election law (chapters 5 - 9)
TRANSCRIPT
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CHAPTER V: CAMPAIGN AND EXPENDITURES
5.67 GENERALLY
• It shall be unlawful for any person to engage in an election
campaign or partisan political activity except during the campaign
period
o However, political parties may hold political conventions or
meetings to nominate their ocial candidates within (30)
days before campaign period and (!) days for "residential
and #ice$"residential election
• %ection & of 'rticle I of the onstitution provides that, *election
period shall commence (&0) days before the day of election and
shall end (30) days thereafter
• %ection +0 of the ode prohibits any election campaign or partisan
political activity outside the campaign period
• lection ampaign or "artisan "olitical 'ctivity - act designated to
promote the election or defeat of a particular candidate.s to a
public oce
• andidate - one who has /led his certi/cate of candidacy (/led on
any day not later than the day before the beginning of the election
period or campaign period)
• ngaging in partisan political activity in favor, or against, a person
who has not /led a is not prohibited
• %ection 1 of 2' 4115
Section 6. Nomination and Selection of Ocial Candidates. $ 6o
political convention or meeting for the nomination or selection of
the ocial candidates of any political party or organi7ation or
political groups or coalition thereof shall be held earlier than the
following periods5(a) 8or "resident, #ice$"resident and %enators, one hundred sixty$
/ve (41!) days before the day of the election9 and
(b) 8or :embers of the House of 2epresentatives and elective
provincial, city or municipal ocials, seventy$/ve (!) days
before the day of the election;
5.68 INTERVENTIN ! !REIGNERS
• 8oreigner, whether uence in any manner, or to contribute or ma=e any
expenditure in connection with any party
5.6" LA#!UL ELECTIN PRPAGANDA
• ?he following are lawful election propaganda5
Sec. 8$. @awful election propaganda; $ @awful election propaganda
shall include5
(a) "amphlets, lea>ets, cards, decals, stic=ers or other written or
printed materials of a si7e not more than eight and one$half inches
in width and fourteen inches in length9(b) Handwritten or printed letters urging voters to vote for or
against any particular candidate9
(c) loth, paper or cardboard posters, whether framed or posted,
with an area exceeding two feet by three feet, except that, at the
site and on the occasion of a public meeting or rally, or in
announcing the holding of said meeting or rally, streamers not
exceeding three feet by eight feet in si7e, shall be allowed5
"rovided, ?hat said streamers may not be displayed except one
wee= before the date of the meeting or rally and that it shall be
removed within seventy$two hours after said meeting or rally9 or
(d) 'll other forms of election propaganda not prohibited by thisode as the ommission may authori7e after due notice;
Re%&'(ic Act No. "))6
Section *. Lawful Election Propaganda. - lection propaganda,
whether on television, cable television, radio, newspapers or any other
medium is hereby allowed for all registered political parties, national,
regional, sectoral parties or organi7ations participating under the party
list elections and for all bona /de candidates see=ing national and local
elective positions sub
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Provided, ?hat said streamers may be displayed /ve (!) days
before the date of the meeting or rally and shall be removed within
twenty$four (A) hours after said meeting or rally9
3;; "aid advertisements in print or broadcast media5 Provided,
?hat the advertisements shall follow the reBuirements set forth in
%ection of this 'ct9 and
3;!; 'll other forms of election propaganda not prohibited by the
mnibus lection ode or this 'ct;Section +. Requirements for Publised or Printed and !roadcast Election
Propaganda. - ;4; 'ny newspaper, newsletter, newswee=ly, ga7ette or
maga7ine advertising, posters, pamphlets, comic boo=s, circulars,
handbills, bumper stic=ers, streamers, sample list of candidates or any
published or printed political matter and any broadcast of election
propaganda by television or radio for or against a candidate or group of
candidates to any public oce shall bear and be identi/ed by the
reasonably legible or audible words Cpolitical advertisement paid for,C
followed by the true and correct name and address of the candidate or
party for whose bene/t the election propaganda was printed or aired;
;A; If the broadcast is given free of charge by the radio or
television station, it shall be identi/ed by the words Cairtime for
this broadcast was provided free of charge byC followed by the true
and correct name and address of the broadcast entity;
;3; "rint, broadcast or outdoor advertisements donated to the
candidate or political party shall not be printed, published,
broadcast, or exhibited without the written acceptance by the said
candidate or political party; %uch written acceptance shall be
attached to the advertising contract and shall be submitted to the
:@ as provided in %ubsection 1;3; hereof;
Section 5. Election Surve"s. - !;4; lection surveys refer to the
measurement of opinions and perceptions of the voters as regards a
candidateDs popularity, Buali/cations, platforms or a matter of publicdiscussion in relation to the election, including votersD preference for
candidates or publicly discussed issues during the campaign period
(hereafter referred to as C%urveyC);
!;A; Euring the election period, any person, natural as well as
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1;A; (a) ach bona /de candidate or registered political party for a
nationally elective oce shall be entitled to not more than one
hundred twenty (4A0) minutes of television advertisement and one
hundred eighty (4+0) minutes of radio advertisement whether by
purchase or donation;
(b) ach bona /de candidate or registered political party
for a locally elective oce shall be entitled to not more
than sixty (10) minutes of television advertisement andninety (&0) minutes of radio advertisement whether by
purchase or
8or this purpose, the :@ shall reBuire any broadcast station
or entity to submit to the :@ a copy of its broadcast logs
and certi/cates of performance for the review and veri/cation of
the freBuency, date, time and duration of advertisements
broadcast for any candidate or political party;
1;3; 'll mass media entities shall furnish the :@ with a copy
of all contracts for advertising, promoting or opposing any political
party or the candidacy of any person for public oce within /ve (!)
days after its signing; In every case, it shall be signed by the
donor, the candidate concerned or by the duly authori7ed
representative of the political party;
1;; 6o franchise or permit to operate a radio or television stations
shall be granted or issued, suspended or cancelled during the
election period;
In all instances, the :@ shall supervise the use and
employment of press, radio and television facilities insofar or the
placement of political advertisements is concerned;
?he :@ shall ensure that radio or television or cable
television broadcasting entities shall not allow the scheduling of
any program or permit any sponsor to manifestly favor or oppose
any candidate or political party by unduly or repeatedly referring toor including said candidate and.or political party in such program
respecting, however, in all instances the right of said broadcast
entities to air accounts of signi/cant news or news worthy events
and views on matters of public interest;
1;!; 'll members of media, television, radio or print, shall
scrupulously report and interpret the news, ta=ing care not to
suppress essential facts or to distort the truth by omission or
improper emphasis; ?hey shall recogni7e the duty to air the other
side and the duty to correct substantive errors promptly;
1;1; 'ny mass media columnist, commentator, announcer,
reporter, on$air correspondent or personality who is a candidate for
any elective public oce or is a campaign volunteer for or
employed or retained in any capacity by any candidate or political
party shall be deemed resigned, if so reBuired by their employer,
or shall ta=e a leave of absence from his.her wor= as such during
the campaign period5 Provided& ?hat any media practitioner who is
an ocial of a political party or a member of the campaign staF of
a candidate or political party shall not use his.her time or space to
favor any candidate or political party;1;; 6o movie, cinematograph or documentary portraying the life
or biography of a candidate shall be publicly exhibited in a theater,
television station or any public forum during the campaign period;
1;+; 6o movie, cinematograph or documentary portrayed by an
actor or media personality who is himself a candidate shall be
publicly exhibited in a theater, television station or any public
forum during the campaign period;
Section 7. #rmative #ction b" te CO$ELEC. - ;4; "ursuant to %ections
&0 and &A of the mnibus lection ode (Gatas "ambansa Gldg; ++4), the
:@ shall procure the print space upon payment of
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scheduled within the tenth and eleventh wee= of the campaign
period;
?he sponsoring television or radio networ= may sell air$time for
commercials and advertisements to interested advertisers and sponsors;
?he :@ shall promulgate rules and regulations for the holding of
such debates;
Section 8. CO$ELEC Space and %ime. - ?he :@ shall procure shall
in at least one (4) newspaper of general circulation and air time in at leastone (4) ma
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o ontribution also includes the use of facilities voluntarily
donated by other persons, the money value of which can
be assessed based on the rates prevailing in the area
5.7, PRHI-ITED CNTRI-UTINS
Sec. "5. Proibited contributions. $ 6o contribution for purposes of
partisan political activity shall be made directly or indirectly by any
of the following5(a) "ublic or private /nancial institutions5 "rovided, however, ?hat
nothing herein shall prevent the ma=ing of any loan to a candidate
or political party by any such public or private /nancial institutions
legally in the business of lending money9
(b) 6atural and
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'ny provision of law to the contrary notwithstanding any contribution
in cash or in =ind to any candidate or political party or coalition of
parties for campaign purposes, duly reported to the ommission shall
not be sub
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triplicate and submitted together with the photocopy of his.her
overseas absentee voter certi/cate of registration;
44;A; very application to vote in absentia may be done personally
at, or by mail to, the embassy, consulate or foreign service
establishment, which has
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submit a report thereon to the Loint ongressional versight
ommittee;
Sec. ,7. #oting by :ail; -
4;4; 8or the :ay, A00 elections, the ommission shall authori7e
voting by mail in not more than three (3) countries, sub
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and reliable the erti/cates of anvass and the %tatements of
#otes to the ommission, and shall cause to preserve the same
immediately after the conclusion of the canvass, and ma=e it
available upon instructions of the ommission; ?he %pecial Goard
of anvassers shall also furnish the accredited mauence of the ommission;
4+;1; In the preparation of the /nal tally of votes on the results of
the national elections, the ommission shall ensure that the votes
canvassed by each and every country shall be re>ected as a
separate item from the tally of national votes; 8or purposes of this
'ct, the returns of every election for president and vice$president
prepared by the %pecial Goard of anvassers shall be deemed a
certi/cate of canvass of a city or province;
4+;; Nhere feasible, the counting and canvassing of votes shall be
automated; ?owards this end, the ommission is hereby authori7edto borrow, rent, lease or acBuire automated voting machines for
purposes of canvassing and counting of votes pursuant to the
provisions of this 'ct, and in accordance with the Implementing
2ules and 2egulations promulgated by the ommission;
6.78 CASTING ! VTES UNDER THE MNI-US ELECTIN CDE
O the board of election inspectors, composed of three teachers, supervises
the voting;
O voting on election day - to start at am in the morning and shall end at
3pm, except when there are voters present within thirty meters in front of
the polling place who have not yet cast their vote, in which case the voting
shall continue but only to allow said voters to cast without interruption;
"rocedure5
4; #oter to approach the chairman and give his name, address,
together with other data concerning the person;
A; In case of doubt as to the identity of the voter, the board of
election inspectors shall chec= his voterMs identi/cation card, or to
his photograph and signature in the voterMs application forregistration;
3; If the board is satis/ed with his identity, the chairman shall
announce the voterMs name in a loud voice;
; If no challenge, or if challenged was decided in his favor, voter
shall sign the voting record,
!; ?he chairman shall deliver to the voter one ballot correctly folded -
only chairman shall deliver and only one ballot shall be delivered at
any time;
1; ?he voter shall proceed to one of the empty voting booths and /ll
the ballot with his votes;
Illiterate or Eisabled :ay #ote
- will be assisted by a relative or by any person of his con/dence who
belongs to the same household, or any member of the board of election
inspectors;
$ the person assisting shall bind himself in a formal document under
oath to /ll out the ballot strictly in accordance with the instructions
of the voter and not to reveal the contents of the ballot prepared
by him
$ #iolation will be an lection Fense
6.7" CUNTING ! VTES
'fter voting is /nished - board of election inspectors shall publiclycount in the polling place the votes cast and ascertain the results
%hall complete everything before they ad
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written in words and /gures, the number of the precinct, the name of the
city or municipality and province, the total number of voters who voted in
the precinct and the date and time issued, and shall be signed and thumb
mar=ed by each member of the board;
Section ,7. Certi/cate of 0otes as Evidence. $ ?he provisions of %ections
A3! and A31 of Gatas "ambansa Glg; ++4 notwithstanding, the certi/cate
of votes shall be admissible in evidence to prove tampering, alteration,falsi/cation or any anomaly committed in the election returns concerned,
when duly authenticated by testimonial or documentary evidence
presented to the board of canvassers by at least two members of the board
of election inspectors who issued the certi/cate5 "rovided, ?hat failure to
present any certi/cate of votes shall be a bar to the presentation of other
evidence to impugn the authenticity of the election returns;
?rue 8unctions of a erti/cate of #ote5
4) to prevent or deter the members of the board of election
inspectors or other ocials from altering the statements because
they =now of the existence of such certi/cate
A) to advise the candidate de/nitely of the number of his votes, so
that in case the election statement submitted to the board of
canvassers does not tally with the certi/cate in his hands, he may
as= that the other authentic copy be used for the canvass
3) to serve as evidence of fraud in election protest and in subseBuent
prosecution of election oFenses against those liable therefore;
A. CANVASS AND PRCLAMATIN
6.8, -ARD ! CANVASSERS0 DUTY T PRCLAIM
anvass of election returns and certi/cates of canvass of votes is
underta=en by the boards of canvassers, which will ma=e the proclamationof the winning candidates of local and congressional candidates;
2efusal of board of canvassers to proclaim winning candidate or erroneous
proclamation of a candidate - election oFense
6.8$ ELECTINS RESULTING IN TIE
If there is a tie - drawing of lots of the candidates
6.8* #HERE THERE IS NLY NCE CANDIDATE IN A SPECIAL
ELECTIN
%ection A of 2' +A&! - the sole candidate is the winner
6.8+ CANVASS ! VTES !R SENATRS
%ection Aof 6 45 hairman and members of the commission on
lections sitting en banc shall be the 6ational Goard of anvassers in
the election of senators;
6.85 CANVASS ! VTES !R PRESIDENT AND VICE1PRESIDENT
ongress - board of canvassers of votes for "resident and #ice
"resident;%ection 30, 2' 4115 8unctions of ongress in the anvass of #otes for
"resident and #ice "resident;
Section *). Congress as te National !oard of Canvassers for te Election
of President and 0ice1President- 2etermination of #utenticit" and 2ue
E,ecution of Certi/cates of Canvass. $ ongress shall determine the
authenticity and due execution of the certi/cate of canvass for "resident
and #ice$"resident as accomplished and transmitted to it by the local
boards of canvassers, on a showing that5 (4) each certi/cate of canvass
was executed, signed and thumb mar=ed by the chairman and members of
the board of canvassers and transmitted or caused to be transmitted to
ongress by them9 (A) each certi/cate of canvass contains the names of all
of the candidates for "resident and #ice$"resident and their corresponding
votes in words and in /gures9 and (3) there exists no discrepancy in other
authentic copies of the certi/cate of canvass or discrepancy in the votes of
any candidate in words and /gures in the certi/cate;
Nhen the certi/cate of canvass, duly certi/ed by the board of canvassers
of each province, city or district, appears to be incomplete, the %enate
"resident shall reBuire the board of canvassers concerned to transmit by
personal delivery, the election returns from polling places that were not
included in the certi/cate of canvass and supporting statements; %aid
election returns shall be submitted by personal delivery within two (A) days
from receipt of notice;Nhen it appears that any certi/cate of canvass or supporting statement of
votes by precinct bears erasures or alterations which may cast doubt as to
the veracity of the number of votes stated therein and may aFect the
result of the election, upon reBuest of the "residential or #ice$"residential
candidate concerned or his party, ongress shall, for the sole purpose of
verifying the actual number of votes cast for "resident and #ice$"resident,
count the votes as they appear in the copies of the election returns
submitted to it;
6.86 PRCLAMATIN MUST -E THE RESULT ! !REE AND
HNEST ELECTIN
ANTONIO | BONDOC | FAJARDO | MACARAEG | PIMENTEL | SINGZON | TELAN 10
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Euty to ma=e a canvass is not deemed complied with until5
4) upon the completion of the canvass and separate statements of all
the votes received by the candidates shall have been made
A) the board of canvassers shall have proclaimed, in accordance with
said statements, who have been elected
proclamation of the candidates who won $ @ast 'ct necessary to complete
the election9 2esult of free, Honest, orderly election
1;+4 8ailure to assume oce proscribed
%ection 44 of mnibus ode - oce of any ocial elected who fails or
refuses to ta=e his oath of oce within six months from his proclamation
shall be considered vacant, unless said failure is for a cause or causes
beyond his control;
C23%te VII: Pe1Poc(343tion Contoeie
7.88 DE!INITIN
• 2efers to any of the following proceedings which are initiated
before the proclamation of winning candidates5o Puestions pertaining to or aFecting the proceedings of the
board of canvassers raised by any candidate or by any
registered political party or coalition of political parties
before the board or directly with the ommission ;g; :embers of Goard do not hold legal
appointments or are in fact usurperso Issues raised under %ecs; A3A, A3, A3!, and A31 of the
mnibus lection ode relating to the preparation,
transmission, receipt, custody, and appreciation of the
election returns and certi/cates of canvass brought in the
/rst instance before the board of canvassers only
(appealable to the :@ within + hours) numeration of grounds is restrictive and exclusive
• "urpose of a pre$proclamation controversy is to ascertain winner(s)
in the elections on the basis of the election returns duly
authenticated by the board of inspectors and admitted by the
board of canvassers
• ' pre$proclamation controversy is summary in nature to minimi7e
delay as little as possible;o Hence, Buestions involving the appreciation of the votes
and the conduct of the campaign and the balloting, which
reBuire more deliberate and necessarily longer
consideration, are left for examination in the corresponding
election protest
7.8" N PRE1PRC CASES IN ELECTINS !R PRESIDENT VP
AND MEM-ERS ! CNGRESS
• Jnder %ec; 4! of 2' 411 disallowed pre$proclamation cases
o Gut canvassing body motu proprio or upon written
complaint of interested persons have authority to correctmanifest errors in the cert; of canvass or election returns
before ito Puestions aFecting composition or proceedings of the
board of canvassers may be initiated in the board or
directly with :@o 'ny ob
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• :@ has no authority, in a pre$proc case, to annul the
proclamation of a candidate or suspend the proclamation or its
eFects w.o prior notice and hearing;
• A ways annulment proceedings may be initiated5
o wn initiative
o Nritten complaint
• %uspension of proclamation by :@ reBuires prior hearing, in
w.c the respondent is given notice and opportunity to present hisevidence, and that the complainantMs evidence of guilt of the
respondent is strong;
7."$ ISSUES ! PRE1PRC CNTRVERSY
• "roper issues that may be raised5
o Illegal composition or proceedings of the board of
canvasserso anvassed returns are incomplete, contain material
defects, appear to be tampered with or falsi/ed, or
contain discrepancies in the same returns or in other
authentic copies thereof (%ec; A33, A3, A3!, and A31
of the G)o lection returns were prepared under duress, threats,
coercion, or intimidation, or they are obviously
manufactured or not authentico %ubstitute or fraudulent returns in controverted polling
places were canvassed, the results of which materially
aFected the standing of the aggrieved candidate or
candidates
7."* PRE1PRC CNTRVERSY0 SCPE AND LIMITS
• %cope (see ;&A) is restrictive and exclusive
• 'll pre$proc controversies shall be disposed of summarily
(Goard $O :@, appellate
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any physical signs of tampering, alteration, or other similar
vice;
7."6 SPURIUS ! RETURNS MUST -E SH#N N !ACE !
RETURNS0 EXCEPTINS
• ?hat the election returns were obviously manufactured must be
evident from the face of said documents
•
'bsence of a strong evidence establishing spuriousness of thereturns, the basic rule that election returns shall be accorded
prima facie status as bona /de reports of the results of the count of
the votes for canvassing and proclamation must prevail;
• %trong evidence of spuriousness of the election returns, other than
the returns themselves, may be accepted to impugn the returns
7."7 MATERIAL DE!ECTS IN THE ELECTIN RETURNS
• Nhere the ob
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7.,)* REMEDY IN CASE ! MANI!EST ERRRS #HERE CANDIDATE
HAS -EEN PRCLAIMED
• andidate already proclaimedS 2emedy is a %etition to 3nn&(
t2e %oc(343tion. :@ will direct the board of canvassers
to reconvene and to ma=e the necessary corrections and on the
basis thereof proclaim the true winner
• Eiscrepancies between the votes in words./gures and taras.tallyS
?aras.tally prevails
7.,)+ CNTESTED ELECTIN RETURNS
• "re$proc cases are deemed terminated at the beginning of the term
of oce and the ruling of the board of canvassers is deemed /nal;
Gut this does not preclude the /ling of an election protest with the
:@; "re$proc cases should be disposed of at the end of
days;
• 'ny party /ling a pre$proc case should submit their oral and
written ob
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(4) ?hose which pertain to the casting and counting of votes and raise the
Buestion as to who received the ma
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However, such
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aspirant for the nomination or selection of
candidates;
e. T2e3t inti4i?3tion teoi4 &e o@ @3&?&(ent
?eice o ot2e @o4 o@ coecion.
a; ommitted by any person9
b; Nho, directly or indirectly, intimidates or actually
causes, in>icts or produces any violence, ine?
t2e3t etc. 2ic2 3tten?e? t2e %e%33tion o@ 3i?
et&n 4&t 23e 3ecte? t2e e>&(3it= o t2e
>en&inene o@ t2e contete? et&n.
@. Coecion o@ e(ection oci3( 3n? e4%(o=ee.
a; ommitted by any person9
b; Nho, directly or indirectly, threatens, intimidates,
terrori7es, or coerces,
c; 'ny election ocial or employee in the performance of
his election functions or duties;
>. A%%oint4ent o@ ne e4%(o=ee ce3tion o@ ne
%oition %o4otion o >iin> 3(3= ince3e it2in
t2e e(ection %eio?.
,.a; ommitted during the period of ! days before a
regular election and 30 days before a special election9
b; ommitted by any head, ocial or appointing ocer of
a government oce, agency, instrumentality, whether
national or local, including K9
i; Nho appoints or hires any new employee,
whether provisional, temporary, or cause or
creates and /lls any position "? upon prior
authority of the :@;
T2e Co44iion 23(( not >3nt t2e 3&t2oit=
o&>2t &n(e
4; It is satis/ed that the position to be /lled is
essential to the proper functioning of the
oce or agency concerned, and
A; ?he position shall not be /lled in a manner
that may in>uence the election;
"?I65 ' new employee may be appointed in case of
urgent need; In such case, notice of the appointment shall
be given to the ommission within three days from thedate of the appointment; 'ny appointment or hiring in
violation of this provision shall be null and void;
$; ommitted by any government ocial9
i; Nho promotes, or gives any increase of salary
or remuneration or privilege to any
government ocial or employee, including
those in K;
2. T3n@e o@ oce 3n? e4%(o=ee in t2e cii( eice
it2in t2e e(ection %eio?.
a; ommitted by any public ocial
b; Nho ma=es or causes any transfer or detail whatever
of any ocer or employee in the civil service including
public school teachers
c; Nithin the election period "? prior approval of the
:@;
(?he transfer or detail of a government ocer or employee will not
be penali7ed if done to promote eciency in the government
service;)
F To e(e4ent 4&t 'e et3'(i2e? to %oe io(3tion o@
t2e (3:
a; ?he fact of transfer or detail within the election period as
/xed by the :@9 and
b; %uch transfer or detail was eFected without prior approvalof the :@ in accordance with its implementing rules
and regulations;
i. Inteenin> o@ %&'(ic oce 3n? e4%(o=ee in t2e cii(
eice in 3n= %3ti3n %o(itic3( 3ctiit=.
a; ommitted by any ocer or employee in the civil
service, any ocer, employee, or member of the
'rmed 8orces of the "hilippines, or any police force,
special forces, home defense forces, barangay self$
defense units and all other para$military units that now
exist or which may hereafter be organi7ed, "?
those holding political oces9
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b; Nho directly or indirectly, intervenes in any election
campaign or engages in any partisan political activity
"? to vote or to preserve public order if he is a
peace ocer;
. Ue o@ &n?&e in&ence.
a; It is unlawful for any person
i; ?o promise any oce or employment, public or
private, or oFer to ma=e an expenditure,directly or indirectly, or to cause an
expenditure to be made to any person,
association or corporation or entity, which may
induce anyone or the public in general, either
ii; ?o vote or withhold his vote, or to vote for or
against any candidate in an election or any
aspirant for the nomination or selection of an
ocial candidate in a convention of a political
party;
b; It is unlawful for any person, association, corporation or
community
i; ?o solicit or receive, directly or indirectly any
expenditure or promise any of the foregoing
considerations;
. Un(3@&( e(ectioneein>.
a; It is unlawful to solicit votes or underta=e any
propaganda
b; n the day of the registration before the board of
election inspectors and on the day of the election9
c; 8or or against any candidate or any political party
within the polling place and within a radius of 30
meters thereof;
(. Di4i3( o@ e4%(o=ee (3'oe o ten3nt @o e@&in>o @3i(in> to ote @o 3n= c3n?i?3te.
a; 6o employee or laborer shall be dismissed, nor a
tenant be e3( e(e3e o %ione 'e@oe 3n? 3@te e(ection.
a; ommitted by the Eirector of the Gureau of
orrections, any provincial warden, the =eeper of the
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by its subdivisions, agencies or instrumentalities,
including K, or by the '8"9 or
c; 'ny eBuipment, vehicle, facility, apparatus, or
paraphernalia owned by the government or by its
political subdivisions, agencies, including K, or by
the '8" for any election campaign or for any partisan
political activity;
%. C3=in> ?e3?(= e3%on it2in t2e %o2i'ite? 3e3.a; ommitted by any person
b; Nho carries any deadly weapon in the polling place
and within the radius of 400 meters thereof during the
days and hours /xed by law for the registration of
voters in the polling place, voting, counting of votes, or
preparation of election returns;
c; However, in cases of aFray, turmoil or disorder, any
peace ocer or public ocer authori7ed by the
:@ to supervise the election is essential to carry
/rearms or any of other weapons for the purpose of
preserving order and enforcing the law;
d; ?o support conviction, it is not necessary that the
deadly weapon should have been sei7ed from the
accused while he was in the precinct or within a radius
of 400 meters there from; It is enough that the accused
carried the deadly weapon *in the polling place and
within a radius of 400 meters thereof;
. C3=in> Je34 o&ti?e t2e ei?ence o %(3ce o@
'&ine.
a; ommitted by any person who, although possessing
permits to carry /rearms9
b; arries any /rearms outside his residence or place of
business during the election periodc; J6@%% authori7ed in writing by the :@;
d; ' motor vehicle, water or aircraft shall not be
considered a residence or place of business or
extension hereof;
e; ?his prohibition %H'@@ 6? '""@U to cashiers and
disbursing ocers while in the performance of their
duties or to persons, who by nature of their ocial
duties, profession, business or occupation habitually
carry large sums of money or valuables;
. Ue o@ 34oe? (3n? e2ic(e 3te o 3ic3@t ?&in>
t2e c34%3i>n %eio?.
a; ommitted by any person
b; Euring the campaign period, on the day before and on
election day
c; Jses any armored land, water, or aircraft9
d; "rovided with any temporary or permanent eBuipment
or any other device or contraption for the mounting or
installation of canons, machine guns and other similar
high caliber /rearms, including military - type tan=s,half truc=s, scout truc=s, armored truc=s, of any ma=e
or model, whether new, reconditioned, rebuilt or
remodeled;
Gan=ing or /nancial institutions and all business /rms may use not
more than A armored vehicles strictly for, and limited to, the
purpose of transporting cash, gold bullion, or other valuables in
connection with their business from and to their place of business,
upon previous authority of the :@;
. #e3in> o@ &ni@o4 3n? 'e3in> 34 o&ti?e t2e
i44e?i3te icinit= o@ one %(3ce o@ o.
a; It is committed by any member or security or police
organi7ation of government agencies, commissions,
councils, bureaus, oces of K, or privately owned
or operated security, investigative, protective, or
intelligence agencies
i; Nho wears his uniform or uses his insignia,
decorations or regalia, or bears arms outside
the immediate vicinity of his place or wor=;
ii; Euring the campaign period, on the day before
and on election day9
iii; ?he prohibition shall not apply when said
member is in pursuit of a person who has
committed or is committing a crime in thepremises he is guarding9 or when escorting or
providing security for the transport of payrolls,
deposits, or other valuables9 or when guarding
the residence of private persons or when
guarding private residences, building, or
oces; ("rior written approval of the :@
shall be obtained; ?he ommission shall decide
all applications for authority within 4! days
from the date of the /ling of such application;)
b; ommitted by any member of the '8", special forces,
home defense forces, barangay self$defense units and
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all other para$military units that now exist or which
may hereafter be organi7ed
i; Nho wears his uniform or bears arms outside
the camp, garrison or barrac=s to which he is
assigned or detailed or outside their homes, in
case of para$military units, J6@%%5
4; ?he "resident of the "hilippines shall
have given previous authoritytherefore9 and
A; ?he :@ authori7es him to do so,
which authority it shall give only when
necessary to assist in maintaining free,
orderly and honest elections, and only
after due notice and hearing;
ii; Euring the same period, and ending 30 days
thereafter;
Euring the election period, whenever the ommission /nds it
necessary for the promotion of free, orderly, honest and peaceful
elections in a speci/c area, it shall con/scate or order the
con/scation if /rearms of any member or member of the '8",
police forces, home defense forces, barangay self$defense units,
and all other para$military units that, now exist, or which may
hereafter be organi7ed, or any member or members of the security
or police organi7ation of government departments, commissions,
councils, bureaus, oces, instrumentalities, or K and other
subsidiaries, or of any member or members of privately owned or
operated security, investigative, protective or intelligence agencies
performing identical or similar functions;
t. Actin> 3 'o?=>&3? o ec&it= in t2e c3e o@
%o(ice4en 3n? %oinci3( >&3? ?&in> t2e c34%3i>n
%eio?.a; Euring the campaign period, on the day before and on
election day9
b; It is committed by any member of the "6", the '8",
special forces, home defense forces, barangay self$
defense units, and any other para$military units that
now exist or which hereafter be organi7ed
c; Nho acts as bodyguard or security guard of any public
ocial, candidate or any other person, any of the latter
who utili7es the services of the former as bodyguard or
security guard;
d; 'fter due notice and hearing, when the life and security
of a candidate is in t2e e(ection
%eio?.
a; ommitted by any person who organi7es or maintains
a reaction force, stri=e force or similar forces during the
election period9
b; ?he heads of all reaction forces, stri=e forces, or similar
forces shall, not later ! days before the election;
%ubmit to the :@ a complete list of all members
thereof with such particulars as the ommission may
reBuire;
. Re(e3e ?i'&e4ent o eB%en?it&e o@ %&'(ic @&n?
?&in> t2e %o2i'ition %eio?.
a; ommitted by any public ocial or employee including
barangay ocials and those of K and their
subsidiaries9
b; Euring ! days before a regular election and 30 days
before a special election, releases, disburses or
expends any public funds for any and all =inds of public
wor=s,4; 'ny and all =inds of public wor=s, "?5
i; :aintenance of existing and.or completed
public wor=s pro
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ii; Nor= underta=en by contract through public
bidding held, or by negotiated contract
awarded, before the !$day period before
election; Nor= underta=en under the so$called
*ta=ay or *paBuiao system shall not be
considered as wor= by contract;
iii; "ayment for the usual cost of preparation for
wor=ing drawings, speci/cation, bills of materials, estimates, and other procedures
preparatory to actual construction including
the purchase of materials and eBuipment, and
all incidental expenses of wages of watchmen
and other laborers employed for such wor= in
the central oce and /led storehouses before
the beginning of such period; ?he number of
such laborers shall not be increased over the
number hired when the pro t2e %o2i'ition%eio?.
Euring the period of ! days preceding a regular election and 30
days before a special election, it is committed by any person who5
a; Jnderta=es the construction of any public wor=s,
except for pro t2e e(ection
%eio? it2o&t %io 3%%o3( o@ t2e CMELEC.
?he provisions of law to the contrary notwithstanding during
election period, it is committed by any public ocial whosuspends, without prior approval of the :@, any elective,
provincial, city, municipal or barangay ocer, unless said
suspension will be for purposes of applying the *'nti$Kraft and
orrupt "ractices 'ct in relation to the suspension and removal of
elective ocials;
=. Po2i'ition e(3tin> to e>it3tion o@ ote:
'ny person who5
i; Having all the Buali/cations and none of the disBuali/cations
of a voter who fails without
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aforementioned registration forms, or any person who
tampers with the /ngerprints of said registration records9
iv; 'ny member of the Goard of lection Inspectors who
approves any application which on its face shows that the
applicant does not possess all the Buali/cations prescribed
by law for a voter9 or who disapproves any application which
on its face shows that the applicant possesses all such
Buali/cations9v; Geing a registered voter, registers anew without /ling an
application for cancellation of his previous registration9
vi; 2egisters in substitution for another, whether with or without
the latterMs =nowledge or consent9
vii; ?ampers with or changes without authority any data or entry
in any voterMs application for registration9
viii; Eelays; Hinders or obstructs another from registering9
ix; 8alsely certi/es or identi/es another as a bona /de resident
of a particular place or locality for the purpose of securing
the latterMs registration as a voter9
x; Jses the voterMs adavit of another for the purpose of
voting, whether or not he actually succeeds in voting9xi; "laces, inserts or otherwise includes as approved application
for registration in the boo= of voters or in the provincial or
national central /les of registered voters, the application of
any /ctitious voter or any application that has not been
approved9 or removes from, or otherwise ta=es out of the
boo= of voters or the provincial or national central /les of
registered voters any duly approved voterMs application
"? upon unlawful order of the :@, or of a
competent court or after proper cancellation9
xii; ?ransfers or causes the transfer of the registration record of a
voter to the boo= of voters of another polling place, unlesssaid transfer was due to a change of address of the voter and
the voter was duly noti/ed of his new polling place9
xiii; 's=s, demands, ta=es accepts or possesses, directly or
indirectly, the voterMs adavit of another, in order to induce
the latter to withhold his vote, or to vote for or against any
candidate in an election or any issue in a plebiscite or
referendum; It shall be presumed prima facie that the as=ing,
demanding, ta=ing, accepting or possessing is with such
intent if done within the period beginning 40 days before the
election day and ending 40 days after the election day,
J6@%% the voterMs adavit of another and the latter are
both members of the same family;
xiv; Eelivers, hands over, entrusts, gives, directly or indirectly,
his voterMs adavit to another in consideration of money or
other bene/t or promises thereof, or ta=es or accepts such
voterMs adavit, directly or indirectly, by giving or causing
the giving of money or other bene/t or ma=ing or causing
the ma=ing of a promise thereof9xv; 'lters in any manner, tears, defaces, removes or destroys
any certi/ed list of voters9
xvi; ?a=es, carries or possesses any blan= or unused registration
form already issued to a city or municipality outside of said
city or municipality "? as otherwise provided in the
mnibus lection ode or when directed by express order of
the court or of the :@9 and
xvii; :aliciously omits, tampers or transfer to another list the
name of a registered voter from the ocial list of voters
posted outside the polling place;
K. Po2i'ition e(3tin> to otin>:
a; 'ny person who5
i; 8ails to cast his vote without
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viii; harged with the duty of reading the ballot during the
counting of votes whole deliberately omits to read the vote
duly written on the ballot or misreads the vote actually
written thereon or reads the name of a candidate where no
name is written on the ballot9
ix; harged with the duty of tallying the votes in the tally board
or sheet, election returns or other prescribed form who
deliberately fails to record a vote therein or recordserroneously the votes as read, or records a vote where no
such vote has been read by the chairman9
x; Nho has made possible the casting of more votes than there
are registered voters9
xi; 8or the purpose of disrupting or obstructing the election
process or causing confusion among the voters, propagates
false and alarming reports or information or transmits or
circulates false orders, directives or messages regarding any
matter relating to the printing of ocial ballots, the
postponement of the election, the transfer of polling place, or
the general conduct of the election9
xii; Nithout legal authority, destroys or substitutes or ta=e awayfrom the possession of those having legal custody thereof, or
from the place where they are legally deposited, any election
form or document or ballot box which contains ocial ballots
or other documents used in the election9
xiii; Having legal custody of the ballot box containing the ocial
ballots used in the election who opens or destroys said box
or removes or destroys its contents without or against the
order of the :@ or who, through his negligence,
enables any person to commit any of the acts, or ta=e away
said ballot box from his custody9
xiv; Nho =nowingly uses ballots other than the ocial ballots"? in those cases where the use of emergency ballots is
authori7ed9
xv; 'ny public ocial who neglects or fails to properly preserve
or account for any ballot box, documents, and other forms
received by him and =ept under his custody;
xvi; 2eveals the contents of the ballot of illiterate or disabled
voter whim he assisted in preparing a ballot9
xvii; Nithout authority, transfers the location of a polling place9
xviii; Nithout authority, prints or causes the printing of any ballot
or election returns that appears as ocial ballots or election
returns or who distributes or causes the same to be
distributed for use in the election, whether or not they are
actually used9
xix; Nithout authority, =eeps, uses or carries out or causes to be
=ept, used, or carried out any ocial ballot or election
returns or printed proof thereof, type from mould, electrotype
printing plates and any other plate, numbering machines and
other printing paraphernalia being used in connection with
the printing of ocial ballots or election returns9xx; 'ny ocial or employee of any printing establishment or the
ommission or any member of the committee in charge of
the printing of ocial ballots or election returns who causes
ocial ballots or elections returns to be printed in Buantities
exceeding those authori7ed by the ommission or who
distributes, delivers, or in any manner disposes of or causes
to be distributed, delivered, or disposed of, any ocial ballot
or election returns to any person or persons not authori7ed
by law or by the ommission to receive or =eep ocial
ballots or election returns or who sends or causes them to be
sent to any place not designated by law or by the
ommission;xxi; ?hrough any act, means pr device, violates the integrity of
any ocial ballot or election returns before or after they are
used in the election9
xxii; 2emoves, tears, defaces, or destroys any certi/ed list of
candidates posted inside the voting booths during the hours
of voting9
xxiii; Holds or causes the holding of an election on any other day
than that /xed by law or by the ommission, or stops any
election being legally held9 and
xxiv; Eeliberately blurs his /ngerprint in the voting record;
;33< Po2i'ition e(3tin> to c3n3in>:
a; 'ny chairman of the Goard of anvassers who fails to give due
notice of the date, time and place of the meeting of said board to
the candidates, political parties and.or members of the board9
b; 'ny member of the Goard of anvassers who
i; "roceeds with the canvass of votes and.or proclamation of
any candidate which was suspended or annulled by the
:@9
ii; "roceeds with the canvass of votes and.or proclamation of
any candidate in the absence of Buorum, or without giving
due notice of the date, time, and place of the meeting of the
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board of candidates, political parties, and.or other members
of the board9 and
iii; Nithout authority of the ommission, uses in the canvass of
votes and.or proclamation of any candidate any document
other than the ocial copy of the election returns;
;''< Co44on to 3(( 'o3? o@ e(ection in%ecto o 'o3? o@
c3n3e:• An= 4e4'e o@ 3n= 'o3? o@ e(ection in%ecto o 'o3? o@
c3n3e 2o:
a; Eeliberate absenting of oneself from their
meetings for the purpose of obstructing.delaying the performance
of its duties and functions
b; (without n
a; 'ny political party which holds political conventions or meetings to
nominate its ocial candidates earlier that the period /xed in this
ode;
• An= %eon 2o:
b; 'bstracts, destroys or cancels any certi/cate of candidacy duly
/led and which has not been cancelled upon order of the
ommission;
c; :isleads the board of election inspectors by submitting any false or
spurious certi/cate of candidacy or document to the pre
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o Nhen this happens, "6", '8", ther law enforcement agency
will be the bodyguards; Gut same reBuisites as with the T6o
8irearms ruleM (8ull uniform, etc)
o If ground for the need of security ceases, :@ will revo=e
authority granting such security;
".,$, CMELEC IS VESTED #ITH EXCLUSIVE AUTHRITY T
CNDUCT INVESTIGATIN.• NhyS :@ vested with the power of a %&'(ic %oec&to;
• It may also delegate such authority to any public prosecutor, but
always sub
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• Sec $66
o "rohibits arrest.detention of any person of election oFenses
without a warrant of arrest issued by a competent