to participate in the hearing or withdraw therefrom in 
38 
accordance with his or her determination of the question of his or her disqualification. 
39 


19 
 
The decision shall forthwith be made in writing and filed with the other papers of the 
1 
case in accordance with the Rules of Court. 
2 
SEC. 16.Publication of official ballots and election returns and printing thereof. 
3 
- The Commission shall publish at least ten days before an election in a newspaper of 
4 
general circulation certified data on the number of official ballots and election returns. 
5 
SEC. 17.Election expenses. - Such expenses as may be necessary and 
6 
reasonable in connection with the elections, referenda, plebiscites and other similar 
7 
exercises shall be paid by the Commission. 
8 
Funds needed by the Commission to defray the expenses for the holding of 
9 
regular and special elections, referenda and plebiscites shall be provided in the regular 
10 
appropriations of the Commission which, upon request, shall immediately be released 
11 
to the Commission. In case of deficiency, the amount so provided shall be augmented 
12 
from the special activities’ funds in the general appropriations act and from those 
13 
specifically appropriated for the purpose in special laws.  
14 
 
15 
CHAPTER II 
16 
ACTIVITIES DURING THE PRE-ELECTION PERIOD 
17 
 
18 
Article 4 
19 
Registration of Voters 
20 
SEC. 18.Permanent List of Voters. - The permanent list of voters per precinct 
21 
in each city or municipality that was in place prior to the effectivity of this Code shall 
22 
remain, subject to the necessary updates.  
23 
Such precinct-level list of voters shall be accompanied by an addition/deletion 
24 
list of the purpose of updating the list. 
25 
The precinct assignment of a voter in the permanent list of voters shall not be 
26 
changed or altered or transferred to another precinct without the express written 
27 
consent of the voter: Provided, however, That the voter shall not unreasonably 
28 
withhold such consent. Any violation thereof shall constitute an election offense. 
29 
The Election Officer shall be responsible for the display, throughout the year, 
30 
of the most recent precinct maps in his or her office and in the bulletin board of the 
31 
city or municipal hall.  
32 
SEC. 19.Registered voters for the Sangguniang Kabataan Elections. - There 
33 
shall likewise be a list of voters per precinct in each city or municipality consisting of 
34 
all registered voters who are qualified to vote in the Sangguniang Kabataan elections. 
35 
Such list shall also be accompanied by an addition/deletion list. 
36 


20 
 
Persons whose registration in such list is still subsisting at the time he or she 
1 
turns eighteen years of age shall be added by the Commission in the permanent list 
2 
of voters, without need for such person to register anew. Persons who, on the day of 
3 
the next Sangguniang Kabataan elections, shall no longer meet the age requirement 
4 
herein set forth shall be removed by the Commission from such list. 
5 
SEC. 20.Precincts. - The unit of territory for the purpose of voting is the 
6 
election precinct, and every barangay as of the approval shall have at least one such 
7 
precinct. The Commission shall establish all election precincts:  Provided, That, the 
8 
most recently updated precinct maps at the time of the effectivity of this Code shall, 
9 
to the extent practicable, remain in place for the purposes of the next immediately 
10 
following election.  
11 
After such election, spin-off precincts or new precincts may be created to 
12 
accommodate additional voters residing within the territorial jurisdiction of the original 
13 
precincts: Provided, That the polling place of all the precincts created thereby shall be 
14 
located in the same building or compound where the polling place of the original 
15 
precinct is located, and if this be not feasible, in a place as close as possible to the 
16 
polling place of the original precinct: Provided further, That the polling place of the 
17 
new precinct may be located elsewhere upon written petition of the majority of the 
18 
voters of the new precinct: Provided finally, That when a precinct is divided into two 
19 
or more precincts, the registered voters shall be included in the precinct wherein they 
20 
reside.  
21 
The Commission shall retain the permanent numbering of all precincts by which 
22 
the precincts are indicated by Arabic numerals and a letter of the English alphabet. 
23 
Original or mother precincts shall be indicated by the Arabic numeral and letter "A of 
24 
the English alphabet. Spin-off or daughter precincts shall be indicated by the Arabic 
25 
numeral and letter of the English alphabet starting with letter B and so on. 
26 
No territory comprising an election precinct shall be altered or a new precinct 
27 
be established at the start of the election period. 
28 
Splitting of an original precinct or merger of two or more original precincts shall 
29 
not be allowed without redrawing the precinct map/s one hundred twenty (120) days 
30 
before election day.  
31 
SEC. 21.Arrangement of Precincts. - Every barangay shall have at least one 
32 
(1) precinct. Each precinct shall have no more than two hundred (200) voters. A 
33 
precinct shall be allowed to have less than 200 registered voters under the following 
34 
conditions: 
35 
(1) As soon as the 200-limit for every precinct has been reached, a spin-off 
36 
or daughter precinct shall be created automatically by the Commission 
37 
to accommodate voters residing within the territorial jurisdiction of the 
38 


21 
 
original precinct. Thereafter, a separate list of new voters shall be 
1 
prepared by the Election Officer; and 
2 
(2) An island or group of islands with less than two hundred (200) voters 
3 
may comprise one (1) original precinct.  
4 
(b) Where it is not practicable to divide the precinct by territory, the Commission 
5 
may adjust or split the precinct by assigning the registered voters therein 
6 
alphabetically and equitably among the adjusted or split precincts: Provided, 
7 
That, the polling places of said precincts shall be in the same building or 
8 
premises.  
9 
(c) Every case of alteration of precincts shall be duly announced by posting a notice 
10 
thereof in a conspicuous place in the precinct, in the office of the election officer 
11 
and in the city or municipal hall and by providing political parties and candidates 
12 
a list of all the precincts at the start of the campaign period; and 
13 
(d) Consolidation or merger of precincts may be allowed: Provided, That the 
14 
merger of such precincts shall be effected ninety (90) days before election day.  
15 
(e) Any alteration of the election precincts or the establishment of new ones shall 
16 
be communicated to the provincial election supervisor, the provincial 
17 
superintendent of schools, etc. together with the corresponding maps, which 
18 
shall be published as prescribed in the next succeeding sections.  
19 
SEC. 22.Publication of maps or precincts. -  The Commission shall, through its 
20 
duly authorized representative, post in the city hall or municipal building and in three 
21 
other conspicuous places in the city or municipality including outside the office of the 
22 
election officer a map of the city or municipality showing its most recent division into 
23 
precincts with their respective boundaries and indicating therein all streets and alleys 
24 
in populous areas and the location of each polling place.   
25 
SEC. 23.System of Continuing Registration of Voters. - The personal or 
26 
electronic filing of application for registration of voters shall be conducted daily in the 
27 
office of the Election Officer during regular office hours, or through the official website 
28 
of the Commission. No registration shall, however, be conducted within one hundred 
29 
twenty (120) days before a regular election and ninety (90) days before a special 
30 
election.  
31 
SEC. 24. Necessity of Registration. - In order that a qualified elector may vote 
32 
in any election, plebiscite or referendum, he or she must be registered in the 
33 
permanent list of voters in a precinct of the city or municipality where he or she resides 
34 
to be able to vote in any election.  
35 
 
36 
SEC. 25.Who may Register. - All citizens of the Philippines not otherwise 
37 
disqualified by law who are at least eighteen (18) years of age, and who shall have 
38 


22 
 
resided in the Philippines for at least one (1) year, and in the barangay wherein they 
1 
propose to vote, for at least six (6) months immediately preceding the election, may 
2 
register as a voter: Provided, That a person shall be allowed to register by presenting 
3 
any valid proof of residence, such as the following: 
4 
A. Tax declaration or proof of payment of real property tax, or a certification 
5 
from the landowner or lessor or residential unit, apartment, condominium, dormitory 
6 
or similar dwelling units where the applicant is residing at the time of registration; 
7 
B. A recent household utility bill for gas, electric, water, telephone, cable, or 
8 
internet consumption, or a statement of account for mobile phone subscription or 
9 
credit card, under the applicant’s name; 
10 
C. Affidavit of at least two disinterested witnesses as defined in Section 5 this 
11 
Act that the applicant is a resident of the place of registration; or 
12 
D. Other competent proofs of residence decided upon and promulgated by the 
13 
Commission. 
14 
Any person who temporarily resides in another barangay or another country 
15 
solely by reason of one’s occupation, profession, employment in private or public 
16 
service, educational activities, work in the military or naval reservations within the 
17 
Philippines, service in the Armed Forces of the Philippines, the National Police Forces, 
18 
or confinement or detention in government institutions in accordance with law, shall 
19 
not be deemed to have lost the original residence. 
20 
Any person, who, on the day of registration may not have reached the required 
21 
age or period of residence but, who, on the day of the election shall possess such 
22 
qualifications, may register as a voter.  
23 
In addition, all citizens of the Philippines residing in the barangay where he or 
24 
she intends to vote for at least six (6) months and who are at least fifteen (15) but 
25 
not more than thirty (30) years of age on the day of the immediately following 
26 
Sangguniang Kabataan Election may register as members of the Katipunan ng 
27 
Barangay and as voters in such Sangguniang Kabataan Election.  
28 
SEC. 26.Disqualifications. - The following shall be disqualified from voting:  
29 
(a) Any person who has been sentenced by final judgment to suffer imprisonment for 
30 
not less than one year, such disability not having been removed by plenary pardon 
31 
or granted amnesty: Provided, however, That any person disqualified to vote 
32 
under this paragraph shall automatically reacquire the right to vote upon 
33 
completion of the service of the sentence.  
34 
(b) Any person who has been adjudged by final judgment by competent court or 
35 
tribunal of having committed any crime involving disloyalty to the duly constituted 
36 
government such as rebellion, sedition, violation of the anti-subversion and 
37 
firearms laws, or any crime against national security, unless restored to his full 
38 


23 
 
civil and political rights in accordance with law: Provided, That he shall regain his 
1 
right to vote automatically upon expiration of five years after service of sentence.   
2 
(c) Insane or incompetent persons as declared by competent authority unless 
3 
subsequently declared by proper authority that such person is no longer insane or 
4 
incompetent.  
5 
SEC. 27. Registration of Voters.  - To register as a voter, a qualified voter shall 
6 
either personally or electronically accomplish an application form for registration as 
7 
prescribed by the Commission and personally submit the accomplished form to the 
8 
office of the Election Officer of the city or municipality where the voter resides on any 
9 
date during office hours, or through the official website of the Commission. 
10 
The application shall contain the following data: 
11 
(a) Name, surname, middle name, and/or maternal surname; 
12 
(b) Sex; 
13 
(c) Date, and place of birth; 
14 
(d) Periods of residence in the Philippines and in the place of registration; 
15 
(e) Exact address with the name of the street and house number for location in 
16 
the precinct maps maintained by the local office of the Commission, or in case 
17 
there is none, a brief description of his residence, sitio, and barangay; 
18 
(f) A statement that the applicant possesses all the qualifications, and none of the 
19 
disqualification, of a voter; 
20 
(g) A statement that the applicant is not a registered voter in another precinct; and 
21 
(h) Other relevant information or data as may be required by the Commission.  
22 
The application for registration may be submitted personally or electronically 
23 
and shall be processed in accordance with Republic Act No. 10367, entitled “An Act 
24 
Providing For Mandatory Biometrics Voter Registration” at the expense of the 
25 
Commission.  
26 
Before the applicant accomplishes the application for registration, the Election 
27 
Officer shall inform the applicant of the qualifications and disqualifications prescribed 
28 
by law for a voter, and thereafter, see to it that the accomplished application contains 
29 
all the data therein required and that the applicant’s specimen signatures, fingerprints, 
30 
and photographs are properly affixed in the voter’s application.  
31 
Within three (3) years from the passage of this act, the Commission shall 
32 
develop and implement an automated system election registration which may be 
33 
accessed online. An online system of registration must also be developed and 
34 
implemented by the Commission within the same period.  
35 


24 
 
In case of online submission of application for registration by an applicant, the 
1 
Commission shall send a notice confirming its receipt of the application and provide 
2 
instructions on how the applicant may check the status of the application. 
3 
Furthermore, the Commission shall employ data security measures which are 
4 
necessary to ensure the accuracy and integrity of electronically submitted voter 
5 
registration applications. 
6 
SEC. 28. Illiterate applicants, senior citizens, and persons with disabilities. - 
7 
Any illiterate person may register with the assistance of the Election Officer or any 
8 
member of an accredited citizen’s arms. The Election Officer shall place such illiterate 
9 
person under oath, ask him the questions, and record the answers given in order to 
10 
accomplish the application form in the presence of the majority of the members of the 
11 
Board. The Election Officer or any member of an accredited citizen’s arm shall read 
12 
the accomplished form aloud to the person assisted and ask him if the information 
13 
given is true and correct. The accomplished form shall be subscribed by the applicant 
14 
in the presence of the Board by means of thumbmark or some other customary mark 
15 
and it shall be subscribed and attested by the majority of the members of the Board. 
16 
The attestation shall state the name of the person assisted, the name of the 
17 
Election Officer or the member of the accredited citizen’s arm who assisted the 
18 
applicant, the fact that the Election Officer placed the applicant under oath, that the 
19 
Election Officer or the member of the accredited citizen’s arm who assisted the 
20 
applicant read the accomplished form to the person assisted, and that the person 
21 
assisted affirmed its truth and accuracy, by placing his thumb mark or some other 
22 
customary mark on the application in the presence of the Board. 
23 
The application for registration of a person with disability or a senior citizen 
24 
may be prepared by any relative within the fourth civil degree of consanguinity or 
25 
affinity, by the Election Officer, by any member of an accredited citizen’s arm, or, in 
26 
the absence of any of the foregoing, by any person of his or her confidence who 
27 
belongs to the same household using the data supplied by the applicant. The fact of 
28 
that the applicant is a senior citizen, illiterate, or has a disability shall be so indicated 
29 
in the application. Likewise, the type or types of disability and the form or forms of 
30 
assistance necessary, whenever applicable, shall be indicated in the application.  
31 
Persons with disabilities and senior citizens who have previously registered but 
32 
have not indicated the type of disability, or who may have developed or manifested 
33 
such disability after having been registered, shall be allowed, during the periods to file 
34 
applications for registration, to update their registration records, and to indicate the 
35 
type of disability as well as the form of assistance they need during election day. The 
36 
Commission shall design registration forms specifically for persons with disability and 
37 
senior citizens, or issue supplemental forms for the said purpose, and provide for 
38 
procedures to be followed by those who need to update their registration records.  
39 


25 
 
SEC. 29.Registration to avail of local absentee voting – Persons who are 
1 
qualified to avail the local absentee voting must register, within the period provided 
2 
by the Commission, under the local absentee voting system in order to avail of such 
3 
privilege. Only those who are registered under the local absentee voting system may 
4 
vote as local absentee voter. 
5 
SEC. 30.Record of Persons with Disabilities and Senior Citizens.- The 
6 
Commission shall keep an updated record of persons with disabilities and senior 
7 
citizens who are registered as voters, which indicates the types of disability and the 
8 
assistance they need, to assist it in determining policy directions for more inclusive 
9 
and accessible electoral processes. The record shall be made accessible to concerned 
10 
government offices, accredited citizens' arms, civil society monitoring groups and 
11 
other organizations which promote the rights of the persons with disabilities and senior 
12 
citizens, subject to specific guidelines the Commission may promulgate to protect the 
13 
privacy of the individuals concerned. 
14 
SEC. 31.Satellite and Special Registration. - The Commission, in coordination 
15 
with national government agencies and local government units, person with disability 
16 
and senior citizen organizations, and other cause-oriented groups, shall conduct 
17 
satellite and/or special registration for persons with disabilities and senior citizens in 
18 
accessible places.  
19 
SEC. 32. Change of Residence to Another Barangay. - Any registered voter 
20 
who has transferred residence to another barangay may apply with the Election Officer 
21 
of the city or municipality in which the voter’s new residence is located for the transfer 
22 
of the voter’s registration records.  
23 
No transfer of a voter’s registration to another barangay shall be allowed within 
24 
one hundred twenty (120) days before a regular election and ninety (90) days before 
25 
a special election. 
26 
SEC. 33. Change of Address. - Any voter who has changed his or her address 
27 
in the same city or municipality, who desires to be transferred to another precinct, 
28 
shall immediately notify the Election Officer in writing. The Board shall transfer such 
29 
voter’s registration record to the precinct book of voters of his or her new precinct 
30 
and notify the voter of his or her new precinct. All changes of address shall be reported 
31 
to the office of the provincial election supervisor, or, in the case of cities and 
32 
municipality within the National Capital Region, to the office of the regional election 
33 
director. 
34 
SEC. 34.Election Registration Board. - There shall be in each city and 
35 
municipality as many as Election Registration Boards as there are election officers 
36 
therein. In thickly populated cities/municipalities, the Commission may appoint 
37 
additional election officers for such duration as may be necessary. 
38 


26 
 
The Board shall be composed of the Election Officer as chairperson and as 
1 
members, the public school official most senior in rank and the local civil registrar, or 
2 
in his or her absence, the city or municipal treasurer. 
3 
In case of disqualification of the Election Officer, the Commission shall 
4 
designate an acting Election Officer who shall serve as Chairperson of the Election 
5 
Registration Board. In case of disqualification or non-availability of the Local Registrar 
6 
or the Municipal or City Treasurer, the Commission shall designate any other 
7 
appointive civil service official from the same locality as substitute. 
8 
No member of the Board shall be related to each other or to any incumbent 
9 
city or municipal elective official within the fourth civil degree of consanguinity or 
10 
affinity. If in succeeding elections, any of the newly elected city or municipal officials 
11 
is related to a member of the board within the fourth civil degree of consanguinity or 
12 
affinity, such member is automatically disqualified to preserve the integrity of the 
13 
Election Registration Board. 
14 
SEC. 35.Compensation of the Members of the Board. - Each member of the 
15 
Board shall be entitled to an honorarium to One Thousand Pesos (P 1,000.00) for each 
16 
day of actual service rendered in the Board, which amount the Commission may adjust 
17 
every three (3) years hereafter. No member of the Board shall be entitled to traveling 
18 
expenses.  
19 
SEC. 36. Notice and Hearing of Applications. - Upon receipt of applications for 
20 
registration, the Election Officer shall set them for hearing, notice of which shall be 
21 
posted in the city or municipal bulletin board and in his or her office for at least one 
22 
(1) week before the hearing, and furnish copies thereof to the applicant concerned, 
23 
the heads or representatives of political parties, and other accredited groups or 
24 
organizations which actively participate in the electoral process in the city or 
25 
municipality. On the date of the hearing, the Election Officer shall receive such 
26 
evidence for or against the applicant. 
27 
A registrant whose application is not reasonably objected to shall be notified in 
28 
writing stating therein that no objection was raised against his application and that he 
29 
need not appear on the date set for the hearing of his application. The application of 
30 
such registrant shall be approved as a matter of course. 
31 
Physical presence of the applicant concerned shall, however, be mandatory in 
32 
all cases where objections against his or her application have been seasonably filed 
33 
with the proper Election Registration Board for him to rebut or refute evidence 
34 
presented in opposition thereto. 
35 
All applications for registration shall be heard and processed on a quarterly 
36 
basis. For this purpose, the Election Registration Board shall meet and convene on the 
37 
third Monday of April, July, October, and January of every calendar year, or on the 
38 
next following working day if the designated days fall on a non-working holiday, except 
39 


27 
 
in an election year to conform with the one hundred twenty (120) days prohibitive 
1 
period before election day. Should one day be insufficient for the processing of all 
2 
accepted applications, the Board shall adjourn from day to day until all the applications 
3 
shall have been processed.  
4 
SEC. 37.Challenges to Right to Register. - Any voter, candidate or 
5 
representative of a registered political party may challenge in writing any application 
6 
for registration, stating the grounds therefor. The challenge shall be under oath and 
7 
be attached to the application, together with the proof of notice of hearing to the 
8 
challenger and the applicant. 
9 
Oppositions to contest a registrant’s application for inclusion in the voter’s list 
10 
must, in all cases, be filed not later than the second Monday of the month in which 
11 
the same is scheduled to be heard or processed by the Election Registration Board. 
12 
Should the second Monday of the month fall on a non-working holiday, oppositions 
13 
may be filed on the next following working day. The hearing on the challenge shall be 
14 
heard on the third Monday of the month and the decision shall be rendered before 
15 
the end of the month.  
16 
SEC. 38.Power to Administer Oath and Issue Summons. - For purposes of 
17 
determining the right of the applicants to be registered as a voter, the Election Officer 
18 
shall have the power to administer oath, issue subpoena duces tecum and swear in 
19 
witnesses. The fees and expenses incidental thereto shall be paid in advance by the 
20 
party in whose behalf the summons is issued.  
21 
SEC. 39.Approval and Disapproval of Application. - The Election Officer shall 
22 
submit to the Board all applications for registration filed, together with the evidence 
23 
received in connection therewith. The Board shall, by majority vote, approve or 
24 
disapprove the applications. 
25 
Upon approval, the Election Officer shall assign a voters identification number 
26 
and issue an acknowledgment receipt to the registered voter. If the Board disapproves 
27 
the application, the applicant shall be furnished with a certificate of disapproval stating 
28 
the ground therefor. In cases of approval or disapproval, any aggrieved party may file 
29 
a petition for exclusion or inclusion, as the case may be, with the proper Municipal or 
30 
Metropolitan Trial Court as provided for in this Code.  
31 
SEC. 40.Publication of Action on Application for Registration. - Within five (5) 
32 
days from approval or disapproval of application, the Board shall post a notice in the 
33 
bulletin board of the city or municipal hall and in the office of the Election Officer, 
34 
stating the name and address of the applicant, the date of the application, and the 
35 
action taken thereon. The Election Officer shall furnish a copy of such notice 
36 
personally, or by registered mail or special delivery to the applicant and heads or 
37 
representatives of registered political parties in the city or municipality.  
38 


28 
 
SEC. 41. Preservation of Voter’s Registration Records. - The Election Officer 
1 
shall compile the copies of the approved applications for registration per precinct, 
2 
arrange the same alphabetically according to surname, and preserve the book of 
3 
voters and ensure its integrity. The copy of the approved application for registration 
4 
shall be scanned by the Election Officer and the scanned copy shall be sent to the 
5 
provincial and national central files within five (5) days after the approval of the Board.  
6 
All approved applications filed during the registration period in the local voter’s 
7 
database shall be extracted and stored in a universal serial bus (USB) or other storage 
8 
devices and sent to the appropriate office of the Provincial Election Supervisor or, in 
9 
the case of cities and municipality within the National Capital Region, to the office of 
10 
the regional election director.  
11 
SEC. 42.Voter’s Identification Number (VIN). - The Commission shall assign 
12 
every registered voter a voter’s identification number (V1N) consisting of three parts, 
13 
each separated by a dash. For example: 7501 -00191 -C145BCD. 
14 
(a) Part 1: Current Address of the Voter 
15 
(1) The first two digits 75 stand for the province; and 
16 
(2) The last two digits, 01, stand for the city, municipality, or a district, 
17 
particularly in Manila. 
18 
The code assignment for provinces, cities and municipalities shall follow the Urban 
19 
Code devised by the Philippine Statistics Authority (PSA). 
20 
(b) Part II: Current Precinct Assignment of the Voter 
21 
(1) The first four digits, 0019, stand for the permanent number of the 
22 
precinct where the voter is currently assigned; and 
23 
(2) The letter indicates whether it is a mother or a daughter precinct. 
24 
The number assigned to the precinct in every city or municipality shall be permanent 
25 
but the voter may transfer his precinct number. The VIN reflects the current precinct 
26 
assignment of the voter. 
27 
(c) Part III: Permanent Birth and Name Code Unique to the Voter 
28 
(1) The letter, C, stands for the month, i.e., A for January, B for February, 
29 
and so forth; 
30 
(2) The next two digits, 14, stand for the date of birth; 
31 
(3) The next two digits, 51, stand for the year of birth; and 
32 
(4) The last three letters, BCD, stand for the name code, i.e., Bayani Cruz 
33 
Davide. 
34 
The last three letters shall stand for the first letter of the first name, the middle name, 
35 
and the last name in that order. 
36 


29 
 
The Commission shall ensure that Part III hereof of the voter’s identification number 
1 
(VIN) shall be permanent and unique to each voter. If necessary, the Commission may 
2 
expand and modify the same. 
3 
Within three (3) years from the passage of this measure, the COMELEC will develop 
4 
and implement a system of voter registration and identification utilizing the National 
5 
Identification of every Filipino Citizen as the primary reference for voter identification. 
6 
(d) The combined birth and name code is assigned during the lifetime of every 
7 
voter. Upon transfer of the voter to another precinct, the first two parts of the 
8 
VIN shall change  
9 
SEC. 43.Voter's identification. - If the voter's identity is challenged on election 
10 
day or if the electoral board cannot establish with certainty the voter’s identity based 
11 
on the its records, such voter may present the identification card issued pursuant to 
12 
Republic Act 11055 as proof of his or her identity: Provided, however, That if the voter 
13 
cannot present such identification card, his or her identity may be established by the 
14 
acknowledgment receipt issued pursuant to Section 39 hereof or by any valid 
15 
identification document issued by the government except barangay certificate or 
16 
community tax certificate: Provided further, That in the absence of the above-
17 
mentioned proofs of identity, any member of the electoral board or any registered 
18 
voter of the precinct or clustered precinct may identify under oath the voter, and such 
19 
fact shall be reflected in the minutes of the electoral board.  
20 
SEC. 44.Provincial File. - There shall be a provincial file consisting of the 
21 
scanned copies of all registration records in each precinct of every city and municipality 
22 
in the province. It shall be in the custody of the Provincial Election Supervisor and 
23 
shall be compiled and arranged by precinct, by municipality and alphabetically by 
24 
surnames of voters. 
25 
Should the book of voters in the custody of the Election Officer be lost or 
26 
destroyed at a time so close to election day that there is no time to reconstitute the 
27 
same, the corresponding book of voters in the provincial file shall be used during the 
28 
voting.  
29 
SEC. 45.National Central File and the Permanent List of Voters. - There shall 
30 
be a national central file under the custody of the Commission in Manila consisting of 
31 
the scanned copies of all approved voter registration records in each city or 
32 
municipality. It shall be compiled by precinct in each city/municipality and arranged 
33 
alphabetically by date of board hearing. A permanent and computerized list arranged 
34 
by precinct, city or municipality, province and region shall be prepared by the 
35 
Commission. Thereafter, another list shall be prepared by the Commission following 
36 
the alphabetical arrangements of surnames of voters. 
37 
A complete file of all registered voters shall be submitted by the Election 
38 
Officers of each city and municipality to the Commission in Manila which shall keep 
39 


30 
 
copies of these files in its computerized database and printed records and exercise 
1 
custodial responsibility over them.  
2 
The computerized voters’ list shall make use of a single and uniform computer 
3 
program that will have a detailed sorting capability to list voters alphabetically by the 
4 
precincts where they vote, by the barangays, municipalities, cities or provinces where 
5 
they reside and by their voters identification number (VIN).  
6 
The computer print-outs of the list of voters duly certified by the Board are 
7 
official documents and shall be used for voting and other election related purposes as 
8 
well as for legitimate research needs.  
9 
The total number of voters in the permanent list shall be the basis for the 
10 
printing of the official ballots by the Commission.  
11 
SEC. 46.Deactivation of Registration. - The Election Registration Board shall 
12 
deactivate the registration and remove the registration records of the following 
13 
persons from the corresponding precinct book of voters and place the same, properly 
14 
marked and dated in indelible ink, in the inactive file after entering the cause or causes 
15 
of deactivation: 
16 
(a) Any person who has been sentenced by final judgment to suffer imprisonment 
17 
for not less than one (1) year, such disability not having been removed by 
18 
plenary pardon or amnesty: Provided, however, That any person disqualified 
19 
to vote under this paragraph shall automatically reacquire the right to vote 
20 
upon expiration of five (5) years after service of sentence as certified by the 
21 
clerks of courts of the Municipal/Municipal Circuit/Metropolitan/Regional Trial 
22 
Courts and the Sandiganbayan; 
23 
(b) Any person who has been adjudged by final judgment by a competent court or 
24 
tribunal of having caused/committed any crime involving disloyalty to the duly 
25 
constituted government such as rebellion, sedition, violation of the anti-
26 
subversion and firearms laws, or any crime against national security, unless 
27 
restored to his full civil and political rights in accordance with law; Provided, 
28 
That he shall regain his right to vote automatically upon expiration of five (5) 
29 
years after service of sentence; 
30 
(c) Any person declared by competent authority to be insane or incompetent unless 
31 
such disqualification has been subsequently removed by a declaration of a 
32 
proper authority that such person is no longer insane or incompetent; 
33 
(d) Any person who did not vote in the two (2) successive preceding regular 
34 
elections as shown by their voting records. For this purpose, regular elections 
35 
do not include the Sangguniang Kabataan elections; 
36 
(e) Any person whose registration has been ordered excluded by the Court; and 
37 
(f) Any person who has lost his Filipino citizenship. 
38 


31 
 
(g) Any person who has been disqualified by final judgment from exercising his or 
1 
her right to vote unless restored to his full civil and political rights in accordance 
2 
with law. 
3 
For this purpose, the clerks of court for the First Level Courts/Regional Trial 
4 
Courts and the Sandiganbayan shall furnish the Election Officer of the city or 
5 
municipality concerned at the end of every semester a certified list of persons who 
6 
are disqualified under paragraph (a) hereof, with their addresses. The Commission 
7 
may request a certified list of persons who have lost their Filipino Citizenship or 
8 
declared as insane or incompetent with their addresses from other government 
9 
agencies. 
10 
The Election Officer shall post in the bulletin board of his office a certified list 
11 
of those persons whose registration were deactivated and the reasons therefor, and 
12 
furnish copies thereof to the local heads of political parties, the national central file, 
13 
provincial file, and the voter concerned.  
14 
SEC. 47.Reactivation of Registration. - Any voter whose registration has been 
15 
deactivated pursuant to the preceding Section may file with the Election Officer a 
16 
sworn application for reactivation of his registration in the form of an affidavit stating 
17 
that the grounds for the deactivation no longer exist any time but not later than one 
18 
hundred twenty (120) days before a regular election and ninety (90) days before a 
19 
special election: Provided, That in case the biometric data of such registered voter is 
20 
already on file with the Commission, the application for reactivation may be submitted 
21 
through electronic mail or similar means.  
22 
The Election Officer shall submit said application to the Election Registration 
23 
Board for appropriate action. 
24 
In case the application is approved, the Election Officer shall retrieve the 
25 
registration record from the inactive file and include the same in the corresponding 
26 
precinct book of voters. Local heads or representatives of political parties shall be 
27 
properly notified on approved applications.  
28 
SEC. 48.Cancellation of Registration. - The Election Registration Board shall 
29 
cancel the registration records of those who have died as certified by the Philippine 
30 
Statistics Authority (PSA) on a quarterly basis. The processing fees of the quarterly 
31 
certified list of persons who died as requested by the Commission to PSA shall be 
32 
waived. The PSA shall submit each month a certified list of persons who died during 
33 
the previous month to the Election Officer of the place where the deceased are 
34 
registered. In the absence of information concerning the place where the deceased is 
35 
registered, the list shall be sent to the Election Officer of the city or municipality of 
36 
the deceased’s residence as appearing in the death certificate. In any case, the PSA 
37 
shall furnish a copy of this list to the national central file and the proper provincial file. 
38 


32 
 
The PSA shall ensure that its data privacy notice sufficiently informs affected 
1 
parties that their personal information is to be processed and shared with the 
2 
Commission to enable the latter to fulfill its constitutional mandate to initiate voter 
3 
inclusion and exclusion proceedings and to establish a clean, complete, permanent, 
4 
and updated list of voters under this Act, and as allowed by Section 12 (E) of Republic 
5 
Act No. 10173, otherwise known as the Data Privacy Act of 2012.  
6 
The Election Officer shall post in the bulletin board of his office a list of those 
7 
persons who died and whose registrations were cancelled, and furnish copies thereof 
8 
to the local heads of the political parties, the national central file, and the provincial 
9 
file.  
10 
SEC. 49.Preparation and Posting of the Certified List of Voters. - The Election 
11 
Registration Board shall prepare and post certified list of voters no later than ninety 
12 
(90) days before a regular election and sixty (60) days before a special election and 
13 
furnish copies thereof to the provincial, regional and national central files. Copies of 
14 
the certified list, along with a certified list of deactivated voters categorized by precinct 
15 
per barangay, within the same period shall likewise be posted in the office of the 
16 
Election Officer and in the bulletin board of each city/municipal hall. Upon payment of 
17 
the fees as fixed by the Commission, the candidates and heads of registered political 
18 
parties shall also be furnished copies thereof. 
19 
The Election Registration Board shall also furnish two (2) certified copies for 
20 
said certified list of voters, along with a certified list of deactivated voters to the 
21 
Electoral Board for posting in the polling place and for their reference on election day.  
22 
SEC. 50.Sealing of Precinct Book of Voters. - The Election Registration Board 
23 
shall notify, within fifteen (15) days before the start of the campaign period for local 
24 
candidates, all registered political parties having a headquarters within its jurisdiction 
25 
and members of the Electoral Boards to inspect and verify the completeness of the 
26 
voter’s registration records for each precinct compiled in the book of voters.  
27 
In case of Barangay and Sangguniang Kabataan elections, the Election 
28 
Registration Board shall notify within fifteen (15) days before the start of the campaign 
29 
period the members of the Barangay Electoral Boards and the barangay secretaries to 
30 
inspect and verify the completeness of the voter’s registration records for each 
31 
precinct compiled in the book of voters: Provided, That the candidates may, to the 
32 
extent feasible, observe the verification and inspection process. 
33 
After verification and certification by the Electoral Boards and party 
34 
representatives or, in the case of barangay and Sangguniang Kabataan Elections, by 
35 
the Barangay Electoral Boards and the barangay secretaries, the Election Registration 
36 
Board shall seal the book of voters in the presence of the former at the start of the 
37 
campaign period and take custody of the same until their distribution to the Electoral 
38 
Board on election day. The Election Officer shall deliver the sealed precinct book of 
39 


33 
 
voters to the chairman of the Electoral Board when the latter secures its official ballots 
1 
and other paraphernalia for election day.  
2 
SEC. 51.Jurisdiction in Inclusion and Exclusion Case. – The Municipal and 
3 
Metropolitan Trial Courts shall have original and exclusive jurisdiction over all cases of 
4 
inclusion and exclusion of voters in their respective cities or municipalities: Provided, 
5 
That when the Commission is the petitioner of a case on exclusion of voters, filing and 
6 
other court fees shall be waived. Decisions of the Municipal or Metropolitan Trial Courts 
7 
may be appealed by the aggrieved party to the Regional Trial Court within five (5) 
8 
days from receipt of notice thereof. Otherwise, said decision shall become final and 
9 
executory. The Regional Trial Court concerned shall decide the appeal within ten (10) 
10 
days from the time it is received and the decision shall immediately become final and 
11 
executory. No motion for reconsideration or appeal shall be entertained.  
12 
SEC. 52.Petition for Inclusion of Voters in the List. - Any person whose 
13 
application for registration has been disapproved by the Election Registration Board 
14 
or whose name has been stricken out from the list may file with the court a petition 
15 
to include his or her name in the permanent list of voters in his precinct at any time 
16 
except one hundred five (105) days prior to a regular election or seventy-five (75) 
17 
days prior to a special election. It shall be supported by a certificate of disapproval of 
18 
his application and proof of service of notice of his petition upon the Election 
19 
Registration Board. The petition shall be decided within ten (10) days after its filing. 
20 
If the decision is for the inclusion of voters in the permanent list of voters, the 
21 
Election Registration Board shall place the application for registration previously 
22 
disapproved in the corresponding book of voters and indicate in the application for 
23 
registration the date of the order of inclusion and the court which issued the same.  
24 
SEC. 53.Voters Excluded through Inadvertence or Registered with an 
25 
Erroneous or Misspelled Name. - Any registered voter whose registration record has 
26 
not been included in the precinct book of voters, or whose name has been omitted in 
27 
the list of voters or who has been included therein with a wrong or misspelled name 
28 
may file with the Election Registration Board an application for inclusion of his or her 
29 
record, or reinstatement or correction of his name as the case may be. If it is denied 
30 
or not acted upon within fifteen (15) days from filling, the voter may file on any date 
31 
with the proper First Level Court a petition for an order directing that the voter’s name 
32 
be entered or corrected in the list. The voters shall attach to the petition a certified 
33 
true copy of his or her registration record or the acknowledgment receipt issued 
34 
pursuant to Section 40 hereof or the entry of his or her name in the list of voters used 
35 
in the preceding election, together with proof that his or her application was denied 
36 
or not acted upon by the Board and that he or she has served notice thereof to the 
37 
Board.  
38 
SEC. 54.Change of name of registered voter. - Any previously registered voter 
39 
whose name has been changed by reason of marriage or by virtue of a court order or 
40 


34 
 
by order of the Civil Registrar or Consul General may file an application for change of 
1 
name by personally accomplishing three (3) copies of the prescribed application form 
2 
and filing the same with the election registration board through the election officer. 
3 
In support of the application, the applicant shall submit the original/certified true copy 
4 
of any the following: 
5 
(a) Certification by the solemnizing officer; 
6 
(b) Marriage contract or court order with certificate of finality; 
7 
(c) Order by the Civil Registrar or Consul General, as the case may be. 
8 
A female registered voter whose marriage has been annulled or declared void 
9 
by competent court may request that her voter registration records shall reflect her 
10 
maiden name and that the signature she affixed therein be changed. In such a case, 
11 
the applicant shall attach a certified true copy of the court's final order or decision, 
12 
annulling the marriage or declaring the marriage a nullity.  
13 
SEC. 55.Petition for exclusion of voters from the list. - Any registered voter, 
14 
representative of a duly registered political or sectoral party or organization or the 
15 
Election Officer, may file with the court a sworn petition for the exclusion of a voter 
16 
from the permanent list of voters giving the name, address and the precinct of the 
17 
challenged voter at any time except one hundred (100) days prior to a regular election 
18 
or sixty-five (65) days before a special election. The petition shall be accompanied by 
19 
proof of notice to the Election Registration Board and to the challenged voter and shall 
20 
be decided within ten (10) days from its filing. 
21 
If the decision is for the exclusion of the voter from the list, the Election 
22 
Registration Board shall, upon receipt of the final decision, remove the voter’s 
23 
registration record from the corresponding book of voters, enter the order of exclusion 
24 
therein, and thereafter place the record in the inactive file. 
25 
SEC. 56.Common Rules Governing Judicial, Proceedings in the Matter of 
26 
Inclusion, Exclusion, and Correction of Names of Voters. -  
27 
(a) Petition for inclusion, exclusion or correction of names of voters shall be filed 
28 
during office hours; 
29 
(b) A copy of the petition shall be served upon the members of the Board and the 
30 
challenged voter prior to the filing of the petition. Service of such petition may 
31 
be made by sending a copy thereof by personal delivery, by leaving it in the 
32 
possession of a person of sufficient discretion residing in the residence stated 
33 
by the challenged voter in his or her application for registration, or by registered 
34 
mail. Should the foregoing procedures not be practicable, the petition may be 
35 
sent through a private courier: Provided, That the petition cannot be filed in 
36 
court until after forty-eight (48) hours have elapsed since the time the petition 
37 
was sent through private courier. 
38 


35 
 
(c) A petition shall refer only to one (1) precinct and implead the Election 
1 
Registration Board as respondents; 
2 
(d) No costs shall be assessed against any party in these proceedings. However, if 
3 
the court should find that the application has been filed solely to harass the 
4 
adverse party and cause him to incur expenses, it shall order the culpable party 
5 
to pay the costs and incidental expenses; 
6 
(e) Any registered voter, candidate or registered political party, sectoral party, or 
7 
sectoral organization that may be affected by the proceedings may intervene 
8 
and present his evidence; 
9 
(f) The decision shall be based on the evidence presented and in no case rendered 
10 
upon a stipulation of facts. If the question is whether or not the voter is real or 
11 
fictitious, his or her non-appearance on the day set for hearing shall be prima 
12 
facie evidence that the challenged voter is fictitious; and 
13 
(g) The petition shall be heard and decided within ten (10) days from the date of 
14 
its filing. Cases appealed to the Regional Trial Court shall be decided within ten 
15 
(10) days from receipt of the appeal. Decisions of the Regional Trial Court are 
16 
final and immediately executory. In all cases, the court shall decide these 
17 
petitions not later than fifteen (15) days before the election.  
18 
SEC. 57.Canvass to check registration. - The election registrar shall, once every 
19 
two years or more often should the Commission deem it necessary in order to preserve 
20 
the integrity of the permanent lists of voters, conduct verification by mail or house-
21 
to-house canvass, or both, of the registered voters of any barangay for purposes of 
22 
exclusion proceedings.  
23 
SEC. 58. Annulment at Book of Voters. - The Commission shall, upon verified 
24 
petition of any voter or election officer or duly registered political party, sectoral party, 
25 
or sectoral organization, and after notice and hearing, annul any book of voters that 
26 
is not prepared in accordance with the provisions of this Code or was prepared through 
27 
fraud, bribery, forgery, impersonation, intimidation, force or any similar irregularity, 
28 
or which contains data that are statistically improbable and upon a showing that any 
29 
other remedy provided for under this Article is insufficient to correct such book of 
30 
voters. No order, ruling or decision annulling a book of voters shall be executed within 
31 
ninety (90) days before an election.  
32 
SEC. 59.Reconstitution of Lost or Destroyed Registration Records. - The 
33 
Commission shall reconstitute all registration records which have been lost or 
34 
destroyed by using the corresponding copies of the provincial or national central files. 
35 
In case of conflict, the Commission shall determine which file shall be used for 
36 
reconstitution purposes. If this is not feasible, the Commission shall conduct a general 
37 
registration of voters in the affected area: Provided, That there is a scheduled election 
38 
before the next scheduled general registration of voters in accordance with the 
39 


36 
 
Omnibus Election Code. All such voters shall retain their voter’s identification number. 
1 
Reconstituted forms shall be clearly marked with the word "reconstituted." 
2 
It shall be the duty of the Election Officer to immediately report to the 
3 
Commission any case of loss or destruction of registration record in his custody. 
4 
The reconstitution of any lost or destroyed registration records shall not affect 
5 
the criminal liability of any person who is responsible for such loss or destruction.  
6 
SEC. 
60.Examination 
of 
Registration 
Records. 
- 
All 
registration 
7 
records/computerized voters list in the possession of the Election officer, the Provincial 
8 
Election Supervisor, and the Commission shall, during regular office hours, be open to 
9 
examination by the public for legitimate inquiries on election related matters, free from 
10 
any charge or access fee: Provided, That sensitive personal information as defined in 
11 
Republic Act 10173, including biometrics data, shall not be disclosed except upon 
12 
order of the Court.  
13 
SEC. 61.Right to Information. - The duly authorized representative of a 
14 
registered political party or of a bona fide candidate shall have the right to inspect 
15 
and/or copy at their expense the accountable registration forms and/or the list of 
16 
registered voters in the precincts constituting the constituency of the bonafide 
17 
candidate or at which the political party is fielding candidates. The inspection and 
18 
copying shall be conducted during business hours of the Commission and shall be 
19 
subject to reasonable regulations.  
20 
Article 5 
21 
Registration of Political Parties, Sectoral Parties, 
22 
Sectoral Organizations, and Coalitions 
23 
SEC. 62.Registration of political parties, organizations, and coalitions not 
24 
participating in the party-list elections. - Any political party, organization, or coalition 
25 
of political parties, which does not intend to participate in the next proceeding party-
26 
list elections, may register with the Commission by filing a petition duly verified by its 
27 
President and Secretary -General, or any official duly authorized to do so under its 
28 
Constitution and By-laws. The petition for registration shall state the following: 
29 
(a) Full name of the political party, organization or coalition of political parties;  
30 
(b) The principal headquarters and post office address for election purposes, 
31 
including its branches and divisions, if any;  
32 
(c) The date and place of its organization;  
33 
(d) The date and manner of election or selection of its officers;  
34 
(e) The names and addresses of its organizers and officers, Executive Committee 
35 
members, Directorate, or Party Convention delegates, if any;  
36 
(f) The extent of its constituency;  
37 


37 
 
(g) Its program of government;  
1 
(h) That it is not a religious sect or denomination;  
2 
(i) That it shall not pursue its goals through violence or other unlawful means;  
3 
(j) That it shall uphold and adhere to the Constitution and shall obey all laws 
4 
and legal orders promulgated by duly constituted authorities;  
5 
(k) That it is not supported by, nor does it accept financial contribution from any 
6 
foreign government or their agencies;  
7 
(l) That it shall not participate in the next proceeding party-list elections; and 
8 
(m) Other information that may be material and relevant to the petition.  
9 
The petitioner shall attach to the petition for registration its constitution and 
10 
by-laws, party platform, organizational papers, declarations of political creed or code 
11 
of political ethics and such other documents of similar or equivalent character in such 
12 
number of copies as may be prescribed by the Commission.   
13 
The Commission shall promulgate such rules as are necessary to ensure that 
14 
the status and capacity of the petitioner and the veracity of the allegations in the 
15 
petition and its attachments are verified and that the petition is published in two 
16 
newspapers of general circulation. After due notice and hearing, if the petitioner has 
17 
proven that it has faithfully complied with the requirements for registration under this 
18 
Code, the Commission shall issue a certificate of registration, which shall be displayed 
19 
in the main office and in all chapters of the petitioner. In no case shall any petition for 
20 
registration be resolved by the Commission later than thirty (30) days from the date 
21 
the same has been submitted for resolution. 
22 
After approval of registration, the political party, organization, or coalition in 
23 
question shall acquire juridical personality and shall be entitled to the rights and 
24 
privileges herein granted. 
25 
SEC. 63.Registration of parties, organizations, and coalitions participating in 
26 
the party-list system. - For the purpose of participating in the party-list system, any 
27 
organized group of persons may register either as a 1) national political party; 2) 
28 
regional political party; 3) coalition of political parties; 4) sectoral party or 5) sectoral 
29 
organization by filing with the Commission not later than one (1) year before the 
30 
election a petition verified by its president or secretary stating its desire to participate 
31 
in the party-list system as such party, organization, or coalition.  
32 
The petition for registration shall contain the following: a) name and acronym 
33 
of the petitioner, with the acronym not exceeding twenty characters; b) nature of the 
34 
organization; c) sector or sectors which it seeks to represent, if applicable; d) the 
35 
name and address of its president/chairman, or, in his or her absence, the Secretary-
36 
General who will represent the party in the petition; e) petitioner’s principal 
37 
headquarters and postal office address; f) names, positions, and addresses of its 
38 


38 
 
elected officers; g) petitioner’s intention or desire to participate in the party-list 
1 
election; h) names and addresses of its chapter offices; i) that all of its officers and 
2 
members are made aware of the petition and have given their consent thereto; j) the 
3 
list of documents attached to the petition; k) names, addresses, and representatives 
4 
of sectoral parties or organizations affiliated with the petitioner, which affiliates need 
5 
not be registered with the Commission, but have given their consent thereto; l) that 
6 
it is not a religious sect or denomination, organization or association organized for 
7 
religious purpose; m) that it renounces violence or unlawful means to achieve its 
8 
goals; n) that it is not an adjunct or a project organized  or an entity funded or assisted 
9 
by the government; o) that it is not a foreign party or organization; p) that it does not 
10 
receive support for partisan political purposes from any foreign government, foreign 
11 
political party, foundation, organization, whether directly or indirectly, or through its 
12 
officers or members, or indirectly through third parties; q) the period of existence of 
13 
petitioner which shall at least be one (1) year at the time the petition is filed; r) that 
14 
it commits to comply with the laws, rules, and regulations relating to elections ; and 
15 
s) it shall not field candidates in legislative district elections. 
16 
The petition must be supported by the following documents: a) Constitution 
17 
and by-laws as an organization seeking registration under the party-list system of 
18 
representation; b) platform or program of government; c) list of all its officers and 
19 
members; in case of sectoral parties or sectoral organizations, the list of officers and 
20 
members must show that the majority of its members and officers belong to the 
21 
marginalized and underrepresented sector or sectors it seeks to represent; d) 
22 
Manifestation of intent to participate in the next immediately succeeding national and 
23 
local elections and list of at least five (5) nominees; e) in case of sectoral parties or 
24 
sectoral organizations, track record summary showing that all of its nominees 
25 
represent and seek to uplift the marginalized and underrepresented sector or sectors 
26 
which the party or organization seeks to represent; f) likewise, in case of sectoral 
27 
parties or organizations, proof that all of its nominees belong to the marginalized and 
28 
underrepresented sector which they seek to represent; g) coalition agreement, if any; 
29 
h) in case of national or regional political parties, sworn proofs of existence in the 
30 
areas where the organization is claiming representation; and i) such other documents 
31 
required by the Commission.  
32 
A political party, organization, or coalition, as well as the sectoral wing of a 
33 
political party, organization, or coalition, which has been registered in accordance with 
34 
the preceding section and which intends to participate in the party-list elections, shall 
35 
register anew under this section and shall fully comply with the provisions hereof; 
36 
Provided, however, That the denial of the petition under this section shall not affect 
37 
the registration already granted under the preceding section. 
38 
The Commission shall promulgate such rules as are necessary to ensure that 
39 
the status and capacity of the petitioner and the veracity of the allegations in the 
40 


39 
 
petition and its attachments are verified and that the petition is published in two 
1 
newspapers of general circulation. The Commission shall, after due notice and hearing, 
2 
resolve the petition within thirty (30) days from the date it was submitted for decision 
3 
but in no case not later than sixty (60) days before election.  
4 
SEC. 64.Refusal and/or Cancellation of Registration. - The Commission may, 
5 
motu proprio or upon verified complaint of any interested party, refuse or cancel, after 
6 
due notice and hearing, the registration of any national political party, regional political 
7 
party, coalition of political parties, sectoral party, or sectoral organization, regardless 
8 
whether such party, organization, or coalition shall participate or has participated in 
9 
any party-list election, on any of the following grounds: 
10 
(a) It is a religious sect or denomination, organization or association, organized for 
11 
religious purposes; 
12 
(b) It advocates violence or unlawful means to seek its goal; 
13 
(c) It is a foreign party or organization; 
14 
(d) It is receiving support, financial or otherwise, from any foreign government, 
15 
foreign political party, foundation, organization, whether directly or through 
16 
any of its officers or members or indirectly through third parties for partisan 
17 
election purposes; 
18 
(e) It fails, at least on two occasions, to file the required statement of contributions 
19 
and expenditures within the prescribed period as required by this Code. 
20 
(f) It violates or fails to comply with laws, rules or regulations relating to elections, 
21 
plebiscites, referenda, or initiative; 
22 
(g) It declares untruthful statements in its petition; 
23 
(h) It has ceased to exist for at least one (1) year;  
24 
In case of parties, organizations, or coalitions which have registered under the 
25 
preceding section of this article, the following shall likewise be grounds for denial or 
26 
cancellation of Registration: 
27 
(a) Material misrepresentation of the qualifications of its nominees;  
28 
(b) A finding by final judgment that it directly or indirectly participated in acts 
29 
detrimental to the best interest of the government, to overthrow the 
30 
government, or diminish its powers, or to be associated by any means to rebels 
31 
or those designated and/or proscribed terrorist persons under R.A. No. 11479 
32 
or the “Anti-Terrorism Act of 2020.  
33 
(c) Failure to participate in the last two (2) preceding party-list elections; or 
34 
(d) Failure in the last two (2) preceding party-list elections to obtain at least two 
35 
per centum (2%) of the votes cast for political parties and coalitions under the 
36 


40 
 
party-list system, or at least two per centum (2%) of the votes cast for sectoral 
1 
parties, organizations, and coalitions, as the case may be.  
2 
In case of parties, organizations, or coalitions registered under Section 51 
3 
hereof, their failure to field official candidates in the last two proceeding elections or 
4 
the failure of their candidates in the last two preceding elections to obtain an 
5 
aggregate of at least five per centum (5%) of the votes cast in the constituencies 
6 
where they seek to be represented shall be an additional ground for cancellation of 
7 
the registration of such parties, organizations, or coalitions.   
8 
SEC. 65.Dominant Majority Party, Dominant Minority Party, Major National 
9 
Parties and Major Local Parties. - Not later than forty-five (45) days before the 
10 
scheduled election, a political party duly registered with the Commission may file a 
11 
verified petition for accreditation as the Dominant Majority Party, the Dominant 
12 
Minority Party, one of the Ten (10) Major National Parties, or one of the Two (2) Major 
13 
Local Parties.  In determining the Dominant Majority Party, the Dominant Minority 
14 
Party, the Ten (10) Major National Parties and the Two (2) Major Local Parties the 
15 
following shall be the criteria: 
16 
(a) The established record of the said parties, coalition of groups that now compose 
17 
them, taking into account among other things, their showing in past elections; 
18 
(b) The number of incumbent elective officials belonging to them on the last day 
19 
of the filing of the Certificate of Candidacy (COC); 
20 
(c) Their identifiable political organizations and strengths as evidenced by their 
21 
organized chapters; 
22 
(d) The ability to fill a complete slate of candidates from the municipal level to the 
23 
position of President; 
24 
(e) The number of women candidates fielded by political parties from the municipal 
25 
level to the position of President; and 
26 
(f) Other analogous circumstances that may determine their relative organizations 
27 
and strengths.  
28 
The accreditation of the Dominant Majority Party, the Dominant Minority Party 
29 
and the Ten (10) Major Political Parties shall be established through weighted average 
30 
points for each of the above criteria. The Commission shall determine the appropriate 
31 
points to be accorded to each of the above criteria, ensuring that the interest of the 
32 
candidates and the parties they represent are protected. 
33 
 
34 
Article 6 
35 
The Party-list System 
36 
SEC. 66.Classification of groups under the party-list system. - The party-list 
37 
system shall be divided into two classifications: (a) political parties or coalition of 
38 


41 
 
political parties, and (b) sectoral parties or organizations. Fifty percent (50%) of the 
1 
seats allocated for the party-list shall be reserved for political parties and coalitions of 
2 
political parties and the other fifty percent (50%) shall be reserved for sectoral parties 
3 
or organizations: Provided, That in case of an odd number in the total number of seats 
4 
to be allocated, the same shall be allocated to the party-list group next in rank in 
5 
terms of total number of votes regardless of classification. In the event of a tie priority 
6 
should be given to the most number of participating party-list group on its first 
7 
occurrence.   
8 
Sectoral parties, sectoral organizations, and coalitions of sectoral parties shall 
9 
exclusively represent the marginalized and underrepresented sectors as defined in 
10 
Section 5 of this Code. 
11 
SEC. 67.Manifestation to Participate in the Party-List System. – Any party, 
12 
organization, or coalition which has a valid and subsisting registration with the 
13 
Commission under Section 63 hereof need not register anew. However, such party, 
14 
organization or coalition shall file with the Commission, not later than one (1) year 
15 
before the election, a manifestation of its desire to participate in the party-list system.  
16 
SEC. 68.Certified List of Registered Parties. -The COMELEC shall, not later than 
17 
sixty (60) days before election, prepare a certified list of national or regional political 
18 
parties and coalition of political parties and a certified list of sectoral parties, 
19 
organizations, or coalition of sectoral parties which have applied or who have 
20 
manifested their desire to participate under the party-list system and distribute copies 
21 
thereof to all precincts for posting in the polling places on election day. The names of 
22 
the party-list nominees shall not be shown on the certified list.  
23 
SEC. 69.Nomination of Party-List Representatives. Each registered party, 
24 
organization or coalition shall submit to the Commission, not later than the date set 
25 
for the filing of its manifestation of intent to participate in the party-list election, a list 
26 
of names of not less than five (5) nominees from which party-list representatives shall 
27 
be chosen in case it obtains the required number of votes, together with the 
28 
certificates of nomination and acceptance of all the nominees in such list. 
29 
A person may be nominated in one (1) list only. Only persons who have given 
30 
their consent in writing may be named in the list. The list shall not include any 
31 
candidate for any elective office or a person who has lost his bid for an elective office 
32 
in the immediately preceding election. No change of names or alteration of the order 
33 
of nominees shall be allowed after the same shall have been submitted to the 
34 
Commission except in cases where the nominee dies or becomes physically 
35 
incapacitated in which case the name of the substitute nominee shall be placed last in 
36 
the list.   
37 
SEC. 70. Substitution of Party-List Nominees. - Substitution shall be allowed 
38 
for any nominee who dies, becomes physically incapacitated, or has been disqualified. 
39 


42 
 
The party, organization, or coalition concerned shall file with the Commission the 
1 
certificate of nomination and acceptance of the substitute nominee, the amended list 
2 
of nominees, and proof of publication of the amended list of nominees. The substitute 
3 
nominee shall be placed last in the list. Sectoral parties or organizations must submit 
4 
to the Commission a track record summary showing that the substitute nominee 
5 
represents and seeks to uplift the marginalized and underrepresented sector or sectors 
6 
the party or organization seeks to represent and proof that such nominee belongs to 
7 
such sector. 
8 
No substitution shall be allowed for nominees who withdraw their acceptance 
9 
to the nomination. In the event the list of nominees of a party-list group is exhausted 
10 
because of the withdrawal of all of its nominees, such party, organization, or coalition 
11 
shall be deemed to have withdrawn its manifestation of intent to participate in the 
12 
elections. Any vote garnered by such party, organization or coalition shall be 
13 
considered stray and shall not be counted. 
14 
SEC. 71.Qualifications of Party-List Nominees. - No person shall be nominated 
15 
as party-list representative unless he or she is a natural-born citizen of the Philippines, 
16 
a registered voter, a resident of the Philippines for a period of not less than one (1)year 
17 
immediately preceding the day of the election, able to read and write, a bona fide 
18 
member of the party or organization which he or she seeks to represent for at least 
19 
one year preceding the day of the election, and is at least twenty-five (25) years of 
20 
age on the day of the election: Provided, That the nominees of a sectoral party or 
21 
organization or coalition of sectoral parties or organizations could demonstrate or has 
22 
proven track record of advocating for the interest of the underrepresented or 
23 
marginalized sector he/she represents for at least five years. 
24 
In case of a nominee of the youth sector, he or she must be at least twenty-
25 
five (25) but not more than forty (40) years of age on the day of the election. Any 
26 
youth sectoral representative who attains the age of forty (40) during his term shall 
27 
be allowed to continue in office until the expiration of his or her term.  
28 
SEC. 72.Cancellation or Denial of Due Course to the Certificate of Nomination 
29 
of Party-list Nominees. - Any person may, within ten (10) days after the publication of 
30 
the list of nominees, file with the Commission a verified petition seeking to deny due 
31 
course to or to cancel the nomination of nominees of party-list groups on the ground 
32 
that a material misrepresentation has been committed in the qualifications of a 
33 
nominee.  
34 
The deliberate failure by the nominee to disclose that he or she has been 
35 
declared by competent authority as insane or incompetent, or that he or she has been 
36 
sentenced by final judgment for subversion, insurrection, rebellion or for any offense 
37 
for which he or she has been sentenced to a penalty of more than eighteen months 
38 
or for a crime involving moral turpitude, shall constitute material misrepresentation 
39 
unless there is a declaration by competent authority that said  insanity or 
40 


43 
 
incompetence had been removed, or, in case of conviction for the offenses herein 
1 
mentioned, such nominee has been given plenary pardon or granted amnesty or at 
2 
least five years have passed from his or her service of sentence.  
3 
SEC. 73.Disqualification of Nominees. - A verified petition seeking the 
4 
disqualification of a nominee of party-list organizations, parties, or coalitions may be 
5 
filed by any person any time before proclamation when the nominee has been declared 
6 
by final judgment of a competent court guilty of, or found by the Commission of 
7 
having: 
8 
(a) Given money or other material consideration to influence, induce or corrupt the 
9 
voters or public officials performing electoral functions; 
10 
(b) Committed acts of terrorism to enhance his candidacy; 
11 
(c) Spent in the campaign an amount in excess of that allowed by law; 
12 
(d) Committed any election offense related to election campaign and campaign 
13 
finance as set forth in this Code. 
14 
SEC. 74.Number of Party-List Representatives. - The party-list representatives 
15 
shall constitute twenty per centum (20%) of the total number of the members of the 
16 
House of Representatives including those under the party-list. 
17 
In determining the equal allocation of seats for the political parties or coalition of 
18 
political parties and the sectoral parties or organizations under the party-list system 
19 
pursuant to Section 63 hereof, the following procedure shall be observed: 
20 
(a) The parties, organizations, and coalitions shall be ranked from the highest to 
21 
the lowest based on the number of votes they garnered during the elections. 
22 
(b) The political parties, coalitions of political parties, sectoral parties, and sectoral 
23 
organizations receiving at least two percent (2%) of the total votes cast for the 
24 
entire party-list system , shall be entitled to one seat each: Provided, that those 
25 
garnering more than two percent (2%) of the votes shall, to the extent 
26 
practicable, be entitled to additional seats in proportion to their total number 
27 
of votes until all the additional seats are allocated;  Provided further, that in no 
28 
case shall any party, organization, or coalition be entitled to not more than 
29 
three (3) seats ; Provided finally, that the proportion of seats between the 
30 
nominees of political parties or coalitions  and sectoral parties or organizations, 
31 
as set forth in Section 63 hereof, be observed at all times. 
32 
SEC. 75.Procedure in Allocating Seats for Party-List Representatives. - The 
33 
Commission shall separately tally all the votes for the political parties or coalitions and 
34 
sectoral parties or organizations on a nationwide basis, rank them according to the 
35 
number of votes received, and allocate party-list representatives proportionately 
36 
according to the percentage of votes obtained by each party, organization, or coalition 
37 


44 
 
as against the total nationwide votes cast for the party-list system. In the allocation 
1 
of seats, the Commission should ensure that Section 63 of this Code is complied with. 
2 
SEC. 76.Term of Office and Vacancy. - Party-list representatives shall be 
3 
elected for a term of three (3) years which shall begin, unless otherwise provided by 
4 
law, at noon on the thirtieth day of June following their election. No party-list 
5 
representatives shall serve for more than three (3) consecutive terms. Voluntary 
6 
renunciation of the office for any length of time shall not be considered as an 
7 
interruption in the continuity his service for the full term for which he was elected.  
8 
In case of vacancy in the seats reserved for party-list representatives, the 
9 
vacancy shall be automatically filled by the next representative from the list of 
10 
nominees in the order submitted to the Commission by the same party, organization, 
11 
or coalition, who shall serve for the unexpired term. If the list is exhausted, the party, 
12 
organization coalition concerned shall submit additional nominees.  
13 
SEC. 77.Change of Affiliation; Effect. - Any elected party-list representative 
14 
who changes his or her political party or sectoral affiliation during his or her term of 
15 
office shall forfeit his or her seat: Provided, That if he or she changes his or her political 
16 
party or sectoral affiliation within one (1) year before an election, he or she shall not 
17 
be eligible for nomination as party-list representative under his or her new party or 
18 
organization.  
19 
SEC. 78.Rights of Party-List Representatives. - Party-List Representatives shall 
20 
be entitled to the same salaries and emoluments as regular members of the House of 
21 
Representatives.  
22 
 
23 
Article 7 
24 
Eligibility of Candidates and the Certificate of Candidacy 
25 
SEC. 79. Qualifications for President and Vice-President of the Philippines. - No 
26 
person may be elected President unless he is a natural-born citizen of the Philippines, 
27 
a registered voter, able to read and write, at least forty years of age on the day of 
28 
election, and a resident of the Philippines for at least ten years immediately preceding 
29 
such election.  
30 
SEC. 80.Qualifications for Senators. –  No person shall be a Senator unless he 
31 
is a natural-born citizen of the Philippines and, on the day of the election, is at least 
32 
thirty-five years of age, able to read and write, a registered voter, and a resident of 
33 
the Philippines for not less than two years immediately preceding the day of the 
34 
election.  
35 
SEC. 81.Qualifications for Members of the House of Representatives. - No 
36 
person shall be a Member of the House of Representatives unless he is a natural-born 
37 
citizen of the Philippines and, on the day of the election, is at least twenty-five years 
38 


45 
 
of age, able to read and write, and, except the party-list representatives, a registered 
1 
voter in the district in which he shall be elected, and a resident thereof for a period of 
2 
not less than one year immediately preceding the day of the election.  
3 
SEC. 82.Qualifications of elective local and barangay officials. - The 
4 
qualifications for elective provincial, city, municipal and barangay officials shall be 
5 
those provided for in the Local Government Code.  
6 
SEC. 83.Candidates holding appointive office or positions. - Any person holding 
7 
a public appointive office or position, including active members of the Armed Forces 
8 
of the Philippines, and officers and employees in government-owned or controlled 
9 
corporations, shall be considered ipso facto resigned from his or her office upon the 
10 
filing of his or her certificate of candidacy or certificate of acceptance and nomination. 
11 
SEC. 84.Disqualifications. - Any candidate or nominee of party-list who, in an 
12 
action or protest in which he is a party is declared by final decision of a competent 
13 
court guilty of, or found by the Commission of having (a) given money or other 
14 
material consideration to influence, induce or corrupt the voters or public officials 
15 
performing electoral functions; (b) committed acts of terrorism to enhance his 
16 
candidacy; (c) spent in his election campaign an amount in excess of that allowed by 
17 
this Code; or (d) committed any election offense related to election campaign and 
18 
campaign finance as set for in this Code shall be disqualified from continuing as a 
19 
candidate, or if he has been elected, from holding the office  
20 
The petition under this section must be verified and may be filed by any 
21 
registered voter or any duly registered party, organization, or coalition. Such petition 
22 
shall be filed any day after the last day for filing of certificates of candidacy, but not 
23 
later than the date of proclamation.  
24 
A petition to disqualify that invoke grounds for a petition to deny or cancel a 
25 
certificate of candidacy or petition to declare a candidate as a nuisance candidate, or 
26 
a combination thereof, shall be summarily dismissed.  
27 
SEC. 85.Effects of Disqualification. - Any candidate who has been declared by 
28 
final judgment to be disqualified shall not be voted for. If for any reason a candidate 
29 
is not declared by final judgment before an election to be disqualified and he is voted 
30 
for and receives the winning number of votes in such election, the Court or 
31 
Commission shall continue with the trial and hearing of the action, inquiry, or protest 
32 
and, upon motion of the complainant or any intervenor, may during the pendency 
33 
thereof order the suspension of the proclamation of such candidate whenever the 
34 
evidence of his guilt is strong.  
35 
If the candidate is disqualified by final judgment prior to the election, the votes 
36 
cast for him or her shall be considered stray. However, should the disqualification of 
37 
the candidate become final only after the election, the rules on succession of public 
38 


46 
 
officers as laid down in the Constitution, the Local Government Code, and other 
1 
applicable laws, shall apply. 
2 
The Commission shall give priority to cases of disqualification by reason of 
3 
violation of this Code.   
4 
SEC. 86. Nuisance candidates. - The Commission may, motu proprio or upon 
5 
a verified petition of any registered voter, after due notice and hearing, refuse to give 
6 
due course to or cancel a certificate of candidacy if it is shown that said certificate has 
7 
been filed to put the election process in mockery or disrepute; or to cause confusion 
8 
among the voters by the similarity of the names of the registered candidates; to obtain 
9 
money, profit, or any other consideration; or by other circumstances or acts which 
10 
clearly demonstrate that the candidate has no bona fide intention to run for the office 
11 
for which the certificate of candidacy has been filed and thus prevent a faithful 
12 
determination of the true will of the electorate.  
13 
Any candidate shall also be deemed as having no bona fide intention of running 
14 
for the office for which the certificate of candidacy has been filed if the candidate by 
15 
acts or statements has shown, expressly or impliedly, that said candidate is only a 
16 
placeholder for another candidate, A placeholder candidate is one who temporarily 
17 
stands-in or fills-in for the final or eventual candidate. 
18 
Candidates so declared by the Commission as nuisance shall not be substituted. 
19 
They shall also be disqualified from running in future elections, both local and national. 
20 
The petition to declare a candidate as a nuisance candidate, whether initiated 
21 
motu proprio by the Commission or otherwise, must be verified and the same shall be 
22 
filed within five (5) days from the last day of the filing of certificates of candidacy  
23 
SEC. 87.Certificate of candidacy. - No person shall be eligible for any elective 
24 
public office unless he files a sworn certificate of candidacy within the period fixed 
25 
herein.  
26 
A person who has filed a certificate of candidacy may, prior to the election, 
27 
withdraw the same by submitting to the office concerned a written declaration under 
28 
oath.  
29 
No person shall be eligible for more than one office to be filled in the same 
30 
election, and if he files his certificate of candidacy for more than one office, he shall 
31 
not be eligible for any of them.  
32 
However, before the expiration of the period for the filing of certificates of 
33 
candidacy, the person who filed more than one certificate of candidacy may declare 
34 
under oath the office for which he desires to be eligible and cancel the certificate of 
35 
candidacy for the other office or offices.  
36 
The filing or withdrawal of a certificate of candidacy shall not affect whatever 
37 
civil, criminal, or administrative liabilities which a candidate may have incurred.  
38 


47 
 
SEC. 88.Contents of certificate of candidacy. - The certificate of candidacy shall 
1 
state following: 
2 
(a) Office aspired for;  
3 
(b) Name of the aspirant; 
4 
(c) Age; 
5 
(d) Sex; 
6 
(e) Civil Status; 
7 
(f) Place and date of birth; 
8 
(g) Citizenship, whether natural-born or naturalized; 
9 
(h) The duly registered political party or coalition of political party to which he or 
10 
she belongs, if any; 
11 
(i) The name of the spouse, if married; 
12 
(j) Complete address for election purposes; 
13 
(k) Residence, giving the exact address and the number of years residing in: 
14 
(i) 
The Philippines and whenever applicable, 
15 
(ii) 
The place where the aspirant intends to be elected up to the day before 
16 
the election; 
17 
(l) The barangay, city, municipality and province where the aspirant is a registered 
18 
voter or will be a registered voter; 
19 
(m) Profession or occupation or employment; 
20 
(n) That the aspirant is eligible for said office; 
21 
(o) That the aspirant is not a permanent resident or an immigrant to a foreign 
22 
country; 
23 
(p) That the aspirant has executed a sworn renunciation of foreign citizenship, if 
24 
applicable; 
25 
(q) That the aspirant will file, with the Commission, within thirty (30) days after 
26 
the day of the election, a full, true and itemized Statement of Contributions and 
27 
Expenditures in connection with such election; 
28 
(r) That the aspirant will support and defend the Constitution of the Republic of 
29 
the Philippines and will maintain true faith and allegiance thereto; 
30 
(s) That the aspirant will obey the laws, legal orders, decrees, resolutions, rules 
31 
and regulations promulgated and issued by the duly constituted authorities; 
32 


48 
 
(t) That the aspirant will renounce any group or organization the goal of which is 
1 
to overthrow duly elected government, or any group or organization utilizing 
2 
arms, violence, and acts of terrorism as means of pursuing political goals; 
3 
(u) That the aspirant will not support any group or organization the goal of which 
4 
is to overthrow duly elected government, or any group or organization utilizing 
5 
arms, violence, and acts of terrorism as means of pursuing political goals; 
6 
(v) That the aspirant assumes the foregoing obligations voluntarily without mental 
7 
reservation or purpose of evasion; 
8 
(w) 
That the aspirant gives consent to the Commission to collect, disclose or 
9 
share, and process the personal data provided for election and other lawful 
10 
purposes in accordance with the Privacy Notice and as may be authorized by 
11 
existing laws; 
12 
(x) That the facts stated in the certificate are true and correct to the best of the 
13 
aspirant's knowledge; and 
14 
(y) Whether the aspirant has been found liable for an offense/s which carries with 
15 
it the accessory penalty of perpetual disqualification to hold public office, which 
16 
has become final and executory.  
17 
Unless the person filing the certificate of candidacy has officially changed his or 
18 
her name through a court approved proceeding, such person shall use in a certificate 
19 
of candidacy the name registered in the office of the local civil registrar or any other 
20 
name allowed under the provisions of existing law or, in the case of a Muslim, his or 
21 
her Hadji name after performing the prescribed religious pilgrimage: Provided, That 
22 
when there are two or more aspirant for an office with the same name and surname, 
23 
each aspirant, upon being made aware or such fact, shall state his or her paternal and 
24 
maternal surname, except the incumbent who may continue to use the name and 
25 
surname stated in his certificate of candidacy when he was elected.   
26 
An aspirant may also include one nickname or stage name by which he or she 
27 
is generally or popularly known in the locality.   
28 
The person filing a certificate of candidacy shall also affix his latest photograph, 
29 
passport size; a statement in duplicate containing his or her bio-data and program of 
30 
government not exceeding one hundred words, if he or she so desires.   
31 
SEC. 89.Filing of certificate of candidacy and certificates of nomination and 
32 
acceptance. - The Commission shall set the period within which the certificates of 
33 
candidacy shall be filed along with the respective certificate of nomination and 
34 
acceptance, if any: Provided, That, such period shall be within the election period but 
35 
not later than five days before the beginning of the campaign period: Provided further, 
36 
That, in no case shall the period be less than five (5) days; Provided finally, that in 
37 
cases of postponement or failure of election under this Code, no additional certificate 
38 


49 
 
of candidacy shall be accepted except in cases of substitution of candidates as 
1 
provided in this article.  
2 
The certificates of candidacy and the certificates of nomination and acceptance, 
3 
if any, shall be filed in such number of copies as the Commission may prescribe with 
4 
the offices herein below mentioned:  
5 
(a) For the positions of President, Vice-President, and Senator, with the Main Office 
6 
of the Commission; 
7 
(b) For the position of Member of the House of Representatives for a legislative 
8 
district in the National Capital Region, with the Office of the Regional Director 
9 
of the National Capital Region; 
10 
(c) For the position of Member of the House of Representatives for a legislative 
11 
district in the provinces, with the Office of the Provincial Election Supervisor; 
12 
(d) For the position of Member of the House of Representative in a legislative 
13 
district in the cities outside the National Capital Region which comprise one or 
14 
more legislative districts, with the Office of the City Election Officer concerned 
15 
designated for the purpose by the Regional Election Director; 
16 
(e) For the positions of Governor, Vice-Governor, and Member of the Sangguniang 
17 
Panlalawigan, with the Office of the Provincial Election Supervisor; 
18 
(f) For the position of Mayor and Vice-Mayor cities with more than one Election 
19 
Officer, with the Office of the City Election Officer concerned designated for the 
20 
purpose by the Regional Election Director; 
21 
(g) For the position of Member of the Sangguniang Panlungsod in cities with more 
22 
than one Election Officer, with the Office of the City Election Officer of the 
23 
district concerned; 
24 
(h) For the position of Mayor, Vice Mayor, and Member of the Sangguniang 
25 
Panlungsod in cities with only one (1) legislative district, with the Office of the 
26 
City Election Officer; 
27 
(i) For the position of Municipal Mayor, Municipal Vice-Mayor, and Member of the 
28 
Sangguniang Bayan, with the Office of the Municipal Election Officer; and 
29 
(j) For the position of Members of the Parliament of the Bangsamoro Autonomous 
30 
Region in Muslim Mindanao, with the Office of the Regional Election Director.  
31 
In case of valid substitution of nominees of party-list groups, the certificate of 
32 
nomination and acceptance of the substitute nominee shall be filed with the 
33 
Main Office of the Commission. 
34 
Any certificate of candidacy or certificate of nomination and acceptance filed 
35 
with the incorrect office shall be deemed not filed. No filing fee shall be imposed for 
36 
the filing of the certificate of candidacy and certificate of nomination.  
37 


50 
 
SEC. 90.Ministerial duty of receiving and acknowledging receipt. - The 
1 
Commission, provincial election supervisor, and the election officer designated by the 
2 
Commission, and electoral boards, as the case may be, shall have the ministerial duty 
3 
to receive and acknowledge receipt of the certificate of candidacy.  
4 
SEC. 91.Candidates in case of death, disqualification, or permanent incapacity. 
5 
– If after the last day for the filing of the certificate of candidacy, which shall not be 
6 
earlier than One Hundred and Fifty (150) days preceding the day of election, an official 
7 
candidate of a registered or accredited political party dies, becomes permanently 
8 
incapacitated, or is disqualified for any cause, only a person belonging to, and 
9 
nominated by, the same political party may file a certificate of candidacy to replace 
10 
the candidate who died, became permanently incapacitated, or was disqualified: 
11 
Provided, That, such substitute candidate must have the same surname as the 
12 
candidate being substituted: Provided further, That an independent candidate who 
13 
filed a certificate of candidacy may also be substituted.  
14 
The substitute candidate nominated by the political party concerned may file 
15 
his or her certificate of candidacy for the office affected in accordance with the 
16 
preceding sections not later than mid-day of the day of the election. If the death, 
17 
incapacity or disqualification should occur between the day before the election and 
18 
mid-day of election day, said certificate may be filed with any electoral board in the 
19 
political subdivision where he or she is a candidate, or, in the case of candidates to be 
20 
voted for by the entire electorate of the country, with the Commission.  
21 
SEC. 92.Petition to deny due course to or cancel a certificate of candidacy. - A 
22 
verified petition seeking to deny due course or to cancel a certificate of candidacy may 
23 
be filed by any registered voter exclusively on the ground that any material 
24 
representation contained therein as required under Section 88 hereof is false: 
25 
Provided, That, the deliberate failure by the person filing the certificate of candidacy 
26 
to disclose that he or she has been declared by competent authority as insane or 
27 
incompetent, or that he or she has been sentenced by final judgment for subversion, 
28 
insurrection, rebellion or for any offense for which he or she has been sentenced to a 
29 
penalty of more than eighteen months or for a crime involving moral turpitude, shall 
30 
likewise constitute material misrepresentation unless there is a declaration by 
31 
competent authority that said  insanity or incompetence had been removed, or, in 
32 
case of conviction for the offenses herein mentioned, such nominee has been given 
33 
plenary pardon or granted amnesty or at least five years have passed from his or her 
34 
service of sentence. 
35 
The petition may be filed at any time not later than twenty-five days from the 
36 
time of the filing of the certificate of candidacy and shall be decided, after due notice 
37 
and hearing, Should be not later than the beginning of the campaign period for the 
38 
national or local elections, as the case may be. 
39 


51 
 
The Commission shall make available to any registered voter copies of the 
1 
certificates of candidacy or any other document related to a candidate’s candidacy for 
2 
purposes of this provision: Provided, however, that information obtained through this 
3 
provision shall only be used as evidence for the petition to deny due course to or 
4 
cancel a certificate of candidacy. 
5 
CHAPTER III 
6 
ELECTION AND CAMPAIGN PERIODS, CAMPAIGN, 
7 
AND CAMPAIGN EXPENDITURES 
8 
 
9 
Article 8 
10 
The Election and Campaign Periods 
11 
SEC. 93.Election period. - Unless otherwise fixed in special cases by the 
12 
Commission on Elections, which hereinafter shall be referred to as the Commission, 
13 
the election period shall commence ninety days before the day of the election and 
14 
shall end thirty days thereafter.  
15 
SEC. 94.Campaign period. - The campaign periods are hereby fixed as follows: 
16 
(a) For President, Vice-President, Senators, and party-list groups participating in 
17 
the party-list system of representation, ninety (90) days before the day of the 
18 
elections; 
19 
(b) For Members of the House of Representatives and elective regional, provincial, 
20 
city, and municipal officials, forty-five (45) days before the day of the election; 
21 
and 
22 
(c) For barangay and Sangguniang Kabataan officials, ten (10) days before the 
23 
election.  
24 
In case of special elections and recall elections, the Commission shall fix the campaign 
25 
period which in no case shall exceed the periods herein set forth. 
26 
 
27 
Article 9 
28 
Campaign and Election Propaganda 
29 
SEC. 95.Election campaign or partisan political activity outside the campaign 
30 
period. - It shall be unlawful for any person, whether or not a voter or candidate, or 
31 
for any party, or association of persons, to engage in an election campaign or partisan 
32 
political activity from the time the period for filing certificates of candidacy has ended 
33 
until the start of the campaign period: Provided, That any party, organization, or 
34 
coalition may, at any time,  hold an emergency convention or meeting for the purpose 
35 
of nominating a substitute candidate in cases where substitution is proper. 
36 


52 
 
SEC. 96.Intervention of foreigners. - It shall be unlawful for any foreigner, 
1 
whether juridical or natural person, to aid any candidate or political party, directly or 
2 
indirectly, or take part in or influence in any manner any election, or to contribute or 
3 
make any expenditure in connection with any election campaign or partisan political 
4 
activity.  
5 
SEC. 97.Prohibited Campaigning. - It is unlawful for any person or for any 
6 
political party or association of persons to engage in an election campaign or partisan 
7 
political activity on Maundy Thursday, Good Friday, the day before the election day, 
8 
and on Election Day.  
9 
SEC. 98.Lawful election propaganda. - Lawful election propaganda shall 
10 
include:  
11 
(a) Pamphlets, leaflets, cards, decals, stickers or other written or printed materials 
12 
of a size not more than eight and one-half (8 ½)inches in width and fourteen 
13 
(14) inches in length;  
14 
(b) Handwritten or printed letters urging voters to vote for or against any particular 
15 
candidate;  
16 
(c) Cloth, paper or cardboard posters, whether framed or posted, with an area 
17 
exceeding two (2) feet by three (3) feet, except that, at the site and on the 
18 
occasion of a public meeting or rally, or in announcing the holding of said 
19 
meeting or rally, streamers not exceeding three (3) feet by (8) eight feet in 
20 
size, shall be allowed: Provided, That said streamers may be displayed five (5) 
21 
days before the date of the meeting or rally and shall be removed within twenty-
22 
four (24) hours after said meeting or rally.   
23 
(d) Paid advertisements in internet, mobile, print or broadcast media: Provided, 
24 
That the advertisements shall comply with the requirements set forth in this 
25 
Code and with the rules and guidelines promulgated by the Commission. 
26 
(e) All other forms of election propaganda not prohibited by this Code as the 
27 
Commission may authorize after due notice to all interested parties and hearing 
28 
where all the interested parties were given an equal opportunity to be heard: 
29 
Provided, That the Commission's authorization shall be published in two 
30 
newspapers of general circulation throughout the nation for at least twice within 
31 
one week after the authorization has been granted. 
32 
SEC. 99.Requirements and Limitations on the Use of Election Propaganda 
33 
through Mass Media. - All bona fide candidates shall have equal access to mass media 
34 
time and space for their election propaganda during the campaign period. The 
35 
following guidelines shall be amplified on by the Commission in rules and regulations 
36 
that it shall promulgate to implement this Article: 
37 


53 
 
(a) Print advertisements shall not exceed one-fourth (1/4) page, in broad sheet 
1 
and one-half (1/2) page in tabloids thrice a week per newspaper, magazine or 
2 
other publications, during the campaign period.   
3 
(b) Each bona fide candidate or registered political party for a nationally-elected 
4 
office shall be entitled to not more than one hundred twenty (120) minutes of 
5 
television advertisement and one hundred eighty (180) minutes of radio 
6 
advertisement whether by purchase or donation.  
7 
Each bona fide candidate or registered political party for a locally-elected office 
8 
shall be entitled to not more than sixty (60) minutes of television advertisement 
9 
and ninety (90) minutes of radio advertisement whether by purchase or 
10 
donation. 
11 
For this purpose, the Commission shall require any broadcast station or entity 
12 
to submit to the COMELEC a copy of its broadcast logs and certificates of 
13 
performance for the review and verification of the frequency, date, time and 
14 
duration of advertisements broadcast for any candidate or political party.  
15 
(c) No franchise or permit to operate a radio or television stations shall be granted 
16 
or issued, suspended or cancelled during the election period.  
17 
(d) All members of media including those who are operating through the television, 
18 
radio, print, mobile, and internet shall scrupulously report and interpret the 
19 
news, taking care not to suppress essential facts nor to distort the truth by 
20 
omission or improper emphasis. They shall recognize the duty to air the other 
21 
side and the duty to correct substantive errors promptly.  
22 
(e) Any mass media columnist, commentator, announcer, reporter, on-air 
23 
correspondent, blogger or personality who is a candidate for any elective public 
24 
office or is a campaign volunteer for or employed or retained in any capacity 
25 
by any candidate or political party shall be deemed resigned, if so required by 
26 
their employer, or shall take a leave of absence from his/her work as such 
27 
during the campaign period: Provided, That any media practitioner who is an 
28 
official of a political party or a member of the campaign staff of a candidate or 
29 
political party shall not use his/her time or space to favor any candidate or 
30 
political party.  
31 
(f) Each candidate, registered party, organization, or coalition shall register with 
32 
the Commission their official social media accounts, social media pages, 
33 
websites, or blogs which are already verified upon registration, and also those 
34 
that will be verified subsequent to registration: Provided, That the same are 
35 
being or will be used for the endorsement of the candidacy of said candidate 
36 
or candidacies of the members of such party, organization, or coalition. 
37 
Any other website, blog, or social media page not registered but which, when 
38 
taken as a whole, has for its primary purpose the endorsement of a candidate, 
39 


54 
 
party, organization, or coalition, whether or not directly maintained or 
1 
administered by the candidate, party, organization, or coalition, or its official 
2 
campaign representatives, shall be considered as official websites, blogs, or 
3 
social media pages of said candidate, party, organization, or coalition for all 
4 
regulatory purposes.   
5 
Only verified and registered social media accounts, social media pages, 
6 
websites, or blogs may run electoral ads and boost or promote electoral posts.  
7 
(g) Micro targeting of electoral ads shall not be allowed except when based on the 
8 
following criteria: geographical location, except radius around a specific 
9 
location; age and gender.  
10 
(h) Any printed or published and broadcast election propaganda shall bear and be 
11 
identified by the reasonably legible or audible words “political advertisement 
12 
paid for”, followed by the true and correct name and address of the candidate 
13 
or party for whose benefit the election propaganda was printed or aired. It shall 
14 
also bear, and be identified by, the reasonably legible, or audible words 
15 
“political advertisement paid by,” followed by the true and correct name and 
16 
address of the payor. This rule shall also apply to online advertisements.  
17 
(i) If the space for printed or published election propaganda is donated by the 
18 
publishing firm, or the airtime for broadcast election propaganda is given free 
19 
of charge by the radio or television station or cable television, it shall bear and 
20 
be identified by the reasonably legible or audible words “printed free of charge,” 
21 
or “airtime for this broadcast was provided free of charge by,” respectively, 
22 
followed by the true and correct name and address of the said publishing firm 
23 
or broadcast entity. This rule shall also apply to online advertisements.  
24 
(j) Print, broadcast, outdoor advertisements, online or mobile advertisements 
25 
donated to the candidate or political party shall not be printed, published, 
26 
broadcast, or exhibited without the written acceptance by the said candidate 
27 
or political party. Such written acceptance shall be attached to the advertising 
28 
contract and shall be submitted to the Commission.  
29 
All mass media entities shall furnish the Commission with a copy of all contracts 
30 
for advertising, promoting or opposing any political party or the candidacy of 
31 
any person for public office within five (5) days after its signing. In every case, 
32 
it shall be signed by the donor, the candidate concerned or by the duly 
33 
authorized representative of the political party.  
34 
In all instances, the Commission shall supervise the use and employment of 
35 
press, radio, television, internet, and social media facilities insofar as the 
36 
placement of political advertisements is concerned to ensure that candidates 
37 
are given equal opportunities under equal circumstances to make known their 
38 


55 
 
qualifications and their stand on public issues within the limits set forth in this 
1 
Code.  
2 
The Commission shall ensure that radio or television or cable television 
3 
broadcasting entities shall not allow the scheduling of any program or permit 
4 
any sponsor to manifestly favor or oppose any candidate or political party by 
5 
unduly or repeatedly referring to or including said candidate and/or political 
6 
party in such program respecting, however, in all instances the right of said 
7 
broadcast entities to air accounts of significant news or news worthy events 
8 
and views on matters of public interest.  
9 
SEC. 100.Removal, destruction or defacement of lawful election propaganda 
10 
prohibited. - It shall be unlawful for any person during the campaign period to remove, 
11 
destroy, obliterate, or in any manner deface or tamper with, or prevent the distribution 
12 
of lawful election propaganda. 
13 
SEC. 101.Prohibited forms of election propaganda. - During the election 
14 
period, the following shall be prohibited: 
15 
(a) To print, publish, post or distribute any newspaper, newsletter, newsweekly, 
16 
gazette or magazine advertising, pamphlet, leaflet, card, decal, bumper sticker, 
17 
poster, comic book, circular, handbill, streamer, sample list of candidates or 
18 
any published or printed political propaganda or advertisement and to air or 
19 
broadcast any election propaganda or political advertisement by television or 
20 
radio for or against a candidate or group of candidates to any public office, 
21 
unless they bear and be identified by a reasonably legible, or audible words 
22 
“political advertisement paid for,” followed by the true and correct name and 
23 
address of the candidate, political or sectoral party, organization, or coalition 
24 
for whose benefit the election propaganda was printed or aired. It shall likewise 
25 
be unlawful to publish, print or distribute said campaign materials unless they 
26 
bear, and are identified by, the reasonably legible, or audible words “political 
27 
advertisements paid by,” followed by the true and correct name and address 
28 
of the payor; 
29 
(b) To print, publish, broadcast, display, or exhibit any such election propaganda 
30 
donated or given free of charge by any person or publishing firm or broadcast 
31 
media entity to a candidate, political or sectoral party, organization or coalition 
32 
without the written acceptance of the said candidate, political or sectoral party, 
33 
organization or coalition, and unless they bear and be identified by the words 
34 
“printed free of charge,” or “airtime for this broadcast was provided free of 
35 
charge by”, respectively, followed by the true and correct name and address of 
36 
the said publishing firm or broadcasting entity; 
37 
(c) To show, display or exhibit publicly in a theater, through a television station, a 
38 
video sharing site, social media network, to any public forum any movie, 
39 


56 
 
cinematography or documentary, including concert or any type of performance 
1 
portraying the life or biography of a candidate, or in which a character is 
2 
portrayed by an actor or media personality who is himself or herself a 
3 
candidate; 
4 
(d) For any newspaper or publication, radio, television or cable television station, 
5 
or other mass media entity, or any person making use of the mass media to 
6 
sell or give free of charge print or advertising space or airtime for campaign or 
7 
election propaganda purposes to any candidate or party in excess of the size, 
8 
duration or frequency authorized by law or these Rules. A newspaper or 
9 
publication, radio, television or cable television station, or other mass media, 
10 
or any person may require any buyer to warrant under oath that such purchase 
11 
is not in excess of the size, duration or frequency authorized by law; 
12 
(e) For any radio, television, cable television station, announcer or broadcaster to 
13 
allow the scheduling of any program, or permit any sponsor to manifestly favor 
14 
or oppose any candidate or party by unduly or repeatedly referring to, or 
15 
unnecessarily mentioning the name of such candidate or party, or including 
16 
therein said candidate or party; 
17 
(f) To print, publish, post, show, display, distribute any election campaign or 
18 
propaganda materials that are in violation of gender sensitivity principles, is 
19 
obscene, offensive, discriminatory, or otherwise constitutes a violation of the 
20 
Magna Carta of Women; and 
21 
(g) To post, display, or exhibit any election campaign or propaganda material 
22 
outside of authorized common poster areas, in public places, or in private 
23 
properties without the consent of the owner thereof. 
24 
The printing press, printer, or publisher who prints, reproduces or publishes 
25 
said campaign materials, and the broadcaster, station manager, owner of the radio or 
26 
television station, or content creator of a post, owner or administrator of any website 
27 
who airs or shows the political advertisements, without the required data or having 
28 
false information, in violation of the provisions of this Article shall be criminally liable 
29 
with the candidate, and, if applicable, further suffer the penalties of suspension or 
30 
revocation of franchise or permit.  
31 
SEC. 102.Rallies, meetings and other political activities. - Subject to the 
32 
requirements of local ordinances on the issuance of permits, any political party 
33 
supporting official candidates or any candidate individually or jointly with other 
34 
aspirants may hold peaceful political rallies, meetings, and other similar activities 
35 
during the campaign period: Provided, That all applications for permits to hold 
36 
meetings, rallies and other similar political activities, receipt of which must be 
37 
acknowledged in writing and which application shall be immediately posted in a 
38 
conspicuous place in the city or municipal hall, shall be acted upon in writing by local 
39 


57 
 
authorities concerned within three days after the filing thereof and any application not 
1 
acted upon within said period shall be deemed approved: and Provided further, That 
2 
denial of any application for said permit shall be appealable to the provincial election 
3 
supervisor or to the Regional Election Director, for cases in the National Capital Region, 
4 
whose decision shall be made within forty-eight (48) hours and which shall be final 
5 
and executory: Provided finally, the only justifiable grounds for  denial shall be a) a 
6 
prior written application by any candidate or political party for the same purpose has 
7 
been approved; or b) the existence of a health emergency, as attested to by the 
8 
appropriate department or agency of the national government, which absolutely 
9 
necessitates that mass gatherings be prohibited. 
10 
SEC. 103.Public rally. - Any political party or candidate shall notify the election 
11 
registrar concerned of any public rally said political party or candidate intends to 
12 
organize and hold in the city or municipality, and within seven working days thereafter 
13 
submit to the election officer a statement of expenses incurred in connection 
14 
therewith. 
15 
SEC. 104.Transportation, food and drinks. - It shall be unlawful for any 
16 
candidate, political party, organization, or any person to give or accept, free of charge, 
17 
directly or indirectly, transportation, food or drinks or things of value during the five 
18 
hours before and after a public meeting, on the day preceding the election, and on 
19 
the day of the election; or to give or contribute, directly or indirectly, money or things 
20 
of value for such purpose.  
21 
SEC. 105.COMELEC Space and Time. – The Commission shall procure the print 
22 
space upon payment of just compensation from at least three (3) national newspapers 
23 
of general circulation wherein candidates for national office can announce their 
24 
candidacies. Such space shall be allocated free of charge equally and impartially 
25 
among all the candidates for national office on three (3) different calendar days: the 
26 
first day within the first week of the campaign period; the second day within the fifth 
27 
week of the campaign period; and the third day within the tenth week of the campaign 
28 
period.  
29 
The Commission shall also procure free airtime from at least three (3) national 
30 
television networks and three (3) national radio networks, which shall also be allocated 
31 
free of charge equally and impartially among all candidates for national office. Such 
32 
free time shall be allocated on three (3) different calendar days; the first day within 
33 
the first week of the campaign period; the second day within the fifth week of the 
34 
campaign period; and the third day within the tenth week of the campaign period.  
35 
The Commission may require national television and radio networks to sponsor 
36 
at least three (3) national debates among presidential candidates and at least one (1) 
37 
national debate among vice presidential candidates. The debates among presidential 
38 
candidates shall be scheduled on three (3) different calendar days; the first debate 
39 
shall be scheduled within the first and second week of the campaign period; the 
40 


58 
 
second debate within the fifth and sixth week of the campaign period; and the third 
1 
debate shall be scheduled within the tenth and eleventh week of the campaign period.  
2 
The sponsoring television or radio network may sell air-time for commercials 
3 
and advertisements to interested advertisers and sponsors. The Commission shall 
4 
promulgate rules and regulations for the holding of such debates.  
5 
Furthermore, Commission shall likewise procure ] in at least one (1) newspaper 
6 
of general circulation and air time in at least one (1) major broadcasting station or 
7 
entity in every province or city: Provided, however, That in the absence of said 
8 
newspaper, publication shall be done in any other magazine or periodical in said 
9 
province or city, which shall be known as "COMELEC Space": Provided further, That 
10 
in the absence of said broadcasting station or entity, broadcasting shall be done in 
11 
any radio or television station in said province or city, which shall be known as 
12 
"COMELEC Time". Said time shall be allocated to the COMELEC free of charge, while 
13 
said space shall be allocated to the COMELEC upon payment of just compensation. 
14 
The COMELEC time and space shall be utilized exclusively by the COMELEC for public 
15 
information dissemination on election-related concerns.  
16 
SEC. 106.Poster areas. – The Commission may authorize political parties and 
17 
party-list groups to erect common poster areas for their candidates in not more than 
18 
ten (10) public places such as plazas, markets, barangay centers and the like, wherein 
19 
candidates can post, display or exhibit election propaganda: Provided, That the size 
20 
of the poster areas shall not exceed twelve (12) by sixteen (16) feet or its equivalent. 
21 
Independent candidates with no political parties may likewise be authorized to 
22 
erect common poster areas in not more than ten (10) public places, the size of which 
23 
shall not exceed four (4) by six (6) feet or its equivalent. 
24 
Candidates may post any lawful propaganda material in private places with the 
25 
consent of the owner thereof, and in public places or property which shall be allocated 
26 
equitably and impartially among the candidates.  
27 
SEC. 107.Rates of Political Propaganda. - During the election period, the 
28 
maximum rates that media outlets may charge registered political parties, sectoral 
29 
parties or sectoral organizations, and bona fide candidates shall be no higher than the 
30 
average of either the published rates, negotiated rates, or any other set of rates, 
31 
whichever is the lowest, charged in the last three calendar years prior to the election, 
32 
less a discount therefrom of fifty percent (50%) for television, forty percent (40%) for 
33 
radio and ten percent (10%) for print therefrom. 
34 
Nothing in this provision prohibits a media outlet from giving higher 
35 
discounts: Provided, That the discount it gives one candidate shall be the same 
36 
discount it gives to other candidates for the same position 
37 


59 
 
In no case shall rates charged to registered political parties, sectoral parties or 
1 
sectoral organizations, and bona fide candidates be higher than rates charged to non-
2 
political advertisers. 
3 
SEC. 108.Right to Reply. – All registered parties and bona fide candidates shall 
4 
have the right to reply to charges published against them. The reply shall be given 
5 
publicity by the newspaper, television and/or radio station which first printed or aired 
6 
the charges with the same prominence or in the same page or section or in the same 
7 
time slot as the first statement.  
8 
SEC. 109.Election Surveys and Exit Polls. – 
9 
(A) During the election period, any person, candidate, party, coalition or organization 
10 
who publishes a survey must likewise publish the following information: 
11 
(1) The name of the person, candidate, party or organization who commissioned 
12 
or paid for the survey; 
13 
(2) The name of the person, polling firm or survey organization who conducted 
14 
the survey; 
15 
(3) The period during which the survey was conducted, the methodology used, 
16 
including the number of individual respondents and the areas from which 
17 
they were selected, and the specific questions asked; 
18 
(4) The margin of error of the survey; 
19 
(5) For each question for which the margin of error is greater than that reported 
20 
under paragraph (4), the margin of error for that question; and 
21 
(6) A mailing address and telephone number, indicating it as an address or 
22 
telephone number at which the sponsor can be contacted to obtain a written 
23 
report regarding the survey. 
24 
The survey together with raw data gathered to support its conclusions shall be 
25 
available for inspection, copying and verification by the Commission or by a registered 
26 
political party or a bona fide candidate or by any COMELEC-accredited citizen's arm. 
27 
A reasonable fee sufficient to cover the costs of inspection, copying and verification 
28 
may be charged. 
29 
(B) Exit polls may only be taken subject to the following requirements: 
30 
(1) Pollsters shall not conduct their surveys within fifty (50) meters from the 
31 
polling place, whether said survey is taken in a home, dwelling place and 
32 
other places; 
33 
(2) Pollsters shall wear distinctive clothing; 
34 
(3) Pollsters shall inform the voters that they may refuse to answer; and 
35 


60 
 
(4) The result of the exit polls may be announced after the closing of the polls 
1 
on election day, and must clearly identify the total number of respondents, 
2 
and the places where they were taken. Said announcement shall state that 
3 
the same is unofficial and does not represent a trend. 
4 
SEC. 110. The Commission shall promulgate and furnish all candidates, duly 
5 
registered political and sectoral parties, sectoral organizations, coalition of political 
6 
parties and the mass media entities the rules and regulations for the implementation 
7 
of this Article, consistent with the criteria established in Article IX-C, Section 4 of the 
8 
Constitution. 
9 
Rules and regulations promulgated by the COMELEC under and by authority of 
10 
this Section shall take effect on the fifteenth (15th) day after their publication in at 
11 
least two (2) daily newspapers of general circulation. Prior to effectivity of said rules 
12 
and regulations, no political advertisement or propaganda for or against any candidate 
13 
or political party shall be published or broadcast through mass media. 
14 
Violation of this Article and the rules and regulations of the COMELEC issued to 
15 
implement this Article shall be an election offense punishable under Section 405 of 
16 
this Code.   
17 
 
18 
Article 10 
19 
Electoral Contributions and Expenditures 
20 
SEC. 111.Prohibited contributions and solicitations. - No contribution for 
21 
purposes of partisan political activity shall be made directly or indirectly by any of the 
22 
following:  
23 
(a) Public or private financial institutions: Provided, however, That nothing herein 
24 
shall prevent the making of any loan to a candidate or sectoral or political party 
25 
or organization by any such public or private financial institutions legally in the 
26 
business of lending money, and that the loan is made in accordance with laws 
27 
and regulations and in the ordinary course of business;  
28 
(b) Natural and juridical persons operating a public utility or in possession of or 
29 
exploiting any natural resources of the nation;  
30 
(c) Natural and juridical persons who hold contracts or sub-contracts to supply the 
31 
government or any of its divisions, subdivisions or instrumentalities, including 
32 
local government units and government-owned and controlled corporations, 
33 
with goods or services or to perform construction or other works;  
34 
(d) Natural and juridical persons who have been granted franchises, incentives, 
35 
exemptions, allocations or similar privileges or concessions by the government 
36 
or any of its divisions, subdivisions or instrumentalities, including government-
37 
owned or controlled corporations;  
38 


61 
 
(e) Natural and juridical persons who, within one year prior to the date of the 
1 
election, have been granted loans or other accommodations in excess of One 
2 
Million Pesos Php 1,000,000 by the government or any of its divisions, 
3 
subdivisions or instrumentalities including government-owned or controlled 
4 
corporations;  
5 
(f) Educational institutions which have received grants of public funds amounting 
6 
to no less than One Million Pesos Php 1,000,000.00;  
7 
(g) Officials or employees in the Civil Service, personnel working with for or with 
8 
the government under a job order or contract of service, consultants to the 
9 
government, including local government units and government-owned and 
10 
controlled corporations, or members of the Armed Forces of the Philippines; 
11 
and  
12 
(h) Foreign governments and their agencies, any foreign national, and foreign 
13 
corporations. 
14 
It shall be unlawful for any person, including a political party, sectoral party, 
15 
sectoral organization, coalition of political parties, or public or private entity to solicit 
16 
or receive, directly or indirectly, any aid or contribution of whatever form or nature 
17 
from any of the persons or entities enumerated herein for the purposes of influencing 
18 
the results of the election.  
19 
SEC. 112.Prohibited raising of funds. - It shall be unlawful for any person to 
20 
hold lotteries, cockfights, games, bingo, or any other form of gambling activity 
21 
including those conducted online, boxing bouts, dances, beauty contests, concerts, 
22 
cinematographic, theatrical or other performances for the purpose of raising funds for 
23 
an election campaign or for the support of any candidate, political or sectoral party, 
24 
coalition of political parties, or sectoral organizations from the commencement of the 
25 
election period up to and including election day; or for any person, organization, or 
26 
entity, whether civic or religious, directly or indirectly, to solicit and/or accept from 
27 
any candidate for public office, or from his campaign manager, agent or 
28 
representative, or any person acting in their behalf, any gift, food, transportation, 
29 
contribution or donation in cash or in kind from the commencement of the election 
30 
period up to and including election day; Provided, That normal and customary religious 
31 
stipends, tithes, or collections on Sundays and/or other designated collection days, 
32 
are excluded from this prohibition.  
33 
SEC. 113.True name of contributor required. - No person shall make any 
34 
contribution in any name except his own nor shall any candidate or treasurer of a 
35 
political party receive a contribution or enter or record the same in any name other 
36 
than that of the person by whom it was actually made.  
37 
SEC. 114.Report of contributions. - Every person giving contributions to any 
38 
candidate, treasurer of the party, organization or coalition, or authorized 
39 


62 
 
representative of such candidate or treasurer shall, not later than thirty days after the 
1 
day of the election, file with the Commission a report under oath stating the amount 
2 
of each contribution, the name of the candidate, agent of the candidate or political 
3 
party receiving the contribution, and the date of the contribution. 
4 
Section 115. Authorized Expenses of Candidates and Political Parties. - The 
5 
aggregate amount that a candidate or registered political party may spend for election 
6 
campaign shall be as follows: 
7 
(a) For candidates – Fifty Pesos (P 50.00) for President and Forty Pesos ( 40.00) 
8 
for Vice-President; Thirty Pesos (P 30.00) for Senator, District Representative, 
9 
Governor, Vice-Governor, Board Member, Mayor, Vice-Mayor, Councilor and Party-List 
10 
Representative, for every voter currently registered in the constituency where the 
11 
candidate filed the certificate of candidacy; and for Political Parties, Thirty Pesos (P 
12 
30.00) for every voter currently registered in the constituency or constituencies where 
13 
it has official candidates.  
14 
 
15 
Any provision of law to the contrary notwithstanding, any contribution in cash 
16 
or in kind to any candidate or political party or coalition of parties, for campaign 
17 
purposes, duly reported to the Commission, shall not be subject to the payment 
18 
of any donor’s tax.  
19 
 
20 
The Commission on Elections shall, in consultation with the Bangko Sentral ng 
21 
Pilipinas, the National Economic and Development Authority, and the Philippine 
22 
Statistics Authority, make the necessary adjustment in the amount of 
23 
authorized campaign expenses per registered voter as provided in this Act 
24 
based on the ensuing national inflation rate and consumer price index. 
25 
 
26 
SEC. 116.Lawful expenditures. - To carry out the objectives of the preceding 
27 
sections, no candidate or treasurer of a political party shall, directly or indirectly, make 
28 
any expenditure except for the following purposes:  
29 
(a) For travelling expenses of the candidates and campaign personnel in the course 
30 
of the campaign and for personal expenses incident thereto;  
31 
(b) For compensation of campaigners, clerks, stenographers, messengers, and 
32 
other persons actually employed in the campaign including those working 
33 
through the internet or social media;  
34 
(c) For telegraph and telephone tolls, postage, freight and express delivery 
35 
charges;  
36 
(d) For stationery, printing and distribution of printed matters relative to candidacy;  
37 
(e) For employment of watchers at the polls;  
38 
(f) For rent, maintenance and furnishing of campaign headquarters, office or place 
39 
of meetings;  
40 


63 
 
(g) For establishment, maintenance, updates, and/or upgrades of social media 
1 
accounts, social media pages, websites, or blogs used for the campaign; 
2 
(h) For political meetings and rallies, including e-rallies, and the use of sound 
3 
systems, lights and decorations during said meetings and rallies;  
4 
(i) For newspaper, radio, television and other public advertisements including 
5 
advertisements on the internet and social media sites;  
6 
(j) For employment of counsel;  
7 
(k) For copying and classifying list of voters, investigating and challenging the right 
8 
to vote of persons registered in the lists; and 
9 
(l) For printing sample ballots in such color, size and maximum number as may be 
10 
authorized by the Commission  
11 
The expenditures for items (j) and (k), shall not be taken into account in 
12 
determining whether the expenditure limit has been breached by the candidate or 
13 
party in the conduct of campaign activities. 
14 
SEC. 117.Persons authorized to incur election expenditures. - No person, 
15 
except the candidate, the treasurer of a political party, coalition of political parties, 
16 
sectoral party or organization or any person authorized by such candidate or treasurer, 
17 
shall make any expenditure in support of or in opposition to any candidate or political 
18 
party. Expenditures duly authorized by such candidate or treasurer shall be considered 
19 
as expenditures of such candidate, party, organization, or coalition.  
20 
The authority to incur expenditures shall be in writing, copy of which shall be 
21 
furnished the Commission signed by the candidate or the treasurer of the party, 
22 
organization, or coalition and showing the expenditures so authorized, and shall state 
23 
the full name and exact address of the person so designated.  
24 
Nothing in this section shall be understood to prohibit private citizens from 
25 
producing their own lawful materials in support of a candidate, party, or organization: 
26 
Provided, That the production, use, or deployment of such materials shall not be under 
27 
the direct or indirect control or supervision by the candidate, party, organization, or 
28 
its representatives. 
29 
SEC. 118.Prohibited donations by candidates, treasurers of parties or their 
30 
agents. - No candidate, his or her spouse or any relative within the second civil degree 
31 
of consanguinity or affinity, or his or her campaign manager, agent or representative 
32 
shall, during the campaign period, on the day before and on the day of the election, 
33 
directly or indirectly, promise, declare or make any donation, contribution or gift in 
34 
cash or in kind, or undertake or contribute to the construction or repair of roads, 
35 
bridges, school buses, puericulture centers, medical clinics and hospitals, churches or 
36 
chapels cement pavements, or any structure for public use or for the use of any 
37 
religious or civic organization: Provided, That normal and customary religious dues or 
38 


64 
 
contributions, such as religious stipends, tithes or collections on Sundays or other 
1 
designated collection days, as well as periodic payments for legitimate scholarships 
2 
established and school contributions habitually made before the prohibited period, are 
3 
excluded from the prohibition.  
4 
The same prohibition applies to treasurers, agents or representatives of any 
5 
political or sectoral party or organization or coalition of parties. 
6 
SEC. 119.Accounting by agents of candidate or treasurer. - Every person 
7 
receiving contributions or incurring expenditures by authority of the candidate or 
8 
treasurer of the party shall, on demand by the candidate or treasurer of the party, 
9 
and in any event within five days after receiving such contribution or incurring such 
10 
expenditure, render to the candidate or the treasurer of the party concerned, a 
11 
detailed account thereof with proper vouchers or official receipts.  
12 
SEC. 120.Records of contributions and expenditures. -  
13 
(a) It shall be the duty of every candidate, treasurer of the political or sectoral 
14 
party or organization or coalition of parties, and the person acting under the 
15 
authority of such candidate or treasurer to issue a receipt for every contribution 
16 
received and to obtain and keep a receipt stating the particulars of every 
17 
expenditure made.  
18 
(b) Every candidate and treasurer of the party, coalition, or organization shall keep 
19 
detailed, full, and accurate records of all contributions received and 
20 
expenditures incurred by him or her and by those acting under his or her 
21 
authority, setting forth therein all information required to be reported.  
22 
(c) Every candidate and treasurer of the party, coalition, or organization shall be 
23 
responsible for the preservation of the records of contributions and 
24 
expenditures, together with all pertinent documents, for at least five (5) years 
25 
after the holding of the election to which they pertain and for their production 
26 
for inspection by the Commission or its duly authorized representative, or upon 
27 
presentation of a subpoena duces tecum duly issued by the Commission. Failure 
28 
of the candidate or treasurer to preserve such records or documents shall be 
29 
deemed prima facie evidence of violation of the provisions of this Article. 
30 
SEC. 121.Statement of Contributions and Expenditures. - Every candidate and 
31 
treasurer of the political or sectoral party, sectoral organization or coalition of political 
32 
parties shall, within thirty (30) days after the day of the election, file in duplicate with 
33 
the offices of the Commission the full, true and itemized verified statement of all 
34 
contributions and expenditures in connection with the election. 
35 
Regardless of the results of the elections, or even if the candidates, parties, 
36 
organizations, or coalitions concerned did not receive any contribution or make any 
37 
expenditure, they shall still submit the statement herein required.   
38 


65 
 
The statement shall be in writing, subscribed and sworn to by the candidate or 
1 
by the treasurer of the party, organization, or coalition, and shall be complete as of 
2 
the date next preceding the date of filing. It shall set forth in detail (a) the amount of 
3 
contribution, the date of receipt, and the full name and exact address of the person 
4 
from whom the contribution was received; (b) the amount of every expenditure, the 
5 
date thereof, the full name and exact address of the person to whom payment was 
6 
made, and the purpose of the expenditure; (c) any unpaid obligation, its nature and 
7 
amount, and to whom said obligation is owing; and (d) such other particulars which 
8 
the Commission may require.  
9 
If the candidate, party, organization, or coalition has received no contribution, 
10 
made no expenditure, or has no pending obligation, the statement shall reflect such 
11 
fact.  
12 
All statements of contributions and expenditures shall be kept and preserved 
13 
at the office where they are filed and shall constitute part of the public records thereof 
14 
for five years after the election to which they pertain. They shall not be removed 
15 
therefrom except upon order of the Commission or of a competent court and shall, 
16 
during regular office hours, be subject and open to inspection by the public. The officer 
17 
in-charge thereof, shall, on demand, furnish certified copies of any statement upon 
18 
payment of the reasonable fee prescribed by the Commission 
19 
SEC. 122.Effect of Failure to File Statement. - No person elected to any public 
20 
office shall enter upon the duties of his or her office until he or she has filed the 
21 
statement of contributions and expenditures herein required. 
22 
The same prohibition shall apply if the political party, sectoral party, sectoral 
23 
organization, or coalition of political parties which nominated the winning candidate 
24 
fails to file the statement required herein within the period prescribed by this Article. 
25 
Except candidates for elective barangay office, failure to file within the 
26 
prescribed period the statements or reports in connection with electoral contributions 
27 
and expenditures as required herein shall constitute an administrative offense for 
28 
which the offenders shall be liable to pay an administrative fine ranging from ten 
29 
thousand pesos (PhP10,000.00) to fifty thousand pesos (PhP50,000.00), in the 
30 
discretion of the Commission. 
31 
The fine shall be paid within thirty (30) days from receipt of notice of such 
32 
failure; otherwise, it shall be enforceable by a writ of execution issued by the 
33 
Commission against the properties of the offender. 
34 
It shall be the duty of every city or municipal election officer to advise in writing, 
35 
by personal delivery or registered mail, within five (5) days from the date of election 
36 
all candidates residing in his jurisdiction and all political and sectoral parties, coalition 
37 
of political parties, and sectoral organizations whose main headquarters is in his 
38 


66 
 
jurisdiction to comply with their obligation to file their statements of contributions and 
1 
expenditures. 
2 
For the commission of a second or subsequent offense under this section, the 
3 
administrative fine shall be from twenty thousand pesos (PhP20,000.00) to one 
4 
hundred thousand pesos (PhP100,000.00), in the discretion of the Commission. In 
5 
addition, the offender, if he or she is natural person, shall be subject to perpetual 
6 
disqualification to hold public office. In the case of political parties, sectoral parties, 
7 
sectoral organizations, or coalition of political parties, their certificate of registration 
8 
shall be revoked and they shall not no longer be eligible for subsequent registration. 
9 
SEC. 123.Place for filing statements. - The statements of contributions and 
10 
expenditures shall be filed with the following offices:  
11 
(a) Those of candidates for President, Vice-President and Senators, as well as, 
12 
national political parties, sectoral parties, sectoral organizations, and coalition 
13 
of national political parties, with the Commission.   
14 
(b) Those of candidates for Members of the House of Representatives in the 
15 
National Capital Region, as well as, regional political parties with the entire 
16 
National Capital Region as their constituency, with the Office of the Regional 
17 
Director of the National Capital Region.  
18 
(c) Regional political parties, with the office of the regional election director 
19 
concerned.  
20 
(d) Those of candidates for Members of the House of Representatives of legislative 
21 
districts in the provinces and provincial offices, as well as, provincial political 
22 
parties, with the provincial election supervisor concerned.   
23 
(e) Those of candidates for city, municipal and barangay offices, as well as local 
24 
political parties, with the election officer concerned.  
25 
(f) Regional political parties with the entire Bangsamoro Autonomous Region in 
26 
Muslim Mindanao as their constituency shall file their statements of 
27 
contributions and expenditures with the Bangsamoro Electoral Office.   
28 
(g) Unless otherwise provided for by regional law, candidates for Members of the 
29 
House of Representatives of legislative districts within the Bangsamoro 
30 
Autonomous Region in Muslim Mindanao and provincial offices therein, as well 
31 
as, provincial political parties with constituencies within the Bangsamoro 
32 
Autonomous Region in Muslim Mindanao, shall file their statements of 
33 
contributions and expenditures with the provincial election supervisor 
34 
concerned. Candidates for city, municipal and barangay offices, as well as local 
35 
political parties, within the said region shall file with the election officer 
36 
concerned. 
37 


67 
 
If the statement is sent by mail, it shall be by registered mail with an advance 
1 
copy thereof sent through electronic mail to the office or official with whom the 
2 
statement should be filed. The date on which it was registered with the post office 
3 
shall be considered as the filing date thereof. The Commission shall ensure that all 
4 
field offices shall have their respective official e-mail address and that the field officers 
5 
shall inform the candidates, parties, organizations, and coalitions within their 
6 
jurisdiction of such e-mail address. In the event that the election officer does not have 
7 
an official e-mail address, the electronic mail required in this paragraph may be sent 
8 
to the official e-mail address of the provincial election supervisor. 
9 
The regional directors, provincial election supervisors, and election officers 
10 
concerned shall, within fifteen days after the last day for the filing of the statements, 
11 
send to the Commission duplicate copies of all statements filed with them. 
12 
SEC. 124.Report of contractors and business firms. - Every person or firm to 
13 
whom any electoral expenditure is made shall, within thirty (30) days after the day of 
14 
the election, file with the Commission a report setting forth the full names and exact 
15 
addresses of the candidates, treasurers of political or sectoral parties, organizations, 
16 
or coalitions, and other persons incurring such expenditures, the nature or purpose of 
17 
each expenditure, the date and costs thereof, and such other particulars as the 
18 
Commission may require. The report shall be signed and sworn to by the supplier or 
19 
contractor, or in case of a business firm or association, by its president or general 
20 
manager.  
21 
It shall be the duty of such person or firm to whom an electoral expenditure is 
22 
made to require every agent of a candidate or of the treasurer of a political or sectoral 
23 
party, organization, or coalition to present written authority to incur electoral 
24 
expenditures in behalf of such candidate or treasurer, and to keep and preserve at its 
25 
place of business, subject to inspection by the Commission or its authorized 
26 
representatives, copies of such written authority, contracts, vouchers, invoices and 
27 
other records and documents relative to said expenditures for a period of five (5) 
28 
years after the date of the election to which they pertain.  
29 
SEC. 125.The Campaign Finance Office - There shall be a Campaign Finance 
30 
Office (CFO) within the Commission which shall be headed by a director who possesses 
31 
proven competence in the field of law, accounting, and auditing: Provided, That, the 
32 
director shall be aided by such number of lawyers, accountants, auditors, and 
33 
investigators as may be necessary to carry out the mandate of the CFO.  
34 
The CFO shall be tasked to enforce and administer all laws, rules, and 
35 
regulations relative to campaign finance, contributions, and expenditures.  
36 
SEC. 126.Random Audit of Contributions and Expenditures - The Commission 
37 
shall establish the necessary procedure for the random audit of the campaign 
38 
contributions and expenditures of candidates. It shall be the responsibility of the CFO 
39 


68 
 
to undertake such random audit: Provided, That the director of the CFO may deputize 
1 
the office of the provincial election supervisor to conduct the random audit of the 
2 
campaign contributions and expenditures of local, barangay, and Sangguniang 
3 
Kabataan candidates: Provided further, That the Commission, through the CFO, shall 
4 
provide the office of the provincial election supervisor with adequate technical support 
5 
for the random audit including the detail or assignment thereto of auditors, 
6 
accountants, and investigators in such number as may be necessary to complete the 
7 
random audit within six (6) months after the day of the elections. 
8 
The Commission shall likewise enlist the assistance of colleges, universities, 
9 
accredited civic organizations, citizen’s arms, and election watchdogs in the conduct 
10 
of the random audit of the candidates’ campaign contributions and expenditures. 
11 
 
12 
CHAPTER IV 
13 
IN-COUNTRY VOTING FOR THE NATIONAL AND LOCAL ELECTIONS 
14 
 
15 
Article 11 
16 
The Hybrid Election System 
17 
SEC. 127.Declaration of Policy. - It is the policy of the State to ensure free, 
18 
orderly, honest, peaceful, credible and informed elections, plebiscite, referenda, recall, 
19 
and other similar electoral exercises by improving on the election process and adopting 
20 
systems, which shall involve the use of a hybrid election system that will ensure the 
21 
secrecy and sanctity of the ballot and all election, consolidation and transmission 
22 
documents in order that the process shall be transparent and credible and that the 
23 
results shall be fast, accurate, and reflective of the genuine will of the people. The 
24 
hybrid election system shall be a combination of the automated election system and 
25 
the manual election system to ensure transparency and credibility of the electoral 
26 
processes.  
27 
SEC. 128.Applicability of the Hybrid Election System. - The hybrid elections 
28 
system set forth in this article shall be applicable to the May 2025 elections and all 
29 
national, local, and Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) 
30 
elections thereafter.  
31 
SEC. 129.Authority to use a Hybrid Election System. - To carry out the above-
32 
stated policy, the Commission is hereby authorized to use a hybrid election system or 
33 
systems in the same election in different provinces. The system shall be a combination 
34 
of the automated election system and the manual counting system through a paper-
35 
based election system for the process of voting, counting of votes and 
36 
canvassing/consolidation and transmittal of results of the electoral exercises: 
37 
Provided, That the hybrid election system need not be implemented for overseas 
38 
voting.  
39 


69 
 
SEC. 130.The Advisory Council. - The Commission shall create an Advisory 
1 
Council which shall be convened not later than eighteen (18) months prior to the next 
2 
scheduled electoral exercise, and deactivated six months after completion of 
3 
canvassing. 
4 
The Advisory Council shall be composed of the following members, who must 
5 
be registered Filipino voters, of known independence, competence, and probity: 
6 
(a) Secretary of the Department of Information and Communications Technology 
7 
(DICT) who shall act as the chairperson of the council; 
8 
(b) The respective chairpersons of the Senate Committee on Electoral Reforms and 
9 
People’s Participation and the House of Representatives Committee on Suffrage 
10 
and Electoral Reforms who shall act as ex officio members; 
11 
(c) One member for the Department of Science and Technology; 
12 
(d) One member from the Department of Education; 
13 
(e) One member representing the academe, to be selected by the chairperson of 
14 
the Advisory Council from among the list of nominees submitted by the 
15 
country’s academic institutions; 
16 
(f) Three members representing information and communications technology 
17 
(ICT) professional organizations to be selected by the chair of the Advisory 
18 
Council from among the list of nominees submitted by Philippines-based ICT 
19 
professional organization. Nominees shall be individuals, at least one of whom 
20 
shall be experience in managing or implementing large-scale information 
21 
technology projects; and 
22 
(g) Two members representing nongovernmental electoral reform organizations, 
23 
to be selected by the chair of the Advisory Council from among the list of 
24 
nominees submitted by the country's nongovernmental electoral reform 
25 
organizations.  
26 
Three observers, representing the accredited citizen’s arm of the Commission, 
27 
and the dominant majority and minority parties as determined by the Commission 
28 
during the immediately preceding election, shall be invited during meetings of the 
29 
Advisory Council. The observers shall be allowed to gather information: Provided, That 
30 
they shall not disrupt or obstruct the proceedings of the Advisory Council or 
31 
countermand its decisions. 
32 
A person who is affiliated with any political party or candidate for any national 
33 
position, or is related to a candidate for any national position by affinity or 
34 
consanguinity within the fourth civil degree, shall not be eligible for appointment or 
35 
designation to the Advisory Council. Should any such situation arise at any time during 
36 
the incumbency of a member, the designation or appointment of that member, shall 
37 
ipso facto be terminated. 
38 


70 
 
Any member of the advisory council is prohibited from engaging, directly or 
1 
indirectly, with any entity that advocates, markets, imports, produces or in any manner 
2 
handles software, hardware or any equipment that may be used for election purposes 
3 
for personal gain. 
4 
Any violation of the two immediately preceding paragraphs shall disqualify said 
5 
member from the Advisory Council and shall be punishable as provided in this Act and 
6 
shall be penalized in accordance with the Anti-Graft and Corrupt Practices Act and 
7 
other related laws. 
8 
The council may avail itself of the expertise and services of resource persons 
9 
who are known independence, competence and probity, are nonpartisan, and do not 
10 
possess any of the disqualifications applicable to a member of the Advisory Council as 
11 
provided herein. The resource persons shall also be subject to the same prohibitions 
12 
and penalties as the members of the Advisory Council. 
13 
The DICT shall include in its annual appropriation the funds necessary to enable 
14 
the Council to effectively perform its functions. 
15 
SEC. 131.Functions of the Advisory Council. - the Council shall have the 
16 
following functions: 
17 
(a) Recommend the most appropriate, secure, applicable and cost-effective 
18 
technology to be applied in the hybrid election system, in whole or in part, at 
19 
that specific form in time. 
20 
(b) Participate as non-voting members of the Bids and Awards Committee in the 
21 
conduct of the bidding process for the automated election system component.  
22 
(c) Participate as non-voting members of the steering committee tasked with the 
23 
implementation of the hybrid election system.  
24 
(d) Provide advice and assistance in the review of the systems planning, inception, 
25 
development, testing, operationalization, and evaluation stages. 
26 
(e) Provided advice and/or assistance in the identification, assessment and 
27 
resolution of systems problems or inadequacies as may surface or resurface in 
28 
the course of the bidding, acquisition, testing, operationalization, re-use, 
29 
storage or disposition of the equipment and/or resources, as the case may be, 
30 
to be used in the automated election component of the election system. 
31 
(f) Provided advice and/or assistance in the risk management of the automated 
32 
election system especially when a contingency or disaster situation arises. 
33 
(g) Prepare and submit a written report, which shall be submitted within six months 
34 
from the date of the election to the oversight committee, evaluating the use of 
35 
the hybrid election system. 
36 


71 
 
Nothing in the role of the Council or any outside intervention or influence shall 
1 
be construed as an abdication or diminution of the Commission's authority and 
2 
responsibility for the effective development, management and implementation of the 
3 
hybrid election system and this Code. 
4 
The Advisory Council shall be entitled to a just and reasonable amount of per 
5 
diem allowances and/or honoraria to cover the expenses of the services rendered 
6 
chargeable against the budget of the Commission.  
7 
SEC. 132.The Technical Evaluation Committee. - The Commission, in 
8 
collaboration with the chairperson of the Advisory Council, shall establish an 
9 
independent technical evaluation committee, composed of a representative each from 
10 
the Commission, the Department of Science and Technology, and the Department on 
11 
Information and Communications Technology who shall act as chairperson of the 
12 
Committee. 
13 
The Technical Evaluation Committee shall be immediately convened within 
14 
thirty (30) days after the effectively of this Code.  
15 
SEC. 133.Functions of the Technical Evaluation Committee. - The Committee 
16 
shall certify, through an established international certification entity to be chosen by 
17 
the Commission from the recommendations of the Advisory Council, not later than 
18 
three months before the date of the electoral exercises, categorically stating that the 
19 
automated election system component of the hybrid election system, including its 
20 
hardware and software components, is operating properly, securely, and accurately, 
21 
in accordance with the provisions of this Act based, among others, on the following 
22 
documented results: 
23 
(a) The successful conduct of a field-testing process followed by a mock election 
24 
event in one or more cities/municipalities; 
25 
(b) The successful completion of audit on the accuracy, functionally and security 
26 
controls of the automated election software; 
27 
(c) The successful completion of a source code review; 
28 
(d) A certification that the source code is kept in escrow with the Bangko Sentral 
29 
ng Pilipinas; 
30 
(e) A certification that the source code reviewed is one and the same as that used 
31 
by the equipment; and  
32 
(f) The development, provisioning, and operationalization of a continuity plan to 
33 
cover risks to the automated election system at all points in the process such 
34 
that a failure of elections, whether at voting, counting or consolidation, may be 
35 
avoided. 
36 
The Technical Evaluation Committee may avail itself of the expertise and service 
37 
of resource persons who are of known independence, competence and probity, are 
38 


72 
 
not partisan, and who do not possess any of the disqualification applicable to a 
1 
member of the Advisory Council as provided herein. The resource persons shall also 
2 
be subject to the same prohibitions and penalties as the members of the Advisory 
3 
Council. 
4 
The Technical Evaluation Committee shall closely coordinate with the steering 
5 
committee of the Commission tasked with the implementation of the hybrid election 
6 
system in the identification and agreement of the project deliverables and timelines, 
7 
and in the formulation of the acceptance criteria for each deliverable.  
8 
SEC. 134.Minimum System Capabilities. - The automated election system 
9 
component of the hybrid election system must at least have the following functional 
10 
capabilities: 
11 
(a) Adequate security against unauthorized access, penetration, and intervention: 
12 
(b) Accuracy in recording and reading of votes as well as in the tabulation, 
13 
consolidation/canvassing, electronic transmission, and storage of results; 
14 
(c) Error recovery in case of non-catastrophic failure of device; 
15 
(d) System integrity which ensures physical stability and functioning of the vote 
16 
recording and counting process; 
17 
(e) Provision for voter verified paper audit trail; 
18 
(f) System auditability which provides supporting documentation for verifying the 
19 
correctness of reported election results; 
20 
(g) An election management system for preparing ballots and programs for use in 
21 
the casting and counting of votes and to consolidate, report and display election 
22 
result in the shortest time possible; 
23 
(h) Accessibility to illiterates and PWD voters; 
24 
(i) Vote tabulating program for election, referendum or plebiscite; 
25 
(j) Accurate ballot counters; 
26 
(k) Data retention provision; 
27 
(l) Provide for the safekeeping, storing and archiving of physical or paper resource 
28 
used in the election process; 
29 
(m) Utilize or generate official ballots as herein defined; 
30 
(n) Provide the voter a system of verification to find out whether or not the 
31 
machine has registered his choice; 
32 
(o) Configure access control for sensitive system data and function; and 
33 
(p) Capable of producing a perfect correlation between the ballot count and the 
34 
votes reflected in the voter verified paper audit trail. 
35 


73 
 
In the procurement of this system, the Commission shall develop and adopt an 
1 
evaluation system to ascertain that the above minimum system capabilities are met. 
2 
This evaluation system shall be developed with the assistance of an advisory council.  
3 
SEC. 135.Communication Channels for Electronic Transmissions. - All 
4 
electronic transmissions by and among the automated election system and its related 
5 
components shall utilize secure communication channels as recommended by the 
6 
Advisory Council, to ensure authentication and integrity of transmission.  
7 
SEC. 136.Procurement of Equipment and Materials. - To achieve the purpose 
8 
of this Code, the Commission is authorized to procure, in accordance with existing 
9 
laws, by purchase, lease, rent or other forms of acquisition, supplies, equipment, 
10 
materials, software, facilities, and other service, from local or foreign sources free 
11 
from taxes and import duties, subject to accounting and auditing rules and regulation. 
12 
With respect to the May 2025 elections and succeeding electoral exercises, the system 
13 
procured must have demonstrated capability and been successfully used in a prior 
14 
electoral exercise here or board. Participation in pilot exercises shall not be conclusive 
15 
of the fitness of the system. 
16 
In determining the amount of any bid from a technology, software or equipment 
17 
supplier, the cost to the government of its deployment and implementation shall be 
18 
added to the bid price as integral thereto. The value of any alternative use to which 
19 
such technology, software or equipment can be put for public use shall not be 
20 
deducted from the original face value of the said bid. 
21 
Notwithstanding the requirement under Section 23.4.1.3 of the implementing 
22 
rules and regulations of Republic Act No. 9184, for the sole purpose of procuring 
23 
supplies, equipment, materials, software, facilities, and other automated elections 
24 
services, under this Code, the prospective bidder must have either completed within 
25 
the period specified in the invitation to bid, a single largest completed contract that is 
26 
similar to the contract to be bid, and whose value, adjusted to current prices using 
27 
the Philippine Statistics Authority Consumer Price Indices, must at least be fifty percent 
28 
(50%) of the approved budget of contract or with proven financial, technical, and 
29 
organizational capacity to conduct such exercise so as to ensure that the bidding and 
30 
procurement shall not unreasonably limit competition and inequitably bar participation 
31 
of capable suppliers, manufacturers, distributors, and service providers.  
32 
SEC. 137.Continuity Plan. - The automated election system component shall 
33 
be so designed to include a continuity plan in case of a systems breakdown or any 
34 
such eventuality which shall result in the delay, obstruction or nonperformance of the 
35 
electoral process. Activation of such continuity and contingency measures shall be 
36 
undertaken in the presence of representatives of political parties and citizen's arm of 
37 
the Commission who shall be notified by the election officer of such activation. 
38 


74 
 
All duly registered political parties and party-list groups shall be furnished 
1 
copies of said continuity plan at their official addresses as submitted to the 
2 
Commission. The list shall be published in at least two newspapers of national 
3 
circulation and shall be posted at the website of the Commission at least fifteen (15) 
4 
days prior to the electoral activity concerned.  
5 
SEC. 138.Examination and Testing of Equipment or Device of the AES and 
6 
Opening of the Source Code for Review. - The Commission shall allow the political 
7 
parties and candidates or their representatives, citizens' arm or their representatives 
8 
to examine and test the equipment or device to be used in the voting and counting 
9 
on the day of the electoral exercise, before voting starts. Test ballots and test forms 
10 
shall be provided by the Commission. 
11 
Immediately after the examination and testing of the equipment or device, 
12 
parties and candidates or their representatives, citizen's arms or their representatives, 
13 
may submit a written comment to the election officer who shall immediately transmit 
14 
it to the Commission for appropriate action. 
15 
The election officer shall keep minutes of the testing, a copy of which shall be 
16 
submitted to the Commission together with the minute of voting. 
17 
SEC. 139.Stakeholder education and training. - The Commission shall, not later 
18 
than six months before the hybrid elections, undertake a widespread stakeholder 
19 
education and training program, through newspaper of general circulation, radio, 
20 
television and other media forms, as well as through seminars, symposia, fora and 
21 
other nontraditional means, to educate the public and fully inform the electorate about 
22 
the new system and inculcate values on honest, peaceful, orderly and informed 
23 
elections.  
24 
Such program shall ensure the acceptance and readiness of the following 
25 
stakeholders to understand and appreciate the benefits of the Hybrid Election System: 
26 
(1) General public/voters; 
27 
(2) Commission's staff; 
28 
(3) Department of Education, Department of Finance (municipal, city and provincial 
29 
treasurers) and all other government agencies who will play a role in the 
30 
electoral exercise; 
31 
(4) Local government officials (provincial, municipal, barangay levels) ; 
32 
(5) Incumbent elected officials in the legislative and executive departments; 
33 
(6) Political parties and candidates; 
34 
(7) Members of the military and police. 
35 
The general public or voters training will focus on building the capability to use 
36 
the hybrid election system to cast their vote, as well as general appreciation of such 
37 


75 
 
system. All other stakeholders mentioned above will receive additional information in 
1 
order to build a deeper understanding of the voting, counting, canvassing procedures, 
2 
so that they may act as advocates of the hybrid election system.   
3 
SEC. 140.Joint Congressional Oversight Committee. - An Oversight Committee 
4 
is hereby created composed of seven members each from the Senate and the House 
5 
of Representatives, four of whom shall come from the majority and three from the 
6 
minority, to monitor and evaluate the implementation of this hybrid election system. 
7 
A written report to the Senate and the House of Representatives shall be submitted 
8 
by the Advisory Council within six months from the date of election. The oversight 
9 
committee shall conduct a mandatory review of the hybrid election system every 
10 
twelve (12) months from the date of the last regular national or local elections.   
11 
 
12 
Article 12 
13 
Elections of National and Local Officials 
14 
SEC. 141.Regular election for President and Vice-President. - The next regular 
15 
election for President and Vice-President of the Philippines shall be held on the second 
16 
Monday of May 2028 and on the same day every six years thereafter. The President-
17 
elect and the Vice-President-elect shall assume office at twelve o'clock noon on the 
18 
thirtieth day of June next following the election and shall end at noon of the same 
19 
date, six years thereafter when the term of his or her successor shall begin. 
20 
SEC. 142.Regular election of Members of the Senate. - The next regular 
21 
election of the Members of the Senate whose present term of office shall end on June 
22 
30, 2025 shall be on the second Monday of May 2025 and on the same day every six 
23 
years thereafter. The next regular election of the Members of the Senate whose 
24 
present term of office shall end on June 30, 2028 shall be on the second Monday of 
25 
May 2028 and on the same day every six years thereafter. 
26 
SEC. 143.Regular election of the Members of the House of Representatives. - 
27 
The next regular election for the Members of the House of Representatives 
28 
representing the various legislative districts of the Philippines and the Members of the 
29 
House of Representatives voted through the party-list system shall be held on the 
30 
second Monday of May 2025 and on the same day every three years thereafter. 
31 
SEC. 144.Manner of Voting for Members of Senate. - Candidates for Senator 
32 
shall be voted at large by registered voters both within and without the Philippines. 
33 
The candidates corresponding to the number of Senators to be elected who receive 
34 
the highest number of votes shall be declared elected.  
35 
SEC. 145. Manner of Voting for the Members of the House of Representatives. 
36 
– Every voter shall be entitled to three (3) votes: the first is a vote for a candidate for 
37 
Member of the House of Representatives in his or her legislative district; the second, 
38 
a vote for the political party or coalition he or she wants represented in the House of 
39 


76 
 
Representatives; and the third, a vote for the sectoral party or organization he or she 
1 
wants represented in the House of Representatives: Provided, that a vote cast for a 
2 
party, sectoral organization, or coalition not entitled to be voted for shall not be 
3 
counted  
4 
The Commission shall undertake the necessary information campaign for 
5 
purposes of educating the electorate on the matter of the party-list system.  
6 
SEC. 146.Composition and Apportionment of the Members of the House of 
7 
Representatives. - The apportionment of district representatives prior to the effectivity 
8 
of this Code shall be retained: Provided, That any province that may hereafter be 
9 
created or any component city that may hereafter be declared by or pursuant to law 
10 
as a highly urbanized city shall be entitled in the immediately following election to at 
11 
least one Member or such number of Members as it may be entitled to on the basis 
12 
of the number of the inhabitants and on the same uniform and progressive ratio used 
13 
in the last preceding apportionment: Provided further, That the number of Members 
14 
apportioned to the province out of which the new province was created or where the 
15 
new highly urbanized city is geographically located shall be correspondingly adjusted 
16 
by the Commission, but such adjustment shall not be made within one hundred twenty 
17 
days before the election: Provided finally, That the corresponding adjustments shall 
18 
be made to the number of party-list representatives which shall constitute twenty per 
19 
centum (20%) of the total number of the members of the House of Representatives 
20 
including those under the party-list.  
21 
The classification of groups under the party-list system, as well as the allocation 
22 
of the seats therefor, shall be in accordance with Article 6 of this Code.  
23 
SEC. 147.Regular elections of local officials. – Except as otherwise provided in 
24 
this Code, the election of regional, provincial, city, and municipal officials shall be held 
25 
throughout the Philippines in the manner herein prescribed on the second Monday of 
26 
May 2025 and on the same day every three years thereafter.  
27 
The elective members of the Sangguniang Panlalawigan, Sangguniang 
28 
Panlungsod, and Sangguniang Bayan shall be elected as follows: 
29 
(a) For provinces with two (2) or more legislative districts, the elective members 
30 
of the Sangguniang Panlalawigan shall be elected by legislative districts. For 
31 
this purpose, the number of seats shall be apportioned equitably: Provided, 
32 
That if equal division is not possible, the remaining member or members shall 
33 
be elected in the district or districts with the greater number of population or, 
34 
if they be the same, with the greater number of voters: Provided further, That 
35 
if a legislative district includes a city that does not vote in the election of 
36 
provincial officials, the Commission shall allocate the number of seats among 
37 
the districts in proportion to the population of the constituencies voting for the 
38 
Sangguniang Panlalawigan;  
39 


77 
 
(b) For provinces with only one (1) legislative district, the Commission shall divide 
1 
them into two (2) districts for purposes of electing the members of the 
2 
Sangguniang Panlalawigan, as nearly as practicable according to the number 
3 
of inhabitants, each district comprising a compact, contiguous and adjacent 
4 
territory, and the number of seats of elective members of their respective 
5 
sanggunian shall be equitably apportioned between the districts in accordance 
6 
with the immediately preceding paragraph;  and 
7 
(c) The composition, number, and election of elective members of the 
8 
Sangguniang Panlungsod and Sangguniang Bayan of the various cities and 
9 
municipalities already existing prior to the effectivity of this Code shall remain 
10 
operative. For every new city or municipality henceforth established, the 
11 
members of the Sangguniang Panlungsod or Sangguniang Bayan thereof shall 
12 
be elected at large by the registered voters of the city or municipality concerned 
13 
unless otherwise provided for by a special law. 
14 
 
15 
Article 13 
16 
Polling Places 
17 
SEC. 148.Polling place. - A polling place is the place where the Electoral Board 
18 
conducts its proceedings and where the voters shall cast their votes.  
19 
A voting center refers to the building or place where the polling place is located.  
20 
SEC. 149.Designation of polling places. - The location of polling places 
21 
designated in the preceding regular election shall continue: Provided, That registered 
22 
political parties and candidates shall be informed of any changes that will be made by 
23 
the Commission: Provided, further, That no location shall be changed within forty-five 
24 
days before a regular election and thirty days before a special election or a referendum 
25 
or plebiscite, except in case it is destroyed or it cannot be used. 
26 
SEC. 150.Requirements for polling places. - Each polling place shall be, as far 
27 
as practicable, a ground floor, and shall be of sufficient size to admit and comfortably 
28 
accommodate forty voters at one time outside the guard rail for the electoral board. 
29 
The polling place shall be located within the territory of the precinct and as centrally 
30 
as possible with respect to the residence of the voters therein. Whenever possible, 
31 
such location shall be along a public road. No designation of polling places shall be 
32 
changed except upon written petition of the majority of the voters of the precinct or 
33 
agreement of all the political parties or by resolution of the Commission upon prior 
34 
notice and hearing.  
35 
A public building having the requirements prescribed in the preceding 
36 
paragraph shall be preferred as polling place.  
37 


78 
 
SEC. 151. Building that shall not be used as polling places. - No polling place 
1 
shall be located in a public or private building owned, leased, or occupied by any 
2 
candidate or of any person who is related to any candidate within the fourth civil 
3 
degree of consanguinity or affinity, or any officer of the government or leader of any 
4 
political party, sectoral party, sectoral organization, group or faction, nor in any 
5 
building or surrounding premises under the actual control of a private entity, political 
6 
party, sectoral party, sectoral organization, or religious organization. In places where 
7 
no suitable public building is available, private school buildings may be used as polling 
8 
places. No polling place shall be located within the perimeter of or inside a military or 
9 
police camp or reservation or within a prison compound.  
10 
Any registered voter, candidate, registered political party, sectoral party, or 
11 
sectoral organization may petition the Commission not later than thirty days before 
12 
the start of the election period for the transfer of the polling place from the prohibited 
13 
buildings provided herein. Such petition shall be heard and decided by the Commission 
14 
within twenty days from the filing of the petition. Failure to effect the transfer of the 
15 
polling place after the Commission found it to be located in violation of this section 
16 
within the period prescribed herein shall be a ground for the postponement of the 
17 
election in the polling place concerned.  
18 
SEC. 152.Signs and flags of polling places. - On the day of the voting as well 
19 
as on any day that the electoral board might meet, every polling place shall have in 
20 
front a sign showing the number of the precinct to which it belongs and the Philippine 
21 
flag shall be hoisted at the proper height. 
22 
SEC. 153.Arrangement and contents of polling places. - Each polling place shall 
23 
conform as much as possible to the layout prescribed by the Commission, taking into 
24 
account the requirements under this Article. 
25 
 
SEC. 154.Polling places for Persons with Disabilities and Senior Citizens. - In 
26 
every voting center, the Commission shall designate and establish accessible polling 
27 
places, as defined in Section 5 of this Code, for the exclusive use of PWDs, senior 
28 
citizens, and pregnant women in such number as may be sufficient to ensure an 
29 
expedient, safe, and comfortable voting process. No prior manifestation shall be 
30 
required in order that the persons mentioned herein may avail of their right to vote in 
31 
accessible polling places. 
32 
 
33 
SEC. 155.Emergency Accessible Polling Places. - During election day, the 
34 
Commission shall designate rooms or makeshift or temporary polling places at 
35 
residences for senior citizens, jails, prison facilities or detention centers, quarantine 
36 
facilities, hospital facilities, areas with a substantial number of IDPs, remote areas, 
37 
and in such other places as may be necessary to ensure an efficient and expeditious 
38 
voting process for senior citizens, PWDs, pregnant women, IDPs, PDLs, IPs, 
39 
hospitalized or quarantined persons, healthcare workers on duty, and qualified 
40 
repatriated overseas voters. 
41 
 
42 


79 
 
The Commission shall ensure that, as far as practicable, and insofar as may be 
1 
necessary, the Emergency Accessible Polling Places (EAPP) shall have the same 
2 
features and shall offer the same assistive services as those found in Accessible Polling 
3 
Places and that the voting procedure in the EAPPs, including the facilities and 
4 
materials, is adequate, appropriate, accessible, and easy to understand and use, and 
5 
that reasonable accommodation shall be granted to the persons mentioned in the 
6 
preceding paragraph so that they may fully exercise their right of suffrage.  
7 
 
8 
SEC. 156.Duty of the Commission to ensure secrecy. – The Commission shall 
9 
prescribe the specifications and layout of the polling places to ensure that adequate 
10 
measures are in place to enable the voters to fill out their ballots secretly and that the 
11 
secrecy of the ballot is preserved. Such measures shall include the use of voting booths 
12 
in such number, size, specifications, and materials as the Commission may prescribe. 
13 
SEC. 157.Guard rails. - 
14 
(a) In every polling place there shall be a guard rail between the area where the 
15 
voters shall fill out their ballots and the table for the electoral board which shall 
16 
have a separate entrance and exit. The polling place shall be laid out in such a 
17 
manner that voting booths can be accessible only by passing through the guard 
18 
rail and by entering through its open side facing the table of the electoral board.  
19 
(b) There shall also be a guard rail for the watchers between the place reserved 
20 
for them and the table for the electoral board and at such a distance from the 
21 
latter that the watchers may see and read clearly during the counting of the 
22 
contents of the ballots and see and count the votes recorded by the electoral 
23 
board member on the corresponding tally sheets.  
24 
(c) There shall also be, if possible, guard rails separating the table of the electoral 
25 
board from the voters waiting for their turn to cast their votes, with entrance 
26 
and exit to give them orderly access to the table and the booths during the 
27 
voting. 
28 
(d) The polling place shall be so arranged that the booths, the table for the electoral 
29 
board, the ballot boxes, and the whole polling place, except what is being 
30 
written within the booths, shall be in plain view of the electoral board, the 
31 
watchers, and other persons who may be within the polling place. 
32 
(e) The Commission is hereby authorized to make the necessary adjustments to 
33 
the guidelines set forth in this Section for polling places designated exclusively 
34 
for persons with disabilities and senior citizens, as well as for emergency 
35 
accessible polling places, to the end that the safety and comfort of the voters 
36 
therein are enhanced, that they are able to fill out their ballots secretly, and 
37 
that the secrecy of the ballots is preserved. 
38 


80 
 
SEC. 158. Ballot boxes. - There shall be in each polling place on the day of the 
1 
voting a ballot box with such safety features that the Commission may prescribe and 
2 
of such size as to accommodate the official ballots.  
3 
SEC. 159. Tally boards. - At the beginning of the counting, there shall be 
4 
placed within the plain view of the electoral board, watchers, and the public, a tally 
5 
board where the names of all the registered candidates or the issues or questions to 
6 
be voted upon shall be written. During the manual counting of votes, the poll clerk 
7 
shall record thereon the votes received by each of the candidate or question to be 
8 
voted on as the chairman of the electoral board reads the ballot.  
9 
SEC. 160.Furnishing of ballot boxes, forms, stationeries and materials for 
10 
election. - The Commission shall prepare and furnish the ballot boxes, forms, 
11 
stationeries and materials necessary for the registration of voters and the holding of 
12 
the election.  
13 
The provincial, city and municipal treasurer shall have custody of such election 
14 
paraphernalia, supplies and materials as are entrusted to him under the law or rules 
15 
of the Commission and shall be responsible for their preservation and storage, and for 
16 
any loss, destruction, impairment or damage of any election equipment, material or 
17 
document in their possession furnished under this Code. 
18 
SEC. 161.Inspection and audit of polling places. - Before the day of the 
19 
election, referendum or plebiscite, the Chairman of the Commission shall, through its 
20 
authorized representatives, see to it that all polling places are inspected and such 
21 
omissions and defects as may be found corrected. The Commission shall keep the 
22 
reports on these inspections. 
23 
SEC. 162.Polling places for Persons Deprived of Liberty. - The Commission 
24 
shall establish special polling places in an area inside the jail facility or detention center 
25 
with sufficient space to accommodate at least ten (10) voters at a given time.  The 
26 
physical set-up of such special polling places shall be similar to regular polling places, 
27 
except for the necessary modifications which the Commission, in coordination with the 
28 
management of the jail facility or detention center, shall institute in the interest of 
29 
safety and order. 
30 
Article 14 
31 
The Electoral Board 
32 
SEC. 163.Composition and appointment of the electoral board. - At least 
33 
fifteen days before the start of the campaign period for national candidates, the 
34 
Commission shall, directly or through its duly authorized representatives, constitute 
35 
an electoral board for each clustered precinct to be composed of a chairman, a poll 
36 
clerk, and a third member.  In all cases, the Commission shall ensure that at least one 
37 
(1) member of the electoral board is an information-technology capable person trained 
38 
for the purpose and certified as such by the Department of Science and Technology. 
39 


81 
 
As far as practicable, women electoral board members may not be assigned in areas 
1 
with security concerns, far-flung barangays, or areas likely to cause gender-based 
2 
violence or harm.  
3 
SEC. 164.Oath of the members of the electoral board. - The members of the 
4 
electoral board shall, before assuming their office, take and sign an oath upon forms 
5 
prepared by the Commission, before an officer authorized to administer oaths or, in 
6 
his absence, before any other member of the electoral board present, or in case no 
7 
one is present, they shall take it before any voter. The oaths shall be sent immediately 
8 
to the city or municipal treasurer.  
9 
SEC. 165. Qualifications of members of the electoral board. - No person shall 
10 
be appointed chairperson or member of the electoral board, whether regular, 
11 
temporary, or as a substitute, unless he or she is: 
12 
(a) A registered voter in the city or municipality; 
13 
(b) Of good moral character and irreproachable reputation; 
14 
(c) Has never been convicted of any election offense or of any crime punishable 
15 
by more than six (6) months of imprisonment; and 
16 
(d) Able to speak and write Filipino, English, or the local dialect.  
17 
SEC. 166. Disqualification. - No person shall serve as chairperson or member 
18 
of the electoral board if he or she is related within the fourth civil degree of 
19 
consanguinity or affinity to any other member of the same electoral board or to any 
20 
candidate to be voted for in the polling place or any nominee of a party-list group or 
21 
such candidate’s or nominee’s spouse.  
22 
SEC. 167.Posting of the List of Members of the Board; Opposition. - A day 
23 
after the constitution of the electoral board, the list of the constituted members and 
24 
substitutes shall be posted for five (5) days on the bulletin boards in the office of the 
25 
election officer and in the city or municipal hall.  
26 
Within three (3) days from the posting of the list of appointed members of the 
27 
electoral board or the posting of the final list of candidates, whichever comes later, 
28 
any interested party may file a written opposition under oath against any appointed 
29 
or substitute member of the electoral board at the office of the election officer. Within 
30 
seven (7) days from receipt of the opposition, the election officer shall resolve the 
31 
opposition in writing. The Commission shall prescribe the procedure which the election 
32 
officer shall observe in these cases  
33 
SEC. 168.Right of Preference of Public School Teachers; Order of Preference. 
34 
–  
35 
(A) In the appointment of the members of the electoral boards, the Commission shall 
36 
give preference to public school teachers who are qualified, willing, and available 
37 
to render election service. For this purpose, the highest official of the Department 
38 


82 
 
of Education or Ministry of Basic, Higher, and Technical Education of the 
1 
Bangsamoro Autonomous Region in Muslim Mindanao, as the case may be, in the 
2 
district, city, or municipality shall submit to the election officer a certified list of 
3 
public school teachers who are qualified, willing, and available to render election-
4 
related service within five (5) days upon request, based on the projected number 
5 
of precincts. Those with permanent appointments and those who served in 
6 
previous elections shall be given preference.  
7 
(B) In case there are not enough public-school teachers who are qualified, willing, 
8 
and available to serve as members of the electoral board based on the certified 
9 
list mentioned in the preceding section, the Commission shall appoint the following 
10 
persons who shall likewise be qualified, willing, and available to render election 
11 
related service, in the following order: 
12 
(1) Private school teachers, giving preference to those employed in private 
13 
schools being utilized as voting centers, those who are teaching in high 
14 
school or college level and are holding regular positions, or those who have 
15 
previously served as member of the electoral board.   
16 
(2) National government employees except personnel of the Department of 
17 
National Defense, any of its attached agencies, and personnel of the 
18 
Philippine National Police, except in cases provided for under Section 173 of 
19 
this Code. 
20 
(3) Members of citizens’ arms of Civil Society Organizations and Non-
21 
government Organizations duly accredited by the Commission; and 
22 
(4) A registered voter of the city or municipality subject to additional 
23 
qualifications and disqualifications as the Commission may prescribe. 
24 
The highest ranking officials of the private schools, the highest official ranking 
25 
officials of national government agencies, and the highest officer of the local chapter 
26 
of the Commission-accredited citizens’ arms and non-government organizations in the 
27 
district, city, or municipality concerned, shall, within five (5) days from service of a 
28 
written request, submit to the election officer a certified list of their respective 
29 
personnel who are qualified, willing, and available to render election-related service.  
30 
The Commission shall provide, free of charge, an application form, which shall 
31 
be available in the office of the election officer, for any registered voter who intends 
32 
to be appointed as a member of the election registration board. The Commission shall 
33 
likewise set the deadline for the filing of such application form.  
34 
SEC. 169.Powers and functions of the electoral board. - The electoral board 
35 
shall have the following powers and functions:  
36 
(a) Conduct the hybrid voting and counting of votes in their respective polling 
37 
places; 
38 


83 
 
(b) Tally and compare the machine generated and manually counted votes; 
1 
(c) Render report on the comparative analysis of votes counted by the machine 
2 
and those counted manually; 
3 
(d) Act as deputies of the Commission in the supervision and control of the election 
4 
in the polling places wherein they are assigned, to assure the holding of the 
5 
same in a free, orderly and honest manner; and  
6 
(e) Perform such other functions prescribed by this Code or by the rules and 
7 
regulations promulgated by the Commission. 
8 
SEC. 170.Voting privilege of members of the electoral board. – Members of 
9 
the electoral board may vote in the polling place where they are assigned on election 
10 
day: Provided, That they are registered voters of the same legislative/councilor district 
11 
and the same city or municipality where they are assigned. In such case, said member 
12 
or members of the electoral board shall write their names and precinct numbers in the 
13 
certified list of voters and note such fact in the minutes.  
14 
Any member of the electoral board who is a registered voter of another 
15 
legislative/councilor district within the same city or municipality may vote in the polling 
16 
place where he or she is actually registered provided that: 
17 
(a) The voting in the place of assignment is light; 
18 
(b) His or her absence shall not be for more than thirty (30) minutes; 
19 
(c) He or she must be given priority in voting; and 
20 
(d) The fact that he or she exercised the voting privilege shall be noted in the 
21 
Minutes.  
22 
In the alternative, the members of the electoral board may avail of other modes 
23 
of voting whenever permitted under the Code.  
24 
SEC. 171.Permanent vacancy in the electoral board. - If a constituted member 
25 
of the electoral board dies, becomes incapacitated to perform his or her duties, or is 
26 
disqualified from serving as such, the election officer shall replace such member from 
27 
the list of substitutes for the clustered precinct concerned. The member who fills a 
28 
permanent vacancy shall be entitled to the full rights, privileges, honoraria, 
29 
allowances, and other benefits as the member whom he or she substituted for.  
30 
SEC. 172.Temporary vacancy in the electoral board. - If, at the time of the 
31 
meeting of the electoral board, any member is absent or a position in the electoral 
32 
board is still vacant, the members present shall call upon the substitute of the absent 
33 
member to perform the duties of the latter. In case such substitute cannot be found, 
34 
the members present shall appoint any qualified non-partisan registered voter of the 
35 
polling place to temporarily fill in the vacancy until the absent member appears or the 
36 
vacancy is filled. In such case, the honoraria and allowances appertaining to the 
37 


84 
 
absent member or the vacant position shall be pro-rated between the person who 
1 
filled in the temporary vacancy and the substitute or original member of the electoral 
2 
board, as the case may be. In no case shall the person filling in the temporary vacancy 
3 
receive less than one half of the honoraria and allowances of the absent member or 
4 
the vacant position. Such person shall likewise have the full rights, privileges, and 
5 
other benefits appertaining to the absent member or vacant position. 
6 
The filling in of the temporary vacancy shall not relieve the absent member and 
7 
those who caused his or her absence from administrative and criminal liability.  
8 
SEC. 173.Deputation of Members of the Philippine National Police (PNP). - 
9 
Uniformed personnel of the PNP who have undergone the necessary trainings and 
10 
have secured the certification from the Department of Science and Technology 
11 
mentioned in Section 163 may be deputized as a member of the electoral board, if the 
12 
following circumstances are present: 
13 
(a) The peace and order situation in the area requires as determined by the 
14 
Commission; and 
15 
(b) There are no other qualified, willing, and available persons to render election 
16 
service in the affected area based on the certification mentioned in Section 168 
17 
(B).  
18 
Where designated electoral boards fail to report on Election Day or retrieve the 
19 
election documents from the City/Municipal Treasurer’s Office/Office of the Election 
20 
Officer due to peace and order situation, the Election Officer may designate Philippine 
21 
National Police personnel as substitute electoral board.   
22 
SEC. 174.Relief of the members of the electoral board. - The members of the 
23 
electoral board shall not be relieved unless disqualified as provided in this Code.  
24 
SEC. 175.Proceedings of the electoral board. - The meetings of the electoral 
25 
board shall be public and shall be held only in the polling place or such other place as 
26 
authorized by the Commission.  
27 
The electoral board shall have full authority to maintain order within the polling 
28 
place and its premises, to keep access thereto open and unobstructed, and to enforce 
29 
obedience to its lawful orders. If any person shall refuse to obey lawful orders of the 
30 
electoral board, or shall conduct himself or herself in a disorderly manner in its 
31 
presence or within its hearing and thereby interrupt or disturb its proceedings, the 
32 
electoral board may issue an order in writing directing any peace officer to remove 
33 
such person from the place where the electoral board is meeting until the adjournment 
34 
of the meeting, but such order shall not be executed as to prevent any person so 
35 
taken into custody from exercising his or her right to vote. Such order shall be 
36 
executed by any peace officer to whom it may be delivered, but if none be present, 
37 
by any other person deputized by the electoral board in writing.  
38 


85 
 
SEC. 176.Prohibition of political activity. - No member of the board of electoral 
1 
board shall engage in any partisan political activity or take part in the election except 
2 
to discharge his duties as such and to vote.  
3 
SEC. 177.Functioning of the electoral board. - The electoral board shall act 
4 
through its chairman, and shall decide without delay by majority vote all questions 
5 
which may arise in the performance of its duties.  
6 
SEC. 178.Support Staff of the Electoral Board. - The Commission may 
7 
authorize the appointment of support staff to assist the electoral board in the 
8 
performance of its duties in such number as may be reasonable and necessary. The 
9 
Commission shall determine the compensation and allowances of such personnel: 
10 
Provided, That such compensation and allowances shall be just and reasonable under 
11 
the circumstances. 
12 
 
13 
Article 15 
14 
Watchers 
15 
SEC. 179.Official watchers of candidates, political parties and other groups. - 
16 
Each candidate, duly registered political party or coalition of political parties, party-list 
17 
group, and duly accredited citizens’ arm, may appoint in every polling place two (2) 
18 
watchers who shall serve alternately. However, candidates for Senator, Member of the 
19 
Sangguniang Panlalawigan, Sangguniang Panlungsod, and Sangguniang Bayan 
20 
belonging to the same party or coalition, shall collectively be entitled to one (1) 
21 
watcher only. 
22 
Other civic, religious, professional, business, service, youth, and any similar 
23 
organizations, with prior authority of the Commission, shall be collectively entitled to 
24 
appoint one (1) watcher in every polling place. 
25 
If the space in a polling place reserved for watchers is insufficient, preference 
26 
shall be given to the watchers of the dominant majority and dominant minority parties, 
27 
as determined by the Commission. Watchers of the citizens’ arm shall be given 
28 
preferential position closest to the Electoral Board.  
29 
SEC. 180.Qualifications of watchers. - No person shall be appointed as watcher 
30 
unless said person: 
31 
(a) Is a registered voter of the city or municipality where such person is assigned; 
32 
(b) Is of good moral character; 
33 
(c) Has not been convicted by final judgment of any election offense or of any 
34 
other offense; 
35 
(d) Knows how to read and write Filipino, English or the prevailing local dialect; 
36 
and 
37 


86 
 
(e) Is not related within the fourth civil degree of consanguinity or affinity to the 
1 
chairperson or any other member of the electoral board in the polling place 
2 
where such person seeks appointment as a watcher.  
3 
SEC. 181.Rights and duties of watchers. - Upon entering the polling place, the 
4 
watchers shall present and deliver to the chairperson of the electoral board their 
5 
appointment and proof that they are registered voters of the city or municipality 
6 
concerned.  Their names shall be recorded in the minutes with a notation under their 
7 
signature that they are qualified under the preceding section of this Code. 
8 
The appointments of the watchers shall bear the personal signature of the 
9 
candidate or the duly authorized representative of the registered political party or 
10 
coalition of political parties, party-list group, accredited citizens’ arm or other 
11 
authorized organization who appointed them. At least fifteen (15) days before election 
12 
day, independent candidates, registered political parties or coalition of political parties, 
13 
party-list groups, accredited citizens’ arm and other organizations authorized by the 
14 
Commission to appoint watchers shall provide the election officer concerned with the 
15 
names and signatures of their representatives authorized to appoint watchers in the 
16 
city or municipality of the polling place.  
17 
The watchers shall have the following rights: 
18 
(a) To stay in the space reserved for them inside the polling place except in the 
19 
instances provided under Section 179;   
20 
(b) To witness and inform themselves of the proceedings of the electoral board;  
21 
(c) To take notes of what they may see or hear; 
22 
(d) To take photographs, images, video, or audio recordings of the proceedings 
23 
and incidents, if any, during the Final Testing and Sealing, counting of votes, 
24 
transmission of results, preparation and printing of election returns: Provided, 
25 
That the secrecy of ballots shall be maintained at all times: Provided further, 
26 
That in no case shall taking of pictures, images, photos, videos, or audio 
27 
recordings be allowed while the voter is shading the ballot or feeding the same 
28 
in the vote counting machine. Violation of this paragraph shall constitute an 
29 
election offense;  
30 
(e) To file a protest against any irregularity or violation of law which they believe 
31 
may have been committed by the electoral board, by any of its members or by 
32 
any person present;  
33 
(f) To obtain from the electoral board a certificate as to the filing of such protest 
34 
and/or of the resolution thereon; 
35 
(g) To obtain from the electoral board a certificate of votes which shall contain the 
36 
number of votes obtained by the candidate, from manual count and automated 
37 
count, respectively, written in words and figures, the number of the precinct, 
38 


87 
 
the name of the city or municipality and the total number of voters who voted 
1 
in the precinct and the date and time issued. The certificate of votes shall be 
2 
signed and thumb marked by each member of the electoral board.   
3 
(h) To have a reasonable opportunity to read the ballots during the manual 
4 
counting of votes, after such ballots shall have been read by the chairperson, 
5 
as well as the election returns, after they shall have been completed and signed 
6 
by the members of the electoral board, without touching either the ballots or 
7 
the election returns; and 
8 
(i) To position themselves near the chairperson of the electoral board while the 
9 
chairperson is publicly announcing the precinct results.   
10 
(j) Watchers are not allowed to speak to any member of the electoral board or to 
11 
any voter or among themselves, in a manner that would disrupt the 
12 
proceedings of the electoral board. 
13 
The watchers representing the dominant majority and dominant minority 
14 
parties, and the citizen’s arm shall, if available, affix their signatures and thumbmarks 
15 
in the election returns for both the manual and automated counts.  
16 
 
17 
Article 16 
18 
The Official Ballots 
19 
SEC. 182. Form and contents of the Official Ballots. - 
20 
(A) Ballots for National, Local, and Bangsamoro Autonomous Region Elections, 
21 
whether regular or special, plebiscites, initiatives, referenda, and recall elections 
22 
shall be paper-based, uniform sized, and shall be prescribed by the Commission, 
23 
taking into account environmental considerations, with a reasonable minimum 
24 
paper size and, as far as practicable, using only recycled paper. They shall be 
25 
printed in black ink on security paper with distinctive, clear, and legible 
26 
watermarks that will readily distinguish it from ordinary paper. Each ballot shall 
27 
bear a serial number and a bar code, which can be scanned for the purpose of 
28 
projecting the digital image of the ballot and for its authentication. It shall bear at 
29 
the top middle portion thereof the Coat-of-Arms of the Republic of the Philippines, 
30 
the word “Official Ballot”, the name of the city or municipality and province in 
31 
which the election is to beheld, and the date of the election.  
32 
(B) The official ballot shall be serially numbered and shall be delivered to, and 
33 
correspond to, specific precincts or cluster of precincts, as the case may be, which 
34 
shall have corresponding and exclusive ballot identification numbers separate from 
35 
the serial number of the individual ballots. For purposes of transparency, the ballot 
36 
identification numbers and the serial number of the ballots corresponding to each 
37 
precinct or cluster of precincts, as the case may be, shall be available for viewing 
38 


88 
 
by interested parties on the Commission’s official website at least five (5) days 
1 
before the elections.  
2 
(C) A digital image of a sample official ballot may be available for viewing and 
3 
downloading from the Commission’s website, minus the security features, and 
4 
actual bar codes for authentication.  
5 
(D) The official ballot shall contain the titles of the positions to be filled and/or the 
6 
positions to be voted upon in an initiative, referendum, or plebiscite. Under each 
7 
position to be filled, the names of candidates shall be arranged alphabetically by 
8 
surname and uniformly indicated using the same type size. The maiden or married 
9 
name shall be listed in the official ballot, as preferred by the female candidate. 
10 
Under each proposition to be voted upon, the choices should be uniformly 
11 
indicated using the same font and size. Opposite the name of the candidate or the 
12 
proposition to be voted upon, as the case may be, shall be a square or rectangle, 
13 
on which the voter will place a single vertical mark to register a vote for such 
14 
candidate or proposition.  
15 
(E) A fixed space where the chairman of the electoral board shall fix his/her signature 
16 
to authenticate the official ballot shall be provided.  
17 
(F) The foregoing provisions notwithstanding, the Commission is hereby authorized 
18 
to prescribe a different form of official ballot on the same watermarked security 
19 
paper to facilitate voting by persons with disabilities and by persons who are 
20 
unable to read or write only. The Commission should use or adopt the latest 
21 
technological and electronic devices in connection therewith, as to enable such 
22 
voters to confirm that the accompanying person truly adhered to the voter’s choice 
23 
of candidates.  
24 
(G) To prevent the use of fake ballots, the Commission through the Technical 
25 
Evaluation Committee, established under Section 132 of this Code, shall ensure 
26 
that the necessary safeguards, such as, but not limited to, bar codes, holograms, 
27 
color shifting ink, micro printing, are provided on the ballot.  
28 
SEC. 183.Printing and distribution of the official ballots. - The printing of the 
29 
official ballots shall be done by the National Printing Office and/or Bangko Sentral ng 
30 
Pilipinas, under the control and supervision of the Commission, using the printing 
31 
machines they own, and shall not, under any circumstance, be contracted out or 
32 
outsourced, whether directly or indirectly, to any private or public person, entity, or 
33 
agency. 
34 
The official ballots shall be printed and distributed to each city/municipality at 
35 
the rate of one ballot for every registered voter with a provision of additional three 
36 
ballots per precinct.  
37 
SEC. 184.Sample Official Ballots. -  The Commission shall provide the electoral 
38 
board with sample official ballots at the rate of thirty ballots per polling place. The 
39 


89 
 
sample official ballots shall be printed on colored paper, in all respects like the official 
1 
ballots but bearing instead the words "Sample Official Ballot", to be shown to the 
2 
public and used in demonstrating how to fill out and fold the official ballots properly. 
3 
No name of any actual candidate shall be written on the spaces for voting on the 
4 
sample official ballots provided by the Commission, nor shall they be used for voting. 
5 
At least thirty (30) days before an election, it shall be the duty of the 
6 
Commission on Elections to publicize the unfilled sample ballot through broadcast, 
7 
digital, electronic, or online media, as well as posting the same information at 
8 
conspicuous public areas including barangay halls during barangay and Sangguniang 
9 
Kabataan Elections and a list of all registered national, provincial and city candidate 
10 
to be voted in the said election.  
11 
SEC. 185.Custody and accountability of ballots. - The election officer and the 
12 
treasurer of the city/municipality as deputy of the Commission shall have joint custody 
13 
and accountability of the official ballots, accountable forms and other election 
14 
documents as well as ballot boxes containing the official ballots cast.   
15 
The election officer and the city or municipal treasurer shall keep a record of 
16 
the quantity, identification numbers, and the serial numbers of the ballots they have 
17 
custody of. Legible copies of aforesaid record shall be furnished to the duly authorized 
18 
city or municipal representatives of the dominant majority and minority parties and 
19 
the Commission immediately after the distribution is made of such official ballots. Any 
20 
candidate or duly registered political or sectoral party or organization shall be given a 
21 
copy of such record upon request.  
22 
The Commission shall promulgate the necessary rules and prescribe the 
23 
appropriate forms and documentation to ensure that the chain of custody of the ballots 
24 
and the ballot boxes may be readily established. 
25 
No official ballots shall be delivered to the electoral board earlier than the first 
26 
hour of election day: Provided, however, That the Commission may, for justifiable 
27 
reason, authorize the delivery of said official ballots to the electoral board of any 
28 
particular polling place at an earlier date after written notice thereof to the 
29 
independent candidates to be voted for in the polling place concerned and to the duly 
30 
registered political parties fielding candidates to be voted for in such polling place.  
31 
SEC. 186.Watchers in the printing, storage, and distribution of ballots. - 
32 
Accredited political or sectoral parties or organizations and deputized citizen’s arms of 
33 
the Commission may assign watchers in the printing, storage, and distribution of 
34 
official ballots.  The watchers shall have the same qualifications prescribed in Section 
35 
180 of this Code. 
36 
Article 17 
37 
Casting of Votes in Regular Voting 
38 


90 
 
SEC. 187.Voting hours on election day. – Unless otherwise set by the 
1 
Commission through a duly promulgated and published resolution, the casting of votes 
2 
for shall start at seven o'clock in the morning and shall end at three o'clock in the 
3 
afternoon, except when there are voters present within thirty meters in front of the 
4 
polling place who have not yet cast their votes, in which case the voting shall continue 
5 
but only to allow said voters to cast their votes without interruption. The poll clerk 
6 
shall, without delay, prepare a complete list in duplicate containing the names of said 
7 
voters consecutively numbered. The voters so listed shall be called to vote by 
8 
announcing each name repeatedly three times in the order in which they are listed. 
9 
Any voter in the list who is not present when his or her name is called out shall not 
10 
be permitted to vote. 
11 
SEC. 188.Preliminaries to the voting. – Prior to the voting, the electoral board 
12 
shall: 
13 
(a) Meet at the polling place not later than five o'clock in the morning of election 
14 
day, unless a different time is prescribed by the Commission. They shall ensure 
15 
that the ballot box and the vote counting device or machine that shall be used 
16 
for the automated count are inside the polling place;  
17 
(b) Set-up the polling place in accordance with the guidelines prescribed by the 
18 
Commission;   
19 
(c) Post one copy of the prescribed voters list of each precinct in the cluster near 
20 
or at the door of the polling place, preferably the pages/sheets are spread out 
21 
to give free access to voters who are checking their names in the list;  
22 
(d) Show to the watchers and everyone else present that: 
23 
(i) 
The box of the vote counting device or machine is sealed; 
24 
(ii) 
The ballot box is empty; and 
25 
(iii) 
Package of official ballots is duly sealed, and thereafter, break the seal. 
26 
(e) Segregate the ballots intended for voters assigned to special polling places and 
27 
turn these over to the proper personnel for delivery to such special polling 
28 
places, strictly following the procedure that shall be prescribed by the 
29 
Commission for this purpose; 
30 
(f) Remove the seal of the box containing the voting counting device or machine 
31 
and check whether all of the components necessary to operate such device or 
32 
machine, as enumerated in the resolution promulgated by the Commission for 
33 
this purpose, are inside the box;  
34 
(g) Enter in the minutes the fact that the package of ballots, ballot box, and box 
35 
containing the vote counting device or machine were shown to the public with 
36 
their wrapping and corresponding seals intact and/or if they find that the 
37 


91 
 
wrapping and seals are broken, such fact must be stated in the minutes as well 
1 
as the serial numbers of ballots that they find in the package; and 
2 
(h) Perform such other tasks as the Commission may prescribe. 
3 
SEC. 189.Persons Allowed Inside the Polling Place. - Only the following persons 
4 
shall be allowed inside the polling place: 
5 
(a) Members of the Electoral Board and support staff, if any; 
6 
(b) Watchers who shall stay only in the space reserved for them; 
7 
(c) Representatives of the Commission; 
8 
(d) Voters casting their votes and their assistors, if any; 
9 
(e) Voters waiting for their turn to cast their vote; 
10 
(f) Support staff delivering ballots to or from special polling places; 
11 
(g) Technical support staff duly authorized by the Commission and assigned in the 
12 
voting center concerned; 
13 
(h) Jail/Prison escorts escorting voters who are deprived of liberty; and 
14 
(i) Other persons who may be specifically authorized by the Commission.   
15 
SEC. 190.Persons Not Allowed to Enter the Polling Place. - Unless specifically 
16 
authorized by the Commission, it is unlawful for the following persons to enter the 
17 
polling place, or to stay within a radius of fifty (50) meters from the polling place, 
18 
except to vote: 
19 
(a) Any officer of member of the Armed Forces of the Philippines or the Philippine 
20 
National Police; 
21 
(b) Any peace officer or any armed person belonging to any extra-legal police 
22 
agency, special forces, reaction forces, strike forces, Civilian Armed 
23 
Geographical Units, barangay tanods or other similar forces or para-military 
24 
forces, including security guards; 
25 
(c) All other kinds of armed or unarmed extra-legal police forces; or 
26 
(d) Any barangay or Sangguniang Kabataan official, whether elected or appointed. 
27 
However, the electoral board may, by a majority vote if it deems necessary, 
28 
order in writing the detail of police officers or peace officers for its protection or for 
29 
the protection of the election documents and paraphernalia. In which case, the said 
30 
police officers or peace officers shall stay outside the polling place within a radius of 
31 
thirty (30) meters, near enough to be easily called by the electoral board at any time, 
32 
but never at the door, and in no case shall the said police officers or peace officers 
33 
hold any conversation with any voter or disturb or prevent or in any manner obstruct 
34 


92 
 
the free access of the voters to the polling place. Such order shall be recorded in the 
1 
minutes.  
2 
SEC. 191.Order of voting. – The voters shall vote in the order of their entrance 
3 
into the polling place. The voters shall have the right to freely enter the polling place 
4 
as soon as they arrive unless there are voters waiting inside, in which case they shall 
5 
fall in line in the order of their arrival and shall not crowd around the table of the 
6 
electoral board. The voters, after having cast their votes, shall immediately depart. 
7 
SEC. 192.Manner of obtaining ballots. - The voter shall proceed to the assigned 
8 
precinct/clustered precinct and approach any member of the electoral board or its 
9 
support staff and shall state his or her name, precinct number, and sequence number. 
10 
The poll clerk shall verify if the name of the voter from the certified voters list 
11 
to establish that the voter is assigned in that polling place. If the voter’s name is not 
12 
in the certified voters list, the voter shall not be allowed to vote and shall be requested 
13 
to leave the polling place.  
14 
If the voter’s name is in the certified voters list, the poll clerk shall, in 
15 
accordance with the procedure that shall be prescribed by the Commission, verify if 
16 
the voter has already cast his or her vote. If verification reveals that the voter has 
17 
already cast his or her vote, the voter shall be informed of such fact and shall be asked 
18 
to leave the polling place. This fact, along with the name and precinct of the voter, 
19 
shall be recorded in the minutes.  
20 
If the verification reveals that the voter has not yet voted, the poll clerk shall 
21 
then establish the identity of the voter through his or her photograph or specimen 
22 
signature in the certified voters list. In case the identity of the voter cannot be 
23 
established with certainty using the information in certified voters list, the electoral 
24 
board may establish such voter’s identity through any of the means mentioned in 
25 
Section 43 of this Code. If the voter’s identity cannot be established through any of 
26 
the means provided in this Code or prescribed by the Commission, the voter shall be 
27 
directed to leave the polling place after informing him or her the reason therefor.  
28 
After the voter’s identity is established, the name of the voter shall be distinctly 
29 
announced in a tone loud enough to be heard throughout the polling place.  If the 
30 
voter is not challenged or having been challenged, the question has been decided in 
31 
his or her favor, the electoral board shall require the voter to sign the certified voters 
32 
list. In case the voter cannot sign, the voter shall be asked to affix his or her 
33 
thumbmarks in said list.  
34 
Thereafter, the voter shall be directed to the Chairperson who shall: 
35 
(a) Authenticate the ballot by affixing his/her signature at the designated space of 
36 
the front of the ballot; 
37 


93 
 
Failure to authenticate the ballot shall not invalidate the ballot but shall 
1 
constitute an election offense.  
2 
(b) Show to the voter that the ballot being given is not torn or smudged, and has 
3 
not yet been filled-out;  
4 
(c) Place such ballot inside the ballot secrecy folder or some other covering 
5 
material as may be prescribed by the Commission and hand it over to the voter, 
6 
along with the marking pen;  
7 
(d) Instruct the voter how to fill-out the ballot properly and then direct him or her 
8 
to the designated voting area.  
9 
Only the Chairperson shall issue the official ballots and only one ballot at a time 
10 
shall be issued.  
11 
SEC. 193.Manner of voting. - The voter, upon receiving his or her ballot, shall 
12 
forthwith proceed to the designated voting area and occupy one of the empty voting 
13 
booths to ensure that the voter may fill out the ballots in secrecy. The voter shall place 
14 
a single vertical mark on the square or rectangle opposite the name of the candidate 
15 
or proposition to register a vote for such candidate or proposition, as the case may 
16 
be.  
17 
After accomplishing the ballot, the voter shall feed the ballot in the vote 
18 
counting machine or device without touching such machine or device. The voter shall 
19 
return the secrecy folder and the marking pen to the third member.   
20 
Once the voter has completed all the necessary tasks to complete the voting 
21 
process, including the application of measures to prevent him or her from double 
22 
voting in the same elections, he or she shall promptly leave the polling place. 
23 
The Commission shall prescribe the necessary rules and regulations to ensure 
24 
that the secrecy of the ballots and the voter-verified audit trail shall be preserved 
25 
during the conduct of the voting and that no spurious ballots may be placed into the 
26 
ballot box. 
27 
SEC. 194.Prohibited acts by voters. The voter shall be prohibited from 
28 
performing any of the following actions: 
29 
(a) Entering any voting booth or any other voting structure or device prescribed by 
30 
the Commission that is occupied by another; 
31 
(b) Entering such booth, structure, or device while accompanied by somebody or 
32 
filling out the ballot accompanied by another, except in the instances allowed 
33 
by the Code; 
34 
(c) Staying in the voting booth, structure, or device, or in the polling place for a 
35 
longer period of time than reasonably necessary; 
36 


94 
 
(d) Speaking with other voters or the watchers while inside the polling place even 
1 
after being warned to refrain from doing so by any of the members of the 
2 
electoral board; 
3 
(e) Causing any undue disturbance to other voters, watchers, the electoral board, 
4 
or to any other person inside the polling place or within its immediate vicinity; 
5 
(f) Except when otherwise inapplicable, preparing the ballot outside the voting 
6 
booth or voting structure or device prescribed by the Commission; 
7 
(g) Except when otherwise inapplicable, preparing the ballot without using the 
8 
ballot secrecy folder or any other covering material or device provided by the 
9 
Commission;  
10 
(h) Exhibiting the contents of the ballots to any person except to his or her assistor 
11 
in instances allowed in this Code or by the Commission; 
12 
(i) Allowing or causing any other person to fill-out the ballots, except in the 
13 
instances allowed in this Code or by the Commission; 
14 
(j) Preparing the ballot of any other person, except in the instances allowed in this 
15 
Code; 
16 
(k) Erasing any printing from the ballot or to intentionally tearing or defacing the 
17 
same; 
18 
(l) Putting any distinguishing mark on the ballot; 
19 
(m) Using of capturing devices such as but not limited to digital cameras, cellular 
20 
phones with camera, or other means to copy the contents of any ballot;  
21 
(n) Availing of any means or scheme to discover the contents of the ballot of 
22 
another voter except when lawfully assisting such other voter; 
23 
(o) Publishing, sharing, or otherwise circulating, in any manner, including posting 
24 
on social media platforms, any photograph, video, or image of any filled in 
25 
official ballot; 
26 
(p) Making use of any other means to identify the vote of the voter;  
27 
(q) Taking pictures, images, photos, videos, or audio recordings of any voter while 
28 
the latter is shading the ballot or feeding the same in the vote counting 
29 
machine;  
30 
(r) Performing any other act that is be prohibited under the rules and regulations 
31 
promulgated by the Commission pursuant to its duty of ensuring the secrecy of 
32 
the ballots and maintaining the peace and order within the polling places and 
33 
voting centers. 
34 
SEC. 195.Preparation of ballots for illiterate, senior citizens and persons with 
35 
disability. – No voter shall be allowed to vote as an illiterate, a person with disability, 
36 


95 
 
or senior citizen unless such fact is indicated on the certified voters list, or although 
1 
not indicated as person with disability or senior citizen in the certified voters list, the 
2 
fact of disability or being a senior citizen is readily apparent.  If so, such voter may be 
3 
assisted in the preparation of the ballot, by the following persons and in the following 
4 
order: 
5 
(a) Relative within the 4th civil degree of consanguinity or affinity; 
6 
(b) Person of his or her confidence who belongs to the same household as that of 
7 
the voter. For this purpose, the person who usually assists the person with 
8 
disability or senior citizen, such as the personal assistant, caregiver, or a nurse, 
9 
shall be considered as a member of the voter’s household;  
10 
(c) Any member of the electoral board. 
11 
All persons assisting must be of voting age. No person, except members of the 
12 
electoral board, may assist an illiterate, person with disability, or senior citizen more 
13 
than three (3) times.   
14 
In all cases, the poll clerk shall first verify from the illiterates, persons with 
15 
disability, or senior citizens whether said voters have authorized the person in question 
16 
to help them cast their vote. If the voter denies the authority of the assistor, any 
17 
member of the electoral board may assist such illiterates, persons with disability, or 
18 
senior citizens. The same shall be recorded in the Minutes.  
19 
The person assisting the illiterates, persons with disability, or senior citizens 
20 
shall: 
21 
(1) Prepare in their presence, the ballot using the ballot secrecy folder or other 
22 
covering device or material prescribed by the Commission; and 
23 
(2) Bind themselves in writing and under oath to fill out the ballot strictly in 
24 
accordance with the instructions of the voter and not to reveal its contents, by 
25 
indicating the appropriate data and affixing their signatures, thumbmark, or 
26 
any available fingerprint if without a thumb, in the corresponding space in the 
27 
minutes.  
28 
The person assisting shall not disclose to any other person votes of the person 
29 
or persons whom he assisted. 
30 
SEC. 196.Replacement ballots. - No replacement ballot shall be issued to a 
31 
voter whose ballot is rejected by the vote counting machine or device, except if such 
32 
rejection of the ballot is not due to the fault of the voter.  
33 
SEC. 197.Challenge against illegal voters. - Any voter or watcher may 
34 
challenge any person offering to vote on the following grounds: 
35 
(1) Such person is not registered to vote in the precinct he is trying to vote in; 
36 
(2) Said person is using the name of another; or 
37 


96 
 
(3) He or she is suffering from existing disqualification. 
1 
In such case, the electoral board shall determine the truthfulness of the ground 
2 
for the challenge by requiring proof of registration, identity, or qualification.  
3 
SEC. 198.Challenge based on certain illegal acts. - Any voter or watcher may 
4 
challenge any voter offering to vote on the ground that the challenged person has 
5 
received or expects to receive, has paid, offered or promised to pay, has contributed, 
6 
offered or promised to contribute money or anything of value as consideration for his 
7 
vote or for the vote of another; that he has made or received a promise to influence 
8 
the giving or withholding of any such vote or that he has made a bet or is interested 
9 
directly or indirectly in a bet which depends upon the result of the election. The 
10 
challenged person shall take a prescribed oath before the electoral board that he has 
11 
not committed any of the acts alleged in the challenge. Upon the taking of such oath, 
12 
the challenge shall be dismissed and the challenged voter shall be allowed to vote, 
13 
but in case of his refusal to take such oath, the challenge shall be sustained and he 
14 
shall not be allowed to vote.  
15 
The admission of the challenged voter under this section and the preceding 
16 
section shall not be conclusive upon any court as to the legality of the registration of 
17 
the voter challenged or his vote in a criminal action against such person for illegal 
18 
registration or voting. 
19 
SEC. 199.Record of Challenges and Oaths. - The electoral board shall record 
20 
in the Minutes all challenges and oaths taken, and its decision in each case.   
21 
SEC. 200.Disposition of unused ballots. – After voting, the Chairperson, in the 
22 
presence of the other members of the electoral board, shall: 
23 
(a) Record in the minutes the quantity of unused ballots; 
24 
(b) Tear the unused ballots in half lengthwise; and 
25 
(c) Place the two halves of the unused ballots in separate envelopes. One of the 
26 
envelopes shall be deposited in the ballot box while the other shall be submitted 
27 
to the election officer. 
28 
SEC. 201.Prohibition of announcement of voting. - No member of the board 
29 
of the electoral board shall, before the termination of the voting, make any 
30 
announcement as to whether a certain registered voter has already voted or not, as 
31 
to how many have already voted or how many so far have failed to vote, or any other 
32 
fact tending to show or showing the state of the polls, nor shall he make any statement 
33 
at any time, except as witness before a court, as to how any person voted. 
34 
 
35 
Article 18 
36 
Local Absentee Voting and Voting by Persons Deprived of Liberty 
37 
 
38 


97 
 
 
SEC 202.Declaration of Policy.- The State shall ensure that senior citizens, 
1 
persons with disabilities (PWDs), pregnant women, indigenous peoples (IPs), 
2 
internally displaced persons (IDPs), persons deprived of liberty (PDLs), and in special 
3 
circumstances, health workers, quarantined and hospitalized persons, and repatriated 
4 
overseas voters are able to exercise their right to political participation without 
5 
restrictions. The State shall devise systems and procedures that will enhance 
6 
accessibility in their voting process. 
7 
 
8 
SEC. 203.Who may avail of Local Absentee Voting. - Local absentee voting 
9 
may be availed of by the following: 
10 
(a) government officials and employees; 
11 
(b) members of the PNP; 
12 
(c) members of the AFP; and 
13 
(d) members of the media, media practitioners including their technical and 
14 
support staff who are actively engaged in the pursuit of information gathering 
15 
and reporting or distribution, in any manner or form, including, but not limited 
16 
to the following: 
17 
(1) Print Journalists 
18 
(2) Television Journalists 
19 
(3) Photo Journalists 
20 
(4) Online Journalists 
21 
(5) Radio Journalists 
22 
(6) Documentary makers 
23 
(7) Television/Radio Production 
24 
(8) Bloggers 
25 
(9) Freelance Journalist 
26 
(e) Senior citizens 
27 
(f) Persons with disabilities 
28 
(g) Pregnant women 
29 
(h) Indigenous peoples 
30 
(i) Internally displaced persons 
31 
(j) Persons deprived of liberty 
32 
(k) Lawyers 
33 
 
34 


98 
 
Provided, That a) they are duly registered voters and whose registration records 
1 
are not deactivated, and b) on election day, in case of government officials, members 
2 
of the PNP and AFP, that they are assigned temporarily to perform election duties in 
3 
places where they are not registered voters; in case of media voters, that they will 
4 
not be able to vote due to the performance of their functions in covering and reporting 
5 
on the conduct of elections; in case of senior citizens, PWDs, pregnant women, 
6 
indigenous peoples, and IDPs they are temporarily residing in a city or municipality 
7 
other than where they registered as voters; or in case of PDLs, they are detained or 
8 
imprisoned in a facility located in a city or municipality other than where they are 
9 
registered as voters; or in case of lawyers, they are serving as counsels to candidates 
10 
or as election watchdogs in a city or municipality other than where they are registered 
11 
as voters. 
12 
Government officials and employees who will be posted abroad to perform 
13 
election duties on election day may also avail of local absentee voting: Provided, That 
14 
they are registered voters and that they are not registered overseas voters.  
15 
SEC. 204.Other Persons Who May Avail of Local Absentee Voting During 
16 
Special Circumstances.- Health workers and quarantined or hospitalized persons may 
17 
avail of local absentee voting only in the event of a public health emergency: Provided 
18 
that a) they are duly registered voters and whose registration records are not 
19 
deactivated and b) in case of health workers, they are designated to be on duty during 
20 
the day of the election in a city or municipality other than where they are registered 
21 
as voters; or in case of quarantined or hospitalized persons, on election day, they are 
22 
quarantined or hospitalized in a city or municipality other than where they are 
23 
registered as voters.  
24 
Repatriated overseas voters may avail of local absentee voting only if their 
25 
repatriation was due to special circumstances such as armed conflict, issues in 
26 
international relations, state of emergency or calamity, or any other analogous 
27 
circumstances beyond their control or fault: Provided that a) they are duly registered 
28 
voters and whose registration records are not deactivated and b) the period for 
29 
transfer of registration records from the Post to the office of the election officer of the 
30 
place of their residence has already lapsed. 
31 
SEC. 205. Positions to be voted for. - Voters availing of Local Absentee Voting 
32 
and voters who are deprived of liberty may vote for national positions only.  
33 
SEC. 206.Provision of Accessible Polling Places. - During the conduct of Local 
34 
Absentee Voting, the Commission shall designate accessible polling places, as defined 
35 
under Section 5 of this Code, for senior citizens, PWDs, and pregnant women.  
36 
SEC. 207.Voting period for Local Absentee Voters. - Those who have been 
37 
approved to avail of local absentee voting shall have at least two (2) days within seven 
38 


99 
 
(7) calendar days before election day to submit their ballots to the officers designated 
1 
to collect such ballots.  
2 
 
SEC. 208.Provision for Transportation/Shuttle Services. –The Commission shall 
3 
provide a system of transportation/shuttle services for the senior citizens, PWDs, 
4 
pregnant women, IPs, and IDPs during the period of local absentee voting under this 
5 
act and during election day to ensure that these sectors have means of transportation 
6 
to and from the polling places. 
7 
 
8 
SEC. 209.Voting by Persons Deprived of Liberty (“PDL Voting”). – PDLs who 
9 
are held, detained or imprisoned in facilities located in the same city or municipality 
10 
where they are registered as voters may participate in PDL voting. The Commission 
11 
shall set up emergency accessible polling places in jail and prison facilities for this 
12 
purpose. The Commission shall provide for the rules and procedures for the conduct 
13 
of PDL voting during election day.  
14 
SEC. 210.Manner of obtaining and preparing the ballots. -  
15 
(A) Voters availing of Local Absentee Voting shall obtain their ballots and cast their 
16 
votes in the manner that shall be set forth by the Commission. The Commission 
17 
is hereby authorized to utilize a manual system of voting and counting of votes 
18 
for local absentee voters.  
19 
(B) Voters participating in PDL Voting shall obtain and prepare their ballots in the 
20 
same manner as that provided in the preceding Article. They shall likewise be 
21 
entitled to the same assistance in preparing such ballots as those provided 
22 
therein, whenever applicable. 
23 
In the preparation of ballots, the voters mentioned in this Article shall be subject 
24 
to the same prohibitions found in Section 194, whenever applicable.  
25 
SEC. 211.Implementing rules and regulations. - The Commission shall 
26 
promulgate the rules and regulations necessary to implement the provisions of this 
27 
Article, consistent with the policy of ensuring the integrity of the ballots and the 
28 
secrecy of the votes cast by the voters availing any of such modes of voting. 
29 
 
30 
Article 19 
31 
Postponement of Voting and Failure of Elections 
32 
SEC. 212.Postponement of Voting. - When for any serious cause such as 
33 
violence, terrorism, loss or destruction of election paraphernalia or records, force 
34 
majeure, and other analogous causes of such a nature that the holding of a free, 
35 
orderly and honest election should become impossible in any political subdivision, the 
36 
Commission, motu proprio or upon a verified petition by any interested party, and 
37 
after due notice and hearing, whereby all interested parties are afforded equal 
38 
opportunity to be heard, shall postpone the voting therein to a date which should be 
39 


100 
 
reasonably close to the election day not held but not later than thirty days after the 
1 
cessation of the cause for such postponement.  
2 
SEC. 213.Failure of election. - If, on account of force majeure, violence, 
3 
terrorism, fraud, or other analogous causes the election in any polling place has not 
4 
been held on the date fixed, or had been suspended before the hour fixed by law for 
5 
the closing of the voting, or after the voting and during the preparation and the 
6 
transmission of the election returns or in the custody or canvass thereof, such election 
7 
results in a failure to elect, and in any of such cases the failure or suspension of 
8 
election would affect the result of the election, the Commission shall, motu proprio, 
9 
or upon a verified petition by any interested party and after due notice and hearing, 
10 
call for the holding or continuation of the election not held, suspended or which 
11 
resulted in a failure to elect on a date reasonably close to the date of the election not 
12 
held, suspended or which resulted in a failure to elect but not later than thirty days 
13 
after the cessation of the cause of such failure of elections. 
14 
SEC. 214.Limit of the authority of the Commission. - Nothing in this section 
15 
shall be understood as an authority for the Commission to fix the regular election for 
16 
the President, Vice-President, Senators, and Members of the House of Representatives 
17 
on any date other than the second Monday of May. 
18 
 
19 
CHAPTER V 
20 
IN-COUNTRY COUNTING AND CANVASSING OF VOTES 
21 
 
22 
Article 20 
23 
Counting of Votes 
24 
SEC. 215.Counting Procedure. - The Commission shall prescribe the manner 
25 
and procedure of counting the votes under the automated system and the manual 
26 
counting system: Provided, That a separate election return shall be prepared showing 
27 
the results of the manual counting of the ballots, which shall also be canvassed 
28 
alongside the electronically transmitted and digitally signed election returns under the 
29 
automated system: Provided further, That if there is a discrepancy of at least two 
30 
percent (2%) of the total number of the votes cast between the results of the 
31 
automated system and the manual counting system for any position, an automatic 
32 
recount shall be undertaken for that position only: Provided further, That the 
33 
Commission shall deploy sufficient number of technical personnel to assist the 
34 
electoral board in such recount. A comparison shall be made between the digitally 
35 
captured image of the ballot and the physical ballot itself before the recount to 
36 
determine the root cause of the discrepancy and to ascertain the will of the voters. 
37 
The result of the recount shall be reflected in the manually prepared election return 
38 
which shall be considered, along with the unaffected electronically transmitted and 
39 


101 
 
digitally signed election returns, in determining the winning candidate for the subject 
1 
position: Provided finally, That apart from the electronically stored result, twelve (12) 
2 
copies of the election returns are printed and twelve (12) copies of the election return 
3 
for the manual counting system shall be accomplished.  
4 
SEC. 216.Counting to be public and without interruption. -  As soon as the 
5 
voting is finished, the electoral board shall publicly count in the polling place the votes 
6 
cast and ascertain the results. The board may rearrange the physical set up of the 
7 
polling place for the counting or perform any other activity with respect to the 
8 
transition from voting counting. However, it may do so only in the presence of the 
9 
watchers and within close view of the public. At all times, the ballot boxes and all 
10 
election documents and paraphernalia shall be within close view of the watchers and 
11 
the public. 
12 
The electoral board shall not adjourn or postpone or delay the count until it has 
13 
been fully completed, unless otherwise ordered by the Commission. 
14 
The Commission, in the interest of free, orderly, and honest election, may 
15 
authorize the electoral board to count the votes and to accomplish the election return 
16 
and other forms prescribed under the code in any other place within a public building 
17 
in the same municipality or city on account of imminent danger of widespread violence 
18 
or similar causes of comparable magnitude: Provided, That the transfer shall been 
19 
recommended in writing by the board of election inspectors by unanimous vote and 
20 
endorsed in writing by the majority of watchers present: Provided further, that the 
21 
said public building shall not located within the perimeter of or inside a military or 
22 
police camp, reservation, headquarters, detachment or field office nor within the 
23 
premises of a prison or detention bureau or any law enforcement or investigation 
24 
agency. 
25 
Any violation of this section, or its pertinent portion, shall constitute an election 
26 
offense.  
27 
SEC. 217.Livestreaming or video recording of the counting. - The Commission 
28 
shall accredit groups who wish to livestream or record a video of the manual counting 
29 
of votes at the precinct level. 
30 
The recorded video or livestream may be used as evidence in electoral protests. 
31 
No photo, recorded video, or livestream, whether official or unofficial, taken 
32 
during election day of any member of the electoral board and any other personnel of 
33 
the Commission performing election duties during election day shall be used to defame 
34 
or publicly shame said member of the electoral board or personnel of the Commission 
35 
in social media or in any other platform, digital or otherwise. Any violation of this 
36 
paragraph shall constitute as an election offense under this Code.  
37 
SEC. 218.Election Returns. - There shall be two sets of election returns. One 
38 
shall be generated under the automated system which shall bear appropriate control 
39 


102 
 
marks to determine the time and place of printing. The other shall be under the 
1 
manual counting system. The Commission shall design the features of such election 
2 
returns. 
3 
Each copy of both sets of election returns shall be signed by all the members 
4 
of the electoral board and the watchers present. They shall likewise affix their 
5 
thumbmarks thereto. If any member of the electoral board present refuses to sign, 
6 
the chairperson of the board shall note the same in each copy of the printed and 
7 
manually accomplished election returns. The member of the electoral board refusing 
8 
to sign shall be compelled to explain his or her refusal to do so. Failure to provide a 
9 
justifiable reason for refusing to sign each copy of the printed and manually 
10 
accomplished election return by any member of the electoral board shall be punishable 
11 
under this Code. The chairperson of the board shall then publicly read and announce 
12 
the total number of registered voters, the total number of voters who actually voted, 
13 
the total number of votes obtained by each candidate based on the election returns, 
14 
whether there is a discrepancy between the results of the automated system and 
15 
manual counting system, and the details of the said discrepancy, including the result 
16 
of the recount, if any.  
17 
Thereafter, the copies of the election returns shall be sealed and placed in the 
18 
proper envelopes for distribution as follows: 
19 
(a) In the election of president, vice-president, senators and party-list system: 
20 
(1) The first copy shall be delivered to the city or municipal board of 
21 
canvassers; 
22 
(2) The second copy, to the Congress, directed to the President of the Senate; 
23 
(3) The third copy, to the Commission; 
24 
(4) The fourth copy, to the citizens’ arm authorized by the Commission to 
25 
conduct an unofficial count; 
26 
(5) The fifth copy, to the dominant majority party as determined by the 
27 
Commission in accordance with this Code; 
28 
(6) The sixth copy, to the dominant minority party as determined by the 
29 
Commission in accordance with this Code; 
30 
(7) The seventh copy shall be deposited inside the compartment of the ballot 
31 
box for valid ballots; 
32 
(8) The eighth copy to the Provincial Board of Canvassers; and 
33 
(9) The ninth to the twelfth copies, to national broadcast or print media entities 
34 
as may be equitably determined by the Commission in view of propagating 
35 
copies to the widest extent possible. 
36 
(b) In the election of local officials and members of the House of Representatives: 
37 


103 
 
(1) The first copy shall be delivered to the city or municipal board of 
1 
canvassers; 
2 
(2) The second copy, to the Commission; 
3 
(3) The third copy, to the provincial board of canvassers; 
4 
(4) The fourth copy, to the citizens’ arm authorized by the Commission to 
5 
conduct an unofficial count; 
6 
(5) The fifth copy, to the dominant majority party as determined by the 
7 
Commission in accordance with this Code; 
8 
(6) The sixth copy, to the dominant minority party as determined by the 
9 
Commission in accordance with this Code; 
10 
(7) The seventh copy shall be deposited inside the compartment of the ballot 
11 
box for valid ballots; 
12 
(8) The eighth copy to be posted conspicuously on a wall within the premises 
13 
of the polling place or counting center; and 
14 
(9) The ninth to the twelfth copies, to national broadcast or print media entities 
15 
as may be equitably determined by the Commission in view of propagating 
16 
copies to the widest extent possible. 
17 
Immediately after all the copies are printed and completed, the poll clerk shall 
18 
announce that the relevant copies for posting are being posted on a wall within the 
19 
premises of the polling place or counting center, which must be sufficiently lighted 
20 
and accessible to the public. Any person may view or capture an image of the election 
21 
returns by means of any data capturing device such as, but not limited to, cameras at 
22 
any time of the day for forty-eight (48) hours following its posting. After such period, 
23 
the chairperson of the electoral board shall detach the election returns from the wall 
24 
and keep the same in his custody to be produced as may be requested by any voter 
25 
for image or data capturing or for any lawful purpose as may be ordered by competent 
26 
authority. 
27 
Within one hour after the printing and completion of the election returns, the 
28 
chairperson of the electoral board or any official authorized by the Commission shall, 
29 
in the presence of watchers and representatives of the accredited citizen’s arm, 
30 
political parties/candidates, if any, electronically transmit the precinct results under 
31 
the automated system to the respective levels of board of canvassers, to the dominant 
32 
majority and minority party, to the accredited citizen’s arm, and to the Kapisanan ng 
33 
mga Broadcasters ng Pilipinas (KBP). The election returns under the manual counting 
34 
system shall be transmitted to the municipal or city board of canvassers. 
35 
The election results at the city/municipality canvassing centers under the 
36 
automated system shall be electronically transmitted while the election returns under 
37 
the manual counting system shall be transmitted through the fastest means available 
38 


104 
 
by the election officer or any official authorized by the Commission to the district or 
1 
provincial canvassing centers. 
2 
The election returns transmitted electronically and digitally signed shall be 
3 
considered as official election results and shall be used as the basis for the canvassing 
4 
of votes and proclamation of a candidate: Provided, That in case of recount, as 
5 
provided under Section 215, the actual result of the manual count shall be considered 
6 
as official election results and shall be used as the basis for the canvassing of votes 
7 
and proclamation of a candidate. 
8 
SEC. 219.Board of election inspectors to issue a certificate of the number of 
9 
votes polled by the candidates for an office to the watchers. - After the announcement 
10 
of the results of the election and before leaving the polling place, it shall be the duty 
11 
of the electoral board to issue a certificate of the number of the votes received by a 
12 
candidate upon request of the watchers. All the members of the board of election 
13 
inspectors shall sign the certificate.  
14 
SEC. 220.Alterations and corrections in the election returns. - Any correction 
15 
or alteration made in the manually accomplished election returns by the electoral 
16 
board before the announcement of the results of the election in the polling place shall 
17 
be duly initialed by all the members thereof. No correction or alteration shall be made 
18 
in the printed election returns. 
19 
After the announcement of the results of the election in the polling place has 
20 
been made, the electoral board shall not make any alteration or amendment in any of 
21 
the copies of the election returns unless so allowed under Section 243 of this Code or 
22 
so ordered by the Commission upon petition of the members of the electoral board 
23 
within five days from the date of the election or twenty-four hours from the time a 
24 
copy of the election returns concerned is opened by the board of canvassers, 
25 
whichever is earlier. The petition shall be accompanied by proof of service upon all 
26 
candidates affected. If the petition is by all members of the electoral board and the 
27 
results of the election would not be affected by said correction and none of the 
28 
candidates affected objects thereto, the Commission, upon being satisfied of the 
29 
veracity of the petition and of the error alleged therein, shall order the electoral board 
30 
to make the proper correction on the manually accomplished election returns.  
31 
However, if a candidate affected by said petition objects thereto, whether the 
32 
petition is filed by all or only a majority of the members of the electoral board and the 
33 
results of the election would be affected by the correction sought to be made, the 
34 
Commission shall proceed summarily to hear the petition. In deciding the petition, the 
35 
Commission shall take into account the certificates of votes, the first manual count, 
36 
the manual recount, if any, and the automated count.  
37 
SEC. 221.Delivery of ballot boxes, keys, supplies, documents and other 
38 
election paraphernalia. - The Commission shall promulgate the necessary procedure 
39 


105 
 
on the packing, delivery, custody, and preservation of the ballots, ballot boxes, keys, 
1 
supplies, documents, and other election paraphernalia after the results of the election 
2 
in the polling place have been announced, ensuring that the integrity and sanctity of 
3 
the ballots are safeguarded and its chain custody is clearly documented: Provided, 
4 
That the ballots and ballot boxes shall be placed under the custody of the municipal 
5 
or city treasurer: Provided further, That the voting records of each polling place 
6 
including the certified voters list and the minutes of the proceedings of the electoral 
7 
board shall be placed in the custody of the election officer who shall keep them in a 
8 
safe place, until such time that the Commission shall give instructions on their disposal.  
9 
SEC. 222.Documents and articles omitted or erroneously placed inside the 
10 
ballot box. - If after the delivery of the keys of the ballot box to the proper authorities, 
11 
the electoral board shall discover that some documents or articles required to be 
12 
placed in the ballot box were not placed therein, the electoral board, instead of 
13 
opening the ballot box in order to place therein said documents or articles, shall deliver 
14 
the same to the Commission or its duly authorized representatives. In no instance 
15 
shall the ballot box be reopened to place therein any document or article.   
16 
SEC. 223.Minutes of voting and counting of votes. – The Commission shall 
17 
prescribe a form that the electoral board shall prepare and sign in such number of 
18 
copies as the Commission may require, setting forth the following matters:  
19 
(a) The time the voting commenced and ended;  
20 
(b) The serial numbers and ballot identification numbers of the official ballots 
21 
(c) The serial numbers of the election returns, special envelopes and seals 
22 
received;  
23 
(d) The number of official ballots used and the number left unused;  
24 
(e) The number of voters who cast their votes;  
25 
(f) All challenges, oaths taken in relation thereto, and its decision in each case;  
26 
(g) The names of the watchers present;  
27 
(h) The time the counting of votes commenced and ended;  
28 
(i) The number of official ballots found inside each compartment of the ballot box;  
29 
(j) The number of excess ballots;  
30 
(k) The time of electronic transmission of the results, whenever applicable; 
31 
(l) The time the election returns were signed and sealed in their respective special 
32 
envelopes;  
33 
(m) The number and nature of protests made by watchers; 
34 
(n) All other matters required under this Code to be recorded by the electoral 
35 
board; and 
36 


106 
 
(o) Such other matters as may be required by the Commission. 
1 
Copies of this statement, after being duly accomplished, shall be sealed in 
2 
separate envelopes and shall be distributed in accordance with the rules prescribed 
3 
by the Commission: Provided, That the election officer shall be given a copy thereof: 
4 
Provided further, That one copy shall be deposited inside the ballot box.  
5 
 
6 
Article 21 
7 
Canvassing of Votes 
8 
SEC. 224.Board of canvassers. - Composition of the Board of Canvassers. - 
9 
There shall be a Board of Canvassers to be appointed by the Commission in each 
10 
municipality, city, district, province, and in the Bangsamoro Autonomous Region in 
11 
Muslim Mindanao (BARMM). 
12 
(a) Municipal Board of Canvassers. - The Municipal Board of Canvassers shall be 
13 
composed of the Municipal Election Officer or a representative of the 
14 
Commission holding a permanent appointment, as Chairperson; the Municipal 
15 
Treasurer, as Vice-Chairperson; and the District School Supervisor, or in the 
16 
absence of the latter, the most senior in rank Principal of the school district, 
17 
duly designated as such by the District Supervisor as Member-Secretary. 
18 
(b) City Board of Canvassers- The City Board of Canvassers shall be composed of 
19 
the City Election Officer or a lawyer of the Commission holding permanent 
20 
appointment, as Chairperson; the City Prosecutor, as Vice-Chairperson; and the 
21 
Schools Division Superintendent, as Member-Secretary. 
22 
In cities within the National Capital Region and other highly urbanized cities 
23 
with more than one (1) City Election Officer, the Regional Election Director 
24 
(RED) shall designate the City Election Officer who shall act as Chairperson.  
25 
In cities outside the National Capital Region and with more than one City 
26 
Election Officer, the Provincial Election Supervisor shall designate the City 
27 
Election Officer who shall act as Chairperson. 
28 
(c) District Board of Canvassers for the Legislative District of Taguig-Pateros. - The 
29 
District Board of Canvassers for the legislative district of Taguig-Pateros shall 
30 
be composed of the City Election Officer or a lawyer of the Commission holding 
31 
permanent appointment, as Chairperson; the City Prosecutor, as Vice-
32 
Chairperson; and the Schools Division Superintendent, as Member-Secretary. 
33 
(d) Provincial Board of Canvassers. - The Provincial Board of Canvassers shall be 
34 
composed of the Provincial Election Supervisor or a lawyer of the Commission 
35 
holding permanent appointment, as Chairperson; the Provincial Prosecutor, as 
36 
Vice-Chairperson; and the Schools Division Superintendent, as Member-
37 
Secretary.  
38 


107 
 
(e) Regional Board of Canvassers for the Autonomous Regions.- The Regional 
1 
Board of Canvassers shall be composed of the Assistant Regional Election 
2 
Director or a lawyer of the Commission holding permanent appointment, as 
3 
Chairperson; the Regional State Prosecutor or, if not available, the highest-
4 
ranking official of the Department of Justice in the region as Vice-Chairperson; 
5 
and the highest-ranking official of the Department of Education as Member-
6 
Secretary.  
7 
SEC. 225.Information Technology Support for the Board of Canvassers and 
8 
Support Staff. - Each Board of Canvassers shall be assisted by an information 
9 
technology-capable person authorized to operate the equipment adopted for the 
10 
elections. The Commission shall deputize information technology personnel from 
11 
among the agencies and instrumentalities of the government including government-
12 
owned and controlled corporations.   
13 
In addition, the Commission shall appoint such support personnel as may be 
14 
necessary to assist the board of canvassers in the performance of its duties. The 
15 
information technology support personnel and other support personal of the Board of 
16 
Canvassers shall be subject to the same qualifications and disqualifications as the 
17 
members of the Board of Canvassers. The per diem of the deputized information 
18 
technology personnel shall be the same as that of the members of the board of 
19 
canvassers while that of the other support personnel shall be determined by the 
20 
Commission and shall be in such amount as may be reasonable under the 
21 
circumstances. 
22 
SEC. 226.Reception and Custody Group. - Each Board of Canvassers shall 
23 
constitute a Reception and Custody Group for the reception and safekeeping of the 
24 
vote counting device or machine and its related equipment or devices, the canvassing 
25 
machine or device and other documents intended for the Board of Canvassers. There 
26 
shall be one (1) Reception and Custody Group for every Board of Canvassers. 
27 
The Reception and Custody Group shall be composed of three (3) members 
28 
who are government appointive officials holding permanent appointments. They shall 
29 
be designated by the concerned Chairperson of the BOC. The Commission shall 
30 
determine the honorarium of the members of the Reception and Custody Group: 
31 
Provided, That such amount is just and reasonable under the circumstances.  
32 
The Reception and Custody Group members shall not be related within the 
33 
fourth civil degree of consanguinity or affinity to each other or to the Chairperson or 
34 
any member of the Board of Canvassers, the Information Technology Support 
35 
Personnel, members of the support staff of the Board of Canvassers, or to any 
36 
candidate or party-list group nominee whose votes will be canvassed by the Board of 
37 
Canvassers or to such candidate’s or nominee’s spouse. 
38 


108 
 
In no case shall local government employees be appointed or designated as 
1 
members of the Reception and Custody Group. In cities with more than one (1) 
2 
legislative district, one (1) Reception and Custody Group for every legislative district 
3 
may be constituted.  
4 
SEC. 227.Prohibited Degree of Relationship. - The Chairperson and Members 
5 
of the Board of Canvassers shall not be related within the fourth civil degree of 
6 
consanguinity or affinity to each other, the information technology support personnel, 
7 
the members of the Reception and Custody Group, other support personnel, or to any 
8 
candidate or nominee of a party-list group whose votes will be canvassed by said 
9 
Board of Canvassers or such candidate’s or nominee’s spouse.  
10 
SEC. 228.Prohibition against leaving official station. – Beginning on their 
11 
appointment as member or substitute member of the board of canvassers until the 
12 
official proclamation of the winning candidates or the end of the election period, 
13 
whichever comes earlier, no member or substitute member of the different boards of 
14 
canvassers shall be transferred, assigned or detailed outside of his or her official 
15 
station, nor shall he leave said station without prior authority of the Commission. 
16 
SEC. 229.Feigned illness. - Any member of the board of canvassers feigning 
17 
illness in order to be substituted on election day or on any day thereafter until the 
18 
proclamation of the winning candidates shall be guilty of an election offense.  
19 
SEC. 230.Vote required. - A majority vote of all the members of the board of 
20 
canvassers shall be necessary to render a decision.  
21 
SEC. 231.Incapacity and Substitution of a member of the Board of Canvassers. 
22 
- In case of sickness or serious injury of a regular Member of the Board of Canvassers, 
23 
a medical certificate duly issued by any government hospital, shall be required 
24 
attesting to the incapacity of said Member. Said medical certificate shall be recorded 
25 
in and form part of the Minutes of the Board of Canvassers.  
26 
In case of non-availability, absence, disqualification due to relationship, or 
27 
incapacity for any cause of the Chairperson or Members of the Board of Canvassers, 
28 
the following shall appoint the substitute: 
29 
(1) The Provincial Election Supervisor, for the City Board of Canvassers and 
30 
Municipal Board of Canvassers in the province. 
31 
(2) The Regional Election Director, for the Provincial Board of Canvassers in the 
32 
region. 
33 
(3) The Regional Election Director of National Capital Region, for the District Board 
34 
of Canvassers, City Board of Canvassers, and Municipal Board of Canvassers in 
35 
the region. 
36 
In the interest of ensuring an orderly and credible elections, and under special 
37 
circumstances, the Commission may designate other election officials, who hold a rank 
38 


109 
 
equal to, or higher than, those enumerated above, to appoint the substitute of the 
1 
chairperson and members of the Board of Canvassers in a particular municipality, city, 
2 
district, or province.   
3 
In case of substitution of the Chairperson of the Provincial Board of 
4 
Canvassers/City Board of Canvassers, an official or lawyer with permanent 
5 
appointment of the Commission shall be appointed. In case of Municipal Board of 
6 
Canvassers, a representative of the Commission holding permanent appointment shall 
7 
be appointed. 
8 
With respect to the other members of the Board of Canvassers, the following 
9 
shall be appointed as substitute in the following order of preference: 
10 
In the case of the Provincial Board of Canvassers: 
11 
(1) The Provincial Auditor; 
12 
(2) The Register of Deeds; 
13 
(3) The Clerk of Court nominated by the Executive Judge of the Regional Trial 
14 
Court; and 
15 
(4) Any other available appointive provincial official. 
16 
In the case of the City Board of Canvassers, the officials in the city 
17 
corresponding to those enumerated above. 
18 
In the absence or disqualification of the Vice-Chairperson of the Municipal Board 
19 
of Canvassers: 
20 
(1) The Municipal Administrator; 
21 
(2) The Municipal Assessor; 
22 
(3) The Clerk of Court of the Municipal Trial Court; or 
23 
(4) Any other available appointive municipal officials. 
24 
As substitute of the two (2) members of the District Board of Canvassers of 
25 
Taguig-Pateros, the next ranking prosecutor or schools division superintendent in the 
26 
district, as the case may be, shall be appointed. 
27 
All appointments for substitution shall be in writing, stating therein the reason 
28 
or reasons for the substitution. Within twenty-four (24) hours from the issuance of 
29 
the appointment, the issuing authority shall furnish copies of the appointment to 
30 
Commission and to the appointee.  
31 
SEC. 232.Supervision and control over board of canvassers. - The Commission 
32 
shall have direct control and supervision over the board of canvassers.  
33 
Any member of the board of canvassers may, at any time, be relieved for cause 
34 
and substituted motu proprio by the Commission.  
35 


110 
 
SEC. 233. Notice of meeting of the board of canvassers. - At least five days 
1 
before the meeting of the board of canvassers, the chairperson of the board shall give 
2 
a written notice to all members thereof and to each candidate, political party or 
3 
coalition of political parties fielding candidates, and parties, organizations, and 
4 
coalitions under the party-list system of the date, time and place of the meeting. 
5 
Notices of the canvassing shall be posted at the Office of the Election Officer, 
6 
Office of the Provincial Election Supervisor, Office of the Regional Election Director, 
7 
and in three (3) conspicuous places in the building where the canvass will be held.  
8 
Similar notices shall also be given for subsequent meetings unless notice has 
9 
been issued in open session of the BOC. Proof of service of the written notice to each 
10 
member, candidate, political party and party-list groups shall be attached in the 
11 
Minutes and form part of the records of the proceedings. If notice is given in open 
12 
session such fact shall be recorded in the Minutes of the proceedings. 
13 
Failure to give notice of the date, time, and place of the meeting of the Board 
14 
is an election offense.   
15 
SEC. 234.Canvassing by Provincial, City, District, and Municipal Boards of 
16 
Canvassers. - The city or municipal board of canvassers shall canvass the votes for 
17 
the president, vice-president, senators, members of the House of Representatives, 
18 
elective regional officials, if applicable, elective provincial officials, and elective city or 
19 
municipal officials, as the case may be, by consolidating the electronically transmitted 
20 
results or the results contained in the data storage devices used in the printing of the 
21 
election returns under the automated system and the election returns under the 
22 
manual counting system. Upon completion of the canvass, it shall print and complete 
23 
the certificate of canvass of votes for president, vice-president, senators, members of 
24 
the House of Representatives, elective regional officials, if applicable, and elective 
25 
provincial officials and thereafter, proclaim the elected city or municipal officials, as 
26 
the case may be. 
27 
The city board of canvassers of cities comprising one or more legislative districts 
28 
shall canvass the votes for president, vice-president, senators, members of the House 
29 
of Representatives, elective regional officials, if applicable, and elective city officials 
30 
by consolidating the certificates of canvass electronically transmitted or the results 
31 
contained in the data storage devices used in the printing of the election returns under 
32 
the automated system and the certificate of canvass under the manual counting 
33 
system. Upon completion of the canvass, the board shall produce the certificate of 
34 
canvass of votes for president, vice-president, senators, party-list representatives, 
35 
elective regional officials, if applicable, and thereafter, proclaim the elected members 
36 
of the House of Representatives for such district or districts and city officials. 
37 
The legislative districts of Taguig-Pateros shall have a District Board of 
38 
Canvassers which shall canvass the votes for president, vice-president, senators, and 
39 


111 
 
members of the House of Representatives by consolidating the results electronically 
1 
transmitted from the city/municipal consolidating centers or the results contained in 
2 
the data storage devices under the automated system and certificate of canvass under 
3 
the manual counting system submitted by the board of canvassers of the Municipality 
4 
of Pateros and the City of Taguig. Upon completion of the canvass, it shall produce 
5 
the certificates of canvass for president, vice president, senators, and party-list 
6 
representatives and thereafter, proclaim the elected members of the House of 
7 
Representatives representing the Taguig-Pateros legislative districts. 
8 
The provincial board of canvassers shall canvass the votes for president, vice-
9 
president, senators, members of the House of Representatives, elective provincial 
10 
officials, and, if applicable, elective regional officials, by consolidating the results 
11 
electronically transmitted from the city/municipal consolidating centers or the results 
12 
contained in the data storage devices under the automated system and certificate of 
13 
canvass under the manual counting system submitted by the board of canvassers of 
14 
the municipalities and component cities. Upon completion of the canvass, it shall 
15 
produce the certificates of canvass for president, vice president, senators, party-list 
16 
representatives, and elective regional officials, if applicable, and thereafter, proclaim 
17 
the elected members of the House of Representatives representing the legislative 
18 
districts in the province and the provincial officials. 
19 
Whenever applicable, the regional board of canvassers of autonomous regions 
20 
shall canvass the votes for president, vice-president, senators, party-list 
21 
representatives and the elective regional officials by consolidating the results 
22 
electronically transmitted from the provincial canvassing centers and from the city 
23 
canvassing centers, in case of cities comprising one or more legislative districts, or the 
24 
results contained in the data storage devices under the automated system and 
25 
certificate of canvass under the manual counting system submitted by the board of 
26 
canvassers of the provinces or cities comprising one or more legislative district. Upon 
27 
completion of the canvass, it shall produce the certificates of canvass for president, 
28 
vice president, senators, and party-list representatives, and thereafter, proclaim the 
29 
elected regional officials. 
30 
The municipal, city, district, provincial, and, whenever applicable, regional 
31 
certificates of canvass of votes shall each be supported by a statement of votes. 
32 
Within one hour after the canvassing, the chairperson of the district or 
33 
provincial board of canvassers or the city board of canvassers of those cities which 
34 
comprise one or more legislative districts or the regional board of canvassers shall 
35 
electronically transmit the certificate of canvass under the automated system to the 
36 
Commission sitting as the national board of canvassers for senators and party-list 
37 
representatives and to the Congress as the National Board of Canvassers for the 
38 
president and vice-president, directed to the President of the Senate. Thereafter, the 
39 


112 
 
Certificate of Canvass under the manual system shall also be transmitted, through the 
1 
fastest means available, to the same national board of canvassers. 
2 
The Commission shall adopt adequate and effective measures to preserve the 
3 
integrity of the certificates of canvass transmitted electronically and the results in the 
4 
storage devices at the various levels of the boards of canvassers. 
5 
The certificates of canvass transmitted electronically and digitally signed shall 
6 
be considered as official election results and shall be used as basis for the proclamation 
7 
of a winning candidate: Provided, That in case of recount, as provided under Section 
8 
215, the Commission shall devise a system where the results reflected in said 
9 
certificate of canvass will be adjusted based on the results of the recount without, 
10 
however, changing the entries in such electronically transmitted and digitally signed 
11 
certificate of canvass. 
12 
SEC. 235.Number of Copies of Certificates of Canvass of Votes and their 
13 
distribution. –  
14 
(a) The certificates of canvass of votes under the automated system and under the 
15 
manual counting system, respectively, for president, vice-president, senators, 
16 
members of the House of Representatives, parties, organization or coalitions 
17 
participating under the party-list system, elective regional officials, and elective 
18 
provincial officials shall be produced by the city or municipal board of 
19 
canvassers and distributed as follows: 
20 
(1) The first copy shall be delivered to the provincial board of canvassers for 
21 
use in the canvass of election results for president, vice-president, 
22 
senators, members of the House of Representatives, parties, organization 
23 
or coalitions participating under the party-list system and elective 
24 
provincial officials; 
25 
(2) The second copy shall be sent to the Commission; 
26 
(3) The third copy shall be kept by the chairperson of the board; and 
27 
(4) The fourth copy shall be given to the citizen arm designated by the 
28 
Commission to conduct an unofficial count. It shall be the duty of the 
29 
citizens' arm to furnish independent candidates' copies of the certificate 
30 
of canvass at the expense of the requesting party. 
31 
(5) The fifth copy to Congress, directed to the President of Senate; 
32 
(6) The sixth copy to be posted on a wall within the premises of the 
33 
canvassing center; 
34 
(7) The seventh and eighth copies shall be given to the dominant majority 
35 
and minority parties; and 
36 


113 
 
(8) The ninth to twelfth copies, to national broadcast or print media entities 
1 
as may be equitably determined by the Commission in view of propagating 
2 
the copies to the widest extent possible. 
3 
The board of canvassers shall furnish all other registered parties copies of the 
4 
certificates of canvass at the expense of the requesting party. 
5 
(b) The certificates of canvass of votes for president, vice-president and senators, 
6 
parties, organization or coalitions participating under the party-list system shall 
7 
be produced by the city boards of canvassers of cities comprising one or more 
8 
legislative districts, by provincial boards of canvassers, by district boards of 
9 
canvassers in the Metro Manila area and other highly urbanized areas, and by 
10 
the regional board of canvassers, whenever applicable, and shall be distributed 
11 
as follows:  
12 
(1) The first copy shall be sent to Congress, directed to the president of the 
13 
Senate for use in the canvass of election results for president and vice-
14 
president; 
15 
(2) The second copy shall be sent to the Commission for use in the canvass 
16 
of the election results for senators; 
17 
(3) The third copy shall be kept the chairperson of the board; and 
18 
(4) The fourth copy shall be given to the citizens' arm designated by the 
19 
Commission to conduct an unofficial count. It shall be the duty of the 
20 
citizens' arm to furnish independent candidates copies of the certificate of 
21 
canvass at the expense of the requesting party. 
22 
(5) The fifth copy to Congress, directed to the President of the Senate; 
23 
(6) The sixth copy to be posted on a wall within the premises of the 
24 
canvassing center; 
25 
(7) The seventh and eight copies to the dominant majority and minority 
26 
parties; and 
27 
(8) The ninth to twelfth copies to broadcast media entities as may be 
28 
equitably determined by the Commission in view of propagating the copies 
29 
to the widest extent possible. 
30 
The board of canvassers shall furnish all other registered parties’ copies of the 
31 
certificate of canvass at the expense of the requesting party. 
32 
(c) The certificates of canvass printed and completed by the regional, provincial, 
33 
district, city or municipal boards of canvassers shall be signed and thumb 
34 
marked by the chairman and members of the board and the principal watchers, 
35 
if available. Thereafter, it shall be sealed and placed inside an envelope which 
36 
shall likewise be properly sealed. 
37 


114 
 
In all instances, where the board of Canvassers has the duty to furnish 
1 
registered political parties with copies of the certificate of canvass, the pertinent 
2 
election returns shall be attached thereto. 
3 
Immediately after the sixth copy and its supporting statement of votes are 
4 
printed, the chairman of the board of canvassers shall announce the posting of said 
5 
prints on a wall within the premises of the canvassing center, which must be 
6 
sufficiently lighted and accessible to the public. Any person may view or capture an 
7 
image of the Certificate of Canvass or the supporting statement of votes by means of 
8 
any data capturing device such as, but not limited to, cameras at any time of the day 
9 
for forty-eight (48) hours following the posting. After such period, the chairman of the 
10 
board of canvassers shall detach the certificates of canvass from the wall and keep 
11 
the same in his custody to be produced as may be requested by any voter for image 
12 
or data capturing or for any lawful purpose as may be ordered by competent authority.  
13 
SEC. 236.National Board of Canvassers for Senators and Party-List 
14 
Representatives. - The chairperson and members of the Commission on Election sitting 
15 
en banc, shall compose the national board of canvassers for senators and party-list 
16 
representatives. It shall canvass the results by consolidating the certificates of canvass 
17 
electronically transmitted under the automated system and the transmitted certificate 
18 
of canvass under the manual counting system. Thereafter, the national board shall 
19 
proclaim the winning candidates for senators and party-list representatives.  
20 
SEC. 237.Congress as the National Board of Canvassers for President and Vice-
21 
President. - The Senate and the House of Representatives in joint public session shall 
22 
compose the national board of canvassers for president and vice-president. The 
23 
certificate of canvass for president and vice-president duly certified by the board of 
24 
canvassers of each province or city, shall be electronically transmitted, in case of the 
25 
automated system, and manually delivered, in the case of the manual counting 
26 
system, to the Congress, directed to the president of the Senate. Upon receipt of the 
27 
certificates of canvass, the President of the Senate shall, not later than thirty (30) 
28 
days after the day of the election, open all the certificates in the presence of the 
29 
Senate and the House of representatives in joint public session and the Congress upon 
30 
determination of the authenticity and the due execution thereof in the manner 
31 
provided by law, canvass all the results for president and vice-president and 
32 
thereafter, proclaim the winning candidates.  
33 
SEC. 238.Determination of Authenticity and Due Execution of Certificates of 
34 
Canvass. - Congress or the Commission en banc, as the case may be, shall determine 
35 
the authenticity and due execution of the certificates of canvass, as accomplished and 
36 
transmitted to it by the local boards of canvassers, on a showing that: (1) each 
37 
certificate of canvass was executed, signed and thumb marked by the chairman and 
38 
member of the board of canvassers and transmitted or caused to be transmitted to 
39 
Congress by them; (2) each certificate of canvass contains the names of all of the 
40 


115 
 
candidates for president and vice - president or senator and the party-list groups, as 
1 
the case may be, and their corresponding votes in words and their corresponding 
2 
votes in words and in figures; (3) there exists no discrepancy in other authentic copies 
3 
of the document such as statement of votes of any of its supporting document such 
4 
as statement of votes by city/municipality/by precinct or discrepancy in the votes of 
5 
any candidate in words and figures in the certificate; and (4) there exist no 
6 
discrepancy in the votes of any candidate in words and figures in the certificates of 
7 
canvass against the aggregate number of votes appearing in the election returns of 
8 
precincts covered by the certificate of canvass: Provided, That certified print copies of 
9 
election returns or certificates of canvass may be used for the purpose of verifying the 
10 
existence of the discrepancy. 
11 
When the certificate of canvass, duly certified by the board of canvassers of 
12 
each province, city, district, or autonomous region, appears to be incomplete, the 
13 
Senate President or the Chairman of the Commission, as the case may be, shall require 
14 
the board of canvassers concerned to transmit by personal delivery, the election 
15 
returns from polling places that were not included in the certificate of canvass and 
16 
supporting statements. Said election returns shall be submitted by personal delivery 
17 
within two (2) days from receipt of notice. 
18 
When it appears that any certificate of canvass or supporting statement of votes 
19 
by city/municipality or by precinct bears erasures or alterations which may cast doubt 
20 
as to the veracity of the number of votes stated herein and may affect the result of 
21 
the election, upon request of the presidential, vice-presidential senatorial candidate, 
22 
or his party, or the party-list group concerned, Congress or the Commission en banc, 
23 
as the case may be, shall, for the sole purpose of verifying the actual number of votes 
24 
cast for President and Vice-President, senator or the party-list system, count the votes 
25 
as they appear in the copies of the election returns submitted to it. 
26 
In case of any discrepancy, incompleteness, erasure or alteration as mentioned 
27 
above, the procedure on pre-proclamation controversies shall be adopted and applied 
28 
as provided in this Code. 
29 
Any person who presents in evidence a simulated copy of an election return, 
30 
certificate of canvass or statement of votes, or a printed copy of an election return, 
31 
certificate of canvass or statement of votes bearing a simulated certification or a 
32 
simulated image, shall be guilty of an election offense.  
33 
SEC. 239.Communication Channels for Electronic Transmission. - All electronic 
34 
transmission of the election returns, certificates of canvass and its supporting 
35 
statements, and other related documents shall utilize secure transmission channels 
36 
with the following minimum security features: 
37 


116 
 
(a) Strong authentication- each entity in the communications channel must prove 
1 
its identity to the other by demonstrating knowledge of a key associated with 
2 
the entity without revealing the key itself during the protocol; 
3 
(b) Manual entity authentication; 
4 
(c) Data origin authentication; 
5 
(d) Data integrity; 
6 
(e) Non-reputation of origin; 
7 
(f) Anti-replay- an election return or certificate of canvass once processed cannot 
8 
be resent to be reprocessed at a later time. In case of re-transmission, the 
9 
Board of Canvassers should authenticate themselves to the receiving computer, 
10 
and authorize the non-processing of the previous transmission/s to receive the 
11 
new transmission. Both election returns or certificates of canvass or any 
12 
election result shall be kept in the system for record-keeping; and 
13 
(g) Auditability of transmission post-election- all records of transmission saved on 
14 
all the servers shall be stored and copies furnished the Joint Congressional 
15 
Oversight Committee on the Hybrid Election System and Department of 
16 
Information and Technology in its original entirety. The Commission shall 
17 
digitally sign said copies and certify under oath as to its authenticity and 
18 
integrity. 
19 
The Commission is hereby authorized to procure the necessary equipment, 
20 
facilities, and services for putting up the electronic transmission system in order to 
21 
effectively implement the provisions of this Code. 
22 
The aggregator for the purpose of transmission should not be the same as the 
23 
supplier of the machines used for the automated election system.  
24 
SEC. 240.Safekeeping of the physical copies of election returns or certificates 
25 
of canvass and the devices containing such documents. – After canvassing or 
26 
consolidation of results by the board of canvassers, it shall place the election returns, 
27 
certificates of canvass, and electronic storage devices containing such documents, 
28 
which are designated to be kept by the board of canvassers concerned or by such 
29 
board’s chairperson in ballot boxes that shall be locked with three (3) padlocks and 
30 
one serially-numbered self-locking seal. The Members of the Board of Canvassers shall 
31 
each keep a key to the three (3) padlocks. The serial number of every seal used shall 
32 
be entered in the Minutes. 
33 
The said ballot boxes shall be kept in a safe and secured room before, during 
34 
and after the canvass. The door to the room shall be locked with three (3) padlocks 
35 
with the keys thereof kept by each Member of the Board of Canvassers. 
36 
The watchers shall have the right to guard the room.  
37 


117 
 
SEC. 241.Persons not allowed inside the canvassing venue. - During the 
1 
canvass, it shall be unlawful for the following persons to enter the canvassing venue 
2 
where the transmission, consolidation and canvass are being held or to stay within a 
3 
radius of fifty (50) meters from such canvassing venue: 
4 
(1) Any officer or member of the Armed Forces of the Philippines; 
5 
(2) Any officer or member of the Philippine National Police; 
6 
(3) Any peace officer or any armed or unarmed persons belonging to an extra-legal 
7 
police agency, special forces, strike forces, or Civilian Armed Force 
8 
Geographical Units (CAFGU), or its equivalent; 
9 
(4) Any barangay tanod or any member of barangay self-defense units; 
10 
(5) Any member of the security or police organizations of government agencies, 
11 
commissions, councils, bureaus, offices, instrumentalities, or government-
12 
owned or controlled corporations or their subsidiaries; or 
13 
(6) Any member of a privately-owned or operated security, investigative, protective 
14 
or intelligence agency performing identical or similar functions. 
15 
However, the Board of Canvassers may, whenever necessary, by majority vote, 
16 
direct in writing for the detail of police officers or peace officers for their protection or 
17 
for the protection of the machines, election documents and paraphernalia, or for the 
18 
maintenance of peace and order, in which case said police officers or peace officers, 
19 
who shall be in proper uniform, shall stay outside the room but near enough to be 
20 
easily called by the Board of Canvassers at any time.  
21 
SEC. 242.When the election returns are delayed, lost or destroyed. - In case 
22 
its copy of the election returns is missing, the board of canvassers shall, by messenger 
23 
or otherwise, obtain such missing election returns from the board of election 
24 
inspectors concerned, or if said returns have been lost or destroyed, the board of 
25 
canvassers, upon prior authority of the Commission, may use any of the authentic 
26 
copies of said election returns or a certified copy of said election returns issued by the 
27 
Commission, and forthwith direct its representative to investigate the case and 
28 
immediately report the matter to the Commission.  
29 
The board of canvassers, notwithstanding the fact that not all the election 
30 
returns have been received by it, may terminate the canvass and proclaim the 
31 
candidates elected on the basis of the available election returns if the missing election 
32 
returns will not affect the results of the election. 
33 
SEC. 243.Material defects in the election returns. – If it should clearly appear 
34 
that some requisites in form or data had been omitted in the election returns for the 
35 
manual count or manual recount, the Board of Canvassers shall call for all the 
36 
members of the board of the electoral board concerned by the most expeditious 
37 
means, for the same board to effect the correction and thereafter affix their initials 
38 


118 
 
therein: Provided, That if the omission in the election returns pertains to the votes of 
1 
a candidate or candidates and the result of the manual count cannot be ascertained 
2 
by other means except by recounting the ballots, the Commission, after satisfying 
3 
itself that the identity and integrity of the ballot box have not been violated, shall 
4 
order the electoral board to open the ballot box, and, also after satisfying itself that 
5 
the integrity of the ballots therein has been duly preserved, order the board of 
6 
electoral board to recount the votes for the candidate or candidates whose votes have 
7 
been omitted with notice thereof to all candidates for the position involved and 
8 
thereafter complete the returns.  
9 
The right of a candidate to avail of this provision shall not be lost or affected 
10 
by the fact that an election protest is subsequently filed by any of the candidates.  
11 
SEC. 244.When election returns appear to be tampered with or falsified. - If 
12 
the election returns that is submitted to the board of canvassers appear to be 
13 
tampered with, altered or falsified after they have left the hands of the electoral board, 
14 
or otherwise not authentic, or were prepared by the electoral board under duress, 
15 
force, intimidation, or prepared by persons other than the member of the electoral 
16 
board, the certificate of votes shall be the primary evidence to prove tampering, 
17 
alteration, falsification or any anomaly committed in the election returns concerned, 
18 
when duly authenticated by testimonial or documentary evidence presented to the 
19 
board of canvassers by at least two members of the electoral board who issued the 
20 
certificate: Provided, That upon a showing that the electoral board failed to issue said 
21 
certificates or that such certificates were prepared under duress, other evidence of 
22 
tampering, alteration, or falsification, or any anomaly, as may be admissible in the 
23 
Rules of Court, may be resorted to.  
24 
SEC. 245.Discrepancies in election returns. - In case it appears to the board 
25 
of canvassers that there exists discrepancies in the other authentic copies of the 
26 
election returns or discrepancies in the votes of any candidate in words and figures in 
27 
the same return, and in either case the difference affects the results of the election, 
28 
the Commission shall, upon motion of the board of canvassers or by any affected 
29 
candidate and after due notice to all candidates concerned, summarily determine the 
30 
true result of the counting of votes using the certificates of votes: Provided, That in 
31 
case there is proof that the electoral board concerned failed to issue aforesaid 
32 
certificates or that such certificates were issued under duress, the Commission may 
33 
base its determination on other pieces of evidence: Provided further, That in case 
34 
there is no other means of determining the true results of the counting, the 
35 
Commission shall proceed summarily to determine whether the integrity of the ballot 
36 
box had been preserved, and once satisfied thereof shall order the opening of the 
37 
ballot box to recount the votes cast in the polling place solely for the purpose of 
38 
determining the true result of the count of votes of the candidates concerned. 
39 


119 
 
SEC. 246.Failure of the electoral board to conduct a manual recount. - If it 
1 
appears from the election returns that the electoral board should have conducted a 
2 
manual recount, as provided under Section 215 of this Code, the Commission shall, 
3 
upon motion of the Board of Canvassers or any affected party, order the electoral 
4 
board concerned to conduct a manual recount. If the failure of the electoral board to 
5 
conduct a recount is due to errors in the tabulation in the election returns, the 
6 
Commission shall order the correction of the election returns and the conduct of a 
7 
manual recount.  
8 
Deliberate failure or refusal of the Electoral Board to conduct a recount as 
9 
provided under Section 215 of this Code shall constitute an election offense. 
10 
SEC. 247.Canvass of remaining or unquestioned returns to continue. - In cases 
11 
where there are questioned election returns, the board of canvassers shall continue 
12 
the canvass of the remaining or unquestioned election returns. If, after the canvass 
13 
of all the said returns, it should be determined that the returns which have been set 
14 
aside will affect the result of the election, no proclamation shall be made except upon 
15 
orders of the Commission after due notice and hearing. Any proclamation made in 
16 
violation hereof shall be null and void. 
17 
SEC. 248.Watchers; Qualifications and Disqualifications; Rights and Duties. - 
18 
Each registered political party, or coalition of political parties fielding candidates, 
19 
accredited political parties, party-list groups, and every candidate, shall be entitled to 
20 
one watcher in every canvassing center: Provided, That the candidates for the 
21 
Sangguniang Bayan, Sangguniang Panlungsod, or Sangguniang Panlalawigan 
22 
belonging to the same slate or ticket shall collectively be entitled to only one watcher. 
23 
The duly accredited citizens' arm, or other organizations with prior authority of the 
24 
Commission, shall be entitled to two (2) watchers to serve alternately. 
25 
If the space in a canvassing center reserved for watchers is insufficient, 
26 
preference shall be given to the watchers of the dominant majority and dominant 
27 
minority parties, as determined by the Commission, and the duly accredited citizens’ 
28 
arm. 
29 
No person shall be appointed as a watcher unless said person: (a) is a 
30 
registered voter of the city or municipality; (b) is of good moral character; (c) has not 
31 
been convicted by final judgement of any election offense or of any other crime; (d) 
32 
knows how to read and write Filipino, English or the prevailing local dialect; and (e) is 
33 
not related within the fourth (4th) civil degree of consanguinity or affinity to any 
34 
member of the Board of Canvassers, the Information Technology Support Personnel, 
35 
members of the Reception and Custody Group, and other support personnel of the 
36 
Board of Canvassers.  
37 
Upon entering the canvassing venue, the watchers shall present to the 
38 
Chairperson of the Board of Canvassers their appointments, and proof that they are 
39 


120 
 
registered voters of the city or municipality where they are assigned. Their names 
1 
shall be recorded in the Minutes with a notation under their signatures that they are 
2 
not disqualified to serve as such under the immediately preceding paragraph. 
3 
The watchers shall have the right to: 
4 
(a) Be present at, and take note of, all the proceedings of the Board of Canvassers; 
5 
(b) Stay at the designated watchers' area; and 
6 
(c) File 
a 
protest 
in 
writing, 
against 
any 
irregularity 
noted 
in 
the 
7 
consolidation/canvass of the election returns/certificates of canvass and obtain 
8 
from the Board of Canvassers a resolution thereon in writing. 
9 
Watchers shall not be allowed to participate in the deliberation and proceedings 
10 
of the Board of Canvassers.  
11 
 
12 
Article 22 
13 
Proclamation 
14 
SEC. 249.Proclamation of the President-elect and Vice-President-elect. - Upon 
15 
the completion of the canvass of the votes by the Congress, the persons obtaining the 
16 
highest number of votes for President and for Vice-President shall be proclaimed 
17 
elected. In case two or more shall have an equal and the highest number of votes, 
18 
one of them shall forthwith be chosen by the vote of a majority of all the Members of 
19 
both Houses of the Congress, voting jointly.  
20 
SEC. 250.Proclamation of the Senators and Party-list Representatives. - Upon 
21 
the completion of the canvass by the Commission en banc, the qualified candidates 
22 
corresponding to the number of Senators to be elected who receive the highest 
23 
number of votes shall be proclaimed.  
24 
The nominees of the national or regional political party, coalition of political 
25 
parties, sectoral party or organization participating in party-list election, in accordance 
26 
with the number of seats allocated for the particular party, organization or coalition, 
27 
and strictly in the order of the list of nominees submitted by them to the Commission, 
28 
shall be proclaimed.  
29 
SEC. 251. Proclamation of District Representatives and Local Officials. - Upon 
30 
the completion of canvass by the city, municipal, provincial, or district board of 
31 
canvassers, the qualified candidate receiving the highest number of votes for the 
32 
position of governor, vice-governor, mayor, vice-mayor, or member of the House of 
33 
Representatives, as the case may be, shall be proclaimed. 
34 
In the case of the position of member of the Sangguniang Panlalawigan, 
35 
Sangguniang Panlungsod, Sangguniang Bayan or, whenever applicable, of the 
36 
regional parliament, the qualified candidates corresponding to the number of members 
37 


121 
 
to be elected in the Sangguniang or parliament concerned who receive the highest 
1 
number of votes shall be proclaimed.  
2 
SEC. 252. The proclamation mentioned in the three preceding sections shall 
3 
be made only upon submission of all certificates of canvass unless the missing 
4 
certificates of canvass will not affect the results of the election.  
5 
SEC. 253.Proclamation of a lone candidate in a special election. - Upon the 
6 
expiration of the deadline for the filing of the certificates of candidacy in a special 
7 
election called to fill a vacancy in an elective position other than for President and Vice 
8 
President, when there is only one (1) qualified candidate for such position, the lone 
9 
candidate shall be proclaimed elected to the position by proper proclaiming body of 
10 
the Commission without holding the special election upon certification by the 
11 
Commission that he or she is the only candidate for the office and is thereby deemed 
12 
elected.  
13 
SEC. 254.Election resulting in tie. – Except when otherwise provided elsewhere 
14 
in this Code, whenever it shall appear from the canvass that two or more candidates 
15 
have received an equal and highest number of votes, or in cases where two or more 
16 
candidates are to be elected for the same position and two or more candidates 
17 
received the same number of votes for the last place in the number to be elected, the 
18 
board of canvassers, after recording this fact in its minutes, shall by resolution, upon 
19 
five days’ notice to all the tied candidates, hold a special public meeting at which the 
20 
board of canvassers shall proceed to the drawing of lots of the candidates who have 
21 
tied and shall proclaim as elected the candidates who may be favored by luck, and 
22 
the candidates so proclaimed shall have the right to assume office in the same manner 
23 
as if he had been elected by plurality of vote. The board of canvassers shall forthwith 
24 
make a certificate stating the name of the candidate who had been favored by luck 
25 
and his proclamation on the basis thereof.  
26 
Nothing in this section shall be construed as depriving a candidate of his right 
27 
to contest the election. 
28 
 
29 
CHAPTER VI 
30 
OVERSEAS REGISTRATION, VOTING, COUNTING, AND CANVASSING 
31 
 
32 
Article 23 
33 
Registration for Overseas Voting 
34 
SEC. 255.Coverage. - All citizens of the Philippines abroad, who are not 
35 
otherwise disqualified by law, at least eighteen (18) years of age on the day of 
36 
elections, may register for overseas voting and vote for President, Vice-President, 
37 


122 
 
Senators and Party-List Representatives, as well as in all national referenda and 
1 
plebiscites.  
2 
All persons who, at the time of the effectivity of this Code, are already 
3 
registered as overseas voters, need not register anew in order to avail of overseas 
4 
voting. 
5 
SEC. 256.Disqualifications. - The following shall be disqualified from 
6 
registering and voting under this Chapter: 
7 
(a) Those who have lost their Filipino citizenship in accordance with Philippine 
8 
laws; 
9 
(b) Those who have expressly renounced their Philippine citizenship and who have 
10 
pledged allegiance to a foreign country, except those who have reacquired or 
11 
retained their Philippine citizenship under Republic Act No. 9225, otherwise 
12 
known as the 'Citizenship Retention and Reacquisition Act of 2003′; 
13 
(c) Those who have committed and are convicted in a final judgment by a 
14 
Philippine court or tribunal of an offense punishable by imprisonment of not 
15 
less than one (1) year, such disability not having been removed by plenary 
16 
pardon or amnesty: Provided, however, That any person disqualified to vote 
17 
under this subsection shall automatically acquire the right to vote upon the 
18 
expiration of five (5) years after service of sentence; or 
19 
(d) Any citizen of the Philippines abroad previously declared insane or incompetent 
20 
by competent authority in the Philippines or abroad, as verified by the Philippine 
21 
embassies, consulates or foreign service establishments concerned, unless 
22 
such competent authority subsequently certifies that such person is no longer 
23 
insane or incompetent.  
24 
SEC. 257. Personal Overseas Registration and/or Certification. - Registration 
25 
and/or certification as an overseas voter shall be done in person at any post abroad 
26 
or at designated registration centers outside the post or in the Philippines approved 
27 
by the Commission. 
28 
Field and mobile registration centers shall be set up by the posts concerned to 
29 
ensure accessibility by the overseas voters. 
30 
All applicants shall submit themselves for live capture of their biometrics.  
31 
SEC. 258.Resident Election Registration Board (RERB); Composition, 
32 
Appointment, Disqualification and Compensation. – The RERB shall be composed of 
33 
the following: 
34 
(a) A career official of the Department of Foreign Affairs, as Chairperson; 
35 
(b) The most senior officer from the Department of Labor and Employment (DOLE) 
36 
or any government agency of the Philippines maintaining offices abroad, as 
37 


123 
 
member: Provided, That in case of disqualification or non-availability of the 
1 
most senior officer from the DOLE or any government agency of the Philippines 
2 
maintaining offices abroad, the Commission shall designate a career official 
3 
from the embassy or consulate concerned; and 
4 
(c) A registered overseas voter of known probity, as member. 
5 
The Commission shall appoint the members of the RERB upon the 
6 
recommendation of the Department of Foreign Affairs-Overseas Voting Secretariat 
7 
(DFA-OVS). 
8 
The RERB in the Office for Overseas Voting (OFOV) shall be based in the main 
9 
office of the Commission and shall be composed of a senior official of the Commission 
10 
as the Chairperson and one (1) member each from the DFA and the DOLE, whose 
11 
rank shall not be lower than a division chief or its equivalent. 
12 
No member of the RERB shall be related to each other or to an incumbent 
13 
President, Vice-President, Senator or Member of the House of Representatives 
14 
representing the party-list system of representation, within the fourth civil degree of 
15 
consanguinity or affinity. 
16 
Each member of the RERB shall be entitled to an honorarium at the rates 
17 
approved by the Department of Budget and Management (DBM).  
18 
SEC. 259.Duties and Functions of the RERB. – The RERB shall have the 
19 
following duties and functions: 
20 
(a) Post in the bulletin boards of the embassy or consulates or at the OFOV, as the 
21 
case may be, and in their respective websites, the names of the applicants and 
22 
the dates when their applications shall be heard, as well as the place where the 
23 
RERB will hold its hearing; 
24 
(b) Notify, through the OFOV, all political parties and other parties concerned of 
25 
the pending applications through a weekly updated publication in the website 
26 
of the Commission; 
27 
(c) Act on all applications received; 
28 
(d) Notify all applicants, whose applications have been disapproved, stating the 
29 
reasons for such disapproval; 
30 
(e) Prepare a list of all approved applications during each hearing and post the 
31 
same at the bulletin boards of the embassy or consulates or at the OFOV, as 
32 
the case may be, and in their respective websites; 
33 
(f) Deactivate the registration records of overseas voters; and 
34 
(g) Perform such other duties as may be consistent with its functions as provided 
35 
under this Act.  
36 


124 
 
SEC. 260.National Registry of Overseas Voters (NROV). – The Commission 
1 
shall maintain a National Registry of Overseas Voters or NROV containing the names 
2 
of registered overseas voters and the posts where they are registered. 
3 
Likewise, the Commission shall maintain a registry of voters (ROV) per 
4 
municipality, city or district containing the names of registered overseas voters 
5 
domiciled therein. The Commission shall provide each and every municipality, city or 
6 
district with a copy of their respective ROVS for their reference.  
7 
SEC. 261.Preparation and Posting of Certified List of Overseas Voters. – The 
8 
Commission shall prepare the Certified List of Overseas Voters or CLOV not later than 
9 
ninety (90) days before the start of the overseas voting period, and furnish within the 
10 
same period electronic and hard copies thereof to the appropriate posts, which shall 
11 
post the same in their bulletin boards and/or websites within ten (10) days from 
12 
receipt thereof. 
13 
Subject to reasonable regulation and the payment of fees in such amounts as 
14 
may be fixed by the Commission, the candidates, political parties, accredited citizens’ 
15 
arms, and all other interested persons shall be furnished copies thereof: Provided, 
16 
That nongovernmental organizations and other civil society organizations accredited 
17 
by and working with the Commission as partners on overseas voters’ education and 
18 
participation shall be exempt from the payment of fees.  
19 
SEC. 262.Requirements for Registration. – Every registrant for overseas voting 
20 
shall be required to furnish the following documents: 
21 
(a) A valid Philippine passport. In the absence of a valid passport, a certification of 
22 
the DFA that it has reviewed the appropriate documents submitted by the 
23 
applicant and has found them sufficient to warrant the issuance of a passport, 
24 
or that the applicant is a holder of a valid passport but is unable to produce the 
25 
same for a valid reason; 
26 
(b) Accomplished registration form prescribed by the Commission; and 
27 
(c) Applicants who availed themselves of the ‘Citizen Retention and Reacquisition 
28 
Act’ (Republic Act No. 9225) shall present the original or certified true copy of 
29 
the order of approval of their application to retain or reacquire their Filipino 
30 
citizenship issued by the post or their identification certificate issued by the 
31 
Bureau of Immigration. 
32 
The Commission may also require, additional data to facilitate registration and 
33 
recording. No information other than those necessary to establish the identity and 
34 
qualification of the applicant shall be required. 
35 
All applications for registration and/or certification as an overseas voter shall 
36 
be considered as applications to vote overseas. An overseas voter is presumed to be 
37 


125 
 
abroad until she/he applies for transfer of her/his registration records or requests that 
1 
her/his name be cancelled from the National Registry of Overseas Voters.  
2 
SEC. 263.Deactivation and Reactivation of Registration. - The RERB shall 
3 
deactivate and remove the registration records of persons who suffer from any of the 
4 
causes of deactivation provided for in Section 46 of this Code. The fact of deactivation 
5 
shall be annotated in the NROV and the corresponding ROV.  
6 
Any overseas voter whose registration has been deactivated pursuant to the 
7 
preceding section may file with the RERB at any time, but not later than one hundred 
8 
twenty (120) days before the start of the overseas voting period, a sworn application 
9 
for reactivation of registration stating that the grounds for the deactivation no longer 
10 
exist.  
11 
SEC. 264.Cancellation of Registration. – The RERB shall cancel the registration 
12 
records of those who have died, as certified by either the posts or by the local civil 
13 
registrar, and those who have been proven to have lost their Filipino citizenship.  
14 
SEC. 265.Voters Excluded from the NROV Through Inadvertence. – Any 
15 
registered overseas voter whose name has been inadvertently omitted from the NROV 
16 
may, personally or through an authorized representative, file with the RERB through 
17 
the OFOV or the post exercising jurisdiction over the voter’s residence, an application 
18 
under oath for reinstatement not later than one hundred twenty (120) days before 
19 
the start of the overseas voting period.  
20 
The RERB shall resolve the application within one (1) month from receipt 
21 
thereof, otherwise the application shall be deemed approved. 
22 
SEC. 266. Application for Correction of Entries and Change of Name. – Any 
23 
registered overseas voter who intends to change her/his name by reason of marriage, 
24 
death of husband, or final court judgment; or to correct a misspelled name or any 
25 
erroneous entry in the NROV, CLOV and other related documents may, personally or 
26 
through an authorized representative, file an application under oath for change of 
27 
name or correction of entries with the RERB through the OFOV or the post exercising 
28 
jurisdiction over the voter’s residence not later than ninety (90) days before the start 
29 
of the overseas election period. 
30 
The RERB shall resolve the application within one (1) month from receipt 
31 
thereof, otherwise the application shall be deemed approved.  
32 
SEC. 267.Transfer of Registration Record. – In the event of change of voting 
33 
venue, an application for transfer of registration record must be filed by the overseas 
34 
voter with the OFOV at least one hundred eighty (180) days prior to the start of the 
35 
overseas voting period: Provided, That those who would eventually vote in the 
36 
Philippines should register within the time frame provided for local registration in the 
37 
municipality, city or district where they intend to vote: Provided, further, That those 
38 
who have registered in the municipality, city or district where they resided prior to 
39 


126 
 
their departure abroad need not register anew: Provided, finally, That transferees shall 
1 
notify the OFOV of their transfer back to the Philippines at least one hundred eighty 
2 
(180) days prior to the next national elections for purposes of cancelling their names 
3 
from the Certified List of Overseas Voters (CLOV) and of removing their overseas 
4 
voter’s registration from the book of voters.  
5 
SEC. 268.Petition for Exclusion, Motion for Reconsideration, Petition for 
6 
Inclusion. - 
7 
(a) Petition for Exclusion. – If the application for has been approved, any interested 
8 
party may file a petition for exclusion not later than one hundred eighty (180) 
9 
days before the start of the overseas voting period with the proper 
10 
Municipal/Metropolitan Trial Court in the City of Manila or where the overseas 
11 
voter resides in the Philippines, at the option of the petitioner. 
12 
The petition shall be decided on the basis of the documents submitted within 
13 
fifteen (15) days from its filing, but not later than one hundred twenty (120) 
14 
days before the start of the overseas voting period. Should the Court fail to 
15 
render a decision within the prescribed period, the ruling of the RERB shall be 
16 
considered affirmed. 
17 
(b) Motion for Reconsideration. – If the application has been disapproved, the 
18 
applicant or the authorized representative shall have the right to file a motion 
19 
for reconsideration before the RERB within a period of five (5) days from receipt 
20 
of the notice of disapproval. The motion shall be decided within five (5) days 
21 
after its filing on the basis of documents submitted but not later than one 
22 
hundred twenty (120) days before the start of the overseas voting period. The 
23 
resolution of the RERB shall be immediately executory, unless reversed or set 
24 
aside by the Court. 
25 
(c) Petition for Inclusion. – Within ten (10) days from receipt of notice denying the 
26 
motion for reconsideration, the applicant may file a petition for inclusion with 
27 
the proper Municipal/Metropolitan Trial Court in the City of Manila or where the 
28 
overseas voter resides in the Philippines, at the option of the petitioner. 
29 
The petition shall be decided on the basis of the documents submitted within 
30 
fifteen (15) days from filing, but not later than one hundred twenty (120) days before 
31 
the start of the overseas voting period. Should the Court fail to render a decision 
32 
within the prescribed period, the RERB ruling shall be considered affirmed. 
33 
Qualified Philippine citizens abroad who have previously registered as voters 
34 
pursuant to Republic Act No. 8189, otherwise known as the ‘Voter’s Registration Act 
35 
of 1996′, shall apply for certification as overseas voters and for inclusion in the 
36 
National Registry of Overseas Voters (NROV). In case of approval, the Election Officer 
37 
concerned shall annotate the fact of registration/certification as overseas voter before 
38 


127 
 
the voter’s name as appearing in the certified voters’ list and in the voter’s registration 
1 
records.  
2 
SEC. 269. System of Continuing Registration. – The Commission shall ensure 
3 
that the benefits of the system of continuing registration are extended to qualified 
4 
overseas voters. Registration shall commence not later than six (6) months after the 
5 
conduct of the last national elections. Towards this end, the Commission shall be 
6 
authorized to utilize and optimize the use of existing facilities, personnel and 
7 
mechanisms of the various government agencies for purposes of data gathering and 
8 
validation, information dissemination and facilitation of the registration process, 
9 
subject to the pertinent provisions of R.A. 10173. 
10 
Pre-departure Orientation Seminars (PDOS), services and mechanisms offered 
11 
and administered by the DFA, the DOLE, the Philippine Overseas Employment 
12 
Administration (POEA), the Overseas Workers’ Welfare Administration (OWWA), the 
13 
Commission on Filipinos Overseas and by other appropriate agencies of the 
14 
government and private agencies providing the same services shall include the salient 
15 
features of this Chapter and shall be utilized for purposes of supporting the overseas 
16 
registration and voting processes. 
17 
All employment contracts processed and approved by the POEA shall state the 
18 
right of migrant workers to exercise their constitutional right of suffrage within the 
19 
limits provided for by this Chapter.  
20 
SEC. 270.Notice of Registration and Election. – The Commission shall, through 
21 
the posts cause the publication in a newspaper of general circulation of the place, date 
22 
and time of the holding of a regular or special national election and the requirements 
23 
for the participation of qualified citizens of the Philippines abroad, at least six (6) 
24 
months before the date set for the filing of applications for registration. 
25 
The Commission shall determine the countries where publication shall be made, 
26 
and the frequency thereof, taking into consideration the number of overseas Filipinos 
27 
present in such countries. Likewise, the Commission and the DFA shall post the same 
28 
in their respective websites.  
29 
 
30 
Article 24 
31 
Overseas Voting 
32 
SEC. 271.The Overseas Voting Period. - The voting period for overseas voting 
33 
shall be thirty days, the last day of which, shall be the day of the election in the 
34 
Philippines. The overseas voting period shall be continuous and inclusive of established 
35 
holidays in the Philippines and of such other holidays in the host countries.  
36 
SEC. 272.Printing and Transmittal of Ballots, Voting Instructions, Election 
37 
Forms and Paraphernalia. - 
38 


128 
 
The Commission shall cause the printing of ballots for overseas voters and all 
1 
other accountable election forms. In the printing of ballots for overseas voting, the 
2 
provisions of Section 182 of this Code, insofar as they are applicable, shall be 
3 
observed: Provided, That the total number of ballots printed for overseas voting shall 
4 
not exceed the total number of registered overseas voters. 
5 
The Commission shall present to the authorized representatives of the DFA, the 
6 
accredited political or sectoral parties or organization, and the deputized citizen’s arms 
7 
of the Commission the ballots for overseas voters, voting instructions, election forms 
8 
and other election paraphernalia for scrutiny and inspection prior to their transmittal 
9 
to the posts.  
10 
The Commission shall transmit, as far as practicable, but not later than forty-
11 
five (45) days before the day of elections, by special pouch to all posts the exact 
12 
number of ballots for overseas voters corresponding to the number of approved 
13 
applications, along with such accountable forms necessary to ensure the secrecy and 
14 
integrity of the election. 
15 
Authorized representatives of the DFA, the accredited political or sectoral 
16 
parties or organization, candidates, and the deputized citizen’s arms of the 
17 
Commission shall have the right to be present in all phases of printing, transmittal, 
18 
and casting of mailed ballots abroad. Unclaimed ballots properly marked as such, shall 
19 
be cancelled and shipped to the Commission by the least costly method.  
20 
SEC. 273.Regulation on Campaigning Abroad. – Personal campaigning, the use 
21 
of campaign materials, as well as the limits on campaign spending shall be governed 
22 
by Article 9 of this Code: Provided, That all forms of campaigning abroad within the 
23 
thirty (30)-day overseas voting period shall be prohibited.  
24 
SEC. 274. Special Electoral Board; Constitution and Appointment. - The 
25 
Commission, through the OFOV, shall, upon recommendation of the DFA-OVS, 
26 
constitute in every Post, not later than the start of the campaign period for national 
27 
candidates, at least one (1) special electoral board, which shall be composed of a 
28 
chairperson, a poll clerk, and the third member. They shall be officers and members 
29 
of the foreign service post, including attachés of other Philippine Government 
30 
Agencies, posted aboard and deputized by the Commission.  
31 
The chairperson, poll clerk, or third member of the special electoral board shall 
32 
have the same qualifications and shall be subject to the same disqualifications as 
33 
members of the electoral board. 
34 
SEC. 275.Qualifications and Disqualifications of Members of the Special 
35 
Electoral Board. - No person shall be appointed as chairperson, poll clerk, or third 
36 
member of the special electoral board, whether regular or substitute, unless: 
37 
(a) Such person is of good moral character and irreproachable reputation; 
38 


129 
 
(b) He or she is citizen of the Philippines physically residing aboard; 
1 
(c) He or she has never been convicted of any election offense or of any other 
2 
crime punishable by more than six (6) months of imprisonment and has no 
3 
pending case in court for any election offense; and 
4 
(d) Such person is able to speak and write Filipino or English 
5 
Any career public officer posted abroad, appointed or designated by the 
6 
Commission, as the case may be, shall be the Chairperson. In the absence of other 
7 
government officers, the two (2) other members shall be citizens of the Philippines 
8 
who are registered overseas voters and deputized by the Commission.  
9 
The chairperson and members of the special electoral board shall be subject to 
10 
the same disqualifications as the members of the electoral board. 
11 
SEC. 276.Powers and functions of the special electoral board. - The special 
12 
electoral board shall have the following powers/functions: 
13 
(a) Conduct the voting and/or counting of votes; 
14 
(b) Transmission of the election results; 
15 
(c) Act as deputies of the Commission in the supervision and control of the election 
16 
in the polling places where they are assigned; 
17 
(d) Perform such other functions as may be prescribed by the Commission in 
18 
furtherance of the objective to ensure clean, honest, orderly, and credible 
19 
elections. 
20 
SEC. 277.Special Ballot Reception and Custody Group; Constitution and 
21 
Appointment. - The Commission, through the OFOV, shall, upon recommendation of 
22 
the DFA-OVS, constitute in every Post, not later than the start of the campaign period 
23 
for national candidates, a Special Ballot Reception and Custody Group (SBRCG), which 
24 
shall be composed of three members. 
25 
SEC. 278.Qualifications/Disqualifications of Members/Substitutes of the 
26 
SBRCG. - No person shall be appointed as chairperson or member of the SBRCG, 
27 
whether regular or substitute, unless: 
28 
(a) Such person is of good moral character and irreproachable reputation; 
29 
(b) He or she is citizen of the Philippines physically residing aboard; 
30 
(c) He or she has never been convicted of any election offense or of any other 
31 
crime punishable by more than six (6) months of imprisonment and has no 
32 
pending case in court for any election offense; 
33 
(d) Such person is able to speak and write Filipino or English; and 
34 
(e) Such person is from among the staff of the Posts. 
35 


130 
 
In case of shortage of qualified staff of the Posts, citizens of the Philippines 
1 
who are registered overseas voters, who are of known probity and competence, may 
2 
be appointed as members of the SBRCG: Provided, That the Chairperson shall be an 
3 
officer or member of the foreign service corps.  
4 
Members of the SBRCG shall be subject to the same disqualifications as 
5 
members of the electoral board. 
6 
SEC. 279.Functions of the SBRCG. - The SBRCG shall perform the following 
7 
duties and functions: 
8 
(a) Receive from the OFOV all accountable and non-accountable election forms, 
9 
supplies, paraphernalia, and equipment to be used in voting, counting, and 
10 
canvassing; 
11 
(b) Verify the quantity and serial numbers of all ballots, election returns, canvassing 
12 
forms, and other accountable forms, and equipment received, in the presence 
13 
of the head of the Post and the authorized representatives of accredited political 
14 
or sectoral parties or organization, candidates, the deputized citizen’s arms of 
15 
the Commission and Filipino community organizations, if available; 
16 
(c) Store all received forms, supplies, and equipment in a secure place; 
17 
(d) Perform such other duties and functions as mandated by the Commission as 
18 
may be consistent in protecting the sanctity of the ballots and other 
19 
accountable forms.  
20 
SEC. 280.Voting. – Voting may be done either personally, by mail or by any 
21 
other means as may be determined by the Commission. For this purpose, the 
22 
Commission shall issue the necessary guidelines on the manner and procedures of 
23 
voting. 
24 
The OFOV, in consultation with the DFA-OVS, shall determine the countries 
25 
where voting shall be done by any specific mode, taking into consideration the 
26 
following criteria: the number of registered voters, accessibility of the posts, efficiency 
27 
of the host country’s postal system, and such other circumstances that may affect the 
28 
conduct of voting. 
29 
The Commission shall announce the specific mode of voting per country/post 
30 
at least one hundred twenty (120) days before the start of the overseas voting period.   
31 
The Hybrid Election System shall not apply to overseas voting. 
32 
SEC. 281.Casting and Submission of Ballots. – 
33 
(1) Upon receipt by the Special Electoral Board of the ballots for overseas voters, 
34 
voting instructions, election forms and other paraphernalia, they shall make 
35 
these available on the premises to the qualified overseas voters in their 
36 
respective jurisdictions during the overseas voting period. Immediately upon 
37 


131 
 
receiving it, the overseas voter must fill-out her/his ballot personally, in secret, 
1 
without leaving the premises of the posts concerned. 
2 
(2) The overseas voter shall personally accomplish her/his ballot at the post that 
3 
has jurisdiction over the country where she/he temporarily resides or at any 
4 
polling place designated and accredited by the Commission. 
5 
(3) The overseas voter shall cast her/his ballot, upon verification by the poll clerk 
6 
of the voter’s identity and that he or she is entitled to vote in the overseas 
7 
voting. The OFOV, in consultation with the DFA-OVS, shall provide a list of 
8 
documents which may be used to verify the identity of the voters. 
9 
(4) All accomplished ballots received shall be placed unopened inside sealed 
10 
containers and kept in a secure place designated by the Commission. 
11 
(5) The posts concerned shall keep a complete record of the ballots for overseas 
12 
voters, specifically indicating the number of ballots they actually received, and 
13 
in cases where voting by mail is allowed, the names and addresses of the voters 
14 
to whom these ballots were sent, including proof of receipt thereof. In addition, 
15 
the posts shall submit a formal report to the Commission and the Joint 
16 
Congressional Oversight Committee for Overseas Voting within thirty (30) days 
17 
from the day of elections. Such report shall contain data on the number of 
18 
ballots cast and received by the offices, the number of invalid and unclaimed 
19 
ballots and other pertinent data. 
20 
(6) Ballots not claimed by the overseas voters at the posts, in case of personal 
21 
voting, and ballots returned to the posts concerned, in the case of voting by 
22 
mail, shall be cancelled and shipped to the Commission by the least costly 
23 
method within six (6) months from the day of elections. 
24 
(7) Only ballots cast, and mailed ballots received by the posts concerned in 
25 
accordance with Section 282 hereof before the close of voting on the day of 
26 
elections shall be counted. All envelopes containing the ballots received by the 
27 
posts after the prescribed period shall not be opened, and shall be cancelled 
28 
and shipped to the Commission by the least costly method within six (6) months 
29 
from the day of elections. 
30 
(8) The SBRCG will receive the ballots and take custody of the same preparatory 
31 
to their transmittal to the special electoral board. 
32 
(9) The authorized representatives of the political parties, party-list groups, 
33 
candidates, and accredited citizens’ arms of the Commission shall be notified in 
34 
writing thereof and shall have the right to witness the proceedings. 
35 
(10) The Commission shall study the use of electronic mail, internet, or other 
36 
secured networks in the casting of votes, and submit a report thereon to the 
37 
Joint Congressional Oversight Committee on Overseas Voting.  
38 


132 
 
SEC. 282.Voting by Mail. – 
1 
(1) Voting by mail may be allowed in countries that satisfy the following conditions: 
2 
(a) Where the mailing system is fairly well-developed and secure to prevent 
3 
the occasion of fraud; 
4 
(b) Where there exists a technically established identification system that 
5 
would preclude multiple or proxy voting; and, 
6 
(c) Where the system of reception and custody of mailed ballots in the 
7 
embassies, consulates and other foreign service establishments 
8 
concerned are adequate and well-secured. 
9 
(2) The overseas voter shall send her/his accomplished ballot to the corresponding 
10 
post that has jurisdiction over the country where she/he temporarily resides. 
11 
She/He shall be entitled to cast her/his ballot at any time upon her/his receipt 
12 
thereof: Provided, That the same is received before the close of voting on the 
13 
day of elections. The overseas absentee voter shall be instructed that her/his 
14 
ballot shall not be counted if not transmitted in the special envelope furnished 
15 
her/him. 
16 
(3) Only mailed ballots received by the post before the close of voting on the day 
17 
of elections shall be counted. All envelopes containing the ballots received by 
18 
the posts after the prescribed period shall not be opened, and shall be cancelled 
19 
and disposed of appropriately, with a corresponding report thereon submitted 
20 
to the Commission not later than thirty (30) days from the day of elections.  
21 
SEC. 283.Voting Privilege of Members of the SBEI, SBRCG and SBOC. – 
22 
Government employees posted abroad who will perform election duties as members 
23 
of the SBEI, SBCRG and SBOC shall be allowed to vote in their respective posts: 
24 
Provided, That they are registered either in the Philippines or as overseas voters.  
25 
 
26 
Article 25 
27 
Counting and Canvassing of Overseas Votes 
28 
SEC. 284.Special Board of Canvassers; Constitution and Appointment. - The 
29 
Special Board of Canvassers shall canvass and/or consolidate the overseas election 
30 
returns submitted to it be the Special Electoral Board. The Commission, though the 
31 
OFOV, in consultation with the DFA-OVS, shall constitute a Special Board of 
32 
Canvassers (SBOC) in such Posts as may be necessary to ensure an expedient and 
33 
accurate canvassing of the votes.  
34 
The members of the SBOC shall be composed of the highest-ranking career 
35 
officer of the Post as Chairperson, a senior career officer from any of the government 
36 
agencies maintaining offices aboard as Vice Chairperson, and another government 
37 
officer as Member-Secretary. In the absence of such other government officer, a 
38 


133 
 
citizen of the Philippines qualified to register as an overseas voter and deputized by 
1 
the Commission, may be appointed as Member-Secretary.  
2 
SEC. 285.Qualifications of Members/Substitutes of the SBOC. - No person shall 
3 
be appointed as a Member of the SBOC, whether regular or substitute, unless such 
4 
person is: 
5 
(a) Of good moral character and irreproachable reputation; and 
6 
(b) Able to write and speak in English or Filipino. 
7 
SEC. 286.Disqualifications; SBOC. - The following are disqualified from serving 
8 
as a member of the SBOC: 
9 
(a) Those who are related within the fourth civil degree of consanguinity or affinity 
10 
to any member of the same SBOC or to any of the candidates for President, 
11 
Vice-President, Senators, or any of the nominees of the party-list groups, or 
12 
any of the candidates’ or nominees’ spouses; 
13 
(b) Those who have been convicted of any election offense or any other crime 
14 
punishable by more than six (6) months of imprisonment; or 
15 
(c) Those who have a pending case filed against them for any election offense.  
16 
SEC. 287.On-Site Counting and Canvassing. – 
17 
(1) The counting and canvassing of votes shall be conducted on site in the country 
18 
where the votes were actually cast, or, in the case of voting by mail, where the 
19 
ballots are received from the voters. The opening of the specially-marked 
20 
envelopes containing the ballots and the counting and canvassing of votes shall 
21 
be conducted within the premises of the embassies, consulates and other 
22 
foreign service establishments or in such other places as may be designated by 
23 
the Commission pursuant to the Implementing Rules and Regulations. 
24 
(2) For these purposes, the Commission shall constitute as many Special Electoral 
25 
Boards as may be necessary to conduct and supervise the counting of votes. 
26 
All resolutions of the Special Electoral Boards on issues brought before it during 
27 
the conduct of its proceedings shall be valid only when they carry the approval 
28 
of the Chairman. 
29 
Immediately upon the completion of the counting, the Special Electoral Board 
30 
shall transmit via facsimile and/or electronic mail the results to the Commission 
31 
in Manila and the accredited dominant majority and dominant minority parties. 
32 
(3) Only ballots cast on, or received by the embassies, consulates and other foreign 
33 
service establishments before the close of voting on the day of elections shall 
34 
be included in the counting of votes. Those received afterwards shall not be 
35 
counted. 
36 


134 
 
(4) Immediately upon the completion of the canvass, the chairperson of the SBOC 
1 
shall transmit via facsimile, electronic mail, or any other means of transmission 
2 
equally safe and reliable the certificates of canvass and the statements of votes 
3 
to the Commission, and shall cause to preserve the same immediately after the 
4 
conclusion of the canvass, and make it available upon instructions of the 
5 
Commission. The SBOC shall also furnish the accredited dominant majority and 
6 
dominant minority political parties and accredited citizens’ arms with copies 
7 
thereof via facsimile, electronic mail and any other means of transmission 
8 
equally safe, secure and reliable. 
9 
The certificates of canvass and the accompanying statements of votes as 
10 
transmitted via facsimile, electronic mail and any other means of transmission 
11 
equally safe, secure and reliable shall be the primary basis for the national 
12 
canvass. 
13 
(5) The canvass of votes shall not cause the delay of the proclamation of a winning 
14 
candidate if the outcome of the election will not be affected by the results 
15 
thereof. Notwithstanding the foregoing, the Commission is empowered to order 
16 
the proclamation of winning candidates despite the fact that the scheduled 
17 
election has not taken place in a particular country or countries, if the holding 
18 
of elections therein has been rendered impossible by events, factors and 
19 
circumstances peculiar to such country or countries, and which events, factors 
20 
and circumstances are beyond the control or influence of the Commission. 
21 
(6) In the preparation of the final tally of votes on the results of the national 
22 
elections, the Commission shall ensure that the votes canvassed by each and 
23 
every country shall be reflected as a separate item from the tally of national 
24 
votes. For purposes of this Article, the returns of every election for President 
25 
and Vice-President prepared by the SBOCs shall be deemed a certificate of 
26 
canvass of a city or a province. 
27 
(7) Where feasible, the counting and canvassing of votes shall be automated. 
28 
Towards this end, the Commission is hereby authorized to borrow, rent, lease 
29 
or acquire automated voting machines for purposes of canvassing and counting 
30 
of votes pursuant to the provisions of this Act, and in accordance with the 
31 
Implementing Rules and Regulations promulgated by the Commission.  
32 
SEC. 288.Support Staff. - The Commission may appoint such number of 
33 
support personnel as may be necessary to assist the special electoral board and the 
34 
SBOC: Provided, That in Posts utilizing the automated election system, there shall be 
35 
one (1) information and communications technology personnel who shall assist the 
36 
SBOC: Provided further, That such information and communications technology 
37 
personnel shall be deputized by the Commission from among the personnel of the 
38 
Philippine Government agencies, including government-owned and controlled 
39 
corporations, maintaining offices abroad.  
40 


135 
 
 
1 
Article 26 
2 
Other Provisions Pertaining to Overseas Voting 
3 
SEC. 289. Joint Congressional Oversight Committee on Overseas Voting. – A 
4 
Joint Congressional Oversight Committee is hereby created, composed of the 
5 
Chairperson of the Senate Committee on  Electoral Reforms and People’s Participation, 
6 
and seven (7) other Senators designated by the Senate President, and the Chairperson 
7 
of the House Committee on Suffrage and Electoral Reforms, and seven (7) other 
8 
Members of the House of Representatives designated by the Speaker of the House of 
9 
Representatives: Provided, That, of the seven (7) members to be designated by each 
10 
House of Congress, four (4) should come from the majority to include the chair of the 
11 
Committee on Foreign Affairs and the remaining three (3) from the minority. 
12 
The Joint Congressional Oversight Committee on Overseas Voting shall have 
13 
the power to monitor and evaluate the implementation of this Chapter.  
14 
SEC. 290.The Office for Overseas Voting and the Overseas Voting Secretariat. 
15 
- The Office for Overseas Voting of the Commission and the Overseas Voting 
16 
Secretariat of the DFA existing prior to the effectivity of this Code shall remain in place. 
17 
SEC. 291.Authority to Explore Other Modes or Systems of Voting. – 
18 
Notwithstanding current procedures and systems for the proper implementation of 
19 
overseas voting, and in view of the peculiarities attendant to the overseas voting 
20 
process, the Commission may explore other more efficient, reliable and secure modes 
21 
or systems, ensuring the secrecy and sanctity of the entire process, whether paper-
22 
based, electronic-based or internet-based technology or such other latest technology 
23 
available, for onsite and remote registration and elections and submit reports and/or 
24 
recommendations to the Joint Congressional Oversight Committee.  
25 
SEC. 292.Procurement of Facilities, Equipment, Materials, Supplies or Services. 
26 
– To achieve the purpose of this Chapter, the Commission may, likewise, procure from 
27 
local or foreign sources, through purchase, lease, rent or other forms of acquisition, 
28 
hardware or software, facilities, equipment, materials, supplies or services in 
29 
accordance with existing laws, free from taxes and import duties, subject to 
30 
government procurement rules and regulations.  
31 
SEC. 293.Information Campaign. – The Commission, in coordination with 
32 
agencies concerned, shall undertake an information campaign to educate the public 
33 
on the manner of overseas voting for qualified overseas voters. It may require the 
34 
support and assistance of the DFA, through the posts, the DOLE, the Department of 
35 
Information and Communications Technology (DICT), the Philippine Postal 
36 
Corporation (PPC), the POEA, the OWWA and the Commission on Filipinos Overseas. 
37 
Such information campaign shall educate the Filipino public, within and outside 
38 
the Philippines, on the Philippine Electoral System, the rights of overseas voters, 
39 


136 
 
overseas voting processes and other related concerns. Information materials shall be 
1 
developed by the Commission for distribution, through the said government agencies 
2 
and private organizations. No government agency shall prepare, print, distribute or 
3 
post any information material without the prior approval of the Commission.  
4 
SEC. 294.Assistance from Government Agencies. – All government officers, 
5 
particularly from the DFA, the DOLE, the DICT, the PPC, the POEA, the OWWA, the 
6 
Commission on Filipinos Overseas and other government offices concerned with the 
7 
welfare of the Filipinos overseas shall, to the extent compatible with their primary 
8 
responsibilities, assist the Commission in carrying out the provisions of this Chapter. 
9 
All such agencies or officers thereof shall take reasonable measures to expedite all 
10 
election activities, which the Commission shall require of them. When necessary, the 
11 
Commission may send supervisory teams headed by career officers to assist the posts. 
12 
Likewise, consular and diplomatic services rendered in connection with the 
13 
overseas voting processes shall be made available at no cost to the overseas voters.  
14 
SEC. 295.Security Measures to Safeguard the Secrecy and Sanctity of Ballots. 
15 
– At all stages of the electoral process, the Commission shall ensure that the secrecy 
16 
and integrity of the ballots are preserved. The OFOV of the Commission shall be 
17 
responsible for ensuring the secrecy and sanctity of the overseas voting process. In 
18 
the interest of transparency, all necessary and practicable measures shall be adopted 
19 
to allow representation of the candidates, accredited major political parties, accredited 
20 
citizens’ arms and nongovernment organizations to assist, and intervene in 
21 
appropriate cases, in all stages of the electoral exercise and to prevent any and all 
22 
forms of fraud and coercion. 
23 
No officer or member of the foreign service corps, including those belonging to 
24 
attached agencies shall be transferred, promoted, extended, recalled or otherwise 
25 
moved from his current post or position one (1) year before and three (3) months 
26 
after the day of elections, except upon the approval of the Commission.  
27 
SEC. 296.Implementing Rules and Regulations. – The Commission shall 
28 
promulgate rules and regulations for the implementation and enforcement of the 
29 
provisions of this Article within ninety (90) days from the effectivity thereof. 
30 
In the formulation of the rules and regulations, the Commission shall coordinate 
31 
with the DFA, the DOLE, the POEA, the OWWA and the Commission on Filipinos 
32 
Overseas. Nongovernment organizations and accredited Filipino organizations or 
33 
associations abroad shall be consulted.  
34 
 
35 
CHAPTER VII 
36 
RECALL AND SPECIAL ELECTIONS, REGIONAL ELECTIONS, AND 
37 
BARANGAY AND SANGGUNINANG KABATAAN ELECTIONS 
38 


137 
 
 
1 
Article 27 
2 
Special Election in Case of Vacancy in Certain Offices 
3 
SEC. 297.Special election for President and Vice-President in case of vacancy. 
4 
- The Congress shall, at ten o'clock in the morning of the third day after the vacancy 
5 
in the offices of the President and Vice-President occurs, convene in accordance with 
6 
its rules without need of a call and within seven days, enact a law calling for a special 
7 
election to elect a President and a Vice-President to be held not earlier than forty-five 
8 
days nor later than sixty days from the time of such call. The bill calling such special 
9 
election shall be deemed certified urgent under paragraph 2, Section 26, Article V1 of 
10 
the Constitution and shall become law upon its approval on third reading by the 
11 
Congress. Appropriations for the special election shall be charged against any current 
12 
appropriations and shall be exempt from the requirements of paragraph 4, Section 25, 
13 
Article V1 of the Constitution. The convening of the Congress cannot be suspended 
14 
nor the special election postponed. No special election shall be called if the vacancy 
15 
occurs within eighteen months before the date of the next presidential election.  
16 
SEC. 298.Special election for Members of the House of Representatives and 
17 
the Senate. - In case a permanent vacancy shall occur in the Senate or House of 
18 
Representatives at least one (1) year before the expiration of the term, the 
19 
Commission shall call and hold a special election to fill the vacancy not earlier than 
20 
sixty (60) days or longer than ninety (90) days after the occurrence of the vacancy.   
21 
SEC. 299.Procedure for special elections. - Unless the law calling for the special 
22 
election otherwise provides, the provisions of this Code shall govern the conduct 
23 
thereof particularly Articles 7, 8, 9, 10, 11, 13, 14, 15, 16, 17, 20, 21, and 22.  
24 
 
25 
Article 28 
26 
Elections of Elective Officials of Autonomous Regions 
27 
SEC. 300. Governing Law. - The organic law creating the autonomous region 
28 
concerned shall govern the conduct of the elections of the elective officials whose 
29 
positions were created by such organic law or by regional law: Provided however, That 
30 
to the extent permissible, the provisions of this Code shall have suppletory application.  
31 
The elections of elective national officials, as well as local elective officials 
32 
whose positions were not created by aforesaid organic law or by regional law, shall 
33 
be governed by the provisions of this Code. 
34 
SEC. 301.Date of Elections. - Unless otherwise fixed by the organic laws or 
35 
regional laws of the autonomous regions, the next regular election of the elective 
36 
officials whose offices created by organic laws or by regional laws shall be on the 
37 
second Monday of May 2025 and on the same day every three years thereafter.  
38 


138 
 
SEC. 302. Manner of Voting of Parliamentary Representatives. - Candidates for 
1 
members of the regional parliament or regional assembly shall be voted at large by 
2 
the registered voters in the parliamentary district which such candidates seek to 
3 
represent. The candidate or candidates corresponding to the number of member or 
4 
members to be elected in a parliamentary district who receive the highest number of 
5 
votes shall be declared elected.  
6 
SEC. 303.Vacancy. Any permanent vacancy in the regional parliament or 
7 
assembly occurring at least one (1) year before the next regular elections shall be 
8 
filled by a special election called for that purpose except if the law creating such 
9 
parliament or assembly provides the contrary. 
10 
SEC. 304.Rules and Regulations in the conduct regional elections. - In order 
11 
to ensure free, honest, orderly, transparent, and credible regional elections, the 
12 
Commission shall promulgate the rules and regulations for the conduct thereof, taking 
13 
into account, primarily, the pertinent provisions of the organic law of the autonomous 
14 
region concerned; and secondarily, the provisions of this Code. 
15 
 
16 
Article 29 
17 
Barangay and Sangguniang Kabataan Elections 
18 
SEC. 305. Election of barangay and sangguniang kabataan officials. - The 
19 
election for barangay and sangguniang kabataan officials shall be held throughout the 
20 
Philippines on October 30, 2023. Subsequent synchronized barangay and sangguniang 
21 
kabataan elections shall be held on the first Monday of December 2025 and every 
22 
three (3) years thereafter.  
23 
SEC. 306.Assumption of Office. - That the term of office of the barangay and 
24 
sangguniang kabataan officials elected in the 05 December 2022 elections and 
25 
subsequently thereafter, shall commence at noon of January 1 next following their 
26 
election.   
27 
Until their successors shall have been duly elected and qualified, all incumbent 
28 
barangay and sangguniang kabataan officials shall remain in office, unless sooner 
29 
removed or suspended for cause: Provided, That barangay and sangguniang kabataan 
30 
officials who are ex officio members of the sangguniang bayan, sangguniang 
31 
panlungsod, or sangguniang panlalawigan, as the case may be, shall continue to serve 
32 
as such members in the sanggunian concerned until the next barangay and 
33 
sangguniang kabataan elections.  
34 
SEC. 307.Conduct of elections. - The barangay election shall be non-partisan 
35 
and shall be conducted in an expeditious and inexpensive manner.  
36 
No person who files a certificate of candidacy shall represent or allow himself 
37 
to be represented as a candidate of any political party or any other organization; and 
38 


139 
 
no political party, political group, political committee, civic, religious, professional, or 
1 
other organization or organized group of whatever nature shall intervene in his 
2 
nomination or in the filing of his certificate of candidacy or give aid or support, directly 
3 
or indirectly, material or otherwise favorable to or against his campaign for election: 
4 
Provided, That this provision shall not apply to the members of the family of a 
5 
candidate within the fourth civil degree of consanguinity or affinity nor to the personal 
6 
campaign staff of the candidate which shall not be more than one for every one 
7 
hundred registered voters in his barangay: Provided, however, That without prejudice 
8 
to any liability that may be incurred, no permit to hold a public meeting shall be denied 
9 
on the ground that the provisions of this paragraph may or will be violated.  
10 
Nothing in this section, however, shall be construed as in any manner affecting 
11 
or constituting an impairment of the freedom of individuals to support or oppose any 
12 
candidate for any barangay office.  
13 
SEC. 308.Certificate of Candidacy of elective barangay and sangguniang 
14 
kabataan officials. - No person shall be elected punong barangay, member of the 
15 
sangguniang barangay, chairperson of the sangguniang kabataan, or member of the 
16 
sangguniang kabataan unless he or she files a sworn certificate of candidacy with the 
17 
office of the election officer of the city or municipality concerned not later than thirty 
18 
(30) days before the beginning of the campaign period. The form and contents of the 
19 
certificate of candidacy shall be prescribed by the Commission. The campaign period 
20 
shall be ten (10) days immediately before the election.  
21 
The election officer shall have the ministerial duty to receive said certificate of 
22 
candidacy and to immediately acknowledge receipt thereof. However, if on the face 
23 
of the certificate of candidacy, it appears that the prospective candidate is ineligible 
24 
as he or she does not meet the qualifications pertaining to age, residence, or 
25 
registered voter status, as set forth by the Constitution and relevant laws, the election 
26 
officer shall refuse to accept the certificate of candidacy. In such instances, the 
27 
election officer shall immediately inform the prospective candidate of the rejection of 
28 
his certificate of candidacy and the reasons therefor. Within the same day, the election 
29 
officer shall furnish said prospective candidate with a written and signed notice of 
30 
rejection of the certificate of candidacy, setting forth therein the reasons for such 
31 
rejection. Unjustified rejection by the election officer of a certificate of candidacy and 
32 
failure of the election officer to strictly observe these steps shall be election offenses. 
33 
Acceptance by the election officer of a certificate of candidacy which, on its face, 
34 
shows that the prospective candidate is not qualified for the position shall be cause 
35 
for administrative sanctions against him or her. 
36 
Before the lapse of the period to file the certificate of candidacy, the prospective 
37 
candidate whose certificate of candidacy was wrongly rejected by the election officer 
38 
may file the rejected certificate of candidacy, together with the written notice of 
39 
rejection, with the provincial election supervisor.  
40 


140 
 
It is the ministerial duty of the provincial election supervisor to accept the 
1 
certificate of candidacy of any prospective candidate in his or her province if such 
2 
certificate is accompanied by a copy of aforesaid notice of rejection. If after an 
3 
evaluation by the provincial election supervisor that the certificate of candidacy was 
4 
wrongly rejected, he shall then direct the election officer concerned to include the 
5 
prospective candidate in the official list of candidates. Failure of the provincial election 
6 
supervisor to strictly observe these steps and the failure of the election officer to timely 
7 
comply with the directive of the provincial election supervisor set forth in this section 
8 
are election offenses. 
9 
 Should it turn out that the election officer correctly rejected the certificate of 
10 
candidacy of the candidate in question, the fact of filing by said candidate of his or 
11 
her certificate of candidacy with the provincial election supervisor shall be prima facie 
12 
proof of such candidate’s deliberate intent to commit material misrepresentation as to 
13 
his or her qualifications. 
14 
Any appointive municipal, city, provincial or national official or employee, or 
15 
those in the civil or military service, including those in government-owned or controlled 
16 
corporations, shall be considered automatically resigned upon their proclamation as 
17 
winning candidates by the Board of Canvassers. 
18 
 SEC. 309.The Barangay Electoral Board. - 
19 
(1) The Commission, through the Election Officer, shall constitute and appoint, in 
20 
writing and in the from prescribed by the Commission, the Barangay Electoral 
21 
Board for every clustered or grouped precinct in the district, city, or municipality. 
22 
In the appointment of the members of the Electoral Boards, the Election officer 
23 
shall give preference to public school teachers.  In case there are not enough 
24 
public school teachers, teachers in private schools, employees in the civil service, 
25 
or other citizens of known probity and competence who are registered voters of 
26 
the city or municipality may be appointed for election duty.   
27 
The Barangay Electoral Board shall be composed by a chairperson, a poll clerk, 
28 
and a third member. No person shall be appointed as member of the Electoral Board, 
29 
whether regular, temporary, or as a substitute, unless such person is: 
30 
(a) Of good moral character and has an irreproachable reputation; 
31 
(b) Of known integrity and competence; 
32 
(c) A registered voter; 
33 
(d) Has never been convicted of any election offense or of any crime punishable 
34 
by more than six (6) months of imprisonment; 
35 
(e) Able to speak and write either English or Filipino or the local dialect or language.  
36 
No person who is an incumbent barangay official or a candidate in the barangay 
37 
election may be appointed as member of the Barangay Electoral Board for the same 
38 


141 
 
barangay. Neither may any person be appointed as member of the Barangay Electoral 
1 
Board if he or she is a candidate to be voted for in the polling place of assignment or 
2 
if such person is related within the fourth (4th) civil degree of consanguinity or affinity 
3 
a candidate to be voted for in the polling place of assignment or to said candidate’s 
4 
spouse. In no case shall any of the members of the Barangay Electoral Board be 
5 
related within the fourth (4th) civil degree of consanguinity or affinity to any other 
6 
member of the same board.  
7 
Members of the Barangay Electoral Board are prohibited from engaging, directly 
8 
or indirectly, in any partisan political activity or take part in the election except to vote 
9 
and discharge their election duties.  
10 
(2) The Barangay Electoral Boards shall supervise and conduct the election in their 
11 
respective polling places, count the votes and thereafter prepare the election 
12 
returns and such other documents required by the Commission.  
13 
SEC. 310.Election returns for the barangay and sangguniang kabataan 
14 
elections. - For the barangay elections, the Barangay Electoral Boards shall prepare 
15 
four copies of the Election Returns. The first copy shall be delivered immediately to 
16 
the Barangay Board of Canvassers. The second copy shall be delivered to the election 
17 
officer, the third copy must be deposited inside the ballot box; and the fourth copy 
18 
shall be delivered to the secretary of the sangguniang barangay. For the sangguniang 
19 
kabataan elections, the Barangay Electoral Boards shall prepare separate election 
20 
returns in three (3) sets. The first copy shall be delivered immediately to the Barangay 
21 
Board of Canvassers. The second copy shall be delivered to the election officer, the 
22 
third copy must be deposited inside the ballot box.  
 
23 
SEC. 311.Polling places. - The Commission, through the election officer, shall 
24 
designate the appropriate public schools or any other public buildings to be used as 
25 
polling places, taking into consideration the convenience and safety of the voters. To 
26 
the extent practicable, the polling place should be within the barangay whose officials 
27 
are being elected and should be as centrally located as possible therein.  
28 
SEC. 312.Official barangay ballots. - The official barangay ballots shall be 
29 
provided by the Commission. There shall be separate ballots for the barangay elections 
30 
and for the sangguniang kabataan elections. 
31 
The Barangay Electoral Board Chairperson shall, in the presence of the voter 
32 
and before giving the ballot to the voter, authenticate the same by affixing his or her 
33 
signature at the back thereof. Failure to authenticate shall be noted in the Minutes 
34 
and shall constitute an election offense but will not invalidate the ballot. Further, in 
35 
no case shall the Chairperson pre-sign at the back of the ballot prior to its actual 
36 
issuance to the voters.  
37 


142 
 
SEC. 313. Ballot boxes. - The Commission shall provide the ballot boxes for 
1 
each precinct or clustered precinct as the case may be. The Commission shall 
2 
promulgate the necessary rules to ensure that the sanctity of the ballots is preserved. 
3 
SEC. 314.Manner of preparing the ballot. - The voter, upon receiving his folded 
4 
ballot, shall forthwith proceed to the designated voting area and shall there fill his 
5 
ballot by writing in the proper space for each office the name of the individual 
6 
candidate for whom he desires to vote.  The voter shall use the ballot secrecy folder 
7 
or similar covering material or device supplied by the Commission. 
8 
After the voter has filled his ballot, he or she shall fold it in the same manner 
9 
as when he received it and return it to the chairperson of the barangay electoral board. 
10 
The Commission shall prescribe the necessary rules and regulations to ensure 
11 
that the secrecy of the ballots shall be preserved the entire time during the conduct 
12 
of the voting and that no spurious ballots may be placed into the ballot box. 
13 
SEC. 315.Spoiled ballots. - If a voter should accidentally spoil or deface a ballot 
14 
in such a way that it cannot lawfully be used, he shall surrender if folded to the 
15 
chairperson who shall note in the corresponding space in the voting record that said 
16 
ballot is spoiled. The voter shall then be entitled to another ballot which the 
17 
chairperson shall give him after announcing the serial number of the second ballot 
18 
and recording said serial number in the corresponding spaces in the voting record. If 
19 
the second ballot is again spoiled or defaced in such a way that it cannot lawfully be 
20 
used, the same shall be surrendered to the chairman and recorded in the same 
21 
manner as the first spoiled or defaced ballot. However, no voter shall change his ballot 
22 
more than twice.  
23 
The spoiled ballot shall, without being unfolded and without removing the 
24 
detachable coupon, be distinctly marked with the word "spoiled" and signed by the 
25 
board of election inspectors on the endorsement fold thereof and immediately placed 
26 
in the compartment for spoiled ballots. 
27 
SEC. 316.Counting of Votes. The counting of votes shall be made in the 
28 
following manner: the electoral board shall unfold the ballots and form separate piles 
29 
of one hundred ballots each, which shall be held together with rubber bands, with 
30 
cardboard of the size of the ballots to serve as folders. The chairperson of the 
31 
barangay electoral board shall take the ballots of the first pile one by one and read 
32 
the names of candidates voted for and the offices for which they were voted in the 
33 
order in which they appear thereon, assuming such a position as to enable all of the 
34 
watchers to read such names. The chairperson shall sign and affix his right hand 
35 
thumbmark at the back of the ballot immediately after it is counted. The poll clerk, 
36 
and the third member, respectively, shall record on the election returns and the tally 
37 
board or sheet each vote as the names voted for each office are read.  
38 


143 
 
Each vote shall be recorded by a vertical line, except every fifth vote which shall 
1 
be recorded by a diagonal line crossing the previous four vertical lines. After finishing 
2 
the first pile of ballots, the barangay electoral board shall determine the total number 
3 
of votes recorded for each candidate, the sum being noted on the tally board or sheet 
4 
and on the election returns. In case of discrepancy such recount as may be necessary 
5 
shall be made. The ballots shall then be grouped together again as before the reading. 
6 
Thereafter, the same procedure shall be followed with the second pile of ballots and 
7 
so on successively. After all the ballots have been read, the barangay electoral board 
8 
shall sum up the totals recorded for each candidate, and the aggregate sum shall be 
9 
recorded both on the tally board or sheet and on the election returns. It shall then 
10 
place the counted ballots in an envelope provided for the purpose, which shall be 
11 
closed signed and deposited in the compartment for valid ballots. The tally board or 
12 
sheet as accomplished and certified by the barangay electoral board shall not be 
13 
changed or destroyed but shall be kept in the compartment for valid ballots.   
14 
In reading the individual official ballots during the counting, the chairperson, 
15 
the poll clerk and the third member shall assume such positions as to provide the 
16 
watchers, as may be conveniently accommodated in the polling place, an unimpeded 
17 
view of the ballot being read by the chairman, of the election return and the tally 
18 
board being simultaneously accomplished by the poll clerk and the third member 
19 
respectively, without touching any of these election documents. The table shall be 
20 
cleared of all unnecessary writing paraphernalia. Any violation of this requirement shall 
21 
constitute an election offense.  
22 
As may be necessary, the Commission shall promulgate supplemental rules and 
23 
guidelines that the Barangay Electoral Boards shall observe in the counting of votes 
24 
to the end that the counting of votes shall be done in an expeditious, transparent, and 
25 
accurate manner.  
26 
SEC. 317.Appreciation of Ballots. - In the appreciation of the ballots, every 
27 
ballot shall be presumed valid unless there is clear and good reason to justify its 
28 
rejection. Any question on the appreciation of ballots shall be decided by a majority 
29 
of the members of the barangay electoral board. No watcher, candidate, or any other 
30 
person shall be allowed to participate in the appreciation of ballots, except that any 
31 
watcher may file a protest which shall be recorded in the Minutes.   
32 
The barangay electoral board shall observe the following rules for the 
33 
appreciation of ballots, bearing in mind that the objective of the election is to obtain 
34 
the expression of the voter’s will:  
35 
(1) 
Where only the first name of a candidate or only his surname is written, the 
36 
vote for such candidate is valid, if there is no other candidate with the same 
37 
first name or surname for the same office.  
38 


144 
 
(2) 
Where only the first name of a candidate is written on the ballot, which when 
1 
read, has a sound similar to the surname of another candidate, the vote shall 
2 
be counted in favor of the candidate with such surname. If there are two or 
3 
more candidates with the same full name, first name or surname and one of 
4 
them is the incumbent, and on the ballot is written only such full name, first 
5 
name or surname, the vote shall be counted in favor of the incumbent.  
6 
(3) 
In case the candidate is a woman who uses her maiden or married surname 
7 
or both and there is another candidate with the same surname, a ballot 
8 
bearing only such surname shall be counted in favor of the candidate who is 
9 
an incumbent.  
10 
(4) 
When two or more words are written on the same line on the ballot, all of 
11 
which are the surnames of two or more candidates, the same shall not be 
12 
counted for any of them, unless one is a surname of an incumbent who has 
13 
served for at least one year in which case it shall be counted in favor of the 
14 
latter.  
15 
(5) 
When two or more words are written on different lines on the ballot all of 
16 
which are the surnames of two or more candidates bearing the same 
17 
surname for an office for which the law authorizes the election of more than 
18 
one and there are the same number of such surnames written as there are 
19 
candidates with that surname, the vote shall be counted in favor of all the 
20 
candidates bearing the surname.  
21 
(6) 
When on the ballot is written a single word which is the first name of a 
22 
candidate and which is at the same time the surname of his opponent, the 
23 
vote shall be counted in favor of the latter.  
24 
(7) 
When two words are written on the ballot, one of which is the first name of 
25 
the candidate and the other is the surname of his opponent, the vote shall 
26 
not be counted for either.  
27 
(8) 
A name or surname incorrectly written which, when read, has a sound similar 
28 
to the name or surname of a candidate when correctly written shall be 
29 
counted in his favor;  
30 
(9) 
When a name of a candidate appears in a space of the ballot for an office 
31 
for which he is a candidate and in another space for which he is not a 
32 
candidate, it shall be counted in his favor for the office for which he is a 
33 
candidate and the vote for the office for which he is not a candidate shall be 
34 
considered as stray, except when it is used as a means to identify the voter, 
35 
in which case, the whole ballot shall be void.  
36 
(10) When in a space in the ballot there appears a name of a candidate that is 
37 
erased and another clearly written, the vote is valid for the latter.  
38 


145 
 
(11) The erroneous initial of the first name which accompanies the correct 
1 
surname of a candidate, the erroneous initial of the surname accompanying 
2 
the correct first name of a candidate, or the erroneous middle initial of the 
3 
candidate shall not annul the vote in favor of the latter.  
4 
(12) The fact that there exists another person who is not a candidate with the 
5 
first name or surname of a candidate shall not prevent the adjudication of 
6 
the vote of the latter.  
7 
(13) Ballots which contain prefixes such as "Sr.", "Mr.", "Datu", "Don", "Ginoo", 
8 
"Hon.", "Gob." or suffixes like "Hijo", "Jr.", "Segundo", are valid.  
9 
(14) The use of the nicknames and appellations of affection and friendship, if 
10 
accompanied by the first name or surname of the candidate, does not annul 
11 
such vote, except when they were used as a means to identify the voter, in 
12 
which case the whole ballot is invalid: Provided, That if the nickname used 
13 
is unaccompanied by the name or surname of a candidate and it is the one 
14 
by which he is generally or popularly known in the locality, the name shall 
15 
be counted in favor of said candidate, if there is no other candidate for the 
16 
same office with the same nickname.  
17 
(15) Any vote containing initials only or which is illegible or which does not 
18 
sufficiently identify the candidate for whom it is intended shall be considered 
19 
as a stray vote but shall not invalidate the whole ballot.  
20 
(16) If on the ballot is correctly written the first name of a candidate but with a 
21 
different surname, or the surname of the candidate is correctly written but 
22 
with different first name, the vote shall not be counted in favor of any 
23 
candidate having such first name and/or surname but the ballot shall be 
24 
considered valid for other candidates.  
25 
(17) Any ballot written with crayon, lead pencil, or in ink, wholly or in part, shall 
26 
be valid.  
27 
(18) Where there are two or more candidates voted for in an office for which the 
28 
law authorizes the election of only one, the vote shall not be counted in favor 
29 
of any of them, but this shall not affect the validity of the other votes therein.  
30 
(19) If the candidates voted for exceed the number of those to be elected, the 
31 
ballot is valid, but the votes shall be counted only in favor of the candidates 
32 
whose names were firstly written by the voter within the spaces provided for 
33 
said office in the ballot until the authorized number is covered.  
34 
(20) Any vote in favor of a person who has not filed a certificate of candidacy or 
35 
in favor of a candidate for an office for which he did not present himself shall 
36 
be considered as a stray vote but it shall not invalidate the whole ballot.  
37 


146 
 
(21) Ballots containing the name of a candidate printed and pasted on a blank 
1 
space of the ballot or affixed thereto through any mechanical process are 
2 
totally null and void.  
3 
(22) Circles, crosses or lines put on the spaces on which the voter has not voted 
4 
shall be considered as signs to indicate his desistance from voting and shall 
5 
not invalidate the ballot.  
6 
(23) Unless it should clearly appear that they have been deliberately put by the 
7 
voter to serve as identification marks, commas, dots, lines, or hyphens 
8 
between the first name and surname of a candidate, or in other parts of the 
9 
ballot, traces of the letter "T", "J", and other similar ones, the first letters or 
10 
syllables of names which the voter does not continue, the use of two or more 
11 
kinds of writing and unintentional or accidental flourishes, strokes, or strains, 
12 
shall not invalidate the ballot.  
13 
(24) Any ballot which clearly appears to have been filled by two distinct persons 
14 
before it was deposited in the ballot box during the voting is totally null and 
15 
void.  
16 
(25) Ballots wholly written in Arabic in localities where it is of general use are 
17 
valid. To read them, the barangay electoral board may employ an interpreter 
18 
who shall take an oath that he shall read the votes correctly.  
19 
(26) The accidental tearing or perforation of a ballot does not annul it.  
20 
(27) Failure to remove the detachable coupon from a ballot does not annul such 
21 
ballot.   
22 
SEC. 318.The barangay board of canvassers. -  
23 
(1) There shall be one barangay board of canvassers in each barangay to canvass 
24 
the election returns for both the barangay and sangguniang kabataan elections 
25 
and thereafter to proclaim the winning candidates.  
26 
The Commission, through the election officer, shall constitute the barangay 
27 
board of canvassers at least ten days before the election. The barangay board 
28 
of canvassers shall be composed of a Chairperson, Vice-Chairperson and 
29 
Member-Secretary. The members of the barangay board of canvassers shall 
30 
possess the same qualifications as those of the members of the barangay 
31 
electoral board. They shall likewise be subject to the same disqualifications set 
32 
forth in this Code for members of the barangay electoral board. 
33 
In the appointment of the members of the barangay board of canvassers, the 
34 
election officer shall give preference to public school teachers.  In case there 
35 
are not enough public school teachers, teachers in private schools, employees 
36 
in the civil service, or other citizens of known probity and competence who are 
37 
registered voters of the city or municipality may be appointed for election duty.   
38 


147 
 
In a barangay with only one (1) barangay electoral board, said board shall 
1 
convert itself as the barangay board of canvassers. In case the number of 
2 
persons qualified to serve as members of the barangay board of canvassers is 
3 
inadequate, the Commission shall designate the chairperson and members of 
4 
the barangay board of canvassers from among the barangay electoral boards. 
5 
In no case shall any of the members of the Barangay Electoral Board be related 
6 
within the fourth (4th) civil degree of consanguinity or affinity to any other 
7 
member of the same board. 
8 
(2) The Commission shall have direct supervision and control over the barangay 
9 
board of canvassers or any sub-canvassing unit that the Commission may 
10 
constitute.  
11 
(3) At least five (5) days before the meeting of the barangay board of canvassers, 
12 
the Chairperson shall give notice of the date, time, and place of its meeting to 
13 
all members thereof, including any sub-canvassing units, and to each 
14 
candidate.  
15 
(4) The barangay board of canvassers shall meet immediately after the close of 
16 
voting in the voting center that is most accessible, as determined by the election 
17 
officer. After canvassing the results from the various polling places within the 
18 
barangay, in accordance with the rules laid down by the Commission, the 
19 
barangay board of canvassers shall proclaim the winners. The board of 
20 
canvassers shall accomplish the certificate of canvass and proclamation in four 
21 
copies on a form to be prescribed by the Commission. The original of the 
22 
certificate shall be sent to the election officer concerned, the second copy shall 
23 
be delivered to the winning candidate for Punong Barangay or Chairperson of 
24 
the Sangguniang Kabataan, the third copy to the secretary of the sangguniang 
25 
bayan or sangguniang panlunsod, as the case may be, and the fourth copy shall 
26 
be kept on file by the secretary of the sangguniang barangay.   
27 
(5) The Commission shall promulgate rules and regulations to guarantee the 
28 
safekeeping of canvassed election returns and to ensure an expeditious, 
29 
accurate, and honest canvassing of votes and proclamation of winning 
30 
candidates. 
31 
SEC. 319.Watchers. – Every candidate for the Barangay and sangguniang 
32 
kabataan Elections shall be entitled to one (1) watcher in every polling place or 
33 
canvassing center. 
34 
Duly accredited citizen’s arms of the Commission shall be entitled to appoint a 
35 
watcher in every polling place or canvassing center. Other civic, professional, business, 
36 
service, youth, and any other similar organization, with prior authority of the 
37 
Commission, shall be entitled collectively to appoint one watcher in every polling place.  
38 


148 
 
Preference shall be given to the watchers of the citizens’ arms and punong 
1 
barangay and sangguniang kabataan chairperson candidates, in case the space 
2 
reserved for watchers is not sufficient.  
3 
The watchers for the barangay or sangguniang kabataan shall have, to the 
4 
extent practicable, the same qualifications, disqualifications, rights, duties, and 
5 
privileges set forth in this Code for watchers in the national and local elections. 
6 
SEC. 320.Funding. - The Commission shall be responsible for defraying the 
7 
expenses relative to the conduct of the barangay and sangguniang kabataan elections 
8 
including, but not limited to, of the members of the electoral board, board of 
9 
canvassers and the printing of election forms and procurement of other election 
10 
paraphernalia, and the installation of polling booths.  
11 
 
12 
Article 30 
13 
Recall Elections 
14 
SEC. 321.Initiation of the Recall Process. - The recall process may be initiated 
15 
by either a valid resolution by a preparatory recall assembly as provided for under 
16 
Section 70 of R.A. 7160, or by a petition signed by at least ten percent (10%) of the 
17 
total number of registered voters in the local government unit concerned during the 
18 
election in which the local official sought to be recalled was elected.  
19 
In case the recall process is initiated by petition, the same must be signed in a 
20 
public place, before the election officer or his representative and in the presence of a 
21 
representative of the petitioners and of the official sought to be recalled.  In case the 
22 
recall process involves a provincial or district official, the petition shall be signed before 
23 
the election officer of the city or municipality where the person signing the same is 
24 
registered as a voter during the last local election. Signature stations may be 
25 
established in as many places as may be warranted 
26 
The resolution or petition shall be filed with the election officer in cases 
27 
involving municipal or city officials and with the provincial election supervisor in cases 
28 
involving provincial or district officials. 
29 
SEC. 322.Verification of the sufficiency of the petition. - After the filing of the 
30 
petition, the election officer or provincial election supervisor concerned shall 
31 
immediately transmit a digital and physical copy thereof to the Commission.  
32 
The Commission shall cause the publication of the petition in a newspaper of 
33 
general circulation in the local government unit concerned, if available. If such 
34 
newspaper is not available, then in a newspaper of general circulation in the province 
35 
or region where said local government unit is located. Such publication must state the 
36 
full names of those who signed the petition. At the same time, the Commission shall 
37 


149 
 
require a report under oath from the election officers containing the following matters, 
1 
among others: 
2 
(1) The number of petitioners who were registered voters during the last local 
3 
election and who signed the petition in the presence of the election officer or 
4 
his representatives; 
5 
(2) The total number of registered voters in the municipality or city in the last local 
6 
election; 
7 
Any person who did not sign the petition but whose name or apparent signature 
8 
appears thereon shall inform the election officer of such fact. Upon presentation of 
9 
such person’s proof of identity, the election officer shall consider such person as not 
10 
having signed the petition: Provided, That the person who shall forge or simulate the 
11 
signature of another shall be guilty of an election offense. 
12 
The election officer shall submit aforesaid report within fifteen (15) days from 
13 
receipt of order for submission. After the submission of the reports from the election 
14 
officer, the Commission shall, within ten (10) days, determine whether at least twenty-
15 
five percent (25%) of the total number of registered voters in the local government 
16 
unit concerned have signed the petition. In case aforesaid threshold is met, the 
17 
Commission shall announce the acceptance of candidates to the position involved. If 
18 
said threshold is not met, the Commission shall dismiss the petition. 
19 
SEC. 323.Verification of sufficiency of the resolution. - If the recall process is 
20 
initiated by resolution, the election officer, or, in case of provincial or district officials, 
21 
the provincial election supervisor, shall submit a verified report to the Commission as 
22 
to whether the requirements under Section 70 of R.A. 7160 were met. The 
23 
Commission shall then require the official subject of the recall and the proponents of 
24 
such recall to file a comment on the report of the election officer/s within five (5) days.  
25 
Within ten (10) days from the submission of the last pleading, the Commission 
26 
shall decide whether the recall election will be held.  
27 
SEC. 324.Election on Recall. – In case of sufficiency of the petition or 
28 
resolution, the Commission shall set the date of the election on recall, which shall not 
29 
be later than forty-five (45) days after the filing of the resolution or petition for recall 
30 
in the case of the Barangay officials; sixty (60) days in the case of municipal or city 
31 
official; and seventy-five (75) days in case of district or provincial officials. The official 
32 
or officials sought to be recalled shall automatically be considered as duly registered 
33 
candidate or candidates to the pertinent positions and, like other candidates, shall be 
34 
entitled to be voted upon. The Commission shall set the election and campaign periods 
35 
therefor. 
36 
SEC. 325.Effectivity of Recall. - The recall of an elective local official shall be 
37 
effective only upon the election and proclamation of a successor in the person of the 
38 
candidate receiving the highest number of votes cast during the election on recall. 
39 


150 
 
Should the official sought to be recalled receive the highest number of votes, 
1 
confidence in him is thereby affirmed, and he shall continue in office.  
2 
SEC. 326. Prohibition from Resignation. - The elective local official sought to 
3 
be recalled shall not be allowed to resign while the recall process is in progress. 
4 
SEC. 327.Limitations on Recall. –  
5 
(a) Any elective local official may be the subject of a recall election only once during 
6 
his term of office for loss of confidence; 
7 
(b) No recall shall take place within one (1) year from the date of the official's 
8 
assumption to office or one (1) year immediately preceding a regular local 
9 
election. 
10 
SEC. 328.Conduct of Recall Election. - The conduct of recall elections shall be 
11 
governed, to the extent feasible, by Articles 7, 8, 9, 10, 11, 13, 14, 15, 16, 17, 20, 21, 
12 
and 22 of this Code: Provided, however, That in case the recall elections pertain to a 
13 
barangay official, the voting, counting, and canvassing of votes therein shall be 
14 
governed by Article 29 of this Code. 
15 
The Commission shall promulgate such rules and regulations as may be 
16 
necessary to ensure that the recall elections are conducted in free, orderly, honest, 
17 
transparent, and credible manner. 
18 
 
19 
CHAPTER VIII 
20 
PLEBISCITE, REFERENDUM AND INITIATIVE 
21 
 
22 
Article 31 
23 
Plebiscites 
24 
SEC. 329.Supervision and control. – The Commission shall have direct 
25 
supervision and control over the conduct of the plebiscites. 
26 
SEC. 330.Expenses and election forms and paraphernalia. – Unless the 
27 
contrary is provided by the law calling for the plebiscite, the expenses in holding such 
28 
plebiscite, which shall include the printing of official ballots, plebiscite returns and 
29 
other forms; the procurement of supplies and paraphernalia; the honoraria, 
30 
allowances, service credits and other benefits of the members of the Plebiscite 
31 
Committee (PlebCom) and their support staff, the plebiscite board of canvassers, sub-
32 
canvassing groups, if any, and their support staff; other operational and incidental 
33 
expenses; and the costs of publication of resolutions and information materials, shall 
34 
be borne by the local government unit or units affected.  
35 
SEC. 331.Information campaign. – The Commission, in coordination with the 
36 
local government units affected, shall launch an extensive information campaign 
37 


151 
 
within such period as the Commission may find sufficient and reasonable to properly 
1 
inform the voters of the issues involved in the plebiscite.   
2 
SEC. 332.Right of government officials and employees to express opinion for 
3 
or against the ratification. - All government officials and employees as well as those 
4 
in government-owned or controlled corporations with original charters, may publicly 
5 
express their opinions on any issues related to the plebiscite.  
6 
SEC. 333.Prohibition on Commission officials, employees and its deputies. - In 
7 
order to maintain an independent and non-partisan status, all Commission officials 
8 
and its deputies are prohibited from publicly expressing their opinion on any issue 
9 
related to the plebiscite.  
10 
SEC. 334.Who may participate. - All registered voters of the local government 
11 
unit/s affected by the plebiscite, as of the immediately preceding hearing of the 
12 
Election Registration Board, may participate in the plebiscite. 
13 
SEC. 335.Plebiscite Committees (PlebComs). - The election officer/s of the 
14 
municipalities and cities covered by the plebiscite or where the barangay subject of 
15 
the plebiscite is located shall constitute and appoint PlebComs for every 
16 
clustered/grouped precinct. The PlebCom shall be composed of a Chairman and two 
17 
(2) members, one of whom shall be designated as Poll Clerk, and the other as Third 
18 
Member. The members of the PlebComm shall have the same qualifications and shall 
19 
be subject to the same disqualifications, whenever applicable, as the members of the 
20 
Electoral Board. They shall be entitled to such allowances and honoraria as the 
21 
Commission deems just and reasonable under the circumstances. 
22 
The PlebCom shall have the following powers and duties: 
23 
(a) Supervise and conduct the voting in the polling places; 
24 
(b) Count the votes and thereafter prepare the plebiscite returns and other 
25 
required documents/reports and distribute the same as herein provided; 
26 
(c) Furnish watchers certificate of votes upon request; 
27 
(d) Act as deputies of the Commission in the supervision and control of the 
28 
plebiscite in the polling places wherein they are assigned to ensure the holding 
29 
of free, orderly, honest, peaceful and credible plebiscite; 
30 
(e) Maintain order within the polling place and its premises, to keep access thereto, 
31 
open and unobstructed, and to enforce obedience to its lawful orders; and 
32 
(f) Perform such other functions/duties as may be prescribed by the Commission.  
33 
If any person shall refuse to obey lawful orders of the PlebCom or shall conduct 
34 
himself in a disorderly manner in its presence or within its hearing thereby interrupting 
35 
or disturbing its proceedings, the PlebCom may issue an order in writing directing any 
36 
peace officer to take such person into custody until the adjournment of the meeting, 
37 


152 
 
but such order shall not be executed as to prevent the person so taken into custody 
1 
from exercising his right to vote. Such order shall be executed by any peace officer to 
2 
whom it may be delivered, but if none is present, by any other person deputized by 
3 
the PlebCom in writing. 
4 
No member of the PlebCom shall, directly or indirectly, take part in the 
5 
plebiscite, except to discharge the Member's duties as such, and to vote. 
6 
SEC. 336.Proceedings of the PlebCom. - The meeting of the PlebCom shall be 
7 
public and shall be held in the polling place authorized by the Commission.  
8 
SEC. 337.Functioning of the PlebCom. - The PlebCom shall act through its 
9 
Chairperson, and shall decide without delay by majority vote all questions which may 
10 
arise in the performance of its duties.  
11 
SEC. 338. Temporary vacancies. - If, at the time of the meeting of the 
12 
PlebCom, any member is absent, or the office is still vacant, the members present 
13 
shall call upon the substitute of the absent members to perform the duties of the 
14 
absent members, and in case such substitute cannot be found, the members present 
15 
shall appoint any non-partisan registered voter of the polling place to temporarily fill 
16 
the vacancy until the absent member appears or the vacancy is filled. In case there 
17 
are two members present they shall act jointly.  
18 
SEC. 339.Plebiscite Board of Canvassers, their compositions; functions. – The 
19 
Commission shall constitute the plebiscite board/s of canvassers as may be necessary 
20 
for a particular plebiscite. The composition of the municipal, city, provincial, district, 
21 
or regional plebiscite board of canvassers, as the case may be, shall be the same as 
22 
that of the board of canvassers under Section 224 of this Code. In case of barangay 
23 
plebiscites, the Commission shall determine the composition of the barangay plebiscite 
24 
board of canvassers. 
25 
The plebiscite board of canvassers shall be responsible for canvassing the 
26 
plebiscite returns submitted by the PlebCom and for preparing the certificate of 
27 
canvass of votes. The highest-level plebiscite board of canvassers in a particular 
28 
plebiscite shall proclaim the result of such plebiscite. 
29 
SEC. 340.Right to be present and to counsel. - Proponents or oppositors, if 
30 
any, have the right to be present and to counsel during the canvass of the returns. 
31 
Only one counsel shall argue for the proponents or oppositors. In case there are 
32 
several counsels for the proponents or oppositors, they shall agree among themselves 
33 
who will argue for them. 
34 
SEC. 341.Watchers; rights and duties. - The proponents and oppositors, and 
35 
the citizens' arm of the Commission, may appoint watchers during the voting, counting 
36 
and canvassing. The proponents, oppositors and citizens' arm shall have not more 
37 
than one (1) watcher assigned in every polling place. 
38 


153 
 
For this purpose, the proponents or oppositors shall file a petition with the 
1 
Commission for authority to field watchers during the voting, counting and canvassing. 
2 
A person who is not a registered voter of the municipality, of questionable 
3 
reputation, or who has been convicted of an election offense or any other crime shall 
4 
not be appointed as watcher. Barangay officials, including barangay tanods, are 
5 
disqualified to serve as watchers.  
6 
The watchers shall have the right to: 
7 
(a) be present at, and take note of all the proceedings; 
8 
(b) read the ballot/plebiscite returns/certificates of canvass without touching them; 
9 
and 
10 
(c) file a protest against any irregularity noted in the ballot/plebiscite 
11 
return/certificates of canvass or in the proceedings of the PlebCom or board of 
12 
canvassers, as the case maybe, and obtain the resolution thereon in writing. 
13 
The watcher shall not be allowed to participate in the deliberation of the Board. 
14 
The provisions of Article 15 pertaining to watchers for the national and local elections 
15 
shall apply whenever practicable. 
16 
SEC. 342.Rules and regulations pertaining to a plebiscite. - The Commission 
17 
shall promulgate the rules and regulations in the conduct of each plebiscite, applying, 
18 
to the extent feasible, the provisions of Article 11, concerning the Hybrid Election 
19 
System; Articles 13 and 16, pertaining to the polling places and official ballots, 
20 
respectively; and Articles 17, 20, and 21 on the casting, counting, and canvassing of 
21 
votes, to the end that a free, orderly, honest, transparent, and credible plebiscite is 
22 
conducted. 
23 
 
24 
Article 32 
25 
National Initiative and Referendum 
26 
SEC. 343.Who may exercise. - The power of national initiative and referendum 
27 
may be exercised by all registered voters and the country.   
28 
Section 344. Requirements for a National Initiative or Referendum. - To 
29 
exercise the power of initiative to enact a national legislation or the power of 
30 
referendum to approve or reject a statute, at least ten per centum (10%) of the total 
31 
number of the registered voters, of which every legislative district is represented by 
32 
at least three per centum (3%) of the registered voters thereof, shall sign a petition 
33 
for the purpose and register the same with the Commission.  
34 
The petition shall state the following:  
35 
(1) contents or text of the proposed law sought to be enacted, approved or 
36 
rejected, amended or repealed, as the case may be;  
37 


154 
 
(2) the proposition;  
1 
(3) the reason or reasons therefor;  
2 
(4) that it is not one of the exceptions provided herein;  
3 
(5) signatures of the petitioners or registered voters; and  
4 
(6) an abstract or summary in not more than one hundred (100) words which 
5 
shall be legibly written or printed at the top of every page of the petition.  
6 
SEC. 345.Procedure in National Initiative or Referendum. - Within a period of 
7 
thirty (30) days from receipt of the petition, the Commission shall, upon a preliminary 
8 
determination of the sufficiency of the petition, publish the same in Filipino and English 
9 
at least twice in newspapers of general and local circulation.  The Commission shall 
10 
then order the election officers to verify the signatures on the basis of the registry list 
11 
of voters and the voter registration records used in the immediately preceding 
12 
election. Within thirty (30) days from receipt of the order to verify the signatures, the 
13 
election officers shall submit a report on the result of the verification to the provincial 
14 
election supervisor. The election supervisor concerned shall, within forty-eight (48) 
15 
hours from receipt of all the reports from the election officers, submit to the 
16 
Commission a report on the results of the verification per legislative district. 
17 
Within fifteen (15) days from receipt of all the reports of the provincial election 
18 
supervisors, the Commission shall make a final finding as to the sufficiency of the 
19 
petition. Should the Commission determine that the petition is sufficient in form and 
20 
substance, it shall set the date of the initiative or referendum which shall not be earlier 
21 
than forty-five (45) days but not later than ninety (90) days from the determination 
22 
by the Commission of the sufficiency of the petition. 
23 
SEC. 346.Effectivity of a National Initiative or Referendum Proposition. - The 
24 
proposition of the enactment, approval, amendment or rejection of a national law shall 
25 
be submitted to and approved by a majority of the votes cast by all registered voters. 
26 
If, as certified to by the Commission, the proposition is approved by a majority 
27 
of the votes cast, the national law proposed for enactment, approval, or amendment 
28 
shall become effective fifteen (15) days following completion of its publication in the 
29 
Official Gazette or in a newspaper of general circulation in the Philippines. If, as 
30 
certified by the Commission, the proposition to reject a national law is approved by a 
31 
majority of the votes cast, the said national law shall be deemed repealed and the 
32 
repeal shall become effective fifteen (15) days following the completion of publication 
33 
of the proposition and the certification by the Commission in the Official Gazette or in 
34 
a newspaper of general circulation in the Philippines.  
35 
However, if the majority vote is not obtained, the national law sought to be 
36 
rejected or amended shall remain in full force and effect.  
37 


155 
 
SEC. 347.Prohibited Measures in a National Initiative or Referendum. - The 
1 
following cannot be the subject of an initiative or referendum petition:  
2 
(a) A petition embracing more than one (1) subject;  
3 
(b) Statutes involving emergency measures, the enactment of which are specifically 
4 
vested in Congress by the Constitution, unless such statues have been in effect 
5 
for at least ninety (90) days;  
6 
(c) Appropriation, revenue or tariff measures, those authorizing increase of the 
7 
public debt, bills or laws of local application, and private bills or laws; or 
8 
(d) Any other measure which is prohibited under the Constitution.  
9 
SEC. 348.Referendum initiated by Congress. - The Congress may, by at least 
10 
a twenty-five percent (25%) vote of both Houses, voting separately, submit to the 
11 
registered voters for the approval or rejection of any law or resolution duly enacted 
12 
or approved: Provided, That the prohibited measures enumerated in the preceding 
13 
section shall not be subject to a referendum initiated by Congress. 
14 
Said referendum shall be held under the control and direction of the 
15 
Commission within ninety (90) days from submission of the resolution by both Houses 
16 
of Congress that aforesaid law or resolution shall be submitted for referendum. 
17 
The Commission shall certify and proclaim the results of the said referendum 
18 
 
19 
Article 33 
20 
Local Initiative and Referendum 
21 
SEC. 349.Who may exercise. - The power of local initiative and referendum 
22 
may be exercised by all voters registered in the region, province, city, municipality, or 
23 
barangay concerned, and by the autonomous regions, provinces, cities, municipalities, 
24 
and barangays. 
25 
SEC. 350.Procedure and Requirements in Local Initiative and Referendum. –  
26 
(a) Not less than two thousand (2,000) registered voters in case of autonomous 
27 
regions, one thousand (1,000) in case of provinces and cities, one hundred (100) 
28 
in case of municipalities, and fifty (50) in case of barangays, may file a petition 
29 
with the Regional Assembly or local legislative body, respectively, proposing the 
30 
adoption, enactment, repeal, or amendment, of any law, ordinance or resolution.   
31 
(b) If no favorable action thereon is made by local legislative body within (30) days 
32 
from its presentation, the proponents, through their duly authorized 
33 
representative, may invoke their power of initiative, giving notice thereof to the 
34 
local legislative body concerned.  Thereafter, the proponents shall have one 
35 
hundred twenty (120) days in case of autonomous regions; ninety (90) days in 
36 


156 
 
case of provinces and cities; sixty (60) days in case of municipalities; and thirty 
1 
(30) days in case of barangays, to file a petition before the Commission with the 
2 
following number of signatures: 
3 
(1) In cases involving a legislative measure in an autonomous region, a province 
4 
or a city, at least ten percent (10%) of the registered voters therein, of which 
5 
every legislative district must be represented by at least three percent (3%) 
6 
of the registered voters therein: Provided, however, That if the province or 
7 
city is composed only of one (1) legislative district, then at least each 
8 
municipality in a province or each barangay in a city should be represented 
9 
by at least three percent (3%) of the registered voters therein.   
10 
(2) In cases involving a legislative measure in a municipality, at least ten percent 
11 
(10%) of the registered voters in the municipality, of which every barangay 
12 
is represented by at least three per centum (3%) of the registered voters 
13 
therein.   
14 
(3) In cases involving a legislative measure in a barangay resolution, at least ten 
15 
percent (10%) of the registered voters in said barangay.  
16 
(c) The petition shall be signed before the election officer, or his or her designated 
17 
representatives, in the presence of a representative of the proponent, and a 
18 
representative of the regional assemblies and local legislative bodies concerned in 
19 
a public place in the autonomous region or local government unit, as the case 
20 
may be. Signature stations may be established in as many places as may be 
21 
warranted.   
22 
(d) Upon the lapse of the period herein provided, the Commission, through its office 
23 
in the local government unit concerned, shall certify as to whether or not the 
24 
required number of signatures has been obtained. Failure to obtain the required 
25 
number is a defeat of the proposition.  
26 
(e) If the required number of the signatures is obtained, the Commission shall then 
27 
set a date for the initiative at which the proposition shall be submitted to the 
28 
registered voters in the local government unit concerned for their approval within 
29 
ninety (90) days from the date of certification by the Commission, in case of 
30 
autonomous regions, sixty (60) days in case of the provinces and cities, forty-five 
31 
(45) days in case of municipalities, and thirty (30) days in case of barangays. The 
32 
initiative shall then be held on the date set, after which the results thereof shall 
33 
be certified and proclaimed by the Commission on Elections.   
34 
SEC. 351.Effectivity of Local Propositions. - If, as certified by the Commission, 
35 
the proposition is approved by a majority of the votes cast, the regional law or local 
36 
ordinance proposed for enactment, approval, or amendment shall become effective 
37 
fifteen (15) days following completion of its publication in the Official Gazette or in a 
38 
newspaper of general circulation in the autonomous region, province, city or 
39 


157 
 
municipality, as the case may be. In case of barangay ordinance, the same shall 
1 
become effective after it has been posted in three (3) conspicuous places in the 
2 
Barangay continuously for a period of not less than two (2) weeks. 
3 
If, as certified by the Commission, the proposition to reject a regional law or 
4 
local ordinance is approved by a majority of the votes cast, the said legislative measure 
5 
shall be deemed repealed and the repeal shall become effective fifteen (15) days 
6 
following the completion of publication of the proposition and the certification by the 
7 
Commission in the Official Gazette or in a newspaper of general circulation in the 
8 
autonomous region, province, city or municipality, as the case may be. In case of a 
9 
barangay ordinance, the repeal shall become effective after the proposition and the 
10 
certification by the Commission has been posted in three (3) conspicuous places in 
11 
the Barangay continuously for a period of not less than two (2) weeks. 
12 
However, if the majority vote is not obtained, the regional law or local ordinance 
13 
sought to be rejected or amended shall remain in full force and effect 
14 
SEC. 352.Limitations on Local Initiative and Referendum. –  
15 
(a) The power of local initiative and referendum shall not be exercised more than 
16 
once a year.  
17 
(b) Initiative shall extend only to subjects or matters which are within the legal powers 
18 
of the local legislative bodies to enact.  
19 
(c) If at any time before the initiative is held, the local legislative body shall adopt in 
20 
toto the proposition presented, the initiative shall be cancelled. Likewise, if at any 
21 
time before the referendum is held, the ordinance sought to be rejected is 
22 
completely repealed, the referendum shall be cancelled.   
23 
SEC. 353.Limitations Upon Local Legislative Bodies. - Any proposition or 
24 
ordinance or resolution approved, amended, or rejected through the system of 
25 
initiative and referendum as herein provided shall not be repealed, modified, 
26 
amended, or re-enacted, as the case may be, by the local legislative body concerned 
27 
within six (6) months from the date therefrom, and may be amended, modified, 
28 
repealed, or re-enacted by the local legislative body within three (3) years thereafter 
29 
by a vote of three-fourths (3/4) of all its members: Provided, however, that in case of 
30 
barangays, the period shall be one (1) year after the expiration of the first six (6) 
31 
months.   
32 
SEC. 354.Referendum initiated by local legislative bodies. - Any local legislative 
33 
body may submit to the registered voters of autonomous region, provinces, cities, 
34 
municipalities and barangays for the approval or rejection, any ordinance or resolution 
35 
duly enacted or approved.  
36 


158 
 
Said referendum shall be held under the control and direction of the 
1 
Commission within sixty (60) days in case of provinces and cities, forty-five (45) days 
2 
in case of municipalities and thirty (30) days in case of barangays. 
3 
The Commission shall certify and proclaim the results of the said referendum.  
4 
 
5 
Article 34 
6 
Initiative to Amend the Constitution 
7 
SEC. 355.Requirements for an Initiative to Amend the Constitution. - A petition 
8 
for an initiative on the 1987 Constitution must have at least twelve per centum (12%) 
9 
of the total number of registered voters as signatories, of which every legislative 
10 
district must be represented by at least three per centum (3%) of the registered voters 
11 
therein. Initiative on the Constitution may be exercised only once every five (5) years.  
12 
The petition shall state the following:  
13 
(1) the particular sentences, phrases, or words in the Constitution sought to be 
14 
modified or deleted;  
15 
(2) the Article and Section number where such sentences, phrases, or words are 
16 
found; 
17 
(3) the proposed modification or the sentences, phrases, or words sought to be 
18 
written, if any, in lieu of those which are sought to be deleted. 
19 
(4) the reason or reasons therefor;  
20 
(5) signatures of the petitioners or registered voters; and  
21 
(6) an abstract or summary in not more than one hundred (100) words which shall 
22 
be legibly written or printed at the top of every page of the petition. 
23 
SEC. 356.Procedure in Initiative to Amend the Constitution. - Within a period 
24 
of thirty (30) days from receipt of the petition, the Commission shall, upon a 
25 
preliminary determination of the sufficiency of the petition, publish the same in Filipino 
26 
and English at least twice in newspapers of general and local circulation.  The 
27 
Commission shall then order the election officers to verify the signatures on the basis 
28 
of the registry list of voters and the voter registration records used in the immediately 
29 
preceding election. Within thirty (30) days from receipt of the order to verify the 
30 
signatures, the election officers shall submit a report on the result of the verification 
31 
to the provincial election supervisor. The election supervisor concerned shall, within 
32 
forty-eight (48) hours from receipt of all the reports from the election officers, submit 
33 
to the Commission a report on the results of the verification per legislative district. 
34 
Within fifteen (15) days from receipt of all the reports of the provincial election 
35 
supervisors, the Commission shall make a final finding as to the sufficiency of the 
36 
petition. Should the Commission determine that the petition is sufficient in form and 
37 


159 
 
substance, it shall set the date of the plebiscite which shall not be earlier than ninety 
1 
(90) days but not later than one hundred and twenty (120) days from the 
2 
determination by the Commission of the sufficiency of the petition. 
3 
SEC. 357.Effectivity of the Amendment. - The proposition in an initiative on 
4 
the Constitution approved by a majority of the votes cast in the plebiscite shall become 
5 
effective as to the day of the plebiscite.  
6 
 
7 
CHAPTER IX 
8 
PRE-PROCLAMATION CONTROVERSIES AND ELECTION CONTESTS 
9 
 
10 
Article 35 
11 
Pre-proclamation Controversies 
12 
SEC. 358.Nature of a pre-proclamation controversy. - A pre-proclamation 
13 
controversy refers to any question pertaining to or affecting the proceedings of the 
14 
board of canvassers or barangay board of canvassers, which may be raised by any 
15 
candidate or by any registered political or sectoral party, sectoral organization, or 
16 
coalition of political parties before the board or directly with the Commission, or any 
17 
matter raised under Sections 242, 243, 244, and 245 in relation to the preparation, 
18 
transmission, receipt, custody and appreciation of the election returns. 
19 
SEC. 359.Commission's power to annul or suspend proclamations. – The 
20 
Commission may, after due notice and hearing, order the partial or total suspension 
21 
of the proclamation of any candidate-elect or annul partially or totally any 
22 
proclamation, if one has been made, if the evidence shall warrant. 
23 
SEC. 360.Pre-proclamation Cases Involving Provincial, City and Municipal 
24 
Offices. - Pre-proclamation cases involving provincial, city, municipal, and barangay 
25 
offices shall be allowed and shall be governed by the provisions of this Article.  
26 
All pre-proclamation cases pending before the Commission shall be deemed 
27 
terminated at the beginning of the term of the office involved and the rulings of the 
28 
boards of canvassers concerned shall be deemed affirmed, without prejudice to the 
29 
filing of a regular election protest by the aggrieved party. However, proceedings may 
30 
continue when, on the basis of the evidence thus far presented, the Commission 
31 
determines that the petition appears meritorious and accordingly issues an order for 
32 
the proceeding to continue or when an appropriate order has been issued by the 
33 
Supreme Court in a petition for certiorari.   
34 
SEC. 361.Pre - proclamation Cases in Elections for President, Vice-President, 
35 
Senator, and Member of the House of Representatives. - For purpose of the elections 
36 
for president, vice - president, senator, and member of the House of Representatives, 
37 
no pre-proclamation cases shall be allowed on matters relating to the preparation, 
38 


160 
 
transmission, receipt, custody and appreciation of election returns or the certificates 
1 
of canvass, as the case may be expected, as provided for in Section 238 of this Code. 
2 
However, this does not preclude the authority of the appropriate canvassing body 
3 
motu propio or upon written complaint of an interested person to correct manifest 
4 
errors in the certificate of canvass or election returns before it.  
5 
Questions affecting the composition or proceedings of the board of canvassers 
6 
or barangay board of canvassers may be initiated in the board or directly with the 
7 
Commission. 
8 
Any objection on the election returns before the barangay, city or municipal 
9 
board of canvassers, or the municipal or city certificates of canvass before the 
10 
provincial board of canvassers or district board of canvassers, shall be specifically 
11 
noted in the minutes of their respective proceeding.  
12 
SEC. 362.Issues that may be raised in pre-proclamation controversy. - The 
13 
following shall be proper issues that may be raised in a pre-proclamation controversy: 
14 
(a) Illegal composition or proceedings of the board of canvassers or barangay board 
15 
of canvassers as the case may be;  
16 
(b) The canvassed election returns are incomplete, contain material defects, appear 
17 
to be tampered with or falsified, or contain discrepancies in the same returns or 
18 
in other authentic copies thereof as mentioned in Sections 242, 243, 244, and 
19 
245 of this Code; 
20 
(c) The election returns were prepared under duress, threats, coercion, or 
21 
intimidation, or they are obviously manufactured or not authentic; and 
22 
(d) When substitute or fraudulent returns in controverted polling places were 
23 
canvassed, the results of which materially affected the standing of the aggrieved 
24 
candidate or candidates. 
25 
SEC. 363.Contested composition or proceedings of the board. - Questions 
26 
affecting the composition or proceedings of the board of canvassers or barangay board 
27 
of canvassers may be initiated in the board of canvassers or barangay board of 
28 
canvassers, as the case may be, or directly with the Commission.  
29 
When such issue is initiated before the board of canvassers or barangay board 
30 
of canvassers, such board shall, within twenty-four hours, make a ruling thereon with 
31 
notice to the contestant who, if adversely affected, may appeal the matter to the 
32 
Commission within three (3) days from a ruling thereon. The Commission shall 
33 
summarily decide the case within five (5) days from filing thereof.  
34 
SEC. 364.Correction of Manifest Errors. - A pre-proclamation case may be filed 
35 
directly with the Commission when the issue involves the correction of manifest errors 
36 
in the tabulation or tallying of election returns, or certificates of canvass, during the 
37 
canvassing as where: 
38 


161 
 
(a) a copy of the election returns or certificate of canvass was tabulated more than 
1 
once; 
2 
(b) two or more copies of the election returns of one precinct, or two or more 
3 
copies of certificate of canvass were tabulated separately; 
4 
(c) there has been a mistake in the copying of the figures into the statement of 
5 
votes or into the certificate of canvass; or 
6 
(d) there has been any other palpable and incontrovertible error analogous to the 
7 
foregoing. 
8 
SEC. 365.Contested election returns. – Matters raised under Sections 243, 244, 
9 
and 245 of this Code in relation to the preparation, transmission, receipt, custody and 
10 
appreciation of the election returns, and the certificates of canvass shall be brought 
11 
in the first instance before the board of canvassers.  
12 
(a) Any candidate, political party, coalition of political parties, or party-list group 
13 
contesting the inclusion or exclusion in the canvass of any election returns on 
14 
any of the grounds authorized under this Article or under Sections 243, 244, or 
15 
245 of this Code shall submit their oral objection to the chairman of the board 
16 
of canvassers at the time the questioned return is presented for inclusion in the 
17 
canvass. Such objection shall be recorded in the minutes of the canvass. 
18 
(b) Upon receipts of any such objection, the board of canvassers shall automatically 
19 
defer the canvass of the contested returns and shall proceed to canvass the 
20 
returns which are not contested by any party.  
21 
(c) Simultaneous with the oral objection, the objecting party shall also enter his 
22 
objection in the form for written objections to be prescribed by the Commission. 
23 
Within twenty-four (24) hours from and after the presentation of such an 
24 
objection, the objecting party shall submit the evidence in support of the 
25 
objection, which shall be attached to the form for written objections. Within the 
26 
same period of twenty-four (24) hours after presentation of the objection, any 
27 
party may file a written and verified opposition to the objection in the form also 
28 
to be prescribed by the Commission, attaching thereto supporting evidence, if 
29 
any. The board shall not entertain any objection or opposition unless reduced 
30 
to writing in the prescribed forms.  
31 
The evidence attached to the objection or opposition, submitted by the parties, 
32 
shall be immediately and formally admitted into the records of the board by the 
33 
chairman affixing his signature at the back of each every page thereof.  
34 
(d) Upon receipt of the evidence, the board shall take up the contested returns, 
35 
consider the written objections thereto and opposition, if any, and summarily 
36 
and immediately rule thereon. The board shall enter its ruling on the prescribed 
37 
form and authenticate the same by the signatures of its members.  
38 


162 
 
(e) Any party adversely affected by the ruling of the board shall immediately inform 
1 
the board if he or she intends to appeal said ruling. The board shall enter said 
2 
information in the minutes of the canvass, set aside the returns and proceed to 
3 
consider the other returns.  
4 
(f) After all the uncontested returns have been canvassed and the contested return 
5 
ruled upon by it, the board shall suspend the canvass. Within forty-eight (48) 
6 
hours, therefrom, any party adversely affected by the ruling may file with the 
7 
board a written and verified notice of appeal; and within an unextendible period 
8 
of five (5) days thereafter an appeal may be taken to the Commission.  
9 
(g) Immediately upon receipt of the notice of appeal, the board shall make an 
10 
appropriate report to the Commission, elevating therewith the complete records 
11 
and evidence submitted in the canvass, and furnishing the parties with copies 
12 
of the report.  
13 
(h) On the basis of the record and evidence elevated to it by the board, the 
14 
Commission shall decide summarily the appeal within seven (7) days from 
15 
receipt of said record and evidence. Any appeal brought before the Commission 
16 
on the ruling of the board, without the accomplished forms and the evidence 
17 
appended thereto, shall be summarily dismissed. 
18 
The decision of the Commission shall be executory after the lapse of seven (7) 
19 
days from receipts thereof by the losing party unless restrained by the Supreme 
20 
Court. 
21 
(i) The board of canvassers shall not proclaim any candidate as winner unless 
22 
authorized by the Commission after the latter has ruled on the object brought 
23 
to it on appeal by the losing party. Any proclamation made in violation hereof 
24 
shall be void ab initio, unless the contested returns will not adversely affect the 
25 
results of the election.  
26 
SEC. 366.Summary Disposition of Pre-proclamation Controversies. - All pre-
27 
proclamation controversies on election returns or certificates of canvass shall, on the 
28 
basis of the records and evidence elevated to it by the board of canvassers, be 
29 
disposed of summarily by the Commission within seven (7) days from receipt thereof. 
30 
Its decisions shall be executory after the lapse of seven (7) days from receipt by the 
31 
losing party of the decision of the Commission, unless restrained by the Supreme 
32 
Court. 
33 
SEC. 367.Partial proclamation. - Notwithstanding the pendency of any pre-
34 
proclamation controversy, the Commission may summarily order the proclamation of 
35 
other winning candidates whose election will not be affected by the outcome of the 
36 
controversy.   
37 
SEC. 368. Effect of filing petition to annul or to suspend the proclamation. - 
38 
The filing with the Commission of a petition to annul or to suspend the proclamation 
39 


163 
 
of any candidate shall suspend the running of the period within which to file an election 
1 
protest or quo warranto proceedings.  
2 
 
3 
Article 36 
4 
Election Contests 
5 
SEC. 369.Jurisdiction of the Commission. - The Commission shall be the sole 
6 
judge of all contests relating to the elections, returns, and qualifications of all elective 
7 
regional, provincial, and city officials, and appellate jurisdiction over all contests 
8 
involving elective municipal officials decided by trial courts of general jurisdiction, or 
9 
involving elective barangay officials decided by trial courts of limited jurisdiction.  
10 
SEC. 370.How initiated. - An election contest is initiated by the filing of an 
11 
election protest or a petition for quo warranto against an elective official.  An election 
12 
protest shall not include a petition for quo warranto, nor shall a petition for quo 
13 
warranto include an election protest.  
14 
SEC. 371.Election protests for municipal and barangay offices. - A verified 
15 
petition contesting the election or returns of an elective municipal or barangay official 
16 
shall be filed with the proper regional trial court or municipal trial court, as the case 
17 
may be, by any candidate who was voted for the same office and who received the 
18 
second or third highest number of votes or, in a multi-slot position, was among the 
19 
next four candidates following the last-ranked winner duly proclaimed, as reflected in 
20 
the official results of the election contained in the Statement of Votes By Precinct, 
21 
within ten days from the date of proclamation.  The party filing the protest shall be 
22 
designated as the protestant; the adverse party shall be known as the protestee. The 
23 
petition shall be accompanied by a certification against forum-shopping. 
24 
Each contest shall refer exclusively to one office; however, contests for offices 
25 
of Sangguniang Bayan or Sangguniang Barangay may be consolidated in one case.  
26 
SEC. 372.Election protests for regional, provincial, and city offices. - A verified 
27 
petition contesting the election or returns of a regional, provincial, or city elective 
28 
official shall be filed with the Commission by any candidate who was voted for the 
29 
same office and who received the second or third highest number of votes or, in a 
30 
multi-slot position, was among the next four candidates following the last-ranked 
31 
winner duly proclaimed, as reflected in the official results of the election contained in 
32 
the Statement of Votes By Precinct, within ten days from the date of proclamation.  
33 
The party filing the protest shall be designated as the protestant; the adverse party 
34 
shall be known as the protestee. The petition shall be accompanied by a certification 
35 
against forum-shopping. 
36 
Each contest shall refer exclusively to one office; however, contests for offices 
37 
of Sangguniang Panlalawigan, Sangguniang Panlungsod, or Parliaments of 
38 
Autonomous Regions may be consolidated in one case.  
39 


164 
 
SEC. 373.Grounds for election protests. - An election protest shall be grounded 
1 
on fraud or irregularities committed in the conduct of the elections, the casting and 
2 
counting of the ballots, the transmission of results, and the preparation and 
3 
canvassing of returns.  The issue in every election protest shall always be who, among 
4 
the candidates, obtained the plurality of valid votes cast.  
5 
SEC. 374.Petition for quo warranto. - Any registered voter contesting the 
6 
election of any regional, provincial, or city official on the ground of ineligibility or of 
7 
disloyalty to the Republic of the Philippines shall file a verified petition for quo warranto 
8 
with the Commission within ten days after the proclamation of such official.  
9 
Any registered voter contesting the election of any municipal or barangay 
10 
official on the ground of ineligibility or of disloyalty to the Republic of the Philippines 
11 
shall file a verified petition for quo warranto with the regional trial court or first level 
12 
court, respectively, within ten (10) days after the proclamation of such official. 
13 
The petitions referred to in this section shall be accompanied by a certification 
14 
against forum-shopping. 
15 
SEC. 375.Procedure in election contests. - The Commission shall prescribe the 
16 
rules that shall govern the procedure in election contests involving elective regional, 
17 
provincial, and city positions not later than sixty days before such elections. The Court 
18 
shall prescribe the rules that shall govern election contests pertaining to elective 
19 
municipal and barangay positions. 
20 
The rules prescribed by the Commission and the Court shall provide simple and 
21 
inexpensive procedures for the expeditious and just disposition of election contests. 
22 
Such procedures shall be published in at least two newspapers of general circulation. 
23 
SEC. 376.Issuance of precautionary protection order. – Where the allegations 
24 
in a protest so warrant, the court or the Commission, as the case may be, shall order, 
25 
simultaneously with the issuance of summons, the treasurer and election officer 
26 
concerned to take immediate and appropriate measures to safeguard the integrity of 
27 
all the ballot boxes, the ballots, the lists of voters, voting records, the books of voters, 
28 
and other documents or paraphernalia used in the election, and, in case of hybrid 
29 
elections, the automated election equipment and other devices such as the data 
30 
storage devices containing electronic data evidencing the conduct and results of 
31 
elections in the contested precincts.  
32 
SEC. 377. When ballot boxes and election documents are brought before the 
33 
court. – Within forty-eight (48) hours from receipt of an answer with counter-protest, 
34 
when the allegations in a protest or counter-protest so warrant, the court or the 
35 
Commission, as the case may be, shall order the ballot boxes with their keys, the lists 
36 
of voters and voting records, the books of voters, other documents or paraphernalia, 
37 
and, in case of hybrid elections, the automated election equipment, consolidation 
38 


165 
 
machines, and the electronic data storage devices involved in the protest or counter-
1 
protest, to be brought before it. 
2 
The parties shall be notified of the date and time of retrieval and transfer from 
3 
their respective custodians of the ballot boxes, the automated election equipment and 
4 
consolidation machines, the electronic data storage devices, the lists of voters and 
5 
voting records, the books of voters, and other documents or paraphernalia. The 
6 
parties may send representatives to witness the retrieval and transfer. The absence, 
7 
however, of a representative of a party shall not be a reason to postpone or delay the 
8 
retrieval or transfer of the above-mentioned equipment, devices, and election 
9 
documents. 
10 
The court or the Commission, at its discretion, may seek the assistance of the 
11 
Philippine National Police (PNP) or the Armed Forces of the Philippines in ensuring the 
12 
safe delivery of the ballot boxes and the election equipment, devices, and documents 
13 
to its custody. 
14 
Where any of the election equipment, devices, and documents mentioned 
15 
above are also involved in election contests before the Presidential Electoral Tribunal, 
16 
the Senate Electoral Tribunal, or the House of Representatives Electoral Tribunal with 
17 
preferential rights of custody and revision, the court or the Commission, as the case 
18 
may be, shall coordinate with and make the appropriate request to such tribunals for 
19 
the temporary prior custody of said election equipment, devices, and documents or 
20 
for the synchronization of revision activities. 
21 
The expenses necessary and incidental to the production in court of the ballot 
22 
boxes and election documents and the production, storage and maintenance of the 
23 
automated election equipment, data storage devices, election paraphernalia and 
24 
documents shall be shouldered and promptly paid by the protestant and counter-
25 
protestant in proportion to the precincts covered by their protects and counter-
26 
protests. The expenses necessary and incidental to the return of the materials and 
27 
documents produced in court to their original custodians or to the proper tribunal after 
28 
the termination of the case shall likewise be shared proportionately by the protestant 
29 
and the protestee based on the number of precincts they respectively contest.  
30 
SEC. 378.Access to electronic data in the COMELEC back-up server. – Upon 
31 
motion duly made based on demonstrated need, the court or the Commission may, in 
32 
cases involving hybrid elections, order that the moving party shall be given access to, 
33 
or to recover and use, electronic data from the back-up server of the Commission 
34 
under conditions and safeguards required by the Commission.  
35 
SEC. 379. Revision of ballots in election protest. - Where the allegations in a 
36 
protest or counter-protest so warrant and the interests of justice so require, the court 
37 
or the Commission, as the case may be, shall, through a revision/recount committee, 
38 
examine the ballots and manually recount the votes covered by the protest and 
39 


166 
 
counter-protest: Provided, That the Revised Rules on Evidence, as promulgated by 
1 
the Supreme Court, shall apply in ascertaining the admissibility and weight of the 
2 
results of the revision. 
3 
SEC. 380.Decisions in Election Contests. - The Regional Trial Court and the 
4 
first level courts, as the case may be, shall decide all election contest cases brought 
5 
before it within thirty (30) days from the date of their submission for decision. In no 
6 
case shall the Regional Trial Court or the first level courts render its decision beyond 
7 
six (6) months after the filing of the protest, unless otherwise authorized by the 
8 
Supreme Court.  
9 
The decisions of aforesaid courts shall be appealable to the Commission sitting 
10 
in divisions within five (5) days from promulgation thereof. No motion for 
11 
reconsideration of the decision of the Regional Trial Court or the first level court shall 
12 
be allowed. 
13 
The Commission shall decide all election contests brought before it, whether in 
14 
the exercise of its original jurisdiction or appellate jurisdiction, within thirty (30) days 
15 
from the date of their submission for decision. In no case shall the Commission, in the 
16 
exercise of its appellate jurisdiction, render its decision beyond six (6) months from 
17 
the date of appeal; or beyond twelve (12) months from the filing of the petition, if it 
18 
has original jurisdiction thereover. 
19 
The decision of the Commission sitting in division may be elevated to the 
20 
Commission En Banc by any party aggrieved thereby through a verified motion for 
21 
reconsideration filed within five (5) days from promulgation of the assailed decision. 
22 
The Commission En Banc shall decide all election contest cases within three (3) 
23 
months from the filing of the motion for reconsideration. All decisions by the 
24 
Commission En Banc shall be final and executory unless otherwise restrained by the 
25 
Supreme Court. 
26 
SEC. 381.Preferential disposition of contests in courts. - The courts, in their 
27 
respective cases, shall give preference to election contests over all other cases, except 
28 
those of habeas corpus, petitions for the issuance of a temporary protection order in 
29 
cases involving violence against women and children, petitions for a Writ of Amparo 
30 
and such other cases which the Supreme Court shall be deemed very urgent. 
31 
SEC. 382.Costs and damages. – Costs shall be allowed to the prevailing party 
32 
as a matter of course. The court and the Commission shall have the power, for special 
33 
reasons, to apportion the costs, as may be equitable. The court or the Commission 
34 
may render judgment for costs if a protest, a counter-protest or a petition for quo 
35 
warranto is dismissed. When a protest, a counter-protest, or a petition for quo 
36 
warranto is found to be frivolous, double or treble costs may be imposed on the 
37 
protestant, the counter-protestant or the petitioner.  
38 


167 
 
In all election contests, the court or the Commission, as the case may be, may 
1 
adjudicate damages and attorney’s fees as it may deem just and as established by the 
2 
evidence, if the aggrieved party has included these claims in the pleadings.  
3 
SEC. 383.Notice of decisions. - The clerk of court and the corresponding official 
4 
in the Commission before whom an election protest or a quo warranto proceeding has 
5 
been instituted or where the appeal of said case has been taken shall notify 
6 
immediately the Department of Interior and Local Government of the final disposition 
7 
thereof. 
8 
CHAPTER X 
9 
ELECTION OFFENSES 
10 
 
11 
Article 37 
12 
Election Offenses Related to the Registration of Voters 
13 
SEC. 384.Threats, intimidation, terrorism, use of fraudulent device or other 
14 
forms of coercion to induce or prevent registration. - Any person who, directly or 
15 
indirectly, threatens, intimidates or actually causes, inflicts, or produces any violence, 
16 
injury, punishment, damage, loss or disadvantage upon any person or persons or that 
17 
of the immediate members of his family, his honor or property, or uses any fraudulent 
18 
device or scheme to compel or induce the registration or refraining from registration 
19 
of any voter shall be liable for an election offense.  
20 
Any person who delays, hinders or obstruct another from registering shall 
21 
likewise be criminally liable under this Code.  
22 
SEC. 385.Material misrepresentation in the registration application. - Any 
23 
person who gives false information as to one's name, address, age, or period of 
24 
residence for the purposes of establishing the eligibility or ineligibility to register or 
25 
vote under this Code; or who conspires with another person for the purpose of 
26 
encouraging the giving of false information in order to establish the eligibility or 
27 
ineligibility of any individual to register or vote under this Code; or who pays, offers 
28 
to pay, or accepts payment for application for registration shall be guilty of an election 
29 
offense.  
30 
Furthermore, any person who assisted an illiterate person, a person with 
31 
disability, or a senior citizen, who caused such applicant to set forth any false or 
32 
untruthful statement relative to any of the data or information required in the 
33 
application for registration or transfer of registration shall also be liable for an election 
34 
offense. 
35 
SEC. 386.Approval of unqualified registrants. - The members of the election 
36 
registration board who approve any application for registration or transfer of 
37 
registration which on its face shows that the applicant does not possess all the 
38 


168 
 
qualifications prescribed by law for a voter or who disapproves any application which 
1 
on its face shows that the applicant possesses all such qualifications and there is no 
2 
objection, contest, or opposition against such applicant’s application shall be liable for 
3 
an election offense.  
4 
SEC. 387.Double Registration and Substituted Registration. - Any person who, 
5 
being a registered voter, registers anew or attempts to register anew shall be guilty 
6 
of an election offense: Provided however, That any person who attempts to register 
7 
anew but discloses the fact of his prior registration and who desisted from further 
8 
attempting to register after having been informed by the Election Officer that he or 
9 
she is still registered shall not be liable for an election offense.  
10 
Likewise, criminally liable under this Code is any person who registers or 
11 
attempts to register in substitution for another whether with or without the latter's 
12 
knowledge or consent, as well as any person who registers or attempts to register any 
13 
deceased or fictitious person.  
14 
SEC. 388.Tampering of application for registration, the registration records, or 
15 
the certified list of voters. - Any person who tampers with or changes without authority 
16 
any data or entry in any voter's application for registration shall be guilty of an election 
17 
offense. Likewise, criminally liable is any person who, in any manner, physically or 
18 
electronically tampers, tears, defaces, removes, or otherwise alters any registration 
19 
record, book of voters, or certified list of voters without authority from the 
20 
Commission.  Any form of data or system interference or illegal access, as understood 
21 
under R.A. 10175, involving the documents and files mentioned in this Section shall 
22 
constitute an election offense hereunder. 
23 
SEC. 389.Unlawful transfer of precinct assignment. -  Any person who 
24 
changes, alters, or transfers the precinct assignment of a voter in the permanent list 
25 
of voters without the express written consent of the voter shall be guilty of an election 
26 
offense: Provided, however, That if the voter shall unreasonably withholds such 
27 
consent the criminal liability mentioned hereunder shall not apply. 
28 
SEC. 390.Election Offenses by the Election Officer and Members of the Election 
29 
Registration Board. - The members of the Election Registration Board shall be held 
30 
liable for an election offense should they fail, without legal justification, to post, within 
31 
the time and on the places prescribed in this Code, the certified list of voters or the 
32 
action taken on the applications for registration.  
33 
The Election Officer who shall, without valid justification, fail to perform any of 
34 
the foregoing within the time and in the places prescribed by this Code shall be 
35 
criminally liable hereunder: 
36 
(a) set the applications for registration for hearing; 
37 
(b) post notices of such hearing; or 
38 


169 
 
(c) preserve and safekeep the voter’s registration records in the manner prescribed 
1 
by the Commission. 
2 
 
3 
Article 38 
4 
Election Offenses Related to the Certificate Of Candidacy and the 
5 
Registration of Political and Sectoral Parties, Organizations, and Coalitions 
6 
SEC. 391. Nuisance Candidacy. – Any person who was found by the 
7 
Commission, after due notice and hearing, to have filed a certificate of candidacy, 
8 
under any of the following circumstance: (a) to put the election process in mockery 
9 
or disrepute; (b) to cause confusion among the voters by similarity of the names of 
10 
the registered candidates; (c) to obtain money, profit, or any other consideration; or 
11 
(d) by any othe4 circumstance or act which clearly demonstrate that the candidate 
12 
has no bona fide intention to run for the office for which the certificate of candidacy 
13 
has been filed and thus prevent a faithful determination of the true will of the 
14 
electorate. 
15 
SEC. 392.Material Misrepresentation in the Certificate of Candidacy and in the 
16 
Certificate of Nomination and Acceptance. - Any person who commits any 
17 
misrepresentation as to a material matter in his or her Certificate of Candidacy shall 
18 
be guilty of an election offense.  Likewise, any person who commits a material 
19 
misrepresentation in the Certificate of Nomination and Acceptance shall be criminally 
20 
liable hereunder. 
21 
Material misrepresentation or false statement shall include the use of a name, 
22 
nickname or alias of any other person and which the candidate is not generally known 
23 
in the community for purposes of gaining political capital or advantage against his or 
24 
her electoral opponent. 
25 
SEC. 393.Material Misrepresentation in the Petition for Registration. - The 
26 
president and chairperson of the political or sectoral group, party, organization or 
27 
coalition, together with the signatory of the petition for registration or accreditation, 
28 
shall be liable for an election offense should such petition contain any false statement 
29 
in any matter required by this Code to be stated therein. 
30 
SEC. 394.Improper Substitution of Party-List Nominees. - It shall be unlawful 
31 
for any nominee of a party-list group to feign any incapacity for the purpose of being 
32 
substituted. In such cases, the president and chairperson of the party-list group and 
33 
the nominee or nominees who feigned such incapacity shall be criminally liable. The 
34 
person or persons who substituted the erring nominee or nominees are also liable for 
35 
the election offense hereunder if they knew or were in a reasonable position to know 
36 
that said nominee or nominees were merely feigning their incapacity. 
37 
SEC. 395. Refusal to receive or acknowledge receipt of the certificate of 
38 
candidacy. - Except in case of barangay and sangguniang kabataan elections, it shall 
39 


170 
 
be unlawful for any officer of the Commission to refuse to receive any certificate of 
1 
candidacy filed with him or her or refuse to acknowledge receipt of the same.  
2 
In case of barangay and Sangguniang Kabataan elections, it shall be unlawful 
3 
for any election officer to refuse receipt of any certificate of candidacy which does not, 
4 
on its face, bear out that the prospective candidate is ineligible or that he or she does 
5 
not meet the qualifications pertaining to age, residence, or registered voter status as 
6 
set forth by law. Likewise, the election officer shall be liable for an election offense if 
7 
he or she refuses to issue a notice of rejection pursuant to Section 308 of this Code 
8 
or fails to comply with the directive of the provincial election supervisor to include the 
9 
prospective candidate in the official list of candidates pursuant to the same section. 
10 
Finally, in barangay and Sangguniang Kabataan elections, it shall be unlawful 
11 
for the Provincial Election Supervisor to refuse receipt of the certificate of candidacy 
12 
of any prospective candidate if the same is filed with the notice of rejection from the 
13 
election officer concerned. 
14 
SEC. 396. Abstracting, destroying, cancelling, or tampering a certificate of 
15 
candidacy. - Any person who abstracts, destroys, tampers, forges, or cancels any 
16 
certificate of candidacy duly filed and which has not been cancelled upon order of the 
17 
Commission shall be liable for an election offense.  
18 
Section 397.Spurious certificate of candidacy; receipt of candidacy despite 
19 
expiration of the period for filing. - Any person who submits any false or spurious 
20 
certificate of candidacy or document to the prejudice of a candidate shall be criminally 
21 
liable under this Chapter.  
22 
Any person who, being authorized to receive certificates of candidacy, receives 
23 
any certificate of candidacy outside the period for filing the same and makes it appear 
24 
that said certificate of candidacy was filed on time; or any person who, by means of 
25 
fraud, threat, intimidation, terrorism or coercion, causes or compels the commission 
26 
of said act shall be guilty of an election offense.  
27 
 
28 
 
29 
Article 39 
30 
Election Offenses Related to the Election Campaign 
31 
and Campaign Finance 
32 
SEC. 398. Election campaign or partisan political activity outside campaign 
33 
period. – It shall be unlawful for any person, whether a voter or candidate, or a 
34 
prospective candidate, or for any party, or association of persons, to engage in an 
35 
election campaign or partisan political activity except during the campaign period: 
36 
Provided, that political parties may hold political conventions or meetings to nominate 
37 
their official candidates within thirty days before the commencement of the campaign 
38 


171 
 
period and forty-five days for Presidential and Vice-Presidential election; Provided 
1 
further, that a candidate or a prospective candidate may be held liable under this 
2 
section for acts committed within one year before the commencement of the campaign 
3 
period upon the filing of his certificate of candidacy. 
4 
SEC. 399.Coercion related to campaigning. - It shall be unlawful for any person 
5 
to coerce, intimidate, or otherwise compel any other person, whether directly or 
6 
indirectly, to campaign for or against a proposition, candidate, political or sectoral 
7 
party, organization, or coalition of political parties.  
8 
It shall also be unlawful for any person, who shall, during the campaign period, 
9 
coerce, intimidate or compel another to desist from campaigning for or against any 
10 
proposition, candidate, party or organization if the person being coerced, intimidated 
11 
or compelled can lawfully participate in partisan political activities. 
12 
SEC. 400.Intervention of public officers and employees. - It shall be unlawful 
13 
for any officer or employee in the civil service, including those in the Armed Forces of 
14 
the Philippines to directly or indirectly intervene in any election campaign or engage 
15 
in any partisan political activity, except to vote or to preserve public order;  Provided, 
16 
That those holding elective positions shall not be covered by the ban hereunder; 
17 
Provided further, That job order personnel and those under contracts of service shall 
18 
likewise be prohibited from engaging in partisan political activities. Persons who violate 
19 
this Section shall be guilty of an election offense and shall be perpetually disqualified 
20 
from holding public office. 
21 
SEC. 401.Use of public funds, money deposited in trust, equipment, facilities 
22 
owned or controlled by the government for an election campaign. - Any person who 
23 
uses or causes to be used, under any guise whatsoever, directly or indirectly, (1) 
24 
public funds or money deposited with, or held in trust by, public financing institutions 
25 
or by government offices, banks, or agencies; (2) any printing press, radio, television 
26 
station, audio-visual equipment, website, computer, server, internet services, or any 
27 
other information and communications machine or equipment operated by the 
28 
Government or by its divisions, sub-divisions, agencies or instrumentalities, including 
29 
government-owned or controlled corporations, or by the Armed Forces of the 
30 
Philippines; or (3) any equipment, vehicle, facility, apparatus, or paraphernalia owned 
31 
by the government or by its political subdivisions, agencies including government-
32 
owned or controlled corporations, or by the Armed Forces of the Philippines for any 
33 
election campaign or for any partisan political activity shall be guilty of an election 
34 
offense. The prohibition hereunder shall begin after the last day of the filing of the 
35 
certificates of candidacy.   
36 
SEC. 402.Unjustified refusal to grant permit. - Any punong barangay, 
37 
municipal or city mayor, or governor who shall unjustifiably deny any application for 
38 
the holding of a peaceful political rally, meeting, or other similar activities, including 
39 


172 
 
rallies, meetings, and similar activities to campaign for or against a proposition in case 
1 
of a plebiscite, initiative, or referendum, shall be criminally liable. 
2 
Section 403.Interference with a lawful election campaign or propaganda. - 
3 
Any person who interferes, breaks up, or prevents, without legal ground, any political 
4 
rally or campaign or, in case of plebiscite, referendum, or initiative, any lawful activity 
5 
conducted in support or opposition of any proposition, shall be guilty of an election 
6 
offense. If the offender is a public officer, he shall likewise be perpetually disqualified 
7 
from holding public office. 
8 
It shall also be unlawful for any person to jam, obstruct, or interfere with a 
9 
radio, television, or internet broadcast of any lawful political program or advertisement 
10 
including, in the case of plebiscite, referendum, or initiative, programs or 
11 
advertisements espousing support or opposition to any proposition. 
12 
SEC. 404.Prohibition against discrimination in the sale of air time. - Any person 
13 
operating a radio or television station who, without justifiable cause, discriminates 
14 
against any political party, coalition or aggroupment of parties or any candidate in the 
15 
sale of air time, or who manifests undue bias in the sale of such air time for or against 
16 
a proposition, in case of plebiscite, referendum, or initiative, shall be guilty of an 
17 
election offense. In addition to the penalty prescribed herein, such refusal shall 
18 
constitute a ground for cancellation or revocation of the franchise.   
19 
SEC. 405.Other Election Offenses Related to Election Campaigns. - Any person 
20 
who violates Sections 95, 96, 97, 98, 99, 100, 101, 104, 107, 108, 109, or 110 of this 
21 
Code shall be guilty of an election offense.  
22 
SEC. 406.Election Offenses Related to Campaign Finance. - Any person who 
23 
shall violate Sections 111, 112, 113, 114, 115, 116, 117, or 118 of this Code shall be 
24 
liable for an election offense. 
25 
SEC. 407.Violation of the Rules and Regulations of the Commission. - Any 
26 
person who violates the rules and regulations duly promulgated by the Commission to 
27 
implement Article 9 of this Code shall be criminally liable under this Article. 
28 
 
29 
Article 40 
30 
Election Offenses Related to the Election Period and Campaign Period 
31 
SEC. 408.Appointment of new employees, creation of new position, promotion, 
32 
or giving salary increases. – The following shall be criminally liable hereunder: 
33 
(1) any head, official or appointing officer of a government office, agency or 
34 
instrumentality, whether national or local, including government-owned or 
35 
controlled corporations, who, during the election period, appoints or hires any 
36 
new employee, whether provisional, temporary or casual, or creates and fills 
37 
any new position, except upon prior authority of the Commission. The 
38 


173 
 
Commission shall not grant the authority sought unless, it is satisfied that the 
1 
position to be filled is essential to the proper functioning of the office or agency 
2 
concerned, and that the position shall not be filled in a manner that may 
3 
influence the election.  
4 
As an exception to the foregoing provisions, a new employee may be appointed 
5 
in case of urgent need: Provided, however, That notice of the appointment 
6 
shall be given to the Commission within three days from the date of the 
7 
appointment. Any appointment or hiring in violation of this provision shall be 
8 
null and void.   
9 
It shall be mandatory for the Commission to resolve any request for authority 
10 
to appoint or hire new employees or create and fill new positions within fifteen 
11 
(15) days from the filing of the same. 
12 
(2) Any government official who, within the election period, promotes, or gives any 
13 
increase of salary or remuneration or privilege to any government official or 
14 
employee, including those in government-owned or controlled corporations.  
15 
SEC. 409.Transfer of officers and employees in the civil service. - Any public 
16 
official who makes or causes any transfer or detail whatsoever of any officer or 
17 
employee in the civil service including public school teachers, within the election 
18 
period, except upon prior approval of the Commission shall be liable for an election 
19 
offense.   
20 
From their appointment as such and until the end of the election period or the 
21 
official proclamation of winning candidates, whichever comes earlier, no member of 
22 
the board of canvassers shall leave his or her official station without prior authority of 
23 
the Commission. 
24 
SEC. 410.Suspension of elective provincial, city, municipal or barangay officer. 
25 
- The provisions of law to the contrary notwithstanding, during the election period, 
26 
any public official who suspends, without prior approval of the Commission, any 
27 
elective provincial, city, municipal or barangay officer, shall be guilty of an election 
28 
offense: Provided, That the prohibition shall not apply if said suspension will be for 
29 
purposes of applying the "Anti-Graft and Corrupt Practices Act" in relation to the 
30 
suspension and removal of elective officials.  
31 
SEC. 411.Appointment or use of armed groups. - During the election period, 
32 
any appointing authority who appoints or constitutes an armed group in whatever 
33 
guise or designation or any person who utilizes the services of an armed group shall 
34 
be liable for an election offense: Provided, That the services of duly licensed security 
35 
firms may be availed of to provide security to residences, places of business, offices, 
36 
storage houses, or any other place where the deployment of security personnel is 
37 
necessary to prevent damage or loss of property or personal injury or loss of life: 
38 
Provided further, That the President, Vice-President, Supreme Court Justices, 
39 


174 
 
Senators, Members of the House of Representatives, Court of Appeals Justices, 
1 
Commissioners of the Constitutional Commissions, the Ombudsman and his deputies, 
2 
Department Secretaries, the Solicitor General, Generals of the Armed Forces or of the 
3 
Philippine National Police, and other government officials not enumerated above or 
4 
any retired government official, who, at least six months prior to the election period 
5 
or the thirty-day period previously mentioned herein, have been assigned a security 
6 
detail, shall be allowed to retain such security detail: Provided, however, That other 
7 
government officials or retired government officials not falling within the immediately 
8 
preceding proviso, as well as private individuals, including candidates, may apply with 
9 
the Commission for a security detail from the Philippine National Police or other law 
10 
enforcement agencies of the government upon a showing that the circumstances so 
11 
warrant: Provided finally, That all the security personnel, as well as, the government 
12 
officials, retired government officials, and private individuals mentioned in this section 
13 
shall still be required to obtain exemption from the ban on carrying firearms and 
14 
deadly weapons, unless otherwise automatically exempted by the Commission 
15 
through a duly promulgated resolution. 
16 
At the beginning of the election period, all armed groups shall turn over their 
17 
firearms, uniforms, insignias and other badges of authority to the Philippine National 
18 
Police. Failure to do so shall constitute an election offense. 
19 
As used in this section, the term “armed group” shall refer to a group of two or 
20 
more individuals who carry weapons, whether openly or in a concealed manner, who 
21 
are under the control, supervision, or command of a person or group of persons, and 
22 
who are not members of the armed units of the Philippine Armed Forces, Philippine 
23 
National Police, Bureau of Fire Protection, Bureau of Jail Management and Penology, 
24 
Philippine Drug Enforcement Agency, National Bureau of Investigation, other law 
25 
enforcement agencies, Citizen Armed Forces Geographical Units, security forces of the 
26 
Senate, House of Representatives, the Constitutional Commissions, the Supreme 
27 
Court, and the Office of the Ombudsman, and armed units constituted, created, or 
28 
maintained in accordance with statute. For this purpose, any form of barangay, 
29 
municipal, city, or provincial security forces constituted, created, or maintained by 
30 
mere ordinance or resolution shall be considered as an armed group within the 
31 
purview of this section.  
32 
SEC. 412.Ban on carrying of firearms and other deadly weapons. – The 
33 
issuance of firearms licenses shall be suspended during the election period.  Any 
34 
person who carries or bears any firearm outside his residence or place of business 
35 
during such period, unless authorized in writing by the Commission, shall be liable for 
36 
an election offense: Provided, That a motor vehicle, water or air craft shall not be 
37 
considered a residence or place of business or extension hereof.   
38 


175 
 
This prohibition shall not apply to cashiers and disbursing officers while in the 
1 
performance of their duties or to persons who by nature of their official duties, 
2 
profession, business or occupation habitually carry large sums of money or valuables.  
3 
Regular members or officers of the Philippine National Police, the Armed Forces 
4 
of the Philippines and other law enforcement agencies of the Government may be 
5 
authorized to carry and possess firearms during the election period: Provided, That, 
6 
when in the possession of firearms, the law enforcement officer must be: (a) in full 
7 
uniform showing clearly and legibly his name, rank and serial number which shall 
8 
remain visible at all times; and (b) in the actual performance of his law enforcement 
9 
duty in the specific area where he or she is assigned or detailed. Exceptions to the 
10 
foregoing requirements may be allowed by the Commission only in meritorious cases, 
11 
upon petition by the enforcement agency concerned. 
12 
It shall likewise be unlawful to carry outside of one's residence or place of 
13 
business any bladed, pointed or blunt weapon such as 'knife', 'spear', 'pana', 'dagger', 
14 
'bolo', 'barong', 'kris', 'chako', or similar weapons, except where such articles are being 
15 
used as necessary tools or implements to earn a livelihood or in pursuit of a lawful 
16 
activity.  
17 
No deadly weapon be allowed in the polling place and within a radius of one 
18 
hundred meters thereof during the days and hours fixed by law or by the Commission 
19 
for voting, counting of votes, or preparation of the election returns. However, in cases 
20 
of affray, turmoil, or disorder, any peace officer or public officer authorized by the 
21 
Commission to supervise the election is entitled to carry firearms or any other weapon 
22 
for the purpose of preserving order and enforcing the law. 
23 
SEC. 413.Use of armored land, water or aircraft. - Any person who uses during 
24 
the election period, including the election day, any armored land, water or air craft, 
25 
provided with any temporary or permanent equipment or any other device or 
26 
contraption for the mounting or installation of cannons, machine guns and other 
27 
similar high caliber firearms, including military type tanks, half trucks, scout trucks, 
28 
armored trucks, of any make or model, whether new, reconditioned, rebuilt or re-
29 
modelled, shall be liable for an election offense: Provided, That banking or financial 
30 
institutions and all business firms may use armored vehicles, in the number reasonably 
31 
necessary for its operations, strictly for, and limited to, the purpose of transporting 
32 
cash, gold bullion or other valuables in connection with their business from and to 
33 
their place of business, upon previous authority of the Commission.   
34 
SEC. 414.Wearing of uniforms and bearing of arms. - During the election 
35 
period, any member of the Philippine National Police, Armed Forces of the Philippines, 
36 
Citizen Armed Forces Geographical Unit and other law enforcement units organized, 
37 
created, and maintained in accordance with law or privately-owned or operated 
38 
security, investigative, protective or intelligence agencies, who wears his uniform or 
39 
uses his insignia, decorations or regalia, or bears arms outside the immediate vicinity 
40 


176 
 
of his place of work, place of assignment, place of detail, camp, garrison, or barracks, 
1 
shall be liable for an election offense: Provided, That this prohibition shall not apply 
2 
when said member is in pursuit of a person who has committed or is committing a 
3 
crime; when he is in the actual performance of his duties; when he is escorting or 
4 
providing security for the transport of payrolls, deposits, or other valuables; or when 
5 
guarding private residences, buildings, or offices. 
6 
The Commission may, upon application and only if necessary to maintain peace 
7 
and order or preserve the internal or external security of the country, exempt specific 
8 
units of the Armed Forces, the Philippine National Police, and other law enforcement 
9 
agencies from the foregoing requirements: Provided, That all personnel authorized to 
10 
bear arms or wear their uniforms outside the places mentioned in the preceding 
11 
paragraph shall bear their true name, rank and serial number. 
12 
During the election period, whenever the Commission finds it necessary for the 
13 
promotion of free, orderly, honest and peaceful elections in a specific area, it shall 
14 
confiscate or order the confiscation of firearms of any member or members of the 
15 
Armed Forces of the Philippines, the Philippine National Police, other law enforcement 
16 
agencies, security firms or agencies, or any other person or persons.  
17 
The prohibitions under this Section and the last three preceding sections, as 
18 
well as the exemptions thereto, shall also apply on the day of a plebiscite, referendum, 
19 
or initiative, and the thirty-day period prior thereto but only in the areas covered or 
20 
affected by such plebiscite, referendum, or initiative. 
21 
SEC. 415.Prohibition on the release, disbursement or expenditure of public 
22 
funds for any and all kinds of public works. - Any public official or employee including 
23 
barangay officials and those of government-owned or controlled corporations and their 
24 
subsidiaries, who, during the campaign period for local officials, releases, disburses or 
25 
expends any public funds for any and all kinds of public works shall be criminally liable: 
26 
Provided, however, That the following shall not be covered by the prohibition: 
27 
(a) Maintenance of existing and/or completed public works project: Provided, That 
28 
not more than the average number of laborers or employees already employed 
29 
therein during the six-month period immediately prior to the beginning of the 
30 
local campaign period shall be permitted to work during such time: Provided, 
31 
further, That no additional laborers shall be employed for maintenance work 
32 
within the said period;  
33 
(b) Work undertaken by contract through public bidding held, or by negotiated 
34 
contract awarded, before the local campaign period: Provided, That work for the 
35 
purpose of this section undertaken under the so-called "takay" or "paquiao" 
36 
system shall not be considered as work by contract;  
37 
(c) Payment for the usual cost of preparation for working drawings, specifications, 
38 
bills of materials, estimates, and other procedures preparatory to actual 
39 


177 
 
construction including the purchase of materials and equipment, and all 
1 
incidental expenses for wages of watchmen and other laborers employed for 
2 
such work in the central office and field storehouses before the beginning of 
3 
such period: Provided, That the number of such laborers shall not be increased 
4 
over the number hired when the project or projects were commenced;  
5 
(d) Emergency work necessitated by the occurrence of a public calamity, but such 
6 
work shall be limited to the restoration of the damaged facility; 
7 
(e) Ongoing public works projects commenced before the campaign period or similar 
8 
projects under foreign agreements. For purposes of this provision, it shall be the 
9 
duty of the government officials or agencies concerned to report to the 
10 
Commission the list of all such projects being undertaken by them. 
11 
No payment shall be made within five days before the date of election to 
12 
laborers or contractors who have rendered services in projects or works except those 
13 
falling under subparagraphs (a), (b), (c), (d), and (e) of this section.   
14 
SEC. 416.Prohibition on undertaking of construction of public works, delivery 
15 
of materials for public works and issuance of treasury warrants and similar devices. - 
16 
During the local campaign period, any person who (a) undertakes the construction of 
17 
any public works, except for projects or works exempted in the preceding section; or 
18 
(b) issues, uses, or avails of treasury warrants or any security or contract undertaking 
19 
future delivery of money, goods or other things of value chargeable against public 
20 
funds shall be guilty of an election offense. 
21 
SEC. 417.Prohibition on the release, disbursement or expenditure of public 
22 
funds for housing and social welfare services and development. - Any public official or 
23 
employee including barangay officials and those of government-owned or controlled 
24 
corporations and their subsidiaries, who, during the campaign period for local officials, 
25 
releases, disburses or expends any public funds for any of the services undertaken or 
26 
offered by Department of Social Welfare and Development (DSWD), the Department 
27 
of Human Settlements and Urban Development (DHSUD) and any other office in other 
28 
departments or agencies of the government performing functions similar to the DSWD 
29 
or DHSUD, including the social services or public housing offices or departments of 
30 
local government units, shall be guilty of an election offense: Provided, however, That 
31 
expenses for salaries of personnel, routine and normal expenses, and such other 
32 
expenses as the Commission may authorize after due notice and hearing shall not be 
33 
covered by the prohibition.   
34 
Should a calamity or disaster occur, the Commission shall exempt the DSWD 
35 
and similar departments, offices, and agencies operating within the affected area from 
36 
the prohibition in the preceding paragraph: Provided, That no candidate or his or her 
37 
spouse or member of his family within the second civil degree of affinity or 
38 


178 
 
consanguinity shall participate, directly or indirectly, in the distribution of any relief or 
1 
other goods to the victims of the calamity or disaster.  
2 
 
3 
Article 41 
4 
Election Offenses Related to Voting or the Voting Period 
5 
SEC. 418.Vote-buying and vote-selling; conspiracy to commit vote-buying. - 
6 
Any person who gives, offers or promises money or anything of value, gives or 
7 
promises any office or employment, franchise or grant, public or private, or makes or 
8 
offers to make an expenditure, directly or indirectly, or cause an expenditure to be 
9 
made to any person, association, corporation, entity, or community in order to induce 
10 
anyone or the public in general to vote for or against any proposition, candidate, or 
11 
political or sectoral party, organization or coalition, or to withhold his vote in the 
12 
election, plebiscite, referendum, or initiative, as the case may be, shall be liable for an 
13 
election offense.  
14 
Any person, association, corporation, group or community who solicits or 
15 
receives, directly or indirectly, any expenditure or promise of any office or 
16 
employment, public or private, for any of the foregoing considerations shall likewise 
17 
be criminally liable hereunder.  
18 
When two or more persons, whether candidate or not, come to an agreement 
19 
concerning the commission of any violation of the first paragraph of this section, and 
20 
decide to commit it, each of such persons shall be guilty of an election offense.  
21 
SEC. 419.Prosecution of Vote-Buying and Vote-Selling. - The presentation of 
22 
a complaint for violations of the preceding section, when supported by affidavits of 
23 
complaining witnesses attesting to the offer or promise by or of the voter's acceptance 
24 
of money or other consideration from the relatives, leaders or sympathizers of a 
25 
candidate, shall be sufficient basis for an investigation to be immediately conducted 
26 
by the Commission or other prosecuting arms of the government.  
27 
Proof that at least one voter in different precincts representing at least ten 
28 
percent (10%) of the total precincts in any municipality, city, district or province has 
29 
been offered, promised or given money, valuable consideration, or other expenditure 
30 
by a candidate's relatives, leaders and/or sympathizers for the purpose of promoting 
31 
the election of such candidate, shall constitute a disputable presumption of a 
32 
conspiracy under the preceding section. The same shall also constitute as prima facie 
33 
evidence of the involvement of such candidate and of his principal campaign managers 
34 
in each of the municipalities, cities, districts, or provinces concerned, in the conspiracy. 
35 
The giver, offeror, and promisor as well as the solicitor, acceptor, recipient and 
36 
conspirator in the preceding section shall be liable as principals: Provided, That any 
37 
person, otherwise guilty under said section who voluntarily gives information and 
38 
willingly testifies on any violation thereof in any official investigation or proceeding 
39 


179 
 
shall be exempt from prosecution and punishment for the offenses with reference to 
1 
which his information and testimony were given: Provided further, That nothing herein 
2 
shall exempt such person from criminal prosecution for perjury or false testimony.  
3 
SEC. 420.Coercion to vote for or against a candidate, party, or organization. - 
4 
Any public officer, or any officer of any public or private corporation or association, or 
5 
any head, superior, or administrator of any religious organization, or any employer or 
6 
land-owner who coerces or intimidates or compels, or in any manner influence, directly 
7 
or indirectly, any of his subordinates or members or parishioners or employees or 
8 
house helpers, tenants, overseers, farm helpers, tillers, or lease holders to aid, 
9 
campaign or vote for or against any proposition, candidate, political or sectoral party, 
10 
organization, or coalition shall be liable for an election offense.  
11 
Any employee or laborer who is dismissed or tenant who is ejected for refusing 
12 
or failing to vote for any proposition or candidate or party-list group of his employer 
13 
or landlord, as the case may be, shall be reinstated and the damages caused to the 
14 
aggrieved party, including unearned income and moral damages, shall be restored to 
15 
him upon application with the proper court and without prejudice to the criminal 
16 
liability of the offender as set forth in this Chapter.  
17 
Any person who, directly or indirectly, threatens, intimidates or actually causes, 
18 
inflicts or produces any violence, injury, punishment, damage, loss or disadvantage 
19 
upon any person or persons or that of the immediate members of his family, his honor 
20 
or property, or uses any fraudulent device or scheme to compel or induce the casting 
21 
of any vote or omission to vote, or any promise of such vote or omission therefrom 
22 
shall also be guilty of an election offense.  Likewise, it shall be unlawful for any person 
23 
to detain a voter without lawful cause, or molests him in such a manner as to obstruct 
24 
or prevent him from going to the polling place to cast his vote or from returning home 
25 
after casting his vote, or to compel him to reveal how he voted.  
26 
SEC. 421.Multiple voting; unregistered voter; voting in substitution of another. 
27 
- Any person who votes more than once in the same election, plebiscite, referendum, 
28 
or initiative or who, not being a registered voter, votes in an election, plebiscite, 
29 
referendum, or initiative or who votes in substitution for another whether with or 
30 
without the latter's knowledge and/or consent shall be liable for an election offense.  
31 
Furthermore, any voter who, in the course of voting, uses a ballot other than the one 
32 
given by the electoral board, barangay electoral board, or PlebCom as the case may 
33 
be, or has in his possession more than one official ballot, without legal justification 
34 
therefor, shall also be liable for an election offense.  
35 
SEC. 422.Unlawful transfer of polling place. - Any person who, without 
36 
authority, transfers the location of a polling place shall be liable for an election offense.  
37 
SEC. 423.Propagation of disinformation. - Any person who, for the purpose of 
38 
disrupting or obstructing the election process or causing confusion among the voters, 
39 


180 
 
propagates, transmits or circulates, through any means including posting in social 
1 
media platforms, any false report, false information, false order, directive or messages 
2 
regarding any matter relating to the printing of official ballots, the postponement of 
3 
the election, plebiscite, referendum, or initiative, the transfer of polling place or the 
4 
general conduct of the election, plebiscite, referendum, or initiative.   
5 
SEC. 424.Voting-related offenses attributable to members of the Electoral 
6 
Board, Barangay Electoral Board, or PlebCom. - Aside from the election offenses 
7 
mentioned in this Article, any member or members of the Electoral Board, Barangay 
8 
Electoral Board, or whenever applicable, the Plebiscite Committee, as the case may 
9 
be, shall be guilty of an election offense for the following acts or omissions: 
10 
(a) Allowing or making possible the casting of more votes than there are registered 
11 
voters;  
12 
(b) Knowingly allowing any person whose name does not appear in the list of 
13 
registered voters of the precinct concerned to vote therein without legal 
14 
justification therefor; 
15 
(c) Knowingly allowing a person who has already voted to vote again in the same 
16 
election, plebiscite, referendum, or initiative; 
17 
(d) Unjustifiably preventing any voter registered in the precinct concerned, whose 
18 
name is in the certified list for such precinct, and who has not yet voted, to 
19 
cast his vote even though the voting period has not yet lapsed; 
20 
(e) Knowingly using ballots other than the official ballots;  
21 
(f) Deliberately being absent from the meetings of the board or committee for the 
22 
purpose of obstructing or delaying the performance of its duties or functions;  
23 
(g) Refusing to sign and certify, without justifiable reason, any election form or 
24 
document required by this Code or prescribed by the Commission although he 
25 
was present during the meeting of the said body;  
26 
(h) Any person who, being ineligible for appointment as member of the Electoral 
27 
Board, the Barangay Electoral Board, or the Plebiscite Committee, as the case 
28 
may be, accepts an appointment to said body, assumes office, and actually 
29 
serves as a member thereof, or any of public officer or any person acting in his 
30 
behalf who appoints such ineligible person knowing him to be ineligible;   
31 
(i) Engaging in any partisan political activity after he has been appointed as 
32 
member of the Electoral Board, Barangay Electoral Board, or PlebCom except 
33 
to discharge his duties as such and to vote;  
34 
(j) Failing to start the voting at the time fixed by the Commission or closing the 
35 
conduct of voting before the time prescribed by the Commission, without any 
36 
justifiable reason.  
37 


181 
 
(k) Failing to observe the procedure laid down in Section 188 of this Code, 
1 
pertaining to preliminaries to voting, without any valid justification therefor.   
2 
(l) Deliberately allowing any unauthorized persons in and around the polling place: 
3 
Provided, however, That the members of the Electoral Board shall not incur 
4 
criminal liability should they be threatened, intimidated, coerced, or in any 
5 
manner forced against their will into allowing unauthorized persons in and 
6 
around the polling place.  
7 
(m) Failing, without legal justification, to observe the procedure under Section 192 
8 
or any other measure required by the Commission to be observed by the 
9 
electoral board, barangay electoral board, or PlebCom pursuant to Section 193 
10 
of this Code. In case of failure to authenticate the official ballot, only the 
11 
chairperson of the electoral board shall be criminally liable; 
12 
(n) Refusing to record challenges, oaths, or any other matter which the Code or 
13 
the Commission requires to be recorded in the Minutes of Voting;   
14 
(o) Making any announcement as to whether a certain registered voter has already 
15 
voted or not, as to how many have already voted or how many so far have 
16 
failed to vote, or any other fact tending to show or showing the state of the 
17 
polls before the termination of the voting;  
18 
(p) Making any statement at any time, except as witness before a court or the 
19 
Commission, as to how any person voted;  
20 
(q) Unjustifiably disallowing any duly authorized watcher in the polling place; or 
21 
unlawfully depriving such watcher of any right set forth in this Code; or 
22 
preventing any action which such watcher may lawfully take without any lawful 
23 
justification therefor. 
24 
SEC. 425.  Other voting-related offenses. - Any person who violates Sections 
25 
175, 181, 190, 194, or 195 of this Code shall be liable for an election offense. 
26 
Furthermore, any person shall be liable for a criminal offense for any of the following 
27 
acts: 
28 
(a) Removing, tearing, defacing or destroying any certified list of candidates posted 
29 
in the polling place during the hours of voting;  
30 
(b) Posting of a list of voters outside or at the door of a precinct on the day of an 
31 
election, plebiscite, referendum, initiative and/or recall, and which list is 
32 
different in contents from the certified list of voters being used by the Board of 
33 
Election Inspectors; 
34 
(c) Holding or causing the holding of an election on any other day than that fixed 
35 
by law or by the Commission, or stops any election being legally held;  
36 
(d) Deliberate blurring of his fingerprint in the voting record; or  
37 


182 
 
(e) Conducting himself in such a disorderly manner as to interrupt or disrupt the 
1 
work or proceedings to the end of preventing the electoral board from 
2 
performing its functions, either partly or totally.  
3 
 
4 
Article 42 
5 
Offenses Related to the Counting and Canvassing of Votes 
6 
SEC. 426.Offenses attributable to the members of the Electoral Board, 
7 
Barangay Electoral Board, or PlebCom during the counting of votes. - The electoral 
8 
board, barangay electoral board, the Plebiscite Committee or any member or members 
9 
thereof, shall be liable for an election offense for the following acts or omissions during 
10 
the counting of votes: 
11 
(a) Deliberately omitting to read the vote duly written on the ballot, or misreading 
12 
the vote actually written thereon or reading the proposition or name of a 
13 
candidate where no such proposition or name is written on the ballot, if the 
14 
member in question is charged with the duty of reading the votes.   
15 
(b) Deliberately failing to record a vote in the tally board or sheet, election returns, 
16 
or other prescribed form, or erroneously recording the votes as read, or 
17 
recording a vote where no such vote has been read by the chairman: Provided, 
18 
That the member of the electoral board, barangay electoral board, or PlebCom 
19 
in question is the one charged with the duty of tallying the votes; 
20 
(c) Refusing, after proper verification and hearing, to credit the correct votes or 
21 
deduct such tampered votes: Provided, That if such act constitutes electoral 
22 
sabotage as defined in Article 45 of this Code, the perpetrator or perpetrators 
23 
shall be liable thereunder; 
24 
(d) Conducting the counting of votes in any place other than the polling place, 
25 
unless otherwise ordered or allowed by the Commission; or counting the votes 
26 
without the presence of the authorized watchers unless aforesaid watchers 
27 
have been duly notified of the time and place of the counting of votes; or 
28 
unjustifiably and willfully preventing any authorized watcher from observing the 
29 
counting of votes; 
30 
(e) Conducting the counting of votes in a building or place located within the 
31 
perimeter of or inside a military or police camp, reservation, headquarters, 
32 
detachment or field office or within the premises of a prison or detention bureau 
33 
or any law enforcement or investigation agency, with or without the consent of 
34 
the Commission. Any officer of the Commission who consents to or orders that 
35 
the counting of votes shall be in such building or place shall likewise be 
36 
criminally liable hereunder; 
37 


183 
 
(f) Re-arranging the physical set up of the polling place for the purposes of 
1 
counting without the presence of the watchers and outside the close view of 
2 
the public; or failing to ensure that the ballot boxes and all election documents 
3 
and paraphernalia are within the close view of the watchers and the public; 
4 
(g) Failure, without justifiable cause, to comply with the procedure laid down by 
5 
this Code or by the Commission in the handling, disposition, transmittal, and 
6 
safe-keeping of the filled-in ballots, unused ballots, spoiled ballots, marked 
7 
ballots, election returns, vote counting devices, and storage devices;  
8 
(h) Adjourning, postponing, or delaying the counting of votes, either in the manual 
9 
count, automated count, or both, before it has been fully completed, unless 
10 
otherwise ordered by the Commission;  
11 
(i) Deliberate failure to perform a manual count of the votes; or to prepare 
12 
separate election returns for the manual count; or to prepare the required 
13 
number of election returns; or, in case of hybrid elections, to conduct the 
14 
automatic manual recount prescribed in Section 215 of this Code; or to conduct 
15 
any other procedure laid down in aforesaid section or in the rules and 
16 
regulations prescribed by the Commission relative to the counting of votes; 
17 
(j) Unjustified failure to sign each copy of the election returns; or to affix his or 
18 
her thumbmark thereto; or to explain his or her refusal to sign or to affix his or 
19 
her thumbmark; or to digitally sign the election returns that shall be transmitted 
20 
electronically, if applicable; 
21 
(k) Signing or authenticating any copy of the election return outside of the polling 
22 
place unless there is prior consent or order of the Commission; or knowingly 
23 
signing or authenticating an election return that does not accurately reflect the 
24 
result of the automated count, manual count, or automatic recount, as the case 
25 
may be. 
26 
(l) Failure of the chairperson to distribute the copies of the election returns in 
27 
accordance with the provisions of this Code; or, after the preparation of the 
28 
election returns, to publicly read and announce the total number or registered 
29 
voters, the total number of voters who actually voted, the total number of votes 
30 
obtained by each candidate, party-list group, or proposition based on the 
31 
election returns, and, in case of hybrid elections, whether there is a discrepancy 
32 
between the results of the automated system and manual counting system, 
33 
and the details of the said discrepancy, including the result of the recount, if 
34 
any; 
35 
(m) Failure to post a copy of the election returns within the premises of the polling 
36 
place or counting center as prescribed in this Code; 
37 
(n) Unjustified failure to electronically transmit the precinct results under the 
38 
automated system to the board of canvassers, the dominant majority and 
39 


184 
 
minority party, the accredited citizen’s arm, and the Kapisanan ng mga 
1 
Broadcasters ng Pilipinas (KBP); or transmitting such results without the 
2 
presence  of the watchers and representatives of the accredited citizen’s arm, 
3 
political parties/candidates, if any, unless said watchers and representatives 
4 
have been duly notified of the time when the board shall so transmit;  
5 
(o) Refusal to issue accredited watchers the certificate of votes as required in this 
6 
Code; or 
7 
(p) In case of the barangay electoral board, willful and deliberate failure to apply 
8 
the rules for the appreciation of ballots enumerated in Section 317 of this Code 
9 
or to observe the procedure in the counting of votes set forth in Section 316 
10 
hereof and by the Commission. 
11 
SEC. 427.Unlawful removal or defacement of the posted election returns. - 
12 
Any person who removes the election return posted within the premises of the polling 
13 
place or counting center, whether within or after the prescribed forty-eight (48) hours 
14 
of posting, without authority therefor, or defaces the same in any manner shall be 
15 
liable for an election offense: Provided, however, That the chairperson or any member 
16 
of the electoral board may remove said election returns for the purpose of immediately 
17 
transferring it to a more suitable place.  
18 
SEC. 428.Tampering or simulation of election returns or forging of signatures 
19 
therein. - Any person who simulates an actual election return or a print or digital copy 
20 
thereof; or forges thereon the signature of any or all of the members of the electoral 
21 
board, shall be liable for an election offense.   
22 
It shall be unlawful for any person to tamper, alter, deface, or falsify any portion 
23 
of any copy of the election returns: Provided, That in the instances allowed by this 
24 
Code, the electoral board may make alterations in manually accomplished election 
25 
returns for the purpose of correcting any entry therein: Provided further, That such 
26 
alterations shall be initialed by all the members of the electoral board or barangay 
27 
electoral board as the case may be and that the results of the elections in the polling 
28 
place concerned have not yet been announced: Provided finally, That any alteration 
29 
to the election returns after the announcement of results may be done only under 
30 
Section 243 of this Code or upon order of the Commission. 
31 
In the event that the tampering or simulation constitutes electoral sabotage as 
32 
defined under Article 45, the offender shall be liable thereunder. 
33 
SEC. 429.Preventing the livestreaming or recording of the counting; unlawful 
34 
use of livestream or video recordings. - Any person who, in any manner, prevents or 
35 
interferes with the livestreaming or video recording of the counting of votes as 
36 
provided in Section 217 of this Code, shall be liable for an election offense. 
37 
 Any person who shall use any photo, recorded video, or livestream, whether 
38 
official or unofficial, taken during election day of any member of the electoral board 
39 


185 
 
and any other personnel of the Commission performing election duties during election 
1 
day to defame or publicly shame said member of the electoral board or personnel of 
2 
the Commission in social media or in any other platform, digital or otherwise, shall be 
3 
guilty of an election offense. 
4 
SEC. 430. Offenses attributable to the members of the Board of Canvassers, 
5 
Barangay Board of Canvassers or Plebiscite Board of Canvassers. - The Board of 
6 
Canvassers, Barangay Board of Canvassers, or Plebiscite Board of Canvassers, as may 
7 
be applicable, or any member or members thereof, shall be liable for an election 
8 
offense for the following acts or omissions: 
9 
(a) Feigning an illness or otherwise deliberately being absent from the meetings of 
10 
said body for the purpose of obstructing or delaying the performance of its 
11 
duties or functions.  
12 
(b) Accepting an appointment to said body, assuming office therein, and actually 
13 
serving as a member thereof despite being ineligible for appointment as 
14 
member of the board of canvassers, barangay board of canvassers, or plebiscite 
15 
board of canvassers, as the case may be;  
16 
(c) In case of the chairperson, his or her failure to give a written notice to all 
17 
members of the board of canvassers or barangay board of canvassers, as the 
18 
case may be, or to each candidate, political party or coalition of political parties 
19 
fielding candidates, and parties, organizations, and coalitions  under the party-
20 
list system of the date, time and place of the meeting whenever required under 
21 
this Code; or his or her failure to post the certificate of canvass within the 
22 
premises of the canvassing center; 
23 
(d) Proceeding with the canvass of votes and/or proclamation of any candidate 
24 
despite having received an order to the contrary from the Commission;  
25 
(e) Proceeding with the canvass of votes and/or proclamation of any candidate or 
26 
the results of a plebiscite, initiative, or referendum, as the case may be, in the 
27 
absence of quorum; or without giving due notice of the date, time and place of 
28 
the meeting of the board to the candidates, political parties, and/or other 
29 
members of the board;  
30 
(f) Knowingly using in the canvass of votes and/or proclamation any election 
31 
returns which have been tampered with or falsified; or using in such canvass 
32 
or proclamation election returns that manifestly appear to be tampered with or 
33 
falsified;  
34 
(g) Using in the canvass of votes and/or proclamation any file or document other 
35 
than the official electronically transmitted results or the results contained in the 
36 
data storage devices used in the printing of the official election returns or 
37 
certificates of canvass under the automated system and/or the official election 
38 


186 
 
returns or official certificates of canvass under the manual counting system, 
1 
unless otherwise authorized under this Code or by the Commission;  
2 
(h) Refusing to credit the correct votes or deduct such tampered votes; Provided, 
3 
That if such act constitutes electoral sabotage as defined in Article 45 of this 
4 
Code, the perpetrator or perpetrators shall be liable thereunder;  
5 
(i) Refusing to sign or certify, without any justifiable reason, any election form 
6 
required by this Code or prescribed by the Commission although he was present 
7 
during the meeting of the said body;  
8 
(j) Unjustified failure to prepare the supporting statement of votes for the 
9 
certificates of canvass of votes; 
10 
(k) Causing any unwarranted delay in the transmission of the certificate of canvass 
11 
or refusing without just cause to transmit said certificate of canvass; 
12 
(l) Failure, without justifiable cause, to digitally sign the certificate of canvass that 
13 
shall be electronically transmitted; or to observe any of the measures 
14 
prescribed by the Commission to preserve the integrity of the certificates of 
15 
canvass pursuant to Section 234 of this Code;  
16 
(m) Failure to prepare the required number of certificates of canvass under the 
17 
automated system and/or the manual system; or to distribute the same in 
18 
accordance with Section 235 of this Code; 
19 
(n) Unjustifiably disallowing accredited watcher in the canvassing center; or 
20 
unlawfully depriving such watcher of any right set forth in this Code; or 
21 
preventing any action which such watcher may lawfully take without any lawful 
22 
justification therefor; 
23 
(o) Refusal or failure to proclaim the winning candidate or candidates or proposition 
24 
without any legal justification therefor; or causing any unwarranted and 
25 
vexatious delay in proclaiming said candidate or candidates or proposition; or 
26 
failing to observe the tie breaking procedure set forth in Section 254 of this 
27 
Code;  
28 
(p) Signing or authenticating any copy of the certificate of canvass or its supporting 
29 
statement of votes outside of the canvassing center, unless otherwise 
30 
authorized by the Commission; or 
31 
(q) Knowingly signing or authenticating a certificate of canvass or its supporting 
32 
statement of votes which does not accurately reflect the result of the 
33 
canvassing. 
34 
SEC. 431.Illegal appointment of members of the board. - Any of public officer 
35 
or any person acting in his behalf who knowingly appoints as member of the board of 
36 
canvassers or barangay board of canvassers, any person who is ineligible to be so 
37 
appointed shall be liable for an election offense.  
38 


187 
 
SEC. 432.Vote padding. - Any person who performs any act, either manually 
1 
or through the use of communications and information technology, for the purpose of 
2 
tampering, increasing, or decreasing the votes received by a candidate/s or party-list 
3 
group/s or proposition/s; or who actually tampers, increases, or decreases the votes 
4 
received by candidate/s  or party-list group/s or proposition/s through any means 
5 
whatsoever; or causes such tampering, increase or decrease, shall be guilty of an 
6 
election offense: Provided, That in case said tampering, increase, or decrease 
7 
constitutes Electoral Sabotage as defined in Article 45 of this Code, he shall be liable 
8 
thereunder. 
9 
SEC. 433.Unlawful removal or defacement of the posted certificate of canvass. 
10 
- Any person who removes the certificate of canvass posted within the premises of 
11 
the canvassing center, whether within or after the prescribed forty-eight (48) hours 
12 
of posting, without authority therefor, or defaces the same, in any manner, shall be 
13 
liable for an election offense: Provided, however, That the chairperson or any member 
14 
of the electoral board may remove said election returns for the purpose of immediately 
15 
transferring it to a more suitable place.  
16 
SEC. 434.Simulation of certificates of canvass or forging of signatures therein. 
17 
- Any person who simulates an actual certificate of canvass or a print or digital copy 
18 
thereof; or forges thereon the signature of any or all of the members of the board of 
19 
canvassers, barangay board of canvassers, or plebiscite board of canvassers, as the 
20 
case may be, shall be liable for an election offense.  
21 
In the event that the simulation constitutes electoral sabotage as defined under 
22 
Article 45, the offender shall be liable thereunder.  
23 
SEC. 435. Offenses attributable to the citizens’ arm during canvassing. - In 
24 
addition to the election offenses mentioned in the preceding sections, any member or 
25 
officer of the duly accredited citizens’ arm shall be liable for an election offense for 
26 
the following acts or omissions: 
27 
(a) Refusal to present the citizens’ arm to present for perusal its copy of the 
28 
election return to the board of canvassers; or 
29 
(b) Presentation by the citizens' arm of tampered or spurious election returns.  
30 
SEC. 436.Other offenses related to the counting and canvassing of votes. - 
31 
Any person who, in the presence or within the hearing of any board of canvassers, 
32 
barangay board of canvassers, or plebiscite board of canvassers during any of its 
33 
meetings, conducts himself in such a disorderly manner as to interrupt or disrupt the 
34 
work or proceedings to the end of preventing said body from performing its functions, 
35 
either partly or totally shall be liable for an election offense.  
36 
Any public official or person acting in his behalf who, without prior authority 
37 
from the Commission, relieves any member of the electoral board, barangay electoral 
38 
board, plebiscite committee, board of canvassers, barangay board of canvassers, 
39 


188 
 
plebiscite board of canvassers or any of the ballot reception and custody group from 
1 
the polling center or canvassing center to which such member is assigned; or who 
2 
changes or causes the change of assignments of any of such member from one polling 
3 
center or canvassing center to another polling center or canvassing center, as the case 
4 
may be, shall be guilty of an election offense.  
5 
 
6 
Article 43 
7 
Offenses Against the Integrity of the Ballots, Election Returns, Certificates 
8 
of Canvass and Devices Used in Voting, Counting, and Canvassing 
9 
SEC. 437.Unauthorized use, tampering with, damaging, destruction, or 
10 
stealing of election paraphernalia. - Any person who, without legal authority, utilizes, 
11 
tampers with, damages, destroys, substitutes or takes away from the possession of 
12 
those having legal custody thereof, or from the place where they are legally deposited, 
13 
the ballot box, official ballots, election returns, certificates of canvass, electronic 
14 
devices or their components, peripherals or supplies, and any other election 
15 
paraphernalia, whether before, during, or after voting or during canvassing or 
16 
transmission of results, shall be liable for an election offense.  
17 
SEC. 438.Unauthorized opening of the ballot box; removal or destruction of its 
18 
contents. - Any person having legal custody of the ballot box containing the official 
19 
ballots used in the election who opens or destroys said box or removes or destroys its 
20 
contents shall be liable for an election offense: Provided, That no criminal, civil, or 
21 
administrative liability shall attach if the opening of the ballot box or removal of its 
22 
contents is sanctioned under the provisions of this Code or by the Commission or if 
23 
the destruction of the contents of the ballot box was made under the express order 
24 
of the Commission.  
25 
Any person who, through his negligence, enables any person to commit any of 
26 
the aforementioned acts, or takes away said ballot box from his custody shall likewise 
27 
be guilty of an election offense. 
28 
SEC. 439.Unauthorized interference with the vote counting and canvassing 
29 
systems. - Any person who interferes, impedes, absconds, or prevents the installation 
30 
or use of the computer counting devices and the processing, storage, generation, and 
31 
transmission of election results, data or information; or unlawfully gains access to the 
32 
software for such devices; or who alters, destroys, replaces, intercepts, or discloses 
33 
any computer data, program, software or any computer-related devices, facilities, 
34 
hardware or equipment used for the voting,  counting of votes, transmission of voting 
35 
results, or canvassing of votes, shall be guilty of an election offense.  
36 
SEC. 440.Obstruction of transmission of results. - It shall be unlawful for any 
37 
person to delay, obstruct, impede or prevent through force, violence, coercion, 
38 
intimidation or by any means which vitiates consent, the transmittal of the election 
39 


189 
 
returns, certificates of canvass, or the storage device upon which such document or 
1 
documents are stored, or to take away, abscond with, destroy, deface, mutilate or 
2 
substitute the election returns, certificates of canvass, the ballot box containing the 
3 
election returns, or the storage device on which the election returns or certificate 
4 
canvass of votes is stored or to violate the right of the watchers. 
5 
It shall likewise be unlawful for any person to alter, intercept, delay, replace, 
6 
prevent, or otherwise interfere with, in any manner, the electronic transmission of the 
7 
results of the voting. Any illegal access or data or system interference, as defined in 
8 
R.A. 10175 on the server, database, or computer system used in the transmission 
9 
and/or consolidation of the results of voting shall constitute an election offense. 
10 
Should the act or acts under this Section constitute electoral sabotage under 
11 
Article 45, the offender or offenders shall be prosecuted and punished thereunder. 
12 
SEC. 441.Failure to account for or preserve the ballot box, ballots, election 
13 
returns, certificates of canvass, vote counting equipment and other election devices. 
14 
- Any public official who neglects or fails to properly preserve or account for any ballot 
15 
box, official ballot, election returns, certificates of canvass, other election documents 
16 
and forms, vote counting machine, canvassing system, and other election devices and 
17 
paraphernalia received by him and kept under his custody shall be liable for an election 
18 
offense.  
19 
The provincial, city, or municipal treasurer, the members of the custody group, 
20 
the election officer, or any other person who is required by law or by the Commission 
21 
to keep a record of the quantity, serial numbers, and such other details of the official 
22 
ballots, election returns, certificates of canvass, ballot boxes, counting machines, 
23 
and/or storage devices who fails to keep such record; or who keeps a record that has 
24 
been falsified; or who fails to furnish the representatives of the dominant majority and 
25 
minority parties and/or the Commission thereof shall be guilty of an election offense. 
26 
SEC. 442.Unauthorized printing or distribution of ballots. - Any person who, 
27 
without authority, prints or causes the printing of any ballot or election returns that 
28 
appears as official ballots or election returns or who distributes or causes the same to 
29 
be distributed for use in the election, whether or not they are actually used, shall be 
30 
guilty of an election offense.   
31 
Any official or employee of the National Printing Office or the Bangko Sentral 
32 
ng Pilipinas or of the Commission or any member of the committee in charge of the 
33 
printing of official ballots or election returns who causes official ballots or election 
34 
returns to be printed in quantities exceeding those authorized by the Commission; or 
35 
who distributes, delivers, or in any manner disposes of or causes to be distributed, 
36 
delivered, or disposed of, any official ballot or election returns to any person or persons 
37 
not authorized by law or by the Commission to receive or keep official ballots or 
38 
election returns; or who distributes, delivers, or in any manner disposes of or causes 
39 


190 
 
to be distributed, delivered, or disposed of, the official ballots or election returns in 
1 
quantities exceeding those authorized by the Commission; or who sends or causes 
2 
them to be sent to any place not designated by law or by the Commission, shall be 
3 
liable for an election offense.   
4 
Any person who causes the printing of the ballots by any entity other than the 
5 
Bangko Sentral ng Pilipinas and/or the National Printing Office shall likewise be 
6 
criminally liable.  
7 
SEC. 443.Disallowing watchers from observing pre-election preparations. - Any 
8 
person who unjustifiably disallows duly authorized watchers from observing the 
9 
printing of ballots, distribution of ballots, configuration of vote counting machines and 
10 
memory devices to be used for elections, and other preparations undertaken by the 
11 
Commission for the elections which, by the provisions of this Code or by the rules and 
12 
regulations of the Commission, should be observed by such watchers; or who 
13 
unlawfully prevents any authorized watcher present at such preparations or activities 
14 
from fully observing the same or from taking down notes thereof to the extent allowed 
15 
by this Code or by the Commission, shall be liable for an election offense. 
16 
SEC. 444.Use of simulated election documents. - Any person who presents in 
17 
evidence a simulated copy of an election return, certificate of canvass or statement of 
18 
votes, or a printed copy of an election return, certificate of canvass or statement of 
19 
votes bearing a simulated certification or a simulated image, shall be guilty of an 
20 
election offense.  
21 
SEC. 445.Acts violating the integrity of the official ballots, election returns, and 
22 
certificates of canvass. - Any person who, through any act, means or device, violates 
23 
the integrity of any official ballot or election returns before or after they are used in 
24 
the election, or the integrity of the certificate of canvass, shall be liable for an election 
25 
offense.  
26 
SEC. 446.Other election offenses pertaining to the integrity of the ballots and 
27 
other election documents. - Any person who violates Sections 220, 221, 222, and 240 
28 
of this Code or the rules and regulations promulgated by the Commission pursuant 
29 
thereto shall be guilty of an election offense. 
30 
 
31 
Article 44 
32 
Election Offenses Related to Overseas Voting 
33 
SEC. 447. In addition to the prohibited acts under other Articles in this Chapter, 
34 
the following acts, when committed within the context of overseas voter registration, 
35 
overseas voting, overseas counting of votes, or overseas canvassing of votes, shall be 
36 
unlawful: 
37 


191 
 
(a) For any officer or employee of the Philippine government to influence or 
1 
attempt to influence any overseas voter to vote or not to vote for a particular 
2 
candidate;  
3 
(b) For any person to unlawfully deprive any overseas voter or registrant for 
4 
overseas voting of his or her rights as set forth in this Code, or to give false 
5 
information as to one's name, address, or period of residence for the purposes 
6 
of establishing the eligibility or ineligibility to register or vote under Chapter VI 
7 
of this Code; or to conspire with another person for the purpose of encouraging 
8 
the giving of false information in order to establish the eligibility or ineligibility 
9 
of any individual to register or vote under aforesaid Chapter; or, to pay, or offer 
10 
to pay, or to accept payment either for application for registration, or for voting; 
11 
(c) For any person to steal, conceal, alter, destroy, mutilate, manipulate, or in any 
12 
way tamper with the mail containing the ballots for overseas voters, the election 
13 
returns, or any record, document or paper required for purposes of overseas 
14 
voting; 
15 
(d) For any deputized agent of the Commission to refuse without justifiable ground, 
16 
to serve or continue serving, or to comply with one's sworn duties after 
17 
acceptance of the deputization; 
18 
(e) For any public officer or employee or accredited or deputized organization or 
19 
association to cause the preparation, printing, distribution or posting of 
20 
information or material pertaining to overseas voting, without the prior 
21 
approval of the Commission; 
22 
(f) For any public officer or employee to cause the transfer, promotion, extension, 
23 
recall of any member of the foreign service corps, including members of the 
24 
attached agencies, or otherwise cause the movement of any such member from 
25 
the current post or position one (1) year before and three (3) months after the 
26 
day of elections, without securing the prior approval of the Commission; 
27 
(g) For any person who, after being deputized by the Commission to undertake 
28 
activities in connection with the implementation of overseas voting, shall 
29 
campaign for or assist, in whatever manner, candidates in the elections; 
30 
(h) For any person to engage in partisan political activity abroad during the thirty 
31 
(30)-day overseas voting period for overseas voting; or 
32 
(i) For any person, who is not a citizen of the Philippines, to participate, by word 
33 
or deed, directly or indirectly through qualified organizations/associations, in 
34 
any manner and at any stage of the Philippine political process abroad, 
35 
including participation in the campaign and elections;   
36 


192 
 
Should any of the foregoing act or acts constitute electoral sabotage under 
1 
Article 45, the offender or offenders shall be prosecuted and punished thereunder: 
2 
Provided, That Section 446 shall still apply. 
3 
SEC. 448.Extra-territorial application.- The provision of existing laws to the 
4 
contrary notwithstanding, and with due regard to the Principle of Double Criminality, 
5 
the prohibited acts described in the preceding section are electoral offenses and shall 
6 
be punishable in the Philippines regardless of its place of commission. In cases where 
7 
any of the acts in the preceding section is committed outside the territory of the 
8 
Philippines, the Regional Trial Court of the City of Manila shall have jurisdiction to hear 
9 
and try the case. 
10 
 
11 
Article 45 
12 
Electoral Sabotage 
13 
SEC. 449.Electoral Sabotage; how committed. - Electoral sabotage is 
14 
committed by any person who tampers, increases, or decreases the votes received by 
15 
a proposition, candidate, candidates, or party-list group in any election; or by any 
16 
member of the electoral board, barangay electoral board, board of canvassers, or 
17 
barangay board of canvassers who refuses, after proper verification and hearing, to 
18 
credit the correct votes or deduct such tampered votes; when any of the following 
19 
circumstances is present: 
20 
(1) The tampering, increase and / or decrease of votes perpetrated or the refusal to 
21 
credit the correct votes or to deduct tampered votes, is/are committed in the 
22 
election of a national elective office or in a national plebiscite, referendum, or 
23 
initiative, which is voted upon nationwide and the tampering, increase and/ or 
24 
decrease of votes or refusal to credit the correct votes or to deduct tampered 
25 
votes, shall adversely affect the results of the election to the said national office 
26 
or the results of a national plebiscite, referendum, or initiative, to the extent that 
27 
a losing candidate/s or proposition is /are made to appear as the winner/s;  
28 
(2) Regardless of the elective office or type of plebiscite, referendum, or initiative 
29 
involved, when the tampering, increase and/or decrease of votes committed or 
30 
the refusal to credit the correct votes or to deduct tampered votes perpetrated , 
31 
is accomplished in a single election document or in the transposition of the figure 
32 
/ results from one election document to another and involved in the said 
33 
tampering, increase, and/or decrease or refusal to credit correct votes or deduct 
34 
tampered votes exceed five thousand (5,000) votes, and that the same adversely 
35 
affects the true results of the election, plebiscite, referendum, or initiative;  or 
36 
(3) Regardless of the elective office or type of plebiscite, referendum, or initiative 
37 
involved and the results of the election or such plebiscite, referendum, or 
38 
initiative, the tampering, increase/s and/ or decrease/s of votes perpetuated or 
39 


193 
 
the refusal to credit the correct votes or deduct the tampered votes, involves 
1 
more than ten thousand (10,000) votes. 
2 
SEC. 450.Who are liable; extent of liability. - In cases involving electoral 
3 
sabotage, as defined in this Article, the following persons shall be liable: 
4 
(a) Any and all persons or individuals who actually performed the tampering, 
5 
increase, or decrease of votes; 
6 
(b) Any and all members of the electoral board, barangay electoral board, plebiscite 
7 
committee, board of canvassers, barangay board of canvassers, or plebiscite 
8 
board of canvassers who refused to credit the correct votes or to deduct 
9 
tampered votes; or who consented to such refusal to credit the correct votes 
10 
or to deduct tampered votes; or who fails to object and put into the minutes 
11 
his or her objection to the refusal to credit the correct votes or to deduct 
12 
tampered votes; 
13 
(c) Any and all persons who ordered, induced, caused, or conspired with the 
14 
person or persons who tampered, increased, or decreased the votes, or with 
15 
the member or members of the electoral board, barangay electoral board, 
16 
plebiscite committee, board of canvassers, barangay board of canvassers, or 
17 
plebiscite board of canvassers who refused to credit the correct votes or to 
18 
deduct tampered votes, shall be liable to the same extent as the actual 
19 
perpetrator or perpetrators; and 
20 
(d) Any and all persons who acted as accomplices or accessories, as understood 
21 
under the Revised Penal Code, shall be liable to the same extent as the actual 
22 
perpetrator of the acts or omissions constituting electoral sabotage. 
23 
SEC. 451.Prosecution. - Any of the following shall be sufficient basis to 
24 
establish prima facie that there is probable cause that electoral sabotage has been 
25 
committed and that the persons involved therein are liable therefor: 
26 
(a) When at least ten thousand (10,000) of the official ballots do not contain any 
27 
of the security features prescribed under Section 182 of this Code or if such 
28 
security feature/s features is/are defective or tampered with; 
29 
(b) When at least ten thousand (10,000) of the official ballots omit the name of 
30 
one or more candidates for a national position; or the name of a candidate or 
31 
candidates for national office is indicated under any position other than the one 
32 
for which he or she is seeking election; or there are unnecessary marks in such 
33 
ballots; or there is any other similar irregularity therein; or 
34 
(c) When a total of at least ten thousand (10,000) official ballots were printed or 
35 
distributed in excess of the total number of ballots allowed to be printed or 
36 
distributed. 
37 


194 
 
Nothing in this Section shall be interpreted as to exclude or render inadmissible 
1 
such other evidence as may be sufficient to establish probable cause that electoral 
2 
sabotage has been committed and/or the person in question is probably guilty thereof. 
3 
Neither shall the existence of the any of the foregoing be required to indict, 
4 
investigate, prosecute or convict any person for electoral sabotage. 
5 
 
6 
Article 46 
7 
Other Election Offenses 
8 
SEC. 452.Wagering upon the result of the election. - Any person who bets or 
9 
wagers upon the outcome of, or any contingency connected with an election, 
10 
plebiscite, initiative, or referendum shall be guilty of an election offense. Any money 
11 
or thing of value or deposit of money or thing of value situated anywhere in the 
12 
Philippines put as such bet or wager shall be forfeited in favor of the government.  
13 
SEC. 453.Coercion of election officials and employees. - Any person who, 
14 
directly or indirectly, threatens, intimidates, terrorizes or coerces any election official 
15 
or employee in the performance of his official functions or duties, shall be liable for an 
16 
election offense.  
17 
SEC. 454.Liquor ban. - Any person who sells, furnishes, offers, buys, serves 
18 
or takes intoxicating liquor on the day of the election, plebiscite, initiative, or 
19 
referendum or on the day prior thereto shall be liable for an election offense.  
20 
In case of plebiscite, initiative, or referendum, the prohibition hereunder shall 
21 
only be effective within the areas covered or affected by such plebiscite, initiative, or 
22 
referendum. 
23 
SEC. 455.Ban on certain activities. - Any person who, on the day of the 
24 
election, plebiscite, initiative, or referendum, holds fairs, cockfights, boxing matches, 
25 
horse races, jai-alai, or any other similar sports shall be liable for an election offense.   
26 
In case of plebiscite, initiative, or referendum, the prohibition hereunder shall 
27 
only be effective within the areas covered or affected by such plebiscite, initiative, or 
28 
referendum. 
29 
SEC. 456.Unlawful continuation of candidacy. - It shall be unlawful for any 
30 
person whose certificate of candidacy has been cancelled or who has been declared a 
31 
nuisance candidate or who has been disqualified from continuing his candidacy by 
32 
final and executory judgment to continue campaigning and holding himself out as a 
33 
candidate in the same election to which such cancelled certificate of candidacy, 
34 
declaration of being a nuisance candidate, or disqualification relates.   
35 
SEC. 457.Unlawful delay in the payment of the per diems and allowances of 
36 
election workers. - It shall be unlawful for any public official to cause any unjustifiable 
37 
delay in the payment of the per diem and allowances of any member of the electoral 
38 


195 
 
board, barangay electoral board, plebiscite committee, board of canvassers, barangay 
1 
board of canvassers, plebiscite board of canvassers, support staff, or any other person 
2 
deputized by the Commission to perform election duties. 
3 
 
4 
Article 47 
5 
Penalties And Other Provisions Pertaining To Election Offenses 
6 
SEC. 458.Persons criminally liable. – The principals, accomplices, and 
7 
accessories, as defined in the Revised Penal Code, shall be criminally liable for the 
8 
election offenses mentioned in this Chapter.  
9 
If the one responsible is a political or sectoral party, organization or an entity, 
10 
its chairperson, president or head, as well as its officials and employees who are 
11 
performing duties connected with the offense committed and the members who took 
12 
part in the commission of said offense, who may be principals, accomplices, or 
13 
accessories, shall be liable, in addition to the liability of such party or entity.   
14 
SEC. 459.Prosecution. - The Commission shall, through its duly authorized 
15 
legal officers, have the power, concurrent with the other prosecuting arms of the 
16 
government, to conduct preliminary investigation of all election offenses punishable 
17 
under this Code, and prosecute the same.  
18 
SEC. 460.Applicability of Chapter X to all electoral exercises. - The election 
19 
offenses defined and punished under this Chapter shall apply to all national, local, 
20 
regional, barangay, special, and recall elections.  
21 
Furthermore, to the extent practicable and legally permissible, the offenses 
22 
under this Chapter shall apply to the conduct of any plebiscite, referendum, or 
23 
initiative.  
24 
SEC. 461. Penalties. - 
25 
(A) The penalty of prision correccional in its maximum period shall be meted against 
26 
any person found guilty of committing any of the election offenses covered by 
27 
Articles 37, 38, 39, and 40 of this Code; 
28 
(B) The penalty of prision correccional in its maximum period shall be meted against 
29 
any person found guilty of committing any of the election offenses covered by 
30 
Article 41, except those under Sections 418, 421, 422, 424 (a), (b), (c),  (d), and 
31 
(e), and 425 (b) thereof. 
32 
The penalty prision mayor in its minimum period shall be imposed upon any person 
33 
found guilty under Sections 418, 421, 422, 424 (a), (b), (c),  (d), and (e), and 425 
34 
(b), without the benefit of the operation of the Indeterminate Sentence Law.  If 
35 
the offender is a public officer or a candidate, the penalty shall be prision mayor 
36 
in its medium period. In addition, the offender shall be sentenced to suffer 
37 
perpetual disqualification to hold public office and deprivation of the right to vote. 
38 


196 
 
(C) The penalty of prision correccional in its maximum period shall be meted against 
1 
any person found guilty of committing any of the election offenses covered by 
2 
Article 42, except those under Sections 426 (a), (b), (c), (d), (e), and (h), 428, 
3 
430 (f), (h), (k),  and (q), 432, or 434 thereof. 
4 
The penalty prision mayor in its minimum period shall be imposed upon any person 
5 
found guilty under Sections 426 (a), (b), (c), (d), (e), and (h), 428, 430 (f), (h), 
6 
(k), and (q), 432, or 434, without the benefit of the operation of the Indeterminate 
7 
Sentence Law.  If the offender is a public officer or a candidate, the penalty shall 
8 
be prision mayor in its medium period. In addition, the offender shall be sentenced 
9 
to suffer perpetual disqualification to hold public office and deprivation of the right 
10 
to vote. 
11 
(D) The penalty of prision mayor in its minimum period shall be imposed upon any 
12 
person found guilty of committing any of the election offenses under Article 43 of 
13 
this Code, except the election offense defined in Section 443 thereof. The penalty 
14 
of prision correctional in its maximum period shall be imposed upon any person 
15 
found guilty under Section 443.  
16 
All persons found guilty of committing any of the offenses covered by Article 43, 
17 
except for the offense under Section 443, cannot avail of the benefit of the 
18 
operation of the Indeterminate Sentence Law.  If the offender is a public officer 
19 
or a candidate, the penalty shall be prision mayor in its medium period. In 
20 
addition, the offender shall be sentenced to suffer perpetual disqualification to 
21 
hold public office and deprivation of the right to vote. 
22 
(E) For election offenses covered by Article 44, except Section 447 (c) thereof, the 
23 
penalty shall be prision correccional in its maximum period.  
24 
The penalty of prision mayor in its minimum period shall be imposed upon any 
25 
person found guilty under Section 447 (c) without the benefit of the operation of 
26 
the Indeterminate Sentence Law.  If the offender is a public officer or a candidate, 
27 
the penalty shall be prision mayor in its medium period. In addition, the offender 
28 
shall be sentenced to suffer perpetual disqualification to hold public office and 
29 
deprivation of the right to vote.  
30 
(F) Any person found guilty of electoral sabotage, as defined under Article 45, 
31 
whether as a principal, accomplice, or accessory, shall be meted the penalty of 
32 
life imprisonment and shall be automatically perpetually disqualified from holding 
33 
public office and from exercising his or her right to suffrage. 
34 
(G) The penalty of arresto mayor in its maximum period shall be imposed upon any 
35 
person who is found guilty of violation any of the offenses covered by Article 46, 
36 
except for the offense under Section 453 thereof.  
37 
(H) The penalty of prision mayor in its minimum period shall be imposed upon any 
38 
person found guilty under Section 453 without the benefit of the operation of the 
39 


197 
 
Indeterminate Sentence Law.  If the offender is a public officer or a candidate, 
1 
the penalty shall be prision mayor in its medium period. In addition, the offender 
2 
shall be sentenced to suffer perpetual disqualification to hold public office and 
3 
deprivation of the right to vote. 
4 
(I) Any person found guilty of the election offense as defined under Articles 391 and 
5 
392, 2nd paragraph, shall pay a fine of Fifty thousand (Php 50,000.00) pesos to 
6 
the Commission. 
7 
SEC. 462.Disqualification. - Except in instances when the Code prescribes for 
8 
perpetual disqualification to hold public office and/or to exercise the right of suffrage, 
9 
any person who is convicted by final judgment of any election offense under this Code 
10 
shall be disqualified from holding public office and from exercising his or her right to 
11 
vote during the duration of his sentence and for five years thereafter. 
12 
SEC. 463.Use of information and communications technology. - The penalty 
13 
to be imposed for any of the offenses under this Chapter shall be one (1) degree 
14 
higher if the same was committed by, through or with the use of information and 
15 
communications technologies.  
16 
SEC. 464.Liability under other laws. -  A prosecution or conviction under this 
17 
Code shall be without prejudice to any liability for violation of any provision of the 
18 
Revised Penal Code, as amended, or special laws. 
19 
SEC. 465.Prescription. - The offense of electoral sabotage under Article 45 
20 
shall prescribe after twenty (20) years from the date of its commission. All other 
21 
election offenses under this Chapter shall prescribe after ten (10) years from the date 
22 
of their commission.  
23 
In all cases, if the discovery of the offense be made in an election contest 
24 
proceeding, the period of prescription shall commence on the date on which the 
25 
judgment in such proceedings becomes final and executory.  
26 
SEC. 466.Preferential disposition of election offenses. - The investigation and 
27 
prosecution of cases involving violations of the election laws shall be given preference 
28 
and priority by the Commission on Elections and prosecuting officials. Their 
29 
investigation shall be commenced without delay, and shall be resolved by the 
30 
investigating officer within five days from its submission for resolution. The courts 
31 
shall likewise give preference to election offenses over all other cases, except petitions 
32 
for the issuance of a temporary protection order in cases involving violence against 
33 
women and children, petitions for a Writ of Habeas Corpus or Writ of Amparo, and 
34 
such other cases which the Supreme Court shall deem very urgent. Their trial shall 
35 
likewise be commenced without delay, and shall be conducted continuously until 
36 
terminated. The case shall be decided within thirty days from its submission for 
37 
decision.  
38 


198 
 
SEC. 467.Arrest in connection with the election campaign. - No person shall 
1 
be arrested and/or detained at any time for any alleged offense committed during and 
2 
in connection with any election through any act or language tending to support or 
3 
oppose any candidate, political party or coalition of political parties under or pursuant 
4 
to any order of whatever name or nature and by whomsoever issued except only upon 
5 
a warrant of arrest issued by a competent judge after all the requirements of the 
6 
Constitution shall have been strictly complied with.   
7 
 
8 
CHAPTER XI 
9 
FINAL PROVISIONS 
10 
 
11 
Article 48 
12 
Transitory and Final Provisions 
13 
SEC. 468.Pending actions. - Pending actions and causes of action arising 
14 
before the effectivity of this Code shall be governed by the laws then in force. 
15 
SEC. 469. Designation of Other Dates for certain Pre-election Acts. - If it should 
16 
no longer be reasonably possible to observe the periods and dates prescribed by law 
17 
for certain pre-election acts, the Commission shall fix other periods and dates in order 
18 
to ensure accomplishment of the activities so voters shall not be deprived of their right 
19 
of suffrage.  
20 
SEC. 470.Separability clause. – Should any portion of this Code be declared 
21 
unconstitutional, the other subparagraphs, paragraphs, sections, articles, or chapters 
22 
not affected thereby shall remain valid and effective. 
23 
SEC. 471.Repealing clause. - All laws, decrees, orders, and issuances, or 
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portions thereof, which are inconsistent with the provisions of this Act, are hereby 
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repealed, amended, or modified accordingly. 
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SEC. 472. Effectivity. - This Code shall take effect thirty (30) days after its 
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publication in two daily newspapers of general circulation. 
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Approved, 
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