UNIVERSITY OF SANTO TOMAS
APEL - GARGANTIEL PROVIS [PRELIMS]
I. ADMINISTRATIVE LAW
A. Administrative Bodies or Agencies
Section 2 (1), Book VII, E.O. No. 292
SECTION 2. Definitions. — As used in this Book:
(1) "Agency" includes any department, bureau, office,
commission, authority or officer of the National
Government authorized by law or executive order to make
rules, issue licenses, grant rights or privileges, and
adjudicate cases; research institutions with respect to
licensing functions; government corporations with respect
to functions regulating private right, privileges, occupation
or business; and officials in the exercise of disciplinary
power as provided by law.
(Administrative Code of 1987, Executive Order No. 292 ,
[July 25, 1987])
CHARTER
An act of legislature creating a business corporation, or
creating and defining the franchise of a corporation.
(Dissenting Opinion of J. Tinga in Rufino v. Endriga, G.R. Nos.
139554 & 139565, July 21, 2006, citing Black's Law
Dictionary, p. 236)
It is in the nature of a private contract. It is not a law
constituting a part of the machinery of the general
government. It was adopted after careful consideration of
the private rights of the plaintiff in relation with the
resultant benefits to the State. It stands upon a different
footing from the general law. When a charter is granted, it
constitutes a certain property right. Charters or special laws
. . . stand upon a different footing from general laws. Once
granted, a charter becomes a private contract and cannot be
altered nor amended except by consent of all concerned,
unless the right is expressly reserved. (Manila Railroad Co.
v. Rafferty, G.R. No. 14205, September 30, 1919, citing
Dartmouth College v. Woodword, 4 Wheat. 578) SITD
Section 3, R.A. No. 10149
SECTION 3. Definition of Terms. —
(a) Affiliate refers to a corporation fifty percent (50%) or
less of the outstanding capital stock of which is owned or
controlled, directly or indirectly, by the GOCC.
(b) Appointive Director refers to:
(1) In the case of chartered GOCCs, all members of its
Board of Directors/Trustees who are not ex officio
members thereof;
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(2) In the case of nonchartered GOCCs, members of its
Board of Directors/Trustees whom the State is entitled to
nominate, to the extent of its percentage shareholdings in
such GOCC; and
(3) In the case of subsidiaries and affiliates, members of its
Board of Directors/Trustees whom the GOCC is entitled to
nominate to the extent of its percentage shareholdings in
such subsidiary or affiliate.
(c) Board of Directors/Trustees or Board refers to the
governing body that exercises the corporate powers of a
GOCC.
(d) Breakthrough Results refer to the achievement of
corporate goals or other performance indicators as
determined by the GOCC or its supervising department.
(e) Charter Statement refers to a statement of the GOCC's
vision, mission and core values.
(f) Chartered GOCC refers to a GOCC, including
Government Financial Institutions, created and vested with
functions by a special law.
(g) Chief Executive Officer (CEO) refers to the highest
ranking corporate executive, who could be the President or
the General Manager, Chairman or the Administrator of a
GOCC.
(h) Department refers to an executive department created
by law. This shall include any instrumentality having or
assigned the rank of a department, regardless of its name or
designation. DTEcSa
(i) Ex Officio Board Member refers to any individual who
sits or acts as a member of the Board of Directors/Trustees
by virtue of one's title to another office, and without further
warrant or appointment.
(j) Fit and Proper Rule refers to the standard for
determining whether a member of the Board of
Directors/Trustees or CEO is fit and proper to hold a
position in a GOCC which shall include, but not be limited to,
standards on integrity, experience, education, training and
competence.
(k) Government Agency refers to any of the various units
of the Government of the Republic of the Philippines,
including a department, bureau, office, instrumentality or
GOCC, or a local government or a distinct unit therein.
(l) Government Corporate Governance Standards refer
to a set of principles derived from law and practices, rules
and standards prescribed by the Governance Commission
UNIVERSITY OF SANTO TOMAS
APEL - GARGANTIEL PROVIS [PRELIMS]
for Government-Owned or -Controlled Corporations (GCG)
that generate long-term and desirable economic value for
the State. It shall also refer to a system whereby
shareholders, creditors, and other stakeholders of a
corporation ensure that management enhances the value of
the corporation as it competes in an increasingly global
market place.
(m) Government Financial Institutions (GFIs) refer to
financial institutions or corporations in which the
government directly or indirectly owns majority of the
capital stock and which are either: (1) registered with or
directly supervised by the Bangko Sentral ng Pilipinas; or
(2) collecting or transacting funds or contributions from the
public and places them in financial instruments or assets
such as deposits, loans, bonds and equity including, but not
limited to, the Government Service Insurance System and
the Social Security System.
(n) Government Instrumentalities with Corporate
Powers (GICP)/Government Corporate Entities (GCE)
refer to instrumentalities or agencies of the government,
which are neither corporations nor agencies integrated
within the departmental framework, but vested by law with
special functions or jurisdiction, endowed with some if not
all corporate powers, administering special funds, and
enjoying operational autonomy usually through a charter
including, but not limited to, the following: the Manila
International Airport Authority (MIAA), the Philippine
Ports Authority (PPA), the Philippine Deposit Insurance
Corporation (PDIC), the Metropolitan Waterworks and
Sewerage System (MWSS), the Laguna Lake Development
Authority (LLDA), the Philippine Fisheries Development
Authority (PFDA), the Bases Conversion and Development
Authority (BCDA), the Cebu Port Authority (CPA), the
Cagayan de Oro Port Authority, the San Fernando Port
Authority, the Local Water Utilities Administration (LWUA)
and the Asian Productivity Organization (APO). TcSaHC
(o) Government-Owned or -Controlled Corporation
(GOCC) refers to any agency organized as a stock or
nonstock corporation, vested with functions relating to
public needs whether governmental or proprietary in
nature, and owned by the Government of the Republic of the
Philippines directly or through its instrumentalities either
wholly or, where applicable as in the case of stock
corporations, to the extent of at least a majority of its
outstanding capital stock: Provided, however, That for
purposes of this Act, the term "GOCC" shall include
GICP/GCE and GFI as defined herein.
(p) Nonchartered GOCC refers to a GOCC organized and
operating under Batas Pambansa Bilang 68, or "The
Corporation Code of the Philippines".
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(q) Officers refer to the corporate officers of the GOCC as
provided in its charter or bylaws, such as the CEO, Chief
Financial Officer, Chief Investment Officer, President, Vice
President, General Manager, Treasurer and Corporate
Secretary.
(r) Ownership Manuals refer to guidelines and rules
pertaining to the ownership by the State or corporations
and enterprises or the exercise of such ownership
governing the GOCCs or any classification thereof.
(s) Per Diems refer to the compensation granted to
members of the Board of Directors or Trustees of a GOCC for
actual attendance in meetings.
(t) Performance Evaluation System refers to the process
of appraising the accomplishments of GOCCs in a given fiscal
year based on set performance criteria, targets and weights.
(u) Performance Scorecard refers to a governance and
management tool forming part of the performance
evaluation system which consists of a set of measures,
targets and initiatives that facilitate the achievement of
breakthrough results and performance through the
effective and efficient monitoring and coordination of the
strategic objectives of the GOCC. aIDHET
(v) President refers to the President of the Republic of the
Philippines.
(w) Related Corporation refers to a subsidiary or affiliate
of a GOCC.
(x) Secretary refers to the person vested with the authority
and responsibility for the exercise of the mandate of the
Department, for the discharge of its powers and functions,
and who shall have supervision and control of the
Department.
(y) Strategy Map refers to an integrated set of strategic
choices or objectives drawn by the governing body, the
successful execution of which results in the achievement of
the GOCC's vision in relation to its mission or purpose for
having been created.
(z) Subsidiary refers to a corporation where at least a
majority of the outstanding capital stock is owned or
controlled, directly or indirectly, through one or more
intermediaries, by the GOCC.
||| (GOCC Governance Act of 2011, Republic Act No. 10149,
[June 6, 2011])
UNIVERSITY OF SANTO TOMAS
APEL - GARGANTIEL PROVIS [PRELIMS]
Sections 38 to 71, Book IV, E.O. 292
CHAPTER 7
Administrative Relationships
SECTION 38. Definition of Administrative Relationships.—
Unless otherwise expressly stated in the Code or in other
laws defining the special relationships of particular
agencies, administrative relationships shall be categorized
and defined as follows:
(1) Supervision and Control.—Supervision and control shall
include authority to act directly whenever a specific
function is entrusted by law or regulation to a subordinate;
direct the performance of duty; restrain the commission of
acts; review, approve, reverse or modify acts and decisions
of subordinate officials or units; determine priorities in the
execution of plans and programs; and prescribe standards,
guidelines, plans and programs. Unless a different meaning
is explicitly provided in the specific law governing the
relationship of particular agencies, the word “control” shall
encompass supervision and control as defined in this
paragraph.
(2) Administrative Supervision.—(a) Administrative
supervision which shall govern the administrative
relationship between a department or its equivalent and
regulatory agencies or other agencies as may be provided
by law, shall be limited to the authority of the department
or its equivalent to generally oversee the operations of such
agencies and to insure that they are managed effectively,
efficiently and economically but without interference with
day-to-day activities; or require the submission of reports
and cause the conduct of management audit, performance
evaluation and inspection to determine compliance with
policies, standards and guidelines of the department; to
take such action as may be necessary for the proper
performance of official functions, including rectification of
violations, abuses and other forms of maladministration;
and to review and pass upon budget proposals of such
agencies but may not increase or add to them;
(b) Such authority shall not, however, extend to: (1)
appointments and other personnel actions in accordance
with the decentralization of personnel functions under the
Code, except when appeal is made from an action of the
appointing authority, in which case the appeal shall be
initially sent to the department or its equivalent, subject to
appeal in accordance with law; (2) contracts entered into by
the agency in the pursuit of its objectives, the review of
which and other procedures related thereto shall be
governed by appropriate laws, rules and regulations; and
(3) the power to review, reverse, revise, or modify the
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decisions of regulatory agencies in the exercise of their
regulatory or quasi-judicial functions; and
(c) Unless a different meaning is explicitly provided in the
specific law governing the relationship of particular
agencies, the word “supervision” shall encompass
administrative supervision as defined in this paragraph.
(3) Attachment.—(a) This refers to the lateral relationship
between the department or its equivalent and the attached
agency or corporation for purposes of policy and program
coordination. The coordination may be accomplished by
having the department represented in the governing board
of the attached agency or corporation, either as chairman or
as a member, with or without voting rights, if this is
permitted by the charter; having the attached corporation
or agency comply with a system of periodic reporting which
shall reflect the progress of programs and projects; and
having the department or its equivalent provide general
policies through its representative in the board, which shall
serve as the framework for the internal policies of the
attached corporation or agency;
(b) Matters of day-to-day administration or all those
pertaining to internal operations shall be left to the
discretion or judgment of the executive officer of the agency
or corporation. In the event that the Secretary and the head
of the board or the attached agency or corporation strongly
disagree on the interpretation and application of policies,
and the Secretary is unable to resolve the disagreement, he
shall bring the matter to the President for resolution and
direction;
(c) Government-owned or controlled corporations attached
to a department shall submit to the Secretary concerned
their audited financial statements within sixty (60) days
after the close of the fiscal year; and
(d) Pending submission of the required financial
statements, the corporation shall continue to operate on the
basis of the preceding year’s budget until the financial
statements shall have been submitted. Should any
government-owned or controlled corporation incur an
operating deficit at the close of its fiscal year, it shall be
subject to administrative supervision of the department;
and the corporation’s operating and capital budget shall be
subject to the department’s examination, review,
modification and approval.
CHAPTER 8
UNIVERSITY OF SANTO TOMAS
APEL - GARGANTIEL PROVIS [PRELIMS]
CHAPTER 8
Supervision and Control
SECTION 39. Secretary’s Authority.—(1) The Secretary
shall have supervision and control over the bureaus, offices,
and agencies under him, subject to the following guidelines:
(a) Initiative and freedom of action on the part of
subordinate units shall be encouraged and promoted,
rather than curtailed, and reasonable opportunity to act
shall be afforded those units before control is exercised;
(b) With respect to functions involving discretion,
experienced judgment or expertise vested by law upon a
subordinate agency, control shall be exercised in
accordance with said law; and
(c) With respect to any regulatory function of an agency
subject to department control, the authority of the
department shall be governed by the provisions of Chapter
9 of this book.
(2) This Chapter shall not apply to chartered institutions or
government-owned or controlled corporations attached to
the department.
SECTION 40. Delegation of Authority.—The Secretary or
the head of an agency shall have authority over and
responsibility for its operation. He shall delegate such
authority to the bureau and regional directors as may be
necessary for them to implement plans and programs
adequately. Delegated authority shall be to the extent
necessary for economical, efficient and effective
implementation of national and local programs in
accordance with policies and standards developed by each
department or agency with the participation of the regional
directors. The delegation shall be in writing; shall indicate
to which officer or class of officers or employees the
delegation is made; and shall vest sufficient authority to
enable the delegate to discharge his assigned responsibility.
SECTION 41. Line Bureau Authority.—(1) Line bureaus of a
department shall exercise supervision and control over
their regional and other field offices. They shall be directly
responsible for the development and implementation of
plans and programs within their respective functional
specializations; and
(2) The regional and other field offices shall constitute the
operating arms of the bureau concerned for the direct
implementation of the plans and programs drawn up in
accordance with approved policies and standards. As
counterparts of the bureau in the region, they shall
undertake bureau operations within their respective
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jurisdictions, and be directly responsible to their bureau
director.
CHAPTER 9
Relationships of Government-Owned or Controlled
Corporations and Regulatory Agencies to the
Department
SECTION 42. Government-Owned or Controlled
Corporations.—Government-owned or controlled
corporations shall be attached to the appropriate
department with which they have allied functions, as
hereinafter provided, or as may be provided by executive
order, for policy and program coordination and for general
supervision provided in pertinent provisions of this Code.
In order to fully protect the interests of the government in
government-owned or controlled corporations, at least
one-third (1/3) of the members of the Boards of such
corporations should either be a Secretary, or
Undersecretary, or Assistant Secretary.
SECTION 43. Regulatory Agencies.—(1) A regulatory
agency shall be subject to the administrative supervision of
the department under which they are placed, except when
they are government corporations in which case they shall
be governed by the provisions of the preceding section;
(2) The heads of regulatory agencies shall submit annually,
for the approval of the Secretary concerned, their budgets
and work plans which shall be the basis of their day-to-day
operations; and
(3) The regulatory agencies may avail themselves of the
common auxiliary and management services of the
department as may be convenient and economical for their
operations
UNIVERSITY OF SANTO TOMAS
APEL - GARGANTIEL PROVIS [PRELIMS]
CHAPTER 10
Appointments and Qualifications
SECTION 44. Appointment of Secretaries.—The Secretaries
of Departments shall be appointed by the President with the
consent of the Commission on Appointments, at the
beginning of his term of office, and shall hold office, unless
sooner removed, until the expiration of his term of office, or
until their successors shall have been appointed and
qualified.
SECTION 45. Qualifications of Secretaries.—The
Secretaries shall be citizens of the Philippines and not less
than twenty-five years of age.
SECTION 46. Appointment of Undersecretaries and
Assistant Secretaries.—The Undersecretaries and Assistant
Secretaries of Department shall, upon the nomination of the
Secretary of the Department concerned, be appointed by
the President.
SECTION 47. Appointment to other Senior Positions and
their Equivalents.—Directors and Assistant Directors of
Bureaus, Regional and Assistant Regional Directors,
Department Service Chiefs, and their Equivalents shall be
appointed by the President in accordance with law, rules
and regulations.
SECTION 48. Disqualification of the Spouse and Relatives of
the President.—The spouse and relatives by consanguinity
or affinity within the fourth civil degree of the President
shall not during his tenure be appointed as Secretaries,
Undersecretaries, Chairmen or heads of bureaus or offices
including government-owned or controlled corporations
and their subsidiaries.
SECTION 49. Inhibitions Against Holding More than Two
Positions.—Even if allowed by law or by the primary
functions of his position, a member of the Cabinet,
undersecretary, assistant secretary or other appointive
official of the Executive Department may, in addition to his
primary position, hold not more than two positions in the
government and government-owned corporations and
receive the corresponding compensation therefor:
Provided, that this limitation shall not apply to ad hoc
bodies or committees, or to boards, councils or bodies of
which the President is the Chairman.
If a Secretary, Undersecretary, Assistant Secretary or other
appointive official of the Executive Department holds more
positions than what is allowed in the preceding paragraph,
he must relinquish the excess positions in favor of a
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subordinate official who is next in rank, but in no case shall
any official hold more than two positions other than his
primary position.
CHAPTER 11
CHAPTER 11
Administrative Issuances
SECTION 50. General Classification of Issuances.—The
administrative issuances of Secretaries and heads of
bureaus, offices or agencies shall be in the form of circulars
or orders.
(1) Circulars shall refer to issuances prescribing policies,
rules and regulations, and procedures promulgated
pursuant to law, applicable to individuals and organizations
outside the Government and designed to supplement
provisions of the law or to provide means for carrying them
out, including information relating thereto; and
(2) Orders shall refer to issuances directed to particular
offices, officials, or employees, concerning specific matters
including assignments, detail and transfer of personnel, for
observance or compliance by all concerned.
SECTION 51. Numbering System of Issuances.—Every
circular or order issued pursuant to the preceding section
shall properly be identified as such and chronologically
numbered. Each class of issuance shall begin with number 1
for each calendar year.
SECTION 52. Official Logbook.—Each department, bureau,
office or agency shall keep and preserve a logbook in which
shall be recorded in chronological order, all final official
acts, decisions, transactions or contracts, pertaining to the
department, bureau, office or agency. Whenever the
performance of an official act is in issue, the date and the
time record in the logbook shall be controlling. The logbook
shall be in the custody of the chief Administrative Officer
concerned and shall be open to the public for inspection.
SECTION 53. Government-wide Application of the
Classification of Issuances.—(1) The Records Management
and Archives Office in the General Services Administration
shall provide such assistance as may be necessary to effect
general adherence to the foregoing classification of
issuances, including the conduct of studies for developing
sub-classifications and guidelines to meet peculiar needs;
and
UNIVERSITY OF SANTO TOMAS
APEL - GARGANTIEL PROVIS [PRELIMS]
(2) All administrative issuances of a general or permanent
character shall be compiled, indexed and published
pursuant to the provisions of this Code.
CHAPTER 12
Miscellaneous Receipts
SECTION 54. Charges for Property Sold or Services
Rendered; Refunds.—(1) For services required by law to be
rendered for a fee, for supplies furnished, or articles of any
kind sold to other divisions of the government or to any
person, the head of bureau, office or agency may, upon
approval of the Secretary, charge and collect the cost of the
service, supplies, or articles or other rate in excess of cost
prescribed by law or approved by the same authority. For
local governments, the rate, except where otherwise
prescribed by law, shall be fixed at cost or at such other
reasonable rate in excess of cost by the boards or councils
concerned;
(2) The officer authorized to fix the amount to be paid for
service rendered and supplies or articles furnished or sold
may recommend that the whole or part of any sum so paid
be refunded, upon approval of the Commission on Audit.
SECTION 55. Disposition of Miscellaneous Bureau
Receipts.—In the absence of special provision, money
collected for property sold or service rendered, and all
other receipts or earnings of bureaus, offices, and agencies
not derived from taxation, shall accrue to the general
unappropriated funds of the National Government.
SECTION 56. Printing of Studies and Researches.—With the
approval of the Secretary, a bureau, office, or agency may
print its studies, researches and similar materials for
distribution at cost to the public. The Secretary may
authorize the printing or reprinting of the said materials by
private persons for sale to the public upon payment of such
royalties as may be fixed by him, which shall accrue to the
general fund.
CHAPTER 13
Contracts
SECTION 57. Conveyances and Contracts to which the
Government is a Party.—Any deed, instrument or contract
conveying the title to real estate or to any other property
the value of which does not exceed fifty million pesos
(P50,000,000) awarded through public bidding, and five
million pesos (P5,000,000) awarded through negotiation,
shall be executed and signed by the respective Secretary on
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behalf of the Government of the Philippines. Where the
value of the property exceeds the aforesaid ceilings, such
deed, instrument or contract shall be executed and signed
by the President of the Philippines on behalf of the
Government.
SECTION 58. Ceiling for Infrastructure Contracts.—The
following shall be the ceilings for all civil works,
construction and other contracts for infrastructure projects,
including supply contracts for said projects, awarded
through public bidding or through negotiation, which may
be approved by the Secretaries of Public Works and
Highways, Transportation and Communications, Local
Government with respect to Rural Road Improvement
Project, and governing boards of government-owned or
controlled corporations:
Save as provided for above, the approval ceilings assigned
to the departments/agencies involved in national
infrastructure and construction projects shall remain at the
levels provided in existing laws, rules and regulations.
SECTION 59. Contracts for Approval by the President.—
Contracts for infrastructure projects, including contracts for
the supply of materials and equipment to be used in said
projects, which involve amounts above the ceilings
provided in the preceding section shall be approved by the
President: Provided, That the President may, when
conditions so warrant, and upon recommendation of the
National Economic and Development Authority, revise the
aforesaid ceilings of approving authority.
SECTION 60. Approval of Consultancy Contracts.—All
purely consultancy contracts relating to infrastructure
projects, regardless of amount, shall be approved by the
Secretaries concerned, in accordance with the Guidelines on
the Hiring of Consultants to be promulgated by the National
Economic and Development Authority: Provided, That the
National Economic and Development Authority shall be
furnished by the departments, agencies or government
corporations concerned, copies of all consultancy contracts
entered into by them involving an amount in excess of P1
million for monitoring purposes.
UNIVERSITY OF SANTO TOMAS
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SECTION 61. Delegation of Authority to Governing Boards
of Government Corporations.—The Secretaries are
authorized to delegate to the governing boards of
government-owned or controlled corporations which are
attached to or are under the administrative supervision of
their respective departments, the authority to approve
contracts for infrastructure projects entered into by said
corporations involving amounts which are beyond the
ceiling provided for government corporations under
Section 57 hereof but which are within the approving
authority of the Secretaries under the said Section. In the
case of government corporations which are attached to or
under the Office of the President, the delegation shall be
made by the Executive Secretary.
SECTION 62. Public Bidding of Contracts; Exceptions.—As
a general rule, contracts for infrastructure projects shall be
awarded after open public bidding to bidders who submit
the lowest responsive/evaluated bids. Open Public Bidding
shall be conducted among prequalified contractors in
accordance with laws, rules and regulations not
inconsistent with the provisions of this Chapter. The award
of such contracts through negotiation shall only be allowed
by the Secretary or Governing Board of the Corporation
concerned within the limits as stated in Section 57 hereof in
the following cases:
a. In times of emergencies arising from natural calamities
where immediate action is necessary to prevent imminent
loss of life or property, in which case, direct negotiation or
simplified bidding may be undertaken;
b. Failure to award the contract after competitive public
bidding for valid cause or causes, in which case, simplified
bidding may be undertaken; and
c. Where the construction project covered by the contract is
adjacent or contiguous to an on-going project and it could
be economically prosecuted by the same contractor, in
which case, direct negotiation may be undertaken with the
said contractor at the same unit prices and contract
conditions, less mobilization costs, provided that he has no
negative slippage and has demonstrated a satisfactory
performance. Otherwise, the contract shall be awarded
through public bidding.
SECTION 63. Contracts for Community Employment and
Development Program Projects.—Contracts covering
projects under the Community Employment and
Development Program of the government shall be awarded
through open public bidding: Provided, That the invitation
to bid for the said projects shall be advertised at least once
within one week in a newspaper of local circulation within
the province where the project is situated, through posting
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of notices in the premises of the municipal/provincial office,
and through other forms of media, such as radio and
television: Provided, further, That the deadline for
submission of bids for projects costing not more than P1
million each may be shortened to one week after the date of
such invitation, posting of notices or advertisement through
other forms of media.
SECTION 64. Constitution of the Prequalification, Bids, and
Awards Committee.—Each department, office or agency
shall have in its head office or in its implementing offices a
Prequalification, Bids and Awards Committee which shall
be responsible for the conduct of prequalification of
contractors, biddings, evaluation of bids and recommending
awards of contracts. Each Prequalification, Bids and Awards
Committee shall be composed of the following:
a. A Chairman (regular) who should at least be a third
ranking official of the department/agency/implementing
Office;
b. An Executive Officer and Secretary (regular) who is a
Legal Officer of the department/office/implementing office;
c. A Technical Member (regular) to be designated by the
Secretary or the head of the office/agency/implementing
office;
d. Two members (provisional) with experience in the type
of project to be bidded and in project management, duly
designated by the Secretary or the head of the
office/implementing office on a project-to-project basis;
and
e. A representative from at least one of the following
organizations who shall be a non-voting member:
1. Philippine Institute of Civil Engineers
2. Philippine Contractors Association
3. National Confederation of Contractors Associations of the
Philippines, Inc.
4. Philippine Institute of Certified Public Accountants
The representation in the Prequalification, Bids and Awards
Committee of the above-mentioned private organizations
shall be made as follows:
UNIVERSITY OF SANTO TOMAS
APEL - GARGANTIEL PROVIS [PRELIMS]
1. During the prequalification stage, the representative to be
invited shall come from the Philippine Institute of Certified
Public Accountants; and
2. In the bidding, bid evaluation and award stages, a
representative each from the Philippine Institute of
Certified Public Accountants and from the Philippine
Contractors Association or the National Confederation of
Contractors Associations of the Philippines, Inc. shall be
invited as non-voting members of the Prequalification, Bids
and Awards Committee without prejudice to inviting
another representative/s from any of the other
organizations mentioned above.
SECTION 65. Approval of other types of Government
Contracts.—All other types of government contracts which
are not within the coverage of this Chapter shall, in the
absence of a special provision, be executed with the
approval of the Secretary or by the head of the bureau or
office having control of the appropriation against which the
contract would create a charge. Such contracts shall be
processed and approved in accordance with existing laws,
rules and regulations.
CHAPTER 14
Controversies Among Government Offices and
Corporations
SECTION 66. How Settled.—All disputes, claims and
controversies, solely between or among the departments,
bureaus, offices, agencies and instrumentalities of the
National Government, including government-owned or
controlled corporations, such as those arising from the
interpretation and application of statutes, contracts or
agreements, shall be administratively settled or adjudicated
in the manner provided in this Chapter. This Chapter shall,
however, not apply to disputes involving the Congress, the
Supreme Court, the Constitutional Commissions, and local
governments.
SECTION 67. Disputes Involving Questions of Law.—All
cases involving only questions of law shall be submitted to
and settled or adjudicated by the Secretary of Justice as
Attorney-General of the National Government and as ex
officio legal adviser of all government-owned or controlled
corporations. His ruling or decision thereon shall be
conclusive and binding on all the parties concerned.
SECTION 68. Disputes Involving Questions of Fact and
Law.—Cases involving mixed questions of law and of fact or
only factual issues shall be submitted to and settled or
adjudicated by:
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(1) The Solicitor General, if the dispute, claim or
controversy involves only departments, bureaus, offices
and other agencies of the National Government as well as
government-owned or controlled corporations or entities
of whom he is the principal law officer or general counsel;
and
(2) The Secretary of Justice, in all other cases not falling
under paragraph (1).
SECTION 69. Arbitration.—The determination of factual
issues may be referred to an arbitration panel composed of
one representative each of the parties involved and
presided over by a representative of the Secretary of Justice
or the Solicitor General, as the case may be.
SECTION 70. Appeals.—The decision of the Secretary of
Justice as well as that of the Solicitor General, when
approved by the Secretary of Justice, shall be final and
binding upon the parties involved. Appeals may, however,
be taken to the President where the amount of the claim or
the value of the property exceeds one million pesos. The
decision of the President shall be final.
SECTION 71. Rules and Regulations.—The Secretary of
Justice shall promulgate the rules and regulations necessary
to carry out the provisions of this Chapter.
1. QUASI-LEGISLATIVE POWER
Section 2 (2) & (4), Book VII, E.O. 292
(2) "Rule" means any agency statement of general
applicability that implements or interprets a law, fixes and
describes the procedures in, or practice requirements of, an
agency, including its regulations. The term includes
memoranda or statements concerning the internal
administration or management of an agency not affecting
the rights of, or procedure available to, the public.||| (
Administrative Code of 1987, Executive Order No. 292 , [July
25, 1987])
(4) "Rule making" means an agency process for the
formulation, amendment, or repeal of a rule.||| (
Administrative Code of 1987, Executive Order No. 292 , [July
25, 1987])
BOOK VII, E.O. 292
SECTION 2. Definitions.—As used in this Book: x x x
(9) “Adjudication” means an agency process for the
formulation of a final order. x x x
UNIVERSITY OF SANTO TOMAS
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SECTION 12. Rules of Evidence.—In a contested case:
(1) The agency may admit and give probative value to
evidence commonly accepted by reasonably prudent men in
the conduct of their affairs.
(2) Documentary evidence may be received in the form of
copies or excerpts, if the original is not readily available.
Upon request, the parties shall be given opportunity to
compare the copy with the original. If the original is in the
official custody of a public officer, a certified copy thereof
may be accepted.
(3) Every party shall have the right to cross-examine
witnesses presented against him and to submit rebuttal
evidence.
(4) The agency may take notice of judicially cognizable facts
and of generally cognizable technical or scientific facts
within its specialized knowledge. The parties shall be
notified and afforded an opportunity to contest the facts so
noticed.
SECTION 19. Appeal.—Unless otherwise provided by law
or executive order, an appeal from a final decision of the
agency may be taken to the Department head.
1987 Constitution
ARTICLE IX
Constitutional Commissions
A. COMMON PROVISIONS
Section 1. The Constitutional Commissions, which shall be
independent, are the Civil Service Commission, the
Commission on Elections, and the Commission on Audit.
Section 2. No member of a Constitutional Commission shall,
during his tenure, hold any other office or employment.
Neither shall he engage in the practice of any profession or
in the active management or control of any business which,
in any way, may be affected by the functions of his office, nor
shall he be financially interested, directly or indirectly, in
any contract with, or in any franchise or privilege granted
by the Government, any of its subdivisions, agencies, or
instrumentalities, including government-owned or
controlled corporations or their subsidiaries.
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Section. 3. The salary of the Chairman and the
Commissioners shall be fixed by law and shall not be
decreased during their tenure.
Section 4. The Constitutional Commissions shall appoint
their officials and employees in accordance with law.
Section 5. The Commission shall enjoy fiscal autonomy.
Their approved annual appropriations shall be
automatically and regularly released.
Section 6. Each Commission en banc may promulgate its
own rules concerning pleadings and practice before it or
before any of its offices. Such rules, however, shall not
diminish, increase, or modify substantive rights.
Section 7. Each Commission shall decide by a majority vote
of all its Members, any case or matter brought before it
within sixty days from the date of its submission for
decision or resolution. A case or matter is deemed
submitted for decision or resolution upon the filing of the
last pleading, brief, or memorandum required by the rules
of the Commission or by the Commission itself. Unless
otherwise provided by this Constitution or by law, any
decision, order, or ruling of each Commission may be
brought to the Supreme Court on certiorari by the
aggrieved party within thirty days from receipt of a copy
thereof.
Section 8. Each Commission shall perform such other
functions as may be provided by law.
B. THE CIVIL SERVICE COMMISSION
Section 1. (1) The civil service shall be administered by the
Civil Service Commission composed of a Chairman and two
Commissioners who shall be natural-born citizens of the
Philippines and, at the time of their appointment, at least
thirty-five years of age, with proven capacity for public
administration, and must not have been candidates for any
elective position in the elections immediately preceding
their appointment.
(2) The Chairman and the Commissioners shall be
appointed by the President with the consent of the
Commission on Appointments for a term of seven years
without reappointment. Of those first appointed, the
Chairman shall hold office for seven years, a Commissioner
for five years, and another Commissioner for three years,
without reappointment. Appointment to any vacancy shall
be only for the unexpired term of the predecessor. In no
case shall any Member be appointed or designated in a
temporary or acting capacity.
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Section 2. (1) The civil service embraces all branches,
subdivisions, instrumentalities, and agencies of the
Government, including government-owned or controlled
corporations with original charters.
(2) Appointments in the civil service shall be made only
according to merit and fitness to be determined, as far as
practicable, and, except to positions which are policy-
determining, primarily confidential, or highly technical, by
competitive examination.
(3) No officer or employee of the civil service shall be
removed or suspended except for cause provided by law.
(4) No officer or employee in the civil service shall engage,
directly or indirectly, in any electioneering or partisan
political campaign.
(5) The right to self-organization shall not be denied to
government employees.
(6) Temporary employees of the Government shall be given
such protection as may be provided by law.
Section 3. The Civil Service Commission, as the central
personnel agency of the Government, shall establish a
career service and adopt measures to promote morale,
efficiency, integrity, responsiveness, progressiveness, and
courtesy in the civil service. It shall strengthen the merit
and rewards system, integrate all human resources
development programs for all levels and ranks, and
institutionalize a management climate conducive to public
accountability. It shall submit to the President and the
Congress an annual report on its personnel programs.
Section 4. All public officers and employees shall take an
oath or affirmation to uphold and defend this Constitution.
Section 5. The Congress shall provide for the
standardization of compensation of government officials
and employees, including those in government-owned or
controlled corporations with original charters, taking into
account the nature of the responsibilities pertaining to, and
the qualifications required for, their positions.
Section 6. No candidate who has lost in any election shall,
within one year after such election, be appointed to any
office in the Government or any Government-owned or
controlled corporations or in any of their subsidiaries.
Section 7. No elective official shall be eligible for
appointment or designation in any capacity to any public
office or position during his tenure.
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Unless otherwise allowed by law or by the primary
functions of his position, no appointive official shall hold
any other office or employment in the Government or any
subdivision, agency or instrumentality thereof, including
Government-owned or controlled corporations or their
subsidiaries.
Section 8. No elective or appointive public officer or
employee shall receive additional, double, or indirect
compensation, unless specifically authorized by law, nor
accept without the consent of the Congress, any present,
emolument, office, or title of any kind from any foreign
government.
Pensions or gratuities shall not be considered as additional,
double, or indirect compensation.
C. THE COMMISSION ON ELECTIONS
Section 1. (1) There shall be a Commission on Elections
composed of a Chairman and six Commissioners who shall
be natural-born citizens of the Philippines and, at the time
of their appointment, at least thirty-five years of age,
holders of a college degree, and must not have been
candidates for any elective positions in the immediately
preceding elections. However, a majority thereof, including
the Chairman, shall be members of the Philippine Bar who
have been engaged in the practice of law for at least ten
years.
(2) The Chairman and the Commissioners shall be
appointed by the President with the consent of the
Commission on Appointments for a term of seven years
without reappointment. Of those first appointed, three
Members shall hold office for seven years, two Members for
five years, and the last Members for three years, without
reappointment. Appointment to any vacancy shall be only
for the unexpired term of the predecessor. In no case shall
any Member be appointed or designated in a temporary or
acting capacity.
Sec. 2. The Commission on Elections shall exercise the
following powers and functions:
(1) Enforce and administer all laws and regulations relative
to the conduct of an election, plebiscite, initiative,
referendum, and recall.
(2) Exercise exclusive original jurisdiction over all contests
relating to the elections, returns, and qualifications of all
elective regional, provincial, and city officials, and appellate
jurisdiction over all contests involving elective municipal
officials decided by trial courts of general jurisdiction, or
UNIVERSITY OF SANTO TOMAS
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involving elective barangay officials decided by trial courts
of limited jurisdiction.
Decisions, final orders, or rulings of the Commission on
election contests involving elective municipal and barangay
offices shall be final, executory, and not appealable.
(3) Decide, except those involving the right to vote, all
questions affecting elections, including determination of the
number and location of polling places, appointment of
election officials and inspectors, and registration of voters.
(4) Deputize, with the concurrence of the President, law
enforcement agencies and instrumentalities of the
Government, including the Armed Forces of the Philippines,
for the exclusive purpose of ensuring free, orderly, honest,
peaceful, and credible elections.
(5) Register, after sufficient publication, political parties,
organizations, or coalitions which, in addition to other
requirements, must present their platform or program of
government; and accredit citizens’ arms of the Commission
on Elections. Religious denominations and sects shall not be
registered. Those which seek to achieve their goals through
violence or unlawful means, or refuse to uphold and adhere
to this Constitution, or which are supported by any foreign
government shall likewise be refused registration.
Financial contributions from foreign governments and their
agencies to political parties, organizations, coalitions, or
candidates related to elections, constitute interference in
national affairs, and, when accepted, shall be an additional
ground for the cancellation of their registration with the
Commission, in addition to other penalties that may be
prescribed by law.
(6) File, upon a verified complaint, or on its own initiative,
petitions in court for inclusion or exclusion of voters;
investigate and, where appropriate, prosecute cases of
violations of election laws, including acts or omissions
constituting election frauds, offenses, and malpractices.
(7) Recommend to the Congress effective measures to
minimize election spending, including limitation of places
where propaganda materials shall be posted, and to prevent
and penalize all forms of election frauds, offenses,
malpractices, and nuisance candidates.
(8) Recommend to the President the removal of any officer
or employee it has deputized, or the imposition of any other
disciplinary action, for violation or disregard of, or
disobedience to, its directive, order, or decision.
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(9) Submit to the President and the Congress, a
comprehensive report on the conduct of each election,
plebiscite, initiative, referendum, or recall.
Section 3. The Commission on Elections may sit en banc or
in two divisions, and shall promulgate its rules of procedure
in order to expedite disposition of election cases, including
pre-proclamation controversies. All such election cases
shall be heard and decided in division, provided that
motions for reconsideration of decisions shall be decided by
the Commission en banc.
Section 4. The Commission may, during the election period,
supervise or regulate the enjoyment or utilization of all
franchises or permits for the operation of transportation
and other public utilities, media of communication or
information, all grants, special privileges, or concessions
granted by the Government or any subdivision, agency, or
instrumentality thereof, including any government-owned
or controlled corporation or its subsidiary. Such
supervision or regulation shall aim to ensure equal
opportunity, time, and space ,and the right to reply,
including reasonable, equal rates therefor, for public
information campaigns and forums among candidates in
connection with the objective of holding free, orderly,
honest, peaceful, and credible elections.
Section 5. No pardon, amnesty, parole, or suspension of
sentence for violation of election laws, rules, and
regulations shall be granted by the President without the
favorable recommendation of the Commission.
Section 6. A free and open party system shall be allowed to
evolve according to the free choice of the people, subject to
the provisions of this Article.
Section 7. No votes cast in favor of a political party,
organization, or coalition shall be valid, except for those
registered under the party-list system as provided in this
Constitution.
Section 8. Political parties, or organizations or coalitions
registered under the party-list system, shall not be
represented in the voters’ registration boards, boards of
election inspectors, boards of canvassers, or other similar
bodies. However, they shall be entitled to appoint poll
watchers in accordance with law.
Section 9. Unless otherwise fixed by the Commission in
special cases, the election period shall commence ninety
days before the day of election and shall end thirty days
thereafter.
UNIVERSITY OF SANTO TOMAS
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Section 10. Bona fide candidates for any public office shall
be free from any form of harassment and discrimination.
Section 11. Funds certified by the Commission as necessary
to defray the expenses for holding regular and special
elections, plebiscites, initiatives, referenda, and recalls,
shall be provided in the regular or special appropriations
and, once approved, shall be released automatically upon
certification by the Chairman of the Commission.
D. THE COMMISSION ON AUDIT
Section 1. (1) There shall be a Commission on Audit
composed of a Chairman and two Commissioners, who shall
be natural-born citizens of the Philippines and, at the time
of their appointment, at least thirty-five years of age,
Certified Public Accountants with not less than ten years of
auditing experience, or members of the Philippine Bar who
have been engaged in the practice of law for at least ten
years, and must not have been candidates for any elective
position in the elections immediately preceding their
appointment. At no time shall all Members of the
Commission belong to the same profession.
(2) The Chairman and the Commissioners shall be
appointed by the President with the consent of the
Commission on Appointments for a term of seven years
without reappointment. Of those first appointed, the
Chairman shall hold office for seven years, one
Commissioner for five years, and the other Commissioner
for three years, without reappointment. Appointment to
any vacancy shall be only for the unexpired portion of the
term of the predecessor. In no case shall any Member be
appointed or designated in a temporary or acting capacity.
Section 2. (1) The Commission on Audit shall have the
power, authority, and duty to examine, audit, and settle all
accounts pertaining to the revenue and receipts of, and
expenditures or uses of funds and property, owned or held
in trust by, or pertaining to, the Government, or any of its
subdivisions, agencies, or instrumentalities, including
government-owned or controlled corporations with
original charters, and on a post-audit basis: (a)
constitutional bodies, commissions and offices that have
been granted fiscal autonomy under this Constitution; (b)
autonomous state colleges and universities; (c) other
government-owned or controlled corporations and their
subsidiaries; and (d) such non-governmental entities
receiving subsidy or equity, directly or indirectly, from or
through the Government, which are required by law or the
granting institution to submit to such audit as a condition of
subsidy or equity. However, where the internal control
system of the audited agencies is inadequate, the
Commission may adopt such measures, including
temporary or special pre-audit, as are necessary and
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appropriate to correct the deficiencies. It shall keep the
general accounts of the Government and, for such period as
may be provided by law, preserve the vouchers and other
supporting papers pertaining thereto.
(2) The Commission shall have exclusive authority, subject
to the limitations in this Article, to define the scope of its
audit and examination, establish the techniques and
methods required therefor, and promulgate accounting and
auditing rules and regulations, including those for the
prevention and disallowance of irregular, unnecessary,
excessive, extravagant, or unconscionable expenditures or
uses of government funds and properties.
Section 3. No law shall be passed exempting any entity of
the Government or its subsidiaries in any guise whatever,
or any investment of public funds, from the jurisdiction of
the Commission on Audit.
Section 4. The Commission shall submit to the President and
the Congress, within the time fixed by law, an annual report
covering the financial condition and operation of the
Government, its subdivisions, agencies, and
instrumentalities, including government-owned or
controlled corporations, and non-governmental entities
subject to its audit, and recommend measures necessary to
improve their effectiveness and efficiency. It shall submit
such other reports as may be required by law.
ARTICLE XII
SECTION 20. The Congress shall establish an independent
central monetary authority, the members of whose
governing board must be natural-born Filipino citizens, of
known probity, integrity, and patriotism, the majority of
whom shall come from the private sector. They shall also be
subject to such other qualifications and disabilities as may
be prescribed by law. The authority shall provide policy
direction in the areas of money, banking, and credit. It shall
have supervision over the operations of banks and exercise
such regulatory powers as may be provided by law over the
operations of finance companies and other institutions
performing similar functions.
Until the Congress otherwise provides, the Central Bank of
the Philippines, operating under existing laws, shall
function as the central monetary authority.
UNIVERSITY OF SANTO TOMAS
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ARTICLE XIII
SECTION 18. The Commission on Human Rights shall have
the following powers and functions:
(1) Investigate, on its own or on complaint by any party, all
forms of human rights violations involving civil and political
rights;
(2) Adopt its operational guidelines and rules of procedure,
and cite for contempt for violations thereof in accordance
with the Rules of Court;
(3) Provide appropriate legal measures for the protection of
human rights of all persons within the Philippines, as well
as Filipinos residing abroad, and provide for preventive
measures and legal aid services to the underprivileged
whose human rights have been violated or need protection;
(4) Exercise visitorial powers over jails, prisons, or
detention facilities;
(5) Establish a continuing program of research, education,
and information to enhance respect for the primacy of
human rights;
(6) Recommend to the Congress effective measures to
promote human rights and to provide for compensation to
victims of violations of human rights, or their families;
(7) Monitor the Philippine Government's compliance with
international treaty obligations on human rights;
(8) Grant immunity from prosecution to any person whose
testimony or whose possession of documents or other
evidence is necessary or convenient to determine the truth
in any investigation conducted by it or under its authority;
(9) Request the assistance of any department, bureau,
office, or agency in the performance of its functions;
(10) Appoint its officers and employees in accordance with
law; and
(11) Perform such other duties and functions as may be
provided by law.
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2017 Revised Rules on Administrative Cases in the
Civil Service
SECTION 12. Rules of Evidence. — In a contested case:
(1) The agency may admit and give probative value to
evidence commonly accepted by reasonably prudent men in
the conduct of their affairs.
(2) Documentary evidence may be received in the form of
copies or excerpts, if the original is not readily available.
Upon request, the parties shall be given opportunity to
compare the copy with the original. If the original is in the
official custody of a public officer, a certified copy thereof
may be accepted.
(3) Every party shall have the right to cross-examine
witnesses presented against him and to submit rebuttal
evidence.
(4) The agency may take notice of judicially cognizable facts
and of generally cognizable technical or scientific facts
within its specialized knowledge. The parties shall be
notified and afforded an opportunity to contest the facts so
noticed.
Rule 133, Rules of Court
SECTION 5. Weight to be Given Opinion of Expert Witness,
How Determined. — In any case where the opinion of an
expert witness is received in evidence, the court has a wide
latitude of discretion in determining the weight to be given
to such opinion, and for that purpose may consider the
following:
(a) Whether the opinion is based upon sufficient facts or
data;
(b) Whether it is the product of reliable principles and
methods;
(c) Whether the witness has applied the principles and
methods reliably to the facts of the case; and
(d) Such other factors as the court may deem helpful to
make such determination. (n)
UNIVERSITY OF SANTO TOMAS
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a. Exhaustion of Administrative Remedies
RULE 65
Certiorari, Prohibition and Mandamus
Section 1. Petition for certiorari. — When any tribunal,
board or officer exercising judicial or quasi-judicial
functions has acted without or in excess its or his
jurisdiction, or with grave abuse of discretion amounting to
lack or excess of jurisdiction, and there is no appeal, or any
plain, speedy, and adequate remedy in the ordinary course
of law, a person aggrieved thereby may file a verified
petition in the proper court, alleging the facts with certainty
and praying that judgment be rendered annulling or
modifying the proceedings of such tribunal, board or officer,
and granting such incidental reliefs as law and justice may
require.
The petition shall be accompanied by a certified true copy
of the judgment, order or resolution subject thereof, copies
of all pleadings and documents relevant and pertinent
thereto, and a sworn certification of non-forum shopping as
provided in the third paragraph of section 3, Rule 46. (1a)
Section 2. Petition for prohibition. — When the proceedings
of any tribunal, corporation, board, officer or person,
whether exercising judicial, quasi-judicial or ministerial
functions, are without or in excess of its or his jurisdiction,
or with grave abuse of discretion amounting to lack or
excess of jurisdiction, and there is no appeal or any other
plain, speedy, and adequate remedy in the ordinary course
of law, a person aggrieved thereby may file a verified
petition in the proper court, alleging the facts with certainty
and praying that judgment be rendered commanding the
respondent to desist from further proceedings in the action
or matter specified therein, or otherwise granting such
incidental reliefs as law and justice may require.
The petition shall likewise be accompanied by a certified
true copy of the judgment, order or resolution subject
thereof, copies of all pleadings and documents relevant and
pertinent thereto, and a sworn certification of non-forum
shopping as provided in the third paragraph of section 3,
Rule 46. (2a)
Section 3. Petition for mandamus. — When any tribunal,
corporation, board, officer or person unlawfully neglects
the performance of an act which the law specifically enjoins
as a duty resulting from an office, trust, or station, or
unlawfully excludes another from the use and enjoyment of
a right or office to which such other is entitled, and there is
no other plain, speedy and adequate remedy in the ordinary
course of law, the person aggrieved thereby may file a
verified petition in the proper court, alleging the facts with
certainty and praying that judgment be rendered
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commanding the respondent, immediately or at some other
time to be specified by the court, to do the act required to be
done to protect the rights of the petitioner, and to pay the
damages sustained by the petitioner by reason of the
wrongful acts of the respondent.
The petition shall also contain a sworn certification of non-
forum shopping as provided in the third paragraph of
section 3, Rule 46. (3a)
Section 4. When and where petition filed. — The petition
shall be filed not later than sixty (60) days from notice of the
judgment, order or resolution. In case a motion for
reconsideration or new trial is timely filed, whether such
motion is required or not, the sixty (60) day period shall be
counted from notice of the denial of said motion.
The petition shall be filed in the Supreme Court or, if it
relates to the acts or omissions of a lower court or of a
corporation, board, officer or person, in the Regional Trial
Court exercising jurisdiction over the territorial area as
defined by the Supreme Court. It may also be filed in the
Court of Appeals whether or not the same is in aid of its
appellate jurisdiction, or in the Sandiganbayan if it is in aid
of its appellate jurisdiction. If it involves the acts or
omissions of a quasi-judicial agency, unless otherwise
provided by law or these Rules, the petition shall be filed in
and cognizable only by the Court of Appeals.
No extension of time to file the petition shall be granted
except for compelling reason and in no case exceeding
fifteen (15) days. (4a) (Bar Matter No. 803, 21 July 1998;
A.M. No. 00-2-03-SC)
Section 5. Respondents and costs in certain cases. — When
the petition filed relates to the acts or omissions of a judge,
court, quasi-judicial agency, tribunal, corporation, board,
officer or person, the petitioner shall join, as private
respondent or respondents with such public respondent or
respondents, the person or persons interested in sustaining
the proceedings in the court; and it shall be the duty of such
private respondents to appear and defend, both in his or
their own behalf and in behalf of the public respondent or
respondents affected by the proceedings, and the costs
awarded in such proceedings in favor of the petitioner shall
be against the private respondents only, and not against the
judge, court, quasi-judicial agency, tribunal, corporation,
board, officer or person impleaded as public respondent or
respondents.
Unless otherwise specifically directed by the court where
the petition is pending, the public respondents shall not
appear in or file an answer or comment to the petition or
UNIVERSITY OF SANTO TOMAS
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any pleading therein. If the case is elevated to a higher court
by either party, the public respondents shall be included
therein as nominal parties. However, unless otherwise
specifically directed by the court, they shall not appear or
participate in the proceedings therein. (5a)
Section 6. Order to comment. — If the petition is sufficient
in form and substance to justify such process, the court shall
issue an order requiring the respondent or respondents to
comment on the petition within ten (10) days from receipt
of a copy thereof. Such order shall be served on the
respondents in such manner as the court may direct
together with a copy of the petition and any annexes
thereto.
In petitions for certiorari before the Supreme Court and the
Court of Appeals, the provisions of section 2, Rule 56, shall
be observed. Before giving due course thereto, the court
may require the respondents to file their comment to, and
not a motion to dismiss, the petition. Thereafter, the court
may require the filing of a reply and such other responsive
or other pleadings as it may deem necessary and proper.
(6a)
Section 7. Expediting proceedings; injunctive relief. — The
court in which the petition is filed may issue orders
expediting the proceedings, and it may also grant a
temporary restraining order or a writ of preliminary
injunction for the preservation of the rights of the parties
pending such proceedings. The petition shall not interrupt
the course of the principal case unless a temporary
restraining order or a writ of preliminary injunction has
been issued against the public respondent from further
proceeding in the case. (7a)
Section 8. Proceedings after comment is filed. — After the
comment or other pleadings required by the court are filed,
or the time for the filing thereof has expired, the court may
hear the case or require the parties to submit memoranda.
If after such hearing or submission of memoranda or the
expiration of the period for the filing thereof the court finds
that the allegations of the petition are true, it shall render
judgment for the relief prayed for or to which the petitioner
is entitled.
The court, however, may dismiss the petition if it finds the
same to be patently without merit, prosecuted manifestly
for delay, or that the questions raised therein are too
unsubstantial to require consideration. (8a)
Section 9. Service and enforcement of order or judgment. —
A certified copy of the judgment rendered in accordance
with the last preceding section shall be served upon the
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court, quasi-judicial agency, tribunal, corporation, board,
officer or person concerned in such manner as the court
may direct, and disobedience thereto shall be punished as
contempt. An execution may issue for any damages or costs
awarded in accordance with section 1 of Rule 39. (9a)
i. Doctrine of Prior Resort
(Doctrine of Primary Administrative Jurisdiction)
The thrust of the rule on exhaustion of administrative
remedies is that courts must allow administrative agencies
to carry out their functions and discharge their
responsibilities within the specialized areas of their
respective competence. To this end, administrative
agencies are afforded a chance to correct any previous error
committed in its forum. Furthermore, reasons of law,
comity, and convenience prevent the courts from
entertaining cases proper for determination by
administrative agencies.||| (Delos Reyes v. Flores, G.R. No.
168726 (Resolution), [March 5, 2010], 628 PHIL 170-181)
II. LAW ON PUBLIC OFFICERS
A. Public Office
Section 1, Article XI, 1987 Constitution
SECTION 1. Public office is a public trust. Public officers and
employees must at all times be accountable to the people,
serve them with utmost responsibility, integrity, loyalty,
and efficiency, act with patriotism and justice, and lead
modest lives.||| (The 1987 Constitution, [February 2, 1987])
B. Public Officers
Art. 203, Revised Penal Code
Art. 203. Who are public officers. — For the purpose of
applying the provisions of this and the preceding titles of
this book, any person who, by direct provision of the law,
popular election or appointment by competent authority,
shall take part in the performance of public functions in the
Government of the Philippine Islands, of shall perform in
said Government or in any of its branches public duties as
an employee, agent or subordinate official, of any rank or
class, shall be deemed to be a public officer.
UNIVERSITY OF SANTO TOMAS
APEL - GARGANTIEL PROVIS [PRELIMS]
ANTI-GRAFT AND CORRUPT PRACTICES ACT
R.A. 3019
Section 2.
(b) "Public officer" includes elective and appointive
officials and employees, permanent or temporary, whether
in the classified or unclassified or exempt service receiving
compensation, even nominal, from the government as
defined in the preceding subparagraph.||| (Anti-Graft and
Corrupt Practices Act, Republic Act No. 3019, [August 17,
1960])
AN ACT DEFINING AND PENALIZING THE CRIME OF
PLUNDER, R.A. 7080
Section 1.
(a) Public Officer means any person holding any public
office in the Government of the Republic of the Philippines
by virtue of an appointment, election or contract.
Code of Conduct and Ethical Standards
for Public Officials and Employees
R.A. 6713
Section 2.
(b) "Public Officials" includes elective and appointive
officials and employees, permanent or temporary, whether
in the career or non-career service, including military and
police personnel, whether or not they receive
compensation, regardless of amount
1. Qualifications
1987 CONSTITUTION
ARTICLE VI
SECTION 3. No person shall be a Senator unless he is a
natural-born citizen of the Philippines, and, on the day of
the election, is at least thirty-five years of age, able to read
and write, a registered voter, and a resident of the
Philippines for not less than two years immediately
preceding the day of the election.
SECTION 6. No person shall be a Member of the House of
Representatives unless he is a natural-born citizen of the
Philippines and, on the day of the election, is at least twenty-
five years of age, able to read and write, and, except the
party-list representatives, a registered voter in the district
in which he shall be elected, and a resident thereof for a
period of not less than one year immediately preceding the
day of the election.
ARTICLE VII
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EXECUTIVE DEPARTMENT
SECTION 2. No person may be elected President unless he
is a natural-born citizen of the Philippines, a registered
voter, able to read and write, at least forty years of age on
the day of the election, and a resident of the Philippines for
at least ten years immediately preceding such election.
SECTION 3. There shall be a Vice-President who shall have
the same qualifications and term of office and be elected
with and in the same manner as the President. He may be
removed from office in the same manner as the President.
The Vice-President may be appointed as a Member of the
Cabinet. Such appointment requires no confirmation.
ARTICLE VIII
JUDICIAL DEPARTMENT
SECTION 7. (1) No person shall be appointed Member of
the Supreme Court or any lower collegiate court unless he
is a natural-born citizen of the Philippines. A Member of the
Supreme Court must be at least forty years of age, and must
have been for fifteen years or more a judge of a lower court
or engaged in the practice of law in the Philippines.
(2) The Congress shall prescribe the qualifications of judges
of lower courts, but no person may be appointed judge
thereof unless he is a citizen of the Philippines and a
member of the Philippine Bar.
(3) A Member of the Judiciary must be a person of proven
competence, integrity, probity, and independence.
ARTICLE IX-B
THE CIVIL SERVICE COMMISSION
SECTION 1. (1) The Civil Service shall be administered by
the Civil Service Commission composed of a Chairman and
two Commissioners who shall be natural-born citizens of
the Philippines and, at the time of their appointment, at
least thirty-five years of age, with proven capacity for public
administration, and must not have been candidates for any
elective position in the elections immediately preceding
their appointment.
(2) The Chairman and the Commissioners shall be
appointed by the President with the consent of the
Commission on Appointments for a term of seven years
without reappointment. Of those first appointed, the
Chairman shall hold office for seven years, a Commissioner
for five years, and another Commissioner for three years,
without reappointment. Appointment to any vacancy shall
be only for the unexpired term of the predecessor. In no
case shall any Member be appointed or designated in a
temporary or acting capacity.
UNIVERSITY OF SANTO TOMAS
APEL - GARGANTIEL PROVIS [PRELIMS]
ARTICLE IX-C
COMMISSION ON ELECTIONS
SECTION 1. (1) There shall be a Commission on Elections
composed of a Chairman and six Commissioners who shall
be natural-born citizens of the Philippines and, at the time
of their appointment, at least thirty-five years of age,
holders of a college degree, and must not have been
candidates for any elective position in the immediately
preceding elections. However, a majority thereof, including
the Chairman, shall be Members of the Philippine Bar who
have been engaged in the practice of law for at least ten
years.
(2) The Chairman and the Commissioners shall be
appointed by the President with the consent of the
Commission on Appointments for a term of seven years
without reappointment. Of those first appointed, three
Members shall hold office for seven years, two Members for
five years, and the last Members for three years, without
reappointment. Appointment to any vacancy shall be only
for the unexpired term of the predecessor. In no case shall
any Member be appointed or designated in a temporary or
acting capacity.
ARTICLE IX-D
COMMISSION ON AUDIT
SECTION 1. (1) There shall be a Commission on Audit
composed of a Chairman and two Commissioners, who shall
be natural-born citizens of the Philippines and, at the time
of their appointment, at least thirty-five years of age,
certified public accountants with not less than ten years of
auditing experience, or members of the Philippine Bar who
have been engaged in the practice of law for at least ten
years, and must not have been candidates for any elective
position in the elections immediately preceding their
appointment. At no time shall all Members of the
Commission belong to the same profession.
(2) The Chairman and the Commissioners shall be
appointed by the President with the consent of the
Commission on Appointments for a term of seven years
without reappointment. Of those first appointed, the
Chairman shall hold office for seven years, one
Commissioner for five years, and the other Commissioner
for three years, without reappointment. Appointment to
any vacancy shall be only for the unexpired portion of the
term of the predecessor. In no case shall any Member be
appointed or designated in a temporary or acting capacity.
ARTICLE XI
ACCOUNTABILITY OF PUBLIC OFFICERS
SECTION 8. The Ombudsman and his Deputies shall be
natural-born citizens of the Philippines, and at the time of
their appointment, at least forty years old, of recognized
probity and independence, and members of the Philippine
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Bar, and must not have been candidates for any elective
office in the immediately preceding election. The
Ombudsman must have for ten years or more been a judge
or engaged in the practice of law in the Philippines.
During their tenure, they shall be subject to the same
disqualifications and prohibitions as provided for in Section
2 of Article IX-A of this Constitution.
a. Disqualifications & Inhibitions
1987 CONSTITUTION
ARTICLE VII
EXECUTIVE DEPARTMENT
SECTION 6. The President shall have an official residence.
The salaries of the President and Vice-President shall be
determined by law and shall not be decreased during their
tenure. No increase in said compensation shall take effect
until after the expiration of the term of the incumbent
during which such increase was approved. They shall not
receive during their tenure any other emolument from the
Government or any other source.||| (The 1987 Constitution,
[February 2, 1987])
SECTION 13. The President, Vice-President, the Members
of the Cabinet, and their deputies or assistants shall not,
unless otherwise provided in this Constitution, hold any
other office or employment during their tenure. They shall
not, during said tenure, directly or indirectly, practice any
other profession, participate in any business, or be
financially interested in any contract with, or in any
franchise, or special privilege granted by the Government or
any subdivision, agency, or instrumentality thereof,
including government-owned or controlled corporations or
their subsidiaries. They shall strictly avoid conflict of
interest in the conduct of their office.
The spouse and relatives by consanguinity or affinity within
the fourth civil degree of the President shall not during his
tenure be appointed as members of the Constitutional
Commissions, or the Office of the Ombudsman, or as
Secretaries, Undersecretaries, chairmen or heads of
bureaus or offices, including government-owned or
controlled corporations and their subsidiaries.
ARTICLE VI
LEGISLATIVE DEPARTMENT
SECTION 13. No Senator or Member of the House of
Representatives may hold any other office or employment
in the Government, or any subdivision, agency, or
instrumentality thereof, including government-owned or
controlled corporations or their subsidiaries, during his
term without forfeiting his seat. Neither shall he be
appointed to any office which may have been created or the
emoluments thereof increased during the term for which he
was elected.
UNIVERSITY OF SANTO TOMAS
APEL - GARGANTIEL PROVIS [PRELIMS]
SECTION 14. No Senator or Member of the House of
Representatives may personally appear as counsel before
any court of justice or before the Electoral Tribunals, or
quasi-judicial and other administrative bodies. Neither shall
he, directly or indirectly, be interested financially in any
contract with, or in any franchise or special privilege
granted by the Government, or any subdivision, agency, or
instrumentality thereof, including any government-owned
or controlled corporation, or its subsidiary, during his term
of office. He shall not intervene in any matter before any
office of the Government for his pecuniary benefit or where
he may be called upon to act on account of his office.
ARTICLE VIII
JUDICIAL DEPARTMENT
SECTION 12. The Members of the Supreme Court and of
other courts established by law shall not be designated to
any agency performing quasi-judicial or administrative
functions.|
ARTICLE IX-A
CONSTITUTIONAL COMMISSIONS
SECTION 2. No Member of a Constitutional Commission
shall, during his tenure, hold any other office or
employment. Neither shall he engage in the practice of any
profession or in the active management or control of any
business which in any way be affected by the functions of
his office, nor shall he be financially interested, directly or
indirectly, in any contract with, or in any franchise or
privilege granted by the Government, any of its
subdivisions, agencies, or instrumentalities, including
government-owned or controlled corporations or their
subsidiaries.
ARTICLE XI
ACCOUNTABILITY OF PUBLIC OFFICERS
SECTION 8. The Ombudsman and his Deputies shall be
natural-born citizens of the Philippines, and at the time of
their appointment, at least forty years old, of recognized
probity and independence, and members of the Philippine
Bar, and must not have been candidates for any elective
office in the immediately preceding election. The
Ombudsman must have for ten years or more been a judge
or engaged in the practice of law in the Philippines.
During their tenure, they shall be subject to the same
disqualifications and prohibitions as provided for in Section
2 of Article IX-A of this Constitution.
SECTION 11. The Ombudsman and his Deputies shall serve
for a term of seven years without reappointment. They shall
not be qualified to run for any office in the election
immediately succeeding their cessation from office.
SECTION 16. No loan, guaranty, or other form of financial
accommodation for any business purpose may be granted,
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directly or indirectly, by any government-owned or
controlled bank or financial institution to the President, the
Vice-President, the Members of the Cabinet, the Congress,
the Supreme Court, and the Constitutional Commissions,
the Ombudsman, or to any firm or entity in which they have
controlling interest, during their tenure.
ARTICLE IX-B
CIVIL SERVICE COMMISSION
SECTION 1. (1) The Civil Service shall be administered by
the Civil Service Commission composed of a Chairman and
two Commissioners who shall be natural-born citizens of
the Philippines and, at the time of their appointment, at
least thirty-five years of age, with proven capacity for public
administration, and must not have been candidates for any
elective position in the elections immediately preceding
their appointment.
(2) The Chairman and the Commissioners shall be
appointed by the President with the consent of the
Commission on Appointments for a term of seven years
without reappointment. Of those first appointed, the
Chairman shall hold office for seven years, a Commissioner
for five years, and another Commissioner for three years,
without reappointment. Appointment to any vacancy shall
be only for the unexpired term of the predecessor. In no
case shall any Member be appointed or designated in a
temporary or acting capacity.
SECTION 2. (1) The civil service embraces all branches,
subdivisions, instrumentalities, and agencies of the
Government, including government-owned or controlled
corporations with original charters.
(2) Appointments in the civil service shall be made only
according to merit and fitness to be determined, as far as
practicable, and, except to positions which are policy-
determining, primarily confidential, or highly technical, by
competitive examination.
(3) No officer or employee of the civil service shall be
removed or suspended except for cause provided by law.
(4) No officer or employee in the civil service shall engage,
directly or indirectly, in any electioneering or partisan
political campaign.
(5) The right to self-organization shall not be denied to
government employees.
(6) Temporary employees of the Government shall be given
such protection as may be provided by law.
SECTION 6. No candidate who has lost in any election shall,
within one year after such election, be appointed to any
office in the Government or any government-owned or
controlled corporations or in any of their subsidiaries.
UNIVERSITY OF SANTO TOMAS
APEL - GARGANTIEL PROVIS [PRELIMS]
SECTION 7. No elective official shall be eligible for
appointment or designation in any capacity to any public
office or position during his tenure.
Unless otherwise allowed by law or by the primary
functions of his position, no appointive official shall hold
any other office or employment in the Government or any
subdivision, agency or instrumentality thereof, including
government-owned or controlled corporations or their
subsidiaries.
SECTION 8. No elective or appointive public officer or
employee shall receive additional, double, or indirect
compensation, unless specifically authorized by law, nor
accept without the consent of the Congress, any present,
emolument, office, or title of any kind from any foreign
government.
Pensions or gratuities shall not be considered as additional,
double, or indirect compensation.
ARTICLE IX-C
COMMISSION ON ELECTIONS
Section 1. x x x
(2) The Chairman and the Commissioners shall be
appointed by the President with the consent of the
Commission on Appointments for a term of seven years
without reappointment. Of those first appointed, three
Members shall hold office for seven years, two Members for
five years, and the last Members for three years, without
reappointment. Appointment to any vacancy shall be only
for the unexpired term of the predecessor. In no case shall
any Member be appointed or designated in a temporary or
acting capacity.
ARTICLE IX-D
COMMISSION ON AUDIT
Section 1. x x x
(2) The Chairman and the Commissioners shall be
appointed by the President with the consent of the
Commission on Appointments for a term of seven years
without reappointment. Of those first appointed, the
Chairman shall hold office for seven years, one
Commissioner for five years, and the other Commissioner
for three years, without reappointment. Appointment to
any vacancy shall be only for the unexpired portion of the
term of the predecessor. In no case shall any Member be
appointed or designated in a temporary or acting capacity.
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Rule 137, Rules of Court
Section 1. Disqualification of judges. — No judge or
judicial officer shall sit in any case in which he, or his wife
or child, is pecuniarily interested as heir, legatee, creditor
or otherwise, or in which he is related to either party within
the sixth degree of consanguinity or affinity, or to counsel
within the fourth degree, computed according to the rules
of the civil law, or in which he has been executor,
administrator, guardian, trustee or counsel, or in which he
has been presided in any inferior court when his ruling or
decision is the subject of review, without the written
consent of all parties in interest, signed by them and entered
upon the record.
A judge may, in the exercise of his sound discretion,
disqualify himself from sitting in a case, for just or valid
reasons other than those mentioned above.
Section 2. Objection that judge disqualified, how made
and effect. — If it be claimed that an official is disqualified
from sitting as above provided, the party objecting to his
competency may, in writing, file with the official his
objection, stating the grounds therefor, and the official shall
thereupon proceed with the trial, or withdraw therefrom, in
accordance with his determination of the question of his
disqualification. His decision shall be forthwith made in
writing and filed with the other papers in the case, but no
appeal or stay shall be allowed from, or by reason of, his
decision in favor of his own competency, until after final
judgment in the case.
Rule 138, Rules of Court
Section 35. Certain attorneys not to practice. — No judge
or other official or employee of the superior courts or of the
Office of the Solicitor General, shall engage in private
practice as a member of the bar or give professional advice
to clients.
LOCAL GOVERNMENT CODE OF 1991
R.A. 7160
SECTION 89. Prohibited Business and Pecuniary
Interest. — (a) It shall be unlawful for any local
government official or employee, directly or indirectly, to:
(1) Engage in any business transaction with the
local government unit in which he is an official or
employee or over which he has the power of
supervision, or with any of its authorized boards,
officials, agents, or attorneys, whereby money is to
be paid, or property or any other thing of value is
to be transferred, directly or indirectly, out of the
resources of the local government unit to such
person or firm;
UNIVERSITY OF SANTO TOMAS
APEL - GARGANTIEL PROVIS [PRELIMS]
(2) Hold such interests in any cockpit or other
games licensed by a local government unit;
(3) Purchase any real estate or other property
forfeited in favor of such local government unit for
unpaid taxes or assessment, or by virtue of a legal
process at the instance of the said local government
unit;
(4) Be a surety for any person contracting or doing
business with the local government unit for which
a surety is required; and
(5) Possess or use any public property of the local
government unit for private purposes.
(b) All other prohibitions governing the conduct of national
public officers relating to prohibited business and
pecuniary interest so provided for under Republic Act
Numbered Sixty-Seven Thirteen (R.A. No. 6713) otherwise
known as the "Code of Conduct and Ethical Standards for
Public Officials and Employees" and other laws shall also be
applicable to local government officials and employees.
SECTION 90. Practice of Profession. — (a) All governors,
city and municipal mayors are prohibited from practicing
their profession or engaging in any occupation other than
the exercise of their functions as local chief executives.
(b) Sanggunian members may practice their professions,
engage in any occupation, or teach in schools except during
session hours: Provided, That sanggunian members who
are also members of the Bar shall not:
(1) Appear as counsel before any court in any civil
case wherein a local government unit or any office,
agency, or instrumentality of the government is the
adverse party;
(2) Appear as counsel in any criminal case wherein
an officer or employee of the national or local
government is accused of an offense committed in
relation to his office.
(3) Collect any fee for their appearance in
administrative proceedings involving the local
government unit of which he is an official; and
(4) Use property and personnel of the government
except when the sanggunian member concerned is
defending the interest of the government.
(c) Doctors of medicine may practice their profession even
during official hours of work only on occasions of
emergency: Provided, That the officials concerned do not
derive monetary compensation therefrom.
E.O. 292, BOOK V
SECTION 56. Additional or Double Compensation. — No
elective or appointive public officer or employee shall
receive additional or double compensation unless
specifically authorized by law nor accept without the
consent of the President, any present, emolument, office, or
title of any kind from any foreign state.
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Pensions and gratuities shall not be considered as
additional, double or indirect compensation.
2. COMMENCEMENT OF OFFICIAL RELATIONSHIP
a. APPOINTMENT
Civil Service Decree of the Philippines
P.D. 807
ARTICLE I
TITLE
Section 1. This Decree shall be known as the Civil Service
Decree of the Philippines.
ARTICLE II
DECLARATION OF POLICY
Section 2. It shall be the policy of the State to insure and
promote the Constitutional mandate that appointment in
the Civil Service shall be made only according to merit and
fitness, to provide within the public service a progressive
system of personnel administration, and to adopt measures
to promote morale and the highest degree of responsibility,
integrity, loyalty, efficiency, and professionalism in the Civil
Service; that the Civil Service Commission shall be the
central personnel agency to set standards and to enforce the
laws and rules governing the selection, utilization, training
and discipline of civil servants; that a public office is a public
trust and public officers shall serve with the highest degree
of responsibility, integrity, loyalty and efficiency and shall
remain accountable to the people; and that action on
personnel matters shall be decentralized, with the different
departments and other offices or agencies of the
government delegating to their regional offices or other
similar units, powers and functions.
ARTICLE III
DEFINITION OF TERMS
Section 3. As used in this Decree, the following shall be
construed thus:
(a) Agency means any bureau, office, commission,
administration, board, committee, institute,
corporation, whether performing governmental or
proprietary function, or any other unit of the
National Government, as well as provincial, city or
municipal government, except as hereinafter
otherwise provided.
UNIVERSITY OF SANTO TOMAS
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(b) Appointing officer is the person or body
authorized by law to make appointments in the
Philippine Civil Service.
(c) Class includes all positions in the government
service that are sufficiently similar as to duties and
responsibilities and require similar qualifications
that can be given the same title and salary and for
all administrative and compensation purposes, be
treated alike.
(d) Commission refers to the Civil Service
Commission.
(e) Chairman refers to the Chairman of the
Commission.
(f) Commissioner refers either of the two other
members of the Commission.
(g) Department includes any of the executive
departments or entities having the category of a
department including the judiciary, Commission on
Elections and Commission on Audit.
(h) Eligible refers to a person who obtains a passing
grade in a civil service examination or is granted a
civil service eligibility and whose name is entered
in the register of eligibles.
(i) Examination refers to a civil service
examination conducted by the Commission and its
regional offices or by other departments or
agencies with the assistance of the Commission, or
in coordination or jointly with it, and those that it
may delegate to departments and agencies
pursuant to this Decree, or those that may have
been delegated by law.
(j) Form refers to those prescribed by the Civil
Service Commission.
ARTICLE IV
SCOPE OF THE CIVIL SERVICE
Section 4. Position Embraced in the Civil Service. The Civil
Service embraces every branch, agency, subdivision, and
instrumentality of the government, including every
government-owned or controlled corporations whether
performing governmental or proprietary function.
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Positions in the Civil Service shall be classified into career
service and non-career service.
Section 5. The Career Service shall be characterized by (1)
entrance based on merit and fitness to be determined as far
as practicable by competitive examinations, or based on
highly technical qualifications; (2) opportunity for
advancement to higher career positions; and (3) security of
tenure.
The Career Service shall include:
1. Open Career positions for appointment to which
prior qualification in an appropriate examination is
required;
2. Closed Career positions which are scientific or
highly technical in nature; these include the faculty
and academic staff of state colleges and
universities, and scientific and technical positions
in scientific or research institutions which shall
establish and maintain their own merit systems;
3. Positions in the Career Executive Service;
namely, Undersecretary, Assistant Secretary,
Bureau Director, Assistant Bureau Director,
Regional Director, Assistant Regional Director,
Chief of Department Service and other officers of
equivalent rank as may be identified by the Career
Executive Service Board, all of whom are appointed
by the President;
4. Career officers, other than those in the Career
Executive Service, who are appointed by the
President, such as the Foreign Service Officers in
the Department of Foreign Affairs;
5. Commissioned officers and enlisted men of the
Armed Forces which shall maintain a separate
merit system;
6. Personnel of government-owned or controlled
corporations, whether performing governmental
or proprietary functions, who do not fall under the
non-career service; and
7. Permanent laborers, whether skilled, semi-
skilled, or unskilled.
Section 6. The Non-Career Service shall be characterized by
(1) entrance on bases other than those of the usual tests of
merit and fitness utilized for the career service; and (2)
tenure which is limited to a period specified by law, or
UNIVERSITY OF SANTO TOMAS
APEL - GARGANTIEL PROVIS [PRELIMS]
which is coterminous with that of the appointing authority
or subject to his pleasure, or which is limited to the duration
of a particular project for which purpose employment was
made.
The Non-Career Service shall include:
1. Elective officials and their personal or
confidential staff;
2. Department Heads and other officials of Cabinet
rank who hold positions at the pleasure of the
President and their personal or confidential
staff(s);
3. Chairman and members of commissions and
boards with fixed terms of office and their personal
or confidential staff;
4. Contractual personnel or those whose
employment in the government is in accordance
with a special contract to undertake a specific work
or job, requiring special or technical skills not
available in the employing agency, to be
accomplished within a specific period, which in no
case shall exceed one year, and performs or
accomplishes the specific work or job, under his
own responsibility with a minimum of direction
and supervision from the hiring agency; and
5. Emergency and seasonal personnel.
Section 7. Classes of Positions in the Career Service.
(a) Classes of positions in the career service
appointment to which requires examinations shall
be grouped into three major level as follows:
1. The first level shall include clerical,
trades, crafts, and custodial service
positions which involve non-professional
or subprofessional work in a non-
supervisory or supervisory capacity
requiring less than four years of collegiate
studies;
2. The second level shall include
professional, technical, and scientific
positions which involve professional,
technical, or scientific work in a non-
supervisory or supervisory capacity
requiring at least four years of college
work up to Division Chief level; and
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3. The third level shall cover positions in
the Career Executive Service.
(b) Except as herein otherwise provided, entrance
to the first two levels shall be through competitive
examinations, which shall be open to those inside
and outside the service who meet the minimum
qualification requirements. Entrance to a higher
level does not require previous qualification in the
lower level. Entrance to the third level shall be
prescribed by the Career Executive Service Board.
(c) Within the same level, no civil service
examination shall be required for promotion to a
higher position in one or more related occupational
groups. A candidate for promotion should,
however, have previously passed the examination
for that level.
ARTICLE V
ORGANIZATION AND FUNCTIONS
Section 8. Composition of the Civil Service Commission.
(a) An independent Civil Service Commission,
hereinafter referred to as the Commission is
hereby established composed of a Chairman and
two Commissioners, who shall be responsible for
the effective discharge of the functions of the
Commission. They shall be appointed by the
President for a term of seven years without
reappointment. Of the Commissioners first
appointed, one shall hold office for seven years,
another for five years, and the third for three years:
Provided, That appointment to any vacancy shall
be only for the unexpired portion of the term of the
predecessors.
(b) To be eligible for appointment as Chairman or
Commissioners, a person should be a natural born
citizen of the Philippines, at least thirty-five years
of age at the time of appointment, a holder of a
college degree and must not have been a candidate
for any elective position in the election
immediately preceding his appointment.
(c) The Chairman and each Commissioner shall
receive an annual compensation of sixty thousand
pesos and fifty thousand pesos which shall not be
decreased during their continuance in office:
Provided, That no member of the Commission shall,
during his tenure in office, engage in the practice of
any profession or in the management of any
UNIVERSITY OF SANTO TOMAS
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business, or be financially interested directly or
indirectly in any contract with, or in any franchise
or privilege granted by, the Government, or any
subdivision, agency or instrumentality thereof,
including government-owned or controlled
corporations.
Section 9. Powers and Functions of the Commission. The
Commission shall administer the Civil Service and shall
have the following powers and functions:
(a) Administer and enforce the constitutional and
statutory provisions on the merit system;
(b) Prescribe, amend and enforce suitable rules
and regulations for carrying into effect the
provisions of this Decree. These rules and
regulations shall become effective thirty days after
publication in the Official Gazette or in any
newspaper of general circulation;
(c) Promulgate policies, standards, and guidelines
for the Civil Service and adopt plans and programs
to promote economical, efficient, and effective
personnel administration in the government; and
prescribe all forms for publications, examinations,
appointments, reports, records, and such other
forms as may be required under this Decree;
(d) Advise the President on all matters involving
personnel management in the government service
and assist in the improvement of personnel units
and programs in the department and agencies;
(e) Appoint its personnel and exercise overall
supervision and control over the activities of the
Commission;
(f) Supervise and coordinate the conduct of civil
service examinations being administered by the
departments concerned as provided for under
Paragraph 5, Article III, Chapter II, Part III of the
Integrated Reorganization Plan;
(g) Provide leadership and assistance in
formulating, administering, and evaluating
programs relative to the development and
retention of a competent and efficient work force in
the public service;
(h) Approve all appointments, whether original or
promotional, to positions in the civil service, except
those of presidential appointees, members of the
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Armed Forces of the Philippines, police forces,
firemen, and jailguards, and disapprove those
where the appointees do not possess the
appropriate eligibility or required qualifications.
An appointment shall take effect immediately upon
issue by the appointing authority if the appointee
assumes his duties immediately and shall remain
effective until it is disapproved by the Commission,
if this should take place, without prejudice to the
liability of the appointing authority for
appointments issued in violation of existing laws or
rules: Provided, finally, That the Commission shall
keep a record of appointments of all officers and
employees in the civil service. All appointments
requiring the approval of the Commission as herein
provided, shall be submitted to it by the appointing
authority within thirty days from issuance,
otherwise, the appointment becomes ineffective
thirty days thereafter.
(i) Inspect and audit periodically the personnel
work programs of the different departments,
bureaus, offices, agencies and other
instrumentalities of the government, including
government-owned or controlled corporations,
conduct periodic review of decisions and actions of
offices or officials to whom authority has been
delegated by the Commission as well as the conduct
of the officials and employees in these offices and
apply appropriate sanctions whenever necessary;
(j) Hear and decide administrative disciplinary
cases instituted directly with it in accordance with
Section 37 or brought to it on appeal;
(k) Issue subpoena and subpoena duces tecum or
require the production of books and papers
pertinent to investigations and inquiries to be
made by the Commission in accordance with its
authority conferred by the Constitution, this
Decree, and other laws, decrees, or letters of
instructions issued by the President; summon
witnesses to appear at such investigation or
inquiries;
(l) Submit to the President an annual report which
shall contain an adequate evaluation of the
progress of the merit system and the problems
encountered in its implementation; and
(m) Perform such other functions as properly
belong to a central personnel agency.
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Section 10. Duties and Responsibilities of the Chairman.
(a) Subject to policies and resolution adopted by
the Commission, the Chairman shall:
1. Direct the operations of the Commission
including those pertaining to its internal
administration;
2. Establish standard operating
procedures for the effective operations for
the Commission;
3. Transmit to the President, rules,
regulations, and other guidelines adopted
by the Commission which require
Presidential attention including annual
and other periodic reports as may be
necessary;
4. Issue appointments to, and enforce
decision on administrative discipline
involving officials and employees of the
Commission;
5. Delegate authority for the performance
of any function to officials of the
Commission;
6. Submit the annual and supplemental
budgets of the Commission; and
7. Perform such other functions as may be
provided by law.
(b) In his capacity as member of the Career
Executive Service Board, he shall present
appropriate viewpoints in the deliberations of the
Board that would seek to insure the policies and
programs of the Board are properly harmonized
with the overall policies and programs of personnel
management in the government.
(c) There shall be an Executive Director in the
Office of the Chairman who shall be responsible for
the effective implementation of the policies, rules
and standards promulgated by the Commission, to
coordinate and supervise the activities of the
different offices in the Commission including those
of the regional offices; to report to the Chairman
the operation of such functions as may be assigned
to him by the Chairman.
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Section 11. Duties and Responsibilities of the Other Members
of the Commission. Jointly with the Chairman, the two
Commissioners shall be responsible for the effective
exercise of the rule-making and adjudicative functions of
the Commission. In case of the absence of the Chairman,
owing to illness or other cause, the senior member shall
temporarily perform the functions of the Chairman.
Section 12. Offices in the Commission. The Commission shall
carry out its functions through the following Offices and
Service: (1) Office of Recruitment, Examination and
Selection, (2) Office of Career and Employee Development,
(3) Office of Personnel Planning and Program Evaluation,
(4) Office of Personnel Relations, (5) Office of Legal Affairs,
and (6) Administrative Service. It shall keep and maintain
such regional offices as the exigencies of the service so
require in accordance with the pertinent provisions of
Chapter III, Part II of the Integrated Reorganization Plan, or
as may be provided by law.
1. The Office of Recruitment, Examination and
Selection, headed by a Director, shall provide
leadership and assistance in developing and
implementing the overall Commission program
relating to recruitment, examination and
selections.
2. The Office of Career and Employee Development,
headed by a Director, shall provide leadership and
assistance to line agencies in formulating,
administering, and evaluating programs relating to
the development and retention of skilled and
efficient work force in the public service, develop
policies, standards and procedures on the
establishment and administration of departmental
and agency career and personnel development
plans which shall include provisions on merit
promotions, performance evaluation, in-service
training, job rotation, suggestions and incentive
award system; integrate such plans into a national
plan; and monitor and evaluate progress in
connection therewith.
3. The Office of Personnel Planning and Program
Evaluation, headed by a Director, shall provide the
Commission with economical, efficient, and
effective service relating to policy development,
program planning, research and statistics,
budgetary and management services; and shall
conduct periodic evaluation of personnel
management programs and performance of the
different departments and agencies of the national
government, including government-owned or
controlled corporations.
UNIVERSITY OF SANTO TOMAS
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4. The Office of Personnel Relations, headed by a
Director, shall provide leadership and assistance in
developing employee relations programs in the
different departments and agencies, including the
establishment of employee organizations and the
coordination of their activities.
5. The Office of Legal Affairs, headed by a Director,
shall assist the Commission on all matters relating
to administrative discipline and in its quasi-judicial
and rule-making functions and the prosecution of
violation of Civil Service Law and Rules and laws
affecting the Civil Service and such other functions
as may be assigned by the Chairman.
6. The Administrative Service, headed by a
Director, shall provide the Commission with
economical, efficient, and effective services relating
to personnel, records, supplies, equipment,
collection, disbursements, accounting, and data
processing and custodial services.
Section 13. Regional Offices. Each regional office of the
Commission shall exercise the following authority:
(a) Enforce Civil Service Law and Rules in
connection with personnel actions of national and
local government agencies within the region, and
the conduct of public officers and employees;
(b) Conduct recruitment and examination for
government-wide positions in the region;
(c) Provide technical advice and assistance to
public agencies within the region regarding
personnel administration; and
(d) Perform such other functions as may be
assigned to it by the Commission.
Section 14. Authority to Reorganize. In order to carry out
the powers and functions set forth in this Decree, the
Commission is hereby authorized to reorganize the internal
structure of the Commission subject to the approval of the
President: Provided, however, That this authority shall not
extend beyond December 31, 1976.
ARTICLE VI
RESPONSIBILITIES OF PUBLIC OFFICERS AND
EMPLOYEES
Section 15. Duties of Public Officers. Public office is a public
trust. Public officers and employees shall serve with the
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highest degree of responsibility, integrity, loyalty, and
efficiency, and shall remain accountable to the people.
ARTICLE VII
INTERDEPARTMENT RELATIONS
Section 16. Civil Service Assistance to Departments and
Agencies. Each head of department, office, agency,
government-owned or controlled corporation and local
government shall be responsible for personnel
administration in his office which shall be in accordance
with the provisions relating to civil service embodied in the
Constitution, this Decree and the rules, principles,
standards, guidelines and regulations established by the
Commission. Whenever it deems it in the interest of the
public service, the Civil Service Commission shall organize
in each department, office, agency, government-owned or
controlled corporation, and provincial and city government
a Civil Service Staff which shall be headed by an officer of
the Commission. The necessary staff personnel and office
facilities and equipment shall be provided by the
department, government-owned or controlled corporation
or local government where the staff is established but the
Commission may augment these with its own. This shall
serve as the principal liaison between the Civil Service and
the Department concerned and shall perform the following
specific functions and those functions which may hereafter
be assigned to it by the Commission:
1. Provide technical assistance in all aspects of
personnel management;
2. Monitor and audit periodically the personnel
practices and performance of the Department or
agency concerned as well as those of public officers
and employees thereat;
3. Determine agency compliance with Civil Service
Law and rules, and
4. In the performance of these functions, the staff
shall welcome and receive from public any
suggestions, observations and complaints
pertaining to the conduct of public officers and
employees.
In the performance of their functions, the units so organized
shall avail of the technical assistance and guidelines of the
Civil Service Commission.
Section 17. Council of Personnel Offices. There is hereby
created a Council of Personnel Officers to be composed of
Chief personnel officers of the different executive
UNIVERSITY OF SANTO TOMAS
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departments and of agencies with the category of
department that the Chairman of the Commission shall
select for membership. Except for its Executive Officer who
shall be designated by the Chairman from among the
appropriate officials in the Civil Service Commission, the
Council is authorized to elect such other officer from among
its members and to fix its own rules or procedures
concerning attendance at meetings, approval of policy
declaration, and other business matters. Provisions for
necessary facilities and clerical assistance for the Council
shall be made in the annual budget of the Commission.
The Council shall have the following functions:
(a) Upon request of the Head of Department or the
Commission, to offer advice in developing
constructive policies, standards, procedures, and
programs as well as on matters relating to the
improvement of personnel methods and to the
solution of personnel problems confronting the
various departments and agencies of the
government;
(b) To promote among the departments and
agencies, through study and discussion, uniform
and consistent interpretation and application of
personnel policies; and
(c) To serve as a clearing house of information and
to stimulate the use of methods of personnel
management that will contribute most to good
government.
Section 18. Inspection and Audit. The Commission, through
its designated representatives, shall conduct a periodic
inspection and audit of the personnel management program
of each department, agency, province or city, in order to: (a)
determine compliance with this Decree, rules and
standards; (b) review discharge of delegated authority; (c)
make an adequate evaluation of the progress made and
problems encountered in the conduct of the merit system in
the national and local governments including government-
owned or controlled corporations; (d) give advice and
provide assistance in developing constructive policies,
standards and procedures, and (e) stimulate improvement
in all areas of personnel management.
Periodic inspection and audit will include an appraisal of
personnel management operations and activities relative
to: (a) formulation and issuance of personnel policy; (b)
recruitment and selection of employees; (c) personnel
action and employment status; (d) career and employee
development; (e) performance evaluation system; (f)
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employee suggestions and incentive award; (g) employee
relations and services; (h) discipline; (i) personnel records
and reporting; and (j) program evaluation.
ARTICLE VIII
PERSONNEL POLICIES AND STANDARDS
Section 19. Recruitment and Selection of Employees.
1. Opportunity for government employment shall
be open to all qualified citizens and positive efforts
shall be exerted to attract the best qualified to enter
the service. Employees shall be selected on the
basis of fitness to perform the duties and assume
the responsibilities of the positions.
2. When a vacancy occurs in a position in the first
level of the Career Service as defined in Section 7,
the employees in the department who occupy the
next lower positions in the occupational group
under which the vacant position is classified, and in
other functionally related occupational groups and
who are competent, qualified and with the
appropriate civil service eligibility shall be
considered for promotion.
3. When a vacancy occurs in a position in the
second level of the Career Service as defined in
Section 7, the employees in the government service
who occupy the next lower positions in the
occupational group under which the vacant
positions is classified and in other functionally
related occupational groups and who are
competent, qualified and with the appropriate civil
service eligibility shall be considered for
promotion.
4. For purposes of this Section, each department or
agency shall evolve its own screening process,
which may include tests of fitness, in accordance
with standards and guidelines set by the
Commission. Promotion boards shall be formed to
formulate criteria for evaluation, conduct tests
and/or interviews, and make systematic
assessment of training and experience.
5. If the vacancy is not filled by promotion as
provided herein the same shall be filled by transfer
of present employees in the government service, by
reinstatement, by re-employment of persons
separates through reduction in force, or by
appointment of persons with the civil service
eligibility appropriate to the positions.
UNIVERSITY OF SANTO TOMAS
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6. A qualified next-in-rank employee shall have the
right to appeal initially to the department head and
finally to the Office of the President an appointment
made (1) in favor of another next-in-rank employee
who is not qualified, or (2) in favor of one who is
not next-in-rank, or (3) in favor of one who is
appointed by transfer and not next-in-rank, or by
reinstatement, or by original appointment if the
employee making the appeal is not satisfied with
the written special reason or reasons given by the
appointing authority for such appointment:
Provided, That final appeal shall be to the
department head concerned if the appointment is
issued to a qualified next-in-rank employee. Before
deciding a contested appointment, the Office of the
President shall consult the Civil Service
Commission. For purposes of this Section,
"qualified next-in-rank" refers to an employee
appointed on a permanent basis to a position
previously determined to be next-in-rank to the
vacancy proposed to be filled and who meets the
requisites for appointment thereto as previously
determined by the appointing authority and
approved by the Commission.
7. Qualification in an appropriate examination shall
be required for appointment to positions in the
first and second levels in the career service in
accordance with the Civil Service rules, except as
otherwise provided in this Decree: Provided, That
whenever there is a civil service eligible actually
available for appointment, no person who is not
such an eligible shall be appointed even in a
temporary capacity to any vacant position in the
career service in the government or in any
government-owned or controlled corporation,
except when the immediate filling of the vacancy is
urgently required in the public interest, or when
the vacancy is not permanent, in which cases
temporary appointments of non-eligibles may be
made in the absence of eligibles actually and
immediately available.
8. The appropriate examinations herein referred to
shall be those given by the Commission and the
different agencies: Provided, however, That
nothing herein shall affect those eligibles acquired
prior to the effectivity of this Civil Service Law:
Provided, further, That a person with a civil service
eligibility acquired by successfully passing an
examination shall be qualified for a position
requiring a lower eligibility if he possesses the
other requirements for appointment to such
position.
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9. Those who acquired civil service eligibility after
the passage of the Integrated Reorganization Plan
by virtue of having passed civil service
examinations or their equivalents may avail of said
eligibilities within a period not exceeding five
years.
Section 20. Qualification Standards.
(a) A qualification standard expresses the
minimum requirements for a class of positions in
terms of education, training and experience, civil
service eligibility, physical fitness, and other
qualities required for successful performance. The
degree of qualifications of an officer or employee
shall be determined by the appointing authority on
the basis of the qualifications standard for the
particular position.
Qualification standards shall be used as basis for
civil service examinations for positions in the
career service, as guides in appointment and other
personnel actions, in the adjudication of protested
appointments, in determining training needs, and
as aid in the inspection and audit of the agencies
personnel work programs.
It shall be administered in such manner as to
continually provide incentives to officers and
employees towards professional growth and foster
the career system in the government service.
(b) The establishment, administration and
maintenance of qualification standards shall be the
responsibility of the department or agency, with
the assistance and approval of the Civil Service
Commission and in consultation with the Wage and
Position Classification Office.
Section 21. Release of Examination Results. The results of
any particular civil service examination held in a number of
places on the same date shall be released simultaneously.
Section 22. Register of Eligibles. The names of the
competitors who pass an examination shall be entered in a
register of eligibles arranged in the order of their general
ratings and containing such information as the Commission
may deem necessary.
Section 23. Cultural Communities. In line with the national
policy to facilitate the integration of the members of cultural
communities and accelerate to the development of the areas
occupied by them, the Commission shall give special civil
UNIVERSITY OF SANTO TOMAS
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service examinations to qualify them for appointment in the
civil service.
Section 24. Personnel Actions. All appointments in the
career service shall be made only according to merit and
fitness, to be determined as far as practicable by
competitive examinations. A non-eligible shall not be
appointed to any position in the civil service whenever
there is a civil service eligible actually available for and
ready to accept appointment.
As used in this Decree, any action denoting the movement
or progress of personnel in the civil service shall be known
as personnel action. Such action shall include appointment
through certification, promotion, transfer, reinstatement,
re-employment, detail, reassignment, demotion, and
separation. All personnel actions shall be in accordance
with such rules, standards, and regulations as may be
promulgated by the Commission.
(a) Appointment through certification. An
appointment through certification to a position in
the civil service, except as herein otherwise
provided, shall be issued to a person who has been
selected from a list of qualified persons certified by
the Commission from an appropriate register of
eligibles, and who meets all the other requirements
of the position.
All such persons must serve a probationary period
of six months following their original appointment
and shall undergo a thorough character
investigation in order to acquire permanent civil
service status. A probationer may be dropped from
the service for unsatisfactory conduct or want of
capacity any time before the expiration of the
probationary period: Provided, That such action is
appealable to the Commission.
(b) Promotion. A promotion is a movement from
one position to another with an increase in duties
and responsibilities as authorized by law and
usually accompanied by an increase in pay. The
movement may be from one department or agency
to another, or from one organizational unit to
another in the same department or agency.
(c) Transfer. A transfer is a movement from one
position to another which is of equivalent rank,
level, or salary without break in service involving
the issuance of an appointment.
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It shall be considered disciplinary when made in
the interest of public service, in which case, the
employee concerned shall be informed of the
reasons therefore. If the employee believes that
there is no justification for the transfer, he may
appeal his case to the Commission.
The transfer may be from one department or
agency to another or from one organizational unit
to another in the same department or agency:
Provided, however, That any movement from the
non-career service to the career service shall not be
considered a transfer.
(d) Reinstatement. Any person who has been
permanently appointed to a position in the career
service and who has, through no delinquency or
misconduct, been separated therefrom, may be
reinstated to a position in the same level for which
he is qualified.
(e) Re-employment. Names of persons who have
been appointed permanently to positions in the
career service and who have been separated as a
result of reduction in force and/or reorganization,
shall be entered in a list from which selection for
reemployment shall be made.
(f) Detail. A detail is the movement on an employee
from one agency to another without the issuance of
an appointment and shall be allowed, only for a
limited period in the case of employees occupying
professional, technical and scientific positions. If
the employee believes that there is no justification
for the detail, he may appeal his case to the
Commission. Pending appeal, the decision to detail
the employee shall be executory unless otherwise
ordered by the Commission.
(g) Reassignment. An employee may be reassigned
from one organizational unit to another in the same
agency: Provided, That such reassignment shall not
involve a reduction in rank, status or salary.
Section 25. Employment Status. Appointment in the career
service shall be permanent or temporary.
(a) Permanent status. A permanent appointment
shall be issued to a person who meets all the
requirements for the positions to which he is being
appointed, including the appropriate eligibility
prescribed, in accordance with the provisions of
UNIVERSITY OF SANTO TOMAS
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law, rules and standards promulgated in pursuance
thereof.
(b) Temporary appointment. In the absence of
appropriate eligibles and it becomes necessary in
the public interest to fill a vacancy, a temporary
appointment shall be issued to a person who meets
all the requirements for the positions to which he
is being appointed except the appropriate civil
service eligibility: Provided, That such temporary
appointment shall not exceed twelve months, but
the appointee may be replaced sooner if a qualified
civil service eligible becomes available.
Section 26. Salary Increase or Adjustment. Adjustments in
salaries as a result of increase in pay levels or upgrading of
positions which do not involve a change in qualification
requirements shall not require a new appointments except
that copies of the salary adjustment notices shall be
submitted to the Commission for record purposes.
Section 27. Reduction in Force. Whenever it becomes
necessary because of lack of work or funds or due to a
change in the scope or nature of an agency's program, or as
a result of reorganization, to reduce the staff of any
department or agency, those in the same group or class of
positions in one or more agencies within the particular
department or agency wherein the reduction is to be
effected, shall be reasonably compared in terms of relative
fitness, efficiency and length of service, and those found to
be least qualified for the remaining positions shall be laid
off.
Section 28. Career and Personnel Development. The
Development and retention of a competent and efficient
work force in the public service is a primary concern of
government. It shall be the policy of the government that a
continuing program of career and personnel development
be established for all government employees at all levels. An
integrated national plan for career and personnel
development shall serve as the basis for all career and
personnel development activities in the government.
Section 29. Career and Personnel Development Plans. Each
department or agency shall prepare a career and personnel
development plan which shall be integrated into a national
plan by the Commission. Such career and personnel
development plans which shall include provisions on merit
promotions, performance evaluation, in-service training,
including overseas and local scholarships and training
grants, job rotation, suggestions and incentive award
systems, and such other provisions for employees' health,
welfare, counselling, recreation and similar services.
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Section 30. Merit Promotion Plans. Each department or
agency shall establish merit promotion plans which shall be
administered in accordance with the provisions of this
Decree and the rules, regulations, and standards to be
promulgated by the Commission. Such plans shall include
provisions for a definite screening process, which may
include tests of fitness, in accordance with standards and
guidelines set by the Commission. Promotion Boards may
be organized subject to criteria drawn by the Commission.
Section 31. Performance Evaluation System. There shall be
established a performance evaluation system, which shall
be administered in accordance with rules, regulations and
standards promulgated by the Commission for all officers
and employees in the career service. Such performance
evaluation system shall be administered in such manner as
to continually foster the improvement of individual
employee efficiency and organizational effectiveness.
Each department or agency may, after consultation with the
Commission, establish and use one or more performance
evaluation plans appropriate to the various groups of
positions in the department or agency concerned. No
performance evaluation shall be given, or used as a basis for
personnel action, except under an approved performance
evaluation plan: Provided, That each employee shall be
informed periodically by his supervisor of his performance
evaluation.
Section 32. Responsibility for Training. The Commission
shall be responsible for the coordination and integration of
a continuing program of personnel development for all
government personnel in the first and second levels.
Central staff agencies and specialized institutes shall
conduct continuing centralized training for staff specialists
from the different agencies. However, in those cases where
there is sufficient number of participants to warrant
training at department or agency or local government level,
such central staff agencies and specialized institute shall
render the necessary assistance, and consultative services.
To avoid duplication, of effort and overlapping of training
functions, the following functional responsibilities are
assigned:
(a) Public and private colleges and universities and
similar institutions shall be encouraged to organize
and carry out continuing programs of executive
development.
(b) The Commission, the Commission on Audit, the
Budget Commission, the General Services
UNIVERSITY OF SANTO TOMAS
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Administration, and other central staff agencies
shall conduct centralized training and assist in the
training program of the Departments or agencies
along their respective functional areas of
specialization.
(c) In coordination with the Commission, the
Department of Local Government and Community
Development shall undertake local government
training programs.
(d) In coordination with the Commission, each
department or agency, province or city shall
establish, maintain and promote a systematic plan
of action for personnel training at all levels in
accordance with standards laid down by the
Commission. It shall maintain appropriate training
staffs and make full use of available training
facilities.
Whenever it deems it necessary, the Commission shall take
the initiative in undertaking programs for personnel
development.
Section 33. Employee Suggestions and Incentive Award
System. There shall be established a government-wide
employee suggestions and incentive awards system which
shall be administered under such rules, regulations, and
standards as may be promulgated by the Commission.
In accordance with rules, regulations, and standards
promulgated by the Commission, the President or the head
of each department or agency is authorized to incur
whatever necessary expenses involved in the honorary
recognition of subordinate officers and employees of the
government who by their suggestions, inventions, superior
accomplishment, and other personal efforts contribute to
the efficiency, economy, or other improvement of
government operations, or who perform such other
extraordinary acts or services in the public interest in
connection with, or in relation to, their officials
employment.
Section 34. Personnel Relations.
(a) It shall be the concern of the Commission to
provide leadership and assistance in developing
employee relations programs in the departments
or agencies.
(b) Every head of department or agency shall take
all proper steps toward the creation of an
atmosphere conducive to good supervisor-
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employee relations and the improvement of
employee morale.
Section 35. Complaints and Grievances. Employees shall
have the right to present their complaints or grievances to
management and have them adjudicated as expeditiously as
possible in the best interest of the agency, the government
as a whole, and the employee concerned. Such complaint or
grievances shall be resolved at the lowest possible level in
the department or agency, as the case may, and the
employee shall have the right to appeal such decision to
higher authorities.
Each department or agency shall promulgate rules and
regulations governing expeditious, fair, and equitable
adjustment of employees' complaints or grievances in
accordance with the policies enunciated by the
Commission.
ARTICLE IX
DISCIPLINE
Section 36. Discipline: General Provisions.
(a) No officer or employee in the Civil Service shall
be suspended or dismissed except for cause as
provided by law and after due process.
(b) The following shall be grounds for disciplinary
action:
1. Dishonesty;
2. Oppression;
3. Neglect of duty;
4. Misconduct;
5. Disgraceful and immoral conduct;
6. Being notoriously undesirable;
7. Discourtesy in the course of official
duties;
8. Inefficiency and incompetence in the
performance of official duties;
9. Receiving for personal use of a fee, gift
or other valuable thing in the course of
official duties or in connection therewith
UNIVERSITY OF SANTO TOMAS
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when such fee, gift, or other valuable thing
is given by any person in the hope or
expectation of receiving a favor or better
treatment than that accorded other
persons, or committing acts punishable
under the anti-graft laws;
10. Conviction of a crime involving moral
turpitude;
11. Improper or unauthorized solicitation
of contributions from subordinate
employees and by teachers or school
officials from school children;
12. Violation of existing Civil Service Law
and rules or reasonable office regulations;
13. Falsification of official document;
14. Frequent unauthorized absences or
tardiness in reporting for duty, loafing or
frequent unauthorized absences from duty
during regular office hours;
15. Habitual drunkenness;
16. Gambling prohibited by law;
17. Refusal to perform official duty or
render overtime service;
18. Disgraceful, immoral or dishonest
conduct prior to entering the service;
19. Physical or mental incapacity or
disability due to immoral or vicious habits;
20. Borrowing money by superior officers
from subordinates or lending by
subordinates to superior officers;
21. Lending money at usurious rates of
interest;
Section 37. Disciplinary Jurisdiction.
22. Willful failure to pay just debts or
willful failure to pay taxes due to the
government;
23. Contracting loans of money or other
property from persons with whom the
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office of the employee concerned has
business relations;
24. Pursuit of private business, vocation or
profession without the permission
required by Civil Service rules and
regulations;
25. Insubordination;
26. Engaging directly or indirectly in
partisan political activities by one holding
non-political office;
27. Conduct prejudicial to the best interest
of the service;
28. Lobbying for personal interest or gain
in legislative halls and offices without
authority;
29. Promoting the sale of tickets in behalf
of private enterprises that are not
intended for charitable or public welfare
purposes and even in the latter cases if
there is no prior authority;
30. Nepotism as defined in Section 49 of
this Decree.
(c) Except when initiated by the disciplining
authority, no complaint against a civil service
official or employee shall be given due course
unless the same is in writing and subscribed and
sworn to by the complainant.
(d) In meting out punishment, the same penalties
shall be imposed for similar offenses and only one
penalty shall be imposed in each case. The
disciplining authority may impose the penalty of
removal from the service, transfer, demotion in
rank, suspension for not more than one year
without pay, fine in an amount not exceeding six
months' salary, or reprimand.
(a) The Commission shall decide upon appeal all
administrative disciplinary cases involving the
imposition of a penalty of suspension for more than
thirty days, or fine in an amount exceeding thirty
days' salary, demotion in rank or salary or transfer,
UNIVERSITY OF SANTO TOMAS
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removal or dismissal from Office. A complaint may
be filed directly with the Commission by a private
citizen against a government official or employee in
which case it may hear and decide the case or it
may deputize any department or agency or official
or group of officials to conduct the investigation.
The results of the investigation shall be submitted
to the Commission with recommendation as to the
penalty to be imposed or other action to be taken.
(b) The heads of departments, agencies and
instrumentalities, provinces, cities and
municipalities shall have jurisdiction to investigate
and decide matters involving disciplinary action
against officers and employees under their
jurisdiction. Their decisions shall be final in case
the penalty imposed is suspension for not more
than thirty days or fine in an amount not exceeding
thirty days' salary. In case the decision rendered by
a bureau or office head is appealable to the
Commission, the same may be initially appealed to
the department and finally to the Commission and
pending appeal, the same shall be executory except
when the penalty is removal, in which case the
same shall be executory only after confirmation by
the department head.
(c) An investigation may be entrusted to regional
director or similar officials who shall make the
necessary report and recommendation to the chief
of bureau or office or department within the period
specified in Paragraph d of the following Section.
(d) An appeal shall not stop the decision from being
executory, and in case the penalty is suspension or
removal, the respondent shall be considered as
having been under the preventive suspension
during the pendency of the appeal in the event he
wins an appeal.
Section 38. Procedure in Administrative Cases Against Non-
Presidential Appointees.
(a) Administrative proceedings may be
commenced against a subordinate officer or
employee by the head of department or office of
equivalent rank, or head of local government, or
chiefs or agencies, regional directors, or upon
sworn, written complaint of any other persons.
(b) In the case of a complaint filed by any other
persons, the complainant shall submit sworn
statements covering his testimony and those of his
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witnesses together with his documentary evidence.
If on the basis of such papers a prima facie case is
found not to exist, the disciplining authority shall
dismiss the case. If a prima facie case exists, he shall
notify the respondent in writing, of the charges
against the latter, to which shall be attached copies
of the complaint, sworn statements and other
documents submitted, and the respondent shall be
allowed not less than seventy-two hours after
receipt of the complaint to answer the charges in
writing under oath, together with supporting
sworn statements and documents, in which he shall
indicate whether or not he elects a formal
investigation if his answer is not considered
satisfactory. If the answer is found satisfactory, the
disciplining authority shall dismiss the case.
(c) Although a respondent does not request a
formal investigation, one shall nevertheless be
conducted when from the allegations of the
complaint and the answer of the respondent,
including the supporting documents, the merits of
the case cannot be decided judiciously without
conducting such an investigation.
(d) The investigation shall be held not earlier than
five days nor later than ten days from the date of
receipt of respondent's answer by the disciplining
authority, and shall be finished within thirty days
from the filling of the charges, unless the period is
extended by the Commission in meritorious cases.
The decision shall be rendered by the disciplining
authority within thirty days from the termination
of the investigation or submission of the report of
the investigator, which report shall be submitted
within fifteen days from the conclusion of the
investigation.
(e) The direct evidence for the complainant and the
respondent shall consist of the sworn statement
and documents submitted in support of the
complaint or answer, as the case may be, without
prejudice to the presentation of additional
evidence deemed necessary but was unavailable at
the time of the filing of the complaint or answer,
upon which the cross-examination, by respondent
and the complainant, respectively, shall be based.
Following cross-examination, there may be
redirect and recross-examination.
(f) Either party may avail himself of the services of
counsel and may require the attendance of
witnesses and the production of documentary
UNIVERSITY OF SANTO TOMAS
APEL - GARGANTIEL PROVIS [PRELIMS]
evidence in his favor through the compulsory
process of subpoena or subpoena duces tecum.
(g) The investigation shall be conducted only for
the purpose of ascertaining the truth and without
necessarily adhering to technical rules applicable
in judicial proceedings. It shall be conducted by the
disciplining authority concerned or his authorized
representative.
The phrase "any other party" shall be understood to be a
complainant other than those referred to in subsection (a)
hereof.
Section 39. Appeals. Appeals, where allowable, shall be
made by the party adversely affected by the decision within
fifteen days from receipt of the decision unless a petition for
reconsideration is seasonably filed, which petition shall be
decided within fifteen days. Notice of the appeal shall be
filed with the disciplining office, which shall forward the
records of the case, together with the notice of appeal, to the
appellate authority within fifteen days from filing of the
notice of appeal, with its comment, if any. The notice of
appeal shall specifically state the date of the decision
appealed from and the date of receipt thereof. It shall also
specifically set forth clearly the grounds relied upon for
excepting from the decision.
(b) A petition for reconsideration shall be based
only on any of the following grounds: (1) new
evidence has been discovered which materially
affects the decision rendered; (2) the decision is
not supported by the evidence on record; or (3)
errors of law or irregularities have been committed
prejudicial to the interest of the respondent:
Provided, That only one petition for
reconsideration shall be entertained.
Section 40. Summary Proceedings. No formal investigation
is necessary and the respondent may be immediately
removed or dismissed if any of the following circumstances
is present:
(a) When the charge is serious and the evidence of
guilt is strong;
(b) When the respondent is a recidivist or has been
repeatedly charged and there is reasonable ground
to believe that he is guilty of the present charge.
(c) When the respondent is notoriously
undesirable.
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Resort to summary proceedings by disciplining authority
shall be done with utmost objectivity and impartiality to the
end that no injustice is committed: Provided, That removal
or dismissal except those by the President, himself, or upon
his order, may be appealed to the Commission.
Section 41. Preventive Suspension. The proper disciplining
authority may preventively suspend any subordinate
officer or employee under his authority pending an
investigation, in the charge against such officer or employee
involves dishonesty, oppression or grave misconduct, or
neglect in the performance of duty, or if there are reasons to
believe that the respondent is guilty of charges which would
warrant his removal from the service.
Section 42. Lifting of Preventive Suspension Pending
Administrative Investigation. When the administrative case
against the officer of employee under preventive
suspension is not finally decided by the disciplining
authority within the period of ninety (90) days after the
date of suspension of the respondent who is not a
presidential appointee, the respondent shall be
automatically reinstated in the service: Provided, That
when the delay in the disposition of the case is due to the
fault, negligence or petition of the respondent, the period of
delay shall not be counted in computing the period of
suspension herein provided.
Section 43. Removal of Administrative Penalties or
Disabilities. In meritorious cases and upon recommendation
in the Commission, the President may commute or remove
administrative penalties or disabilities imposed upon
officers or employees in disciplinary cases, subject to such
terms and conditions as he may impose in the interest of the
service.
ARTICLE X
PROHIBITIONS
Section 44. Limitation on Appointment.
1. No elective official shall be eligible for
appointment to any office or position during his
term of office.
2. No candidate who lost in an election shall be
eligible for appointment to any office in the
government, or in any government-owned or
controlled corporation within one year following
such election.
Section 45. Political Activity. No officer or employee in the
Civil Service including members of the Armed Forces, shall
UNIVERSITY OF SANTO TOMAS
APEL - GARGANTIEL PROVIS [PRELIMS]
engage directly or indirectly in any partisan political
activity or take part in any election except to vote nor shall
he use his official authority or influence to coerce the
political activity of any other person or body. Nothing
herein provided shall be understood to prevent any officer
or employee from expressing his views on current political
problems or issues, or from mentioning the names of
candidates for public office whom he supports: Provided,
That public officers and employees holding political offices
may take part in political and electoral activities but it shall
be unlawful for them to solicit contributions from their
subordinates or subject them to any of the acts involving
subordinates prohibited in the Election Code.
Section 46. Additional or Double Compensation. No elective
or appointive public officer or employee shall receive
additional or double compensation unless specifically
authorized by law nor accept without the consent of the
President, any present, emolument, office, or title of any
kind from any foreign state.
Section 47. Limitation on Employment of
Laborers. Laborers, whether skilled, semi-skilled or
unskilled, shall not be assigned to perform clerical duties.
Section 48. Prohibition on Detail or Reassignment. No detail
or reassignment whatever shall be made within three (3)
months before any election.
Section 49. Nepotism.
(a) All appointments in the national, provincial, city
and municipal governments or in any branch or
instrumentality thereof, including government-
owned or controlled corporations, made in favor of
a relative of the appointing or recommending
authority, or of the chief of the bureau or office, or
of the persons exercising immediate supervision
over him, are hereby prohibited.
As used in this Section, the word "relative" and
members of the family referred to are those related
within the third degree either of consanguinity or
of affinity.
(b) The following are exempted from the operation
of the rules on nepotism: (1) persons employed in
a confidential capacity, (2) teachers, (3) physicians,
and (4) members of the Armed Forces of the
Philippines: Provided, however, That in each
particular instance full report of such appointment
shall be made to the Commission.
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The restriction mentioned in subsection (a) shall
not be applicable to the case of a member of any
family who, after his or her appointment to any
position in an office or bureau, contracts marriage
with someone in the same office or bureau, in
which event the employment or retention therein
of both husband and wife may be allowed.
(c) In order to give immediate effect to these
provisions, cases of previous appointments which
are in contravention hereof shall be corrected by
transfer, and pending such transfer, no promotion
or salary increase shall be allowed in favor of the
relative or relatives who were appointed in
violation of these provisions.
ARTICLE XI
MISCELLANEOUS PROVISIONS
Section 50. Examining Committee, Special Examiners and
Special Investigators. Subject to approval by the proper
head of department or agency, the Commission may select
suitable persons in the government service to act as
members of examining committees, special examiners or
special investigators. Such person shall be designated
examiners or investigators of the Commission and shall
perform such duties as the Commission may require and in
the performance of such duties they shall be under its
exclusive control. Examining committees, special examiners
or special investigators so designated may be given
allowances or per diems for their services, to be paid out of
the funds of, and at a rate to be determined by, the
Commission.
Section 51. Fees. The Commission shall collect and charge
fees for civil service examinations, certifications of civil
service ratings, service records, and other civil service
matters, training courses, seminars, workshops in
personnel management and other civil service matters.
For this purpose, the Commission shall prescribe standard
and reasonable rates for such examinations, certifications,
training courses, seminars, and workshops: Provided, That
the fees so collected in training courses, seminars and
workshops, shall be used exclusively for training activities
of the Commission: Provided, further, That no examination
fees shall be collected in examinations given for the
selection of scholars.
Section 52. Authority of Officers to Administer Oaths, Take
Testimony, Prosecute and Defend Cases in Court. Members of
the Commission, chiefs of offices, and other officers and
employees of the Commission designated in writing by the
UNIVERSITY OF SANTO TOMAS
APEL - GARGANTIEL PROVIS [PRELIMS]
Chairman may administer such oaths as may be necessary
in the transactions of official business and administer oaths
and take testimony in connection with any authorized
investigation. Attorneys of the Commission may prosecute
and defend cases in connection with the functions of the
Commission before any court or tribunal.
Section 53. Liability of Appointing Authority. No person
employed in the Civil Service in violation of the Civil Service
Law and rules shall be entitled to receive pay from the
government; but the appointing authority responsible for
such unlawful employment shall be personally liable for the
pay that would have accrued had the employment been
unlawful, and the disbursing officials shall make payment to
the employee of such amount from salary of the officers so
liable.
Section 54. Liability of Disbursing Officers. Except as may
otherwise be provided by law, it shall be unlawful for a
treasurer, or other fiscal officer to draw or retain from the
salary due an officer or employee any amount for
contribution or payment of obligations other than those due
the government or its instrumentalities.
Section 55. Penal Provision. Whoever makes any
appointment or employs any person in violation of any
provision of this Decree or the rules made thereunder or
whoever commits fraud, deceit or intentional
misrepresentation of material facts concerning other civil
service matters, or whoever violates, refuses or neglects to
comply with any of such provisions or rules, shall upon
conviction be punished by a fine not exceeding one
thousand pesos or by imprisonment not exceeding six (6)
months, or both such fine and imprisonment in the
discretion of the court.
ARTICLE XII
TRANSITORY PROVISIONS
Section 56. Government-owned or Controlled Corporations
Personnel. All permanent personnel of government-owned
or controlled corporations whose positions are now
embraced in the civil service shall continue in the service
until they have been given a chance to qualify in an
appropriate examination, but in the meantime, those who
do not possess the appropriate civil service eligibility shall
not be promoted until they qualify in an appropriate civil
service examination. Services of temporary personnel may
be terminated any time.
Section 57. Authority to Use Appropriations. The
Commission is hereby authorized to use such sums
appropriated in Presidential Decree No. 733 and balances
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of existing certifications to accounts payable including prior
years which have not yet been reverted to the
unappropriated surplus, as are necessary to carry out the
provisions of this Decree. Henceforth, appropriations to
cover the salaries of officials and employees of the Civil
Service Commission and its maintenance and operational
expenses shall be included in the annual General
Appropriations Decree.
xxx
CIVIL SERVICE COMMISSION
BOOK V, E.O. 292
SECTION 6. Scope of the Civil Service. — (1) The Civil
Service embraces all branches, subdivisions,
instrumentalities, and agencies of the Government,
including government-owned or controlled corporations
with original charters.
(2) Positions in the Civil Service shall be classified into
career service and non-career service.
SECTION 7. Career Service. — The Career Service shall be
characterized by (1) entrance based on merit and fitness to
be determined as far as practicable by competitive
examination, or based on highly technical qualifications; (2)
opportunity for advancement to higher career positions;
and (3) security of tenure.
The Career Service shall include:
(1) Open Career positions for appointment to
which prior qualification in an appropriate
examination is required;
(2) Closed Career positions which are scientific, or
highly technical in nature; these include the faculty
and academic staff of state colleges and
universities, and scientific and technical positions
in scientific or research institutions which shall
establish and maintain their own merit systems;
(3) Positions in the Career Executive Service;
namely, Undersecretary, Assistant Secretary,
Bureau Director, Assistant Bureau Director,
Regional Director, Assistant Regional Director,
Chief of Department Service and other officers of
equivalent rank as may be identified by the Career
Executive Service Board, all of whom are appointed
by the President;
(4) Career officers, other than those in the Career
Executive Service, who are appointed by the
President, such as the Foreign Service Officers in
the Department of Foreign Affairs;
(5) Commissioned officers and enlisted men of the
Armed Forces which shall maintain a separate
merit system;
UNIVERSITY OF SANTO TOMAS
APEL - GARGANTIEL PROVIS [PRELIMS]
(6) Personnel of government-owned or controlled
corporations, whether performing governmental
or proprietary functions, who do not fall under the
non-career service; and
(7) Permanent laborers, whether skilled, semi-
skilled, or unskilled.
SECTION 8. Classes of Positions in the Career Service. —
(1) Classes of positions in the career service appointment to
which requires examinations shall be grouped into three
major levels as follows:
(a) The first level shall include clerical, trades,
crafts, and custodial service positions which
involve non-professional or subprofessional work
in a non-supervisory or supervisory capacity
requiring less than four years of collegiate studies;
(b) The second level shall include professional,
technical, and scientific positions which involve
professional, technical, or scientific work in a non-
supervisory or supervisory capacity requiring at
least four years of college work up to Division Chief
level; and
(c) The third level shall cover positions in the
Career Executive Service.
(2) Except as herein otherwise provided, entrance to the
first two levels shall be through competitive examinations,
which shall be open to those inside and outside the service
who meet the minimum qualification requirements.
Entrance to a higher level does not require previous
qualification in the lower level. Entrance to the third level
shall be prescribed by the Career Executive Service Board.
(3) Within the same level, no civil service examination shall
be required for promotion to a higher position in one or
more related occupational groups. A candidate for
promotion should, however, have previously passed the
examination for that level.
SECTION 9. Non-Career Service. — The Non-Career
Service shall be characterized by (1) entrance on bases
other than those of the usual tests of merit and fitness
utilized for the career service; and (2) tenure which is
limited to a period specified by law, or which is coterminous
with that of the appointing authority or subject to his
pleasure, or which is limited to the duration of a particular
project for which purpose employment was made.
The Non-Career Service shall include:
(1) Elective officials and their personal or
confidential staff;
(2) Secretaries and other officials of Cabinet rank
who hold their positions at the pleasure of the
President and their personal or confidential
staff(s);
(3) Chairman and members of commissions and
boards with fixed terms of office and their personal
or confidential staff;
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(4) Contractual personnel or those whose
employment in the government is in accordance
with a special contract to undertake a specific work
or job, requiring special or technical skills not
available in the employing agency, to be
accomplished within a specific period, which in no
case shall exceed one year, and performs or
accomplishes the specific work or job, under his
own responsibility with a minimum of direction
and supervision from the hiring agency; and
(5) Emergency and seasonal personnel.
i. Permanent & Temporary
CIVIL SERVICE COMMISSION
BOOK V, E.O. 292
SECTION 27. Employment Status. — Appointment in the
career service shall be permanent or temporary.
(1) Permanent status. — A permanent appointment shall be
issued to a person who meets all the requirements for the
positions to which he is being appointed, including the
appropriate eligibility prescribed, in accordance with the
provisions of law, rules and standards promulgated in
pursuance thereof.
(2) Temporary appointment. — In the absence of
appropriate eligibles and it becomes necessary in the public
interest to fill a vacancy, a temporary appointment shall be
issued to a person who meets all the requirements for the
position to which he is being appointed except the
appropriate civil service eligibility: Provided, That such
temporary appointment shall not exceed twelve months,
but the appointee may be replaced sooner if a qualified civil
service eligible becomes available.
iii. Based on Merit & Fitness
1987 Constitution
ARTICLE IX–B
THE CIVIL SERVICE COMMISSION
SECTION 2. x x x
(2) Appointments in the civil service shall be made only
according to merit and fitness to be determined, as far as
practicable, and, except to positions which are policy-
determining, primarily confidential, or highly technical, by
competitive examination.
UNIVERSITY OF SANTO TOMAS
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3. PERSONNEL ACTIONS
a. Promotion/Demotion
Civil Service Decree of the Philippines
P.D. 807
SECTION 19. Recruitment and Selection of Employees.
— (1) Opportunity for government employment shall be
open to all qualified citizens and positive efforts shall be
exerted to attract the best qualified to enter the service.
Employees shall be selected on the basis of fitness to
perform the duties and assume the responsibilities of the
positions.
(2) When a vacancy occurs in a position in the first level of
the Career Service as defined in Section 7, the employees in
the department who occupy the next lower positions in the
occupational group under which the vacant position is
classified, and in other functionally related occupational
groups and who are competent, qualified and with the
appropriate civil service eligibility shall be considered for
promotion.
(3) When a vacancy occurs in a position in the second level
of the Career Service as defined in Section 7, the employees
in the government service who occupy the next lower
positions in the occupational group under which the vacant
position is classified and in other functionally related
occupational groups and who are competent, qualified and
with the appropriate civil service eligibility shall be
considered for promotion.
(4) For purposes of this Section, each department or agency
shall evolve its own screening process, which may include
tests of fitness, in accordance with standards and guidelines
set by the Commission. Promotion boards shall be formed
to formulate criteria for evaluation, conduct tests and/or
interviews, and make systematic assessment of training and
experience. cdtai
(5) If the vacancy is not filled by promotion as provided
herein the same shall be filled by transfer of present
employees in the government service, by reinstatement, by
re-employment of persons separated through reduction in
force, or by appointment of persons with the civil service
eligibility appropriate to the positions.
(6) A qualified next-in-rank employee shall have the right to
appeal initially to the department head and finally to the
Office of the President an appointment made (1) in favor of
another next-in-rank employee who is not qualified, or (2)
in favor of one who is not next-in-rank, or (3) in favor of one
who is appointed by transfer and not next-in-rank, or by
reinstatement, or by original appointment if the employee
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making the appeal is not satisfied with the written special
reason or reasons given by the appointing authority for
such appointment: Provided, That final appeal shall be to
the department head concerned if the appointment is issued
to a qualified next-in-rank employee. Before deciding a
contested appointment, the Office of the President shall
consult the Civil Service Commission. For purposes of this
Section, "qualified next-in-rank" refers to an employee
appointed on a permanent basis to a position previously
determined to be next-in-rank to the vacancy proposed to
be filled and who meets the requisites for appointment
thereto as previously determined by the appointing
authority and approved by the Commission.
(7) Qualification in an appropriate examination shall be
required for appointment to positions in the first and
second levels in the career service in accordance with the
Civil Service rules, except as otherwise provided in this
Decree: Provided, That whenever there is a civil service
eligible actually available for appointment, no person who
is not such an eligible shall be appointed even in a
temporary capacity to any vacant position in the career
service in the government or in any government-owned or
controlled corporation, except when the immediate filling
of the vacancy is urgently required in the public interest, or
when the vacancy is not permanent, in which cases
temporary appointments of non-eligibles may be made in
the absence of eligibles actually and immediately available.
cda
(8) The appropriate examinations herein referred to shall
be those given by the Commission and the different
agencies: Provided, however, That nothing herein shall
affect those eligibilities acquired prior to the effectivity of
this Civil Service Law: Provided, further, That a person with
a civil service eligibility acquired by successfully passing an
examination shall be qualified for a position requiring a
lower eligibility if he possesses the other requirements for
appointment to such position.
(9) Those who acquired civil service eligibility after the
passage of the Integrated Reorganization Plan by virtue of
having passed civil service examinations or their
equivalents may avail of said eligibilities within a period not
exceeding five years.
CIVIL SERVICE COMMISSION
BOOK V, E.O. 292
SECTION 21. Recruitment and Selection of Employees.
— (1) Opportunity for government employment shall be
open to all qualified citizens and positive efforts shall be
exerted to attract the best qualified to enter the service.
Employees shall be selected on the basis of fitness to
UNIVERSITY OF SANTO TOMAS
APEL - GARGANTIEL PROVIS [PRELIMS]
perform the duties and assume the responsibilities of the
positions.
(2) When a vacancy occurs in a position in the first level of
the Career Service as defined in Section 8, the employees in
the department who occupy the next lower positions in the
occupational group under which the vacant position is
classified, and in other functionally related occupational
groups and who are competent, qualified and with the
appropriate civil service eligibility shall be considered for
promotion.
(3) When a vacancy occurs in a position in the second level
of the Career Service as defined in Section 8, the employees
in the government service who occupy the next lower
positions in the occupational group under which the vacant
position is classified and in other functionally related
occupational groups and who are competent, qualified and
with the appropriate civil service eligibility shall be
considered for promotion.
(4) For purposes of this Section, each department or agency
shall evolve its own screening process, which may include
tests of fitness, in accordance with standards and guidelines
set by the Commission. Promotion boards shall be formed
to formulate criteria for evaluation, conduct tests or
interviews, and make systematic assessment of training
experience.
(5) If the vacancy is not filled by promotion as provided
herein the same shall be filled by transfer of present
employees in the government service, by reinstatement, by
re-employment of persons separated through reduction in
force, or by appointment of persons with the civil service
eligibility appropriate to the positions.
(6) A qualified next-in-rank employee shall have the right to
appeal initially to the Secretaries or heads of agencies or
instrumentalities including government-owned or
controlled corporations with original charters, then to the
Merit System Protection Board, and finally to the Civil
Service Commission an appointment made in favor of
another employee if the appellant is not satisfied with the
written special reason or reasons given by the appointing
authority for such appointment; Provided, however, that
the decision of the Civil Service Commission may be
reviewed on certiorari only by the Supreme Court within
thirty (30) days from receipt of the decision of the aggrieved
party. For purposes of this Section, "qualified next-in-rank"
refers to an employee appointed on a permanent basis to a
position previously determined to be next-in-rank and who
meets the requirements for appointment thereto as
previously determined by the appointing authority and
approved by the Commission.
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(7) Qualification in an appropriate examination shall be
required for appointment to positions in the first and
second levels in the career service in accordance with the
Civil Service rules, except as otherwise provided in this
Title: Provided, That whenever there is a civil service
eligible actually available for appointment, no person who
is not such an eligible shall be appointed even in a
temporary capacity to any vacant position in the career
service in the government or in any government-owned or
controlled corporation with original charter, except when
the immediate filling of the vacancy is urgently required in
the public interest, or when the vacancy is not permanent,
in which cases temporary appointments of non-eligibles
may be made in the absence of eligibles actually and
immediately available.
(8) The appropriate examinations herein referred to shall
be those given by the Commission and the different
agencies: Provided, however, That nothing herein shall
affect those eligibilities acquired prior to the effectivity of
the Civil Service Law: Provided, further, That a person with
a civil service eligibility acquired by successfully passing an
examination shall be qualified for a position requiring a
lower eligibility if he possesses the other requirements for
appointment to such position.
d. Detail
CIVIL SERVICE COMMISSION
BOOK V, E.O. 292
SECTION 26. Personnel Actions. — All appointments in
the career service shall be made only according to merit and
fitness, to be determined as far as practicable by
competitive examinations. A non-eligible shall not be
appointed to any position in the civil service whenever
there is a civil service eligible actually available for and
ready to accept appointment.
As used in this Title, any action denoting the movement or
progress of personnel in the civil service shall be known as
personnel action. Such action shall include appointment
through certification, promotion, transfer, reinstatement,
re-employment, detail, reassignment, demotion, and
separation. All personnel actions shall be in accordance
with such rules, standards, and regulations as may be
promulgated by the Commission.
(1) Appointment through certification. — An appointment
through certification to a position in the civil service, except
as herein otherwise provided, shall be issued to a person
who has been selected from a list of qualified persons
certified by the Commission from an appropriate register of
eligibles, and who meets all the other requirements of the
position.
UNIVERSITY OF SANTO TOMAS
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All such persons must serve a probationary period of six
months following their original appointment and shall
undergo a thorough character investigation in order to
acquire permanent civil service status. A probationer may
be dropped from the service for unsatisfactory conduct or
want of capacity any time before the expiration of the
probationary period: Provided, That such action is
appealable to the Commission.
(2) Promotion. — A promotion is a movement from one
position to another with an increase in duties and
responsibilities as authorized by law and usually
accompanied by an increase in pay. The movement may be
from one department or agency to another or from one
organizational unit to another in the same department or
agency.
(3) Transfer. — A transfer is a movement from one position
to another which is of equivalent rank, level, or salary
without break in service involving the issuance of an
appointment.
It shall not be considered disciplinary when made in the
interest of public service, in which case, the employee
concerned shall be informed of the reasons therefor. If the
employee believes that there is no justification for the
transfer, he may appeal his case to the Commission.
The transfer may be from one department or agency to
another or from one organizational unit to another in the
same department or agency: Provided, however, That any
movement from the non-career service to the career service
shall not be considered a transfer.
(4) Reinstatement. — Any person who has been
permanently appointed to a position in the career service
and who has, through no delinquency or misconduct, been
separated therefrom, may be reinstated to a position in the
same level for which he is qualified.
(5) Reemployment. — Names of persons who have been
appointed permanently to positions in the career service
and who have been separated as a result of reduction in
force or reorganization, shall be entered in a list from which
selection for reemployment shall be made.
(6) Detail. — A detail is the movement of an employee from
one agency to another without the issuance of an
appointment and shall be allowed, only for a limited period
in the case of employees occupying professional, technical
and scientific positions. If the employee believes that there
is no justification for the detail, he may appeal his case to
the Commission. Pending appeal, the decision to detail the
employee shall be executory unless otherwise ordered by
the Commission.
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(7) Reassignment. — An employee may be reassigned
from one organizational unit to another in the same agency:
Provided, That such reassignment
e. Reassignment
CIVIL SERVICE COMMISSION
BOOK V, E.O. 292
(7) Reassignment. — An employee may be reassigned
from one organizational unit to another in the same agency:
Provided, That such reassignment
f. Suspension
2017 Rules on Administrative Cases in the Civil Service
SECTION 28. Preventive Suspension; Nature. —
Preventive suspension is not a penalty. It is designed merely
as a measure of precaution so that the respondent may be
removed from the scene of the alleged
misfeasance/malfeasance/nonfeasance while the case is
being investigated.
SECTION 29. When Issued; Grounds. — The proper
disciplining authority, upon motion or motu proprio, may
issue an order of preventive suspension against the
respondent upon issuance of the formal charge or notice of
charge, or immediately thereafter, if:
A) The charge involves:
1. Dishonesty;
2. Oppression;
3. Grave Misconduct;
4. Neglect in the Performance of Duty;
5. Other offenses punishable by dismissal from the service;
or
6. An administrative offense committed on its second or
third instance and the penalty is dismissal from the service;
and
B) The respondent is in a position to exert undue influence
or pressure on the witnesses and/or tamper with evidence.
In order for a preventive suspension order to be valid, any
of the conditions in Items A and B must be present.
SECTION 30. Alternative to Preventive Suspension. —
The proper disciplining authority may reassign respondent
to another unit of the agency subject to the same periods as
provided in the immediately succeeding section.
SECTION 31. Duration of Preventive Suspension. —
Unless otherwise provided for by law, the disciplining
authority may place the respondent under preventive
suspension for a maximum period of ninety (90) days in the
case of national agencies including government-owned or
UNIVERSITY OF SANTO TOMAS
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controlled corporations with original charters, state
universities and colleges (SUCs) or sixty (60) days in the
case of local government units including local universities
and colleges (LUCs). When the administrative case against
respondent under preventive suspension is not finally
decided by the disciplining authority within the period of
preventive suspension, the respondent shall be
automatically reinstated in the service unless the delay in
the disposition of the case is due to the fault, negligence or
petition of the respondent, in which case, the period of delay
shall not be included in the counting of the period of
preventive suspension. Any period of delay caused by
motions filed by the respondent shall be added to the period
of preventive suspension. Provided, that where the order of
preventive suspension is for a period less than the
maximum period, the disciplining authority undertakes to
finish the formal investigation within the said period and is
precluded from imposing another preventive suspension.
Provided, further, that should the respondent be on
authorized leave, said preventive suspension shall be
deferred or interrupted until such time that said leave has
been fully exhausted.
Provided finally that if the respondent is placed under
preventive suspension in another case, the duration of the
second preventive suspension shall simultaneously run
with the first preventive suspension without prejudice to
the service of the remaining period of the second preventive
suspension.
SECTION 32. Remedies from the Order of Preventive
Suspension. — The respondent may file an appeal to the
Commission within fifteen (15) days from receipt of the
preventive suspension order. Pending appeal, the order
shall be executory. A motion for reconsideration from the
order of preventive suspension shall not be allowed. In case
such motion is filed, the same shall be noted without action
and attached to the records of the case and shall not stay the
execution of the said order nor shall have the effect of
stopping the running of the reglementary period to appeal.
If the preventive suspension is imposed by the Civil Service
Commission, the same is executory unless a Temporary
Restraining Order is issued by the Court of Appeals or the
Supreme Court.
SECTION 33. Payment of Back Wages during Preventive
Suspension. — The payment of back wages during the
period of suspension shall be governed by the following:
a. A declaration by the Commission that an order of
preventive suspension is void on its face entitles the
respondent to immediate reinstatement and payment of
back wages corresponding to the period of the illegal
preventive suspension without awaiting the outcome of the
main case. SDAaTC
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The phrase "void on its face" in relation to a preventive
suspension order, imports any of the following
circumstances:
i. The order was issued by one who is not authorized by law;
ii. The order was not premised on any of the conditions
under Section 29;
iii. The order of preventive suspension was issued without
a formal charge or notice of charge or with defective formal
charge/notice of charge; or
iv. While the order is lawful in the sense that it is based on
the enumerated grounds, but the duration of the imposed
preventive suspension has exceeded the prescribed
periods, the payment of back wages shall correspond to the
excess period only.
b. A declaration of invalidity of a preventive suspension
order not based on any of the reasons enumerated in the
immediately preceding Section 33 (a), shall result in the
reinstatement of the respondent. The payment of back
wages shall, however, await the final outcome of the
principal case. If the decision rendered in the principal case
is for exoneration or when the penalty imposed is
reprimand, the respondent shall be paid back wages.
Otherwise, no back wages shall be paid.
The term "exoneration" contemplates a finding of not
guilty for the offense/s charged. Downgrading of the charge
to a lesser offense shall not be construed as "exoneration"
within the contemplation of these Rules.
Even if the respondents be eventually found innocent of the
charge against them, the same shall not give rise to payment
of back wages corresponding to the period of preventive
suspension in the absence of any finding of its illegality.
ANTI-GRAFT & CORRUPT PRACTICES ACT
RA 3019
SECTION 13. Suspension and loss of benefits. — Any
public officer against whom any criminal prosecution under
a valid information under this Act or under the provisions
of the Revised Penal Code on bribery is pending in court,
shall be suspended from office. Should he be convicted by
final judgment, he shall lose all retirement or gratuity
benefits under any law, but if he is acquitted, he shall be
entitled to reinstatement and to the salaries and benefits
which he failed to receive during suspension, unless in the
meantime administrative proceedings have been filed
against him
UNIVERSITY OF SANTO TOMAS
APEL - GARGANTIEL PROVIS [PRELIMS]
OMBUDSMAN ACT
RA 6770
SECTION 24. Preventive Suspension. — The Ombudsman
or his Deputy may preventively suspend any officer or
employee under his authority pending an investigation, if in
his judgment the evidence of guilt is strong, and (a) the
charge against such officer or employee involves
dishonesty, oppression or grave misconduct or neglect in
the performance of duty; (b) the charges would warrant
removal from the service; or (c) the respondent's continued
stay in office may prejudice the case filed against him.
The preventive suspension shall continue until the case is
terminated by the Office of the Ombudsman but not more
than six (6) months, without pay, except when the delay in
the disposition of the case by the Office of the Ombudsman
is due to the fault, negligence or petition of the respondent,
in which case the period of such delay shall not be counted
in computing the period of suspension herein provided.
LOCAL GOVERNMENT CODE
RA 7160
SECTION 63. Preventive Suspension. — (a) Preventive
suspension may be imposed:
(1) By the President, if the respondent is an elective official
of a province, a highly urbanized or an independent
component city;
(2) By the governor, if the respondent is an elective official
of a component city or municipality; or
(3) By the mayor, if the respondent is an elective official of
the barangay.
(b) Preventive suspension may be imposed at any time after
the issues are joined, when the evidence of guilt is strong,
and given the gravity of the offense, there is great
probability that the continuance in office of the respondent
could influence the witnesses or pose a threat to the safety
and integrity of the records and other evidence: Provided,
That, any single preventive suspension of local elective
officials shall not extend beyond sixty (60) days: Provided,
further, That in the event that several administrative cases
are filed against an elective official, he cannot be
preventively suspended for more than ninety (90) days
within a single year on the same ground or grounds existing
and known at the time of the first suspension.
(c) Upon expiration of the preventive suspension, the
suspended elective official shall be deemed reinstated in
office without prejudice to the continuation of the
proceedings against him, which shall be terminated within
one hundred twenty (120) days from the time he was
formally notified of the case against him. However, if the
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delay in the proceedings of the case is due to his fault,
neglect, or request, other than the appeal duly filed, the
duration of such delay shall not be counted in computing the
time of termination of the case.
(d) Any abuse of the exercise of the power of preventive
suspension shall be penalized as abuse of authority.
5. Sworn Statement of Assets and Liabilities [SALN]
Code of Conduct and Ethical Standards for Public
Officials and Employees
RA 6713
SECTION 8. Statements and Disclosure. — Public officials
and employees have an obligation to accomplish and submit
declarations under oath of, and the public has the right to
know, their assets, liabilities, net worth and financial and
business interests including those of their spouses and of
unmarried children under eighteen (18) years of age living
in their households.
(A) Statements of Assets and Liabilities and Financial
Disclosure. — All public officials and employees, except
those who serve in an honorary capacity, laborers and
casual or temporary workers, shall file under oath their
Statement of Assets, Liabilities and Net Worth and a
Disclosure of Business Interests and Financial Connections
and those of their spouses and unmarried children under
eighteen (18) years of age living in their households.
The two documents shall contain information on the
following:
(a) real property, its improvements, acquisition
costs, assessed value and current fair market value;
(b) personal property and acquisition cost;
(c) all other assets such as investments, cash on
hand or in banks, stocks, bonds, and the like;
(d) liabilities, and;
(e) all business interests and financial connections.
The documents must be filed:
(a) within thirty (30) days after assumption of
office;
(b) on or before April 30, of every year thereafter;
and
(c) within thirty (30) days after separation from
the service.
All public officials and employees required under this
section to file the aforestated documents shall also execute,
within thirty (30) days from the date of their assumption of
office, the necessary authority in favor of the Ombudsman
to obtain from all appropriate government agencies,
including the Bureau of Internal Revenue, such documents
as may show their assets, liabilities, net worth, and also
their business interests and financial connections in
UNIVERSITY OF SANTO TOMAS
APEL - GARGANTIEL PROVIS [PRELIMS]
previous years, including, if possible, the year when they
first assumed any office in the Government.
Husband and wife who are both public officials or
employees may file the required statements jointly or
separately.
The Statements of Assets, Liabilities and Net Worth and the
Disclosure of Business Interests and Financial Connections
shall be filed by:
(1) Constitutional and national elective officials,
with the national office of the Ombudsman;
(2) Senators and Congressmen, with the
Secretaries of the Senate and the House of
Representatives, respectively; Justices, with the
Clerk of Court of the Supreme Court; Judges, with
the Court Administrator; and all national executive
officials with the Office of the President.
(3) Regional and local officials and employees, with
the Deputy Ombudsman in their respective
regions;
(4) Officers of the armed forces from the rank of
colonel or naval captain, with the Office of the
President, and those below said ranks, with the
Deputy Ombudsman in their respective regions;
and
(5) All other public officials and employees, defined
in Republic Act No. 3019, as amended, with the Civil
Service Commission.
(B) Identification and disclosure of relatives. — It shall
be the duty of every public official or employee to identify
and disclose, to the best of his knowledge and information,
his relatives in the Government in the form, manner and
frequency prescribed by the Civil Service Commission.
(C) Accessibility of documents. — (1) Any and all
statements filed under this Act, shall be made available for
inspection at reasonable hours.
(2) Such statements shall be made available for
copying or reproduction after ten (10) working
days from the time they are filed as required by
law.
(3) Any person requesting a copy of a statement
shall be required to pay a reasonable fee to cover
the cost of reproduction and mailing of such
statement, as well as the cost of certification.
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(4) Any statement filed under this Act shall be
available to the public for a period of ten (10) years
after receipt of the statement. After such period, the
statement may be destroyed unless needed in an
ongoing investigation.
(D) Prohibited acts. — It shall be unlawful for any person
to obtain or use any statement filed under this Act for:
(a) any purpose contrary to morals or public policy;
(b) any commercial purpose other than by news
and communications media for dissemination to
the general public.
SECTION 11. Penalties. — (a) Any public official or
employee, regardless of whether or not he holds office or
employment in a casual, temporary, holdover, permanent
or regular capacity, committing any violation of this Act
shall be punished with a fine not exceeding the equivalent
of six (6) months' salary or suspension not exceeding one
(1) year, or removal depending on the gravity of the offense
after due notice and hearing by the appropriate body or
agency. If the violation is punishable by a heavier penalty
under another law, he shall be prosecuted under the latter
statute. Violations of Sections 7, 8 or 9 of this Act shall be
punishable with imprisonment not exceeding five (5) years,
or a fine not exceeding five thousand pesos (P5,000), or
both, and, in the discretion of the court of competent
jurisdiction, disqualification to hold public office.
(b) Any violation hereof proven in a proper administrative
proceeding shall be sufficient cause for removal or
dismissal of a public official or employee, even if no criminal
prosecution is instituted against him.
(c) Private individuals who participate in conspiracy as co-
principals, accomplices or accessories, with public officials
or employees, in violation of this Act, shall be subject to the
same penal liabilities as the public officials or employees
and shall be tried jointly with them.
(d) The official or employee concerned may bring an action
against any person who obtains or uses a report for any
purpose prohibited by Section 8 (D) of this Act. The Court in
which such action is brought may assess against such
person a penalty in any amount not to exceed twenty-five
thousand pesos (P25,000). If another sanction hereunder or
under any other law is heavier, the latter shall apply.
UNIVERSITY OF SANTO TOMAS
APEL - GARGANTIEL PROVIS [PRELIMS]
Anti-Graft & Corrupt Practices Act
RA 3019
SECTION 7. Statement of assets and liabilities. — Every
public officer, within thirty days after the approval of this
Act or after assuming office, and within the month of
January of every other year thereafter, as well as upon the
expiration of his term of office, or upon his resignation or
separation from office, shall prepare and file with the office
of the corresponding Department Head, or in the case of a
Head of Department or chief of an independent office, with
the Office of the President, or in the case of members of the
Congress and the officials and employees thereof, with the
Office of the Secretary of the corresponding House, a true
detailed and sworn statement of assets and liabilities,
including a statement of the amounts and sources of his
income, the amounts of his personal and family expenses
and the amount of income taxes paid for the next preceding
calendar year: Provided, That public officers assuming
office less than two months before the end of the calendar
year, may file their first statements in the following months
of January.
SECTION 8. Dismissal due to unexplained wealth. — If in
accordance with the provisions of Republic Act Numbered
One thousand three hundred seventy-nine, a public official
has been found to have acquired during his incumbency,
whether in his name or in the name of other persons, an
amount of property and/or money manifestly out of
proportion to his salary and to his other lawful income, that
fact shall be a ground for dismissal or removal. Properties
in the name of the spouse and unmarried children of such
public official may be taken into consideration, when their
acquisition through legitimate means cannot be
satisfactorily shown. Bank deposits shall be taken into
consideration in the enforcement of this section,
notwithstanding any provision of law to the contrary.
SECTION 11. Prescription of offenses. — All offenses
punishable under this Act shall prescribe in ten years.
6. Unexplained or ill-gotten wealth
ARTICLE XI, 1987 CONSTITUTION
SECTION 15. The right of the State to recover properties
unlawfully acquired by public officials or employees, from
them or from their nominees or transferees, shall not be
barred by prescription, laches, or estoppel.
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R.A. 1379
AN ACT DECLARING FORFEITURE IN FAVOR OF THE
STATE ANY PROPERTY FOUND TO HAVE BEEN
UNLAWFULLY ACQUIRED BY ANY PUBLIC OFFICER OR
EMPLOYEE AND PROVIDING FOR THE PROCEEDINGS
THEREFOR
SECTION 1. Definitions.
(a) For the purposes of this Act, a "public officer or
employee" means any person holding any public
office or employment by virtue of an appointment,
election or contract, and any person holding any
office or employment, by appointment or contract,
in any State owned or controlled corporation or
enterprise.
(b) "Other legitimately acquired property" means
any real or personal property, money or securities
which the respondent has at any time acquired by
inheritance and the income thereof, or by gift inter
vivos before his becoming a public officer or
employee, or any property (or income thereof)
already pertaining to him when he qualified for
public office or employment, or the fruits and
income of the exclusive property of the
respondent's spouse. It shall not include:
1. Property unlawfully acquired by the respondent,
but its ownership is concealed by its being
recorded in the name of, or held by, the
respondent's spouse, ascendants, descendants,
relatives, or any other person.
2. Property unlawfully acquired by the respondent,
but transferred by him to another person or
persons on or after the effectivity of this Act.
3. Property donated to the respondent during his
incumbency, unless he can prove to the satisfaction
of the court that the donation is lawful.
SECTION 2. Filing of petition. — Whenever any public
officer or employee has acquired during his incumbency an
amount of property which is manifestly out of proportion to
his salary as such public officer or employee and to his other
lawful income and the income from legitimately acquired
property, said property shall be presumed prima facie to
have been unlawfully acquired. The Solicitor General, upon
complaint by any taxpayer to the city or provincial fiscal
who shall conduct a previous inquiry similar to preliminary
investigations in criminal cases and shall certify to the
Solicitor General that there is reasonable ground to believe
that there has been committed a violation of this Act and the
respondent is probably guilty thereof, shall file, in the name
UNIVERSITY OF SANTO TOMAS
APEL - GARGANTIEL PROVIS [PRELIMS]
and on behalf of the Republic of the Philippines, in the Court
of First Instance of the city or province where said public
officer or employee resides or holds office, a petition for a
writ commanding said officer or employee to show cause
why the property aforesaid, or any part thereof, should not
be declared property of the State: Provided, That no such
petition shall be filed within one year before any general
election or within three months before any special election.
The resignation, dismissal or separation of the officer or
employee from his office or employment in the Government
or in the Government-owned or controlled corporation
shall not be a bar to the filing of the petition: Provided,
however, That the right to file such petition shall prescribe
after four years from the date of the resignation, dismissal
or separation or expiration of the term of the office or
employee concerned, except as to those who have ceased to
hold office within ten years prior to the approval of this Act,
in which case the proceedings shall prescribe after four
years from the approval hereof.
SECTION 3. The petition. — The petition shall contain the
following information:
(a) The name and address of the respondent.
(b) The public officer or employment he holds and
such other public offices or employment which he
has previously held.
(c) The approximate amount of property he has
acquired during his incumbency in his past and
present offices and employments.
(d) A description of said property, or such thereof
as has been identified by the Solicitor General.
(e) The total amount of his government salary and
other proper earnings and incomes from
legitimately acquired property, and
(f) Such other information as may enable the court
to determine whether or not the respondent has
unlawfully acquired property during his
incumbency.
SECTION 4. Period for the answer. — The respondent
shall have a period of fifteen days within which to present
his answer.
SECTION 5. Hearing. — The Court shall set a date for a
hearing, which may be open to the public, and during which
the respondent shall be given ample opportunity to explain,
to the satisfaction of the court, how he has acquired the
property in question.
SECTION 6. Judgment. — If the respondent is unable to
show to the satisfaction of the court that he has lawfully
acquired the property in question, then the court shall
declare such property, forfeited in favor of the State, and by
virtue of such judgment the property aforesaid shall
become property of the State: Provided, That no judgment
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shall be rendered within six months before any general
election or within three months before any special election.
The Court may, in addition, refer this case to the
corresponding Executive Department for administrative or
criminal action, or both.
SECTION 7. Appeal. — The parties may appeal from the
judgment of the Court of First Instance as provided in the
Rules of Court for appeals in civil cases.
SECTION 8. Protection against self-incrimination. —
Neither the respondent nor any other person shall be
excused from attending and testifying or from producing
books, papers, correspondence, memoranda and other
records on the ground that the testimony or evidence,
documentary or otherwise, required of him may tend to
incriminate him or subject him to prosecution; but no
individual shall be prosecuted criminally for or on account
of any transaction, matter or thing concerning which he is
compelled, after having claimed his privilege against self-
incrimination, to testify or produce evidence, documentary
or otherwise, except that such individual so testifying shall
not be exempt from prosecution and conviction for perjury
or false testimony committed in so testifying or from
administrative proceedings.
SECTION 9. Immunity. — The Solicitor General may grant
immunity from criminal prosecution to any person who
testifies to the unlawful manner in which the respondent
has acquired any of the property in question in cases where
such testimony is necessary to prove violations of this Act.
SECTION 10. Effect of record of title. — The fact that any
real property has been recorded in the Registry of Property
or office of the Register of Deeds in the name of the
respondent or of any person mentioned in paragraphs (1)
and (2) of subsection (b) of section one hereof shall not
prevent the rendering of the judgment referred to in section
six of this Act.
SECTION 11. Laws on prescription. — The laws
concerning acquisitive prescription and limitation of
actions cannot be invoked by, nor shall they benefit the
respondent, in respect of any property unlawfully acquired
by him.
SECTION 12. Penalties. — Any public officer or employee
who shall, after the effective date of this Act, transfer or
convey any unlawfully acquired property shall be repressed
with imprisonment for a term not exceeding five years, or a
fine not exceeding ten thousand pesos, or both such
imprisonment and fine. The same repression shall be
imposed upon any person who shall knowingly accept such
transfer or conveyance.
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SECTION 13. Separability of provisions. — If any
provision of this Act or the application thereof to any person
or circumstance, is held invalid, the remainder of the Act
and the application of such provision to other persons or
circumstances shall not be affected thereby.
SECTION 14. Effective date. — This Act shall take effect on
its approval, and shall apply not only to property thereafter
unlawfully acquired but also to property unlawfully
acquired before the effective date of this Act.
7. Rights
a. Security of Tenure
BOOK V, E.O. 292
SECTION 46. Discipline: General Provisions. — (a) No
officer or employee in the Civil Service shall be suspended
or dismissed except for cause as provided by law and after
due process.
(b) The following shall be grounds for disciplinary action:
(1) Dishonesty;
(2) Oppression;
(3) Neglect of duty;
(4) Misconduct;
(5) Disgraceful and immoral conduct;
(6) Being notoriously undesirable;
(7) Discourtesy in the course of official duties;
(8) Inefficiency and incompetence in the
performance of official duties;
(9) Receiving for personal use of a fee, gift or other
valuable thing in the course of official duties or in
connection therewith when such fee, gift, or other
valuable thing is given by any person in the hope or
expectation of receiving a favor or better treatment
than that accorded other persons, or committing
acts punishable under the anti-graft laws;
(10) Conviction of a crime involving moral
turpitude;
(11) Improper or unauthorized solicitation of
contributions from subordinate employees and by
teachers or school officials from school children;
(12) Violation of existing Civil Service Law and
rules or reasonable office regulations;
(13) Falsification of official document;
(14) Frequent unauthorized absences or tardiness
in reporting for duty, loafing or frequent
unauthorized absences from duty during regular
office hours;
(15) Habitual drunkenness;
(16) Gambling prohibited by law;
(17) Refusal to perform official duty or render
overtime service;
(18) Disgraceful, immoral or dishonest conduct
prior to entering the service;
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(19) Physical or mental incapacity or disability due
to immoral or vicious habits;
(20) Borrowing money by superior officers from
subordinates or lending by subordinates to
superior officers;
(21) Lending money at usurious rates of interest;
(22) Willful failure to pay just debts or willful
failure to pay taxes due to the government;
(23) Contracting loans of money or other property
from persons with whom the office of the employee
concerned has business relations;
(24) Pursuit of private business, vocation or
profession without the permission required by
Civil Service rules and regulations;
(25) Insubordination;
(26) Engaging directly or indirectly in partisan
political activities by one holding a non-political
office;
(27) Conduct prejudicial to the best interest of the
service;
(28) Lobbying for personal interest or gain in
legislative halls or offices without authority;
(29) Promoting the sale of tickets in behalf of
private enterprises that are not intended for
charitable or public welfare purposes and even in
the latter cases if there is no prior authority;
(30) Nepotism as defined in Section 60 of this Title.
(c) Except when initiated by the disciplining authority, no
complaint against a civil service official or employee shall
be given due course unless the same is in writing and
subscribed and sworn to by the complainant.
(d) In meting out punishment, the same penalties shall be
imposed for similar offenses and only one penalty shall be
imposed in each case. The disciplining authority may
impose the penalty of removal from the service, demotion
in rank, suspension for not more than one year without pay,
fine in an amount not exceeding six months' salary, or
reprimand.
1987 Constitution
ARTICLE III
SECTION 8. The right of the people, including those
employed in the public and private sectors, to form unions,
associations, or societies for purposes not contrary to law
shall not be abridged.
ARTICLE IX-B
Sec. 2. x x x
(5) The right to self-organization shall not be denied to
government employees.
UNIVERSITY OF SANTO TOMAS
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d. Leaves of Absence
BOOK V, E.O. 292
SECTION 60. Leave of Absence.—Officers and employees
in the Civil Service shall be entitled to leave of absence, with
or without pay, as may be provided by law and the rules and
regulations of the Civil Service Commission in the interest
of the service.
8. Liabilities
LOCAL GOVERNMENT CODE
E.O. 292
BOOK I
SECTION 38. Liability of Superior Officers.—(1) A public
officer shall not be civilly liable for acts done in the
performance of his official duties, unless there is a clear
showing of bad faith, malice or gross negligence.
(2) Any public officer who, without just cause, neglects to
perform a duty within a period fixed by law or regulation,
or within a reasonable period if none is fixed, shall be liable
for damages to the private party concerned without
prejudice to such other liability as may be prescribed by
law.
(3) A head of a department or a superior officer shall not be
civilly liable for the wrongful acts, omissions of duty,
negligence, or misfeasance of his subordinates, unless he
has actually authorized by written order the specific act or
misconduct complained of.
SECTION 39. Liability of Subordinate Officers. —No
subordinate officer or employee shall be civilly liable for
acts done by him in good faith in the performance of his
duties. However, he shall be liable for willful or negligent
acts done by him which are contrary to law, morals, public
policy and good customs even if he acted under orders or
instructions of his superiors.
BOOK V
SECTION 46. Discipline: General Provisions.
xxx
(d) In meting out punishment, the same penalties shall be
imposed for similar offenses and only one penalty shall be
imposed in each case. The disciplining authority may
impose the penalty of removal from the service, demotion
in rank, suspension for not more than one year without pay,
fine in an amount not exceeding six months’ salary, or
reprimand.
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CIVIL CODE
Article 27. Any person suffering material or moral loss
because a public servant or employee refuses or neglects,
without just cause, to perform his official duty may file an
action for damages and other relief against the latter,
without prejudice to any disciplinary administrative action
that may be taken.
Article 32. Any public officer or employee, or any private
individual, who directly or indirectly obstructs, defeats,
violates or in any manner impedes or impairs any of the
following rights and liberties of another person shall be
liable to the latter for damages:
(1) Freedom of religion;
(2) Freedom of speech;
(3) Freedom to write for the press or to maintain a
periodical publication;
(4) Freedom from arbitrary or illegal detention;
(5) Freedom of suffrage;
(6) The right against deprivation of property
without due process of law;
(7) The right to a just compensation when private
property is taken for public use;
(8) The right to the equal protection of the laws;
(9) The right to be secure in one's person, house,
papers, and effects against unreasonable searches
and seizures;
(10) The liberty of abode and of changing the
same;
(11) The privacy of communication and
correspondence;
(12) The right to become a member of
associations or societies for purposes not contrary
to law;
(13) The right to take part in a peaceable
assembly to petition the Government for redress
of grievances;
UNIVERSITY OF SANTO TOMAS
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(14) The right to be a free from involuntary
servitude in any form;
(15) The right of the accused against excessive
bail;
(16) The right of the accused to be heard by
himself and counsel, to be informed of the nature
and cause of the accusation against him, to have a
speedy and public trial, to meet the witnesses face
to face, and to have compulsory process to secure
the attendance of witness in his behalf;
(17) Freedom from being compelled to be a
witness against one's self, or from being forced to
confess guilt, or from being induced by a promise
of immunity or reward to make such confession,
except when the person confessing becomes a
State witness;
(18) Freedom from excessive fines, or cruel and
unusual punishment, unless the same is imposed
or inflicted in accordance with a statute which has
not been judicially declared unconstitutional; and
(19) Freedom of access to the courts.
In any of the cases referred to in this article,
whether or not the defendant's act or omission
constitutes a criminal offense, the aggrieved party
has a right to commence an entirely separate and
distinct civil action for damages, and for other
relief. Such civil action shall proceed
independently of any criminal prosecution (if the
latter be instituted), and may be proved by a
preponderance of evidence.
The indemnity shall include moral damages. Exemplary
damages may also be adjudicated.
The responsibility herein set forth is not demandable from
a judge unless his act or omission constitutes a violation of
the Penal Code or other penal statute.
Article 34. When a member of a city or municipal police
force refuses or fails to render aid or protection to any
person in case of danger to life or property, such peace
officer shall be primarily liable for damages, and the city or
municipality shall be subsidiarily responsible therefor. The
civil action herein recognized shall be independent of any
criminal proceedings, and a preponderance of evidence
shall suffice to support such action.
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RULE 131, RULES OF COURT
Section 3. Disputable presumptions. — The following
presumptions are satisfactory if uncontradicted, but may
be contradicted and overcome by other evidence:
xxx
(m) That official duty has been regularly performed;
OMBUDSMAN ACT
RA 6770
Section 35. Malicious Prosecution. — Any person who,
actuated by malice or gross bad faith, files a completely
unwarranted or false complaint against any government
official or employee shall be subject to a penalty of one (1)
month and one (1) day to six (6) months imprisonment and
a fine not exceeding Five thousand pesos (P5,000.00).
9. Grounds for Disciplinary Actions
LOCAL GOVERNMENT CODE
E.O. 292, BOOK V
ECTION 54. Limitation on Appointment.—(1) No elective
official shall be eligible for appointment or designation in
any capacity to any public office or position during his
tenure.
(2) No candidate who has lost in any election shall, within
one year after election, be appointed to any office in the
Government or any government-owned or controlled
corporations or in any of its subsidiaries.
(3) Unless otherwise allowed by law or by the primary
functions of his position, no appointive official shall hold
any other office or employment in the Government or any
subdivision, agency or instrumentality thereof, including
government-owned or controlled corporations or their
subsidiaries.
SECTION 55. Political Activity.—No officer or employee in
the Civil Service including members of the Armed Forces,
shall engage directly or indirectly in any partisan political
activity or take part in any election except to vote nor shall
he use his official authority or influence to coerce the
political activity of any other person or body. Nothing
herein provided shall be understood to prevent any officer
or employee from expressing his views on current political
problems or issues, or from mentioning the names of
candidates for public office whom he supports: Provided,
That public officers and employees holding political offices
UNIVERSITY OF SANTO TOMAS FACULTY OF CIVIL LAW
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may take part in political and electoral activities but it shall transfer, no promotion or salary increase shall be allowed
be unlawful for them to solicit contributions from their in favor of the relative or relatives who were appointed in
subordinates or subject them to any of the acts involving violation of these provisions.
subordinates prohibited in the Election Code.
2017 RULES ON ADMINISTRATIVE CASES
SECTION 56. Additional or Double Compensation.—No IN THE CIVIL SERVICE
elective or appointive public officer or employee shall
receive additional or double compensation unless No convenient copies found; refer to separate PPT file:
specifically authorized by law nor accept without the APEL - [C] RACCS 2017
consent of the President, any present, emolument, office, or
title of any kind from any foreign state.

Pensions and gratuities shall not be considered as

additional, double or indirect compensation.

SECTION 57. Limitations on Employment of Laborers.—

Laborers, whether skilled, semi-skilled or unskilled, shall
not be assigned to perform clerical duties.

SECTION 58. Prohibition on Detail or Reassignment.—No

detail or reassignment whatever shall be made within three
(3) months before any election.

SECTION 59. Nepotism.—(1) All appointments in the

national, provincial, city and municipal governments or in
any branch or instrumentality thereof, including
government-owned or controlled corporations, made in
favor of a relative of the appointing or recommending
authority, or of the chief of the bureau or office, or of the
persons exercising immediate supervision over him, are
hereby prohibited.

As used in this Section, the word “relative” and members of

the family referred to are those related within the third
degree either of consanguinity or of affinity.

(2) The following are exempted from the operation of the

rules on nepotism: (a) persons employed in a confidential
capacity, (b) teachers, (c) physicians, and (d) members of
the Armed Forces of the Philippines: Provided, however,
That in each particular instance full report of such
appointment shall be made to the Commission.

The restriction mentioned in subsection (1) shall not be

applicable to the case of a member of any family who, after
his or her appointment to any position in an office or
bureau, contracts marriage with someone in the same office
or bureau, in which event the employment or retention
therein of both husband and wife may be allowed.

(3) In order to give immediate effect to these provisions,

cases of previous appointments which are in contravention
hereof shall be corrected by transfer, and pending such

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h. Partisan Political Activity
1987 Constitution
ARTICLE IX-B
CIVIL SERVICE COMMISSION
Sec. 2 (4). No officer or employee in the civil service shall
engage, directly or indirectly, in any electioneering or
partisan political campaign.
E.O. 292 BOOK V
CHAPTER 7
DISCIPLINE
SECTION 46. Discipline: General Provisions.— (b) The
following shall be grounds for disciplinary action:
xxx
(26) Engaging directly or indirectly in partisan political
activities by one holding a non-political office;
xxx
CHAPTER 8
PROHIBITION
SECTION 55. Political Activity.—No officer or employee in
the Civil Service including members of the Armed Forces,
shall engage directly or indirectly in any partisan political
activity or take part in any election except to vote nor shall
he use his official authority or influence to coerce the
political activity of any other person or body. Nothing
herein provided shall be understood to prevent any officer
or employee from expressing his views on current political
problems or issues, or from mentioning the names of
candidates for public office whom he supports: Provided,
That public officers and employees holding political offices
may take part in political and electoral activities but it shall
be unlawful for them to solicit contributions from their
subordinates or subject them to any of the acts involving
subordinates prohibited in the Election Code.
j. Contracting Loans of Money
E.O. 292 BOOK V
CHAPTER 7
DISCIPLINE
SECTION 46. Discipline: General Provisions.— (b) The
following shall be grounds for disciplinary action:
xxx
(23) Contracting loans of money or other property from
persons with whom the office of the employee concerned
has business relations;
xxx
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i. Unlawful Interest
ANTI-GRAFT & CORRUPT PRACTICES ACT
RA 3019
Section 3. Corrupt practices of public officers. In
addition to acts or omissions of public officers already
penalized by existing law, the following shall constitute
corrupt practices of any public officer and are hereby
declared to be unlawful:
(h) Director or indirectly having financing or pecuniary
interest in any business, contract or transaction in
connection with which he intervenes or takes part in his
official capacity, or in which he is prohibited by the
Constitution or by any law from having any interest.
Code of Conduct and Ethical Standards
for Public Officials and Employees
R.A. 6713
Section 3. Definition of Terms. As used in this Act, the
term:
xxx
(i) "Conflict of interest" arises when a public official or
employee is a member of a board, an officer, or a substantial
stockholder of a private corporation or owner or has a
substantial interest in a business, and the interest of such
corporation or business, or his rights or duties therein, may
be opposed to or affected by the faithful performance of
official duty.
xxx
Section 7. Prohibited Acts and Transactions. - In addition
to acts and omissions of public officials and employees now
prescribed in the Constitution and existing laws, the
following shall constitute prohibited acts and transactions
of any public official and employee and are hereby declared
to be unlawful:
(a) Financial and material interest. - Public officials and
employees shall not, directly or indirectly, have any
financial or material interest in any transaction requiring
the approval of their office.
xxx
Section 9. Divestment. - A public official or employee shall
avoid conflicts of interest at all times. When a conflict of
interest arises, he shall resign from his position in any
private business enterprise within thirty (30) days from his
assumption of office and/or divest himself of his
shareholdings or interest within sixty (60) days from such
assumption.
The same rule shall apply where the public official or
employee is a partner in a partnership.
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The requirement of divestment shall not apply to those who personnel employed by the casinos who may be allowed to
serve the Government in an honorary capacity nor to stay in the premises;
laborers and casual or temporary workers.
b) Members of the Philippine National Police (PNP) and
Revised Penal Code Armed Forces of the Philippines (AFP), including the Army,
Navy, and Air Force; and
Chapter Three
FRAUDS AND ILLEGAL EXACTIONS & TRANSACTIONS c) Persons under 21 years of age or students of any school,
Article 215. Prohibited transactions. - The penalty of college or university in the Philippines.
prision correccional in its maximum period or a fine ranging
from 200 to 1,000 pesos, or both, shall be imposed upon any r. Being Notoriously Undesirable
appointive public officer who, during his incumbency, shall E.O. 292 BOOK V
directly or indirectly become interested in any transaction
of exchange or speculation within the territory subject to CHAPTER 6
his jurisdiction. DISCIPLINE
SECTION 46. Discipline: General Provisions.— x x x (b)
Article 216. Possession of prohibited interest by a The following shall be grounds for disciplinary action:
public officer. - The penalty of arresto mayor in its medium
period to prision correccional in its minimum period, or a (6) Being notoriously undesirable;
fine ranging from 200 to 1,000 pesos, or both, shall be
imposed upon a public officer who directly or indirectly, 10. DISCPLINING AUTHORITY
shall become interested in any contract or business in which a. Office of the President
it is his official duty to intervene. 1987 Constitution

This provisions is applicable to experts, arbitrators and ARTICLE VII

private accountants who, in like manner, shall take part in
any contract or transaction connected with the estate or
property in appraisal, distribution or adjudication of which
they shall have acted, and to the guardians and executors
with respect to the property belonging to their wards or
estate.
EXECUTIVE DEPARTMENT
Section 17. The President shall have control of all the
executive departments, bureaus, and offices. He shall
ensure that the laws be faithfully executed.
E.O. 292

m. Failure to Act Promptly on Letters & Requests BOOK III: CHAPTER 5

Code of Conduct and Ethical Standards
for Public Officials and Employees
R.A. 6713
Section 5. Duties of Public Officials and Employees. - In
the performance of their duties, all public officials and
employees are under obligation to:
(a) Act promptly on letters and requests. - All public
officials and employees shall, within fifteen (15) working
days from receipt thereof, respond to letters, telegrams or
other means of communications sent by the public. The
reply must contain the action taken on the request.
q. Gambling
Office of the President M.C. No. 8, 28 August 2001
POWER OF CONTROL
SECTION 1. Power of Control.—The President shall have
control of all the executive departments, bureaus, and
offices. He shall ensure that the laws be faithfully executed.
BOOK V: CHAPTER 7
DISCIPLINE
SECTION 53. Removal of Administrative Penalties or
Disabilities.—In meritorious cases and upon
recommendation of the Commission, the President may
commute or remove administrative penalties or disabilities
imposed upon officers or employees in disciplinary cases,
subject to such terms and conditions as he may impose in
the interest of the service.

WHEREAS, the following persons are not allowed to stay

and/or play at the gambling casinos:

a) Government officials connected directly with the

operation of the government or any of its agencies, save

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b. Civil Service Commission

1987 Constitution
Section 2. (1) The civil service embraces all branches,
subdivisions, instrumentalities, and agencies of the
Government, including government-owned or controlled
corporations with original charters.
xxx
(9) Receiving for personal use of a fee, gift or other valuable
thing in the course of official duties or in connection
therewith when such fee, gift, or other valuable thing is
given by any person in the hope or expectation of receiving
a favor or better treatment than that accorded other
persons, or committing acts punishable under the anti-graft
laws;

E.O. 292 BOOK V (10) Conviction of a crime involving moral turpitude;

CHAPTER 3 (11) Improper or unauthorized solicitation of contributions

ORGANIZATION & FUNCTIONS OF CSC
SECTION 12. Powers and Functions.—The Commission
shall have the following powers and functions:
xxx
(11) Hear and decide administrative cases instituted by or
brought before it directly or on appeal, including contested
appointments, and review decisions and actions of its
offices and of the agencies attached to it. Officials and
employees who fail to comply with such decisions, orders,
or rulings shall be liable for contempt of the Commission. Its
decisions, orders, or rulings shall be final and executory.
Such decisions, orders, or rulings may be brought to the
Supreme Court on certiorari by the aggrieved party within
thirty (30) days from receipt of a copy thereof;
xxx
CHAPTER 7
DISCIPLINE
SECTION 46. Discipline: General Provisions.—(a) No
officer or employee in the Civil Service shall be suspended
or dismissed except for cause as provided by law and after
due process.
from subordinate employees and by teachers or school
officials from school children;
(12) Violation of existing Civil Service Law and rules or
reasonable office regulations;
(13) Falsification of official document;
(14) Frequent unauthorized absences or tardiness in
reporting for duty, loafing or frequent unauthorized
absences from duty during regular office hours;
(15) Habitual drunkenness;
(16) Gambling prohibited by law;
(17) Refusal to perform official duty or render overtime
service;
(18) Disgraceful, immoral or dishonest conduct prior to
entering the service;
(19) Physical or mental incapacity or disability due to
immoral or vicious habits;

(b) The following shall be grounds for disciplinary action: (20) Borrowing money by superior officers from
subordinates or lending by subordinates to superior
(1) Dishonesty; officers;

(2) Oppression; (21) Lending money at usurious rates of interest;

(3) Neglect of duty; (22) Willful failure to pay just debts or willful failure to pay
taxes due to the government;
(4) Misconduct;
(23) Contracting loans of money or other property from
(5) Disgraceful and immoral conduct; persons with whom the office of the employee concerned
has business relations;
(6) Being notoriously undesirable;
(24) Pursuit of private business, vocation or profession
(7) Discourtesy in the course of official duties; without the permission required by Civil Service rules and
regulations;
(8) Inefficiency and incompetence in the performance of
official duties; (25) Insubordination;

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(26) Engaging directly or indirectly in partisan political
activities by one holding a non-political office;
(27) Conduct prejudicial to the best interest of the service;
(28) Lobbying for personal interest or gain in legislative
halls or offices without authority;
(29) Promoting the sale of tickets in behalf of private
enterprises that are not intended for charitable or public
welfare purposes and even in the latter cases if there is no
prior authority;
(30) Nepotism as defined in Section 60 of this Title.
(c) Except when initiated by the disciplining authority, no
complaint against a civil service official or employee shall
be given due course unless the same is in writing and
subscribed and sworn to by the complainant.
(d) In meting out punishment, the same penalties shall be
imposed for similar offenses and only one penalty shall be
imposed in each case. The disciplining authority may
impose the penalty of removal from the service, demotion
in rank, suspension for not more than one year without pay,
fine in an amount not exceeding six months’ salary, or
reprimand.
SECTION 47. Disciplinary Jurisdiction.—(1) The
Commission shall decide upon appeal all administrative
disciplinary cases involving the imposition of a penalty of
suspension for more than thirty days, or fine in an amount
exceeding thirty days’ salary, demotion in rank or salary or
transfer, removal or dismissal from office. A complaint may
be filed directly with the Commission by a private citizen
against a government official or employee in which case it
may hear and decide the case or it may deputize any
department or agency or official or group of officials to
conduct the investigation. The results of the investigation
shall be submitted to the Commission with
recommendation as to the penalty to be imposed or other
action to be taken.
(2) The Secretaries and heads of agencies and
instrumentalities, provinces, cities and municipalities shall
have jurisdiction to investigate and decide matters
involving disciplinary action against officers and employees
under their jurisdiction. Their decisions shall be final in case
the penalty imposed is suspension for not more than thirty
days or fine in an amount not exceeding thirty days’ salary.
In case the decision rendered by a bureau or office head is
appealable to the Commission, the same may be initially
appealed to the department and finally to the Commission
and pending appeal, the same shall be executory except
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when the penalty is removal, in which case the same shall
be executory only after confirmation by the Secretary
concerned.
(3) An investigation may be entrusted to regional director
or similar officials who shall make the necessary report and
recommendation to the chief of bureau or office or
department within the period specified in Paragraph (4) of
the following Section.
(4) An appeal shall not stop the decision from being
executory, and in case the penalty is suspension or removal,
the respondent shall be considered as having been under
preventive suspension during the pendency of the appeal in
the event he wins an appeal.
SECTION 48. Procedures in Administrative Cases
Against Non-Presidential Appointees.—(1)
Administrative proceedings may be commenced against a
subordinate officer or employee by the Secretary or head of
office of equivalent rank, or head of local government, or
chiefs of agencies, or regional directors, or upon sworn,
written complaint of any other person.
(2) In the case of a complaint filed by any other persons, the
complainant shall submit sworn statements covering his
testimony and those of his witnesses together with his
documentary evidence. If on the basis of such papers a
prima facie case is found not to exist, the disciplining
authority shall dismiss the case. If a prima facie case exists,
he shall notify the respondent in writing, of the charges
against the latter, to which shall be attached copies of the
complaint, sworn statements and other documents
submitted, and the respondent shall be allowed not less
than seventy-two hours after receipt of the complaint to
answer the charges in writing under oath, together with
supporting sworn statements and documents, in which he
shall indicate whether or not he elects a formal
investigation if his answer is not considered satisfactory. If
the answer is found satisfactory, the disciplining authority
shall dismiss the case.
(3) Although a respondent does not request a formal
investigation, one shall nevertheless be conducted when
from the allegations of the complaint and the answer of the
respondent, including the supporting documents, the
merits of the case cannot be decided judiciously without
conducting such an investigation.
(4) The investigation shall be held not earlier than five days
nor later than ten days from the date of receipt of
respondent’s answer by the disciplining authority, and shall
be finished within thirty days from the filing of the charges,
unless the period is extended by the Commission in
meritorious cases. The decision shall be rendered by the
UNIVERSITY OF SANTO TOMAS
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disciplining authority within thirty days from the
termination of the investigation or submission of the report
of the investigator, which report shall be submitted within
fifteen days from the conclusion of the investigation.
(5) The direct evidence for the complainant and the
respondent shall consist of the sworn statement and
documents submitted in support of the complaint or
answer, as the case may be, without prejudice to the
presentation of additional evidence deemed necessary but
was unavailable at the time of the filing of the complaint or
answer, upon which the cross-examination, by respondent
and the complainant, respectively, shall be based. Following
cross-examination, there may be redirect and recross-
examination.
(6) Either party may avail himself of the services of counsel
and may require the attendance of witnesses and the
production of documentary evidence in his favor through
the compulsory process of subpoena or subpoena duces
tecum.
(7) The investigation shall be conducted only for the
purpose of ascertaining the truth and without necessarily
adhering to technical rules applicable in judicial
proceedings. It shall be conducted by the disciplining
authority concerned or his authorized representative.
The phrase “any other party” shall be understood to be a
complainant other than those referred to in subsection (a)
hereof.
SECTION 49. Appeals.—(1) Appeals, where allowable,
shall be made by the party adversely affected by the
decision within fifteen days from receipt of the decision
unless a petition for reconsideration is seasonably filed,
which petition shall be decided within fifteen days. Notice
of the appeal shall be filed with the disciplining office, which
shall forward the records of the case, together with the
notice of appeal, to the appellate authority within fifteen
days from filing of the notice of appeal, with its comment, if
any. The notice of appeal shall specifically state the date of
the decision appealed from and the date of receipt thereof.
It shall also specifically set forth clearly the grounds relied
upon for excepting from the decision.
(2) A petition for reconsideration shall be based only on any
of the following grounds: (a) new evidence has been
discovered which materially affects the decision rendered;
(b) the decision is not supported by the evidence on record;
or (c) errors of law or irregularities have been committed
which are prejudicial to the interest of the respondent:
Provided, That only one petition for reconsideration shall
be entertained.
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SECTION 50. Summary Proceedings.—No formal
investigation is necessary and the respondent may be
immediately removed or dismissed if any of the following
circumstances is present:
(1) When the charge is serious and the evidence of guilt is
strong;
(2) When the respondent is a recidivist or has been
repeatedly charged and there is reasonable ground to
believe that he is guilty of the present charge; and
(3) When the respondent is notoriously undesirable.
Resort to summary proceedings by the disciplining
authority shall be done with utmost objectivity and
impartiality to the end that no injustice is committed:
Provided, That removal or dismissal except those by the
President, himself or upon his order, may be appealed to the
Commission.
SECTION 51. Preventive Suspension.—The proper
disciplining authority may preventively suspend any
subordinate officer or employee under his authority
pending an investigation, if the charge against such officer
or employee involves dishonesty, oppression or grave
misconduct, or neglect in the performance of duty, or if
there are reasons to believe that the respondent is guilty of
charges which would warrant his removal from the service.
SECTION 52. Lifting of Preventive Suspension Pending
Administrative Investigation.—When the administrative
case against the officer or employee under preventive
suspension is not finally decided by the disciplining
authority within the period of ninety (90) days after the
date of suspension of the respondent who is not a
presidential appointee, the respondent shall be
automatically reinstated in the service: Provided, That
when the delay in the disposition of the case is due to the
fault, negligence or petition of the respondent, the period of
delay shall not be counted in computing the period of
suspension herein provided.
SECTION 53. Removal of Administrative Penalties or
Disabilities.—In meritorious cases and upon
recommendation of the Commission, the President may
commute or remove administrative penalties or disabilities
imposed upon officers or employees in disciplinary cases,
subject to such terms and conditions as he may impose in
the interest of the service.
c. Head of the Agency
E.O. 292 BOOK V
CHAPTER 7
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DISCIPLINE
SECTION 47. Disciplinary Jurisdiction. x x x (2) The
Secretaries and heads of agencies and instrumentalities,
provinces, cities and municipalities shall have jurisdiction
to investigate and decide matters involving disciplinary
action against officers and employees under their
jurisdiction. Their decisions shall be final in case the penalty
imposed is suspension for not more than thirty days or fine
in an amount not exceeding thirty days’ salary. In case the
decision rendered by a bureau or office head is appealable
to the Commission, the same may be initially appealed to
the department and finally to the Commission and pending
appeal, the same shall be executory except when the penalty
is removal, in which case the same shall be executory only
after confirmation by the Secretary concerned.
d. Ombudsman
1987 Constitution
ARTICLE XI
ACCOUNTABILITY OF PUBLIC OFFICERS
Section 13. The Office of the Ombudsman shall have the
following powers, functions, and duties:
(1) Investigate on its own, or on complaint by any person,
any act or omission of any public official, employee, office or
agency, when such act or omission appears to be illegal,
unjust, improper, or inefficient.
(2) Direct, upon complaint or at its own instance, any public
official or employee of the Government, or any subdivision,
agency or instrumentality thereof, as well as of any
government-owned or controlled corporation with original
charter, to perform and expedite any act or duty required
by law, or to stop, prevent, and correct any abuse or
impropriety in the performance of duties.
(3) Direct the officer concerned to take appropriate action
against a public official or employee at fault, and
recommend his removal, suspension, demotion, fine,
censure, or prosecution, and ensure compliance therewith.
(4) Direct the officer concerned, in any appropriate case,
and subject to such limitations as may be provided by law,
to furnish it with copies of documents relating to contracts
or transactions entered into by his office involving the
disbursement or use of public funds or properties, and
report any irregularity to the Commission on Audit for
appropriate action.
(5) Request any government agency for assistance and
information necessary in the discharge of its
responsibilities, and to examine, if necessary, pertinent
records and documents.
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(6) Publicize matters covered by its investigation when
circumstances so warrant and with due prudence.
(7) Determine the causes of inefficiency, red tape,
mismanagement, fraud, and corruption in the Government
and make recommendations for their elimination and the
observance of high standards of ethics and efficiency.
(8) Promulgate its rules of procedure and exercise such
other powers or perform such functions or duties as may be
provided by law.
OMBUDSMAN ACT
RA 6770
Section 13. Mandate. — The Ombudsman and his
Deputies, as protectors of the people, shall act promptly on
complaints filed in any form or manner against officers or
employees of the Government, or of any subdivision, agency
or instrumentality thereof, including government-owned or
controlled corporations, and enforce their administrative,
civil and criminal liability in every case where the evidence
warrants in order to promote efficient service by the
Government to the people.
Section 21. Official Subject to Disciplinary Authority;
Exceptions. — The Office of the Ombudsman shall have
disciplinary authority over all elective and appointive
officials of the Government and its subdivisions,
instrumentalities and agencies, including Members of the
Cabinet, local government, government-owned or
controlled corporations and their subsidiaries, except over
officials who may be removed only by impeachment or over
Members of Congress, and the Judiciary.
Section 22. Investigatory Power. — The Office of the
Ombudsman shall have the power to investigate any serious
misconduct in office allegedly committed by officials
removable by impeachment, for the purpose of filing a
verified complaint for impeachment, if warranted.
In all cases of conspiracy between an officer or employee of
the government and a private person, the Ombudsman and
his Deputies shall have jurisdiction to include such private
person in the investigation and proceed against such
private person as the evidence may warrant. The officer or
employee and the private person shall be tried jointly and
shall be subject to the same penalties and liabilities.
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11. Termination of Official Relations
c. Resignation
Revised Penal Code
Article 238. Abandonment of office or position. - Any public
officer who, before the acceptance of his resignation, shall
abandon his office to the detriment of the public service
shall suffer the penalty of arresto mayor.
If such office shall have been abandoned in order to evade
the discharge of the duties of preventing, prosecuting or
punishing any of the crime falling within Title One, and
Chapter One of Title Three of Book Two of this Code, the
offender shall be punished by prision correccional in its
minimum and medium periods, and by arresto mayor if the
purpose of such abandonment is to evade the duty of
preventing, prosecuting or punishing any other crime.
ANTI-GRAFT & CORRUPT PRACTICES ACT
RA 3019
Section 12. Termination of office. No public officer shall
be allowed to resign or retire pending an investigation,
criminal or administrative, or pending a prosecution
against him, for any offense under this Act or under the
provisions of the Revised Penal Code on bribery.
OMNIBUS ELECTION CODE OF THE PHILIPPINES
BP 881
Section 66. Candidates holding appointive office or
positions. - Any person holding a public appointive office
or position, including active members of the Armed Forces
of the Philippines, and officers and employees in
government-owned or controlled corporations, shall be
considered ipso facto resigned from his office upon the
filing of his certificate of candidacy.
h. Recall
LOCAL GOVERNMENT CODE
RA 7160 as amended by RA 9244
SECTION 69. By Whom Exercised. – The power of recall
for loss of confidence shall be exercised by the registered
voters of a local government unit to which the local elective
official subject to such recall belongs.
Section 70. Initiation of the Recall Process. -
a. The Recall of any elective provincial, city, municipal
or barangay official shall be commenced by a petition of
a registered voter in the local government unit
concerned and supported by the registered voters in
the local government unit concerned during the
election in which the local official sought to be recalled
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was elected subject to the following percentage
requirements:
1. At least twenty-five percent (25%) in the case of local
government units with a voting population of not more than
twenty thousand (20,000);
2. At least twenty percent (20%) in the case of local
government units with a voting population of at least
twenty thousand (20,000) but not more than seventy-five
thousand (75,000): Provided, That in no case shall the
required petitioners be less than five thousand (5,000);
3. At least fifteen percent (15%) in the case of local
government nits with a voting population of at least
seventy-five thousand (75,000) but not more than three
hundred thousand (300,000): Provided, however, That in
no case shall the required number of petitioners be less than
fifteen thousand (15,000); and
4. At least ten percent (10%) in the case of local government
units with a voting population of over three hundred
thousand (300,000): Provided, however, That in no case
shall the required petitioners be less than forty-five
thousand (45,000).
b. The process of recall shall be effected in accordance
with the following procedure:
1. A written petition for recall duly signed by the
representatives of the petitioners before the election
registrar or his representative, shall be filed with the
Comelec through its office in the local government unit
concerned.
2. The petition to recall shall contain the following:
a. The names and addresses of the petitioners written in
legible form and their signatures;
b. The barangay, city or municipality, local legislative
district and the province to which the petitioners belong;
c. The name of the official sought to be recalled; and
d. A brief narration of the reasons and justifications
therefore:
1. The Comelec shall, within fifteen (15) days from the filing
of the petition, certify to the sufficiency of the required
number of signatures. Failure to obtain the required
number of signatures automatically nullifies the petition;
2. If the petition is found to be sufficient in form, the
Comelec or its duly authorized representative shall, within
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three (3) days form the issuance of the certification, provide
the official sought to be recalled a copy of the petition, cause
its publication a national newspaper of general circulation
and a newspaper of general circulation in the locality, once
a week for three (3) consecutive weeks at the expense of the
petitioners and at the same time post copies thereof in
public and conspicuous places for a period of not less than
ten (10) days nor more than twenty (20) days, for the
purpose of allowing interested parties to examine and
verify the validity of the petition and the authenticity of the
signatures contained therein.
3. The Comelec or its duly authorized representatives shall,
upon issuance of certification, proceed independently with
the verification and authentication of the signatures of the
petitioners and registered voters contained therein.
Representatives of the petitioners and the official sought to
be recalled shall be duly notified and shall have the right to
participate therein as mere observers. The filing of any
challenge or protest shall be allowed within the period
provided in the immediately preceding paragraph and shall
be ruled upon with finality within fifteen (15) days from the
date of filing of such protest or challenge;
4. Upon the lapse of the aforesaid period, the Comelec or its
duly authorized representative shall announce the
acceptance of candidates to the positive and thereafter
prepare the list of candidates which shall include the name
of the official sought to be recalled. [as amended by RA 9244]
SEC. 71. Election on Recall. - Upon the filing of a valid
petition for recall with the appropriate local office of the
Comelec, the Comelec or its duly authorized representative
shall set the date of the election or recall, which shall not be
later than thirty (30) days upon the completion of the
procedure outlined in the preceding article, in the case of
the barangay, city or municipal officials, and forty-five (45)
days in the case of provincial officials. The officials sought
to be recalled shall automatically be considered as duly
registered candidate or candidates to the pertinent
positions and, like other candidates, shall be entitled to be
voted upon. [as amended by RA 9244]
ECTION 72. Effectivity of Recall. – The recall of an elective
local official shall be effective only upon the election and
proclamation of a successor in the person of the candidate
receiving the highest number of votes cast during the
election on recall. Should the official sought to be recalled
receive the highest number of votes, confidence in him is
thereby affirmed, and he shall continue in office.
SECTION 73. Prohibition from Resignation. – The
elective local official sought to be recalled shall not be
allowed to resign while the recall process is in progress.
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SECTION 74. Limitations on Recall. – (a) Any elective
local official may be the subject of a recall election only once
during his term of office for loss of confidence.
(b) No recall shall take place within one (1) year from the
date of the official’s assumption to office or one (1) year
immediately preceding a regular local election.
SECTION 75. Expenses Incident to Recall Elections. – All
expenses incident to recall elections shall be borne by the
COMELEC. For this purpose, there shall be included in the
annual General Appropriations Act a contingency fund at
the disposal of the COMELEC for the conduct of recall
elections.
j. Failure to Assume Elective Office
OMNIBUS ELECTION CODE
BP 881
Section 12 Disqualifications. - Any person who has been
declared by competent authority insane or incompetent, or
has been sentenced by final judgment for subversion,
insurrection, rebellion or for any offense for which he has
been sentenced to a penalty of more than eighteen months
or for a crime involving moral turpitude, shall be
disqualified to be a candidate and to hold any office, unless
he has been given plenary pardon or granted amnesty.
This disqualifications to be a candidate herein provided
shall be deemed removed upon the declaration by
competent authority that said insanity or incompetence had
been removed or after the expiration of a period of five
years from his service of sentence, unless within the same
period he again becomes disqualified.
III. ELECTION LAW
A. Voter Registration
1987 CONSTITUTION
ARTICLE V
SUFFRAGE
SECTION 1. Suffrage may be exercised by all citizens of the
Philippines not otherwise disqualified by law, who are at
least eighteen years of age, and who shall have resided in
the Philippines for at least one year and in the place wherein
they propose to vote for at least six months immediately
preceding the election. No literacy, property, or other
substantive requirement shall be imposed on the exercise
of suffrage.
UNIVERSITY OF SANTO TOMAS
APEL - GARGANTIEL PROVIS [FINALS]
OMNIBUS ELECTION CODE
BP 881
ARTICLE I
GENERAL PROVISIONS
Section 4. Obligation to register and vote. - It shall be the
obligation of every citizen qualified to vote to register and
cast his vote.
ARTICLE II
ELECTION OF PRESIDENT AND VICE-PRESIDEN
Section 14. Special election for President and Vice-
President. - In case a vacancy occurs for the Office of the
President and Vice-President, the Batasang Pambansa shall,
at ten o'clock in the morning of the third day after the
vacancy occurs, convene in accordance with its rules
without need of a call and within seven days enact a law
calling for a special election to elect a President and a Vice-
President to be held not earlier than forty-five days nor later
than sixty days from the time of such call. The bill calling
such special election shall be deemed certified under
paragraph (2), Section 19, Article VIII of the Constitution
and shall become law upon its approval on third reading by
the Batasang Pambansa. Appropriations for the special
election shall be charged against any current
appropriations and shall be exempt from the requirements
of paragraph (4), Section 16 of Article VIII of the
Constitution. The convening of the Batasang Pambansa
cannot be suspended nor the special election postponed. No
special election shall be called if the vacancy occurs within
seventy days before the date of the presidential election of
1987.
Section 15. Canvass of votes for President and Vice-
President by the provincial or city board of canvassers.
- The provincial, city, or district boards of canvassers in
Metropolitan Manila, as the case may be, shall meet not later
than six o'clock in the evening on election day to canvass the
election returns that may have already been received by
them, respectively. It shall meet continuously from day to
day until the canvass is completed, but may adjourn only for
the purpose of awaiting the other election returns. Each
time the board adjourns, it shall make a total of all the votes
cast for each candidate for President and for Vice-President,
duly authenticated by the signatures and thumbmarks of all
the members of the provincial, city or district board of
canvassers, furnishing the Commission in Manila by the
fastest means of communication a copy thereof, and making
available the data contained therein to mass media and
other interested parties. Upon the completion of the
canvass, the board shall prepare a certificate of canvass
showing the votes received by each candidate for the office
of the President and for Vice-President, duly authenticated
by the signatures and thumbmarks of all the members of the
provincial, city or district board of canvassers. Upon the
completion of the certificate of canvass, the board shall
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certify and transmit the said certificate of canvass to the
Speaker of the Batasang Pambansa.
Section 18. Preservation of ballot boxes, their keys, and
disposition of their contents. - Until after the completion
by the Batasang Pambansa of the canvassing of the votes
and until an uncontested proclamation of the President-
elect and Vice-President-elect shall have been obtained, the
provincial, city or district board of canvassers under the
joint responsibility with the provincial, city or municipal
treasurers shall provide for the safekeeping and storage of
the ballot boxes in a safe and closed chamber secured by
four padlocks: one to be provided by the corresponding
board chairman; one by the provincial or city treasurer
concerned; and one each by the ruling party and the
accredited dominant opposition political party.
Section 27. Scope of the sectors. - The agricultural labor
sector covers all persons who personally and physically till
the land as their principal occupation. It includes
agricultural tenants and lessees, rural workers and farm
employees, owner-cultivators, settlers and small fishermen.
The industrial labor sector includes all non-agricultural
workers and employees.
The youth sector embraces persons not more than twenty-
five years of age.
ARTICLE XII
REGISTRATION OF VOTERS
Section 113. Permanent List of Voters. - Any provision of
Presidential Decree No. 1896 to the contrary
notwithstanding, the list of voters prepared and used in the
election of Members of the Batasang Pambansa on May 14,
1984, with such additions, cancellations and corrections as
may hereafter be made in accordance with the provisions of
this Code, shall constitute the permanent list of voters in
each city or municipality, as the case may be, until 1996.
For purposes of the next following election, the
Commission, through the election registrars, shall assign
the proper precincts and polling places to the registered
voters in said list. Written notice of any such change shall be
made to the affected voters within two weeks therefrom.
Section 114. Renewal of the Permanent List. - The list of
voters prepared in accordance with the preceding section
shall be renewed in nineteen hundred and ninety-six and
every twelve years thereafter.
Section 115. Necessity of Registration. - In order that a
qualified elector may vote in any election, plebiscite or
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referendum, he must be registered in the permanent list of
voters for the city or municipality in which he resides.
Section 116. Who may be registered in the list. - All
persons having complied with the requisites herein
prescribed for the registration of voters shall be registered
in the list, provided they possess all the qualifications and
none of the disqualifications of a voter. Those who failed to
register in the election of 1984, for any reason whatsoever,
may register in accordance with the provisions of this Code.
Any person who may not have on the date of registration
the age or period of residence required may also be
registered upon proof that on the date of the election,
plebiscite or referendum he shall have such qualifications.
Section 117. Qualifications of a voter. - Every citizen of
the Philippines, not otherwise disqualified by law, eighteen
years of age or over, who shall have resided in the
Philippines for one year and in the city or municipality
wherein he proposes to vote for at least six months
immediately preceding the election, may be registered as a
voter.
Any person who transfers residence to another city,
municipality or country solely by reason of his occupation;
profession; employment in private or public service;
educational activities; work in military or naval
reservations; service in the army, navy or air force; the
constabulary or national police force; or confinement or
detention in government institutions in accordance with
law, shall be deemed not to have lost his original residence.
Section 118. Disqualifications. - The following shall be
disqualified from voting:
(a) Any person who has been sentenced by final judgment
to suffer imprisonment for not less than one year, such
disability not having been removed by plenary pardon or
granted amnesty: Provided, however, That any person
disqualified to vote under this paragraph shall
automatically reacquire the right to vote upon expiration of
five years after service of sentence.
(b) Any person who has been adjudged by final judgment
by competent court or tribunal of having committed any
crime involving disloyalty to the duly constituted
government such as rebellion, sedition, violation of the anti-
subversion and firearms laws, or any crime against national
security, unless restored to his full civil and political rights
in accordance with law: Provided, That he shall regain his
right to vote automatically upon expiration of five years
after service of sentence.
(c) Insane or incompetent persons as declared by
competent authority.
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Section 119. Preparation of the permanent list of
voters. - For the preparation of the permanent list of voters
in nineteen hundred and ninety-six and every twelve years
thereafter, the board of election inspectors referred to in
Article XIV hereof of each election precinct shall hold four
meetings on the seventh Saturday, seventh Sunday, sixth
Saturday and sixth Sunday preceding the date of the regular
election to be held. At these meetings the board shall
prepare eight copies of the list of voters of the precinct
wherein it shall register the electors applying for
registration.
Section 120. Preparation of the list before other regular
elections. - For the preparation of the list before other
regular elections, the board of election inspectors of each
election precinct shall meet in the polling place on the
seventh and sixth Saturdays before the day of the election.
At these meetings, the board shall prepare and certify eight
copies of the list of voters of the corresponding precinct
transferring thereto the names of the voters appearing in
the list used in the preceding election and including therein
such new qualified voters as may apply for registration, as
provided in Section 126 hereof.
Section 121. Preparation of the list before any special
election, plebiscite or referendum. - For the preparation
of the list of voters before a special election, plebiscite or
referendum, the board of elections inspectors of each
election precinct shall hold a meeting in the polling place on
the second Saturday following the day of the proclamation
calling such election. At this meeting the board shall
transfer the names of the voters appearing in the list used
in the preceding election and enter those of the newly
registered voters.
Section 122. Transfer of names of voters from the
permanent list to the current one. - The transfer of the
names of the voters of the precinct already registered in the
list used in the preceding election to the list to be made as
provided for in the two preceding sections is a ministerial
duty of the board, and any omission or error in copying shall
be corrected motu proprio, or upon petition of the
interested party, without delay and in no case beyond three
days from the time such error is noticed; and if the board
should refuse, the interested party may apply for such
correction to the proper municipal or metropolitan trial
court which shall decide the case without delay and in no
case beyond three days from the date the petition is filed.
The decision of the proper municipal or metropolitan trial
court shall be final and unappealable in whatever form or
manner.
To facilitate the transfer of names of voters, the election
registrar shall deliver the book of voters to the board of
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election inspectors on the day before the registration of
voters, to be returned after the last day of registration.
Section 123. Cancellation and exclusion in the transfer
of names. - In transferring the names of the voters of the
precinct from the list used in the preceding election to the
current list, the board shall exclude those who have applied
for the cancellation of their registration, those who have
died, those who did not vote in the immediately preceding
two successive regular elections, those who have been
excluded by court orders issued in accordance with the
provisions of this Code, and those who have been
disqualified, upon motion of any member of the board or of
any elector or watcher, upon satisfactory proof to the board
and upon summons to the voter in cases of disqualification.
The motion shall be decided by the board without delay and
in no case beyond three days from its filing. Should the
board deny the motion, or fail to act thereon within the
period herein fixed, the interested party may apply for such
exclusion to the municipal or metropolitan trial court which
shall decide the petition without delay and in no case
beyond three days from the date the petition is filed. The
decision of the court shall be final. The poll clerk shall keep
a record of these exclusions and shall furnish three copies
thereof to the election registrar who shall, in turn keep one
copy and send the two other copies thereof to the provincial
election supervisor and the Commission, to be attached by
them to the permanent list under their custody.
Section 124. Meeting to close the list of voters. - The
board of election inspectors shall also meet on the second
Saturday immediately preceding the day of the regular
election, or on the second day immediately preceding the
day of the special election, plebiscite or referendum
whether it be Sunday or a legal holiday, for the purpose of
making such inclusions, exclusions, and corrections as may
be or may have been ordered by the courts, stating opposite
every name so corrected, added, or cancelled, the date of the
order and the court which issued the same; and for the
consecutive numbering of the voters of the election
precinct.
Should the board fail to include in the list of voters any
person ordered by competent court to be so included, said
person shall, upon presentation of a certified copy of the
order of inclusion and upon proper identification, be
allowed by the board to vote.
Should the board fail to exclude from the list of voters any
person ordered by the court to be so excluded, the board
shall not permit said person to vote upon presentation to it
by any interested party of a certified copy of the order of
exclusion.
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Section 125. Re-registration. - A voter who is registered
in the permanent list of voters need not register anew for
subsequent elections unless he transfer residence to
another city or municipality, or his registration has been
cancelled on the ground of disqualification and such
disqualification has been lifted or removed. Likewise a
voter whose registration has been cancelled due to failure
to vote in the preceding regular election may register anew
in the city or municipality where he is qualified to vote.
Section 126. Registration of voters. - On the seventh and
sixth Saturdays before a regular election or on the second
Saturday following the day of the proclamation calling for a
new special election, plebiscite or referendum, any person
desiring to be registered as a voter shall accomplish in
triplicate before the board of election inspectors a voter's
affidavit in which shall be stated the following data:
(a) Name, surname, middle name, maternal surname;
(b) Date and place of birth;
(c) Citizenship;
(d) Periods of residence in the Philippines and in the place
of registration;
(e) Exact address with the name of the street and house
number or in case there is none, a brief description of the
locality and the place;
(f) A statement that the applicant has not been previously
registered, otherwise he shall be required to attach a sworn
application for cancellation of his previous registration; and
(g) Such other information or data which may be required
by the Commission.
The voter's affidavit shall also contain three specimens of
the applicant's signature and clear and legible prints of his
left and right hand thumbmarks and shall be sworn to and
filed together with four copies of the latest identification
photograph to be supplied by the applicant.
The oath of the applicant shall include a statement that he
does not have any of the disqualifications of a voter and that
he has not been previously registered in the precinct or in
any other precinct.
Before the applicant accomplishes his voter's affidavit, the
board of election inspectors shall appraise the applicant of
the qualifications and disqualifications prescribed by law
for a voter. It shall also see to it that the accomplished
voter's affidavit contain all the data therein required and
that the applicant's specimen signatures, the prints of his
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left and right hand thumbmarks and his photograph are
properly affixed in each of the voter's affidavit.
Section 127. Illiterate or disabled applicants. - The
voter's affidavit of an illiterate or physically disabled person
may be prepared by any relative within the fourth civil
degree of consanguinity of affinity or by any member of the
board of election inspectors who shall prepare the affidavit
in accordance with the data supplied by the applicant.
Section 128. Voter's identification. - The identification
card issued to the voter shall serve and be considered as a
document for the identification of each registered voter:
Provided, however, That if the voter's identity is challenged
on election day and he cannot present his voter
identification card, his identity may be established by the
specimen signatures, the photograph or the fingerprints in
his voter's affidavit in the book of voters. No extra or
duplicate copy of the voter identification card shall be
prepared and issued except upon authority of the
Commission.
Each identification card shall bear the name and the address
of the voter, his date of birth, sex, civil status, occupation, his
photograph, thumbmark, the city or municipality and
number of the polling place where he is registered, his
signature, his voter serial number and the signature of the
chairman of the board of election inspectors.
Any voter previously registered under the provisions of
Presidential Decree Numbered 1896 who desires to secure
a voter identification card shall, on any registration day,
provide four copies of his latest identification photograph
to the board of election inspectors which upon receipt
thereof shall affix one copy thereof to the voter's affidavit in
the book of voters, one copy to the voter identification card
to be issued to the voter and transmit through the election
registrar, one copy each to the provincial election
supervisor and the Commission to be respectively attached
to the voter's affidavit in their respective custody.
Section 129. Action by the board of election inspectors.
- Upon receipt of the voter's affidavit, the board of election
inspectors shall examine the data therein. If it finds that the
applicant possesses all the qualifications and none of the
disqualifications of a voter, he shall be registered.
Otherwise, he shall not be registered.
The name and address of each registered voter shall,
immediately upon his registration, be entered in the proper
alphabetical group in the list after which the voter
identification card shall be issued to the voter.
Section 130. Provincial central file of registered voters.
- There shall be a provincial central file of registered voters
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containing the duplicate copies of all approved voter's
affidavits in each city and municipality in the province
which shall be under the custody and supervision of the
provincial election supervisor. The applications shall be
compiled alphabetically by precincts so as to make the file
an exact replica of the book of voters in the possession of
the election registrar.
Should the book of voters in the custody of the election
registrar be lost or destroyed at a time so close to the
election day that there is no time to reconstitute the same,
the corresponding book of voters in the provincial file shall
be used during the voting.
Section 131. National central file of registered voters. -
There shall also be a national central file or registered
voters consisting of the triplicate copies of all approved
voters' affidavits in all cities and municipalities which shall
be prepared and kept in the central office of the
Commission. The applications in the national central file
shall be compiled alphabetically according to the surnames
of the registered voters regardless of the place of
registration.
Section 132. Preservation of voter's affidavits. - A copy
of the affidavit of each voter shall be kept by the board of
election inspectors until after the election when it shall
deliver the same to the election registrar together with the
copies of the list of voters and other election papers for use
in the next election. The election registrar shall compile the
voter's affidavits by precinct alphabetically in a book of
voters. The other two copies shall be sent by the board of
election inspectors on the day following the date of the
affidavit to the office of the provincial election supervisor
and the Commission in Manila. The provincial election
supervisor and the Commission shall respectively file and
preserve the voter's affidavits by city and municipality and
in alphabetical order of their surnames. The fourth copy
shall be given to the voter as evidence of his registration.
Section 133. Columns in the list of voters. - The list of
voters shall be arranged in columns as follows: In the first
column there shall be entered, at the time of closing of the
list before the election, a number opposite the name of each
voter registered, beginning with number one and
continuing in consecutive order until the end of the list. In
the second column, the surnames of the registered voters
shall be written in alphabetical order followed by their
respective first names, without abbreviations of any kind. In
the third column, the respective residences of such persons
with the name of the street and number, or, in case there be
none, a brief description of the locality or place. In the fourth
column, shall be entered the periods of residence in the
Philippines and in the city or municipality. In the fifth
column, there shall be entered on the day of the election the
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numbers of the ballots which were given successively to
each voter. In the sixth column, the voter shall stamp on the
day of the election the mark of the thumb of his right hand
and under said mark his signature. And in the seventh
column, the signature of the chairman of the board of
election inspectors who has handed the ballot to the voter.
It will be sufficient that the fifth, sixth, and seventh columns
shall be filled in the copy of the list under the custody of the
board of election inspectors which shall see to it that the
thumbmark is stamped plainly.
Section 134. Certificate of the board of election
inspectors in the list of voters. - Upon the adjournment of
each meeting for the registration of voters, the board of
election inspectors shall close each alphabetical group of
surnames of voters by writing the dates on the next line in
blank, which shall be forthwith signed by each member,
and, before adding a new name on the same page at the next
meeting, it shall write the following: "Added at the _ _ _
meeting" specifying if it is the second third or fourth
meeting of the board, as the case may be. If the meeting
adjourned is the last one for the registration of voters, the
board shall, besides closing each alphabetical group of
voters as above provided, add at the end of the list a
certificate (a) of the corrections and cancellations made in
the permanent list, specifying them, or that there has been
none, and (b) of the total number of voters registered in the
precinct.
Section 135. Publication of the list. - At the first hour of
the working day following the last day of registration of
voters, the poll clerk shall deliver to the election registrar a
copy of the list certified to by the board of election
inspectors as provided in the preceding section; another
copy, also certified, shall be sent to the provincial election
supervisor of the province, and another, likewise certified,
shall be sent to the Commission, in whose offices said copies
shall be open to public inspection during regular office
hours. On the same day and hour, the poll clerk shall also
post a copy of the list in the polling place in a secure place
on the door or near the same at a height of a meter and a
half, where it may be conveniently consulted by the
interested parties. The chairman, poll clerk and the two
members of the board of election inspectors shall each keep
a copy of the list which may be inspected by the public in
their residence or office during regular office hours.
Immediately after the meeting for the closing of the list, the
poll clerk shall also send a notice to the election registrar,
provincial election supervisor and the Commission
regarding the changes and the numbering above referred to,
to be attached to the copy of the list under their custody.
Section 136. Challenge of right to register. - Any person
applying for registration may be challenged before the
board of election inspectors on any registration day be any
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member, voter, candidate, or watcher. The board shall then
examine the challenged person and shall receive such other
evidence as it may deem pertinent, after which it shall
decide whether the elector shall be included in or excluded
from the list as may be proper. All challenges shall be heard
and decided without delay, and in no case beyond three
days from the date the challenge was made.
After the question has been decided, the board of election
inspectors shall give to each party a brief certified
statement setting forth the challenge and the decision
thereon.
Section 137. Power of the board of election inspectors
to administer oaths and issue summons. - For the
purpose of determining the right of applicants to be
registered as voters in the list, the board of election
inspectors shall have the same power to administer oaths,
to issue subpoena and subpoena duces tecum and to compel
witnesses to appear and testify, but the latter's fees and
expenses
incident to the process shall be paid in advance by the party
in whose behalf the summons is issued.
Section 138. Jurisdiction in inclusion and exclusion
cases. - The municipal and metropolitan trial courts shall
have original and exclusive jurisdiction over all matters of
inclusion and exclusion of voters from the list in their
respective municipalities or cities. Decisions of the
municipal or metropolitan trial courts may be appealed
directly by the aggrieved party to the proper regional trial
court within five days from receipt of notice thereof,
otherwise said decision of the municipal or metropolitan
trial court shall become final and executory after said
period. The regional trial court shall decide the appeal
within ten days from the time the appeal was received and
its decision shall be immediately final and executory. No
motion for reconsideration shall be entertained by the
courts.
Section 139. Petition for inclusion of voters in the list. -
Any person whose application for registration has been
disapproved by the board of election inspectors or whose
name has been stricken out from the list may apply, within
twenty days after the last registration day, to the proper
municipal or metropolitan trial court, for an order directing
the board of election inspectors to include or reinstate his
name in the list, together with the certificate of the board of
election inspectors regarding his case and proof of service
of notice of his petition upon a member of the board of
election inspectors with indication of the time, place, and
court before which the petition is to be heard.
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Section 140. Voters excluded through inadvertence or
registered with an erroneous or misspelled name. - Any
voter registered in the permanent list who has not been
included in the list prepared for the election or who has
been included therein with a wrong or misspelled name
shall have the right to file an application on any date with
the proper municipal or metropolitan trial court, for an
order directing that his name be reinstated in the list or that
he be registered with his correct name. He shall attach to
such application a certified copy of the entry of his name in
the list of the preceding election, together with proof that he
has applied without success to the board of election
inspectors and that he has served notice thereof upon a
member of the board.
Section 141. Change of name of registered voter. - Any
previously registered voter whose name has been changed
by reason of marriage or by virtue of a court order may
request the board of election inspectors during any of its
meetings held under this Article that his registration in the
list be recorded under his or her new name.
Section 142. Petition for exclusion of voters from the
list. - Any registered voter in a city or municipality may
apply at any time except during the period beginning with
the twenty-first day after the last registration day of any
election up to and including election day with the proper
municipal or metropolitan trial court, for the exclusion of a
voter from the list, giving the name and residence of the
latter, the precinct in which he is registered, and the
grounds for the challenge. The petition shall be sworn to
and accompanied by proof of notice to the board of election
inspectors concerned, if the same is duly constituted, and to
the challenged voters.
Section 143. Common rules governing judicial
proceedings in the matter of inclusion, exclusion, and
correction of names of voters. -
(a) Outside of regular office hours no petition for inclusion,
exclusion, or correction of names of voters shall be received.
(b) Notices to the members of the board of election
inspectors and to challenged voters shall state the place, day
and hour in which such petition shall be heard, and such
notice may be made by sending a copy thereof by registered
mail or by personal delivery or by leaving it in the
possession of a person of sufficient discretion in the
residence of the said person or, in the event that the
foregoing procedure is not practicable, by posting a copy in
a conspicuous place in the city hall or municipal building
and in two other conspicuous places within the city or
municipality, at least ten days prior to the day set for the
hearing.
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In the interest of justice and to afford the challenged voter
every opportunity to contest the petition for exclusion, the
court concerned may, when the challenged voter fails to
appear in the first day set for the hearing, order that notice
be effected in such manner and within such period of time
as it may decide, which time shall in no case be more than
ten days from the day the respondent is first found in
default.
(c) Each petition shall refer to only one precinct.
(d) No costs shall be assessed in these proceedings.
However, if the court should be satisfied that the application
has been filed for the sole purpose of molesting the adverse
party and causing him to incur expenses, it may condemn
the culpable party to pay the costs and incidental expenses.
(e) Any candidate who may be affected by the proceedings
may intervene and present his evidence.
(f) The decision shall be based on the evidence presented. If
the question is whether or not the voter is real or fictitious,
his non-appearance on the day set for hearing shall be
prima facie evidence that the registered voter is fictitious.
In no case shall a decision be rendered upon a stipulation of
facts.
(g) These applications shall be heard and decided without
delay. The decision shall be rendered within six hours after
the hearing and within ten days from the date of its filing in
court. Cases appealed to the regional trial court shall be
decided within ten days from receipt of the appeal in the
office of the clerk of court. In any case, the court shall decide
these petitions not later than the day before the election and
the decision rendered thereon shall be immediately final
and executory, notwithstanding the provisions of Section
138 on the finality of decisions.
Section 144. Canvass to check registration. - The election
registrar shall, once every two years or more often should
the Commission deem it necessary in order to preserve the
integrity of the permanent lists of voters, conduct
verification by mail or house-to-house canvass, or both, of
the registered voters of any barangay for purposes of
exclusion proceedings.
Section 145. Annulment of permanent lists of voters. -
Any book of voters not prepared in accordance with the
provisions of this Code or the preparation of which has been
effected with fraud, bribery, forgery, impersonation,
intimidation, force, or any other similar irregularity or
which list is statistically improbable may, upon verified
petition of any voter or election registrar, or duly registered
political party, and after notice and hearing, be annulled by
the Commission: Provided, That no order, ruling or decision
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annulling a book of voters shall be executed within sixty
days before an election.
Section 146. Reconstitution of lost or destroyed
registration records. - The Commission shall reconstitute
all registration records which have been lost or destroyed.
For this purpose, it shall be the duty of the election registrar
to immediately report to the Commission any case of loss or
destruction of approved applications for registration in
their custody. Such reconstitution shall be made with the
use of the corresponding copies in the national or provincial
central files of registered voters: Provided, That if this is not
feasible, the registered voter concerned may be summoned
by the election registrar to effect such reconstitution by
accomplishing a new application. Reconstituted forms shall
be clearly marked with the word "reconstituted".
The reconstitution of any lost or destroyed application for
registration shall not affect the criminal liability of any
person or persons who may be responsible for such loss or
destruction.
Section 147. Examination of registration records. - All
registration records in the possession of the city or
municipal election registrar, the provincial election
supervisor, and the Commission shall, during regular office
hours, be open to examination by the public with legitimate
inquiries for purposes of election.
Law enforcement agencies shall, upon prior authorization
by the Commission, have access to said registration records
should the same be necessary to, or in aid of, their
investigative functions and duties, subject to regulations
promulgated by the Commission.
Section 148. List of voters. - Fifteen days before the date
of the regular election or special election, referendum or
plebiscite, the board of election inspectors must post the
final list of voters in each precinct with each and every page
thereof duly signed or subscribed and sworn to by the
members of the board of election inspectors and that failure
to comply with this provision will constitute an election
offense.
Any candidate or authorized representative of an
accredited political party, upon formal request made to an
election registrar, shall be entitled to a certified copy of the
most recent list of voters in any precinct, municipality, city
or province, upon payment of a reasonable fee as may be
prescribed by the Commission.
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AN ACT PROVIDING FOR SYNCHRONIZED NATIONAL &
LOCAL ELECTIONS & FOR ELECTORAL REFORMS,
AUTHORIZING APPROPRIATIONS THEREFOR, & FOR
OTHER PURPOSES
RA 7166
Section 9. Registration of Voters. - There shall be a
registration of voters on the fifteenth Saturday before the
day of the election for voters who will reach the age of
eighteen (18) years on or before the day of the election or
for those who are qualified but not registered in the list of
voters. However, the Commission may designate an
additional date of registration in certain areas to ensure
that voters therein are not deprived of their right of
suffrage.
Before adjourning on registration day, the board of election
inspectors shall close the list of voters by affixing their
signatures in the space immediately after the last name;
number consecutively the names of the voters listed therein
and authenticate the list of voters by affixing their
signatures on each and every page thereof.
The board of election inspectors shall post, on the wall
outside the room where the registration was conducted, the
list of voters in each precinct beginning on the first working
day after registration day until election day. Failure to post
said list shall constitute an election offense punishable
under Section 263 and 264 of the Omnibus Election Code.
When there is a significant number of inclusions, exclusions
and corrections in the list of voters in a precinct, the
Commission shall direct the board of election inspectors
concerned to meet on the eighth Saturday immediately
preceding the day of the election for the purpose of making
such inclusions and corrections as may be or may have been
ordered by the courts, stating opposite every name so
corrected, added or cancelled, the date of the order and the
court which issued the same; otherwise, the board shall not
meet but such inclusions, exclusions and corrections, if any,
shall be made in the list of voters before the voting starts on
election day.
Section 10. Annulment of the List of Voters. - Any book of
voters the preparation of which has been affected with
fraud, bribery, forgery, impersonation, intimidation, force
or any other similar irregularity or which is statistically
improbable may be annulled, after due notice of a verified
complaint: Provided, That, no order, ruling or decision
annulling a book of voters shall be executed within sixty
(60) days before an election.
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THE VOTER’S REGISTRATION ACT OF 1996
RA 8189
Section 1. Title. - This Act shall be known as "The Voter's
Registration Act of 1996."
Sec. 2. Declaration of Policy. - It is the policy of the State
to systematize the present method of registration in order
to establish a clean, complete, permanent and updated list
of voters.
Sec. 3. Definition of Terms. - As used in this Act:
a. Registration refers to the act of accomplishing and
filing of a sworn application for registration by a
qualified voter before the election officer of the city
or municipality wherein he resides and including
the same in the book of registered voters upon
approval by the Election Registration Board;
b. Registration Record refers to an application for
registration duly approved by the Election
Registration Board;
c. Book of Voters refers to the compilation of all
registration records in a precinct;
d. List of Voters refers to an enumeration of names
of registered voters in a precinct duly certified by
the Election Registration Board for use in the
election;
e. Illiterate or Disabled person refers to one who
cannot by himself prepare an application for
registration because of his physical disability
and/or inability to read and write;
f. Commission refers to the Commission on
Elections (COMELEC);
g. Election Registration Board refers to the body
constituted herein to act on all applications for
registration;
h. Voter's Identification Number (VIN) refers to the
number assigned by the Commission on Elections
to a registered voter that shall consist of three (3)
parts:
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1. The current address (city/municipality
and province);
2. the current precinct assignment of the
voter; and
3. the permanent birth and name code
unique to every voter;
i. Political Parties refer to local, regional or national
political parties existing and duly registered and
accredited by the Commission;
j. Precinct refers to the basic unit of territory
established by the Commission for the purpose of
voting;
k. Precinct Maps refers to a sketch or drawing of a
geographical area stated in terms of streets or
street blocks or sitios the residents of which would
belong to a particular precinct;
l. Polling place refers to the place where the Board
of Election Inspectors conducts its proceeding and
where the voters cast their votes;
m. Voting center refers to the building or place where
the polling place is located;
n. Election Officer refers to the highest official or
authorized representative of the Commission in a
city or municipality; and
o. Board of Election Inspectors refers to the body
which conducts the election in the polling place of
the precinct usually composed of three (3) public
school teachers appointed by the Commission.
Sec. 4. Permanent List of Voters - There shall be a
permanent list of voters per precinct in each city or
municipality consisting of all registered voters residing
within the territorial jurisdiction of every precinct indicated
by the precinct maps.
Such precinct-level list of voters shall be accompanied by an
addition/deletion list for the purpose of updating the list.
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For the purpose of the 1997 general registration, the
Commission shall cause the preparation and posting of all
precinct maps in every barangay nationwide. Five days
before the 1997 general registration, individual precinct
maps shall be posted at the door of each polling place.
Subsequently, the Election Officer shall be responsible for
the display, throughout the year, of precinct maps in his
office and in the bulletin board of the city or municipal hall.
The precinct assignment of a voter in the permanent list of
voters shall not be changed or altered or transferred to
another precinct without the express written consent of the
voter: Provided, however, That the voter shall not
unreasonably withhold such consent. Any violation thereof
shall constitute an election offense which shall be punished
in accordance with law.
Sec. 5. Precincts and their Establishment. - In
preparation for the general registration in 1997, the
Commission shall draw updated maps of all the precincts
nationwide. Upon completion of the new precinct maps, all
the precincts established in the preceding elections shall be
deemed abolished. For the purpose of the general
registration, the Commission shall create original precincts
only. Spin-off precinct may be created after the regular
elections of 1998 to accommodate additional voters
residing within the territorial jurisdiction of the original
precincts.
The Commission shall introduce a permanent numbering of
all precincts which shall be indicated by Arabic numerals
and a letter of the English alphabet. Original or mother
precincts shall be indicated by the Arabic numeral and letter
"A of the English alphabet. Spin-off or daughter precincts
shall be indicated by the Arabic numeral and letter of the
English alphabet starting with letter B and so on.
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No territory comprising an election precinct shall be altered
or a new precinct be established at the start of the election
period.
Splitting of an original precinct or merger of two or more
original precincts shall not be allowed without redrawing
the precinct map/s one hundred twenty (120) days before
election day.
Sec. 6. Arrangement of Precincts. - Every barangay shall
have at least one (1) precinct. Each precinct, shall have no
more than two hundred (200) voters and shall comprise
contiguous and compact territories.
a. A precinct shall be allowed to have less than 200
registered voters under the following conditions:
1. As soon as the 200-limit for every precinct
has been reached, a spin-off or daughter
precinct shall be created automatically by
the Commission to accommodate voters
residing within the territorial jurisdiction
of the original precinct. Thereafter, a
separate list of new voters shall be
prepared by the Election Officer; and
2. An island or group of islands with less than
two hundred (200) voters may comprise
one (1) original precinct.
b. Every case of alteration of precincts shall be duly
announced by posting a notice thereof in a
conspicuous place in the precinct, in the office of
the election officer and in the city or municipal hall
and by providing political parties and candidates a
list of all the precincts at the start of the campaign
period; and
c. Consolidation or merger of at most three (3)
precincts may be allowed: Provided, That the
computerized counting shall be implemented:
Provided, further, That the merger of such
precincts shall be effected ninety (90) days before
election day.
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Sec. 7. General Registration of Voters. - Immediately after
the barangay elections in 1997, the existing certified list of
voters shall cease to be effective and operative. For
purposed of the May 1998 elections and all elections,
plebiscites, referenda, initiatives, and recalls subsequent
thereto, the Commission shall undertake a general
registration of voters before the Board of Election
Inspectors on June 14, 15, 21, and 22 and, subject to the
discretion of the Commission, on June 28 and 29, 1997 in
accordance with this Act.
Sec. 8. System of Continuing Registration of Voters. - The
personal filing of application of registration of voters shall
be conducted daily in the office of the Election Officer during
regular office hours. No registration shall, however, be
conducted during the period starting one hundred twenty
(120) days before a regular election and ninety (90) days
before a special election.
Sec. 9. Who may Register. - All citizens of the Philippines
not otherwise disqualified by law who are at least eighteen
(18) years of age, and who shall have resided in the
Philippines for at least one (1) year, and in the place
wherein they propose to vote, for at least six (6) months
immediately preceding the election, may register as a voter.
Any person who temporarily resides in another city,
municipality or country solely by reason of his occupation,
profession, employment in private or public service,
educational activities, work in the military or naval
reservations within the Philippines, service in the Armed
Forces of the Philippines, the National Police Forces, or
confinement or detention in government institutions in
accordance with law, shall not be deemed to have lost his
original residence.
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Any person, who, on the day of registration may not have
reached the required age or period of residence but, who,
on the day of the election shall possess such qualifications,
may register as a voter.
Sec. 10. Registration of Voters. - A qualified voter shall be
registered in the permanent list of voters in a precinct of the
city or municipality wherein he resides to be able to vote in
any election. To register as a voter, he shall personally
accomplish an application form for registration as
prescribed by the Commission in three (3) copies before the
Election Officer on any date during office hours after having
acquired the qualifications of a voter.
The application shall contain the following data:
a. Name, surname, middle name, and/or maternal
surname;
b. Sex;
c. Date, and place of birth;
d. Citizenship;
e. Civil status, if married, name of spouse;
f. Profession, occupation or work
g. Periods of residence in the Philippines and in the
place of registration;
h. Exact address with the name of the street and
house number for location in the precinct maps
maintained by the local office of the Commission, or
in case there is none, a brief description of his
residence, sitio, and barangay;
i. A statement that the applicant possesses all the
qualifications of a voter;
j. A statement that the applicant is not a registered
voter of any precinct; and
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k. Such information or data as may be required by the
Commission.
The application for registration shall contain three (3)
specimen signatures of the applicant, clear and legible
rolled prints of his left and right thumbprints, with four (4)
identification size copies of his latest photograph, attached
thereto, to be taken at the expense of the Commission.
Before the applicant accomplishes his application for
registration, the Election Officer shall inform him of the
qualifications and disqualifications prescribed by law for a
voter, and thereafter, see to it that the accomplished
application contains all the data therein required and that
the applicant's specimen signatures, fingerprints, and
photographs are properly affixed in all copies of the voter's
application.
Sec. 11. Disqualification. - The following shall
disqualified from registering:
a. Any person who has been sentenced by final
judgment to suffer imprisonment of not less than
one (1) year, such disability not having been
removed by plenary pardon or amnesty: Provided,
however, That any person disqualified to vote
under this paragraph shall automatically reacquire
the right to vote upon expiration of five (5) years
after service of sentence;
b. Any person who has been adjudged by final
judgment by a competent court or tribunal of
having committed any crime involving disloyalty to
the duly constituted government such as rebellion,
sedition, violation of the firearms laws or any crime
against national security, unless restored to his full
civil and political rights in accordance with law:
Provided, That he shall automatically reacquire the
right to vote upon expiration of five (5) years after
service of sentence; and
c. Insane or incompetent persons declared as such by
competent authority unless subsequently declared
by proper authority that such person is no longer
insane or incompetent.
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Sec. 12. Change of Residence to Another City or
Municipality. - Any registered voter who has transferred
residence to another city or municipality may apply with
the Election Officer of his new residence for the transfer of
his registration records.
The application for transfer of registration shall be subject
to the requirements of notice and hearing and the approval
of the Election Registration Board, in accordance with this
Act. Upon approval of the application for transfer, and after
notice of such approval to the Election Officer of the former
residence of the voter, said Election Officer shall transmit by
registered mail the voter's registration record to the
Election Officer of the voter's new residence.
Sec. 13. Change of Address in the Same City or
Municipality. - Any voter who has changed his address in
be the same city or municipality shall immediately notify the
Election Officer in writing. If the change of address involves
a change in precinct, the Board shall transfer his
registration record to the precinct book of voters of his new
precinct and notify the voter of his new precinct All changes
of address shall be reported to the office of the provincial
election supervisor and the Commission in Manila.
Sec. 14. Illiterate or Disabled Applicants. - Any illiterate
person may register with the assistance of the Election
Officer or any member of an accredited citizen's arms. The
Election Officer shall place such illiterate person under oath,
ask him the questions, and record the answers given in
order to accomplish the application form in the presence of
the majority of the members of the Board. The Election
Officer or any member of an accredited citizen's arm shall
read the accomplished form aloud to the person assisted
and ask him if the information given is true and correct The
accomplished form shall be subscribed by the applicant in
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the presence of the Board by means of thumbmark or some
other customary mark and it shall be subscribed and
attested by the majority of the members of the Board.
The attestation shall state the name of the person assisted,
the name of the Election Officer or the member of the
accredited citizen's arm who assisted the applicant, the fact
that the Election Officer placed the applicant under oath,
that the Election Officer or the member of the accredited
citizen's arm who assisted the applicant read the
accomplished form to the person assisted, and that the
person assisted affirmed its truth and accuracy, by placing
his thumbmark or some other customary mark on the
application in the presence of the Board.
The application for registration of a physically disabled
person may be prepared by any relative within the fourth
civil degree of consanguinity or affinity or by the Election
Officer or any member of an accredited citizen's arm using
the data supplied by the applicant. The fact of illiteracy or
disability shall be so indicated in the application.
Sec. 15. Election Registration Board. - There shall be in
each city and municipality as many as Election Registration
Boards as there are election officers therein. In thickly
populated cities/municipalities, the Commission may
appoint additional election officers for such duration as may
be necessary.
The Board shall be composed of the Election Officer as
chairman and as members, the public school official most
senior in rank and the local civil registrar, or in this absence,
the city or municipal treasurer. In case of disqualification of
the Election Officer, the Commission shall designate an
acting Election Officer who shall serve as Chairman of the
Election Registration Board. In case of disqualification or
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non-availability of the Local Registrar or the Municipal
Treasurer, the Commission shall designate any other
appointive civil service official from the same locality as
substitute.
No member of the Board shall be related to each other or to
any incumbent city or municipal elective official within the
fourth civil degree of consanguinity or affinity. If in
succeeding elections, any of the newly elected city or
municipal officials is related to a member of the board
within the fourth civil degree of consanguinity or affinity,
such member is automatically disqualified to preserve the
integrity of the Election Registration Board.
Every registered party and such organizations as may be
authorized by the Commission shall be entitled to a watcher
in every registration board.
Sec. 16. Compensation of the Members of the Board. -
Each member of the Board shall be entitled to an
honorarium to Two Hundred Pesos (P200.00) for each day
of actual service rendered in the Board, which amount the
Commission may adjust every three (3) years thereafter. No
member of the Board shall be entitled to travelling
expenses.
Sec. 17. Notice and Hearing of Applications. - Upon
receipt of applications for registration, the Election Officer
shall set them for hearing, notice of which shall be posted in
the city or municipal bulletin board and in his office for at
least one (1) week before the hearing, and furnish copies
thereof to the applicant concerned, the heads or
representatives of political parties, and other accredited
groups or organizations which actively participate in the
electoral process in the city or municipality. On the date of
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the hearing, the Election Officer shall receive such evidence
for or against the applicant.
A registrant whose application is not seasonably objected to
shall be notified in writing stating therein that no objection
was raised against his application and that he need not
appear on the date set for the hearing of his application.
Physical presence of the applicant concerned shall,
however, be mandatory in all cases where objections
against his application have been seasonably filed with the
proper Election Registration Board for him to rebut or
refute evidence presented in opposition thereto.
All applications for registration shall be heard and
processed on a quarterly basis. For this purpose, the
Election Registration Board shall meet and convene on the
third Monday of April, July, October, and January of every
calendar year, or on the next following working day if the
designated days fail on a non-working holiday, except in an
election year to conform with the one hundred twenty
(120) days prohibitive period before election day. Should
one day be sufficient for the processing of all accepted
applications, the Board shall adjourn from day to day until
all the applications shall have been processed.
Sec. 18. Challenges to Right to Register. - Any voter,
candidate or representative of a registered political party
may challenge in writing any application for registration,
stating the grounds therefor. The challenge shall be under
oath and be attached to the application, together with the
proof of notice of hearing to the challenger and the
applicant.
Oppositions to contest a registrant's application for
inclusion in the voter's list must, in all cases, be filed not
later than the second Monday of the month in which the
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same is scheduled to be heard or processed by the Election
Registration Board. Should the second Monday of the month
fall on a non-working holiday, oppositions may be filed on
the next following working day. The hearing on the
challenge shall be heard on the third Monday of the month
and the decision shall be rendered before the end of the
month.
Sec. 19. Power to Administer Oath and Issue
Summons. - For purposes of determining the right of the
applicants to be registered as a voter, the Election Officer
shall have the power to administer oath, issue subpoena
duces tecum and swear in witnesses. The fees and expenses
incidental thereto shall be paid in advance by the party in
whose behalf the summons is issued.
Sec. 20. Approval and Disapproval of Application. - The
Election Officer shall submit to the Board all applications for
registration filed, together with the evidence received in
connection therewith. The Board shall, by majority vote,
approve or disapprove the applications.
Upon approval, the Election Officer shall assign a voters
identification number and issue the corresponding
identification card to the registered voter. If the Board
disapproves the application, the applicant shall be
furnished with a certificate of disapproval stating the
ground therefor. In cases of approval or disapproval, any
aggrieved party may file a petition for exclusion or
inclusion, as the case may be, with the proper Municipal or
Metropolitan Trial Court as provided for in this Act.
Sec. 21. Publication of Action on Application for
Registration. - Within five (5) days from approval or
disapproval of application, the Board shall post a notice in
the bulletin board of the city or municipal hall and in the
UNIVERSITY OF SANTO TOMAS
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office of the Election Officer, stating the name and address
of the applicant, the date of the application, and the action
taken thereon. The Election Officer shall furnish a copy of
such notice personally, or by registered mail or special
delivery to the applicant and heads or representatives of
registered political parties in the city or municipality.
Sec. 22. Preservation of Voter's Registration Records. -
The Election Officer shall compile the original copies of the
approved applications for registration per precinct and
arrange the same alphabetically according to surname. He
shall preserve the book of voters and ensure its integrity.
The second and third copies of the registration records shall
be sent to the provincial and national central files within
three (3) days after the approval of the Board.
Sec. 23. Provincial File. - There shall be a provincial file
consisting of the duplicate copies of all registration records
in each precinct of every city and municipality in the
province. It shall be in the custody of the Provincial Election
Supervisor and shall be compiled and arranged by precinct,
by municipality and alphabetically by surnames of voters.
Should the book of voters in the custody of the Election
Officer be lost or destroyed at a time so close to election day
that there is no time to reconstitute the same, the
corresponding book of voters in the provincial file shall be
used during the voting.
Sec. 24. National Central File. - There shall be a national
central file under the custody of the Commission in Manila
consisting of the third copies of all approved voter
registration records in each city or municipality. It shall be
compiled by precinct in each city/municipality and
arranged alphabetically by surname so as to make the file a
replica of the book of voters in the possession of the Election
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Officer. Thereafter a national list shall be prepared
following the alphabetical arrangements of surnames of
voters.
There shall be a national file consisting of the computerized
voters' list (CVL), both in print and in diskette, submitted by
the Election Officers in each city and municipality
concerned, under the custody of the Commission in Manila.
The computerized voters' list shall make use of a single and
uniform computer program that will have a detailed sorting
capability to list voters alphabetically by the precincts
where they vote, by the barangays, municipalities, cities or
provinces where they reside and by their voters
identification number (VIN).
Sec. 25. Voter's Identification Card. - The voters
identification card issued to the registered voter shall serve
as a document for his identification. In case of loss or
destruction, no copy thereof may be issued except to the
registered voter himself and only upon the authority of the
Commission.
The Commission shall adopt a design for the voter's
identification card which shall be, as much as possible,
tamper proof. It shall provide the following: the name and
address of the voter, his date of birth, sex, photograph,
thumbmark, and the number of precinct where he is
registered, the signature of the voter and the chairman of
the Election Registration Board and the voter's
identification number (VIN).
Sec. 26. Voter's Identification Number (VIN). - The
Commission shall assign every registered voter a voter's
identification number (VIN) consisting of three parts, each
separated by a dash. For example: 7501-00191-C145BCD.
UNIVERSITY OF SANTO TOMAS
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a. Part 1: Current Address of the Voter
1. The first two digits 75 stand for the
province; and
2. The last two digits, 01, stand for the city,
municipality, or a district, particularly in
Manila.
The code assignment for provinces, cities and
municipalities shall follow the Urban Code devised
by the National Census and Statistics Office (NCSO).
b. Part II: Current Precinct Assignment of the Voter
1. The first four digits, 0019, stand for the
permanent number of the precinct where
the voter is currently assigned: and
2. The letter indicates whether it is a mother
or a daughter precinct.
The number assigned to the precinct in every city
or municipality shall be permanent but the voter
may transfer his precinct number. The VIN reflects
the current precinct assignment of the voter.
c. Part III: Permanent Birth and Name Code Unique to
the Voter
1. The letter, C, stands for the month, i.e., A
for January, B for February, and so forth;
2. The next two digits, 14, stand for the date
of birth;
3. The next two digits, 51, stand for the year
of birth; and
4. The last three letters, BCD, stand for the
name code, i.e., Bayani Cruz Davide.
The last three letters shall stand for the first letter
of the first name, the middle name, and the last
name in that order.
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The Commission shall ensure that Part III hereof of
the voter's identification number (VIN) shall be
permanent and unique to each voter. If necessary,
the Commission may expand and modify the same.
d. The combined birth and name code is assigned
during the lifetime of every voter. Upon transfer of
the voter to another precinct, the first two parts of
the VIN shall change.
Sec. 27. Deactivation of Registration. - The board shall
deactivate the registration and remove the registration
records of the following persons from the corresponding
precinct book of voters and place the same, properly
marked and dated in indelible ink, in the inactive file after
entering the cause or causes of deactivation:
a. Any person who has been sentenced by final
judgment to suffer imprisonment for not less than
one (1) year, such disability not having been
removed by plenary pardon or amnesty: Provided,
however, That any person disqualified to vote
under this paragraph shall automatically reacquire
the right to vote upon expiration of five (5) years
after service of sentence as certified by the clerks of
courts of the Municipal/Municipal
Circuit/Metropolitan/Regional Trial Courts and
the Sandiganbayan;
b. Any person who has been adjudged by final
judgment by a competent court or tribunal of
having caused/committed any crime involving
disloyalty to the duly constituted government such
as rebellion, sedition, violation of the anti-
subversion and firearms laws, or any crime against
national security, unless restored to his full civil
and political rights in accordance with law;
Provided, That he shall regain his right to vote
automatically upon expiration of five (5) years
after service of sentence;
c. Any person declared by competent authority to be
insane or incompetent unless such disqualification
has been subsequently removed by a declaration of
a proper authority that such person is no longer
insane or incompetent;
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d. Any person who did not vote in the two (2)
successive preceding regular elections as shown by
their voting records. For this purpose, regular
elections do not include the Sangguniang Kabataan
(SK) elections;
e. Any person whose registration has been ordered
excluded by the Court; and
f. Any person who has lost his Filipino citizenship.
For this purpose, the clerks of court for
Municipal/Municipal Circuit/Metropolitan/Regional Trial
Courts and the Sandiganbayan shall furnish the Election
Officer of the city or municipality concerned at the end of
each month a certified list of persons who are disqualified
under paragraph (a) hereof, with their addresses. The
Commission may request a certified list of persons who
have lost their Filipino Citizenship or declared as insane or
incompetent with their addresses from other government
agencies.
The Election Officer shall post in the bulletin board of his
office a certified list of those persons whose registration
were deactivated and the reasons therefor, and furnish
copies thereof to the local heads of political parties, the
national central file, provincial file, and the voter concerned.
Sec. 28. Reactivation of Registration. - Any voter whose
registration has been deactivated pursuant to the preceding
Section may file with the Election Officer a sworn
application for reactivation of his registration in the form of
an affidavit stating that the grounds for the deactivation no
longer exist any time but not later than one hundred twenty
(120) days before a regular election and ninety (90) days
before a special election.
The Election Officer shall submit said application to the
Election Registration Board for appropriate action.
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In case the application is approved, the Election Officer shall
retrieve the registration record from the inactive file and
include the same in the corresponding precinct book of
voters. Local heads or representatives of political parties
shall be properly notified on approved applications.
Sec. 29. Cancellation of Registration. - The Board shall
cancel the registration records of those who have died as
the certified by the Local Civil Registrar. The Local Civil
Registrar shall submit each month a certified list of persons
who died during the previous month to the Election Officer
of the place where the deceased are registered. In the
absence of information concerning the place where the
deceased is registered, the list shall be sent to the Election
Officer of the city or municipality of the deceased's
residence as appearing in his death certificate. In any case,
the Local Civil Registrar shall furnish a copy of this list to the
national central file and the proper provincial file.
The Election Officer shall post in the bulletin board of his
office a list of those persons who died whose registrations
were cancelled, and furnish copies thereof to the local heads
of the political parties, the national central file, and the
provincial file.
Sec. 30. Preparation and Posting of the Certified List of
Voters. - The Board shall prepare and post certified list of
voters ninety (90) days before a regular election and sixty
(60) days before a special election and furnish copies
thereof to the provincial, regional and national central files.
Copies of the certified list, along with a certified list of
deactivated voters categorized by precinct per barangay,
within the same period shall likewise be posted in the office
of the Election Officer and in the bulletin board of each
city/municipal hall. Upon payment of the fees as fixed by the
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Commission, the candidates and heads of registered
political parties shall also be furnished copies thereof.
The Board shall also furnish two (2) certified copies for said
certified list of voters, along with a certified list of
deactivated voters to the Board of Election Inspectors for
posting in the polling place and for their reference on
election day.
Sec. 31. Sealing of Precinct Book of Voters. - The Board
shall notify within fifteen (15) days before the start of the
campaign period of all registered political parties and
members of the Board of Election Inspectors to inspect and
verify the completeness of the voter's registration records
for each precinct compiled in the book of voters.
After verification and certification by the Board of Election
Inspectors and party representatives as to the
completeness of the voters' registration records in the
precinct book of voters, the Board shall seal the book of
voters in the presence of the former at the start of the
campaign period and take custody of the same until their
distribution to the Board of Election Inspectors on election
day. The Election Officer shall deliver the sealed precinct
book of voters to the chairman of the Board of Election
Inspectors when the latter secures its official ballots and
other paraphernalia for election day.
Sec. 32. Common Rules Governing Judicial Proceedings
in the Matter of Inclusion, Exclusion, and Correction of
Names of Voters. -
a. Petition for inclusion, exclusion or correction of
names of voters shall be filed during office hours;
b. Notice of the place, date and time of the hearing of
the petition shall be served upon the members of
the Board and the challenged voter upon filing of
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the petition. Service of such notice may be made by
sending a copy thereof by personal delivery, by
leaving it in the possession of a person of sufficient
discretion in the residence of the challenged voter,
or by registered mail. Should the foregoing
procedures not be practicable, the notice shall be
posted in the bulletin board of the city or municipal
hall and in two (2) other conspicuous places within
the city or municipality;
c. A petition shall refer only to one (1) precinct and
implead the Board as respondents;
d. No costs shall be assessed against any party in
these proceedings. However, if the court should
find that the application has been filed solely to
harass the adverse party and cause him to incur
expenses, it shall order the culpable party to pay
the costs and incidental expenses;
e. Any voter, candidate or political party who may be
affected by the proceedings may intervene and
present his evidence;
f. The decision shall be based on the evidence
presented and in no case rendered upon a
stipulation of facts. If the question is whether or not
the voter is real or fictitious, his non-appearance on
the day set for hearing shall be prima facie evidence
that the challenged voter is fictitious; and
g. The petition shall be heard and decided within ten
(10) days from the date of its filing. Cases appealed
to the Regional Trial Court shall be decided within
ten (10) days from receipt of the appeal. In all cases,
the court shall decide these petitions not later than
fifteen (15) days before the election and the
decision shall become final and executory.
Sec. 33. Jurisdiction in Inclusion and Exclusion
Case. The Municipal and Metropolitan Trial Courts shall
have original and exclusive jurisdiction over all cases of
inclusion and exclusion of voters in their respective cities or
municipalities. Decisions of the Municipal or Metropolitan
Trial Courts may be appealed by the aggrieved party to the
Regional Trial Court within five (5) days from receipt of
notice thereof. Otherwise, said decision shall become final
and executory. The regional trial court shall decide the
UNIVERSITY OF SANTO TOMAS
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appeal within ten (10) days from the time it is received and
the decision shall immediately become final and executory.
No motion for reconsideration shall be entertained.
Sec. 34. Petition for Inclusion of Voters in the List. - Any
person whose application for registration has been
disapproved by the Board or whose name has been stricken
out from the list may file with the court a petition to include
his name in the permanent list of voters in his precinct at
any time except one hundred five (105) days prior to a
regular election or seventy-five (75) days prior to a special
election. It shall be supported by a certificate of disapproval
of his application and proof of service of notice of his
petition upon the Board. The petition shall be decided
within fifteen (15) days after its filing.
If the decision is for the inclusion of voters in the permanent
list of voters, the Board shall place the application for
registration previously disapproved in the corresponding
book of voters and indicate in the application for
registration the date of the order of inclusion and the court
which issued the same.
Sec. 35. Petition for Exclusion of Voters from the List. -
Any registered voters, representative of a political party or
the Election Officer, may file with the court a sworn petition
for the exclusion of a voter from the permanent list of voters
giving the name, address and the precinct of the challenged
voter at any time except one hundred (100) days prior to a
regular election or sixty-five (65) days before a special
election. The petition shall be accompanied by proof of
notice to the Board and to the challenged voter and shall be
decided within ten (10) days from its filing.
If the decision is for the exclusion of the voter from the list,
the Board shall, upon receipt of the final decision, remove
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the voter's registration record from the corresponding book
of voters, enter the order of exclusion therein, and
thereafter place the record in the inactive file.
Sec. 36. Verification of Registered Voters. - The Election
officer shall, in order to preserve the integrity of the
permanent list of voters, file exclusion proceedings when
necessary, and verify the list of the registered voters of any
precinct by regular mail or house to house canvass.
The Commission may enlist the help of representatives of
political parties and deputize non-government
organizations (NGOs), civic organizations and barangay
officials to assist in the verification and house to house
canvass of registered voters in every precinct.
Sec. 37. Voter Excluded Through Inadvertence or
Registered with an Erroneous or Misspelled Name. -
Any registered voter who has not been included in the
precinct certified list of voters or who has been included
therein with a wrong or misspelled name may file with the
Board an application for reinstatement or correction of
name. If it is denied or not acted upon, he may file on any
date with the proper Municipal Circuit, Municipal or
Metropolitan Trial Court a petition for an order directing
that his name be entered or corrected in the list. He shall
attach to the petition a certified copy of his registration
record or identification card or the entry of his name in the
certified list of voters used in the preceding election,
together with the proof that his application was denied or
not acted upon by the Board and that he has served notice
to the Board.
Sec. 38. Voters Excluded Through Inadvertence or
Registered with an Erroneous or Mispelled Name. - Any
registered voter whose registration record has not been
UNIVERSITY OF SANTO TOMAS FACULTY OF CIVIL LAW
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included in the precinct book of voters, or whose name has
been omitted in the list of voters or who has been included
therein with a wrong or mispelled name may file with the
Board an application for inclusion of his record, or
reinstatement or correction of his name as the case may be.
the Omnibus Election Code. All such voters shall retain their
voter's identification number. Reconstituted forms shall be
clearly marked with the word "reconstituted."
It shall be the duty of the Election Officer to immediately

If it is denied or not acted upon, the voter may file on any report to the Commission any case of loss or destruction of

date with the proper Municipal or Metropolitan Trial Court registration record in his custody.

a petition for an order directing that the voter's name be

The reconstitution of any lost or destroyed registration
entered or corrected in the list. The voters shall attach to the
records shall not affect the criminal liability of any person
petition a certified true copy of his registration record or
who is responsible for such loss or destruction.
identification card or the entry of his name in the list of
voters used in the preceding election, together with proof
Sec. 41. Examination of Registration Records. - All
that his application was denied or not acted upon by the
registration records/computerized voters list in the
Board and that he has served notice thereof to the Board.
possession of the Election officer, the Provincial Election
Supervisor, and the Commission in Manila shall, during
Sec. 39. Annulment at Book of Voters. - The Commission
regular office hours, be open to examination by the public
shall, upon verified petition of any voter or election officer
for legitimate inquiries on election related matters, free
or duly registered political party, and after notice and
from any charge or access fee.
hearing, annul any book of voters that is not prepared in
accordance with the provisions of this Act or was prepared
Law enforcement agencies may, upon prior authorization
through fraud, bribery, forgery, impersonation,
and subject to regulations promulgated by the Commission,
intimidation, force or any similar irregularity, or which
have access to said registration records should the same be
contains data that are statistically improbable. No order,
necessary to and in aid of their investigative functions and
ruling or decision annulling a book of voters shall be
duties.
executed within ninety (90) days before an election.

Sec. 42. Right to Information. - The duly authorized

Sec. 40. Reconstitution of Lost or Destroyed
representative of a registered political party or of a bonafide
Registration Records. - The Commission shall reconstitute
candidate shall have the right to inspect and/or copy at
all registration records which have been lost or destroyed
their expense the accountable registration forms and/or the
by using the corresponding copies of the provincial or
list of registered voters in the precincts constituting the
national central files. In case of conflict the Commission
constituency of the bonafide candidate or at which the
shall determine which file shall be used for reconstitution
political party is fielding candidates. The inspection and
purposes. If this is not feasible, the Commission shall
copying shall be conducted during business hours of the
conduct a general registration of voters in the affected area:
Commission and shall be subject to reasonable regulations.
Provided, That there is a scheduled election before the next
scheduled general registration of voters in accordance with

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Sec. 43. Computerization of Permanent List of Voters. -
A permanent and computerized list arranged by precinct,
city or municipality, province and region shall be prepared
by the Commission. Thereafter, another list shall be
prepared consisting of the names of the voters, arranged
alphabetically according to surnames.
The computer print-outs of the list of voters duly certified
by the Board are official documents and shall be used for
voting and other election related purposes as well as for
legitimate research needs.
The total number of voters in the permanent list shall be the
basis for the printing of the official ballots by the
Commission.
Sec. 44. Reassignment of Election Officers. - No Election
Officer shall hold office in a particular city or municipality
for more than four (4) years. Any election officer who, either
at the time of the approval of this Act or subsequent thereto,
has served for at least four (4) years in a particular city or
municipality shall automatically be reassigned by the
Commission to a new station outside the original
congressional district.
Sec. 45. Election Offenses. - The following shall be
considered election offenses under this Act
a. to deliver, hand over, entrust or give, directly or
indirectly, his voter's identification card to another
in consideration of money or other benefit of
promise; or take or accept such voter's
identification card, directly or indirectly, by giving
or causing the giving or money or other benefit or
making or causing the making of a promise
therefore;
b. to fail, without cause, to post or give any of the
notices or to make any of the reports re-acquired
under this Act;
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c. to issue or cause the issuance of a voter's
identification number or to cancel or cause the
cancellation thereof in violation of the provisions of
this Act; or to refuse the issuance of registered
voters their voter's identification card;
d. to accept an appointment, to assume office and to
actually serve as a member of the Election
Registration Board although ineligible thereto, to
appoint such ineligible person knowing him to be
ineligible;
e. to interfere with, impede, abscond for purpose of
gain or to prevent the installation or use of
computers and devices and the processing, storage,
generation, and transmission of registration data
or information;
f. to gain, cause access to use, alter, destroy, or
disclose any computer data, program, system
software, network, or any computer-related
devices, facilities, hardware or equipment, whether
classified or declassified;
g. failure to provide certified voters and deactivated
voters list to candidates and heads of
representatives of political parties upon written
request as provided in Section 30 hereof;
h. failure to include the approved application form for
registration of a qualified voter in the book of
voters of a particular precinct or the omission of
the name of a duly registered voter in the certified
list of voters of the precinct where he is duly,
registered resulting in his failure to cast his vote
during an election, plebiscite, referendum,
initiative and/or recall. The presence of the form or
name in the book of voters or certified list of voters
in precincts other than where he is duly registered
shall not be an excuse hereof;
i. the posting of a list of voters outside or at the door
of a precinct on the day of an election, plebiscite,
referendum, initiative and/or recall, and which list
is different in contents from the certified list of
voters being used by the Board of Election
Inspectors; and
j. Violation of the provisions of this Act.
UNIVERSITY OF SANTO TOMAS
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Sec. 46. Penalties. - Any person found guilty of any Election
offense under this Act shall be punished with imprisonment
of not less than one (1) year but not more than six (6) years
and shall not be subject to probation. In addition, the guilty
party shall be sentenced to suffer disqualification to hold
public office and deprivation of the right of suffrage. If he is
a foreigner, he shall be deported after the prison term has
been served. Any political party found guilty shall be
sentenced to pay a fine of not less than One hundred
thousand pesos (P100,000) but not more than Five hundred
thousand pesos (P500,000).
Sec. 47. Funding. - The amount of Two billion pesos
(2,000,000,000) is hereby included in the General
Appropriations Act for the fiscal year 1997 to defray the
expenses for the registration activities.
Sec. 48. Multi-partisan Monitoring and Evaluation
Committee. - A Monitoring and Evaluation Committee is
hereby created composed of seven (7) members to be based
on party representation of the seven (7) major political
parties that fielded presidential candidates in the 1992
synchronized elections. The Committee is an ad hoc body
attached to the Commission but not subject to its
supervision and control.
The task of the Committee is to monitor and evaluate the
system, procedures or guidelines prepared by the
Commission for the conduct of the general registration and
the continuing system of registration in accordance with
this Act.
The Committee shall prepare two reports outlining the
findings and recommendations for immediate action or
institution of corrective measures by the Commission
and/or Congress. The first report shall be submitted to the
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Commission and Congress three (3) months before the
holding of the general registration. The second report shall
be due at the end of the year on the initial implementation
of the system of continuing registration.
The amount not less than Fifty million pesos (P50,000,000)
but not more than One hundred million pesos
(P100,000,000) is hereby allocated from the Two billion
pesos (P2,000,000,000) allocation provided in the
preceding section for the operations of the Committee. This
amount shall be held in trust by the Commission subject to
the usual accounting and auditing procedures.
Sec. 49. Rules and Regulations. - The Commission shall
promulgate the necessary rules and regulations to
implement the provisions of this Act not later than ninety
(90) days before the first day of registration as provided for
in this Act.
Sec. 50. Separability Clause. - If any part of this Act is held
invalid or unconstitutional, the other parts or provisions
hereof shall remain valid and effective.
Sec. 51. Repealing Clause. - All laws, decrees, executive
orders, rules and regulations inconsistent with this Act are
hereby repealed or modified accordingly.
Sec. 52. Effectivity. - This Act shall take effect fifteen (15)
days after its publication in at least two (2) newspapers of
general circulation.
Approved, June 11, 1996.
UNIVERSITY OF SANTO TOMAS
APEL - GARGANTIEL PROVIS [FINALS]
AN ACT PROVIDING FOR MANDATORY BIOMETRICS
VOTER REGISTRATION
RA 10367
Section 1. Declaration of Policy. – It is the policy of the State
to establish a clean, complete, permanent and updated list
of voters through the adoption of biometric technology.
Section 2. Definition of Terms. – As used in this Act:
(a) Commission refers to the Commission on
Elections (COMELEC).
(b) Biometrics refers to the quantitative analysis
that provides a positive identification of an
individual such as voice, photograph, fingerprint,
signature, iris and/or such other identifiable
features.
(c) Data Capture Machine (DCM) is the device
which captures the biometrics of an individual.
(d) Validation is the process of taking the
biometrics of registered voters whose biometrics
have not yet been captured.
(e) Deactivation refers to the removal of the
registration record of the registered voter from the
corresponding precinct book of voters for failure to
comply with the validation process as required by
this Act.
(f) Reactivation refers to the reinstatement of a
deactivated voter.
Section 3. Who Shall Submit for Validation. – Registered
voters whose biometrics have not been captured shall
submit themselves for validation.
Section 4. Who Shall Conduct the Validation. – The City or
Municipal Election Officer shall conduct the validation.
Section 5. Commencement of Validation. – The Commission
shall conduct validation beginning July 1, 2013, consistent
with the continuing registration under Republic Act No.
8189.
Section 6. Publication and Notice Requirement. – The
Commission shall cause the publication of the
commencement of the validation in two (2) newspapers of
general circulation. The City or Municipal Election Officer
shall serve individual written notices by registered mail
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with return card to the voters concerned at their latest
address in the voter’s registration record and post the list of
the voters concerned in the city or municipal bulletin board
and in the local COMELEC office.
Section 7. Deactivation. – Voters who fail to submit for
validation on or before the last day of filing of application
for registration for purposes of the May 2016 elections shall
be deactivated pursuant to this Act.
Section 8. Reactivation. – Those deactivated under the
preceding section may apply for reactivation after the May
2016 elections following the procedure provided in Section
28 of Republic Act No. 8189.
Section 9. Database Security. – The database generated by
biometric registration shall be secured by the Commission
and shall not be used, under any circumstance, for any
purpose other than for electoral exercises.
Section 10. Mandatory Biometrics Registration. – The
Commission shall implement a mandatory biometrics
registration system for new voters.
Section 11. Prohibited Acts. – The following shall be
election offenses punishable under Sections 263 and 264 of
Batas Pambansa Bilang 881, as amended, otherwise known
as the "Omnibus Election Code":
(a) Any person who shall prohibit, impede,
obstruct or prevent a registered voter or a new
voter from submitting his or her biometrics for
capture through the use of force, intimidation or
monetary consideration; and
(b) Any public official or person who, under the
guise of implementing this Act, shall unjustifiably
and without due process, cause the deactivation or
reactivation of any registered voter.
Section 12. Rules and Regulations. – The Commission
shall, within sixty (60) days after the effectivity of this Act,
promulgate the implementing rules and regulations.
Section 13. Separability Clause. – If any part of this Act is
held invalid or unconstitutional, the other parts or
provisions hereof shall remain valid and effective.
Section 14. Repealing Clause. – All laws, decrees,
executive orders, rules and regulations inconsistent with
this Act are hereby repealed or modified accordingly.
UNIVERSITY OF SANTO TOMAS
APEL - GARGANTIEL PROVIS [FINALS]
Section 15. Effectivity Clause. – This Act shall take effect
fifteen (15) days after its publication in at least two (2)
newspapers of general circulation.
B. Political Parties
1987 Constitution
ARTICLE IX-C
THE COMMISSION ON ELECTION
Sec. 2. The Commission on Elections shall exercise the
following powers and functions:
xxx
(5) Register, after sufficient publication, political parties,
organizations, or coalitions which, in addition to other
requirements, must present their platform or program of
government; and accredit citizens’ arms of the Commission
on Elections. Religious denominations and sects shall not be
registered. Those which seek to achieve their goals through
violence or unlawful means, or refuse to uphold and adhere
to this Constitution, or which are supported by any foreign
government shall likewise be refused registration.
Financial contributions from foreign governments and their
agencies to political parties, organizations, coalitions, or
candidates related to elections, constitute interference in
national affairs, and, when accepted, shall be an additional
ground for the cancellation of their registration with the
Commission, in addition to other penalties that may be
prescribed by law.
xxx
OMNIBUS ELECTION CODE
BP 881
ARTICLE VIII
POLITICAL PARTIES
Section 60. Political party. - "Political party" or "party",
when used in this Act, means an organized group of persons
pursuing the same ideology, political ideas or platforms of
government and includes its branches and divisions. To
acquire juridical personality, quality it for subsequent
accreditation, and to entitle it to the rights and privileges
herein granted to political parties, a political party shall first
be duly registered with the Commission. Any registered
political party that, singly or in coalition with others, fails to
obtain at least ten percent of the votes cast in the
constituency in which it nominated and supported a
candidate or candidates in the election next following its
registration shall, after notice and hearing be deemed to
have forfeited such status as a registered political party in
such constituency.
Section 61. Registration. - Any organized group of persons
seeking registration as a national or regional political party
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may file with the Commission a verified petition attaching
thereto its constitution and by-laws, platform or program of
government and such other relevant information as may be
required by the Commission. The Commission shall, after
due notice and hearing, resolve the petition within ten days
from the date it is submitted for decision.
No religious sect shall be registered as a political party and
no political party which seeks to achieve its goal through
violence shall be entitled to accreditation.
Section 62. Publication of petition for registration or
accreditation. - The Commission shall require publication
of the petition for registration or accreditation in at least
three newspapers of general circulation and shall, after due
notice and hearing, resolve the petition within fifteen days
from the date it is submitted for decision.
ARTICLE IX
ELIGIBILITY OF CANDIDATES &
CERTIFICATE OF CANDIDACY
Section 70. Guest candidacy. - A political party may
nominate and/or support candidates not belonging to it.
1. Party-list System
1987 Constituion
ARTICLE IX-C
COMMISSION ON ELECTIONS
Section 7. No votes cast in favor of a political party,
organization, or coalition shall be valid, except for those
registered under the party-list system as provided in this
Constitution.
ARTICLE VI
LEGISLATIVE DEPARTMENT
Section 5. x x x (2) The party-list representatives shall
constitute twenty per centum of the total number of
representatives including those under the party list. For
three consecutive terms after the ratification of this
Constitution, one-half of the seats allocated to party-list
representatives shall be filled, as provided by law, by
selection or election from the labor, peasant, urban poor,
indigenous cultural communities, women, youth, and such
other sectors as may be provided by law, except the
religious sector.
xxx
UNIVERSITY OF SANTO TOMAS
APEL - GARGANTIEL PROVIS [FINALS]
PARTY-LIST SYSTEM ACT
RA 7941
Section 1. Title. This Act shall be known as the "Party-List
System Act."
Section 2. Declaration of part y. The State shall promote
proportional representation in the election of
representatives to the House of Representatives through a
party-list system of registered national, regional and
sectoral parties or organizations or coalitions thereof,
which will enable Filipino citizens belonging to
marginalized and under-represented sectors, organizations
and parties, and who lack well-defined political
constituencies but who could contribute to the formulation
and enactment of appropriate legislation that will benefit
the nation as a whole, to become members of the House of
Representatives. Towards this end, the State shall develop
and guarantee a full, free and open party system in order to
attain the broadcast possible representation of party,
sectoral or group interests in the House of Representatives
by enhancing their chances to compete for and win seats in
the legislature, and shall provide the simplest scheme
possible.
Section 3. Definition of Terms. (a) The party-list system
is a mechanism of proportional representation in the
election of representatives to the House of Representatives
from national, regional and sectoral parties or
organizations or coalitions thereof registered with the
Commission on Elections (COMELEC). Component parties
or organizations of a coalition may participate
independently provided the coalition of which they form
part does not participate in the party-list system.
(b) A party means either a political party or a sectoral party
or a coalition of parties.
(c) A political party refers to an organized group of citizens
advocating an ideology or platform, principles and policies
for the general conduct of government and which, as the
most immediate means of securing their adoption, regularly
nominates and supports certain of its leaders and members
as candidates for public office.
It is a national party when its constituency is spread over
the geographical territory of at least a majority of the
regions. It is a regional party when its constituency is
spread over the geographical territory of at least a majority
of the cities and provinces comprising the region.
(d) A sectoral party refers to an organized group of citizens
belonging to any of the sectors enumerated in Section 5
hereof whose principal advocacy pertains to the special
interest and concerns of their sector,
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(e) A sectoral organization refers to a group of citizens or a
coalition of groups of citizens who share similar physical
attributes or characteristics, employment, interests or
concerns.
(f) A coalition refers to an aggrupation of duly registered
national, regional, sectoral parties or organizations for
political and/or election purposes.
Section 4. Manifestation to Participate in the Party-List
System. Any party, organization, or coalition already
registered with the Commission need not register anew.
However, such party, organization, or coalition shall file
with the Commission, not later than ninety (90) days before
the election, a manifestation of its desire to participate in
the party-list system.
Section 5. Registration. Any organized group of persons
may register as a party, organization or coalition for
purposes of the party-list system by filing with the
COMELEC not later than ninety (90) days before the
election a petition verified by its president or secretary
stating its desire to participate in the party-list system as a
national, regional or sectoral party or organization or a
coalition of such parties or organizations, attaching thereto
its constitution, by-laws, platform or program of
government, list of officers, coalition agreement and other
relevant information as the COMELEC may require:
Provided, That the sectors shall include labor, peasant,
fisherfolk, urban poor, indigenous cultural communities,
elderly, handicapped, women, youth, veterans, overseas
workers, and professionals.
The COMELEC shall publish the petition in at least two (2)
national newspapers of general circulation.
The COMELEC shall, after due notice and hearing, resolve
the petition within fifteen (15) days from the date it was
submitted for decision but in no case not later than sixty
(60) days before election.
Section 6. Refusal and/or Cancellation of Registration.
The COMELEC may, motu propio or upon verified complaint
of any interested party, refuse or cancel, after due notice
and hearing, the registration of any national, regional or
sectoral party, organization or coalition on any of the
following grounds:
(1) It is a religious sect or denomination, organization or
association, organized for religious purposes;
(2) It advocates violence or unlawful means to seek its goal;
(3) It is a foreign party or organization;
UNIVERSITY OF SANTO TOMAS
APEL - GARGANTIEL PROVIS [FINALS]
(4) It is receiving support from any foreign government,
foreign political party, foundation, organization, whether
directly or through any of its officers or members or
indirectly through third parties for partisan election
purposes;
(5) It violates or fails to comply with laws, rules or
regulations relating to elections;
(6) It declares untruthful statements in its petition;
(7) It has ceased to exist for at least one (1) year; or
(8) It fails to participate in the last two (2) preceding
elections or fails to obtain at least two per centum (2%) of
the votes cast under the party-list system in the two (2)
preceding elections for the constituency in which it has
registered.
Section 7. Certified List of Registered Parties. The
COMELEC shall, not later than sixty (60) days before
election, prepare a certified list of national, regional, or
sectoral parties, organizations or coalitions which have
applied or who have manifested their desire to participate
under the party-list system and distribute copies thereof to
all precincts for posting in the polling places on election day.
The names of the part y-list nominees shall not be shown on
the certified list.
Section 8. Nomination of Party-List Representatives.
Each registered party, organization or coalition shall submit
to the COMELEC not later than forty-five (45) days before
the election a list of names, not less than five (5), from which
party-list representatives shall be chosen in case it obtains
the required number of votes.
A person may be nominated in one (1) list only. Only
persons who have given their consent in writing may be
named in the list. The list shall not include any candidate for
any elective office or a person who has lost his bid for an
elective office in the immediately preceding election. No
change of names or alteration of the order of nominees shall
be allowed after the same shall have been submitted to the
COMELEC except in cases where the nominee dies, or
withdraws in writing his nomination, becomes
incapacitated in which case the name of the substitute
nominee shall be placed last in the list. Incumbent sectoral
representatives in the House of Representatives who are
nominated in the party-list system shall not be considered
resigned.
Section 9. Qualifications of Party-List Nominees. No
person shall be nominated as party-list representative
unless he is a natural-born citizen of the Philippines, a
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registered voter, a resident of the Philippines for a period of
not less than one (1)year immediately preceding the day of
the election, able to read and write, a bona fide member of
the party or organization which he seeks to represent for at
least ninety (90) days preceding the day of the election, and
is at least twenty-five (25) years of age on the day of the
election.
In case of a nominee of the youth sector, he must at least be
twenty-five (25) but not more than thirty (30) years of age
on the day of the election. Any youth sectoral representative
who attains the age of thirty (30) during his term shall be
allowed to continue in office until the expiration of his term.
Section 10. Manner of Voting. Every voter shall be entitled
to two (2) votes: the first is a vote for candidate for member
of the House of Representatives in his legislative district,
and the second, a vote for the party, organizations, or
coalition he wants represented in the house of
Representatives: Provided, That a vote cast for a party,
sectoral organization, or coalition not entitled to be voted
for shall not be counted: Provided, finally, That the first
election under the party-list system shall be held in May
1998.
The COMELEC shall undertake the necessary information
campaign for purposes of educating the electorate on the
matter of the party-list system.
Section 11. Number of Party-List Representatives. The
party-list representatives shall constitute twenty per
centum (20%) of the total number of the members of the
House of Representatives including those under the party-
list.
For purposes of the May 1998 elections, the first five (5)
major political parties on the basis of party representation
in the House of Representatives at the start of the Tenth
Congress of the Philippines shall not be entitled to
participate in the party-list system.
In determining the allocation of seats for the second vote,
the following procedure shall be observed:
(a) The parties, organizations, and coalitions shall be
ranked from the highest to the lowest based on the number
of votes they garnered during the elections.
(b) The parties, organizations, and coalitions receiving at
least two percent (2%) of the total votes cast for the party-
list system shall be entitled to one seat each: Provided, That
those garnering more than two percent (2%) of the votes
shall be entitled to additional seats in proportion to their
total number of votes : Provided, finally, That each party,
UNIVERSITY OF SANTO TOMAS
APEL - GARGANTIEL PROVIS [FINALS]
organization, or coalition shall be entitled to not more than
three (3) seats.
Section 12. Procedure in Allocating Seats for Party-List
Representatives. The COMELEC shall tally all the votes for
the parties, organizations, or coalitions on a nationwide
basis, rank them according to the number of votes received
and allocate party-list representatives proportionately
according to the percentage of votes obtained by each party,
organization, or coalition as against the total nationwide
votes cast for the party-list system.
Section 13. How Party-List Representatives are Chosen.
Party-list representatives shall be proclaimed by the
COMELEC based on the list of names submitted by the
respective parties, organizations, or coalitions to the
COMELEC according to their ranking in said list.
Section 14. Term of Office. Party-list representatives shall
be elected for a term of three (3) years which shall begin,
unless otherwise provided by law, at noon on the thirtieth
day of June next following their election. No party-list
representatives shall serve for more than three (3)
consecutive terms. Voluntary renunciation of the office for
any length of time shall not be considered as an interruption
in the continuity his service for the full term for which he
was elected.
Section 15. Change of Affiliation; Effect. Any elected
party-list representative who changes his political party or
sectoral affiliation during his term of office shall forfeit his
seat: Provided, That if he changes his political party or
sectoral affiliation within six (6) months before an election,
he shall not be eligible for nomination as party-list
representative under his new party or organization.
Section 16. Vacancy. In case of vacancy in the seats
reserved for party-list representatives, the vacancy shall be
automatically filled by the next representative from the list
of nominees in the order submitted to the COMELEC by the
same party, organization, or coalition, who shall serve for
the unexpired term. If the list is exhausted, the party,
organization coalition concerned shall submit additional
nominees.
Section 17. Rights of Party-List Representatives. Party-
List Representatives shall be entitled to the same salaries
and emoluments as regular members of the House of
Representatives.
Section 18. Rules and Regulations. The COMELEC shall
promulgate the necessary rules and regulations as may be
necessary to carry out the purposes of this Act.
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Section 19. Appropriations. The amount necessary for the
implementation of this Act shall be provided in the regular
appropriations for the Commission on Elections starting
fiscal year 1996 under the General Appropriations Act.
Starting 1995, the COMELEC is hereby authorized to utilize
savings and other available funds for purposes of its
information campaign on the party-list system.
Section 20. Separability Clause. If any part of this Act is
held invalid or unconstitutional, the other parts or
provisions thereof shall remain valid and effective.
Section 21. Repealing Clause. All laws, decrees, executive
orders, rules and regulations, or parts thereof, inconsistent
with the provisions of this Act are hereby repealed.
Section 22. Effectivity. This Act shall take effect fifteen
(15) days after its publication in a newspaper of general
circulation.
Approved, March 3, 1995.
C. Candidates
OMNIBUS ELECTION CODE
BP 881
ARTICLE IX
ELIGIBILITY OF CANDIDATES &
CERTIFICATE OF CANDIDACY
Section 65. Qualifications of elective local officials. - The
qualifications for elective provincial, city, municipal and
barangay officials shall be those provided for in the Local
Government Code.
Section 66. Candidates holding appointive office or
positions. - Any person holding a public appointive office
or position, including active members of the Armed Forces
of the Philippines, and officers and employees in
government-owned or controlled corporations, shall be
considered ipso facto resigned from his office upon the
filing of his certificate of candidacy.
Section 67. Candidates holding elective office. - Any
elective official, whether national or local, running for any
office other than the one which he is holding in a permanent
capacity, except for President and Vice-President, shall be
considered ipso facto resigned from his office upon the
filing of his certificate of candidacy.
Section 68. Disqualifications. - Any candidate who, in an
action or protest in which he is a party is declared by final
decision of a competent court guilty of, or found by the
Commission of having (a) given money or other material
consideration to influence, induce or corrupt the voters or
UNIVERSITY OF SANTO TOMAS
APEL - GARGANTIEL PROVIS [FINALS]
public officials performing electoral functions; (b)
committed acts of terrorism to enhance his candidacy; (c)
spent in his election campaign an amount in excess of that
allowed by this Code; (d) solicited, received or made any
contribution prohibited under Sections 89, 95, 96, 97 and
104; or (e) violated any of Sections 80, 83, 85, 86 and 261,
paragraphs d, e, k, v, and cc, subparagraph 6, shall be
disqualified from continuing as a candidate, or if he has
been elected, from holding the office. Any person who is a
permanent resident of or an immigrant to a foreign country
shall not be qualified to run for any elective office under this
Code, unless said person has waived his status as
permanent resident or immigrant of a foreign country in
accordance with the residence requirement provided for in
the election laws.
Section 69. Nuisance candidates. - The Commission may
motu proprio or upon a verified petition of an interested
party, refuse to give due course to or cancel a certificate of
candidacy if it is shown that said certificate has been filed to
put the election process in mockery or disrepute or to cause
confusion among the voters by the similarity of the names
of the registered candidates or by other circumstances or
acts which clearly demonstrate that the candidate has no
bona fide intention to run for the office for which the
certificate of candidacy has been filed and thus prevent a
faithful determination of the true will of the electorate.
Section 70. Guest candidacy. - A political party may
nominate and/or support candidates not belonging to it.
Section 72. Effects of disqualification cases and priority.
- The Commission and the courts shall give
priority to cases of disqualification by reason of violation of
this Act to the end that a final decision shall be rendered not
later than seven days before the election in which the
disqualification is sought.
Any candidate who has been declared by final judgment to
be disqualified shall not be voted for, and the votes cast for
him shall not be counted. Nevertheless, if for any reason, a
candidate is not declared by final judgment before an
election to be disqualified and he is voted for and receives
the winning number of votes in such election, his violation
of the provisions of the preceding sections shall not prevent
his proclamation and assumption to office.
Section 73. Certificate of candidacy. - No person shall be
eligible for any elective public office unless he files a sworn
certificate of candidacy within the period fixed herein.
A person who has filed a certificate of candidacy may, prior
to the election, withdraw the same by submitting to the
office concerned a written declaration under oath.
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No person shall be eligible for more than one office to be
filled in the same election, and if he files his certificate of
candidacy for more than one office, he shall not be eligible
for any of them.
However, before the expiration of the period for the filing of
certificates of candidacy, the person who was filed more
than one certificate of candidacy may declare under oath
the office for which he desires to be eligible and cancel the
certificate of candidacy for the other office or offices.
The filing or withdrawal of a certificate of candidacy shall
not affect whatever civil, criminal or administrative
liabilities which a candidate may have incurred.
Section 74. Contents of certificate of candidacy. - The
certificate of candidacy shall state that the person filing it is
announcing his candidacy for the office stated therein and
that he is eligible for said office; if for Member of the
Batasang Pambansa, the province, including its component
cities, highly urbanized city or district or sector which he
seeks to represent; the political party to which he belongs;
civil status; his date of birth; residence; his post office
address for all election purposes; his profession or
occupation; that he will support and defend the
Constitution of the Philippines and will maintain true faith
and allegiance thereto; that he will obey the laws, legal
orders, and decrees promulgated by the duly constituted
authorities; that he is not a permanent resident or
immigrant to a foreign country; that the obligation imposed
by his oath is assumed voluntarily, without mental
reservation or purpose of evasion; and that the facts stated
in the certificate of candidacy are true to the best of his
knowledge.
Unless a candidate has officially changed his name through
a court approved proceeding, a certificate shall use in a
certificate of candidacy the name by which he has been
baptized, or if has not been baptized in any church or
religion, the name registered in the office of the local civil
registrar or any other name allowed under the provisions of
existing law or, in the case of a Muslim, his Hadji name after
performing the prescribed religious pilgrimage: Provided,
That when there are two or more candidates for an office
with the same name and surname, each candidate, upon
being made aware or such fact, shall state his paternal and
maternal surname, except the incumbent who may continue
to use the name and surname stated in his certificate of
candidacy when he was elected. He may also include one
nickname or stage name by which he is generally or
popularly known in the locality.
The person filing a certificate of candidacy shall also affix
his latest photograph, passport size; a statement in
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duplicate containing his bio-data and program of
government not exceeding one hundred words, if he so
desires.
Section 75. Filing and distribution of certificate of
candidacy. - The certificate of candidacy shall be filed on
any day from the commencement of the election period but
not later than the day before the beginning of the campaign
period: Provided, That in cases of postponement or failure
of election under Sections 5 and 6 hereof, no additional
certificate of candidacy shall be accepted except in cases of
substitution of candidates as provided under Section 77
hereof.
The certificates of candidacy for President and Vice-
President of the Philippines shall be filed in ten legible
copies with the Commission which shall order the printing
of copies thereof for distribution to all polling places. The
certificates of candidacy for the other offices shall be filed in
duplicate with the offices herein below mentioned, together
with a number of clearly legible copies equal to twice the
number of polling places in the province, city, district,
municipality or barangay, as the case may be:
(a) For representative in the Batasang Pambansa, with the
Commission, the provincial election supervisor, city
election registrar in case of highly urbanized cities, or an
officer designated by the Commission having jurisdiction
over the province, city or representative district who shall
send copies thereof to all polling places in the province, city
or district;
(b) For provincial offices, with the provincial election
supervisor of the province concerned who shall send copies
thereof to all polling places in the province;
(c) For city and municipal offices, with the city or municipal
election registrar who shall send copies thereof to all
polling places in the city or municipality; and
(d) For punong barangay or kagawad ng sangguniang
barangay, the certificates of candidacy shall be filed in
accordance with the provisions of Section 39 of Article VI of
this Code.
The duly authorized receiving officer shall immediately
send the original copy of all certificates of candidacy
received by him to the Commission.
Section 76. Ministerial duty of receiving and
acknowledging receipt. - The Commission, provincial
election supervisor, election registrar or officer designated
by the Commission or the board of election inspectors
under the succeeding section shall have the ministerial duty
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to receive and acknowledge receipt of the certificate of
candidacy.
Section 77. Candidates in case of death, disqualification
or withdrawal of another. - If after the last day for the
filing of certificates of candidacy, an official candidate of a
registered or accredited political party dies, withdraws or is
disqualified for any cause, only a person belonging to, and
certified by, the same political party may file a certificate of
candidacy to replace the candidate who died, withdrew or
was disqualified. The substitute candidate nominated by
the political party concerned may file his certificate of
candidacy for the office affected in accordance with the
preceding sections not later than mid-day of the day of the
election. If the death, withdrawal or disqualification should
occur between the day before the election and mid-day of
election day, said certificate may be filed with any board of
election inspectors in the political subdivision where he is a
candidate, or, in the case of candidates to be voted for by the
entire electorate of the country, with the Commission.
Section 78. Petition to deny due course to or cancel a
certificate of candidacy. - A verified petition seeking to
deny due course or to cancel a certificate of candidacy may
be filed by the person exclusively on the ground that any
material representation contained therein as required
under Section 74 hereof is false. The petition may be filed at
any time not later than twenty-five days from the time of the
filing of the certificate of candidacy and shall be decided,
after due notice and hearing, not later than fifteen days
before the election.
ARTICLE X
CAMPAIGN AND ELECTION PROPAGANDA
Section 79. Definitions. - As used in this Code:
(a) The term "candidate" refers to any person aspiring for
or seeking an elective public office, who has filed a
certificate of candidacy by himself or through an accredited
political party, aggroupment, or coalition of parties;
(b) The term "election campaign" or "partisan political
activity" refers to an act designed to promote the election
or defeat of a particular candidate or candidates to a public
office which shall include:
(1) Forming organizations, associations, clubs, committees
or other groups of persons for the purpose of soliciting
votes and/or undertaking any campaign for or against a
candidate;
(2) Holding political caucuses, conferences, meetings,
rallies, parades, or other similar assemblies, for the purpose
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of soliciting votes and/or undertaking any campaign or
propaganda for or against a candidate;
(3) Making speeches, announcements or commentaries, or
holding interviews for or against the election of any
candidate for public office;
(4) Publishing or distributing campaign literature or
materials designed to support or oppose the election of any
candidate; or
(5) Directly or indirectly soliciting votes, pledges or support
for or against a candidate.
The foregoing enumerated acts if performed for the
purpose of enhancing the chances of aspirants for
nomination for candidacy to a public office by a political
party, aggroupment, or coalition of parties shall not be
considered as election campaign or partisan election
activity.
Public expressions or opinions or discussions of probable
issues in a forthcoming election or on attributes of or
criticisms against probable candidates proposed to be
nominated in a forthcoming political party convention shall
not be construed as part of any election campaign or
partisan political activity contemplated under this Article.
1. Certificates of Candidacy
OMNIBUS ELECTION CODE
BP 881
ARTICLE IX
ELIGIBILITY OF CANDIDATES &
CERTIFICATE OF CANDIDACY
Section 66. Candidates holding appointive office or
positions. - Any person holding a public appointive office
or position, including active members of the Armed Forces
of the Philippines, and officers and employees in
government-owned or controlled corporations, shall be
considered ipso facto resigned from his office upon the
filing of his certificate of candidacy.
Section 73. Certificate of candidacy. - No person shall be
eligible for any elective public office unless he files a sworn
certificate of candidacy within the period fixed herein.
A person who has filed a certificate of candidacy may, prior
to the election, withdraw the same by submitting to the
office concerned a written declaration under oath.
No person shall be eligible for more than one office to be
filled in the same election, and if he files his certificate of
candidacy for more than one office, he shall not be eligible
for any of them.
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However, before the expiration of the period for the filing of
certificates of candidacy, the person who was filed more
than one certificate of candidacy may declare under oath
the office for which he desires to be eligible and cancel the
certificate of candidacy for the other office or offices.
The filing or withdrawal of a certificate of candidacy shall
not affect whatever civil, criminal or administrative
liabilities which a candidate may have incurred.
Section 74. Contents of certificate of candidacy. - The
certificate of candidacy shall state that the person filing it is
announcing his candidacy for the office stated therein and
that he is eligible for said office; if for Member of the
Batasang Pambansa, the province, including its component
cities, highly urbanized city or district or sector which he
seeks to represent; the political party to which he belongs;
civil status; his date of birth; residence; his post office
address for all election purposes; his profession or
occupation; that he will support and defend the
Constitution of the Philippines and will maintain true faith
and allegiance thereto; that he will obey the laws, legal
orders, and decrees promulgated by the duly constituted
authorities; that he is not a permanent resident or
immigrant to a foreign country; that the obligation imposed
by his oath is assumed voluntarily, without mental
reservation or purpose of evasion; and that the facts stated
in the certificate of candidacy are true to the best of his
knowledge.
Unless a candidate has officially changed his name through
a court approved proceeding, a certificate shall use in a
certificate of candidacy the name by which he has been
baptized, or if has not been baptized in any church or
religion, the name registered in the office of the local civil
registrar or any other name allowed under the provisions of
existing law or, in the case of a Muslim, his Hadji name after
performing the prescribed religious pilgrimage: Provided,
That when there are two or more candidates for an office
with the same name and surname, each candidate, upon
being made aware or such fact, shall state his paternal and
maternal surname, except the incumbent who may continue
to use the name and surname stated in his certificate of
candidacy when he was elected. He may also include one
nickname or stage name by which he is generally or
popularly known in the locality.
The person filing a certificate of candidacy shall also affix
his latest photograph, passport size; a statement in
duplicate containing his bio-data and program of
government not exceeding one hundred words, if he so
desires.
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Section 75. Filing and distribution of certificate of
candidacy. - The certificate of candidacy shall be filed on
any day from the commencement of the election period but
not later than the day before the beginning of the campaign
period: Provided, That in cases of postponement or failure
of election under Sections 5 and 6 hereof, no additional
certificate of candidacy shall be accepted except in cases of
substitution of candidates as provided under Section 77
hereof.
The certificates of candidacy for President and Vice-
President of the Philippines shall be filed in ten legible
copies with the Commission which shall order the printing
of copies thereof for distribution to all polling places. The
certificates of candidacy for the other offices shall be filed in
duplicate with the offices herein below mentioned, together
with a number of clearly legible copies equal to twice the
number of polling places in the province, city, district,
municipality or barangay, as the case may be:
(a) For representative in the Batasang Pambansa, with the
Commission, the provincial election supervisor, city
election registrar in case of highly urbanized cities, or an
officer designated by the Commission having jurisdiction
over the province, city or representative district who shall
send copies thereof to all polling places in the province, city
or district;
(b) For provincial offices, with the provincial election
supervisor of the province concerned who shall send copies
thereof to all polling places in the province;
(c) For city and municipal offices, with the city or municipal
election registrar who shall send copies thereof to all
polling places in the city or municipality; and
(d) For punong barangay or kagawad ng sangguniang
barangay, the certificates of candidacy shall be filed in
accordance with the provisions of Section 39 of Article VI of
this Code.
The duly authorized receiving officer shall immediately
send the original copy of all certificates of candidacy
received by him to the Commission.
Section 76. Ministerial duty of receiving and
acknowledging receipt. - The Commission, provincial
election supervisor, election registrar or officer designated
by the Commission or the board of election inspectors
under the succeeding section shall have the ministerial duty
to receive and acknowledge receipt of the certificate of
candidacy.
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3. Citizenship
CITIZENSHIP RETENTION &
RE-ACQUISITION ACT OF 2003
Section 1. Short Title – this act shall be known as the
"Citizenship Retention and Re-acquisition Act of 2003."
Section 2. Declaration of Policy - It is hereby declared the
policy of the State that all Philippine citizens of another
country shall be deemed not to have lost their Philippine
citizenship under the conditions of this Act.
Section 3. Retention of Philippine Citizenship - Any
provision of law to the contrary notwithstanding, natural-
born citizenship by reason of their naturalization as citizens
of a foreign country are hereby deemed to have re-acquired
Philippine citizenship upon taking the following oath of
allegiance to the Republic:
"I _____________________, solemny swear (or affrim) that I will
support and defend the Constitution of the Republic of the
Philippines and obey the laws and legal orders promulgated
by the duly constituted authorities of the Philippines; and I
hereby declare that I recognize and accept the supreme
authority of the Philippines and will maintain true faith and
allegiance thereto; and that I imposed this obligation upon
myself voluntarily without mental reservation or purpose
of evasion."
Natural born citizens of the Philippines who, after the
effectivity of this Act, become citizens of a foreign country
shall retain their Philippine citizenship upon taking the
aforesaid oath.
Section 4. Derivative Citizenship - The unmarried child,
whether legitimate, illegitimate or adopted, below eighteen
(18) years of age, of those who re-acquire Philippine
citizenship upon effectivity of this Act shall be deemed
citizenship of the Philippines.
Section 5. Civil and Political Rights and Liabilities - Those
who retain or re-acquire Philippine citizenship under this
Act shall enjoy full civil and political rights and be subject to
all attendant liabilities and responsibilities under existing
laws of the Philippines and the following conditions:
(1) Those intending to exercise their right of surffrage must
Meet the requirements under Section 1, Article V of the
Constitution, Republic Act No. 9189, otherwise known as
"The Overseas Absentee Voting Act of 2003" and other
existing laws;
(2) Those seeking elective public in the Philippines shall
meet the qualification for holding such public office as
required by the Constitution and existing laws and, at the
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time of the filing of the certificate of candidacy, make a
personal and sworn renunciation of any and all foreign
citizenship before any public officer authorized to
administer an oath;
(3) Those appointed to any public office shall subscribe and
swear to an oath of allegiance to the Republic of the
Philippines and its duly constituted authorities prior to
their assumption of office: Provided, That they renounce
their oath of allegiance to the country where they took that
oath;
(4) Those intending to practice their profession in the
Philippines shall apply with the proper authority for a
license or permit to engage in such practice; and
(5) That right to vote or be elected or appointed to any
public office in the Philippines cannot be exercised by, or
extended to, those who:
(a) are candidates for or are occupying any public office in
the country of which they are naturalized citizens; and/or
(b) are in active service as commissioned or non-
commissioned officers in the armed forces of the country
which they are naturalized citizens.
Section 6. Separability Clause - If any section or provision
of this Act is held unconstitutional or invalid, any other
section or provision not affected thereby shall remain valid
and effective.
Section 7. Repealing Clause - All laws, decrees, orders,
rules and regulations inconsistent with the provisions of
this Act are hereby repealed or modified accordingly.
Section 8. Effectivity Clause – This Act shall take effect
after fifteen (15) days following its publication in the
Official Gazette or two (2) newspaper of general circulation.
4. Cancellation of Certificates of Candidacy
OMNIBUS ELECTION CODE
BP 881
Section 78. Petition to deny due course to or cancel a
certificate of candidacy. - A verified petition seeking to
deny due course or to cancel a certificate of candidacy may
be filed by the person exclusively on the ground that any
material representation contained therein as required
under Section 74 hereof is false. The petition may be filed at
any time not later than twenty-five days from the time of the
filing of the certificate of candidacy and shall be decided,
after due notice and hearing, not later than fifteen days
before the election.
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THE ELECTORAL REFORMS LAW OF 1987
RA 6646
Section 7. Petition to Deny Due Course To or Cancel a
Certificate of Candidacy. - The procedure hereinabove
provided shall apply to petitions to deny due course to or
cancel a certificate of candidacy as provided in Section 78 of
Batas Pambansa Blg. 881.
5. Disqualifications
OMNIBUS ELECTION CODE
BP 881
Section 72. Effects of disqualification cases and priority.
- The Commission and the courts shall give
priority to cases of disqualification by reason of violation of
this Act to the end that a final decision shall be rendered not
later than seven days before the election in which the
disqualification is sought.
Any candidate who has been declared by final judgment to
be disqualified shall not be voted for, and the votes cast for
him shall not be counted. Nevertheless, if for any reason, a
candidate is not declared by final judgment before an
election to be disqualified and he is voted for and receives
the winning number of votes in such election, his violation
of the provisions of the preceding sections shall not prevent
his proclamation and assumption to office.
THE ELECTORAL REFORMS LAW OF 1987
RA 6646
Section 6. Effect of Disqualification Case. - Any candidate
who has been declared by final judgment to be disqualified
shall not be voted for, and the votes cast for him shall not be
counted. If for any reason a candidate is not declared by
final judgment before an election to be disqualified and he
is voted for and receives the winning number of votes in
such election, the Court or Commission shall continue with
the trial and hearing of the action, inquiry, or protest and,
upon motion of the complainant or any intervenor, may
during the pendency thereof order the suspension of the
proclamation of such candidate whenever the evidence of
his guilt is strong.
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a. Omnibus Election Code
OMNIBUS ELECTION CODE
BP 881
Section 68. Disqualifications. - Any candidate who, in an
action or protest in which he is a party is declared by final
decision of a competent court guilty of, or found by the
Commission of having (a) given money or other material
consideration to influence, induce or corrupt the voters or
public officials performing electoral functions; (b)
committed acts of terrorism to enhance his candidacy; (c)
spent in his election campaign an amount in excess of that
allowed by this Code; (d) solicited, received or made any
contribution prohibited under Sections 89, 95, 96, 97 and
104; or (e) violated any of Sections 80, 83, 85, 86 and 261,
paragraphs d, e, k, v, and cc, subparagraph 6, shall be
disqualified from continuing as a candidate, or if he has
been elected, from holding the office. Any person who is a
permanent resident of or an immigrant to a foreign country
shall not be qualified to run for any elective office under this
Code, unless said person has waived his status as
permanent resident or immigrant of a foreign country in
accordance with the residence requirement provided for in
the election laws.
b. Local Government Code
LOCAL GOVERNMENT CODE OF 1991
RA 7160
SECTION 40. Disqualifications. – The following persons
are disqualified from running for any elective local position:
(a) Those sentenced by final judgment for an offense
involving moral turpitude or for an offense punishable by
one (1) year or more of imprisonment, within two (2) years
after serving sentence;
(b) Those removed from office as a result of an
administrative case;
(c) Those convicted by final judgment for violating the oath
of allegiance to the Republic;
(d) Those with dual citizenship;
(e) Fugitives from justice in criminal or non-political cases
here or abroad;
(f) Permanent residents in a foreign country or those who
have acquired the right to reside abroad and continue to
avail of the same right after the effectivity of this Code; and
(g) The insane or feeble-minded.
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c. Three-term Limit Rule
1987 Constitution
ARTICLE X
LOCAL GOVERNMENT
Section 8. The term of office of elective local officials, except
barangay officials, which shall be determined by law, shall
be three years and no such official shall serve for more than
three consecutive terms. Voluntary renunciation of the
office for any length of time shall not be considered as an
interruption in the continuity of his service for the full term
for which he was elected.
6. Nuisances
OMNIBUS ELECTION CODE
BP 881
Section 69. Nuisance candidates. - The Commission may
motu proprio or upon a verified petition of an interested
party, refuse to give due course to or cancel a certificate of
candidacy if it is shown that said certificate has been filed to
put the election process in mockery or disrepute or to cause
confusion among the voters by the similarity of the names
of the registered candidates or by other circumstances or
acts which clearly demonstrate that the candidate has no
bona fide intention to run for the office for which the
certificate of candidacy has been filed and thus prevent a
faithful determination of the true will of the electorate.
THE ELECTORAL REFORMS LAW OF 1987
RA 6646
Section 5. Procedure in Cases of Nuisance Candidates. -
(a) A Verified petition to declare a duly registered candidate
as a nuisance candidate under Section 69 of Batas
Pambansa Blg. 881 shall be filed personally or through duly
authorized representative with the Commission by any
registered candidate for the same office within five (5) days
from the last day for the filing of certificates of candidacy.
Filing by mail not be allowed.
(b) Within three (3) days from the filing of the petition, the
Commission shall issue summons to the respondent
candidate together with a copy of the petition and its
enclosures, if any.
(c) The respondent shall be given three (3) days from
receipt of the summons within which to file his verified
answer (not a motion to dismiss) to the petition, serving
copy thereof upon the petitioner. Grounds for a motion to
dismiss may be raised as a affirmative defenses.
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(d) The Commission may designate any of its officials who
are lawyers to hear the case and receive evidence. The
proceeding shall be summary in nature. In lieu of oral
testimonies, the parties may be required to submit position
papers together with affidavits or counter-affidavits and
other documentary evidence. The hearing officer shall
immediately submit to the Commission his findings,
reports, and recommendations within five (5) days from the
completion of such submission of evidence. The
Commission shall render its decision within five (5) days
from receipt thereof.
(e) The decision, order, or ruling of the Commission shall,
after five (5) days from receipt of a copy thereof by the
parties, be final and executory unless stayed by the
Supreme Court.
(f) The Commission shall within twenty-four hours,
through the fastest available means, disseminate its
decision or the decision of the Supreme Court to the city or
municipal election registrars, boards of election inspectors
and the general public in the political subdivision
concerned.
Section 7. Petition to Deny Due Course To or Cancel a
Certificate of Candidacy. - The procedure hereinabove
provided shall apply to petitions to deny due course to or
cancel a certificate of candidacy as provided in Section 78 of
Batas Pambansa Blg. 881.
7. Withdrawals
OMNIBUS ELECTION CODE
BP 881
Section 73. Certificate of candidacy. - No person shall be
eligible for any elective public office unless he files a sworn
certificate of candidacy within the period fixed herein.
A person who has filed a certificate of candidacy may, prior
to the election, withdraw the same by submitting to the
office concerned a written declaration under oath.
No person shall be eligible for more than one office to be
filled in the same election, and if he files his certificate of
candidacy for more than one office, he shall not be eligible
for any of them.
However, before the expiration of the period for the filing of
certificates of candidacy, the person who was filed more
than one certificate of candidacy may declare under oath
the office for which he desires to be eligible and cancel the
certificate of candidacy for the other office or offices.
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The filing or withdrawal of a certificate of candidacy shall
not affect whatever civil, criminal or administrative
liabilities which a candidate may have incurred.
8. Substitution
OMNIBUS ELECTION CODE
BP 881
Section 77. Candidates in case of death, disqualification
or withdrawal of another. - If after the last day for the
filing of certificates of candidacy, an official candidate of a
registered or accredited political party dies, withdraws or is
disqualified for any cause, only a person belonging to, and
certified by, the same political party may file a certificate of
candidacy to replace the candidate who died, withdrew or
was disqualified. The substitute candidate nominated by
the political party concerned may file his certificate of
candidacy for the office affected in accordance with the
preceding sections not later than mid-day of the day of the
election. If the death, withdrawal or disqualification should
occur between the day before the election and mid-day of
election day, said certificate may be filed with any board of
election inspectors in the political subdivision where he is a
candidate, or, in the case of candidates to be voted for by the
entire electorate of the country, with the Commission.
D. Election Period
1987 Constitution
ARTICLE IX-C
COMMISSION ON ELECTIONS
Section 9. Unless otherwise fixed by the Commission in
special cases, the election period shall commence ninety
days before the day of election and shall end thirty days
thereafter.
OMNIBUS ELECTION CODE
BP 881
Section 3. Election and campaign periods. - Unless
otherwise fixed in special cases by the Commission on
Elections, which hereinafter shall be referred to as the
Commission, the election period shall commence ninety
days before the day of the election and shall end thirty days
thereafter.
The period of campaign shall be as follows:
1. Presidential and Vice-Presidential Election - 90 days;
2. Election of Members of the Batasang Pambansa and Local
Election - 45 days; and
3. Barangay Election - 15 days.
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The campaign periods shall not include the day before and
the day of the election.
However, in case of special elections under Article VIII,
Section 5, Subsection (2) of the Constitution, the campaign
period shall be forty-five days.
[Article VIII, Section 5, Subsection (2), 1987 Constitution:
Section 5. The Supreme Court shall have the following
powers:
xxx
(2) Review, revise, reverse, modify, or affirm on appeal or
certiorari, as the law or the Rules of Court may provide, final
judgments and orders of lower courts in:
(a) All cases in which the constitutionality or validity of any
treaty, international or executive agreement, law,
presidential decree, proclamation, order, instruction,
ordinance, or regulation is in question.
(b) All cases involving the legality of any tax, impost,
assessment, or toll, or any penalty imposed in relation thereto.
(c) All cases in which the jurisdiction of any lower court is in
issue.
(d) All criminal cases in which the penalty imposed is
reclusion perpetua or higher.
(e) All cases in which only an error or question of law is
involved.
x x x]
Section 9. Official mail and telegram relative to
elections. - Papers connected with the election and
required by this Code to be sent by public officers in the
performance of their election duties shall be free of postage
and sent by registered special delivery mail. Telegrams of
the same nature shall likewise be transmitted free of charge
by government telecommunications and similar facilities.
It shall be the duty of the Postmaster General, the Director
of the Bureau of Telecommunications, and the managers of
private telecommunication companies to transmit
immediately and in preference to all other communications
or telegrams messages reporting election results and such
other messages or communications which the Commission
may require or may be necessary to ensure free, honest and
orderly elections.
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AN ACT PROVIDING FOR SYNCHRONIZED NATIONAL
& LOCAL ELECTIONS & FOR ELECTORAL REFORMS,
AUTHORIZING APPROPRIATIONS THEREFOR, & FOR
OTHER PURPOSES
RA 7166
Section 4. Postponement, Failure of Election and Special
Elections. - The postponement, declaration of failure of
election and the calling of special elections as provided in
Sections 5, 6 and 7 of the Omnibus Election Code shall be
decided by the Commission sitting en banc by a majority
vote of its members. The causes for the declaration of a
failure of election may occur before or after the casting of
votes or on the day of the election.
In case a permanent vacancy shall occur in the Senate or
House of Representatives at least one (1) year before the
expiration of the term, the Commission shall call and hold a
special election to fill the vacancy not earlier than sixty (60)
days nor longer than ninety (90) days after the occurrence
of the vacancy. However, in case of such vacancy in the
Senate, the special election shall be held simultaneously
with the succeeding regular election.
Section 5. Election and Campaign Period. - Unless
otherwise fixed by the Commission, the election period for
the May 11, 1992 regular elections shall commence ninety
(90) days before the day of the election and shall end thirty
(30) days thereafter.
The campaign periods are hereby fixed as follows:
(a) For President, Vice-President and Senators, ninety (90)
days before the day of the election; and
(b) For Members of the House of Representatives and
elective provincial, city and municipal officials, forty-five
(45) days before the day of the election.
However, in the preparation of the election calendar, the
Commission may exclude the day before the day of the
election itself, Maundy Thursday and Good Friday.
Any election campaign or partisan political activity for or
against any candidate outside of the campaign period
herein provided is prohibited and shall be considered as an
election offense punishable under Section 263 and 264 of
the Omnibus Election Code.
UNIVERSITY OF SANTO TOMAS
APEL - GARGANTIEL PROVIS [FINALS]
1. Campaign
OMNIBUS ELECTION CODE
BP 881
ARTICLE X
CAMPAIGN AND ELECTION PROPAGANDA
Section 79. Definitions. - As used in this Code:
(a) The term "candidate" refers to any person
aspiring for or seeking an elective public office,
who has filed a certificate of candidacy by himself
or through an accredited political party,
aggroupment, or coalition of parties;
(b) The term "election campaign" or "partisan
political activity" refers to an act designed to
promote the election or defeat of a particular
candidate or candidates to a public office which
shall include:
(1) Forming organizations, associations, clubs,
committees or other groups of persons for the
purpose of soliciting votes and/or undertaking any
campaign for or against a candidate;
(2) Holding political caucuses, conferences,
meetings, rallies, parades, or other similar
assemblies, for the purpose of soliciting votes
and/or undertaking any campaign or propaganda
for or against a candidate;
(3) Making speeches, announcements or
commentaries, or holding interviews for or against
the election of any candidate for public office;
(4) Publishing or distributing campaign literature
or materials designed to support or oppose the
election of any candidate; or
(5) Directly or indirectly soliciting votes, pledges
or support for or against a candidate.
The foregoing enumerated acts if performed for the
purpose of enhancing the chances of aspirants for
nomination for candidacy to a public office by a political
party, aggroupment, or coalition of parties shall not be
considered as election campaign or partisan election
activity.
Public expressions or opinions or discussions of probable
issues in a forthcoming election or on attributes of or
criticisms against probable candidates proposed to be
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nominated in a forthcoming political party convention shall
not be construed as part of any election campaign or
partisan political activity contemplated under this Article.
Section 80. Election campaign or partisan political
activity outside campaign period. - It shall be unlawful for
any person, whether or not a voter or candidate, or for any
party, or association of persons, to engage in an election
campaign or partisan political activity except during the
campaign period: Provided, That political parties may hold
political conventions or meetings to nominate their official
candidates within thirty days before the commencement of
the campaign period and forty-five days for Presidential and
Vice-Presidential election.
Section 81. Intervention of foreigners. - It shall be
unlawful for any foreigner, whether judicial or natural
person, to aid any candidate or political party, directly or
indirectly, or take part in or influence in any manner any
election, or to contribute or make any expenditure in
connection with any election campaign or partisan political
activity.
Section 82. Lawful election propaganda. - Lawful election
propaganda shall include:
(a) Pamphlets, leaflets, cards, decals, stickers or
other written or printed materials of a size not
more than eight and one-half inches in width and
fourteen inches in length;
(b) Handwritten or printed letters urging voters to
vote for or against any particular candidate;
(c) Cloth, 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
size, shall be allowed: Provided, That said
streamers may not be displayed except one week
before the date of the meeting or rally and that it
shall be removed within seventy-two hours after
said meeting or rally; or
(d) All other forms of election propaganda not
prohibited by this Code as the Commission may
authorize after due notice to all interested parties
and hearing where all the interested parties were
given an equal opportunity to be heard: Provided,
That the Commission's authorization shall be
published in two newspapers of general circulation
UNIVERSITY OF SANTO TOMAS
APEL - GARGANTIEL PROVIS [FINALS]
throughout the nation for at least twice within one
week after the authorization has been granted.
Section 83. Removal, destruction or defacement of lawful
election propaganda prohibited. - It shall be unlawful for
any person during the campaign period to remove, destroy,
obliterate, or in any manner deface or tamper with, or
prevent the distribution of lawful election propaganda.
Section 84. Requirements for published or printed
election propaganda. - Any newspaper, newsletter,
newsweekly, gazette or magazine advertising, posters,
pamphlets, circulars, handbills, bumper stickers, streamers,
simple list of candidates or any published or printed
political matter for or against a candidate or group of
candidates to any public office shall bear and be identified
by the words "paid for by" followed by the true and correct
name and address of the payor and by the words "printed
by" followed by the true and correct name and address of
the printer.
Section 85. Prohibited forms of election propaganda. - It shall
be unlawful:
(a) To print, publish, post or distribute any poster,
pamphlet, circular, handbill, or printed matter
urging voters to vote for or against any candidate
unless they bear the names and addresses of the
printer and payor as required in Section 84 hereof;
(b) To erect, put up, make use of, attach, float or
display any billboard, tinplate-poster, balloons and
the like, of whatever size, shape, form or kind,
advertising for or against any candidate or political
party;
(c) To purchase, manufacture, request, distribute
or accept electoral propaganda gadgets, such as
pens, lighters, fans of whatever nature, flashlights,
athletic goods or materials, wallets, shirts, hats,
bandanas, matches, cigarettes and the like, except
that campaign supporters accompanying a
candidate shall be allowed to wear hats and/or
shirts or T-shirts advertising a candidate;
(d) To show or display publicly any advertisement
or propaganda for or against any candidate by
means of cinematography, audio-visual units or
other screen projections except telecasts which
may be allowed as hereinafter provided; and
(e) For any radio broadcasting or television station
to sell or give free of charge air time for campaign
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and other political purposes except as authorized
in this Code under the rules and regulations
promulgated by the Commission pursuant thereto.
Any prohibited election propaganda gadget or
advertisement shall be stopped, confiscated or torn
down by the representative of the Commission
upon specific authority of the Commission.
Section 86. Regulation of election propaganda through
mass media. -
(a) The Commission shall promulgate rules and
regulations regarding the sale of air time for
partisan political purposes during the campaign
period to insure the equal time as to duration and
quality in available to all candidates for the same
office or political parties at the same rates or given
free of charge; that such rates are reasonable and
not higher than those charged other buyers or
users of air time for non-political purposes; that the
provisions of this Code regarding the limitation of
expenditures by candidates and political parties
and contributions by private persons, entities and
institutions are effectively enforced; and to ensure
that said radio broadcasting and television stations
shall not unduly 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 to or including said
candidate and/or political party in such program
respecting, however, in all instances the right of
said stations to broadcast accounts of significant or
newsworthy events and views on matters of public
interest.
(b) All contracts for advertising in any newspaper,
magazine, periodical or any form of publication
promoting or opposing the candidacy of any person
for public office shall, before its implementation, be
registered by said newspaper, magazine, periodical
or publication with the Commission. In every case,
it shall be signed by the candidate concerned or by
the duly authorized representative of the political
party.
(c) No franchise or permit to operate a radio or
television station shall be granted or issued,
suspended or cancelled during the election period.
Any radio or television stations, including that owned or
controlled by the Government, shall give free of charge
equal time and prominence to an accredited political party
UNIVERSITY OF SANTO TOMAS
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or its candidates if it gives free of charge air time to an
accredited political party or its candidates for political
purposes.
In all instances, the Commission shall supervise the use and
employment of press, radio and television facilities so as to
give candidates equal opportunities under equal
circumstances to make known their qualifications and their
stand on public issues within the limits set forth in this Code
on election spending.
Rules and regulations promulgated by the Commission
under and by authority of this section shall take effect on
the seventh day after their publication in at least two daily
newspapers of general circulation. Prior to the effectivity of
said rules and regulations, no political advertisement or
propaganda for or against any candidate or political party
shall be published or broadcast through the mass media.
Violation of the rules and regulations of the Commission
issued to implement this section shall be an election offense
punishable under Section 264 hereof.
Section 87. Rallies, meetings and other political
activities. - Subject to the requirements of local ordinances
on the issuance of permits, any political party supporting
official candidates or any candidate individually or jointly
with other aspirants may hold peaceful political rallies,
meetings, and other similar activities during the campaign
period: Provided, That all applications for permits to hold
meetings, rallies and other similar political activities,
receipt of which must be acknowledged in writing and
which application shall be immediately posted in a
conspicuous place in the city or municipal building, shall be
acted upon in writing by local authorities concerned within
three days after the filing thereof and any application not
acted upon within said period shall be deemed approved:
and Provided, further, That denial of any application for said
permit shall be appealable to the provincial election
supervisor or to the Commission whose decision shall be
made within forty-eight hours and which shall be final and
executory: Provided, finally, That one only justifiable
ground for denial is a prior written application by any
candidate or political party for the same purpose has been
approved.
Section 88. Public rally. - Any political party or candidate
shall notify the election registrar concerned of any public
rally said political party or candidate intends to organize
and hold in the city or municipality, and within seven
working days thereafter submit to the election registrar a
statement of expenses incurred in connection therewith.
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Section 89. Transportation, food and drinks. - It shall be
unlawful for any candidate, political party, organization, or
any person to give or accept, free of charge, directly or
indirectly, transportation, food or drinks or things of value
during the five hours before and after a public meeting, on
the day preceding the election, and on the day of the
election; or to give or contribute, directly or indirectly,
money or things of value for such purpose.
Section 90. Comelec space. - The Commission shall procure
space in at least one newspaper of general circulation in
every province or city: Provided, however, That in the
absence of said newspaper, publication shall be done in any
other magazine or periodical in said province or city, which
shall be known as "Comelec Space" wherein candidates can
announce their candidacy. Said space shall be allocated, free
of charge, equally and impartially by the Commission
among all candidates within the area in which the
newspaper is circulated.
Section 91. Comelec poster area. - Whenever practicable,
the Commission shall also designate and provide for a
common poster are in strategic places in each town wherein
candidates can announce and further their candidacy
through posters, said space to be likewise allocated free of
charge, equally and impartially by the Commission among
all the candidates concerned.
Section 92. Comelec time. - The Commission shall procure
radio and television time to be known as "Comelec Time"
which shall be allocated equally and impartially among the
candidates within the area of coverage of all radio and
television stations. For this purpose, the franchise of all
radio broadcasting and television station are hereby
amended so as to provide radio television time, free of
charge, during the period of the campaign.
Section 93. Comelec information bulletin. - The
Commission shall cause the printing, and supervise the
dissemination of bulletins to be known as "Comelec
Bulletin" which shall be of such size as to adequately contain
the picture, bio-data and program of government of every
candidate. Said bulletin shall be disseminated to the voters
or displayed in such places as to give due prominence
thereto. Any candidate may reprint at his expense, any
"Comelec Bulletin" upon prior authority of the Commission:
Provided, That the printing of the names of the different
candidates with their bio-data must be in alphabetical order
irrespective of party affiliation.
UNIVERSITY OF SANTO TOMAS
APEL - GARGANTIEL PROVIS [FINALS]
ARTICLE XI
ELECTORAL CONTRIBUTIONS AND EXPENDITURES
Section 94. Definitions. - As used in this Article:
(a) The term "contribution" includes a gift,
donation, subscription, loan, advance or deposit of
money or anything of value, or a contract, promise
or agreement to contribute, whether or not legally
enforceable, made for the purpose of influencing
the results of the elections but shall not include
services rendered without compensation by
individuals volunteering a portion or all of their
time in behalf of a candidate or political party. It
shall also include 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.
(b) The term "expenditure" includes the payment
or delivery of money of anything of value, or a
contract, promise or agreement to make an
expenditure, for the purpose of influencing the
results of the election. It shall also include the use
of facilities personally owned by the candidate, the
money value of the use of which can be assessed
based on the rates prevailing in the area.
(c) The term "person" includes an individual,
partnership, committee, association, corporation,
and any other organization or group of persons.
Section 95. Prohibited contributions. - No contribution
for purposes of partisan political activity shall be made
directly or indirectly by any of the following:
(a) Public or private financial institutions:
Provided, however, That nothing herein shall
prevent the making of any loan to a candidate or
political party by any such public or private
financial institutions legally in the business of
lending money, and that the loan is made in
accordance with laws and regulations and in the
ordinary course of business;
(b) Natural and juridical persons operating a public
utility or in possession of or exploiting any natural
resources of the nation;
(c) Natural and juridical persons who hold
contracts or sub-contracts to supply the
government or any of its divisions, subdivisions or
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instrumentalities, with goods or services or to
perform construction or other works;
(d) Natural and juridical persons who have been
granted franchises, incentives, exemptions,
allocations or similar privileges or concessions by
the government or any of its divisions, subdivisions
or instrumentalities, including government-owned
or controlled corporations;
(e) Natural and juridical persons who, within one
year prior to the date of the election, have been
granted loans or other accommodations in excess
of P100,000 by the government or any of its
divisions, subdivisions or instrumentalities
including government-owned or controlled
corporations;
(f) Educational institutions which have received
grants of public funds amounting to no less than
P100,000.00;
(g) Officials or employees in the Civil Service, or
members of the Armed Forces of the Philippines;
and
(h) Foreigners and foreign corporations.
It shall be unlawful for any person to solicit or
receive any contribution from any of the persons or
entities enumerated herein.
Section 96. Soliciting or receiving contributions from foreign
sources. - It shall be unlawful for any person, including a
political party or public or private entity to solicit or receive,
directly or indirectly, any aid or contribution of whatever
form or nature from any foreign national, government or
entity for the purposes of influencing the results of the
election.
Section 97. Prohibited raising of funds. - It shall be
unlawful for any person to hold dances, lotteries, cockfights,
games, boxing bouts, bingo, beauty contests,
entertainments, or cinematographic, theatrical or other
performances for the purpose of raising funds for an
election campaign or for the support of any candidate from
the commencement of the election period up to and
including election day; or for any person or organization,
whether civic or religious, directly or indirectly, to solicit
and/or accept from any candidate for public office, or from
his campaign manager, agent or representative, or any
person acting in their behalf, any gift, food, transportation,
contribution or donation in cash or in kind from the
UNIVERSITY OF SANTO TOMAS
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commencement of the election period up to and including
election day; Provided, That normal and customary
religious stipends, tithes, or collections on Sundays and/or
other designated collection days, are excluded from this
prohibition.
Section 98. True name of contributor required. - No
person shall make any contribution in any name except his
own nor shall any candidate or treasurer of a political party
receive a contribution or enter or record the same in any
name other than that of the person by whom it was actually
made.
Section 99. Report of contributions. - Every person giving
contributions to any candidate, treasurer of the party, or
authorized representative of such candidate or treasurer
shall, not later than thirty days after the day of the election,
file with the Commission a report under oath stating the
amount of each contribution, the name of the candidate,
agent of the candidate or political party receiving the
contribution, and the date of the contribution.
Section 100. Limitations upon expenses of candidates.
- No candidate shall spend for his election campaign an
aggregate amount exceeding one peso and fifty centavos for
every voter currently registered in the constituency where
he filed his candidacy: Provided, That the expenses herein
referred to shall include those incurred or caused to be
incurred by the candidate, whether in cash or in kind,
including the use, rental or hire of land, water or aircraft,
equipment, facilities, apparatus and paraphernalia used in
the campaign: Provided, further, That where the land, water
or aircraft, equipment, facilities, apparatus and
paraphernalia used is owned by the candidate, his
contributor or supporter, the Commission is hereby
empowered to assess the amount commensurate with the
expenses for the use thereof, based on the prevailing rates
in the locality and shall be included in the total expenses
incurred by the candidate.
Section 101. Limitations upon expenses of political parties.
- A duly accredited political party may spend for the election
of its candidates in the constituency or constituencies
where it has official candidates an aggregate amount not
exceeding the equivalent of one peso and fifty centavos for
every voter currently registered therein. Expenses incurred
by branches, chapters, or committees of such political party
shall be included in the computation of the total
expenditures of the political party.
Expenses incurred by other political parties shall be
considered as expenses of their respective individual
candidates and subject to limitation under Section 100 of
this Code.
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Section 102. Lawful expenditures. - To carry out the
objectives of the preceding sections, no candidate or
treasurer of a political party shall, directly or indirectly,
make any expenditure except for the following purposes:
(a) For travelling expenses of the candidates and
campaign personnel in the course of the campaign
and for personal expenses incident thereto;
(b) For compensation of campaigners, clerks,
stenographers, messengers, and other persons
actually employed in the campaign;
(c) For telegraph and telephone tolls, postage,
freight and express delivery charges;
(d) For stationery, printing and distribution of
printed matters relative to candidacy;
(e) For employment of watchers at the polls;
(f) For rent, maintenance and furnishing of
campaign headquarters, office or place of meetings;
(g) For political meetings and rallies and the use of
sound systems, lights and decorations during said
meetings and rallies;
(h) For newspaper, radio, television and other
public advertisements;
(i) For employment of counsel, the cost of which
shall not be taken into account in determining the
amount of expenses which a candidate or political
party may have incurred under Section 100 and
101 hereof;
(j) For copying and classifying list of voters,
investigating and challenging the right to vote of
persons registered in the lists the costs of which
shall not be taken into account in determining the
amount of expenses which a candidate or political
party may have incurred under Sections 100 and
101 hereof; or
(k) For printing sample ballots in such color, size
and maximum number as may be authorized by the
Commission and the cost of such printing shall not
be taken into account in determining the amount of
expenses which a candidate or political party may
have incurred under Sections 100 and 101 hereof.
UNIVERSITY OF SANTO TOMAS
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Section 103. Persons authorized to incur election
expenditures. - No person, except the candidate, the
treasurer of a political party or any person authorized by
such candidate or treasurer, shall make any expenditure in
support of or in opposition to any candidate or political
party. Expenditures duly authorized by the candidate or the
treasurer of the party shall be considered as expenditures
of such candidate or political party.
The authority to incur expenditures shall be in writing, copy
of which shall be furnished the Commission signed by the
candidate or the treasurer of the party and showing the
expenditures so authorized, and shall state the full name
and exact address of the person so designated.
Section 104. Prohibited donations by candidates,
treasurers of parties or their agents. - No candidate, his or
her spouse or any relative within the second civil degree of
consanguinity or affinity, or his campaign manager, agent or
representative shall during the campaign period, on the day
before and on the day of the election, directly or indirectly,
make any donation, contribution or gift in cash or in kind,
or undertake or contribute to the construction or repair of
roads, bridges, school buses, puericulture centers, medical
clinics and hospitals, churches or chapels cement
pavements, or any structure for public use or for the use of
any religious or civic organization: Provided, That normal
and customary religious dues or contributions, such as
religious stipends, tithes or collections on Sundays or other
designated collection days, as well as periodic payments for
legitimate scholarships established and school
contributions habitually made before the prohibited period,
are excluded from the prohibition.
The same prohibition applies to treasurers, agents or
representatives of any political party.
Section 105. Accounting by agents of candidate or
treasurer. - Every person receiving contributions or
incurring expenditures by authority of the candidate or
treasurer of the party shall, on demand by the candidate or
treasurer of the party and in any event within five days after
receiving such contribution or incurring such expenditure,
render to the candidate or the treasurer of the party
concerned, a detailed account thereof with proper vouchers
or official receipts.
Section 106. Records of contributions and expenditures.
(a) It shall be the duty of every candidate, treasurer
of the political party and person acting under the
authority of such candidate or treasurer to issue a
receipt for every contribution received and to
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obtain and keep a receipt stating the particulars of
every expenditure made.
(b) Every candidate and treasurer of the party shall
keep detailed, full, and accurate records of all
contributions received and expenditures incurred
by him and by those acting under his authority,
setting forth therein all information required to be
reported.
(c) Every candidate and treasurer of the party shall
be responsible for the preservation of the records
of contributions and expenditures, together with
all pertinent documents, for at least three years
after the holding of the election to which they
pertain and for their production for inspection by
the Commission or its duly authorized
representative, or upon presentation of a subpoena
duces tecum duly issued by the Commission.
Failure of the candidate or treasurer to preserve
such records or documents shall be deemed prima
facie evidence of violation of the provisions of this
Article.
Section 107. Statement of contributions and expenditures.
- Every candidate and treasurer of the political party shall,
not later than seven days, or earlier than ten days before the
day of the election, file in duplicate with the office indicated
in the following section, full, true and itemized, statement of
all contributions and expenditures in connection with the
election.
Within thirty days after the day of the election, said
candidate and treasurer shall also file in duplicate a
supplemental statement of all contribution and
expenditures not included in the statement filed prior to the
day of the election.
Section 108. Place for filing statements. - The statements
of contributions and expenditures shall be filed as follows:
(a) Those of candidates for President and Vice-
President, with the Commission.
(b) Those of candidates for Members of the
Batasang Pambansa, with the provincial election
supervisor concerned, except those of candidates
in the National Capital Region which shall be filed
with the regional election director of said region.
(c) Those of candidates for provincial offices, with
the provincial election supervisor concerned.
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(d) Those of candidates for city, municipal and
barangay offices, with the election registrar
concerned.
If the statement is sent by mail, it shall be by registered mail,
and the date on which it was registered with the post office
may be considered as the filing date thereof if confirmed on
the same date by telegram or radiogram addressed to the
office or official with whom the statement should be filed.
The provincial election supervisors and election registrars
concerned shall, within fifteen days after the last day for the
filing of the statements, send to the Commission duplicate
copies of all statements filed with them.
Section 109. Form and contents of statement. - The
statement shall be in writing, subscribed and sworn to by
the candidate or by the treasurer of the party, shall be
complete as of the date next preceding the date of filing and
shall set forth in detail (a) the amount of contribution, the
date of receipt, and the full name and exact address of the
person from whom the contribution was received; (b) the
amount of every expenditure, the date thereof, the full name
and exact address of the person to whom payment was
made, and the purpose of the expenditure; (c) any unpaid
obligation, its nature and amount, and to whom said
obligation is owing; and (d) such other particulars which
the Commission may require.
If the candidate or treasurer of the party has received no
contribution, made no expenditure, or has no pending
obligation, the statement shall reflect such fact.
Section 110. Preservation and inspection of statements.
- All statements of contributions and expenditures shall be
kept and preserved at the office where they are filed and
shall constitute part of the public records thereof for three
years after the election to which they pertain. They shall not
be removed therefrom except upon order of the
Commission or of a competent court and shall, during
regular office hours, be subject and open to inspection by
the public. The officer in-charge thereof, shall, on demand,
furnish certified copies of any statement upon payment of
the fee prescribed under Section 270 hereof.
It shall be the duty of the Commission to examine all
statements of contributions and expenditures of candidates
and political parties to determine compliance with the
provisions of this Article.
Section 111. Effect of failure to file statement. - In
addition to other sanctions provided in this Code, no person
elected to any public office shall enter upon the duties of his
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office until he has filed the statement of contributions and
expenditures herein required.
The same prohibition shall apply if the political party which
nominated the winning candidate fails to file the statements
required herein within the period prescribed by this Code.
Section 112. Report of contractor and business firms. -
Every person or firm to whom any electoral expenditure is
made shall, within thirty days after the day of the election,
file with the Commission a report setting forth the full
names and exact addresses of the candidates, treasurers of
political parties, and other persons incurring such
expenditures, the nature or purpose of each expenditure,
the date and costs thereof, and such other particulars as the
Commission may require. The report shall be signed and
sworn to by the supplier or contractor, or in case of a
business firm or association, by its president or general
manager.
It shall be the duty of such person or firm to whom an
electoral expenditure is made to require every agent of a
candidate or of the treasurer of a political party to present
written authority to incur electoral expenditures in behalf
of such candidate or treasurer, and to keep and preserve at
its place of business, subject to inspection by the
Commission or its authorized representatives, copies of
such written authority, contracts, vouchers, invoices and
other records and documents relative to said expenditures
for a period of three years after the date of the election to
which they pertain.
It shall be unlawful for any supplier, contractor or business
firm to enter into contract involving election expenditures
with representatives of candidates or political parties
without such written authority.
AN ACT PROVIDING FOR SYNCHRONIZED NATIONAL &
LOCAL ELECTIONS & FOR ELECTORAL REFORMS,
AUTHORIZING APPROPRIATIONS THEREFOR, & FOR
OTHER PURPOSES
RA 7166
Section 5. Election and Campaign Period. - Unless
otherwise fixed by the Commission, the election period for
the May 11, 1992 regular elections shall commence ninety
(90) days before the day of the election and shall end thirty
(30) days thereafter.
The campaign periods are hereby fixed as follows:
(a) For President, Vice-President and Senators, ninety (90)
days before the day of the election; and
UNIVERSITY OF SANTO TOMAS
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(b) For Members of the House of Representatives and
elective provincial, city and municipal officials, forty-five
(45) days before the day of the election.
However, in the preparation of the election calendar, the
Commission may exclude the day before the day of the
election itself, Maundy Thursday and Good Friday.
Any election campaign or partisan political activity for or
against any candidate outside of the campaign period
herein provided is prohibited and shall be considered as an
election offense punishable under Section 263 and 264 of
the Omnibus Election Code.
Section 13. Authorized Expenses of Candidates and
Political Parties. - The agreement amount that a candidate
or registered political party may spend for election
campaign shall be as follows:
(a) For candidates. - Ten pesos (P10.00) for President and
Vice-President; and for other candidates Three Pesos
(P3.00) for every voter currently registered in the
constituency where he filed his certificate of candidacy:
Provided, That a candidate without any political party and
without support from any political party may be allowed to
spend Five Pesos (P5.00) for every such voter; and
(b) For political parties. - Five pesos (P5.00) for every voter
currently registered in the constituency or constituencies
where it has official candidates.
Any provision of law to the contrary notwithstanding any
contribution in cash or in kind to any candidate or political
party or coalition of parties for campaign purposes, duly
reported to the Commission shall not be subject to the
payment of any gift tax.
Section 14. Statement of Contributions and
Expenditures: Effect of Failure to File Statement. - Every
candidate and treasurer of the political party shall, within
thirty (30) days after the day of the election, file in duplicate
with the offices of the Commission the full, true and
itemized statement of all contributions and expenditures in
connection with the election.
No person elected to any public offices shall enter upon the
duties of his office until he has filed the statement of
contributions and expenditures herein required.
The same prohibition shall apply if the political party which
nominated the winning candidate fails to file the statement
required herein within the period prescribed by this Act.
Except candidates for elective barangay office, failure to file
the statements or reports in connection with electoral
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contributions and expenditures are required herein shall
constitute an administrative offense for which the offenders
shall be liable to pay an administrative fine ranging from
One thousand pesos (P1,000.00) to Thirty thousand pesos
(P30,000.00), in the discretion of the Commission.
The fine shall be paid within thirty (30) days from receipt of
notice of such failure; otherwise, it shall be enforceable by a
writ of execution issued by the Commission against the
properties of the offender.
It shall be the duty of every city or municipal election
registrar to advise in writing, by personal delivery or
registered mail, within five (5) days from the date of
election all candidates residing in his jurisdiction to comply
with their obligation to file their statements of
contributions and expenditures.
For the commission of a second or subsequent offense
under this section, the administrative fine shall be from Two
thousand pesos (P2,000.00) to Sixty thousand pesos
(P60,000.00), in the discretion of the Commission. In
addition, the offender shall be subject to perpetual
disqualification to hold public office.
FAIR ELECTION ACT
RA 9006
Section 1. Short Title.- This Act shall be known as the "Fair
Election Act."
Section 2. Declaration of Principles. – The Senate shall,
during the election period, supervise or regulate the
enjoyment or utilization of all franchises or permits for the
operation of media of communication or information to
guarantee or ensure equal opportunity for public service,
including access to media time and space, and the equitable
right to reply, for public information campaigns and for a
among candidates and assure free, orderly, honest, peaceful
and credible elections.
The State shall ensure that bona fide candidates for any
public office shall be free from any form of harassment and
discrimination.
Section 3. Lawful Election Propaganda. – Election
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 organizations participating under the party list
elections and for all bona fide candidates seeking national
and local elective positions subject to the limitation on
authorized expenses of candidates and political parties,
observance of truth in advertising and to the supervision
and regulation by the Commission on Elections (COMELEC).
UNIVERSITY OF SANTO TOMAS
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For the purpose of this Act, lawful election propaganda shall
include:
3.1. Pamphlets, leaflets, cards, decals, stickers or other
written or printed materials the size of which does not
exceed eight and one half inches in width and fourteen
inches in length;
3.2. Handwritten or printed letters urging voters to vote for
or against any particular political party or candidate for
public office;
3.3. Cloth, paper or cardboard posters, whether framed or
posted, with an area not exceeding two (2) feet by three (3)
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 (3) feet by
eight (8) feet in size, shall be allowed: Provided, That said
streamers may be displayed five (5) days before the date of
the meeting or rally and shall be removed within twenty-
four (24) hours after said meeting or rally;
3.4. Paid advertisements in print or broadcast media:
Provided, That the advertisements shall follow the
requirements set forth in Section 4 of this Act; and
3.5. All other forms of election propaganda not prohibited
by the Omnibus Election Code or this Act.
Section 4. Requirements for Published or Printed and
Broadcast Election Propaganda. – 4.1. Any newspaper,
newsletter, newsweekly, gazette or magazine advertising,
posters, pamphlets, comic books, circulars, handbills,
bumper stickers, 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 office shall
bear and be identified by the reasonably legible or audible
words "political advertisement paid for," followed by the
true and correct name and address of the candidate or party
for whose benefit the election propaganda was printed or
aired.
4.2. If the broadcast is given free of charge by the radio or
television station, it shall be identified by the words
"airtime for this broadcast was provided free of charge by"
followed by the true and correct name and address of the
broadcast entity.
4.3. Print, 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. Such
written acceptance shall be attached to the advertising
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contract and shall be submitted to the COMELEC as
provided in Subsection 6.3. hereof.
Section 5. Election Surveys. – 5.1. Election surveys refer
to the measurement of opinions and perceptions of the
voters as regards a candidate's popularity, qualifications,
platforms or a matter of public discussion in relation to the
election, including voters' preference for candidates or
publicly discussed issues during the campaign period
(hereafter referred to as "Survey").
5.2. During the election period, any person, natural as well
as juridical, candidate or organization who publishes a
survey must likewise publish the following information:
(a) The name of the person, candidate, party or
organization who commissioned or paid for the survey;
(b) The name of the person, polling firm or survey
organization who conducted the survey;
(c) The period during which the survey was conducted, the
methodology used, including the number of individual
respondents and the areas from which they were selected,
and the specific questions asked;
(d) The margin o error of the survey;
(e) For each question for which the margin of error is
greater than that reported under paragraph (d), the margin
of error for that question; and
(f) A mailing address and telephone number, indicating it as
an address or telephone number at which the sponsor can
be contacted to obtain a written report regarding the survey
in accordance with Subsection 5.3.
5.3. The survey together with raw data gathered to support
its conclusions shall be available for inspection, copying and
verification by the COMELEC or by a registered political
party or a bona fide candidate or by any COMELEC-
accredited citizen's arm. A reasonable fee sufficient to cover
the costs of inspection, copying and verification may be
charged.
5.4. Surveys affecting national candidates shall not be
published fifteen (15) days before an election and surveys
affecting local candidates shall not be published seven (7)
days before an election.
5.5. Exit polls may only be taken subject to the following
requirements:
UNIVERSITY OF SANTO TOMAS
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(a) Pollsters shall not conduct their surveys within fifty (50)
meters from the polling place, whether said survey is taken
in a home, dwelling place and other places;
(b) Pollsters shall wear distinctive clothing;
(c) Pollsters shall inform the voters that they may refuse to
answer; and
(d) The result of the exit polls may be announced after the
closing of the polls on election day, and must clearly identify
the total number of respondents, and the places where they
were taken. Said announcement shall state that the same is
unofficial and does not represent a trend.
Section 6. Equal Access to Media Time and Space. – All
registered parties and bona fide candidates shall have equal
access to media time and space. The following guidelines
may be amplified on by the COMELEC.
6.1. Print advertisements shall not exceed one-fourth (1/4)
page, in broad sheet and one-half (1/2) page in tabloids
thrice a week per newspaper, magazine or other
publications, during the campaign period.
6.2. (a) Each bona fide candidate or registered political
party for a nationally elective office shall be entitled to not
more than one hundred twenty (120) minutes of television
advertisement and one hundred eighty (180) minutes of
radio advertisement whether by purchase or donation.
(b) Each bona fide candidate or registered political party for
a locally elective office shall be entitled to not more than
sixty (60) minutes of television advertisement and ninety
(90) minutes of radio advertisement whether by purchase
or
For this purpose, the COMELEC shall require any broadcast
station or entity to submit to the COMELEC a copy of its
broadcast logs and certificates of performance for the
review and verification of the frequency, date, time and
duration of advertisements broadcast for any candidate or
political party.
6.3. All mass media entities shall furnish the COMELEC with
a copy of all contracts for advertising, promoting or
opposing any political party or the candidacy of any person
for public office within five (5) days after its signing. In
every case, it shall be signed by the donor, the candidate
concerned or by the duly authorized representative of the
political party.
6.4. No franchise or permit to operate a radio or television
stations shall be granted or issued, suspended or cancelled
during the election period.
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In all instances, the COMELEC shall supervise the use and
employment of press, radio and television facilities insofar
or the placement of political advertisements is concerned to
ensure that candidates are given equal opportunities under
equal circumstances to make known their qualifications
and their stand on public issues within the limits set forth
in the Omnibus Election Code and Republic Act No. 7166 on
election spending.
The COMELEC 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 to or 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 significant news or
news worthy events and views on matters of public interest.
6.5. All members of media, television, radio or print, shall
scrupulously report and interpret the news, taking care not
to suppress essential facts nor to distort the truth by
omission or improper emphasis. They shall recognize the
duty to air the other side and the duty to correct substantive
errors promptly.
6.6. Any mass media columnist, commentator, announcer,
reporter, on-air correspondent or personality who is a
candidate for any elective public office 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 required by their employer, or shall take a leave of
absence from his/her work as such during the campaign
period: Provided, That any media practitioner who is an
official of a political party or a member of the campaign staff
of a candidate or political party shall not use his/her time or
space to favor any candidate or political party.
6.7. No 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.
6.8. No 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. Affirmative Action by the COMELEC. – 7.1.
Pursuant to Sections 90 and 92 of the Omnibus Election
Code (Batas Pambansa Bldg. 881), the COMELEC shall
procure the print space upon payment of just compensation
from at least three (3) national newspapers of general
circulation wherein candidates for national office can
UNIVERSITY OF SANTO TOMAS
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announce their candidacies. Such space shall be allocated
free of charge equally and impartially among all the
candidates for national office on three (3) different calendar
days: the first day within the first week of the campaign
period; the second day within the fifth week of the campaign
period; and the third day within the tenth week of the
campaign period.
7.2. The COMELEC shall also procure free airtime from at
least three (3) national television networks and three(3)
national radio networks, which shall also be allocated free
of charge equally and impartially among all candidates for
national office. Such free time shall be allocated on three (3)
different calendar days; the first day within the first week of
the campaign period; the second day within the fifth week
of the campaign period; and the third day within the tenth
weeks of the campaign period.
7.3. The COMELEC may require national television and
radio networks to sponsor at least three (3) national
debates among presidential candidates and at least one (1)
national debate among vice presidential candidates. The
debates among presidential candidates shall be scheduled
on three (3) different calendar days; the first debate shall be
scheduled within the first and second week of the campaign
period; the second debate within the fifth and sixth week of
the campaign period; and the third debate shall be
scheduled within the tenth and eleventh week of the
campaign period.
The sponsoring television or radio network may sell air-
time for commercials and advertisements to interested
advertisers and sponsors. The COMELEC shall promulgate
rules and regulations for the holding of such debates.
Section 8. COMELEC Space and Time. – The COMELEC
shall procure shall in at least one (1) newspaper of general
circulation and air time in at least one (1) major
broadcasting station or entity in every province or city:
Provided, however, That in the absence of said newspaper,
publication shall be done in any other magazine or
periodical in said province or city, which shall be known as
"COMELEC Space": Provided, further, That in the absence of
said broadcasting station or entity, broadcasting shall be
done in any radio or television station in said province or
city, which shall be known as "COMELEC Time". Said time
shall be allocated to the COMELEC free of charge, while said
space shall be allocated to the COMELEC upon payment of
just compensation. The COMELEC time and space shall be
utilized exclusively by the COMELEC for public information
dissemination on election-related concerns.
Section 9. Posting of Campaign Materials. – The
COMELEC may authorize political parties and party-list
groups to erect common poster areas for their candidates in
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not more than ten (1) public places such as plazas, markets,
barangay centers and the like, wherein candidates can post,
display or exhibit election propaganda: Provided, That the
size of the poster areas shall not exceed twelve (12) by
sixteen (16) feet or its equivalent.
Independent candidates with no political parties may
likewise be authorized to erect common poster areas in not
more than ten (10) public places, the size of which shall not
exceed four (4) by six (6) feet or its equivalent.
Candidates may post any lawful propaganda material in
private places with the consent of the owner thereof, and in
public places or property which shall be allocated equitably
and impartially among the candidates.
Section 10. Right to Reply. – All registered parties and
bona fide candidates shall be have the right to reply to
charges published against them. The reply shall be given
publicity by the newspaper, television and/or radio station
which first printed or aired the charges with the same
prominence or in the same page or section or in the same
time slot as the first statement.
Section 11. Rates for Political Propaganda. – During the
election period, media outlets shall charge registered
political parties and bona fide candidates a discounted rate
of thirty percent (30%) for television, twenty percent
(20%) for radio and ten (10%) for print over the average
rates charged during the first three quarters of the calendar
year preceding the elections.
Section 12. Substitution of Candidates. – In case of valid
substitutions after the official ballots have been printed, the
votes cast for the substituted candidates shall be considered
as stray votes but shall not invalidate the whole ballot. For
this purpose, the official ballots shall provide spaces where
the voters may write the name of the substitute candidates
if they are voting for the latter: Provided, however, That if
the substitute candidate of the same family name, this
provision shall not apply.
Section 13. Authority of the COMELEC to Promulgate
Rules; Election Offenses. – The COMELEC shall
promulgate and furnish all political parties and candidates
and the mass media entities the rules and regulations for
the implementation of this Act, consistent with the criteria
established in Article IX-C, Section 4 of the Constitution and
Section 86 of the Omnibus Election Code (Batas Pambansa
Bldg. 881).
Rules and regulations promulgated by the COMELEC under
and by authority of this Section shall take effect on the
seventh day after their publication in at least two (2) daily
newspapers of general circulation. Prior to effectivity of
UNIVERSITY OF SANTO TOMAS
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said rules and regulations, no political advertisement or
propaganda for or against any candidate or political party
shall be published or broadcast through mass media.
Violation of this Act and the rules and regulations of the
COMELEC issued to implement this Act shall be an election
offense punishable under the first and second paragraphs of
Section 264 of the Omnibus Election Code (Batas Pambansa
Bldg. 881).
Section 14. Repealing Clause. – Section 67 and 85 of the
Omnibus Election Code (Batas Pambansa Bldg. 881) and
Sections 10 and 11 of Republic Act No. 6646 are hereby
repealed. As a consequence, the first proviso in the third
paragraph of Section 11 of Republic Act No. 8436 is
rendered ineffective. All laws, presidential decrees,
executive orders, rules and regulations, or any part thereof
inconsistent with the provisions of this Act are hereby
repealed or modified or amended accordingly.
Section 15. Separability Clause. – If any provision or part
hereof is held invalid or unconstitutional, the remainder of
this Act not otherwise affected shall remain in full force and
effect.
Section 16. Effectivity. – This Act shall take effect
immediately upon its approval.
Approved: February 12, 2001
2. Precincts & Polling Places
OMNIBUS ELECTION CODE
BP 881
ARTICLE XIII
PRECINCTS AND POLLING PLACES
Section 149. Precincts and their establishment. - The
unit of territory for the purpose of voting is the election
precinct, and every barangay as of the approval of this Act
shall have at least one such precinct.
The Commission shall establish all election precincts.
The precincts actually established in the preceding regular
election shall be maintained, but the Commission may
introduce such adjustments, changes or new divisions or
abolish them, if necessary: Provided, however, That the
territory comprising an election precinct shall not be
altered or a new precinct established within forty-five days
before a regular election and thirty days before a special
election or a referendum or plebiscite.
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Section 150. Arrangements of election precincts. -
(a) Each election precinct shall have, as far as possible not
more than three hundred voters and shall comprise, as far
as practicable, contiguous and compact territory.
(b) When it appears that an election precinct contains more
than three hundred voters, the Commission shall, in the
interest of orderly election, and in order to facilitate the
casting of votes, be authorized to divide a precinct not later
than one week after the last day of registration of voters. But
the polling place of all the precincts created thereby shall be
located in the same building or compound where the polling
place of the original precinct is located, and if this be not
feasible, in a place as close as possible to the polling place of
the original precinct: Provided, however, That the polling
place of the new precinct may be located elsewhere upon
written petition of the majority of the voters of the new
precinct: Provided, further, That when a precinct is divided
into two or more precincts, the registered voters shall be
included in the precinct wherein they reside. Every case of
alteration of a precinct shall be duly published by posting a
notice of any change in conspicuous location in the precinct,
and in the municipal building or city hall, as the case may
be.
(c) A municipality which has been merged with another
municipality shall constitute at least one election precinct,
if the distance between the remotest barangay of the
merged municipality and the nearest polling place in the
municipality to which it has been merged shall, by the
shortest road, exceed five kilometers.
(d) An island or group of islands having one hundred and
fifty or more voters shall constitute a precinct.
(e) Any alteration of the election precincts or the
establishment of new ones shall be communicated to the
provincial election supervisor, the provincial
superintendent of schools, etc. together with the
corresponding maps, which shall be published as
prescribed in the next succeeding sections.
Section 151. Publication of maps or precincts. - At least
five days before the first registration day preceding a
regular election or special election or a referendum or a
plebiscite, the Commission shall, through its duly
authorized representative, post in the city hall or municipal
building and in three other conspicuous places in the city or
municipality and on the door of each polling place, a map of
the city or municipality showing its division into precincts
with their respective boundaries and indicating therein all
streets and alleys in populous areas and the location of each
polling place.
UNIVERSITY OF SANTO TOMAS
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These maps shall be kept posted until after the election,
referendum or plebiscite.
Section 152. Polling place. - A polling place is the building
or place where the board of election inspectors conducts its
proceedings and where the voters shall cast their votes.
Section 153. Designation of polling places. - The location
of polling places designated in the preceding regular
election shall continue with such changes as the
Commission may find necessary, after notice to registered
political parties and candidates in the political unit affected,
if any, and hearing: Provided, That no location shall be
changed within forty-five days before a regular election and
thirty days before a special election or a referendum or
plebiscite, except in case it is destroyed or it cannot be used.
Section 154. Requirements for polling places. - Each
polling place shall be, as far as practicable, a ground floor
and shall be of sufficient size to admit and comfortably
accommodate forty voters at one time outside the guard rail
for the board of election inspectors. The polling place shall
be located within the territory of the precinct as centrally as
possible with respect to the residence of the voters therein
and whenever possible, such location shall be along a public
road. No designation of polling places shall be changed
except upon written petition of the majority of the voters of
the precinct or agreement of all the political parties or by
resolution of the Commission upon prior notice and
hearing.
A public building having the requirements prescribed in the
preceding paragraph shall be preferred as polling place.
Section 155. Building that shall not be used as polling
places. - No polling place shall be located in a public or
private building owned, leased, or occupied by any
candidate or of any person who is related to any candidate
within the fourth civil degree of consanguinity or affinity, or
any officer of the government or leader of any political
party, group or faction, nor in any building or surrounding
premises under the actual control of a private entity,
political party or religious organization. In places where no
suitable public building is available, private school
buildings may be used as polling places. No polling place
shall be located within the perimeter of or inside a military
or police camp or reservation or within a prison compound.
Any registered voter, candidate or political party may
petition the Commission not later than thirty days before
the first registration day for the transfer of the polling place
from the prohibited buildings provided herein. Such
petition shall be heard and decided by the Commission
within twenty days from the filing of the petition. Failure to
effect the transfer of the polling place after the Commission
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found it to be located in violation of this section within the
period prescribed herein shall be a ground for the
postponement of the election in the polling place concerned.
Section 156. Signs and flags of polling places. - On the day
of the voting as well as on any day that the board of election
inspectors might meet, every polling place shall have in
front a sign showing the number of the precinct to which it
belongs and the Philippine flag shall be hoisted at the
proper height.
Section 157. Arrangement and contents of polling
places. - Each polling place shall conform as much as
possible to the sketch on the following page.
Section 158. Voting booth. - During the voting, there shall
be in each polling place a booth for every twenty voters
registered in the precinct. Each booth shall be open on the
side fronting the table for the board of election inspectors
and its three sides shall be closed with walls at least seventy
centimeters wide and two meters high. The upper part shall
be covered, if necessary, to preserve the secrecy of the
ballot. Each booth shall have in the background a shelf so
placed that voters can write therein while standing and
shall be kept clearly lighted, by artificial lights, if necessary,
during the voting.
The Commission shall post inside each voting booth and
elsewhere in the polling place on the day before the election,
referendum and plebiscite a list containing the names of all
the candidates or the issues or questions to be voted for, and
shall at all times during the voting period keep such list
posted in said places.
Section 159. Guard rails. -
(a) In every polling place there shall be a guard rail between
the voting booths and the table for the board of election
inspectors which shall have separate entrance and exit. The
booths shall be so arranged that they can be accessible only
by passing through the guard rail and by entering through
its open side facing the table of the board of election
inspectors.
(b) There shall also be a guard rail for the watchers between
the place reserved for them and the table for the board of
election inspectors and at a distance of not more than fifty
centimeters from the latter so that the watchers may see
and read clearly during the counting of the contents of the
ballots and see and count the votes recorded by the board
of election inspectors member on the corresponding tally
sheets.
(c) There shall also be, if possible, guard rails separating the
table of the board of election inspectors from the voters
UNIVERSITY OF SANTO TOMAS
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waiting for their turn to cast their votes, with entrance and
exit to give them orderly access to the table and the booths
during the voting.
(d) The polling place shall be so arranged that the booths,
the table, the ballot boxes and the whole polling place,
except what is being written within the booths, shall be in
plain view of the board of election inspectors, the watchers
and other persons who may be within the polling place.
Section 160. Ballot boxes. -
(a) There shall be in each polling place on the day of the
voting a ballot box one side of which shall be transparent
which shall be set in a manner visible to the voting public
containing two compartments, namely, the compartment
for valid ballots which is indicated by an interior cover
painted white and the compartment for spoiled ballots
which is indicated by an interior cover painted red. The
boxes shall be uniform throughout the Philippines and shall
be solidly constructed and shall be closed with three
different locks as well as three numbered security locks and
such other safety devices as the Commission may prescribe
in such a way that they can not be opened except by means
of three distinct keys and by destroying such safety devices.
(b) In case of the destruction or disappearance of any ballot
box on election day, the board of election inspectors shall
immediately report it to the city or municipal treasurer who
shall furnish another box or receptacle as equally adequate
as possible. The election registrar shall report the incident
and the delivery of a new ballot box by the fastest means of
communication on the same day to the Commission and to
the provincial election supervisor.
Section 161. Tally boards. - At the beginning of the
counting, there shall be placed within the plain view of the
board of election inspectors, watchers and the public, a tally
board where the names of all the registered candidates or
the issues or questions to be voted upon shall be written,
and the poll clerk shall record thereon the votes received by
each of them as the chairman of the board of election
inspectors reads the ballot.
Section 162. Furnishing of ballot boxes, forms,
stationeries and materials for election. - The
Commission shall prepare and furnish the ballot boxes,
forms, stationeries and materials necessary for the
registration of voters and the holding of the election.
The provincial, city and municipal treasurer shall have
custody of such election paraphernalia, supplies and
materials as are entrusted to him under the law or rules of
the Commission and shall be responsible for their
preservation and storage, and for any loss, destruction,
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impairment or damage of any election equipment, material
or document in their possession furnished under this Code.
Section 163. Inspection of polling places. - Before the day
of the election, referendum or plebiscite, the Chairman of
the Commission shall, through its authorized
representatives, see to it that all polling places are inspected
and such omissions and defects as may be found corrected.
The Commission shall keep the reports on these
inspections.
VOTER’S REGISTRATION ACT
RA 8189
Sec. 5. Precincts and their Establishment. - In
preparation for the general registration in 1997, the
Commission shall draw updated maps of all the precincts
nationwide. Upon completion of the new precinct maps, all
the precincts established in the preceding elections shall be
deemed abolished. For the purpose of the general
registration, the Commission shall create original precincts
only. Spin-off precinct may be created after the regular
elections of 1998 to accommodate additional voters
residing within the territorial jurisdiction of the original
precincts.
The Commission shall introduce a permanent numbering of
all precincts which shall be indicated by Arabic numerals
and a letter of the English alphabet. Original or mother
precincts shall be indicated by the Arabic numeral and letter
"A of the English alphabet. Spin-off or daughter precincts
shall be indicated by the Arabic numeral and letter of the
English alphabet starting with letter B and so on.
No territory comprising an election precinct shall be altered
or a new precinct be established at the start of the election
period.
Splitting of an original precinct or merger of two or more
original precincts shall not be allowed without redrawing
the precinct map/s one hundred twenty (120) days before
election day.
Sec. 6. Arrangement of Precincts. - Every barangay shall
have at least one (1) precinct. Each precinct, shall have no
more than two hundred (200) voters and shall comprise
contiguous and compact territories.
a. A precinct shall be allowed to have less than 200
registered voters under the following conditions:
1. As soon as the 200-limit for every precinct has been
reached, a spin-off or daughter precinct shall be created
automatically by the Commission to accommodate voters
residing within the territorial jurisdiction of the original
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precinct. Thereafter, a separate list of new voters shall be
prepared by the Election Officer; and
2. An island or group of islands with less than two hundred
(200) voters may comprise one (1) original precinct.
b. Every case of alteration of precincts shall be duly
announced by posting a notice thereof in a conspicuous
place in the precinct, in the office of the election officer and
in the city or municipal hall and by providing political
parties and candidates a list of all the precincts at the start
of the campaign period; and
c. Consolidation or merger of at most three (3) precincts
may be allowed: Provided, That the computerized counting
shall be implemented: Provided, further, That the merger of
such precincts shall be effected ninety (90) days before
election day.
OMNIBUS ELECTION CODE
BP 881
ARTICLE XIV
BOARD OF ELECTION INSPECTORS
Section 164. Composition and appointment of board of
election inspectors. - At least thirty days before the date
when the voters list is to be prepare in accordance with this
Code, in the case of a regular election or fifteen days before
a special election, the Commission shall, directly or through
its duly authorized representatives, constitute a board of
election inspectors for each precinct to be composed of a
chairman and a poll clerk who must be public school
teachers, priority to be given to civil service eligibles, and
two members, each representing the two accredited
political parties. The appointment shall state the precinct to
which they are assigned and the date of the appointment.
Section 165. Oath of the members of the board of
election inspectors. - The members of the board of election
inspectors, whether permanent, substitute or temporary,
shall before assuming their office, take and sign an oath
upon forms prepared by the Commission, before an officer
authorized to administer oaths or, in his absence, before any
other member of the board of election inspectors present,
or in case no one is present, they shall take it before any
voter. The oaths shall be sent immediately to the city or
municipal treasurer.
Section 166. Qualification of members of the board of
election inspectors. - No person shall be appointed
chairman, member or substitute member of the board of
election inspectors unless he is of good moral character and
irreproachable reputation, a registered voter of the city or
municipality, has never been convicted of any election
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offense or of any other crime punishable by more than six
months of imprisonment, or if he has pending against him
an information for any election offense. He must be able to
speak and write English or the local dialect.
Section 167. Disqualification. - No person shall serve as
chairman or member of the board of election inspectors if
he is related within the fourth civil degree of consanguinity
or affinity to any member of the board of election inspectors
or to any candidate to be voted for in the polling place or his
spouse.
Section 168. Powers of the board of election inspectors.
- The board of election inspectors shall have the following
powers and functions:
a. Conduct the voting and counting of votes in their
respective polling places;
b. Act as deputies of the Commission in the supervision and
control of the election in the polling places wherein they are
assigned, to assure the holding of the same in a free, orderly
and honest manner; and
c. Perform such other functions prescribed by this Code or
by the rules and regulations promulgated by the
Commission.
Section 169. Voting privilege of members of board of
election inspectors. - Members of the board of election
inspectors and their substitutes may vote in the polling
place where they are assigned on election day: Provided,
That they are registered voters within the province, city or
municipality where they are assigned: and Provided, finally,
That their voting in the polling places where they are not
registered voters be noted in the minutes of the board of
election inspectors.
Section 170. Relief and substitution of members of the
board of election inspectors. - Public school teachers who
are members of the board of election inspectors shall not be
relieved nor disqualified from acting as such members,
except for cause and after due hearing.
Any member of the board of election inspectors, nominated
by a political party, as well as his substitute may at any time
be relieved from office and substituted with another having
the legal qualifications upon petition of the authorized
representative of the party upon whose nomination the
UNIVERSITY OF SANTO TOMAS
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appointment was made, and it shall be unlawful to prevent
said person from, or disturb him in, the performance of the
duties of the said office. A record of each case of substitution
shall be made, setting forth therein the hour in which the
replaced member has ceased in the office and the status of
the work of the board of election inspectors. Said record
shall be signed by each member of the board of election
inspectors including the incoming and outgoing officers.
Section 171. Vacancy in the board of election
inspectors. - Every vacancy in the board of election
inspectors shall be filled for the remaining period in the
manner hereinbefore prescribed.
Section 172. Proceedings of the board of election
inspectors. - The meetings of the board of election
inspectors shall be public and shall be held only in the
polling place authorized by the Commission.
The board of election inspectors shall have full authority to
maintain order within the polling place and its premises, to
keep access thereto open and unobstructed, and to enforce
obedience to its lawful orders. If any person shall refuse to
obey lawful orders of the board of election inspectors, or
shall conduct himself in a disorderly manner in its presence
or within its hearing and thereby interrupt or disturb its
proceedings, the board of election inspectors may issue an
order in writing directing any peace officer to take such
person into custody until the adjournment of the meeting,
but such order shall not be executed as to prevent any
person so taken into custody from exercising his right to
vote. Such order shall be executed by any peace officer to
whom it may be delivered, but if none be present, by any
other person deputized by the board of election inspectors
in writing.
Section 173. Prohibition of political activity. - No
member of the board of election inspectors shall engage in
any partisan political activity or take part in the election
except to discharge his duties as such and to vote.
Section 174. Functioning of the board of election
inspectors. - The board of election inspectors shall act
through its chairman, and shall decide without delay by
majority vote all questions which may arise in the
performance of its duties.
Section 175. Temporary vacancies. - If, at the time of the
meeting of the board of election inspectors, any member is
absent, or the office is still vacant, the members present
shall call upon the substitute or the absent members to
perform the duties of the latter; and, in case such substitute
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cannot be found, the members present shall appoint any
non-partisan registered voter of the polling place to
temporarily fill said vacancy until the absent member
appears or the vacancy is filled. In case there are two or
more members present, they shall act jointly: Provided,
That if the absent member is one who has been proposed by
an accredited political party, the representative of said
political party or in his absence the watchers belonging to
said party shall designate a registered voter of the polling
place to temporarily fill said vacancy: Provided, further,
That in the event or refusal or failure of either
representative or watchers of said political party to make
the designation, the members of the board of election
inspectors present shall choose a non-partisan registered
voter of the polling place to fill the vacancy.
Section 176. Temporary designation of members of the
board of election inspectors by watchers. - If at the time
the board of election inspectors must meet, all the positions
in the board of election inspectors are vacant, or if not one
of the appointed members shall appear, the watchers
present may designate voters of the polling place to act in
the place of said members until the absentees shall appear
or the vacancies are filled.
Section 177. Arrest of absent members. - The member or
members of the board of election inspectors present may
order the arrest of any other member or substitute thereof,
who in their judgment, has absented himself with intention
of obstructing the performance of duties of the board of
election inspectors.
THE ELECTORAL REFORMS LAW
RA 6646
Section 16. Certificates of Votes. - After the counting of the
votes cast in the precinct and announcement of the results
of the election, and before leaving the polling place, the
board of election inspectors shall issue a certificate of votes
upon request of the duly accredited watchers. The
certificate shall contain the number of votes obtained by
each candidate written in words and figures, 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 thumbmarked by each member of the board.
Section 17. Certificate of Votes as Evidence. - The
provisions of Sections 235 and 236 of Batas Pambansa Blg.
881 notwithstanding, the certificate of votes shall be
admissible in evidence to prove tampering, alteration,
falsification 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
UNIVERSITY OF SANTO TOMAS
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inspectors who issued the certificate: Provided, That failure
to present any certificate of votes shall be a bar to the
presentation of other evidence to impugn the authenticity
of the election returns.
ACT AMENDING RA 8436
RA 9369
SECTION 3. Section 3 of Republic Act No. 8436 is hereby
amended to read as follows:
“SEC 3. Board of Election Inspectors. - Where AES shall be
adopted, at least one member of the Board of Election
Inspectors shall be an information technology-capable
person, who is trained or certified by the DOST to use the
AES. Such certification shall be issued by the DOST, free of
charge.”
4. Watchers
OMNIBUS ELECTION CODE
BP 881
ARTICLE XV
WATCHERS
Section 178. Official watchers of candidates. - Every
registered political party, coalition of political parties and
every independent candidate shall each be entitled to one
watcher in every polling place.
No person shall be appointed watcher unless he is a
qualified voter of the city or municipality, of good
reputation and shall not have been convicted by final
judgment of any election offense or of any other crime, must
know how to read and write Pilipino, English, Spanish or
any of the prevailing local dialects, and not related within
the fourth civil degree of consanguinity or affinity to the
chairman or any member of the board of election inspectors
in the polling place where he seeks appointment as a
watcher.
Each candidate, political party or coalition of political
parties shall designate in every province, highly urbanized
city or district in the Metropolitan Manila area, a
representative authorized to appoint watchers, furnishing
the provincial election supervisor or the city election
registrar, as the case may be, the names of such
representatives. The provincial election supervisors shall
furnish the municipal election registrars and election
registrars of component cities with the list of such
representatives.
In the case of Metropolitan Manila, the designation of the
persons authorized to appoint watchers shall be filed with
the Commission, which shall furnish the list of such
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representatives to the respective city and municipal
election registrars.
Section 179. Rights and duties of watchers. - Upon
entering the polling place, the watchers shall present and
deliver to the chairman of the board of election inspectors
his appointment, and forthwith, his name shall be recorded
in the minutes with a notation under his signature that he is
not disqualified under the second paragraph of Section 178.
The appointments of the watchers shall bear the personal
signature or the facsimile signature of the candidate or the
duly authorized representatives of the political party or
coalition of political parties who appointed him or of
organizations authorized by the Commission under Section
180. The watchers shall have the right to stay in the space
reserved for them inside the polling place. They shall have
the right to witness and inform themselves of the
proceedings of the board of election inspectors, including its
proceedings during the registration of voters, to take notes
of what they may see or hear, to take photographs of the
proceedings and incidents, if any, during the counting of
votes, as well as of election returns, tally boards and ballot
boxes, to file a protest against any irregularity or violation
of law which they believe may have been committed by the
board of election inspectors or by any of its members or by
any persons, to obtain from the board of election inspectors
a certificate as to the filing of such protest and/or of the
resolution thereon, to read the ballots after they shall have
been read by the chairman, as well as the election returns
after they shall have been completed and signed by the
members of the board of election inspectors without
touching them, but they shall not speak to any member of
the board of election inspectors, or to any voter, or among
themselves, in such a manner as would distract the
proceedings, and to be furnished with a certificate of the
number of votes in words and figures cast for each
candidate, duly signed and thumbmarked by the chairman
and all the members of the board of election inspectors.
Refusal of the chairman and the members of the board of
election inspectors to sign and furnish such certificate shall
constitute an election offense and shall be penalized under
this Code.
Section 180. Other watchers. - The duly accredited
citizens arm of the Commission shall be entitled to appoint
a watcher in every polling place. Other civic, religious,
professional, business, service, youth and any other similar
organizations, with prior authority of the Commission, shall
be entitled collectively to appoint one watcher in every
polling place.
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AN ACT PROVIDING FOR SYNCHRONIZED NATIONAL &
LOCAL ELECTIONS & FOR ELECTORAL REFORMS,
AUTHORIZING APPROPRIATIONS THEREFOR, & FOR
OTHER PURPOSES
RA 7166
Section 26. Official Watchers. - Every registered political
party or coalition of political parties, and every candidate
shall each be entitled to one watcher in every polling place
and canvassing center: Provided, That, candidates for the
Sangguniang Panlalawigan, Sangguniang Panlungsod, or
Sangguniang Bayan belonging to the same slate or ticket
shall collectively be entitled to only one watcher.
There shall also be recognized six (6) principal watchers,
representing the six (6) accredited major political parties,
who shall be designated by the Commission upon
nomination of the said parties. These political parties shall
be determined by the Commission upon notice and hearing
on the basis of the following circumstances:
(a) The established record of the said parties, coalition of
groups that now composed them, taking into account,
among other things, their showing in past elections;
(b) The number of incumbent elective officials belonging to
them ninety (90) days before the date of election;
(c) Their identifiable political organizations and strengths
as evidenced by their organized/chapters;
(d) The ability to fill a complete slate of candidates from the
municipal level to the position of President; and
(e) Other analogous circumstances that may determine
their relative organizations and strengths.
ACT AMENDING RA 8436
RA 9369
SECTION 34. SECTION 26 of Republic Act No. 7166 is
hereby amended to read as follows:
"SECTION 26. Official Watchers. - Every registered
political party or coalition of political parties, and every
candidate shall each be entitled to one watcher in every
polling place and canvassing center: Provided, That,
candidates for the Sangguniang Panlalawigan, Sangguniang
Panlunsod, or Sangguniang Bayan belonging to the same
slate or ticket shall collectively be entitled to only one
watcher.
"The dominant majority party and dominant minority
party, which the Commission shall determine in accordance
with law, shall each be entitled to one official watcher who
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shall be paid a fixed per diem of Four hundred pesos
(P400.00).
"There shall also be recognized six principal watchers,
representing the six accredited major political parties
excluding the dominant majority and minority parties, who
shall be designated by the Commission upon nomination of
the said parties. These political parties shall be determined
by the Commission upon notice and hearing on the basis of
the following circumstances:
"(a) The established record of the said parties, coalition of
groups that now composed them, taking into account,
among other things, their showing in past elections;
"(b) The number of incumbent elective officials belonging
to them ninety (90) days before the date of election;
"(c) Their identifiable political organizations and strengths
as evidenced by their organized/chapters;
"(d) The ability to fill a complete slate of candidates from
the municipal level to the position of President; and
"(e) Other analogous circumstances that may determine
their relative organizations and strengths."
5. Overseas Voting
ACT AMENDING OVERSEAS VOTING ACT OF 2013
RA 10590
Section 1. Section 1 of Republic Act No. 9198 is hereby
hereby amended to read as follows:
"SECTION 1. Short Title. - This Act shall be known
as 'The Overseas Voting Act of 2013′."
Section 2. Section 3 of Republic Act No. 9189 is hereby
amended to read as follows:
"SEC. 3. Definition of Terms. - For purposes of this
Act:
"(a) Certified List of Overseas Voters
(CLOV) refers to the list of registered
overseas voters whose applications to vote
overseas have been approved by the
Commission, said list to be prepared by the
Office for Overseas Voting of the
Commission, on a country-by-country and
post-by-post basis. The list shall be
approved by the Commission in an en
banc resolution.
UNIVERSITY OF SANTO TOMAS
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"(b) Commission refers to the
Commission on Elections.
"(c) Day of Election refers to the actual
date of elections in the Philippines.
"(d) Department of Foreign Affairs
Overseas Voting Secretariat (DFA-
OVS) refers to the secretariat based at the
Department of Foreign Affairs (DFA) home
office tasked to assist the Office for
Overseas Voting (OFOV) under the
Commission, and to direct, coordinate and
oversee the participation of the DFA in the
implementation of the Overseas Voting
Act.
"(e) Field Registration refers to the
conduct of registration of overseas voters
at predetermined locations, either in the
Philippines, as may be determined by the
Commission, or outside the posts, upon the
favorable recommendation of the DFA-
OVS, both being of limited duration and
based on the guidelines prescribed by the
Commission for that exclusive purpose;
the government shall not collect fees for
the same.
"(f) Mobile Registration refers to the
conduct of registration of overseas voters
at various locations outside the posts,
other than at field registrations,
undertaken as part of the posts' mobile
consular and outreach activities to
Filipinos within their jurisdictions.
"(g) Municipal/City/District Registry of
Overseas Voters (ROV) refers to the
consolidated list prepared, approved and
maintained by the Commission for every
municipality/city/district of overseas
voters whose applications for registration
as such, including those registered voters
under Republic Act No. 8189, 'Voter's
Registration Act of 1996′, who applied for
certification as overseas voters, have been
approved by the Election Registration
Board and/or resident Election
Registration Board.
"(h) National Registry of Overseas
Voters (NROV) refers to the consolidated
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list prepared, approved and maintained by
the Commission of overseas voters whose
applications for registration as overseas
voters, including those registered voters
under Republic Act No. 8189 who have
applied to be certified as overseas voters,
have been approved by the resident
Election Registration Board, indicating the
post where the overseas voter is
registered.
"(i) Office for Overseas Voting (OFOV)
refers to the Office of the Commission
tasked to oversee and supervise the
effective implementation of the Overseas
Voting Act.
"(j) Overseas Voter refers to a citizen of
the Philippines who is qualified to register
and vote under this Act, not otherwise
disqualified by law, who is abroad on the
day of elections.
"(k) Overseas Voting refers to the process
by which qualified citizens of the
Philippines abroad exercise their right to
vote.
"(l) Posts refer to the Philippine
embassies, consulates, foreign service
establishments and other Philippine
government agencies maintaining offices
abroad and having jurisdiction over the
places where the overseas voters reside.
"(m) Resident Election Registration
Board (RERB) refers to the in-house
Election Registration Board in every post
and in the OFOV, which processes,
approves or disapproves all applications
for registration and/or certification as
overseas voters, including the
deactivation, reactivation and cancellation
of registration records.
"(n) Seafarers refer to ship officers and
ratings manning ships, including offshore
workers, service providers and fishermen,
as denned in the revised rules on the
issuance of seafarer's identification and
record book of the Maritime Industry
Authority.
UNIVERSITY OF SANTO TOMAS
APEL - GARGANTIEL PROVIS [FINALS]
"(o) Special Ballot Reception and
Custody Group (SBRCG) refers to the
group constituted by the Commission to
receive and take custody of all accountable
and other election forms, supplies and
paraphernalia from the OFOV for
transmittal to the Special Board of Election
Inspectors and Special Board of
Canvassers.
"(p) Special Board of Canvassers
(SBOC) refers to the body deputized by the
Commission to canvass the overseas
voting election returns submitted to it by
the Special Board of Election Inspectors.
"(q) Special Board of Election Inspectors
(SBEI) refers to the body deputized by the
Commission to conduct the voting and
counting of votes.
"(r) Voting Period refers to a continuous
thirty (30)-day period, the last day of
which is the day of election, inclusive of
established holidays in the Philippines and
of such other holidays in the host
countries."
Section 3. Section 4 of the same Act is hereby amended to
read as follows:
"SEC. 4. Coverage. - All citizens of the Philippines
abroad, who are not otherwise disqualified by law,
at least eighteen (18) years of age on the day of
elections, may vote for President, Vice-President,
Senators and Party-List Representatives, as well as
in all national referenda and plebiscites."
Section 4. Section 5 of the same Act is hereby amended to
read as follows:
"SEC. 5. Disqualifications. - The following shall be
disqualified from registering and voting under this
Act:
"(a) Those who have lost their Filipino
citizenship in accordance with Philippine
laws;
"(b) Those who have expressly renounced
their Philippine citizenship and who have
pledged allegiance to a foreign country,
except those who have reacquired or
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retained their Philippine citizenship under
Republic Act No. 9225, otherwise known
as the 'Citizenship Retention and
Reacquisition Act of 2003′;
"(c) Those who have committed and are
convicted in a final judgment by a
Philippine court or tribunal of an offense
punishable by imprisonment of not less
than one (1) year, such disability not
having been removed by plenary pardon
or amnesty: Provided, however, That any
person disqualified to vote under this
subsection shall automatically acquire the
right to vote upon the expiration of five (5)
years after service of sentence; and
"(d) Any citizen of the Philippines abroad
previously declared insane or
incompetent by competent authority in
the Philippines or abroad, as verified by
the Philippine embassies, consulates or
foreign service establishments concerned,
unless such competent authority
subsequently certifies that such person is
no longer insane or incompetent."
Section 5. Section 6 of the same Act is hereby amended to
read as follows:
"SEC. 6. Personal Overseas Registration and/or
Certification. - Registration and/or certification as
an overseas voter shall be done in person at any
post abroad or at designated registration centers
outside the post or in the Philippines approved by
the Commission.
"Field and mobile registration centers shall be set
up by the posts concerned to ensure accessibility
by the overseas voters.
"All applicants shall submit themselves for live
capture of their biometrics.
"The Commission shall issue an overseas voter
identification card to those whose applications to
vote have been approved."
Section 6. A new Section 7 of the same Act is hereby
inserted to read as follows:
"SEC. 7. Resident Election Registration Board
(RERB); Composition, Appointment,
UNIVERSITY OF SANTO TOMAS
APEL - GARGANTIEL PROVIS [FINALS]
Disqualification and Compensation. - The RERB
shall be composed of the following:
"(a) A career official of the DFA, as
Chairperson;
"(b) The most senior officer from the
Department of Labor and Employment
(DOLE) or any government agency of the
Philippines maintaining offices abroad, as
member: Provided, That in case of
disqualification or nonavailability of the
most senior officer from the DOLE or any
government agency of the Philippines
maintaining offices abroad, the
Commission shall designate a career
official from the embassy or consulate
concerned; and
"(c) A registered overseas voter of known
probity, as member.
"The Commission shall appoint the members of the
RERB upon the recommendation of the DFA-OVS.
"The RERB in the OFOV shall be based in the main
office of the Commission and shall be composed of
a senior official of the Commission as the
Chairperson and one (1) member each from the
DFA and the DOLE, whose rank shall not be lower
than a division chief or its equivalent.
"No member of the RERB shall be related to each
other or to an incumbent President, Vice-President,
Senator or Member of the House of
Representatives representing the party-list system
of representation, within the fourth civil degree of
consanguinity or affinity.
"Each member of the RERB shall be entitled to an
honorarium at the rates approved by the
Department of Budget and Management (DBM)."
Section 7. A new Section 8 of the same Act is hereby
inserted to read as follows:
"SEC. 8. Duties and Functions of the RERB. - The
RERB shall have the following duties and functions:
"(a) Post in the bulletin boards of the
embassy or consulates or at the OFOV, as
the case may be, and in their respective
websites, the names of the applicants and
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the dates when their applications shall be
heard, as well as the place where the RERB
will hold its hearing;
"(b) Notify, through the OFOV, all political
parties and other parties concerned of the
pending applications through a weekly
updated publication in the website of the
Commission;
"(c) Act on all applications received;
"(d) Notify all applicants, whose
applications have been disapproved,
stating the reasons for such disapproval;
"(e) Prepare a list of all approved
applications during each hearing and post
the same at the bulletin boards of the
embassy or consulates or at the OFOV, as
the case may be, and in their respective
websites;
"(f) Deactivate the registration records of
overseas voters; and
"(g) Perform such other duties as may be
consistent with its functions as provided
under this Act."
Section 8. A new Section 9 of the same Act is hereby
inserted to read as follows:
"SEC. 9. Petition for Exclusion, Motion for
Reconsideration, Petition for Inclusion. -
"9.1. Petition for Exclusion. - If the application has
been approved, any interested party may file a
petition for exclusion not later than one hundred
eighty (180) days before the start of the overseas
voting period with the proper
Municipal/Metropolitan Trial Court in the City of
Manila or where the overseas voter resides in the
Philippines, at the option of the petitioner.
"The petition shall be decided on the basis of the
documents submitted within fifteen (15) days from
its filing, but not later than one hundred twenty
(120) days before the start of the overseas voting
period. Should the Court fail to render a decision
within the prescribed period, the ruling of the
RERB shall be considered affirmed.
UNIVERSITY OF SANTO TOMAS
APEL - GARGANTIEL PROVIS [FINALS]
"9.2. Motion for Reconsideration. - If the
application has been disapproved, the applicant or
the authorized representative shall have the right
to file a motion for reconsideration before the
RERB within a period of five (5) days from receipt
of the notice of disapproval. The motion shall be
decided within five (5) days after its filing on the
basis of documents submitted but not later than
one hundred twenty (120) days before the start of
the overseas voting period. The resolution of the
RERB shall be immediately executory, unless
reversed or set aside by the Court.
"9.3. Petition for Inclusion. - Within ten (10) days
from receipt of notice denying the motion for
reconsideration, the applicant may file a petition
for inclusion with the proper
Municipal/Metropolitan Trial Court in the City of
Manila or where the overseas voter resides in the
Philippines, at the option of the petitioner.
"The petition shall be decided on the basis of the
documents submitted within fifteen (15) days from
filing, but not later than one hundred twenty (120)
days before the start of the overseas voting period.
Should the Court fail to render a decision within
the, prescribed period, the RERB ruling shall be
considered affirmed.
"Qualified Philippine citizens abroad who have
previously registered as voters pursuant to
Republic Act No. 8189, otherwise known as the
'Voter's Registration Act of 1996′, shall apply for
certification as overseas voters and for inclusion in
the NROV. In case of approval, the Election Officer
concerned shall annotate the fact of
registration/certification as overseas voter before
the voter's name as appearing in the certified
voters' list and in the voter's registration records."
Section 9. A new Section 10 of the same Act is hereby
inserted to read as follows:
"SEC. 10. Transfer of Registration Record. - In the
event of change of voting venue, an application for
transfer of registration record must be filed by the
overseas voter with the OFOV, through its
Chairperson, at least one hundred eighty (180)
days prior to the start of the overseas voting
period: Provided, That those who would eventually
vote in the Philippines should register within the
time frame provided for local registration in the
municipality, city or district where they intend to
vote: Provided, further, That those who have
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registered in the municipality, city or district where
they resided prior to their departure abroad need
not register anew: Provided, finally, That
transferees shall notify the OFOV, through its
Chairperson, of their transfer back to the
Philippines at least one hundred eighty (180) days
prior to the next national elections for purposes of
cancelling their names from the CLOV and of
removing their overseas voter's registration from
the book of voters."
Section 10. Section 7 of the same Act is hereby renumbered
as Section 11 and is amended to read as follows:
"SEC. 11. System of Continuing Registration. -
The Commission shall ensure that the benefits of
the system of continuing registration are extended
to qualified overseas voters. Registration shall
commence not later than six (6) months after the
conduct of the last national elections. Towards this
end, the Commission shall be authorized to utilize
and optimize the use of existing facilities,
personnel and mechanisms of the various
government agencies for purposes of data
gathering and validation, information
dissemination and facilitation of the registration
process.
"Pre-departure Orientation Seminars (PDOS),
services and mechanisms offered and administered
by the DFA, the DOLE, the Philippine Overseas
Employment Administration (POEA), the Overseas
Workers' Welfare Administration (OWWA), the
Commission on Filipinos Overseas and by other
appropriate agencies of the government and
private agencies providing the same services shall
include the salient features of this Act and shall be
utilized for purposes of supporting the overseas
registration and voting processes.
"All employment contracts processed and
approved by the POEA shall state the right of
migrant workers to exercise their constitutional
right of suffrage within the limits provided for by
this Act."
Section 11. Section 8 of the same Act is hereby renumbered
as Section 12 and is amended to read as follows:
"SEC. 12. Requirements for Registration. - Every
Filipino registrant shall be required to furnish the
following documents:
UNIVERSITY OF SANTO TOMAS
APEL - GARGANTIEL PROVIS [FINALS]
"(a) A valid Philippine passport. In the
absence of a valid passport, a certification
of the DFA that it has reviewed the
appropriate documents submitted by the
applicant and has found them sufficient to
warrant the issuance of a passport, or that
the applicant is a holder of a valid passport
but is unable to produce the same for a
valid reason;
"(b) Accomplished registration form
prescribed by the Commission; and
"(c) Applicants who availed themselves of
the 'Citizen Retention and Reacquisition
Act' (Republic Act No. 9225) shall present
the original or certified true copy of the
order of approval of their application to
retain or reacquire their Filipino
citizenship issued by the post or their
identification certificate issued by the
Bureau of Immigration.
"The Commission may also require, additional data
to facilitate registration and recording.1âwphi1 No
information other than those necessary to establish
the identity and qualification of the applicant shall
be required.
"All applications for registration and/or
certification as an overseas voter shall be
considered as applications to vote overseas. An
overseas voter is presumed to be abroad until
she/he applies for transfer of her/his registration
records or requests that her/his name be cancelled
from the NROV."
Section 12. Section 9 of the same Act is hereby renumbered
as Section 13 and is amended to read as follows:
"SEC. 13. National Registry of Overseas Voters
(NROV). - The Commission shall maintain a
National Registry of Overseas Voters or NROV
containing the names of registered overseas voters
and the posts where they are registered.
"Likewise, the Commission shall maintain a
registry of voters (ROV) per municipality, city or
district containing the names of registered
overseas voters domiciled therein. The
Commission shall provide each and every
municipality, city or district with a copy of their
respective ROVS for their reference."
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Section 13. A new Section 14 of the same Act is hereby
inserted to read as follows:
"SEC. 14. Deactivation of Registration. - The
RERB shall deactivate and remove the registration
records of the following persons from the
corresponding book of voters and place the same,
properly marked and dated, in the inactive file after
entering any of the following causes of
deactivation:
"(a) Any person who has been sentenced
by final judgment by a Philippine court or
tribunal to suffer imprisonment for not
less than one (1) year, such disability not
having been removed by plenary pardon
or amnesty: Provided, however, That any
person disqualified to vote under this
paragraph shall automatically reacquire
the right to vote upon the expiration of five
(5) years after service of sentence, as
certified by the Clerks of Courts of the
Municipal, Municipal Circuit,
Metropolitan, Regional Trial Courts or the
Sandiganbayan;
"(b) Any person declared by competent
authority to be insane or incompetent,
unless such disqualification has been
subsequently removed by a declaration of
a proper authority that such person is no
longer insane or incompetent;
"(c) Any person who did not vote in two
(2) consecutive national elections as
shown by voting records; and
"(d) Any person whose registration has
been ordered excluded by the courts.
"The fact of deactivation shall be annotated in the
NROV and the corresponding ROV."
Section 14. Section 10 of the same Act is hereby
renumbered as Section 15.
"SEC. 15. Notice of Registration and Election. -
The Commission shall, through the posts cause the
publication in a newspaper of general circulation of
the place, date and time of the holding of a regular
or special national election and the requirements
for the participation of qualified citizens of the
Philippines abroad, at least six (6) months before
UNIVERSITY OF SANTO TOMAS
APEL - GARGANTIEL PROVIS [FINALS]
the date set for the filing of applications for
registration.
"The Commission shall determine the countries
where publication shall be made, and the frequency
thereof, taking into consideration the number of
overseas Filipinos present in such countries.
Likewise, the Commission and the DFA shall post
the same in their respective websites."
Section 15. Sections 11 and 12 of the same Act are hereby
deleted.
Section 16. A new Section 16 of the same Act is hereby
inserted to read as follows:
"SEC. 16. Reactivation of Registration. - Any
overseas voter whose registration has been
deactivated pursuant to the preceding section may
file with the RERB at any time, but not later than
one hundred twenty (120) days before the start of
the overseas voting period, a sworn application for
reactivation of registration stating that the grounds
for the deactivation no longer exist."
Section 17. A new Section 17 of the same Act is hereby
inserted to read as follows:
"SEC 17. Cancellation of Registration. - The RERB
shall cancel the registration records of those who
have died, as certified by either the posts or by the
local civil registrar, and those who have been
proven to have lost their Filipino citizenship."
Section 18. A new Section 18 of the same Act is hereby
inserted to read as follows:
"SEC. 18. Voters Excluded from the NROV
Through Inadvertence. - Any registered overseas
voter whose name has been inadvertently omitted
from the NROV may, personally or through an
authorized representative, file with the RERB
through the OFOV or the post exercising
jurisdiction over the voter's residence, an
application under oath for reinstatement not later
than one hundred twenty (120) days before the
start of the voting period.
"The RERB shall resolve the application within one
(1) month from receipt thereof, otherwise the
application shall be deemed approved."
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Section 19. A new Section 19 of the same Act is hereby
inserted to read as follows:
"SEC. 19. Application for Correction of Entries
and Change of Name. - Any registered overseas
voter who intends to change her/his name by
reason of marriage, death of husband, or final court
judgment; or to correct a mispelled name or any
erroneous entry in the NROV, CLOV and voter's
identification card may, personally or through an
authorized representative, file an application
under oath for change of name or correction of
entries with the RERB through the OFOV or the
post exercising jurisdiction over the voter's
residence not later than ninety (90) days before the
start of the voting period.
"The RERB shall resolve the application within one
(1) month from receipt thereof, otherwise the
application shall be deemed approved."
Section 20. Section 13 of the same Act is hereby
renumbered as Section 20 and is amended to read as
follows:
"SEC. 20. Preparation and Posting of Certified
List of Overseas Voters. - The Commission shall
prepare the Certified List of Overseas Voters or
CLOV not later than ninety (90) days before the
start of the overseas voting period, and furnish
within the same period electronic and hard copies
thereof to the appropriate posts, which shall post
the same in their bulletin boards and/or websites
within ten (10) days from receipt thereof.
"Subject to reasonable regulation and the payment
of fees in such amounts as may be fixed by the
Commission, the candidates, political parties,
accredited citizens' arms, and all other interested
persons shall be furnished copies
thereof: Provided, That nongovernmental
organizations and other civil society organizations
accredited by and working with the Commission as
partners on overseas voters' education and
participation shall be exempt from the payment of
fees."
UNIVERSITY OF SANTO TOMAS
APEL - GARGANTIEL PROVIS [FINALS]
Section 21. Section 14 of the same Act is hereby
renumbered as Section 21 and is amended to read as
follows:
"SEC. 21. Printing and Transmittal of Ballots,
Voting Instructions, Election Forms and
Paraphernalia. -
"21.1. The Commission shall cause the printing of
ballots for overseas voters, and all other
accountable election forms in such number as may
be necessary, but in no case shall these exceed the
total number of approved applications. Security
markings shall be used in the printing of ballots for
overseas voters.
"21.2. The Commission shall present to the
authorized representatives of the DFA and of the
accredited major political parties the ballots for
overseas voters, voting instructions, election forms
and other election paraphernalia for scrutiny and
inspection prior to their transmittal to the posts.
"21.3. The Commission shall transmit, as far as
practicable, but not later than forty-five (45) days
before the day of elections, by special pouch to all
posts the exact number of ballots for overseas
voters corresponding to the number of approved
applications, along with such accountable forms
necessary to ensure the secrecy and integrity of the
election.
"21.4. The authorized representatives of
accredited major political parties shall have the
right to be present in all phases of printing,
transmittal, and casting of mailed ballots abroad.
Unclaimed ballots properly marked as such, shall
be cancelled and shipped to the Commission by the
least costly method."
Section 22. Section 15 of the same Act is hereby
renumbered as Section 22 and is amended to read as
follows:
"SEC. 22. Regulation on Campaigning Abroad. -
Personal campaigning, the use of campaign
materials, as well as the limits on campaign
spending shall be governed by the laws and
regulations applicable in the
Philippines: Provided, That all forms of
campaigning abroad within the thirty (30)-day
overseas voting period shall be prohibited."
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Section 23. A new Section 23 of the same Act is hereby
inserted to read as follows:
"SEC. 23. Voting. - Voting may be done either
personally, by mail or by any other means as may
be determined by the Commission. For this
purpose, the Commission shall issue the necessary
guidelines on the manner and procedures of voting.
"The OFOV, in consultation with the DFA-OVS, shall
determine the countries where voting shall be done
by any specific mode, taking into consideration the
minimum criteria enumerated under this Act
which shall include the number of registered
voters, accessibility of the posts, efficiency of the
host country's applied system and such other
circumstances that may affect the conduct of
voting.
"The Commission shall announce the specific mode
of voting per country/post at least one hundred
twenty (120) days before the start of the voting
period."
Section 24. Section 16 of the same Act is hereby
renumbered as Section 24 and is amended to read as
follows:
"SEC. 24. Casting and Submission of Ballots. -
"24.1. Upon receipt by the SBEI of the ballots for
overseas voters, voting instructions, election forms
and other paraphernalia, they shall make these
available on the premises to the qualified overseas
voters in their respective jurisdictions during the
thirty (30) days before the day of elections when
overseas voters may cast their vote. Immediately
upon receiving it, the overseas voter must fill-out
her/his ballot personally, in secret, without leaving
the premises of the posts concerned.
"24.2. The overseas voter shall personally
accomplish her/his ballot at the post that has
jurisdiction over the country where she/he
temporarily resides or at any polling place
designated and accredited by the Commission.
"24.3. The overseas voter shall cast her/his ballot,
upon presentation of the voter identification card
issued by the Commission or such other documents
deemed by the SBEI at the post as sufficient to
establish the voter's identity.
UNIVERSITY OF SANTO TOMAS
APEL - GARGANTIEL PROVIS [FINALS]
[NOTE: From my understanding, the use of “x x
x” means that that specific provision is applied,
but I’m placing “[retained]” for all instances, just
in case I misunderstood. It should also be noted
that the law expressly deletes specific
provisions.]
"24.4. All accomplished ballots received shall be
placed unopened inside sealed containers and kept
in a secure place designated by the Commission.
[retained]
"24.5. The posts concerned shall keep a complete
record of the ballots for overseas voters,
specifically indicating the number of ballots they
actually received, and in cases where voting by mail
is allowed under Section 25 hereof, the names and
addresses of the voters to whom these ballots were
sent, including proof of receipt thereof. In addition,
the posts shall submit a formal report to the
Commission and the Joint Congressional Oversight
Committee created under this Act within thirty
(30) days from the day of elections. Such report
shall contain data on the number of ballots cast and
received by the offices, the number of invalid and
unclaimed ballots and other pertinent data.
"24.6. Ballots not claimed by the overseas voters at
the posts, in case of personal voting, and ballots
returned to the posts concerned, in the case of
voting by mail, shall be cancelled and shipped to the
Commission by the least costly method within six
(6) months from the day of elections.
"24.7. Only ballots cast, and mailed ballots received
by the posts concerned in accordance with Section
25 hereof before the close of voting on the day of
elections shall be counted in accordance with
Section 27 hereof. All envelopes containing the
ballots received by the posts after the prescribed
period shall not be opened, and shall be cancelled
and shipped to the Commission by the least costly
method within six (6) months from the day of
elections.
"24.8. A special ballot Reception and Custody
Group composed of three (3) members shall be
constituted by the Commission from among the
staff of the posts concerned, including their
attached agencies, and citizens of the Philippines
abroad, who will be deputized to receive ballots
and take custody of the same preparatory to their
transmittal to the SBEI.
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"24.9. A Special Ballot Reception and Custody
Group composed of three (3) members shall be
constituted by the Commission from among the
staff of the embassies, consulates and other foreign
service establishments concerned, including their
attached agencies, and citizens of the Philippines
abroad, who will be deputized to receive ballots
and take custody of the same preparatory to their
transmittal to the Special Boards of Election
Inspectors. [retained]
"24.10. During this phase of the election process,
the authorized representatives of the political
parties, candidates, and accredited citizens’ arms of
the Commission shall be notified in writing thereof
and shall have the right to witness the proceedings.
[retained]
Section 25. Section 17 of the same Act is hereby
renumbered as Section 25 and is amended to read as
follows:
"SEC. 25. Voting by Mail. -
"25.1. For the May, 2004 elections, the Commission
shall authorize voting by mail in not more than
three (3) countries, subject to the approval of the
Congressional Oversight Committee. Voting by mail
may be allowed in countries that satisfy the
following conditions: [retained]
"(a) Where the mailing system is fairly well-
developed and secure to prevent the occasion of
fraud; [retained]
"(b) Where there exists a technically established
identification system that would preclude multiple
or proxy voting; and,; and [retained]
"(c) Where there exists a technically established
identification system that would preclude multiple
or proxy voting; and,. [retained]
"25.2. The overseas voter shall send her/his
accomplished ballot to the corresponding post that
has jurisdiction over the country where she/he
temporarily resides. She/He shall be entitled to
cast her/his ballot at any time upon her/his receipt
thereof: Provided, That the same is received before
the close of voting on the day of elections. The
overseas absentee voter shall be instructed that
her/his ballot shall not be counted if not
UNIVERSITY OF SANTO TOMAS
APEL - GARGANTIEL PROVIS [FINALS]
transmitted in the special envelope furnished
her/him.
"25.3. Only mailed ballots received by the post
before the close of voting on the day of elections
shall be counted in accordance with Section 27
hereof. All envelopes containing the ballots
received by the posts after the prescribed period
shall not be opened, and shall be cancelled and
disposed of appropriately, with a corresponding
report thereon submitted to the Commission not
later than thirty (30) days from the day of
elections."
Section 26. A new Section 26 of the same Act is hereby
inserted to read as follows:
"SEC. 26. Voting Privilege of Members of the SBEI,
SBRCG and SBOC. - Government employees posted
abroad who will perform election duties as
members of the SBEI, SBCRG and SBOC shall be
allowed to vote in their respective
posts: Provided, That they are registered either in
the Philippines or as overseas voters."
Section 27. Section 18 of the same Act is hereby
renumbered as Section 27 and is amended to read as
follows:
"SEC. 27. On-Site Counting and Canvassing. -
"27.1. The counting and canvassing of votes shall
be conducted on site in the country where the votes
were actually cast. The opening of the specially-
marked envelopes containing the ballots and the
counting and canvassing of votes shall be
conducted within the premises of the embassies,
consulates and other foreign service
establishments or in such other places as may be
designated by the Commission pursuant to the
Implementing Rules and Regulations. The
Commission shall ensure that the start of counting
in all polling places abroad shall be synchronized
with the start of counting in the Philippines.
[retained]
"27.2. For these purposes, the Commission shall
constitute as many SBEIs as may be necessary to
conduct and supervise the counting of votes as
provided in Section 27.2 hereof. The SBEIs to be
constituted herein shall be composed of a
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Chairman and two (2) members, one (1) of whom
shall be designated as poll clerk. The ambassador
or consul-general, or any career public officer
posted abroad designated by the Commission, as
the case may be, shall act as the Chairman; in the
absence of other government officers, the two (2)
other members shall be citizens of the Philippines
who are qualified to vote under this Act and
deputized by the Commission not later than sixty
(60) days before the day of elections. All
resolutions of the SBEIs on issues brought before it
during the conduct of its proceedings shall be valid
only when they carry the approval of the Chairman.
"Immediately upon the completion of the counting,
the SBEIs shall transmit via facsimile and/or
electronic mail the results to the Commission in
Manila and the accredited major political parties.
"x x x
"27.3. Only ballots cast on, or received by the
embassies, consulates and other foreign service
establishments before the close of voting on the
day of elections shall be included in the counting of
votes. Those received afterwards shall not be
counted. [retained]
"27.4. The SBOC composed of the highest ranking
officer of the post as Chairperson, a senior career
officer from any of the government agencies
maintaining a post abroad and, in the absence of
another government officer, a citizen of the
Philippines qualified to vote under this Act and
deputized by the Commission, as vice chairperson
and member-secretary, respectively, shall be
constituted to canvass the election returns
submitted to it by the SBEIs. Immediately upon the
completion of the canvass, the chairperson of the
SBOC shall transmit via facsimile, electronic mail,
or any other means of transmission equally safe
and reliable the Certificates of Canvass and the
Statements of Votes to the Commission, and shall
cause to preserve the same immediately after the
conclusion of the canvass, and make it available
upon instructions of the Commission. The SBOC
shall also furnish the accredited major political
parties and accredited citizens' arms with copies
thereof via facsimile, electronic mail and any other
means of transmission equally safe, secure and
reliable.
"The Certificates of Canvass and the accompanying
Statements of Votes as transmitted via facsimile,
UNIVERSITY OF SANTO TOMAS
APEL - GARGANTIEL PROVIS [FINALS]
electronic mail and any other means of
transmission equally safe, secure and reliable shall
be the primary basis for the national canvass.
[retained]
"27.5. The canvass of votes shall not cause the
delay of the proclamation of a winning candidate if
the outcome of the election will not be affected by
the results thereof. Notwithstanding the foregoing,
the Commission is empowered to order the
proclamation of winning candidates despite the
fact that the scheduled election has not taken place
in a particular country or countries, if the holding
of elections therein has been rendered impossible
by events, factors and circumstances peculiar to
such country or countries, and which events,
factors and circumstances are beyond the control
or influence of the Commission. [retained]
"27.6. In the preparation of the final tally of votes
on the results of the national elections, the
Commission shall ensure that the votes canvassed
by each and every country shall be reflected as a
separate item from the tally of national votes.
[retained] For purposes of this Act, the returns of
every election for President and Vice-President
prepared by the SBOCs shall be deemed a
certificate of canvass of a city or a province.
"27.7. Where feasible, the counting and canvassing
of votes shall be automated. Towards this end, the
Commission is hereby authorized to borrow, rent,
lease or acquire automated voting machines for
purposes of canvassing and counting of votes
pursuant to the provisions of this Act, and in
accordance with the Implementing Rules and
Regulations promulgated by the Commission."
[retained]
Section 28. A new Section 28 of the same Act is hereby
inserted to read as follows:
"SEC. 28. Authority to Explore Other Modes or
Systems Using Automated Election System. -
Notwithstanding current procedures and systems
herein provided, for the proper implementation of
this Act and in view of the peculiarities attendant to
the overseas voting process, the Commission may
explore other more efficient, reliable and secure
modes or systems, ensuring the secrecy and
sanctity of the entire process, whether paper-
based, electronic-based or internet-based
technology or such other latest technology
available, for onsite and remote registration and
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elections and submit reports and/or
recommendations to the Joint Congressional
Oversight Committee."
Section 29. A new Section 29 of the same Act is hereby
inserted to read as follows:
"SEC. 29. Procurement of Facilities, Equipment,
Materials, Supplies or Services. - To achieve the
purpose of this Act, the Commission may, likewise,
procure from local or foreign sources, through
purchase, lease, rent or other forms of acquisition,
hardware or software, facilities, equipment,
materials, supplies or services in accordance with
existing laws, free from taxes and import duties,
subject to government procurement rules and
regulations."
Section 30. A new Section 30 of the same Act is hereby
inserted to read as follows:
"SEC. 30. Establishment of an Office for Overseas
Voting (OFOV) Under the Commission. - The
Commission is hereby authorized to establish an
OFOV tasked specifically to oversee and supervise
the effective implementation of the Overseas
Voting Act: Provided, That its secretariat shall come
from the existing secretariat personnel of the
Commission on Elections."
Section 31. A new Section 31 of the same Act is hereby
inserted to read as follows:
"SEC. 31. Creation of the Department of Foreign
Affairs Overseas Voting Secretariat (DFA-OVS). -
A secretariat based in the DFA home office is
hereby created to assist the OFOV, and to direct,
coordinate and oversee the participation of the
DFA in the implementation of the Overseas Voting
Act: Provided, That its secretariat shall come from
the existing secretariat personnel of the DFA."
Section 32. Section 19 of the same Act is hereby deleted.
Section 33. Section 20 of the same Act is hereby
renumbered as Section 32 and is amended to read as
follows:
"SEC. 32. Information Campaign. - The
Commission, in coordination with agencies
concerned, shall undertake an information
campaign to educate the public on the manner of
overseas voting for qualified overseas voters. It
UNIVERSITY OF SANTO TOMAS
APEL - GARGANTIEL PROVIS [FINALS]
may require the support and assistance of the DFA,
through the posts, the DOLE, the Department of
Transportation and Communications (DOTC), the
Philippine Postal Corporation (PPC), the POEA, the
OWWA and the Commission on Filipinos Overseas.
Such information campaign shall educate the
Filipino public, within and outside the Philippines,
on the Philippine Electoral System, the rights of
overseas voters, overseas voting processes and
other related concerns. Information materials shall
be developed by the Commission for distribution,
through the said government agencies and private
organizations. No government agency shall
prepare, print, distribute or post any information
material without the prior approval of the
Commission."
Section 34. Section 21 of the same Act is hereby
renumbered as Section 33.
Section 35. Section 22 of the same Act is hereby
renumbered as Section 34 and is amended to read as
follows:
"SEC. 34. Assistance from Government
Agencies. - All government officers, particularly
from the DFA, the DOLE, the DOTC, the PPC, the
POEA, the OWWA, the Commission on Filipinos
Overseas and other government offices concerned
with the welfare of the Filipinos overseas shall, to
the extent compatible with their primary
responsibilities, assist the Commission in carrying
out the provisions of this Act. All such agencies or
officers thereof shall take reasonable measures to
expedite all election activities, which the
Commission shall require of them. When
necessary, the Commission may send supervisory
teams headed by career officers to assist the posts.
"Likewise, consular and diplomatic services
rendered in connection with the overseas voting
processes shall be made available at no cost to the
overseas voters."
Section 36. Section 23 of the same Act is hereby
renumbered as Section 35 and is amended to read as
follows:
"SEC. 35. Security Measures to Safeguard the
Secrecy and Sanctity of Ballots. - At all stages of
the electoral process, the Commission shall ensure
that the secrecy and integrity of the ballots are
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preserved. The OFOV of the Commission shall be
responsible for ensuring the secrecy and sanctity of
the overseas voting process. In the interest of
transparency, all necessary and practicable
measures shall be adopted to allow representation
of the candidates, accredited major political
parties, accredited citizens' arms and
nongovernment organizations to assist, and
intervene in appropriate cases, in all stages of the
electoral exercise and to prevent any and all forms
of fraud and coercion.
"No officer or member of the foreign service corps,
including those belonging to attached agencies
shall be transferred, promoted, extended, recalled
or otherwise moved from his current post or
position one (1) year before and three (3) months
after the day of elections, except upon the approval
of the Commission."
Section 37. Section 24 of the same Act is hereby
renumbered as Section 36 and is amended to read as
follows:
"SEC. 36. Prohibited Acts. - In addition to the
prohibited acts provided by law, it shall be
unlawful:
"36.1. For any officer or employee of the
Philippine government to influence or
attempt to influence any person covered
by this Act to vote, or not to vote, for a
particular candidate. Nothing in this Act
shall be deemed to prohibit free discussion
regarding politics or candidates for public
office;
"36.2. For any person to deprive another
of any right secured in this Act, or to give
false information as to one's name,
address, or period of residence for the
purposes of establishing the eligibility or
ineligibility to register or vote under this
Act; or to conspire with another person for
the purpose of encouraging the giving of
false information in order to establish the
eligibility or ineligibility of any individual
to register or vote under this Act; or, to
pay, or offer to pay, or to accept payment
either for application for registration, or
for voting;
UNIVERSITY OF SANTO TOMAS
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"36.3. For any person to steal, conceal,
alter, destroy, mutilate, manipulate, or in
any way tamper with the mail containing
the ballots for overseas voters, the ballot,
the election returns, or any record,
document or paper required for purposes
of this Act;
"36.4. For any deputized agent to refuse
without justifiable ground, to serve or
continue serving, or to comply with one's
sworn duties after acceptance of the
deputization;
"36.5. For any public officer or employee
or accredited or deputized organization or
association to cause the preparation,
printing, distribution or posting of
information or material, without the prior
approval of the Commission;
"36.6. For any public officer or employee
to cause the transfer, promotion,
extension, recall of any member of the
foreign service corps, including members
of the attached agencies, or otherwise
cause the movement of any such member
from the current post or position one (1)
year before and three (3) months after the
day of elections, without securing the prior
approval of the Commission;
"36.7. For any person who, after being
deputized by the Commission to
undertake activities in connection with the
implementation of this Act, shall campaign
for or assist, in whatever manner,
candidates in the elections;
"36.8. For any person to engage in
partisan political activity abroad during
the thirty (30)-day overseas voting period;
"36.9. For any person who is not a citizen
of the Philippines to participate, by word
or deed, directly or indirectly through
qualified organizations/associations, in
any manner and at any stage of the
Philippine political process abroad,
including participation in the campaign
and elections.
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"The provision of existing laws to the
contrary notwithstanding, and with due
regard to the Principle of Double
Criminality, the prohibited acts described
in this section are electoral offenses and
shall be punishable in the Philippines.
"The penalties imposed under Section 264
of the Omnibus Election Code, as amended,
shall be imposed on any person found
guilty of committing any of the prohibited
acts as defined in this
section: Provided, That the penalty
of prision mayor in its minimum period
shall be imposed upon any person found
guilty under Section 36.3 hereof without
the benefit of the operation of the
Indeterminate Sentence Law. If the
offender is a public officer or a candidate,
the penalty shall be prision mayor in its
maximum period. In addition, the offender
shall be sentenced to suffer perpetual
disqualification to hold public office and
deprivation of the right to vote."
Section 38. Section 25 of the same Act is hereby
renumbered as Section 37 and is amended to read as
follows:
"SEC. 37. Joint Congressional Oversight
Committee. - A Joint Congressional Oversight
Committee is hereby created, composed of the
Chairperson of the Senate Committee on
Constitutional Amendments, Revision of Codes and
Laws, and seven (7) other Senators designated by
the Senate President, and the Chairperson of the
House Committee on Suffrage and Electoral
Reforms, and seven (7) other Members of the
House of Representatives designated by the
Speaker of the House of
Representatives: Provided, That, of the seven (7)
members to be designated by each House of
Congress, four (4) should come from the majority
to include the chair of the Committee on Foreign
Affairs and the remaining three (3) from the
minority.
"The Joint Congressional Oversight Committee
shall have the power to monitor and evaluate the
implementation of this Act."
UNIVERSITY OF SANTO TOMAS
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Section 39. Sections 26, 27 and 28 of the same Act are
hereby renumbered as Sections 38, 39 and 40, respectively.
Section 40. Section 29 of the same Act is hereby
renumbered as Section 41 and is amended to read as
follows:
"SEC. 41. Appropriations. - The amount necessary
to carry out the provisions of this Act shall be
included in the budgets of the Commission on
Elections and the DFA in the annual General
Appropriations Act."
Section 41. Implementing Rules and Regulations. - The
Commission shall promulgate rules and regulations for the
implementation and enforcement of the provisions of this
Act within sixty (60) days from the effectivity thereof.
In the formulation of the rules and regulations, the
Commission shall coordinate with the DFA, the DOLE, the
POEA, the OWWA and the Commission on Filipinos
Overseas. Nongovernment organizations and accredited
Filipino organizations or associations abroad shall be
consulted.
Section 42. Amending Clause. - Consistent with the
amendments introduced by this Act, Section 2 of Republic
Act No. 9189, on the declaration of policy, is, hereby
amended to read as follows:
"SEC. 2. Declaration of Policy. - It is the prime duty
of the State to provide a system of honest and
orderly overseas voting that upholds the secrecy
and sanctity of the ballot. Towards this end, the
State ensures equal opportunity to all qualified
citizens of the Philippines abroad in the exercise of
this fundamental right."
Section 43. Separability Clause. - If any part or provision
of this Act shall be declared unconstitutional or invalid, the
other provisions hereof which are not affected thereby shall
continue to be in full force and effect.
Section 44. Repealing Clause. - All laws, presidential
decrees, executive orders, rules and regulations, other
issuances and parts thereof which are inconsistent with the
provisions of this Act are hereby repealed or modified
accordingly.
Section 45. Effectivity Clause. - This Act shall take effect
fifteen (15) days after its publication in the Official
Gazette or in at least two (2) newspapers of general
circulation.
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6. Election
OMNIBUS ELECTION CODE
BP 881
Section 211. Rules for the appreciation of ballots. - In the
reading and appreciation of ballots, every ballot shall be
presumed to be valid unless there is clear and good reason
to justify its rejection. The board of election inspectors shall
observe the following rules, bearing in mind that the object
of the election is to obtain the expression of the voter's will:
1. Where only the first name of a candidate or only his
surname is written, the vote for such candidate is valid, if
there is no other candidate with the same first name or
surname for the same office.
2. Where only the first name of a candidate is written on the
ballot, which when read, has a sound similar to the surname
of another candidate, the vote shall be counted in favor of
the candidate with such surname. If there are two or more
candidates with the same full name, first name or surname
and one of them is the incumbent, and on the ballot is
written only such full name, first name or surname, the vote
shall be counted in favor of the incumbent.
3. In case the candidate is a woman who uses her maiden or
married surname or both and there is another candidate
with the same surname, a ballot bearing only such surname
shall be counted in favor of the candidate who is an
incumbent.
4. When two or more words are written on the same line on
the ballot, all of which are the surnames of two or more
candidates, the same shall not be counted for any of them,
unless one is a surname of an incumbent who has served for
at least one year in which case it shall be counted in favor of
the latter.
When two or more words are written on different lines on
the ballot all of which are the surnames of two or more
candidates bearing the same surname for an office for which
the law authorizes the election of more than one and there
are the same number of such surnames written as there are
candidates with that surname, the vote shall be counted in
favor of all the candidates bearing the surname.
5. When on the ballot is written a single word which is the
first name of a candidate and which is at the same time the
surname of his opponent, the vote shall be counted in favor
of the latter.
6. When two words are written on the ballot, one of which
is the first name of the candidate and the other is the
surname of his opponent, the vote shall not be counted for
either.
UNIVERSITY OF SANTO TOMAS
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7. A name or surname incorrectly written which, when read,
has a sound similar to the name or surname of a candidate
when correctly written shall be counted in his favor;
8. When a name of a candidate appears in a space of the
ballot for an office for which he is a candidate and in another
space for which he is not a candidate, it shall be counted in
his favor for the office for which he is a candidate and the
vote for the office for which he is not a candidate shall be
considered as stray, except when it is used as a means to
identify the voter, in which case, the whole ballot shall be
void.
If the word or words written on the appropriate blank on
the ballot is the identical name or surname or full name, as
the case may be, of two or more candidates for the same
office none of whom is an incumbent, the vote shall be
counted in favor of that candidate to whose ticket belong all
the other candidates voted for in the same ballot for the
same constituency.
9. When in a space in the ballot there appears a name of a
candidate that is erased and another clearly written, the
vote is valid for the latter.
10. The erroneous initial of the first name which
accompanies the correct surname of a candidate, the
erroneous initial of the surname accompanying the correct
first name of a candidate, or the erroneous middle initial of
the candidate shall not annul the vote in favor of the latter.
11. The fact that there exists another person who is not a
candidate with the first name or surname of a candidate
shall not prevent the adjudication of the vote of the latter.
12. Ballots which contain prefixes such as "Sr.", "Mr.",
"Datu", "Don", "Ginoo", "Hon.", "Gob." or suffixes like "Hijo",
"Jr.", "Segundo", are valid.
13. The use of the nicknames and appellations of affection
and friendship, if accompanied by the first name or surname
of the candidate, does not annul such vote, except when they
were used as a means to identify the voter, in which case the
whole ballot is invalid: Provided, That if the nickname used
is unaccompanied by the name or surname of a candidate
and it is the one by which he is generally or popularly
known in the locality, the name shall be counted in favor of
said candidate, if there is no other candidate for the same
office with the same nickname.
14. Any vote containing initials only or which is illegible or
which does not sufficiently identify the candidate for whom
it is intended shall be considered as a stray vote but shall
not invalidate the whole ballot.
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15. If on the ballot is correctly written the first name of a
candidate but with a different surname, or the surname of
the candidate is correctly written but with different first
name, the vote shall not be counted in favor of any candidate
having such first name and/or surname but the ballot shall
be considered valid for other candidates.
16. Any ballot written with crayon, lead pencil, or in ink,
wholly or in part, shall be valid.
17. Where there are two or more candidates voted for in an
office for which the law authorizes the election of only one,
the vote shall not be counted in favor of any of them, but this
shall not affect the validity of the other votes therein.
18. If the candidates voted for exceed the number of those
to be elected, the ballot is valid, but the votes shall be
counted only in favor of the candidates whose names were
firstly written by the voter within the spaces provided for
said office in the ballot until the authorized number is
covered.
19. Any vote in favor of a person who has not filed a
certificate of candidacy or in favor of a candidate for an
office for which he did not present himself shall be
considered as a stray vote but it shall not invalidate the
whole ballot.
20. Ballots containing the name of a candidate printed and
pasted on a blank space of the ballot or affixed thereto
through any mechanical process are totally null and void.
21. Circles, crosses or lines put on the spaces on which the
voter has not voted shall be considered as signs to indicate
his desistance from voting and shall not invalidate the
ballot.
22. Unless it should clearly appear that they have been
deliberately put by the voter to serve as identification
marks, commas, dots, lines, or hyphens between the first
name and surname of a candidate, or in other parts of the
ballot, traces of the letter "T", "J", and other similar ones, the
first letters or syllables of names which the voter does not
continue, the use of two or more kinds of writing and
unintentional or accidental flourishes, strokes, or strains,
shall not invalidate the ballot.
23. Any ballot which clearly appears to have been filled by
two distinct persons before it was deposited in the ballot
box during the voting is totally null and void.
24. Any vote cast in favor of a candidate who has been
disqualified by final judgment shall be considered as stray
and shall not be counted but it shall not invalidate the ballot.
UNIVERSITY OF SANTO TOMAS
APEL - GARGANTIEL PROVIS [FINALS]
25. Ballots wholly written in Arabic in localities where it is
of general use are valid. To read them, the board of election
inspectors may employ an interpreter who shall take an
oath that he shall read the votes correctly.
26. The accidental tearing or perforation of a ballot does not
annul it.
27. Failure to remove the detachable coupon from a ballot
does not annul such ballot.
28. A vote for the President shall also be a vote for the Vice-
President running under the same ticket of a political party,
unless the voter votes for a Vice-President who does not
belong to such party.
a. Automated Elections
ACT AMENDING RA 8436
RA 9369
SECTION 6. Section 6 of Republic Act No. 8436 is hereby
amended to read as follows:
"SECTION 5. Authority to Use an Automated Election
System. - To carry out the above-stated policy, the
Commission on Elections, herein referred to as the
Commission, is hereby authorized to use an automated
election system or systems in the same election in different
provinces, whether paper-based or a direct recording
electronic election system as it may deem appropriate and
practical for the process of voting, counting of votes and
canvassing/consolidation and transmittal of results of
electoral exercises: Provided, That for the regular national
and local elections, which shall be held immediately after
effectivity of this Act, the AES shall be used in at least two
highly urbanized cities and two provinces each in Luzon,
Visayas and Mindanao, to be chosen by the Commission:
Provided, further, That local government units whose
officials have been the subject of administrative charges
within sixteen (16) months prior to the May 14, 2007
elections shall not be chosen: Provided finally, That no area
shall be chosen without the consent of the Sanggunian of the
local government unit concerned. The term local
government unit as used in this provision shall refer to a
highly urbanized city or province. In succeeding regular
national or local elections, the AES shall be implemented
nationwide."
SECTION 7. Section 7 of Republic Act No. 8436 is hereby
amended to read as follows:
"SECTION 6. Minimum System Capabilities. - "The
automated election system must at least have the following
functional capabilities
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(a) Adequate security against unauthorized access;
(b) Accuracy in recording and reading of votes as well as in
the tabulation, consolidation/canvassing, electronic
transmission, and storage of results;
(c) Error recovery in case of non-catastrophic failure of
device;
(d) System integrity which ensures physical stability and
functioning of the vote recording and counting process;
(e) Provision for voter verified paper audit trail;
(f) System auditability which provides supporting
documentation for verifying the correctness of reported
election results;
(g) An election management system for preparing ballots
and programs for use in the casting and counting of votes
and to consolidate, report and display election results in the
shortest time possible;
(h) Accessibility to illiterates and disabled voters;
(i) Vote tabulating program for election, referendum or
plebiscite;
(j) Accurate ballot counters;
(k) Data retention provision;
(l) Provide for the safekeeping, storing and archiving of
physical or paper resource used in the election process;
(m) Utilize or generate official ballots as herein defined;
(n) Provide the voter a system of verification to find out
whether or not the machine has registered his choice; and
(o) Configure access control for sensitive system data and
functions.
"In the procurement of this system, the Commission shall
develop and adopt an evaluation system to ascertain that
the above minimum system capabilities are met. This
evaluation system shall be developed with the assistance of
an advisory council."
SECTION 8. A new Section 7 is hereby provided to read as
follows:
"SECTION 7. Communication Channels for Electronic
Transmissions. - All electronic transmissions by and
UNIVERSITY OF SANTO TOMAS
APEL - GARGANTIEL PROVIS [FINALS]
among the AES and its related components shall utilize
secure communication channels as recommended by the
Advisory Council, to ensure authentication and integrity of
transmissions."
SECTION 9. New Sections 8, 9, 10 and 11 are hereby
provided to read as follows:
"SECTION 8. The Advisory Council. - The Commission
shall create an Advisory Council, hereafter referred to as the
Council, which shall be convened not later than eighteen
(18) months prior to the next scheduled electoral exercise,
and deactivated six months after completion of canvassing:
Provided, for purposes of the 2007 elections, the Advisory
Council shall be immediately convened within ten (10) days
after the effectivity of this Act.
"The Council shall be composed of the following members,
who must be registered Filipino voters, of known
independence, competence and probity;
"(a) The Chairman of the Commission on Information and
Communications Technology (CICT) who shall act as the
chairman of the Council;
"(b) One member from the Department of Science and
Technology;
"(c) One member from the Department of Education;
"(d) One member representing the academe, to be selected
by the chair of the Advisory Council from among the list of
nominees submitted by the country's academic institutions;
"(e) Three members representing ICT professional
organizations to be selected by the chair of the Advisory
Council from among the list of nominees submitted by
Philippine-based ICT professional organizations. Nominees
shall be individuals, at least one of whom shall be
experienced in managing or implementing large-scale IT
projects.
"(f) Two members representing non-governmental
electoral reform organizations, to be selected by the chair of
the Advisory Council from among the list of nominees
submitted by the country's non-governmental electoral
reform organizations.
"A person who is affiliated with any political party or
candidate for any national position, or is related to a
candidate for any national position by affinity or
consanguinity within the fourth civil degree, shall not be
eligible for appointment or designation to the Advisory
Council. Should any such situation arise at any time during
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the incumbency of a member, the designation or
appointment of that member shall ipso facto be terminated.
"Any member of the Advisory Council is prohibited from
engaging, directly or indirectly, with any entity that
advocates, markets, imports, produces or in any manner
handles software, hardware or any equipment that may be
used for election purposes for personal gain.
"Any violation of the two immediately preceding
paragraphs shall disqualify said member from the Advisory
Council and shall be punishable as provided in this Act and
shall be penalized in accordance with the Anti-Graft and
Corrupt Practices Act and other related laws.
"The council may avail itself of the expertise and services of
resource persons who are of known independence,
competence and probity, are nonpartisan, and do not
possess any of the disqualifications applicable to a member
of the Advisory Council as provided herein. The resource
persons shall also be subject to the same prohibitions and
penalties as the members of the Advisory Council.
"The Commission on Information and Communications
Technology (CICT) shall include in its annual appropriation
the funds necessary to enable the Council to effectively
perform its functions."
"SECTION 9. Functions of the Advisory Council. - The
Council shall have the following functions:
Recommend the most appropriate, secure, applicable and
cost-effective technology to be applied in the AES, in whole
or in part, at that specific point in time.
Participate as nonvoting members of the Bids and Awards
Committee in the conduct of the bidding process for the
AES. Members of the Advisory Council representing the ICT
professional organizations are hereby excluded from
participating in any manner in the Bids and Awards
Committee.
Participate as nonvoting members of the steering
committee tasked with the implementation of the AES.
Members of the Advisory Council representing the ICT
professional organizations are hereby excluded from
participating in any manner in the steering committee.
Provide advice and assistance in the review of the systems
planning, inception, development, testing,
operationalization, and evaluation stages.
Provide advice and/or assistance in the identification,
assessment and resolution of systems problems or
inadequacies as may surface or resurface in the course of
UNIVERSITY OF SANTO TOMAS
APEL - GARGANTIEL PROVIS [FINALS]
the bidding, acquisition, testing, operationalization, re-use,
storage or disposition of the AES equipment and/or
resources as the case may be.
Provide advice and/or assistance in the risk management of
the AES especially when a contingency or disaster situation
arises.
Prepare and submit a written report, which shall be
submitted within six months from the date of the election to
the oversight committee, evaluating the use of the AES.
Nothing in the role of the Council or any outside
intervention or influence shall be construed as an
abdication or diminution of the Commission's authority and
responsibility for the effective development, management
and implementation of the AES and this Act."
The Advisory Council shall be entitled to a just and
reasonable amount of per diem allowances and/or
honoraria to cover the expenses of the services rendered
chargeable against the budget of the Commission."
"SECTION 10. The Technical Evaluation Committee. -
The Commission, in collaboration with the chairman of the
Advisory Council, shall establish an independent technical
evaluation committee, herein known as the Committee,
composed of a representative each from the Commission,
the Commission on Information and Communications
Technology and the Department of Science and Technology
who shall act as Chairman of the Committee.
"The Committee shall be immediately convened within ten
(10) days after the effectivity of this Act."
"SECTION 11. Functions of the Technical Evaluation
Committee. - The Committee shall certify, through an
established international certification entity to be chosen
by the Commission from the recommendations of the
Advisory Council, not later than three months before the
date of the electoral exercise, categorically stating that the
AES, including its hardware and software components, is
operating properly, securely, and accurately, in accordance
with the provisions of this Act based, among others, on the
following documented results:
The successful conduct of a field testing process followed by
a mock election event in one or more cities/municipalities;
The successful completion of audit on the accuracy,
functionality and security controls of the AES software;
The successful completion of a source code review;
A certification that the source code is kept in escrow with
the Bangko Sentral ng Pilipinas;
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A certification that the source code reviewed is one and the
same as that used by the equipment; and
The development, provisioning, and operationalization of a
continuity plan to cover risks to the AES at all points in the
process such that a failure of elections, whether at voting,
counting or consolidation, may be avoided.
For purposes of the 2007 elections, the certification shall be
done not later than eight weeks prior to the date of the
elections.
"If the Commission decides to proceed with the use of the
AES without the Committee's certification, it must submit
its reason in writing, to the Oversight Committee, no less
than thirty (30) days prior to the electoral exercise where
the AES will be used.
"The Committee may avail itself of the expertise and
services of resource persons who are of known
independence, competence and probity, are non partisan,
and who do not possess any of the disqualifications
applicable to a member of the Advisory Council as provided
herein. The resource persons shall also be subject to the
same prohibitions and penalties as the members of the
Advisory Council.
"The Committee shall closely coordinate with the steering
committee of the Commission tasked with the
implementation of the AES in the identification and
agreement of the project deliverables and timelines, and in
the formulation of the acceptance criteria for each
deliverable."
SECTION 10. Section 8 of Republic Act No. 8436 is hereby
amended to read as follows:
"SECTION 12. Procurement of Equipment and Materials.
- To achieve the purpose of this Act, the Commission is
authorized to procure, in accordance with existing laws, by
purchase, lease, rent or other forms of acquisition, supplies,
equipment, materials, software, facilities and other services,
from local or foreign sources free from taxes and import
duties, subject to accounting and auditing rules and
regulations. With respect to the May 10, 2010 elections and
succeeding electoral exercises, the system procured must
have demonstrated capability and been successfully used in
a prior electoral exercise here or abroad. Participation in
the 2007 pilot exercise shall not be conclusive of the
system's fitness.
"In determining the amount of any bid from a technology,
software or equipment supplier, the cost to the government
of its deployment and implementation shall be added to the
bid price as integral thereto. The value of any alternative
UNIVERSITY OF SANTO TOMAS
APEL - GARGANTIEL PROVIS [FINALS]
use to which such technology, software or equipment can be
put for public use shall not be deducted from the original
face value of the said bid."
SECTION 11. Section 9 of Republic Act No. 8436 is hereby
amended to read as follows:
"SECTION 13. Continuity Plan. - The AES shall be so
designed to include a continuity plan in case of a systems
breakdown or any such eventuality which shall result in the
delay, obstruction or nonperformance of the electoral
process. Activation of such continuity and contingency
measures shall be undertaken in the presence of
representatives of political parties and citizens' arm of the
Commission who shall be notified by the election officer of
such activation.
"All political parties and party-lists shall be furnished copies
of said continuity plan at their official addresses as
submitted to the Commission. The list shall be published in
at least two newspapers of national of circulation and shall
be posted at the website of the Commission at least fifteen
(15) days prior to the electoral activity concerned."
SECTION 12. Section 10 of Republic Act No. 8436 is hereby
amended to read as follows:
"SECTION 14. Examination and Testing of Equipment or
Device of the AES and Opening of the Source Code for
Review. - The Commission shall allow the political parties
and candidates or their representatives, citizens' arm or
their representatives to examine and test.
"The equipment or device to be used in the voting and
counting on the day of the electoral exercise, before voting
starts. Test ballots and test forms shall be provided by the
Commission.
"Immediately after the examination and testing of the
equipment or device, the parties and candidates or their
representatives, citizens' arms or their representatives,
may submit a written comment to the election officer who
shall immediately transmit it to the Commission for
appropriate action.
"The election officer shall keep minutes of the testing, a
copy of which shall be submitted to the Commission
together with the minutes of voting."
"Once an AES technology is selected for implementation, the
Commission shall promptly make the source code of that
technology available and open to any interested political
party or groups which may conduct their own review
thereof."
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SECTION 13. Section 11 of Republic Act No. 8436 is hereby
amended to read as follows:
"SECTION 15. Official Ballot. - The Commission shall
prescribe the format of the electronic display and/or the
size and form of the official ballot, which shall contain the
titles of the position to be filled and/or the propositions to
be voted upon in an initiative, referendum or plebiscite.
Where practicable, electronic displays must be constructed
to present the names of all candidates for the same position
in the same page or screen, otherwise, the electronic
displays must be constructed to present the entire ballot to
the voter, in a series of sequential pages, and to ensure that
the voter sees all of the ballot options on all pages before
completing his or her vote and to allow the voter to review
and change all ballot choices prior to completing and casting
his or her ballot. Under each position to be filled, the names
of candidates shall be arranged alphabetically by surname
and uniformly indicated using the same type size. The
maiden or married name shall be listed in the official ballot,
as preferred by the female candidate. Under each
proposition to be voted upon, the choices should be
uniformly indicated using the same font and size.
"A fixed space where the chairman of the board of election
inspectors shall affix his/her signature to authenticate the
official ballot shall be provided.
"For this purpose, the Commission shall set the deadline for
the filing of certificate of candidacy/petition of
registration/manifestation to participate in the election.
Any person who files his certificate of candidacy within this
period shall only be considered as a candidate at the start of
the campaign period for which he filed his certificate of
candidacy: Provided, That, unlawful acts or omissions
applicable to a candidate shall take effect only upon the
start of the aforesaid campaign period: Provided, finally,
That any person holding a public appointive office or
position, including active members of the armed forces, and
officers and employees in government-owned or -
controlled corporations, shall be considered ipso facto
resigned from his/her office and must vacate the same at
the start of the day of the filing of his/her certificate of
candidacy.
"Political parties may hold political conventions to
nominate their official candidates within thirty (30) days
before the start of the period for filing a certificate of
candidacy.
"With respect to a paper-based election system, the official
ballots shall be printed by the National Printing Office
and/or the Bangko Sentral ng Pilipinas at the price
comparable with that of private printers under proper
security measures which the Commission shall adopt. The
UNIVERSITY OF SANTO TOMAS
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Commission may contract the services of private printers
upon certification by the National Printing Office/Bangko
Sentral ng Pilipinas that it cannot meet the printing
requirements. Accredited political parties and deputized
citizen's arms of the Commission shall assign watchers in
the printing, storage and distribution of official ballots.
"To prevent the use of fake ballots, the Commission through
the Committee shall ensure that the necessary safeguards,
such as, but not limited to, bar codes, holograms, color
shifting ink, microprinting, are provided on the ballot.
"The official ballots shall be printed and distributed to each
city/municipality at the rate of one ballot for every
registered voter with a provision of additional three ballots
per precinct."
b. Ballots & Election Returns
OMNIBUS ELECTION CODE
BP 881
ARTICLE XVI
OFFICIAL BALLOTS AND ELECTION RETURNS
Section 181. Official ballots. - Ballots for national and local
offices shall be of uniform size and color and shall be
provided at public expense. They shall be printed on paper
with watermarks or other marks that will readily
distinguish the ballot paper from ordinary paper. Each
ballot shall be in the shape of a strip with stub and
detachable coupon containing the serial number of the
ballot, and a space for the thumbmark of the voter on the
detachable coupon. It shall bear at the top on the middle
portion thereof the coat of arms of the Republic of the
Philippines, the words "Official Ballot", the name of the city
or the municipality and province in which the election is
held, the date of the election, and the following notice: "Fill
out this ballot secretly inside the voting booth. Do not put
any distinctive mark on any part of this ballot."
The ballot shall also contain the names of all the offices to
be voted for in the election, allowing opposite the name of
each office, sufficient space or spaces with horizontal lines
where the voter may write the name or names of the
individual candidates voted for by him.
There shall not be anything on the reverse side of the ballot.
Ballots in cities and municipalities where Arabic is of
general use shall have each of the titles of offices to be voted
printed in Arabic in addition to and immediately below the
English title.
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Notwithstanding the preceding provisions of this section,
the Commission is hereby empowered to prescribe a
different form of ballot to facilitate voting by illiterate
voters and to use or adopt the latest technological and
electronic devices as authorized under paragraph (i) of
Section 52 hereof.
Section 182. Emergency ballots. - No ballots other than the
official ballots shall be used or counted, except in the event
of failure to receive the official ballots on time, or where
there are no sufficient ballots for all registered voters or
where they are destroyed at such time as shall render it
impossible to provide other official ballots, in which cases
the city or municipal treasurer shall provide other ballots
which shall be as similar to the official ones as
circumstances will permit and which shall be uniform
within each polling place. The treasurer shall immediately
report such action to the Commission.
The municipal treasurer shall not undertake the
preparation of the emergency ballots unless the political
parties, candidates and the organizations collectively
authorized by the Commission to designate watchers have
been sufficiently notified to send their representatives and
have agreed in writing to the preparation and use of
emergency ballots.
Section 183. Requisition of official ballots and election
returns. - Official ballots and election returns shall be
printed upon orders of the Commission. Requisition of
official ballots shall be for each city and municipality, at the
rate of one and one-fifth ballots for every registered voter
in the next preceding election; and for election returns, at
one set thereof for every polling place.
Section 184. Printing of official ballots and elections returns.
- The official ballots and election returns shall be printed by
the Government Printing Office and/or the Central Bank
printing facilities exclusively, under the exclusive
supervision and control of the Commission which shall
determine and provide the necessary security measures in
the printing, storage and distribution thereof.
Each ballot shall be joined by a perforated line to a stub
numbered consecutively, beginning with number "1" in
each city and municipality. Each ballot shall also have at the
bottom a detachable coupon bearing the same number of
the stub. Each pad of ballots shall bear on its cover the name
of the city or municipality in which the ballots are to be used
and the inclusive serial numbers of the ballots contained
therein.
UNIVERSITY OF SANTO TOMAS
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The official ballots shall be bound in separate pads of fifty
or one hundred ballots each as may be required.
The election returns shall be prepared in sets of six copies
per set and shall be numbered consecutively, beginning
with number "1" in each city and municipality. Each set of
the election returns shall be printed in such a manner that
will ensure that the entries on the original of the returns are
clearly reproduced on the other copies thereof and shall
bear the name of the city or municipality in which the
returns are to be used. For this purposes, the Commission
shall acquire, if necessary, a special kind of carbon paper or
chemically treated paper.
Section 185. Sample official ballots. - The Commission shall
provide the board of election inspectors with sample official
ballots at the rate of thirty ballots per polling place. The
sample official ballots shall be printed on colored paper, in
all respects like the official ballots but bearing instead the
words "Sample Official Ballot", to be shown to the public
and used in demonstrating how to fill out and fold the
official ballots properly. No name of any actual candidate
shall be written on the spaces for voting on the sample
official ballots provided by the Commission, nor shall they
be used for voting.
Section 186. Distribution of official ballots and election
returns. - The official ballots and the election returns shall
be distributed by the Commission to each city and
municipality at the rate of one and one-fifth ballots for every
voter registered in each polling place; and for election
returns, at the rate of one set each for every polling place.
The provincial, city or municipal treasurer shall
respectively keep a record of the quantity and serial
numbers of official ballots and election returns furnished
the various provinces, cities, municipalities and polling
places, as the case may be, legible copies of which record
shall be furnished the duly authorized provincial, city or
municipal representatives of the ruling party and the
dominant opposition party, and the Commission
immediately after the distribution is made of such official
ballots and election returns.
The Commission shall prescribe the use of official delivery
receipts to be signed by the election registrar and the
chairman of the board of canvassers upon receipt of the
election returns.
No official ballots or election returns shall be delivered to
the board of election inspectors earlier than the first hour of
election day: Provided, however, That the Commission,
after written notice to the registered political parties and
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the candidates, may, for justifiable reasons, authorize the
delivery of said official ballots and election returns to the
board of election inspectors of any particular polling place
at an earlier date.
Section 187. Committee on printing, storage, and
distribution of official ballots and election returns. - The
Commission shall appoint a committee of five members,
two of whom shall be from among its personnel, the third to
be designated by the Commission on Audit, and the last two
to be designated by the ruling party and the dominant
opposition party to act as its representatives in supervising
the printing, storage and distribution of official ballots and
election returns.
Upon the request of any candidate, political party or of civic,
religious, professional, business, service, youth or any
similar organizations collectively designated by the
Commission, the latter shall allow any person designated by
any of the former as watcher to observe the proceedings of
the committee on the printing of official ballots and election
returns, file objections, if any, witness the printing and
distribution of the ballots and the returns and guard the
premises of the printer.
Section 188. Duties of the committee on printing of official
ballots and election returns. - Under such orders or
instructions as the Commission may issue, and in addition
to general supervision and control over the printing and
shipment of official ballots and election returns, the
committee on printing of official ballots and election
returns shall (a) take charge of the room or rooms where
the paper and paraphernalia used in the printing of official
ballots and election returns are stored and where printed
official ballots and election returns are packed and
prepared for shipment, (b) supervise all aspects relating to
the printing, storage and shipment of official ballots and
election returns and report to the Commission any
irregularity which they believe may have been committed,
and (c) perform such other related functions as the
Commission may direct.
Section 189. Representatives of the registered political
parties in the verification and distribution of official ballots
and election returns. - The ruling party and the dominant
opposition party or their respective duly authorized
representatives in the different provinces, cities and
municipalities, shall submit the names of their respective
watchers who, together with the representatives of the
Commission and the provincial, city and municipal
treasurer shall verify the contents of the boxes containing
the shipment of official ballots, election returns and sample
official ballots received by the said treasurers. The
provincial treasurers shall keep a record of their receipt and
UNIVERSITY OF SANTO TOMAS
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distribution to each municipal treasurer, while the city and
municipal treasurer shall each keep a record of their
distribution to the board of election inspectors.
AN ACT PROVIDING FOR SYNCHRONIZED NATIONAL &
LOCAL ELECTIONS & FOR ELECTORAL REFORMS,
AUTHORIZING APPROPRIATIONS THEREFOR, & FOR
OTHER PURPOSES
RA 7166
SEC. 27. Number of Copies of Election Returns and their
Distribution. — The board of election inspectors shall
prepare in handwriting the election returns in their
respective polling places, in the number of copies herein
provided and in the form to be prescribed and provided by
the Commission.
The copies of the election returns shall be distributed as
follows:
(a) In the election of President, Vice-President,
Senators and Members of the House of Representatives:
(1) The first copy shall be delivered to the city or municipal
board of canvassers;
(2) The second copy, to the Congress, directed to the
President of the Senate;
(3) The third copy, to the Commission;
(4) The fourth copy, to the provincial board of canvassers;
(5) The fifth copy, to be known as advance election returns,
shall be delivered to the city or municipal treasurer who, in
the presence of the election registrar or his authorized
representative, shall immediately and publicly open the
same and post the votes therein in an election tally board
sufficiently large to enable the public to read them, built on
a public place preferably within the immediate vicinity of
the city hall or municipal building.
(6) The sixth copy shall be given to the city or municipal
trial court judge or in his absence to any official who may be
designated by the commission. The city or municipal trial
court-judge or the official designated by the Commission
shall keep his copies of the election returns, sealed and
unopened. Said copy may be opened only during the
canvass upon order of the board of canvassers for purposes
of comparison with other copies of the returns whose
authenticity is in question; and
(7) The seventh copy shall be deposited inside the
compartment of the ballot box for valid ballots; and
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(b) In the election of local officials:
(1) The first copy shall be delivered to the city or municipal
board of canvassers;
(2) The second copy, to the Commission;
(3) The third copy, to the provincial board of canvassers;
(4) The fourth copy, to be known as advance election
returns, shall be delivered to the city or municipal treasurer
who, in the presence of the election registrar or his
authorized representative, shall immediately and publicly
open the same and post the votes therein in an election tally
board sufficiently large to enable the public to read them,
built on a public place preferably within the immediate
vicinity of the city hall or municipal building.
(5) The fifth copy shall be given to the city or municipal trial
court judge or in his absence, to any official who may be
designated by the Commission. The city or municipal trial
court judge or the official designated by the Commission
shall keep his copies of the election returns, sealed and
unopened. Said copy may be opened only during the
canvass upon order of the board of canvassers for purposes
of comparison with other copies of the returns whose
authenticity is in question; and
(6) The sixth copy shall be deposited inside the
compartment of the ballot box for valid ballots.
ACT AMENDING RA 8436
RA 9369
SEC. 13. Section 11 of republic Act No. 8436 is hereby
amended to read as follows:
"SEC.15. Official Ballot. - The Commission shall prescribe
the format of the electronic display and/or the size and form
of the official ballot, which shall contain the titles of the
position to be filled and/or the proposition to be voted upon
in an initiative, referendum or plebiscite. Where
practicable, electronic displays must be constructed to
present the names of all candidates for the same position in
the same page or screen, otherwise, the electronic displays
must be constructed to present the entire ballot to the voter,
in a series of sequential pages, and to ensure that the voter
sees all of the ballot options on all pages before completing
his or her vote and to allow the voter to review and change
all ballot choices prior to completing and casting his or her
ballot. Under each position to be filled, the names of
candidates shall be arranged alphabetically by surname and
uniformly indicated using the same type size. The maiden or
married name shall be listed in the official ballot, as
UNIVERSITY OF SANTO TOMAS
APEL - GARGANTIEL PROVIS [FINALS]
preferred by the female candidate. Under each proposition
to be vote upon, the choices should be uniformly indicated
using the same font and size.
"A fixed space where the chairman of the board of election
inspector shall affix her/her signature to authenticate the
official ballot shall be provided.
"For this purpose, the Commission shall set the deadline for
the filing of certificate of candidacy/petition of
registration/manifestation to participate in the election.
Any person who files his certificate of candidacy within this
period shall only be considered as a candidate at the start of
the campaign period for which he filed his certificate of
candidacy: Provided, That, unlawful acts or omissions
applicable to a candidate shall effect only upon that start of
the aforesaid campaign period: Provided, finally, That any
person holding a public appointive office or position,
including active members of the armed forces, and officers,
and employees in government-owned or-controlled
corporations, shall be considered ipso factor resigned from
his/her office and must vacate the same at the start of the
day of the filing of his/her certification of candidacy.
"Political parties may hold political conventions to
nominate their official candidate within thirty (30) days
before the start of the period for filing certificate of
candidacy.
"With respect to a paper-based election system, the official
ballots shall be printed by the National Printing Office
and/or the Bangko Sentral ng Pilipinas at the price
comparable with that of private printers under proper
security measures which the Commission shall adopt. The
Commission may contact the services of private printers
upon certification by the National Printing Office/Bangko
Sentral ng Pilipinas that it cannot meet the printing
requirements. Accredited political parties and deputized
citizen's arms of the Commission shall assign watchers in
the printing, storage and distribution of official ballots.
"To prevent the use of fake ballots, the Commission through
the Committee shall ensure that the necessary safeguards,
such as, but not limited to, bar codes, holograms, color
shifting ink, microprinting, are provided on the ballot.
"The official ballots shall be printed and distributed to each
city/municipality at the rate of one ballot for every
registered voter with a provision of additional three ballots
per precinct."
SEC. 14. Section 13 of republic Act No. 8436 is hereby
amended to read as follows:
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"SEC. 17. Ballot box. - Where applicable, there shall be in
each precinct on election day a ballot box with such safety
features that the Commission may prescribe and of such
size as to accommodate the official ballots."
SEC. 19. Section 18 of Republic Act No. 8436 is hereby
amended to read as follows:
"SEC. 22. Electronic Returns. - Each copy of the of the
printed election returns shall bear appropriate control
marks to determine the time and place of printing. Each
copy shall be signed and thumbmarked by all the members
of the board of election inspectors and the watchers
present. If any member of the board of election inspectors
present refuses to sign, the chairman of the board shall note
the same copy in each copy of the printed election returns.
The member of the board of election inspectors concerned
refusing to sign shall be compelled to explain his or her
refusal to do so. Failure to explain an unjustifiable refusal to
sign each copy of the printed election return by any member
of the board of election inspectors shall be punishable as
provided in this Act. The chairman of the boards shall then
publicly read and announce the total numbers of registered
voters, the total number of voters who actually voted and
the total numbers of votes obtained by each candidate
based on the election returns.
"Thereafter, the copies of the election returns shall be
sealed and placed in the proper envelopes for distribution
as follows:
"A. In the election of president, vice-president, senators
and party-list system;
1) The first copy shall be delivered to the city or municipal
board of canvassers;
2) The second copy, to the congress, directed to the
President of the Senate;
3) The third copy, to the commission;
4) The fourth copy, to the citizen's arm authorized by the
Commission to conduct an unofficial count
5) The fifth copy, to the dominant majority party as
determined by the Commission in accordance with law;
6) The six copy, to the dominant minority party as
determined by the Commission in accordance with law; and
7) The seventh copy shall be deposited inside the
compartment of the ballot box for valid ballots.
8) The eight copy to the Provincial Board of canvassers;
UNIVERSITY OF SANTO TOMAS
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9) The ninth to the eighteenth copies, shall be given to the
ten (10) accredited major national parties, excluding the
dominant majority and minority parties, in accordance with
a voluntary agreement among them. If no such agreement is
reached, the Commission shall decide which parties shall
receive the copies on the basis of the criteria provided in
Section 26 of Republic Act No. 7166;
10) The nineteenth and twentieth copies, to the two
accredited major local parties in accordance with a
voluntary agreement among them. If no such agreement is
reached, the commission shall decide which parties shall
receive the copies on the basis of criteria analogous to that
provided in Section 26 of Republic Act No. 7166;
11) The twenty-first to the twenty-fourth copies, to national
broadcast or print media entities as may be equitably
determined by the Commission in view of propagating the
copies to the widest extent possible;
12) The twenty-fifth and twenty-six copies, to local
broadcast or print media entities as may be equitably
determined by the Commission in view of propagating the
copies to the widest extent possible; and
13) The twenty-seventh to the thirtieth copies, to the major
citizen's arms, including the accredited citizen's arm, and
other non-partisan groups or organization enlisted by the
Commission pursuant to Section 52(k) of Batas Pambansa
Blg. 881. Such citizens' arm, groups and organization may
use the four certified copies of election returns for the
conduct of citizens' quick counts at the local or national
levels;
"B. In the election of local officials and members of the
House of Representatives:
1) The First copy shall be delivered to the city or municipal
board of canvassers;
2) The second copy, to the Commission;
3) The third copy, to the provincial board of canvassers;
4) The fourth copy, to the citizens' arm authorized by the
Commission to conduct an unofficial count;
5) The fifth copy, to the dominant majority party as
determined by the Commission in accordance with law;
6) The sixth copy, to the dominant minority party as
determined by the Commission in accordance with law; and
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7) The seventh copy shall be deposited inside the copy shall
deposited inside the compartment of the ballot box for valid
ballots.
8) The eight copy to be posted conspicuously on a wall
within the premises of the polling place or counting center;
9) The ninth to the eighteenth copies, shall be given to the
ten (10) accredited major national parties, excluding the
dominant majority and minority parties, in accordance with
a voluntary agreement among them. If no such agreement is
reached, the Commission shall decide which parties shall
receive the copies on the basis of the criteria provided in
Section 26 of Republic Act No. 7166;
10) The nineteenth and twentieth copies shall be given to
the two accredited major local parties in accordance with a
voluntary agreement among them. If no such agreement is
reached, the Commission shall decide which parties shall
receive the copies on the basis of criteria analogous to that
provided in Section 26 of republic Act No. 7166;
11) The twenty-first to the twenty-fifth copies, to national
broadcast or print media entities as may be equitably
determined by the Commission in view of propagating the
copies to the widest extent possible;
12) The twenty-sixth and twenty-seventh copies, to local
broadcast or print media entities as may be equitably
determined by the Commission in view of propagating the
copies to the widest extent possible; and
13) The twenty-eighth to the thirtieth copies to the major
citizens' arms, including the accredited citizens' arm, and
other non-partisan groups or organization enlisted by the
Commission pursuant to section 52(k) of Batas Pambansa
Blg. 881. Such citizens' arms, groups and organization may
use the five certified copies of election returns for the
conduct of citizens' quick counts at the local or national
levels.
"Immediately after the eight copy is printed, the poll clerk
shall announce the posting of said copy on a wall within the
premises of the polling place or counting center, which must
be sufficiently lighted and accessible to the public. Any
person may view or capture an image of the election return
by means of any data capturing device such as, but not
limited to cameras at any time of the day for forty-eight (48)
hours following its posting. After such period, the chairman
of the board of election inspectors shall detach the election
return from the wall and keep the same in his custody to be
produced as may be requested by any voter for image or
data capturing or for any lawful purpose as may be ordered
by competent authority.
UNIVERSITY OF SANTO TOMAS
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"Within one hour after the printing of the election returns,
the chairman of the board of election inspectors or any
official authorized by the Commission shall, in the presence
of watchers and representatives of the accredited citizens'
arm, political parties/candidates, if any, electronically
transmit the precinct results to the respective levels of
board of canvassers, to the dominant majority and minority
party, to the accredited citizen's arm, and to the Kapisanan
ng mga Brodcaster ng Pilipinas (KBP) .
"The election results at the city/municipality canvassing
centers shall be transmitted in the same manner by the
election officer or any official authorized by the commission
to the district or provincial canvassing centers.
"The election returns transmitted electronically and
digitally signed shall be considered as official election
results and shall be used as the basis for the canvassing of
votes and the proclamation of a candidate."
"After the electronic results have been transmitted
additional copies not to exceed thirty (30) may be printed
and given to requesting parties at their own expense."
Sec. 32. Section 212 of Batas Pambansa Blg. 881 as
amended, is hereby to read as follows:
"SEC. 212. Election Returns. - The board of election
inspectors shall prepare the election returns
simultaneously with the counting of votes in the polling
places as prescribe in Section 210 hereof. The recording of
vote shall be made as prescribed in said section. The entry
of votes in words and figures for each candidate shall be
closed with the signature and the clear imprint of the
thumbmark of the right hand of all the members, likewise to
be affixed in full view of the public, immediately after the
last vote recorded or immediately after the name of the
candidate who did not receive any vote."
"The returns shall also show the date of the election, the
polling place, the barangay and the city or municipality in
which it was held, the total number of ballots found in the
compartment for valid ballots, the total number of valid
ballots withdrawn from the compartment for spoiled
ballots because they were erroneously placed therein, the
total number of excess ballots, the total number of marked
or void ballots, and the total numbers of votes obtained by
each candidate, writing out the said number in words and
figures and, at the end thereof, the board of election
inspectors shall certify that the contents are correct. The
returns shall be accomplished in a single sheet of paper, but
if this is not possible, additional sheets may be used which
shall be prepared in the same manner as the first sheet and
likewise certified by the board of election inspectors."
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"The commission shall take steps so that the entries on the
first copy of the election returns are clearly reproduced on
the second, third, fourth, fifth, sixth copies thereof, and for
the purpose this Commission shall use a special kind of
paper."
"Immediately upon the accomplishment of the election
return for national position, the poll clerk shall announce
the posting of the second copy of the election return on a
wall with sufficient lighting within the premises of the
polling place or counting center. He shall then proceed to do
the same in the presence of the other members of the Board,
the watchers and those present in the polling place or
counting center. Without delay and, when feasible, he shall
secure an image of the election return using a secured data
capturing device and immediately thereafter, while in the
premises of the polling place or counting center, directly
print thirty (30) copies of the election return. Once the
prints have been produced, the poll clerk shall call the other
members of the board to authenticate each print copy by
closely comparing the same with the election return posted
on the wall in the presence of the watchers and within view
of the public. If the Board finds each print a faithful
reproduction of the election return, all members thereof
shall annotate and sign a certification to that effect on the
bottom front of the print.
"Each certified printed copy shall be placed in an envelope
and distributed as herein provided. Designated recipients of
the certified print copies may receive their copies at the
polling place or counting center.
"Immediately upon the accomplishment of the election
returns for local position, the second copy of the same shall
be posted on a wall with sufficient lighting within the
premises of the polling place.
"The other copies of election returns for both national and
local position shall be sealed in the presence of the watchers
and the public, and placed in the proper envelope, which
shall likewise be sealed and distributed as herein provided."
"Any election return with a separately printed serial
number or which bears a different serial number from that
assigned to the particular polling place concerned shall not
be canvassed. This is to be determined by the board
canvassers prior to its canvassing on the basis of the
certification of the provincial, city or municipal treasurer as
to the serial number of the election return assigned to said
voting precinct, unless the Commission shall order in
writing for its canvassing, stating the reason for the
variance in serial numbers."
"If the signatures and/or thumbmarks of the members of
the board of election inspectors or some of them as required
UNIVERSITY OF SANTO TOMAS
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in this provision are missing in the election returns, the
board of canvassers may summon the members of the
board of election inspectors concerned to complete the
returns.
"The citizen's arm is mandated to present for perusal its
copy of the election return to the board of election
canvassers upon the request of any interested candidate.
"Any violation of this election or its pertinent portion, shall
constitute an election offense and shall be penalized in
accordance with Batas Pambansa Blg. 881
"In addition, the following shall likewise be guilty of an
election offense:
"(a) Any Person who removes the election return posted on
the wall, whether within or after the prescribed forty-eight
(48) hours of posting, or defaces the same in any manner;
"(b) Any person who simulates an actual election return, or
a print or digital copy thereof;
"(c) Any person who simulates the certification in a print of
an election return;
"(d) The chairman or any member of the board of election
inspectors who, during the prescribe period of posting,
removes the election return from the wall on which it had
been posted other than for the purpose of immediately
transferring it to a more suitable place;
"(e) The chairman or any member of the board of election
inspectors who signs or authenticates a print of the election
return outside of the polling place; and
"(f) The chairman or any member of the board of election
inspectors who signs or authenticates a print which bears
an image different from the election return produced after
counting and posted on the wall."
SEC. 33. Section 27 of Republic Act No. 7166, as amended
by Republic Act No. 8045 and Republic Act No. 8173 is
hereby further amended to read as follows:
“SEC. 27. Number of Copies of Election Returns and their
Distribution. - The board of election inspectors shall
prepare in handwriting the election returns in their
respective polling place, in the number of copies herein
provided and in the form to be prescribed and provided by
the Commission.
"The copies of election returns shall be distributed by
the chairman of the board of election inspectors as
follows:
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"(a) In the election of president, vice-president,
senators and members of the House of Representatives
including the party-list representatives:
"(1) The first copy shall be delivered to the city or municipal
board of canvassers;
"(2) The second copy to be posted on a wall within the
premises of the polling place;
"(3) The third copy, to the congress, directed to the
President of the Senate;
"(4) The fourth copy. to the Commission;
"(5) The fifth copy, to the dominant majority party as
determined by the Commission in accordance with law;
"(6) The sixth copy, to the dominant minority party as
determined by the Commission in accordance with law;
"(7) The seventh copy, to a citizens' authorized by the
Commission to conduct an unofficial count: Provided,
however, That the accreditation of the citizens' arm shall be
subject to the provision of Section 52(k) of Batas Pambansa
Bldg. 881; and
"(8) The eight copy shall be deposited inside the
compartment of the ballot box for valid ballots; and
"(b) In the election of local officials;
"(1) The First copy shall be delivered to the city or
municipal board of canvassers;
"(2) The second copy to be posted on a wall within the
premises of the polling place;
"(3) The third copy, to the Commission;
"(4) The fourth copy, to the provincial board of canvassers;
"(5) The fifth copy, to the dominant majority party as
determined by the Commission in accordance with law;
"(6) The sixth copy, to the dominant minority party as
determined by the Commission in accordance with law;
"(7) The seventh copy, to a citizens' authorized by the
Commission to conduct an unofficial count: Provided,
however, That the accreditation of the citizens' arm shall be
subject to the provisions of Section 52(k) of Batas
Pambansa Bldg. 881; and
UNIVERSITY OF SANTO TOMAS
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"(8) The eighth copy shall be deposited inside the
compartment of the ballot box for valid votes.
"The copy of the election return posted on the wall shall be
open for public viewing at any time of the day for forty-eight
(48) hours following its posting. Any person may view or
capture an image of the election return by means of any data
capturing device such as, but not limited to, cameras at any
time of the day for forty-eight (48) hours following its
posting. After the prescribed period for posting, the
chairman of the board of election inspectors shall collect the
posted election returns and keep the same in his custody to
be produced for image or data capturing as may be
requested by any voter or any lawful purpose as may be
ordered by competent authority.
"Except for those copies that are required to be delivered,
copies of election returns may be claimed at the polling
place. Any unclaimed copy shall be brought by the chairman
of the board of election inspectors to the canvassing center
where the recipients or their representatives may claim
them. Copies still unclaimed at the canvassing center shall
be deemed placed in the custody of the chairman of the
board of election inspectors, who shall produce them when
requested by the recipient or when ordered by a competent
authority.
"The Thirty (30) certified print copies of the election return
for national positions shall be distributed as follows:
"(a) The first fourteen (14) copies shall be given to the
fourteen (14) accredited major national parties in
accordance with a voluntary agreement among them. If no
such agreement is reached, the Commission shall decide
which parties shall receive the copies on the basis of the
criteria provided in Section 26 hereof;
"(b) The next three copies shall be given to the three
accredited major local parties in accordance with a
voluntary agreement among them. If no such agreement is
reached, the Commission shall decide which parties shall
receive the copies on the basis of criteria analogous to that
provided in Section 26 Hereof;
"(c) The next five copies shall be given to national broadcast
or print media entities as may be equitably determined by
the Commission in view of propagating the copies to the
widest extent possible;
"(d) The next two copies shall be given to local broadcast or
print media entities as may be equitably determined by the
Commission in view of propagating the copies to the widest
extent possible;
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"(e) The next four copies to the major citizens' arms,
including the accredited citizens' arms and other non-
partisan groups or organizations enlisted by the
Commission pursuant to Section 52(k) of Batas Pambansa
Blg. 881;
"(f) The next copy to be placed inside the compartment of
the ballot box for valid ballots; and
"(g) The last copy to the provincial board of canvassers."
"The certified print copies may be claimed at the polling
place. Any unclaimed copy shall be brought by the chairman
of the board of election inspectors to the canvassing center
where the recipients or representatives may claim them.
Copies still unclaimed at the canvassing center shall be
placed in the custody of the chairman of the board election
inspectors, who shall produce them when requested by the
recipient or when ordered by a competent authority.
"Any provision of law to the contrary notwithstanding, any
of the recipients of the print or digital copies of the election
return may conduct an unofficial consolidation of votes and
may announce the result to the public.
"The Commission shall post its digital files in its website for
the public to view or download at any time of the day. The
Commission shall maintain the files at least three years
from the date of posting.
"Any violation of this section, or its pertinent portion, shall
constitute an election offense and shall be penalized in
accordance with Batas Pambansa Blg. 881;
ACT AMENDING 7166
RA 8045
Section 1. Section 27 of Republic Act No. 7166 is hereby
amended to read as follows:
"Sec. 27. Number of Copies of Election Returns and their
Distribution. - The board of election inspectors shall
prepare in handwriting the election returns in their
respective polling places, in the number of copies herein
provided and in the form to be prescribed and provided by
the Commission." The copies of the election returns shall be
as follows:
"a) In the election of President, Vice President. Senators
and Members of the House of Representatives:
"1) The first copy shall be delivered to the city or municipal
board of canvassers:
UNIVERSITY OF SANTO TOMAS
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"2) The second copy, to the Congress, directed to the
President of the Senate;
"3) The third copy, to the Commission;
"4) The fourth copy, to the dominant majority party as
determined by the Commission in accordance with law;
"5) The fifth copy, to the dominant minority party as
determined by the Commission in accordance with law;
"6) The sixth copy, to a citizens' arm authorized by the
Commission to conduct an unofficial count: provided,
however, that the accreditation of the citizens' arm shall be
subject to the provisions of Section 52 (k) of Batas
Pambansa Blg. 881: provided, further, that such citizens
arm previously authorized by the Commission before the
effectivity of this Act shall not be qualified for accreditation;
and
"7) The seventh copy shall be deposited inside the
compartment of the ballot box for valid ballots; and
"b) In the election of local officials;
"1) The first copy shall be delivered to the city or municipal
board of canvassers;
"2) The second copy, to the Commission;
"3) The third copy, to the provincial board of canvassers;
"4) The fourth copy, dominant majority party as
determined by the Commission in accordance with law;
"5) The fifth copy, to the dominant minority party as
determined by the Commission in accordance with law;
"6) The sixth copy, to a citizens' arm authorized by the
Commission to conduct an unofficial count: provided,
however, that the accreditation of the citizens' arm shall be
subject to the provisions of Section 52 (k) of Batas
Pambansa Blg. 881; Provided, further, that such citizens'
arm previously authorized by the Commission before the
effectivity of this Act shall not be qualified for accreditation;
and
"7) The seventh copy, shall be deposited inside the
compartment of the ballot box for valid ballots."
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c. Casting of Votes
OMNIBUS ELECTION CODE
BP 881
ARTICLE XVII
CASTING OF VOTES
Section 190. Voting hours. - The casting of votes shall start
at seven o'clock in the morning and shall end at three
o'clock in the afternoon, except when there are voters
present within thirty meters in front of the polling place
who have not yet cast their votes, in which case the voting
shall continue but only to allow said voters to cast their
votes without interruption. The poll clerk shall, without
delay, prepare a complete list containing the names of said
voters consecutively numbered, and the voters so listed
shall be called to vote by announcing each name repeatedly
three times in the order in which they are listed. Any voter
in the list who is not present when his name is called out
shall not be permitted to vote.
Section 191. Preliminaries to the voting. -
(a) The board of election inspectors shall meet at the polling
place at six-thirty o'clock in the morning of election day and
shall have the book of voters containing all the approved
applications of registration of voters pertaining to the
polling place, the certified list of voters, the certified list of
candidates, the ballot box, the official ballots, sufficient
indelible pencils or ball pens for the use of the voters, the
forms to be used, and all other materials which may be
necessary.
(b) Immediately thereafter, the chairman of the board of
election inspectors shall open the ballot box, empty both of
its compartments, exhibit them to all those present and
being empty, lock its interior covers with three padlocks.
(c) The chairman shall forthwith show to the public and the
watchers present the package of official ballots received
from the city, or municipal treasurer duly wrapped and
sealed and the number of pads, the serial numbers and the
type forms of the ballots in each pad appearing on the cover,
and the book of voters duly sealed. The board of election
inspectors shall then break the seals of the package of
official ballots and the book of voters. The board of election
inspectors shall enter in the minutes the fact that the
package of ballots, and the book of voters were shown to the
public with their wrapping and corresponding seals intact
and/or if they find that the wrapping and seals are broken,
such fact must be stated in the minutes as well as the
number of pads and the serial numbers of ballots that they
find in the package.
Ballots with separately printed serial numbers shall be
deemed spurious and shall not be utilized by the board of
UNIVERSITY OF SANTO TOMAS
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election inspectors unless the Commission representative
shall order their use in writing, stating the reasons therefor.
(d) The chairman and the two party members of the board
of election inspectors shall retain in their possession their
respective keys to the padlocks during the voting.
(e) The box shall remain locked until the voting is finished
and the counting begins. However, if it should become
necessary to make room for more ballots, the board of
election inspectors may open the box in the presence of the
whole board of election inspectors and the watchers, and
the chairman shall press down with his hands the ballots
contained therein without removing any of them, after
which the board of election inspectors shall close the box
and lock it with three padlocks as hereinbefore provided.
Section 192. Persons allowed in and around the polling
place. - During the voting, no person shall be allowed inside
the polling place, except the members of the board of
election inspectors, the watchers, the representatives of the
Commission, the voters casting their votes, the voters
waiting for their turn to get inside the booths whose
number shall not exceed twice the number of booths and
the voters waiting for their turn to cast their votes whose
number shall not exceed twenty at any one time. The
watchers shall stay only in the space reserved for them, it
being illegal for them to enter places reserved for the voters
or for the board of election inspectors or to mingle and talk
with the voters within the polling place.
It shall be unlawful for any officer or member of the Armed
Forces of the Philippines including the Philippine
Constabulary or the Integrated National Police or peace
officer or any armed person belonging to any extra-legal
police agency, special forces, reaction forces, strike forces,
home defense units, barangay tanod, or other similar forces
or para-military forces, including special forces, security
guards, special policeman, and all other kinds of armed or
unarmed extra-legal police officers, to enter any polling
place, unless it is his polling place where he will vote but in
such case he should immediately leave the polling place, no
policeman or peace officer shall be allowed to enter or stay
inside the polling place except when there is an actual
disturbance of the peace and order therein. However, the
board of election inspectors upon majority vote, if it deems
necessary, may make a call in writing, duly entered in the
minutes, for the detail of a policeman or any peace officer
for their protection or for the protection of the election
documents and paraphernalia, in which case, the said
policeman or peace officer shall stay outside the polling
place within a radius of thirty meters near enough to be
easily called by the board of election inspectors at any time,
but never at the door, and in no case shall the said
policeman or peace officer hold any conversation with any
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voter or disturb or prevent or in any manner obstruct the
free access of the voters to the polling place. It shall likewise
be unlawful for any barangay official to enter and stay
inside any polling place except to vote or except when
serving as a watcher or member of the board of election
inspectors, in which case, he shall leave the polling place
immediately after voting.
Section 193. Order of voting. - The voters shall vote in the
order of their entrance into the polling place. The voters
shall have the right to freely enter the polling place as soon
as they arrive unless there are voters waiting inside, in
which case they shall fall in line in the order of their arrival
and shall not crowd around the table of the board of election
inspectors. The voters after having cast their votes shall
immediately depart.
Section 194. Manner of obtaining ballots. - The voter
shall approach the chairman and shall give his name and
address together with other data concerning his person. In
case any member of the board of election inspectors doubts
the identity of the voter, the board of election inspectors
shall check his voter's identification card or, if he does not
have any, the board of election inspectors shall refer to his
photograph and signature in the voter's application for
registration. If the board of election inspectors is satisfied
with his identity, the chairman shall distinctly announce the
voter's name in a tone loud enough to be plainly heard
throughout the polling place. If such voter has not been
challenged, or if having been challenged, the question has
been decided in his favor, the voter shall forthwith affix his
signature in the proper space in the voting record, and the
chairman shall, after first entering the number of the ballot
in the corresponding space of the voting record, deliver to
the voter one ballot correctly folded. No person other than
the chairman shall deliver official ballots nor shall more
than one ballot be delivered at one time.
Section 195. Manner of preparing the ballot. - The voter,
upon receiving his folded ballot, shall forthwith proceed to
one of the empty voting booths and shall there fill his ballot
by writing in the proper space for each office the name of
the individual candidate for whom he desires to vote.
No voter shall be allowed to enter a booth occupied by
another, nor enter the same accompanied by somebody,
except as provided for in the succeeding section hereof, nor
stay therein for a longer time than necessary, nor speak
with anyone other than as herein provided while inside the
polling place. It shall be unlawful to prepare the ballot
outside the voting booth, or to exhibit its contents to any
person, or to erase any printing from the ballot, or to
intentionally tear or deface the same or put thereon any
distinguishing mark. It shall likewise be unlawful to use
carbon paper, paraffin paper, or other means for making a
UNIVERSITY OF SANTO TOMAS
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copy of the contents of the ballot or make use of any other
means to identify the vote of the voter.
Section 196. Preparation of ballots for illiterate and
disabled persons. - A voter who is illiterate or physically
unable to prepare the ballot by himself may be assisted in
the preparation of his ballot by a relative, by affinity or
consanguinity within the fourth civil degree or if he has
none, by any person of his confidence who belong to the
same household or any member of the board of election
inspectors, except the two party members: Provided, That
no voter shall be allowed to vote as illiterate or physically
disabled unless it is so indicated in his registration record:
Provided, further, That in no case shall an assistor assist
more than three times except the non-party members of the
board of election inspectors. The person thus chosen shall
prepare the ballot for the illiterate or disabled voter inside
the voting booth. The person assisting shall bind himself in
a formal document under oath to fill out the ballot strictly
in accordance with the instructions of the voter and not to
reveal the contents of the ballot prepared by him. Violation
of this provision shall constitute an election offense.
Section 197. Spoiled ballots. - If a voter should
accidentally spoil or deface a ballot in such a way that it
cannot lawfully be used, he shall surrender if folded to the
chairman who shall note in the corresponding space in the
voting record that said ballot is spoiled. The voter shall then
be entitled to another ballot which the chairman shall give
him after announcing the serial number of the second ballot
and recording said serial number in the corresponding
spaces in the voting record. If the second ballot is again
spoiled or defaced in such a way that it cannot lawfully be
used, the same shall be surrendered to the chairman and
recorded in the same manner as the first spoiled or defaced
ballot. However, no voter shall change his ballot more than
twice.
The spoiled ballot shall, without being unfolded and
without removing the detachable coupon, be distinctly
marked with the word "spoiled" and signed by the board of
election inspectors on the endorsement fold thereof and
immediately placed in the compartment for spoiled ballots.
Section 198. Voting. -
(a) After the voter has filled his ballot he shall fold it in the
same manner as when he received it and return it to the
chairman.
(b) In the presence of all the members of the board of
election inspectors, he shall affix his thumbmark on the
corresponding space in the coupon, and deliver the folded
ballot to the chairman.
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(c) The chairman, in the presence and view of the voter and
all the members of the board of election inspectors, without
unfolding the ballot or seeing its contents, shall verify its
number from the voting record where it was previously
entered.
(d) The voter shall fortwith affix his thumbmark by the side
of his signature in the space intended for that purpose in the
voting record and the chairman shall apply silver nitrate
and commassie blue on the right forefinger nail or on any
other available finger nail, if there be no forefinger nail.
(e) The chairman shall sign in the proper space beside the
thumbmark of the voter.
(f) The chairman, after finding everything to be in order,
shall then detach the coupon in the presence of the board of
election inspectors and of the voter and shall deposit the
folded ballot in the compartment for valid ballots, and the
detached coupon in the compartment for spoiled ballots.
(g) The voter shall then depart.
Any ballot returned to the chairman whose detachable
coupon has been removed not in the presence of the board
of election inspectors and of the voter, or any ballot whose
number does not coincide with the number of the ballot
delivered to the voter, as entered in the voting record, shall
be considered as spoiled and shall be so marked and signed
by the members of the board of election inspectors.
Section 199. Challenge of illegal voters. -
(a) Any voter, or watcher may challenge any person offering
to vote for not being registered, for using the name of
another or suffering from existing disqualification. In such
case, the board of election inspectors shall satisfy itself as to
whether or not the ground for the challenge is true by
requiring proof of registration or the identity of the voter;
and
(b) No voter shall be required to present his voter's affidavit
on election day unless his identity is challenged. His failure
or inability to produce his voter's affidavit upon being
challenged, shall not preclude him from voting if his identity
be shown from the photograph, fingerprints, or specimen
signatures in his approved application in the book of voters
or if he is identified under oath by a member of the board of
election inspectors and such identification shall be reflected
in the minutes of the board.
UNIVERSITY OF SANTO TOMAS
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Section 200. Challenge based on certain illegal acts. -
Any voter or watcher may challenge any voter offering to
vote on the ground that the challenged person has received
or expects to receive, has paid, offered or promised to pay,
has contributed, offered or promised to contribute money
or anything of value as consideration for his vote or for the
vote of another; that he has made or received a promise to
influence the giving or withholding of any such vote or that
he has made a bet or is interested directly or indirectly in a
bet which depends upon the result of the election. The
challenged person shall take a prescribed oath before the
board of election inspectors that he has not committed any
of the acts alleged in the challenge. Upon the taking of such
oath, the challenge shall be dismissed and the challenged
voter shall be allowed to vote, but in case of his refusal to
take such oath, the challenge shall be sustained and he shall
not be allowed to vote.
Section 201. Admission of challenged vote immaterial
in criminal proceedings. - The admission of the challenged
vote under the two preceding sections shall not be
conclusive upon any court as to the legality of the
registration of the voter challenged or his vote in a criminal
action against such person for illegal registration or voting.
Section 202. Record of challenges and oaths. - The poll
clerk shall keep a prescribed record of challenges and oaths
taken in connection therewith and the resolution of the
board of election inspectors in each case and, upon the
termination of the voting, shall certify that it contains all the
challenges made. The original of this record shall be
attached to the original copy of the minutes of the voting as
provided in the succeeding section.
Section 203. Minutes of voting and counting of votes. - The
board of election inspectors shall prepare and sign a
statement in four copies setting forth the following:
1. The time the voting commenced and ended;
2. The serial numbers of the official ballots and election
returns, special envelopes and seals received;
3. The number of official ballots used and the number left
unused;
4. The number of voters who cast their votes;
5. The number of voters challenged during the voting;
6. The names of the watchers present;
7. The time the counting of votes commenced and ended;
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8. The number of official ballots found inside the
compartment for valid ballots;
9. The number of valid ballots, if any, retrieved from the
compartment for spoiled ballots;
10. The number of ballots, if any, found folded together;
11. The number of spoiled ballots withdrawn from the
compartment for valid ballots;
12. The number of excess ballots;
13. The number of marked ballots;
14. The number of ballots read and counted;
15. The time the election returns were signed and sealed in
their respective special envelopes;
16. The number and nature of protests made by watchers;
and
17. Such other matters that the Commission may require.
Copies of this statement after being duly accomplished shall
be sealed in separate envelopes and shall be distributed as
follows: (a) the original to the city or municipal election
registrar; (b) the second copy to be deposited inside the
compartment for valid ballots of the ballot box; and (c) the
third and fourth copies to the representatives of the
accredited political parties.
Section 204. Disposition of unused ballots at the close
of the voting hours. - The chairman of the board of election
inspectors shall prepare a list showing the number of
unused ballots together with the serial numbers. This list
shall be signed by all the members of the board of election
inspectors, after which all the unused ballots shall be torn
halfway in the presence of the members of the board of
election inspectors.
Section 205. Prohibition of premature announcement
of voting. - No member of the board of election inspectors
shall, before the termination of the voting, make any
announcement as to whether a certain registered voter has
already voted or not, as to how many have already voted or
how many so far have failed to vote, or any other fact
tending to show or showing the state of the polls, nor shall
he make any statement at any time, except as witness before
a court, as to how any person voted.
UNIVERSITY OF SANTO TOMAS
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AN ACT PROVIDING FOR SYNCHRONIZED NATIONAL &
LOCAL ELECTIONS & FOR ELECTORAL REFORMS,
AUTHORIZING APPROPRIATIONS THEREFOR, & FOR
OTHER PURPOSES
RA 7166
Section 24. Signature of Chairman at the Back of Every
Ballot. - In every case before delivering an official ballot to
the voter, the chairman of the board of election inspectors
shall, in the presence of the voter, affix his signature at the
back thereof. Failure to so authenticate shall be noted in the
minutes of the board of election inspectors and shall
constitute an election offense punishable under Section 263
and 264 of the Omnibus Election Code.
ACT AMENDING RA 8436
RA 9369
SECTION 15. Section 14 of Republic Act No. 8436 is hereby
amended to read as follows:
"SECTION 18. Procedure in voting. - The Commission
shall prescribe the manner and procedure of voting, which
can be easily understood and followed by the voters, taking
into consideration, among other things, the secrecy of the
voting."
SECTION 16. Section 15 of Republic Act No. 8436 is hereby
amended to read as follows:
"SECTION 19. Closing of polls. - The Commission shall
prescribe the time, manner and procedure of closing the
polls and the steps for the correct reporting of votes cast
and the proper conduct of counting for areas covered by the
AES."
e. Canvass & Proclamation
OMNIBUS ELECTION CODE
BP 881
ARTICLE XIX
CANVASS AND PROCLAMATION
Section 221. Board of canvassers. - There shall be a board
of canvassers for each province, city, municipality, and
district of Metropolitan Manila as follows:
(a) Provincial board of canvassers. - the provincial board
of canvassers shall be composed of the provincial election
supervisor or a senior lawyer in the regional office of the
Commission, as chairman, the provincial fiscal, as vice-
chairman, and the provincial superintendent of schools, and
one representative from each of the ruling party and the
dominant opposition political party in the constituency
concerned entitled to be represented, as members.
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(b) City board of canvassers. - the city board of canvassers
shall be composed of the city election registrar or a lawyer
of the Commission, as chairman, the city fiscal and the city
superintendent of schools, and one representative from
each of the ruling party and the dominant opposition
political party entitled to be represented, as members.
(c) District board of canvassers of Metropolitan Manila
- the district board of canvassers shall be composed of a
lawyer of the Commission, as chairman, and a ranking fiscal
in the district and the most senior district school supervisor
in the district to be appointed upon consultation with the
Ministry of Justice and the Ministry of Education, Culture
and Sports, respectively, and one representative from each
of the ruling party and the dominant opposition political
party in the constituency concerned, as members.
(d) Municipal board of canvassers. - the municipal board
of canvassers shall be composed of the election registrar or
a representative of the Commission, as chairman, the
municipal treasurer, and the district supervisor or in his
absence any public school principal in the municipality and
one representative from each of the ruling party and the
dominant opposition political party entitled to be
represented, as members.
(e) Board of canvassers for newly created political
subdivisions - the Commission shall constitute a board of
canvassers and appoint the members thereof for the first
election in a newly created province, city or municipality in
case the officials who shall act as members thereof have not
yet assumed their duties and functions.
Section 222. Relationship with candidates and other
members. - The chairman and the members of the board of
canvassers shall not be related within the fourth civil degree
of consanguinity or affinity to any of the candidates whose
votes will be canvassed by said board, or to any member of
the same board.
Section 223. Prohibition against leaving official station.
- During the period beginning election day until the
proclamation of the winning candidates, no member or
substitute member of the different boards of canvassers
shall be transferred, assigned or detailed outside of his
official station, nor shall he leave said station without prior
authority of the Commission.
Section 224. Feigned illness. - Any member of the board
of canvassers feigning illness in order to be substituted on
election day until the proclamation of the winning
candidates shall be guilty of an election offense.
UNIVERSITY OF SANTO TOMAS
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Section 225. Vote required. - A majority vote of all the
members of the board of canvassers shall be necessary to
render a decision.
Section 226. Incapacity and substitution of members of
boards of canvassers. - In case of non-availability, absence,
disqualification due to relationship, or incapacity for any
cause of the chairman, the Commission shall designate the
provincial or city fiscal to act as chairman. Likewise, in case
of non-availability, absence, disqualification due to
relationship, or incapacity for any cause, of such designee,
the next ranking provincial or city fiscal shall be designated
by the Commission and such designation shall pass to the
next in rank until the designee qualifies. With respect to the
other members of the board of canvassers, the Commission
shall appoint as substitute the provincial, city or municipal
officers of other government agencies in the province, city
or municipality, as the case may be, and with respect to the
representatives of the accredited political parties, the
Commission shall appoint as substitutes those nominated
by the said political parties.
Section 227. Supervision and control over board of
canvassers. - The Commission shall have direct control and
supervision over the board of canvassers.
Any member of the board of canvassers may, at any time, be
relieved for cause and substituted motu proprio by the
Commission.
Section 228. Notice of meeting of the board. - At least five
days before the meeting of the board, the chairman of the
board shall give notice to all members thereof and to each
candidate and political party of the date, time and place of
the meeting.
Section 229. Manner of delivery and transmittal of
election returns. -
(a) For the city and municipal board of canvassers, the copy
of the election returns of a polling place intended for the city
or municipal board of canvassers, duly placed inside a
sealed envelope signed and affixed with the imprint of the
thumb of the right hand of all the members of the board of
election inspectors, shall be personally delivered by the
members of the board of election inspectors to the city or
municipal board of canvassers under proper receipt to be
signed by all the members thereof.
(b) For the provincial and district boards of canvassers in
Metropolitan Manila, the copy of the election returns of a
polling place intended for the provincial or district board of
canvassers in the case of Metropolitan Manila, shall be
personally delivered by the members of the board of
election inspectors to the election registrar for transmittal
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to the proper board of canvassers under proper receipt to
be signed by all the members thereof.
The election registrar concerned shall place all the returns
intended for the board of canvassers inside a ballot box
provided with three padlocks whose keys shall be kept as
follows: one by the election registrar, another by the
representative of the ruling party and the third by the
representative of the dominant political opposition party.
For this purpose, the two political parties shall designate
their representatives whose names shall be submitted to
the election registrar concerned on or before the tenth day
preceding the election. The three in possession of the keys
shall personally transmit the ballot box, properly locked,
containing the election returns to the board of canvassers.
Watchers of political parties, coalition of political parties,
and of organizations collectively authorized by the
Commission to designate watchers shall have the right to
accompany transmittal of the ballot boxes containing the
election returns.
It shall be unlawful for any person to delay, obstruct,
impede or prevent through force, violence, coercion,
intimidation or by any means which vitiates consent, the
transmittal of the election returns or to take away, abscond
with, destroy, deface or mutilate or substitute the election
returns or the envelope or the ballot box containing the
election returns or to violate the right of the watchers.
The watchers of the political parties, coalition of political
parties and the candidates shall have the right to
accompany the members of the board of election inspectors
or the election registrar in making the delivery to the boards
of canvassers.
Section 230. Safekeeping of transmitted election
returns. - The board of canvassers shall keep the ballot
boxes containing the election returns in a safe and secure
room before and after the canvass. The door to the room
must be padlocked by three locks with the keys thereof kept
as follows: one with the chairman, the other with the
representative of the ruling party, and the other with the
representative of the dominant opposition political party.
The watchers of candidates, political parties, coalition of
political parties and organization collectively authorized by
the Commission to appoint watchers shall have the right to
guard the room. Violation of this right shall constitute an
election offense.
Section 231. Canvass by the board. - The board of
canvassers shall meet not later than six o'clock in the
afternoon of election day at the place designated by the
Commission to receive the election returns and to
immediately canvass those that may have already been
UNIVERSITY OF SANTO TOMAS
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received. It shall meet continuously from day to day until
the canvass is completed, and may adjourn but only for the
purpose of awaiting the other election returns from other
polling places within its jurisdiction. Each time the board
adjourns, it shall make a total of all the votes canvassed so
far for each candidate for each office, furnishing the
Commission in Manila by the fastest means of
communication a certified copy thereof, and making
available the data contained therein to the mass media and
other interested parties. As soon as the other election
returns are delivered, the board shall immediately resume
canvassing until all the returns have been canvassed.
The respective board of canvassers shall prepare a
certificate of canvass duly signed and affixed with the
imprint of the thumb of the right hand of each member,
supported by a statement of the votes received by each
candidate in each polling place and, on the basis thereof,
shall proclaim as elected the candidates who obtained the
highest number of votes cast in the province, city,
municipality or barangay. Failure to comply with this
requirement shall constitute an election offense.
Subject to reasonable exceptions, the board of canvassers
must complete their canvass within thirty-six hours in
municipalities, forty-eight hours in cities and seventy-two
hours in provinces. Violation hereof shall be an election
offense punishable under Section 264 hereof.
With respect to the election for President and Vice-
President, the provincial and city boards of canvassers shall
prepare in quintuplicate a certificate of canvass supported
by a statement of votes received by each candidate in each
polling place and transmit the first copy thereof to the
Speaker of the Batasang Pambansa. The second copy shall
be transmitted to the Commission, the third copy shall be
kept by the provincial election supervisor or city election
registrar; the fourth and the fifth copies to each of the two
accredited political parties.
Section 232. Persons not allowed inside the canvassing
room. - It shall be unlawful for any officer or member of the
Armed Forces of the Philippines, including the Philippine
Constabulary, or the Integrated National Police or any peace
officer or any armed or unarmed persons belonging to an
extra-legal police agency, special forces, reaction forces,
strike forces, home defense forces, barangay self-defense
units, barangay tanod, or of any member of the security or
police organizations of government ministries,
commissions, councils, bureaus, offices, instrumentalities,
or government-owned or controlled corporations or their
subsidiaries or of any member of a privately owned or
operated security, investigative, protective or intelligence
agency performing identical or similar functions to enter
the room where the canvassing of the election returns are
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held by the board of canvassers and within a radius of fifty
meters from such room: Provided, however, That the board
of canvassers by a majority vote, if it deems necessary, may
make a call in writing for the detail of policemen or any
peace officers for their protection or for the protection of
the election documents and paraphernalia in the possession
of the board, or for the maintenance of peace and order, in
which case said policemen or peace officers, who shall be in
proper uniform, shall stay outside the room within a radius
of thirty meters near enough to be easily called by the board
of canvassers at any time.
Section 233. When the election returns are delayed, lost
or destroyed. - In case its copy of the election returns is
missing, the board of canvassers shall, by messenger or
otherwise, obtain such missing election returns from the
board of election inspectors concerned, or if said returns
have been lost or destroyed, the board of canvassers, upon
prior authority of the Commission, may use any of the
authentic copies of said election returns or a certified copy
of said election returns issued by the Commission, and
forthwith direct its representative to investigate the case
and immediately report the matter to the Commission.
The board of canvassers, notwithstanding the fact that not
all the election returns have been received by it, may
terminate the canvass and proclaim the candidates elected
on the basis of the available election returns if the missing
election returns will not affect the results of the election.
Section 234. Material defects in the election returns. - If
it should clearly appear that some requisites in form or data
had been omitted in the election returns, the board of
canvassers shall call for all the members of the board of
election inspectors concerned by the most expeditious
means, for the same board to effect the correction:
Provided, That in case of the omission in the election
returns of the name of any candidate and/or his
corresponding votes, the board of canvassers shall require
the board of election inspectors concerned to complete the
necessary data in the election returns and affix therein their
initials: Provided, further, That if the votes omitted in the
returns cannot be ascertained by other means except by
recounting the ballots, the Commission, after satisfying
itself that the identity and integrity of the ballot box have
not been violated, shall order the board of election
inspectors to open the ballot box, and, also after satisfying
itself that the integrity of the ballots therein has been duly
preserved, order the board of election inspectors to count
the votes for the candidate whose votes have been omitted
with notice thereof to all candidates for the position
involved and thereafter complete the returns.
UNIVERSITY OF SANTO TOMAS
APEL - GARGANTIEL PROVIS [FINALS]
The right of a candidate to avail of this provision shall not
be lost or affected by the fact that an election protest is
subsequently filed by any of the candidates.
Section 235. When election returns appear to be
tampered with or falsified. - If the election returns
submitted to the board of canvassers appear to be tampered
with, altered or falsified after they have left the hands of the
board of election inspectors, or otherwise not authentic, or
were prepared by the board of election inspectors under
duress, force, intimidation, or prepared by persons other
than the member of the board of election inspectors, the
board of canvassers shall use the other copies of said
election returns and, if necessary, the copy inside the ballot
box which upon previous authority given by the
Commission may be retrieved in accordance with Section
220 hereof. If the other copies of the returns are likewise
tampered with, altered, falsified, not authentic, prepared
under duress, force, intimidation, or prepared by persons
other than the members of the board of election inspectors,
the board of canvassers or any candidate affected shall
bring the matter to the attention of the Commission. The
Commission shall then, after giving notice to all candidates
concerned and after satisfying itself that nothing in the
ballot box indicate that its identity and integrity have been
violated, order the opening of the ballot box and, likewise
after satisfying itself that the integrity of the ballots therein
has been duly preserved shall order the board of election
inspectors to recount the votes of the candidates affected
and prepare a new return which shall then be used by the
board of canvassers as basis of the canvass.
Section 236. Discrepancies in election returns. - In case
it appears to the board of canvassers that there exists
discrepancies in the other authentic copies of the election
returns from a polling place or discrepancies in the votes of
any candidate in words and figures in the same return, and
in either case the difference affects the results of the
election, the Commission, upon motion of the board of
canvassers or any candidate affected and after due notice to
all candidates concerned, shall proceed summarily to
determine whether the integrity of the ballot box had been
preserved, and once satisfied thereof shall order the
opening of the ballot box to recount the votes cast in the
polling place solely for the purpose of determining the true
result of the count of votes of the candidates concerned.
Section 237. When integrity of ballots is violated. - If
upon the opening of the ballot box as ordered by the
Commission under Sections 234, 235 and 236, hereof, it
should appear that there are evidence or signs of
replacement, tampering or violation of the integrity of the
ballots, the Commission shall not recount the ballots but
shall forthwith seal the ballot box and order its safekeeping.
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Section 238. Canvass of remaining or unquestioned
returns to continue. - In cases under Sections 233, 234,
235 and 236 hereof, the board of canvassers shall continue
the canvass of the remaining or unquestioned election
returns. If, after the canvass of all the said returns, it should
be determined that the returns which have been set aside
will affect the result of the election, no proclamation shall
be made except upon orders of the Commission after due
notice and hearing. Any proclamation made in violation
hereof shall be null and void.
Section 239. Watchers. - Each candidate, political party or
coalition of political parties shall be entitled to appoint one
watcher in the board of canvassers. The watcher shall have
the right to be present at, and take note of, all the
proceedings of the board of canvassers, to read the election
returns without touching them, to file a protest against any
irregularity in the election returns submitted, and to obtain
from the board of canvassers a resolution thereon.
Section 240. Election resulting in tie. - Whenever it shall
appear from the canvass that two or more candidates have
received an equal and highest number of votes, or in cases
where two or more candidates are to be elected for the same
position and two or more candidates received the same
number of votes for the last place in the number to be
elected, the board of canvassers, after recording this fact in
its minutes, shall by resolution, upon five days notice to all
the tied candidates, hold a special public meeting at which
the board of canvassers shall proceed to the drawing of lots
of the candidates who have tied and shall proclaim as
elected the candidates who may be favored by luck, and the
candidates so proclaimed shall have the right to assume
office in the same manner as if he had been elected by
plurality of vote. The board of canvassers shall forthwith
make a certificate stating the name of the candidate who
had been favored by luck and his proclamation on the basis
thereof.
Nothing in this section shall be construed as depriving a
candidate of his right to contest the election.
UNIVERSITY OF SANTO TOMAS
APEL - GARGANTIEL PROVIS [FINALS]
AN ACT PROVIDING FOR SYNCHRONIZED NATIONAL &
LOCAL ELECTIONS & FOR ELECTORAL REFORMS,
AUTHORIZING APPROPRIATIONS THEREFOR, & FOR
OTHER PURPOSES
RA 7166
Section 28. Canvassing by Provincial City, District and
Municipal Board of Canvassers. -
(a) The city or municipal board of canvassers shall canvass
the election returns of President, Vice-President, Senator
and Members of the House of Representatives and for
elective provincial and city or municipal officials. Upon
completion of the canvass, it shall prepare the certificate of
canvass for President, Vice-President, Senators and
Members of the House of Representatives and elective
provincial officials and thereafter, proclaim the elected city
or municipal officials, as the case may be.
(b) The city board of canvassers of cities comprising one or
more legislative districts shall canvass the election returns
for President, Vice-President, Senators, Members of the
House of Representatives and elective city officials. Upon
completion of the canvass, the board shall prepare the
certificate of canvass for President, Vice-President, and
Senators and thereafter, proclaim the elected Members of
the House of Representatives and city officials.
(c) (1) In the Metro Manila Area each municipality
comprising a legislative district shall have a district board
of canvassers which shall canvass the election returns for
President, Vice-President, Senators, Members of the House
of Representatives and elective municipal officials. Upon
completion of the canvass, it shall prepare the certificate of
canvass for President, Vice-President, and Senators and
thereafter, proclaim the elected Member of the House of
Representatives and municipal officials.
(2) Each component municipal in a legislative district in the
Metro Manila Area shall have a municipal board of
canvassers which shall canvass the election returns for
President, Vice-President, Senators, Members of the House
of Representatives and elective municipal officials. Upon
completion of the canvass, each shall prepare the certificate
of canvass for President, Vice-President, Senators and
Members of the House of Representatives and thereafter,
proclaim the elected municipal officials.
(3) The district board of canvassers of each legislative
district comprising two (2) municipalities in the Metro
Manila Area shall canvass the certificate of canvass for
President, Vice-President, Senators and Members of the
House of Representatives submitted by the municipal board
of canvassers of the component municipalities. Upon
completion of the canvass, it shall prepare a certificate of
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canvass for President, Vice-President and Senators and
thereafter, proclaim the elected Member of the House of
Representatives in the legislative district.
(d) The provincial board of canvassers shall canvass the
certificates of canvass for President, Vice-President,
Senators and Members of the House of Representatives and
elective provincial officials as well as plebiscite results, if
any plebiscite is conducted simultaneously with the same
election, as submitted by the board of canvassers of
municipalities and component cities. Upon completion of
the canvass, it shall prepare the certificate of canvass for
President, Vice-President and Senators and thereafter,
proclaim the elected Member of the House of
Representatives and provincial officials as well as the
plebiscite results, if any.
Section 29. Number of Copies of Certificates of Canvass
and their Distribution. -
(a) The certificate of canvass for President, Vice-President,
Senators and Members of the House of Representatives and
elective provincial officials shall be prepared in seven (7)
copies by the city or municipal board of canvassers and
distributed as follows:
(1) The first copy shall be delivered to the provincial board
of canvassers for use in the canvass of election results for
President, Vice-President, Senators and Members of the
House of Representatives and elective provincial officials;
(2) The second copy shall be sent to the Commission;
(3) The third copy shall be kept by the chairman of the
board;
(4) The fourth copy shall be given to the citizens arm
designated by the Commission to conduct a media-based
unofficial count; and
(5) The fifth, sixth and seventh copies shall be given to the
representatives of three (3) of the six (6) major political
parties in accordance with the voluntary agreement of the
parties. If no such agreement is reached, the Commission
shall decide which parties shall receive the copies of the
certificate of canvass on the basis of the criteria provided in
Section 26 hereof. The parties receiving the certificates shall
have the obligation to furnish the other parties with
authentic copies thereof with the least possible delay.
(b) The certificate of canvass for President, Vice-President,
Senators shall be prepared in seven (7) copies by the city
boards of canvassers of cities comprising one or more
legislative districts, by provincial boards of canvassers and
UNIVERSITY OF SANTO TOMAS
APEL - GARGANTIEL PROVIS [FINALS]
by district boards of canvassers in the Metro Manila Area,
and distributed as follows:
(1) The first copy shall be sent to the Congress, directed to
the President of the Senate for use in the canvass of election
results for President and Vice-President;
(2) The second copy shall be sent to the Commission for use
in the canvass of the election results for Senators;
(3) The third copy shall be kept by the chairman of the
board;
(4) The fourth copy shall be given to the citizens arm
designated by the Commission to conduct a media-based
unofficial count; and
(5) The fifth, sixth and seventh copies of the certificate of
canvass shall be given to any three (3) of the six (6)
accredited major political parties in accordance with the
voluntary agreement of the parties. If no such agreement is
reached, the Commission shall decide which parties shall
receive the copies of the certificate of canvass on the basis
of the criteria provided in Section 26 hereof. The parties
receiving the certificates shall have the obligation to furnish
the other parties with authentic copies thereof with the
least possible delay.
(c) The certificate of canvass prepared by the city of
municipal boards of canvassers shall each be supported by
a statement of votes by precinct, signed and thumbmarked
by the chairman and members of the board, and the
principal watchers if available. Thereafter, it shall be sealed
and placed inside an envelope which shall likewise be
properly sealed.
In the Metro Manila Area, the certificates of canvass
prepared by a district board of canvassers of a legislative
district comprising one (1) municipality shall be supported
by a statement of votes by precinct. The certificate of
canvass prepared by a district board of canvassers of a
legislative district comprising two (2) municipalities shall
be supported by a statement of votes by municipality.
The certificate of canvass prepared by the provincial board
of canvassers shall be supported by a statement of votes by
municipality, and the original copy thereof for the Congress
shall, in addition, be supported by statement of votes by
precinct as submitted to the provincial board of canvassers
by the city or municipal boards of canvassers. The same
requirement shall apply in the case of the certificate of
canvass of a district board of canvassers of a legislative
district comprising two (2) municipalities in Metro Manila
Area.
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Section 30. Congress as the National Board of
Canvassers for the Election of President and Vice-
President: Determination of Authenticity and Due
Execution of Certificates of Canvass. - Congress shall
determine the authenticity and due execution of the
certificate of canvass for President and Vice-President as
accomplished and transmitted to it by the local boards of
canvassers, on a showing that: (1) each certificate of
canvass was executed, signed and thumbmarked by the
chairman and members of the board of canvassers and
transmitted or caused to be transmitted to Congress by
them; (2) each certificate of canvass contains the names of
all of the candidates for President and Vice-President and
their corresponding votes in words and in figures; and (3)
there exists no discrepancy in other authentic copies of the
certificate of canvass or discrepancy in the votes of any
candidate in words and figures in the certificate.
When the certificate of canvass, duly certified by the board
of canvassers of each province, city or district, appears to be
incomplete, the Senate President shall require the board of
canvassers concerned to transmit by personal delivery, the
election returns from polling places that were not included
in the certificate of canvass and supporting statements. Said
election returns shall be submitted by personal delivery
within two (2) days from receipt of notice.
When it appears that any certificate 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 affect the result of
the election, upon request of the Presidential or Vice-
Presidential candidate concerned or his party, Congress
shall, for the sole purpose of verifying the actual number of
votes cast for President and Vice-President, count the votes
as they appear in the copies of the election returns
submitted to it.
THE ELECTORAL REFORMS LAW OF 1987
RA 6646
Section 25. Right to be Present and to Counsel During
the Canvass. - Any registered political party, coalition of
parties, through their representatives, and any candidate
has the right to be present and to counsel during the canvass
of the election returns: Provided, That only one counsel may
argue for each political party or candidate. They shall have
the right to examine the returns being canvassed without
touching them, make their observations thereon, and file
their challenges in accordance with the rules and
regulations of the Commission. No dilatory action shall
allowed by the board of canvassers.
Section 6. Effect of Disqualification Case. - Any candidate
who has been declared by final judgment to be disqualified
UNIVERSITY OF SANTO TOMAS
APEL - GARGANTIEL PROVIS [FINALS]
shall not be voted for, and the votes cast for him shall not be
counted. If for any reason a candidate is not declared by
final judgment before an election to be disqualified and he
is voted for and receives the winning number of votes in
such election, the Court or Commission shall continue with
the trial and hearing of the action, inquiry, or protest and,
upon motion of the complainant or any intervenor, may
during the pendency thereof order the suspension of the
proclamation of such candidate whenever the evidence of
his guilt is strong.
Section 7. Petition to Deny Due Course To or Cancel a
Certificate of Candidacy. - The procedure hereinabove
provided shall apply to petitions to deny due course to or
cancel a certificate of candidacy as provided in Section 78 of
Batas Pambansa Blg. 881.
ACT AMENDING RA 8436
RA 9369
SECTION 20. Section 21 of Republic Act No. 8436 is hereby
amended to read as follows:
"SECTION 25. Canvassing by Provincial, City, District
and Municipal Boards of Canvassers. - The city or
municipal board of canvassers shall canvass the votes for
the president, vice-president, senators, and parties,
organizations or coalitions participating under the party-
list system by consolidating the electronically transmitted
results or the results contained in the data storage devices
used in the printing of the election returns. Upon
completion of the canvass, it shall print the certificate of
canvass of votes for president, vice-president, senators and
members of the House of Representatives and elective
provincial officials and thereafter, proclaim the elected city
or municipal officials, as the case may be.
"The city board of canvassers of cities comprising one or
more legislative districts shall canvass the votes for
president, vice-president, senators, members of the House
Representatives and elective city officials by consolidating
the certificates of canvass electronically transmitted or the
results contained in the data storage devices used in the
printing of the election returns. Upon completion of the
canvass, the board shall produce the canvass of votes for
president, vice-president, and senators and thereafter,
proclaim the elected members of the House of
Representatives and city officials.
"In the Metro Manila area, each municipality comprising a
legislative district shall have a district board of canvassers
which shall canvass the votes for president, vice-president,
senators, members of the House of Representatives and
elective municipal officials by consolidating the
electronically transmitted results or the results contained
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in the data storage devices used in the printing of the
election returns. Upon completion of the canvass, it shall
produce the certificate of canvass of votes for president,
vice-president, and senators and thereafter, proclaim the
elected members of the House Representatives and
municipal officials.
"Each component municipality in a legislative district in the
Metro Manila area shall have a municipal board of
canvassers which shall canvass the votes for president, vice-
president, senators, members of the House of
Representatives and elective municipal officials by
consolidating the results electronically transmitted from
the counting centers or the results contained in the data
storage devices used in the printing of the election returns.
Upon completion of the canvass, it shall prepare the
certificate of canvass of votes for president, vice-president,
senators, members of the House of Representatives and
thereafter, proclaim the elected municipal officials.
"The district board of canvassers of each legislative district
comprising two municipalities in the Metro Manila area
shall canvass the votes for president, vice-president,
senators and members of the House of Representatives by
consolidating the certificates of canvass electronically
transmitted from the city/municipal consolidating centers
or the results contained in the data storage devices
submitted by the municipal board of canvassers of the
component municipalities. Upon completion of the canvass,
it shall produce a certificate of canvass of votes for
president, vice-president and senators and thereafter,
proclaim the elected members of the House of
Representatives in the legislative district.
"The district/provincial board of canvassers shall canvass
the votes for president, vice-president, senators, members
of the House of Representatives and elective provincial
officials by consolidating the results electronically
transmitted from the city/municipal consolidating centers
or the results contained in the data storage devices
submitted by the board of canvassers of the municipalities
and component cities. Upon completion of the canvass, it
shall produce the certificate of canvass votes for president,
vice-president and senators and thereafter, proclaim the
elected members of the House of Representatives and the
provincial officials.
"The municipal, city, district and provincial certificates of
canvass of votes shall each be supported by a statement of
votes.
"Within one hour after the canvassing, the Chairman of the
district or provincial Board of Canvassers or the city board
of canvassers of those cities which comprise one or more
legislative districts shall electronically transmit the
UNIVERSITY OF SANTO TOMAS
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certificates of canvass to the Commission sitting as the
national board of canvassers for senators and party-list
representatives and to the Congress as the National Board
of Canvassers for the president and vice president, directed
to the President of the Senate.
"The Commission shall adopt adequate and effective
measures to preserve the integrity of the certificates of
canvass transmitted electronically and the results in the
storage devices at the various levels of the boards of
canvassers.
"The certificates of canvass transmitted electronically and
digitally signed shall be considered as official election
results and shall be used as the basis for the proclamation
of a winning candidate."
SECTION 21. Section 22 of Republic Act No. 8436 is hereby
amended to read as follows:
"SECTION 26. Number of Copies of Certificates of
Canvass of Votes and Their Distribution. -
(a) The certificate of canvass of votes for president, vice-
president, senators, members of the House of
Representatives, parties, organizations or coalitions
participating under the party-list system and elective
provincial officials shall be produced by the city or
municipal board of canvassers and distributed as follows:
"(1) The first copy shall be delivered to the provincial board
of canvassers for use in the canvass of election results for
president, vice-president, senators, members of the House
of Representatives, parties, organizations or coalitions
participating under the party-list system and elective
provincial officials;
"(2) The second copy shall be sent to the Commission;
"(3) The third copy shall be kept by the chairman of the
board; and
"(4) The fourth copy shall be given to the citizens' arm
designated by the Commission to conduct an unofficial
count. It shall be the duty of the citizens' arm to furnish
independent candidates copies of the certificate of canvass
at the expense of the requesting party.
"(5) The fifth copy to Congress, directed to the President of
Senate;
"(6) The sixth copy to be posted on a wall within the
premises of the canvassing center;
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"(7) The seventh and eighth copies shall be given to the
dominant majority and minority parties;
"(8) The ninth to eighteenth copies shall be given to the ten
(10) accredited major national parties, excluding the
dominant majority and minority parties, in accordance with
a voluntary agreement among them. If no such agreement is
reached, the Commission shall decide which parties shall
receive the copies on the basis of the criteria provided in
Section 26 of Republic Act No. 7166;
"(9) The nineteenth and twentieth copies shall be given to
the two accredited major local parties in accordance with a
voluntary agreement among them. If no such agreement is
reached, the Commission shall decide which parties shall
receive the copies on the basis of criteria analogous to that
provided in Section 26 of Republic Act No. 7166;
"(10) The twenty-first to the twenty-fifth copies, to national
broadcast or print media entities as may be equitably
determined by the Commission in view of propagating the
copies to the widest extent possible;
"(11) The twenty-sixth and twenty-seventh copies, to local
broadcast or print media entities as may be equitably
determined by the Commission in view of propagating the
copies to the widest extent possible; and
"(12) The twenty-eighth to the thirtieth copies, to the major
citizens' arms, including the accredited citizens' arm, and
other non-partisan groups or organizations enlisted by the
Commission pursuant to Section 52(k) of Batas Pambansa
Blg. 881. Such citizens' arms, groups and organization may
use the three certified copies of election returns for the
conduct of citizens' quick counts at the local or national
levels."
"The board of canvassers shall furnish all other registered
parties copies of the certificate of canvass at the expense of
the requesting party.
"(b) The certificate of canvass of votes for president, vice-
president and senators, parties, organizations or coalitions
participating under the party-list system shall be produced
by the city boards of canvassers of cities comprising one or
more legislative districts, by provincial boards of
canvassers and by district boards of canvassers in the Metro
Manila area, and other highly urbanized areas and
distributed as follows:
"(1) The first copy shall be sent to Congress, directed to the
President of the Senate for use in the canvass of election
results for president and vice-president;
UNIVERSITY OF SANTO TOMAS
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"(2) The second copy shall be sent to the Commission for
use in the canvass of the election results for senators;
"(3) The third copy shall be kept by the chairman of the
board; and
"(4) The fourth copy shall be given to the citizens' arm
designated by the Commission to conduct an unofficial
count. It shall be the duty of the citizens' arm to furnish
independent candidates copies of the certificate of canvass
at the expense of the requesting party.
"(5) The fifth copy to Congress, directed to the President of
the Senate;
"(6) The six copy to be posted on a wall within the premises
of the canvassing center;
"(7) The seventh and eight copies to the dominant majority
and minority parties;
"(8) The ninth and tenth copies to two accredited major
national parties representing the majority and the minority,
excluding the dominant majority and minority parties, to be
determined by the Commission on the basis of the criteria
provided in Section 26 of Republic Act No. 7166;
"(9) The eleventh to thirteenth copies to national broadcast
media entities as may be equitably determined by the
Commission in view of propagating the copies to the widest
extent possible; and
"(10) The fourteenth copy to another citizens' arm or in the
absence thereof, to a non-partisan group or organization
enlisted by the Commission pursuant to Section 52(k) of
Batas Pambansa Blg. 881. Such citizens' arm or non-
partisan group or organization may use the copy of election
return for the conduct of citizens' quick counts at the local
or national levels.
"The board of canvassers shall furnish all other registered
parties copies of the certificate of canvass at the expense of
the requesting party.
"(c) The certificates of canvass printed by the provincial,
district, city or municipal boards of canvassers shall be
signed and thumb marked by the chairman and members of
the board and the principal watchers, if available.
Thereafter, it shall be sealed and placed inside an envelope
which shall likewise be properly sealed.
"In all instances, where the Board of Canvassers has the
duty to furnish registered political parties with copies of the
certificate of canvass, the pertinent election returns shall be
attached thereto, where appropriate."
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"Immediately after the sixth copy and its supporting
statement of votes are printed, the chairman of the board of
canvassers shall announce the posting of said prints on a
wall within the premises of the canvassing center, which
must be sufficiently lighted and accessible to the public. Any
person may view or capture an image of the Certificate of
Canvass or the supporting statement of votes by means of
any data capturing device such as, but not limited to,
cameras at any time of the day for forty-eight (48) hours
following the posting. After such period, the chairman of the
board of canvassers shall detach the election return from
the wall and keep the same in his custody to be produced as
may be requested by any voter for image or data capturing
or for any lawful purpose as may be ordered by competent
authority."
SECTION 22. Section 23 of Republic Act No. 8436 is hereby
amended to read as follows:
"SECTION 27. National Board of Canvassers for Senators
and Party-List Representatives. - The chairman and
members of the Commission on Elections sitting en banc,
shall compose the national board of canvassers for senators
and party-list representatives. It shall canvass the results by
consolidating the certificates of canvass electronically
transmitted. Thereafter, the national board shall proclaim
the winning candidates for senators and party-list
representatives."
SECTION 23. Section 24 of Republic Act No. 8436 is hereby
amended to read as follows:
"SECTION 28. Congress as the National Board of
Canvassers for President and Vice-President. - The
Senate and the House of Representatives in joint public
session shall compose the national board of canvassers for
president and vice-president. The certificate of canvass for
president and vice-president duly certified by the board of
canvassers of each province or city, shall be electronically
transmitted to the Congress, directed to the president of the
Senate. Upon receipt of the certificates of canvass, the
President of the Senate shall, not later than thirty (30) days
after the day of the election, open all the certificates in the
presence of the Senate and the House of Representatives in
joint public session and the Congress upon determination of
the authenticity and the due execution thereof in the
manner provided by law, canvass all the results for
president and vice-president and thereafter, proclaim the
winning candidates."
UNIVERSITY OF SANTO TOMAS
APEL - GARGANTIEL PROVIS [FINALS]
SECTION 24. A new Section 29 is hereby provided to reads
as follows:
"SEC 29. Random Manual Audit. - Where the AES is used,
there shall be a random manual audit in one precinct per
congressional district randomly chosen by the Commission
in each province and city. Any difference between the
automated and manual count will result in the
determination of root cause and initiate a manual count for
those precincts affected by the computer or procedural
error."
SECTION 25. A new Section 30 is hereby provided to read
as follows:
"SECTION 30. Authentication of Electronically
Transmitted Election Results. - The manner of
determining the authenticity and due execution of the
certificates shall conform with the provisions of Republic
Act No. 7166 as may be supplemented or modified by the
provisions of this Act, where applicable, by appropriate
authentication and certification procedures for electronic
data, electronic documents and electronic signatures as
provided in Republic Act No. 8792 as well as the rules
promulgated by the Supreme Court pursuant thereto."
i. Board of Canvassers
ACT AMENDING RA 8436
RA 9369
SECTION 5. Section 5 of Republic Act No. 8436 is hereby
amended to read as follows:
"SECTION 4. Information Technology Support for the
Board of Canvassers. - To implement the AES, each board
of canvassers shall be assisted by an information
technology-capable person authorized to operate the
equipment adopted for the elections. The Commission shall
deputize information technology personnel from among the
agencies and instrumentalities of the government, including
government-owned and controlled corporations. The per
diem of the deputized personnel shall be the same as that of
the members of the board of canvassers."
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E. Failure of Elections
OMNIBUS ELECTION CODE
BP 881
Section 6 Failure of election. - If, on account of force
majeure, violence, terrorism, fraud, or other analogous
causes the election in any polling place has not been held on
the date fixed, or had been suspended before the hour fixed
by law for the closing of the voting, or after the voting and
during the preparation and the transmission of the election
returns or in the custody or canvass thereof, such election
results in a failure to elect, and in any of such cases the
failure or suspension of election would affect the result of
the election, the Commission shall, on the basis of a verified
petition by any interested party and after due notice and
hearing, call for the holding or continuation of the election
not held, suspended or which resulted in a failure to elect
on a date reasonably close to the date of the election not
held, suspended or which resulted in a failure to elect but
not later than thirty days after the cessation of the cause of
such postponement or suspension of the election or failure
to elect.
F, Pre-proclamation Cases
OMNIBUS ELECTION CODE
BP 881
ARTICLE XX
PRE-PROCLAMATION CONTROVERSIES
Section 241. Definition. - A pre-proclamation controversy
refers to any question pertaining to or affecting the
proceedings of the board of canvassers which may be raised
by any candidate or by any registered political party or
coalition of political parties before the board or directly
with the Commission, or any matter raised under Sections
233, 234, 235 and 236 in relation to the preparation,
transmission, receipt, custody and appreciation of the
election returns.
Section 242. Commission's exclusive jurisdiction of all
pre-proclamation controversies. - The Commission shall
have exclusive jurisdiction of all pre-proclamation
controversies. It may motu proprio or upon written
petition, and after due notice and hearing, order the partial
or total suspension of the proclamation of any candidate-
elect or annual partially or totally any proclamation, if one
has been made, as the evidence shall warrant in accordance
with the succeeding sections.
UNIVERSITY OF SANTO TOMAS
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Section 243. Issues that may be raised in pre-
proclamation controversy. - The following shall be proper
issues that may be raised in a pre-proclamation
controversy:
(a) Illegal composition or proceedings of the board of
canvassers;
(b) The canvassed election returns are incomplete, contain
material defects, appear to be tampered with or falsified, or
contain discrepancies in the same returns or in other
authentic copies thereof as mentioned in Sections 233, 234,
235 and 236 of this Code;
(c) The election returns were prepared under duress,
threats, coercion, or intimidation, or they are obviously
manufactured or not authentic; and
(d) When substitute or fraudulent returns in controverted
polling places were canvassed, the results of which
materially affected the standing of the aggrieved candidate
or candidates.
Section 244. Contested composition or proceedings of
the board. - When the composition or proceedings of the
board of canvassers are contested, the board of canvassers
shall, within twenty-four hours, make a ruling thereon with
notice to the contestant who, if adversely affected, may
appeal the matter to the Commission within five days after
the ruling with proper notice to the board of canvassers.
After due notice and hearing, the Commission shall decide
the case within ten days from the filing thereof. During the
pendency of the case, the board of canvassers shall suspend
the canvass until the Commission orders the continuation
or resumption thereof and citing their reasons or grounds
therefor.
Section 245. Contested election returns. - Any candidate,
political party or coalition of political parties, contesting the
inclusion or exclusion in the canvass of any election returns
on any of the grounds authorized under this article or in
Sections 234, 235 and 236 of Article XIX shall submit their
verbal objections to the chairman of the board of canvassers
at the time the questioned returns is presented for inclusion
or exclusion, which objections shall be noted in the minutes
of the canvassing.
The board of canvassers upon receipt of any such objections
shall automatically defer the canvass of the contested
returns and shall proceed to canvass the rest of the returns
which are not contested by any party.
Within twenty-four hours from and after the presentation
of a verbal objection, the same shall be submitted in written
form to the board of canvassers. Thereafter, the board of
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canvassers shall take up each contested return, consider the
written objections thereto and summarily rule thereon. Said
ruling shall be made oral initially and then reduced to
writing by the board within twenty-four hours from the
time the oral ruling is made.
Any party adversely affected by an oral ruling on its/his
objection shall immediately state orally whether it/he
intends to appeal said ruling. The said intent to appeal shall
be stated in the minutes of the canvassing. If a party
manifests its intent to appeal, the board of canvassers shall
set aside the return and proceed to rule on the other
contested returns. When all the contested returns have
been ruled upon by it, the board of canvassers shall suspend
the canvass and shall make an appropriate report to the
Commission, copy furnished the parties.
The board of canvassers shall not proclaim any candidate as
winner unless authorized by the Commission after the latter
has ruled on the objections brought to it on appeal by the
losing party and any proclamation made in violation hereof
shall be void ab initio, unless the contested returns will not
adversely affect the results of the election.
Section 246. Summary proceedings before the
Commission. - All pre-proclamation controversies shall be
heard summarily by the Commission after due notice and
hearing, and its decisions shall be executory after the lapse
of five days from receipt by the losing party of the decision
of the Commission, unless restrained by the Supreme Court.
Section 247. Partial proclamation. - Notwithstanding the
pendency of any pre-proclamation controversy, the
Commission may, motu proprio or upon the filing of a
verified petition and after due notice and hearing, order the
proclamation of other winning candidates whose election
will not be affected by the outcome of the controversy.
Section 248. Effect of filing petition to annual or to
suspend the proclamation. - The filing with the
Commission of a petition to annual or to suspend the
proclamation of any candidate shall suspend the running of
the period within which to file an election protest or quo
warranto proceedings.
UNIVERSITY OF SANTO TOMAS
APEL - GARGANTIEL PROVIS [FINALS]
ARTICLE XIX
CANVASS AND PROCLAMATION
Section 233. When the election returns are delayed, lost
or destroyed. - In case its copy of the election returns is
missing, the board of canvassers shall, by messenger or
otherwise, obtain such missing election returns from the
board of election inspectors concerned, or if said returns
have been lost or destroyed, the board of canvassers, upon
prior authority of the Commission, may use any of the
authentic copies of said election returns or a certified copy
of said election returns issued by the Commission, and
forthwith direct its representative to investigate the case
and immediately report the matter to the Commission.
The board of canvassers, notwithstanding the fact that not
all the election returns have been received by it, may
terminate the canvass and proclaim the candidates elected
on the basis of the available election returns if the missing
election returns will not affect the results of the election.
Section 234. Material defects in the election returns. - If
it should clearly appear that some requisites in form or data
had been omitted in the election returns, the board of
canvassers shall call for all the members of the board of
election inspectors concerned by the most expeditious
means, for the same board to effect the correction:
Provided, That in case of the omission in the election
returns of the name of any candidate and/or his
corresponding votes, the board of canvassers shall require
the board of election inspectors concerned to complete the
necessary data in the election returns and affix therein their
initials: Provided, further, That if the votes omitted in the
returns cannot be ascertained by other means except by
recounting the ballots, the Commission, after satisfying
itself that the identity and integrity of the ballot box have
not been violated, shall order the board of election
inspectors to open the ballot box, and, also after satisfying
itself that the integrity of the ballots therein has been duly
preserved, order the board of election inspectors to count
the votes for the candidate whose votes have been omitted
with notice thereof to all candidates for the position
involved and thereafter complete the returns.
The right of a candidate to avail of this provision shall not
be lost or affected by the fact that an election protest is
subsequently filed by any of the candidates.
Section 235. When election returns appear to be
tampered with or falsified. - If the election returns
submitted to the board of canvassers appear to be tampered
with, altered or falsified after they have left the hands of the
board of election inspectors, or otherwise not authentic, or
were prepared by the board of election inspectors under
duress, force, intimidation, or prepared by persons other
than the member of the board of election inspectors, the
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board of canvassers shall use the other copies of said
election returns and, if necessary, the copy inside the ballot
box which upon previous authority given by the
Commission may be retrieved in accordance with Section
220 hereof. If the other copies of the returns are likewise
tampered with, altered, falsified, not authentic, prepared
under duress, force, intimidation, or prepared by persons
other than the members of the board of election inspectors,
the board of canvassers or any candidate affected shall
bring the matter to the attention of the Commission. The
Commission shall then, after giving notice to all candidates
concerned and after satisfying itself that nothing in the
ballot box indicate that its identity and integrity have been
violated, order the opening of the ballot box and, likewise
after satisfying itself that the integrity of the ballots therein
has been duly preserved shall order the board of election
inspectors to recount the votes of the candidates affected
and prepare a new return which shall then be used by the
board of canvassers as basis of the canvass.
Section 236. Discrepancies in election returns. - In case
it appears to the board of canvassers that there exists
discrepancies in the other authentic copies of the election
returns from a polling place or discrepancies in the votes of
any candidate in words and figures in the same return, and
in either case the difference affects the results of the
election, the Commission, upon motion of the board of
canvassers or any candidate affected and after due notice to
all candidates concerned, shall proceed summarily to
determine whether the integrity of the ballot box had been
preserved, and once satisfied thereof shall order the
opening of the ballot box to recount the votes cast in the
polling place solely for the purpose of determining the true
result of the count of votes of the candidates concerned.
AN ACT PROVIDING FOR SYNCHRONIZED NATIONAL &
LOCAL ELECTIONS & FOR ELECTORAL REFORMS,
AUTHORIZING APPROPRIATIONS THEREFOR, & FOR
OTHER PURPOSES
RA 7166
Section 15. Pre-proclamation Cases Not Allowed in
Elections for President Vice-President, Senator, and
Member of the House of Representatives. - For purposes
of the elections for President, Vice-President, Senator and
Member of the House of Representatives, no pre-
proclamation cases shall be allowed on matters relating to
the preparation, transmission, receipt, custody and
appreciation of the election returns or the certificates of
canvass, as the case may be. However, this does not
preclude the authority of the appropriate canvassing body
motu propio or upon written complaint of an interested
person to correct manifest errors in the certificate of
canvass or election returns before it.
UNIVERSITY OF SANTO TOMAS
APEL - GARGANTIEL PROVIS [FINALS]
Questions affecting the composition or proceedings of the
board of canvassers may be initiated in the board or directly
with the Commission in accordance with Section 19 hereof.
Any objection on the election returns before the city or
municipal board of canvassers, or on the municipal
certificates of canvass before the provincial board of
canvassers or district boards of canvassers in Metro Manila
Area, shall be specifically noticed in the minutes of their
respective proceedings.
Section 16. Pre-proclamation Cases Involving
Provincial, City and Municipal Offices. - Pre-
proclamation cases involving provincial, city and municipal
offices shall be allowed and shall be governed by Sections
17, 18, 19, 20, 21 and 22 hereof.
All pre-proclamation cases pending before the Commission
shall be deemed terminated at the beginning of the term of
the office involved and the rulings of the boards of
canvassers concerned shall be deemed affirmed, without
prejudice to the filing of a regular election protest by the
aggrieved party. However, proceedings may continue when
on the basis of the evidence thus far presented, the
Commission determined that the petition appears
meritorious and accordingly issues an order for the
proceeding to continue or when an appropriate order has
been issued by the Supreme Court in a petition for
certiorari.
Section 17. Pre-proclamation Controversies: How
Commenced. - Questions affecting the composition or
proceedings of the board of canvassers may be initiated in
the board or directly with the Commission. However,
matters raised under Sections 233, 234, 235 and 236 of the
Omnibus Election Code in relation to the preparation,
transmission, receipt, custody and appreciation of the
election returns, and the certificates of canvass shall be
brought in the first instance before the board of canvassers
only.
Section 18. Summary Disposition of Pre-proclamation
Controversies. - All pre-proclamation controversies on
election returns or certificates of canvass shall, on the basis
of the records and evidence elevated to it by the board of
canvassers, be disposed of summarily by the Commission
within seven (7) days from receipt thereof. Its decisions
shall be executory after the lapse of seven (7) days for
receipts by the losing party of the decision of the
Commission.
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Section 19. Consented Composition or Proceedings of
the Board: Period to Appeal: Decision by the
Commission. - Parties adversely affected by a ruling of the
board of canvassers on questions affecting the composition
or proceedings of the board may appeal the matter to the
Commission within three (3) days from a ruling thereon.
The Commission shall summarily decided the case within
five (5) days from the filing thereof.
Section 20. Procedure in Disposition of Contested
Election Returns. -
(a) Any candidate, political party or coalition of political
parties contesting the inclusion or exclusion in the canvass
of any election returns on any of the grounds authorized
under Article XX or Sections 234, 235 and 236 of Article XIX
of the Omnibus Election Code shall submit their oral
objection to the chairman of the board of canvassers at the
time the questioned return is presented for inclusion in the
canvass. Such objection shall be recorded in the minutes of
the canvass.
(b) Upon receipts of any such objection, the board of
canvassers shall automatically defer the canvass of the
contested returns and shall proceed to canvass the returns
which are not contested by any party.
(c) Simultaneous with the oral objection, the objecting
party shall also enter his objection in the form for written
objections to be prescribed by the Commission. Within
twenty-four (24) hours from and after the presentation of
such an objection, the objecting party shall submit the
evidence in support of the objection, which shall be attached
to the form for written objections. Within the same period
of twenty-four (24) hours after presentation of the
objection, any party may file a written and verified
opposition to the objection in the form also to be prescribed
by the Commission, attaching thereto supporting evidence,
if any. The board shall not entertain any objection or
opposition unless reduced to writing in the prescribed
forms.
The evidence attached to the objection or opposition,
submitted by the parties, shall be immediately and formally
admitted into the records of the board by the chairman
affixing his signature at the back of each every page thereof.
(d) Upon receipt of the evidence, the board shall keep up the
contested returns, consider the written objections thereto
and opposition, if any, and summarily and immediately
rules thereon. The board shall enter its ruling on the
prescribed form and authenticate the same by the
signatures of its members.
UNIVERSITY OF SANTO TOMAS
APEL - GARGANTIEL PROVIS [FINALS]
(e) Any part adversely affected by the ruling of the board
shall immediately inform the board if he intends to appeal
said ruling. The board shall enter said information in the
minutes of the canvass, set aside the returns and proceed to
consider the other returns.
(f) After all the uncontested returns have been canvassed
and the contested return ruled upon by it, the board shall
suspend the canvass. Within forty-eight (48) hours,
therefrom, any party adversely affected by the ruling may
file with the board a written and verified notice of appeal;
and within an unextendible period of five (5) days
thereafter an appeal may be taken to the Commission.
(g) Immediately upon receipt of the notice of appeal, the
board shall make an appropriate report to the Commission,
elevating therewith the complete records and evidence
submitted in the canvass, and furnishing the parties with
copies of the report.
(h) On the basis of the record and evidence elevate to it by
the board, the Commission shall decide summarily the
appeal within seven (7) days from receipt of said record and
evidence. Any appeal brought before the Commission on the
ruling of the board, without the accomplished forms and the
evidence appended thereto, shall be summarily dismissed.
The decision of the Commission shall be executory after the
lapse of seven (7) days from receipts thereof by the losing
party.
(i) The board of canvassers shall not proclaim any
candidate as winner unless authorized by the Commission
after the latter has ruled on the object brought to it on
appeal by the losing party. Any proclamation made in
violation hereof shall be void ab initio, unless the contested
returns will not adversely affect the results of the election.
Section 21. Partial Proclamation. - Notwithstanding the
pendency of any pre-proclamation controversy, the
Commission may summarily order the proclamation of
other winning candidates whose election will not be
affected by the outcome of the controversy.
Section 22. Election Contests for Municipal Offices. - All
election contests involving municipal offices filed with the
Regional Trial Court shall be decided expeditiously. The
decision may be appealed to the Commission within five (5)
days from promulgation or receipt of a copy thereof by the
aggrieved party. The Commission shall decide the appeal
within sixty (60) days after it is submitted for decision, but
not later than six (6) months after the filing of the appeal,
which decision shall be final, unappealable and executory.
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Section 30. Congress as the National Board of
Canvassers for the Election of President and Vice-
President: Determination of Authenticity and Due
Execution of Certificates of Canvass. - Congress shall
determine the authenticity and due execution of the
certificate of canvass for President and Vice-President as
accomplished and transmitted to it by the local boards of
canvassers, on a showing that: (1) each certificate of
canvass was executed, signed and thumbmarked by the
chairman and members of the board of canvassers and
transmitted or caused to be transmitted to Congress by
them; (2) each certificate of canvass contains the names of
all of the candidates for President and Vice-President and
their corresponding votes in words and in figures; and (3)
there exists no discrepancy in other authentic copies of the
certificate of canvass or discrepancy in the votes of any
candidate in words and figures in the certificate.
When the certificate of canvass, duly certified by the board
of canvassers of each province, city or district, appears to be
incomplete, the Senate President shall require the board of
canvassers concerned to transmit by personal delivery, the
election returns from polling places that were not included
in the certificate of canvass and supporting statements. Said
election returns shall be submitted by personal delivery
within two (2) days from receipt of notice.
When it appears that any certificate 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 affect the result of
the election, upon request of the Presidential or Vice-
Presidential candidate concerned or his party, Congress
shall, for the sole purpose of verifying the actual number of
votes cast for President and Vice-President, count the votes
as they appear in the copies of the election returns
submitted to it.
G. Election Contests
1987 Constitution
ARTICLE VII
EXECUTIVE DEPARTMENT
Section 4. The President and the Vice-President shall be
elected by direct vote of the people for a term of six years
which shall begin at noon on the thirtieth day of June next
following the day of the election and shall end at noon of the
same date, six years thereafter. The President shall not be
eligible for any re-election. No person who has succeeded as
President and has served as such for more than four years
shall be qualified for election to the same office at any time.
No Vice-President shall serve for more than two successive
terms. Voluntary renunciation of the office for any length of
time shall not be considered as an interruption in the
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continuity of the service for the full term for which he was
elected.
Unless otherwise provided by law, the regular election for
President and Vice-President shall be held on the second
Monday of May.
The returns of every election for President and Vice-
President, duly certified by the board of canvassers of each
province or city, shall be transmitted to the Congress,
directed to the President of the Senate. Upon receipt of the
certificates of canvass, the President of the Senate shall, not
later than thirty days after the day of the election, open all
the certificates in the presence of the Senate and the House
of Representatives in joint public session, and the Congress,
upon determination of the authenticity and due execution
thereof in the manner provided by law, canvass the votes.
The person having the highest number of votes shall be
proclaimed elected, but in case two or more shall have an
equal and highest number of votes, one of them shall
forthwith be chosen by the vote of a majority of all the
Members of both Houses of the Congress, voting separately.
The Congress shall promulgate its rules for the canvassing
of the certificates.
The Supreme Court, sitting en banc, shall be the sole judge
of all contests relating to the election, returns, and
qualifications of the President or Vice-President, and may
promulgate its rules for the purpose.
ARTICLE VI
THE LEGISLATIVE DEPARTMENT
SECTION 17. The Senate and the House of Representatives
shall each have an Electoral Tribunal, which shall be the sole
judge of all contests relating to the election, returns, and
qualifications of their respective Members. Each Electoral
Tribunal shall be composed of nine Members, three of
whom shall be Justices of the Supreme Court to be
designated by the Chief Justice, and the remaining six shall
be Members of the Senate or the House of Representatives,
as the case may be, who shall be chosen on the basis of
proportional representation from the political parties and
the parties or organizations registered under the party-list
system represented therein. The senior Justice in the
Electoral Tribunal shall be its Chairman.
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AN ACT PROVIDING FOR SYNCHRONIZED NATIONAL &
LOCAL ELECTIONS & FOR ELECTORAL REFORMS,
AUTHORIZING APPROPRIATIONS THEREFOR, & FOR
OTHER PURPOSES
RA 7166
Section 4. Postponement, Failure of Election and Special
Elections. - The postponement, declaration of failure of
election and the calling of special elections as provided in
Sections 5, 6 and 7 of the Omnibus Election Code shall be
decided by the Commission sitting en banc by a majority
vote of its members. The causes for the declaration of a
failure of election may occur before or after the casting of
votes or on the day of the election.
In case a permanent vacancy shall occur in the Senate or
House of Representatives at least one (1) year before the
expiration of the term, the Commission shall call and hold a
special election to fill the vacancy not earlier than sixty (60)
days nor longer than ninety (90) days after the occurrence
of the vacancy. However, in case of such vacancy in the
Senate, the special election shall be held simultaneously
with the succeeding regular election.
OMNIBUS ELECTION CODE OF THE PHILIPPINES
BP 881
ARTICLE XX
PRE-PROCLAMATION CONTROVERSIES
Section 248. Effect of filing petition to annual or to
suspend the proclamation. - The filing with the
Commission of a petition to annual or to suspend the
proclamation of any candidate shall suspend the running of
the period within which to file an election protest or quo
warranto proceedings.
ARTICLE XXI
ELECTION CONTESTS
Section 249. Jurisdiction of the Commission. - The
Commission shall be the sole judge of all contests relating to
the elections, returns, and qualifications of all Members of
the Batasang Pambansa, elective regional, provincial and
city officials.
Section 250. Election contests for Batasang Pambansa,
regional, provincial and city offices. - A sworn petition
contesting the election of any Member of the Batasang
Pambansa or any regional, provincial or city official shall be
filed with the Commission by any candidate who has duly
filed a certificate of candidacy and has been voted for the
same office, within ten days after the proclamation of the
results of the election.
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Section 251. Election contests for municipal offices. - A
sworn petition contesting the election of a municipal officer
shall be filed with the proper regional trial court by any
candidate who has duly filed a certificate of candidacy and
has been voted for the same office, within ten days after
proclamation of the results of the election.
Section 252. Election contest for barangay offices. - A
sworn petition contesting the election of a barangay officer
shall be filed with the proper municipal or metropolitan
trial court by any candidate who has duly filed a certificate
of candidacy and has been voted for the same office, within
ten days after the proclamation of the results of the election.
The trial court shall decide the election protest within
fifteen days after the filing thereof. The decision of the
municipal or metropolitan trial court may be appealed
within ten days from receipt of a copy thereof by the
aggrieved party to the regional trial court which shall
decide the case within thirty days from its submission, and
whose decisions shall be final.
Section 253. Petition for quo warranto. - Any voter
contesting the election of any Member of the Batasang
Pambansa, regional, provincial, or city officer on the ground
of ineligibility or of disloyalty to the Republic of the
Philippines shall file a sworn petition for quo warranto with
the Commission within ten days after the proclamation of
the results of the election.
Any voter contesting the election of any municipal or
barangay officer on the ground of ineligibility or of
disloyalty to the Republic of the Philippines shall file a
sworn petition for quo warranto with the regional trial
court or metropolitan or municipal trial court, respectively,
within ten days after the proclamation of the results of the
election.
Section 254. Procedure in election contests. - The
Commission shall prescribe the rules to govern the
procedure and other matters relating to election contests
pertaining to all national, regional, provincial, and city
offices not later than thirty days before such elections. Such
rules shall provide a simple and inexpensive procedure for
the expeditious disposition of election contests and shall be
published in at least two newspapers of general circulation.
However, with respect to election contests involving
municipal and barangay offices the following rules of
procedure shall govern:
(a) Notice of the protest contesting the election of a
candidate for a municipal or barangay office shall be served
upon the candidate by means of a summons at the postal
address stated in his certificate of candidacy except when
the protestee, without waiting for the summons, has made
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the court understand that he has been notified of the protest
or has filed his answer hereto;
(b) The protestee shall answer the protest within five days
after receipt of the summons, or, in case there has been no
summons from the date of his appearance and in all cases
before the commencement of the hearing of the protest or
contest. The answer shall deal only with the election in the
polling places which are covered by the allegations of the
contest;
(c) Should the protestee desire to impugn the votes
received by the protestant in other polling places, he shall
file a counter-protest within the same period fixed for the
answer serving a copy thereof upon the protestant by
registered mail or by personal delivery or through the
sheriff;
(d) The protestant shall answer the counter-protest within
five days after notice;
(e) Within the period of five days counted from the filing of
the protest any other candidate for the same office may
intervene in the case as other contestants and ask for
affirmative relief in his favor by a petition in intervention,
which shall be considered as another contest, except that it
shall be substantiated within the same proceedings. The
protestant or protestee shall answer the protest in
intervention within five days after notice;
(f) If no answer shall be filed to the contest, counter-protest,
or to the protest in intervention, within the time limits
respectively fixed, a general denial shall be deemed to have
been entered;
(g) In election contest proceedings, the permanent registry
list of voters shall be conclusive in regard to the question as
to who had the right to vote in said election.
Section 255. Judicial counting of votes in election
contest. - Where allegations in a protest or counter-protest
so warrant, or whenever in the opinion of the court the
interests of justice so require, it shall immediately order the
book of voters, ballot boxes and their keys, ballots and other
documents used in the election be brought before it and that
the ballots be examined and the votes recounted.
Section 256. Appeals. - Appeals from any decision
rendered by the regional trial court under Section 251 and
paragraph two, Section 253 hereof with respect to quo
warranto petitions filed in election contests affecting
municipal officers, the aggrieved party may appeal to the
Intermediate Appellate Court within five days after receipt
of a copy of the decision. No motion for reconsideration
shall be entertained by the court. The appeal shall be
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decided within sixty days after the case has been submitted
for decision.
Section 257. Decision in the Commission. - The
Commission shall decide all election cases brought before it
within ninety days from the date of their submission for
decision. The decision of the Commission shall become final
thirty days after receipt of judgment.
Section 258. Preferential disposition of contests in
courts. - The courts, in their respective cases, shall give
preference to election contests over all other cases, except
those of habeas corpus, and shall without delay, hear and,
within thirty days from the date of their submission for
decision, but in every case within six months after filing,
decide the same.
Section 259. Actual or compensatory damages. - Actual
or compensatory damages may be granted in all election
contests or in quo warranto proceedings in accordance with
law.
Section 260. Notice of decisions. - The clerk of court and
the corresponding official in the Commission before whom
an election contest or a quo warranto proceeding has been
instituted or where the appeal of said case has been taken
shall notify immediately the President of the Philippines of
the final disposition thereof. In election contests involving
provincial, city, municipal, or barangay offices, notice of
such final disposition shall also be sent to the secretary of
the local sanggunian concerned. If the decision be that none
of the parties has been legally elected, said official shall
certify such decision to the President of the Philippines and,
in appropriate cases, to the Commission.
RULES OF THE PRESIDENTIAL ELECTORAL TRIBUNAL
TITLE AND CONSTRUCTION
Rule 1. Title. - These Rules shall be known and cited as The
2010 Rules of the Presidential Electoral Tribunal. (R1a)
Rule 2. Definition of Terms. - When used in these Rules, the
following terms shall mean:
(a) Tribunal - the Presidential Electoral Tribunal,
sitting en banc or in Divisions;
(b) Automated Election System or AES - an election
system using appropriate technology in voting,
counting , consolidating, canvassing, transmitting
election results, and other electoral processes;
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(c) Precinct Count Optical Scan or PCOS - a
technology using an optical ballot scanner, located
in every precinct, that scans or reads paper ballots
that votes mark by hand and are inserted in the
scanner to be counted;
(d) Official Ballot - the paper ballot with the pre
printed names of all candidates and with ovals
corresponding to each of the names printed. The
ovals are the spaces where voters expresses their
choice by shading with a marking pen;
(e) Picture images of the ballot. - the image of the
ballot that the PCOS machine captures at the time
voter feeds the ballot into it, which images is
stored in a memory or removal data storage
device attached to the PCOS machines;
(f) Election Returns - the document showing the
date of the election, the province, city,
municipality and the period in which it is held, and
the votes in figures for each candidate in a
precinct or clustered precincts;
(g) Electronic Election Returns. - copies of the
election returns in electronic form generated by
the PCOS machine and electronically transmitted
to the Municipal or City Board of Canvassers for
the official canvass, to conduct a parallel count,
and the Kapisanan ng mga Brodkaster sa Pilipinas
KBP;
(h) Printed Election Returns - copies of the election
returns printed by the PCOS machine on paper
and authenticated by the manual signatures and
thumbmarks of the Board of Election Inspectors
(BEI);
(i) Electronic transmission - the act of conveying
data in electronic form from one location to
another;
(j) Canvass proceedings - the consolidation of
precinct election results for the Offices of the
President and Vice President at the municipal, city,
or district level; district election results at the
municipal or city level; municipal or city election
results at the provincial level; and provincial
election results at the national level, specifically
Congress, including the formal proclamation of the
winners in the elections;
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(k) Consolidation Machine - the machine used at
the canvass proceedings to consolidate precinct
results, municipal and city results, or provincial
results for purposes of getting the total votes of all
candidates for the Offices of the President and
Vice President;
(l) Statement of Votes by Precinct, Municipality,
City, District, Province, or Overseas Absentee Voting
(OAV) Station - a document in electronic and in
printed form generated by the canvassing or
consolidating machines or computers during the
canvass proceedings of the votes obtained by the
candidates for the Offices of the President and
Vice President in each precinct, municipality, city,
district, province, or OAV Station;
(m) City, municipal, district, or provincial certificate
of canvass - a document in electronic and in
printed form containing the total votes in figures
obtained by each candidate for the Offices of the
President and Vice President in a city,
municipality, district, or province, the electronic
form of which is the official canvass result and is
the result electronically transmitted to Congress;
(n) Certificate of Canvass and Proclamation - the
official printed document that contains the names
of the candidates for the Offices of the President
and Vice President who obtained the highest
number of votes and certifies to their
proclamation as winners;
(o) Data storage device - the device where
electronic documents are stored and from which
such documents may be obtained when necessary
to verify the accuracy and correctness of election
data; it includes the back-up storage device in
which authentic electronic copies of the data are
also stored;
(p) Audit log - the document that contains the list
of all activities performed by the PCOS machine
from the time it was switched on until the time it
was turned off; and
(q) Electronic document - information or the
representation of information, data, figures,
symbols, or other modes of written expression,
described or however represented, by which a fact
may be proved and affirmed, which is received,
recorded, transmitted, stored, processed, retrieve,
or produced electronically and includes digitally
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signed documents and any print-out or output,
readable by sight or other means, which
accurately reflects the electronic document.
For purposes of these Rules, electronic documents refer to
either the picture image of the ballots and electronic copies
of the election returns, of statements of votes, of
certificates of canvass, and of the other electronic data
relative to the processing done by the PCOS machines and
the various consolidation machines. (n)
Rule 3. Construction. - These Rules shall be liberally
constructed to achieve a just expeditious, and inexpensive
determination and disposition of every contest before the
Tribunal (R2)
THE TRIBUNAL
Rule 4. Meeting quorum and Divisions. - The President
Electoral Tribunal shall meet on such days and hours as it
may designate at the call of the Chairman or of a majority
of its Members. The presence of the majority of the
Members shall be necessary to constitute a quorum. In the
absence of the Chairman, the next senior Member shall
preside.
In the absence of a quorum, the Members present, who
shall not be less than five, may constitute themselves into
an executive body whose actions shall be subject to
confirmation by the Tribunal at its next regular meeting.
The Tribunal may constitute itself into Divisions for the
purpose of allocating and distributing its workload. Each
Division shall act on such matters as may be assigned to it
by the Tribunal. (R3)
Rule 5. Place of meetings. - The Tribunal or its Divisions
shall meet in the Session Hall of the Supreme Court or at
such other place as may be designated. (R4)
Rule 6. Control and supervision. - The Tribunal shall have
exclusive control and supervision of all matters pertaining
to its operation. (R5)
Rule 7. Express and implied powers. - The Tribunal shall
exercise all powers expressly vested in it by the
Constitution or by law, and such other powers as may be
inherent, necessary or incidental thereto for the
accomplishment of its purposes and functions. (R6)
Rule 8. Inherent powers. - The Tribunal shall have the
following inherent powers:
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(a) Preserve and enforce in proceedings before it
or before any of its Divisions or officials acting
under its authority;
(b) Administer or cause to be administered oaths
in any contest before it, and in any order matter
where it may be necessary in the exercise of its
powers;
(c) Compel the attendance of witnesses and
production of evidence in any contest before it.
(d) Compel obedience to its decisions, resolutions,
orders and processes;
(e) Control its processes and amend its decisions,
resolutions or orders to make them conformable
to law and justice;
(f) Authorize a copy of a lost or destroyed pleading
or other paper to be filed and used instead of the
original copy thereof, and to restore and supply
deficiencies in its records and proceedings; and
(g) Promulgate its own rules of procedure and
amend or revise the same (R7)
Rule 9. Powers and duties of the Chairman. - The Chairman
shall have the following powers;
(a) Issue calls for the sessions of the Tribunal;
(b) Preside the sessions of the Tribunal;
(c) Preserve order and decorum during the
sessions and for that purpose take such steps as
may be convenient or as the Tribunal may direct;
(d) Enforce the discussions, resolutions and
orders of the Tribunal;
(e) With the concurrence of the Tribunal and in
accordance with the provisions of the Civil Service
Law, appoint the employees of the Tribunal and
impose disciplinary sanctions on them, including
dismissal from the service. The confidential
employees of every Member shall serve at his
pleasure and in no case beyond his own term;
(f) Exercise administrative supervision over the
personnel of the Tribunal, including the Office of
the Clerk of the Tribunal; and
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(g) Perform such other functions and acts as may
be necessary or appropriate to ensure the
efficiency of the Tribunal. (R8)
Rule 10. Administrative Staff of the Tribunal. - The
Tribunal shall have a Clerk and a Deputy Clerk. Unless the
Tribunal provides otherwise, the administrative staff of the
Tribunal shall be composed of the following:
(a) Canvass Board Division
(b) Legal Division
(c) Information Systems and Judicial Records
Management Division
(d) Personnel Division
(e) Finance and Budget Division
(f) Accounting Division
(g) Cash Division. (R9)
Rule 11. The Clerk of the Tribunal. - The Tribunal may
designate the Clerk of the Supreme Court as the Clerk of
the Tribunal who shall perform the following duties:
(a) Receive all pleadings and other documents
properly presented, indicating on each document
the date and time of its filling and furnishing each
Member a copy;
(b) Keep a separate docket wherein shall be
entered in chronological order election
contests, quo warranto cases and proceedings had
therein;
(c) Certify under the Seal of the Tribunal its
decisions, resolutions, orders and notices;
(e) Keep a judgement book containing a copy of
each decision, final order or resolution rendered
by the Tribunal in the order of their dates, and a
Book of entries of Judgement containing in
chronological order entries of the dispositive
portions of all decisions, final orders or
resolutions of the Tribunal;
(f) Implement the decisions, resolutions, orders
and processes issued by the Tribunal;
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(g) Keep and secure all scanned ballots stored in
their ballot boxes, the minutes of voting and
counting of votes, the printed election returns, the
statements of votes (SOVs), the certificates of
canvass (COCs), the certificate of canvass and
proclamation (COCP) and other documents used
in the counting, canvassing, and consolidation of
votes as well as their equivalent electronic
documents saved and stored in accordance with
the election rules;
(h) Keep an inventory and have the custody of the
Seal and other public property belonging to or
assigned for the use of the Tribunal;
(I) Keep an account of the funds set aside for the
expenses of the Tribunal, as well as the funds
received and disbursed relative to the cases; and
(j) Keep such other books and perform such other
duties as are prescribed by law for the Clerk of the
Supreme Court as the Tribunal may direct.
The Deputy Clerk shall assist the Clerk of the Tribunal and
shall perform such other duties and functions as may be
assigned to him by the latter. (R10)
Rule 12. The Seal. - The Seal of the Tribunal shall be
circular in shape and shall contain in the upper part the
words "Presidential Electoral Tribunal" in the center the
coat of arms of the Government of the Philippines and at
the base the name "Republic of the Philippines."
The Seal of the Tribunal shall be affixed to all decisions,
rulings, resolutions, orders or notices of the Tribunal,
certified copies of the official records and such other
documents which the Tribunal may require to be sealed.
(R11)
ELECTION CONTESTS
Rule 13. Jurisdiction. - The Tribunal shall be the sole judge
of all contests relating to the election, returns, and
qualifications of the President or Vice-President of the
Philippines. (R12)
Rule 14. How initiated. - An election contest is initiated by
the filing of an election protest or a petition for quo
warranto against the President or Vice- President. An
election protest shall not include a petition for quo
warranto. A petition for quo warranto shall not include an
election protest. (R13)
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Rule 15. Election Protest. - The registered candidate for
President or Vice-President of the Philippines who
received the second or third highest number of votes may
contest the election of the President or Vice-President, as
the case may be, by filing a verified election protest with
the Clerk of the Presidential Electoral Tribunal within
thirty days after the proclamation of the winner. (R14)
Rule 16. Quo warranto. - A verified for quo
warranto contesting the election of the President or Vice -
President on the ground of ineligibility or disloyalty to the
Republic of the Philippines may filed by any registered
voter who has voted in the election concerned within ten
days after the proclamation of the winner. (R16)
Rule 17. Contents of the protest or petition. - (A) An
election protest or petition for quo warranto shall
commonly state the following facts:
(a) the position involved;
(b) the date of proclamation; and
(c) the number of votes credited to the
parties per the proclamation.
(B) A quo warranto petition shall as state:
(a) the facts giving the petitioner standing
to the file the petition;
(b) the legal requirements for the office
and the disqualifications prescribed by
law;
(c) the protestee's ground for ineligibility
or the specific acts of disloyalty to the
Republic of the Philippines
(C) An election protest shall also state:
(a) that the protestant was a candidate
who had duly filed a certificate of
candidacy and had been voted for the
same office.
(b) the total umber of precincts of the
region, province, or city concerned;
(c) the protested precincts and votes of
the parties to the protest in such precincts
per the Statement of Votes By Precincts,
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or if the votes of the parties are not
specified, an explanation why the votes
are not specified ; and
(d) a detailed specification of the acts or
omissions complained of showing the
electoral frauds, anomalies, or
irregularities in the protested precincts.
(n)1avvphi1
Rule 18. Extensions of time. - The periods provided in
Rules 15 and 16 above are jurisdictional and cannot be
extended. (R17a)
Rule 19. Damages. - Actual or compensatory, moral and
exemplary damages as provided by law may be claimed in
election protest or quo warranto proceedings when
warranted. (R18)
Rule 20. Petitions to be filed with the Tribunal. - Election
protests and petitions for quo warranto may be filed with
the Office of the Clerk of the Tribunal in eighteen legible
copies. The Clerk shall indicate on the petition the date and
hour of receipt. (R19)
Rule 21. Summary dismissal of election contest. - An
election protest or petition for quo warranto may be
summarily dismissed by the Tribunal without requiring
the protestee or respondent to answer if, inter alia:
(a) the protest or petition is insufficient in form
and substance;
(b) the protest or petition is filed beyond the
periods provided in Rules 15 and 16;
(c) the filing fee is not paid within the periods
provided in Rules 15 and 16;
(d) the cash deposit or the first Two Hundred
Thousand Pesos (P 200,000.00) is not paid within
ten days after the filing of the protest; and
(e) the protest or petition or copies and their
annexes filed with the Tribunal are not clearly
legible. (R20a)
SUMMONS, ANSWERS AND COUNTER-PROTESTS
Rule 22. Summons. - If the election protest or the petition
for quo warranto is not summarily dismissed in
accordance with the immediately preceding Rule, Clerk of
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the Tribunal shall issue the corresponding summons to the
protestee or respondent together with a copy of the
protest or petition requiring him to file an answer within
ten days from receipt of the summons. (R21)
Rule 23. Answer. - The answer shall be verified and may
set forth special and affirmative defenses. The protestee or
respondent may incorporate in his answer a counter -
protest or ten days from receipt of summons in eighteen
clearly legible copies with proof of service of a copy upon
the protestant or petitioner. (R22)
Rule 24. Counter - protest. - A counter-protest must be
verified and filed within ten days from receipt of the
summons and the protest. The counter-protestee shall
answer the counter-protest within ten days from receipt of
a copy thereof. (R23)
Rule 25. Motion to dismiss. - No motion to dismiss shall be
entertained. Instead any ground for a motion to dismiss
may be pleaded ad an affirmative defense in the answer to
the protest or counter-protest or petition for quo
warranto. In the exercise of its discretion, the Tribunal
may hold a preliminary hearing on such ground. (R24)
Rule 26. Extensions of time. - No motion to dismiss shall be
entertained. Instead, any ground for a motion to dismiss
may be pleade3d ad an affirmative defense in the answer
to the protest or counter-protest or petition for quo
warranto. In the exercise of its discretion, the Tribunal
may hold a preliminary hearing on such ground. (R24)
Rule 27. Failure to answer; effect. - If no answer is filed to
the protest, counter-protest or the petition for quo
warranto within the period fixed in theses Rules, a general
denial shall be deemed to have been entered. (R26)
Rule 28. Amendments, limitations. - After the expiration of
the period for filing of the protest, counter-protest or
petition for quo warranto, no substantial amendments
which broaden the scope of the action or introduce an
additional cause of action shall be allowed. An amendment
involving from may be admitted at any stage of the
proceedings.
After the period for receiving the evidence has
commenced, no amendment to the pleadings affecting the
merits of the case shall be granted except for justifiable
reasons.
When the Tribunal admits an amended protest, counter-
protest or petition, it may require the other party to
answer the same within ten days from service of a copy of
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such amended protest, counter-protest or petition of the
resolution admitting the same. (R27)
Rule 29. Preliminary Conference. -
(a) Purpose. - After the filing of the last pleading,
the Tribunal shall order a preliminary conference
to consider:
(1) the possibility of obtaining
stipulations or admissions of facts and
documents to avoid unnecessary proof;
(2) the simplification of issues;
(3) the limitation of number of witnesses;
(4) the most expeditious manner for the
retrieval of ballot boxes containing the
ballots, election returns, certificates of
canvass and other election documents
involved in the election protest; and
(5) such other matters as may aid in the
prompt disposition of the election protest
or petition for quo warranto.
(b) Preliminary conference brief. - The parties shall
file with the Tribunal and serve on the adverse
party a preliminary conference brief at least five
days before the date of the preliminary
conference, which shall contain:
(1) stipulations or admissions of facts and
documents;
(2) the issues to be resolved;
(3) the numbers and names of witnesses,
and the nature and substance of their
respective testimonies;
(4) the list of not more than three
provinces which the parties may
designate pursuant to Rule 65; and
(5) the proposal on the prompt
disposition of the case.
(c) Preliminary conference order. - The tribunal
shall issue an order reciting the matters taken up
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during the preliminary conference and the action
thereon. (R28)
Rule 30. Other pleadings; how filed. - Except for the
original election protest or petition for quo
warranto which the Tribunal itself serves on the adverse
party, together with the summons, all other pleadings shall
be filed with the Office of the Clerk of the Tribunal in
eighteen clearly legible copies and must be accompanied
with proof of service of a complete copy upon the adverse
party or parties.
No action shall be taken on pleadings that fail to comply
with this Rule. (R29)
Rule 31. Proof of service. - Proof of personal service shall
consist of a written admission of the party served or the
affidavit of the party serving, containing a full statement of
the date, place and manner of the service. If service is
made by registered mail, proof shall be made by affidavit
of the sender and the registry receipt issued by the mailing
office. The registry return card shall be filed with the
Tribunal immediately upon receipt of the sender or, in lieu
thereof, the unclaimed letter together with a certified
sworn copy of the notice given by the postmaster to the
addressee, as the case may be. A resort to modes other
than personal service must be accompanied by a written
explanation why the service or filing was not done
personally. (R30)
FILING FEES, CHARGES AND DEPOSITS
Rule 32. Filing fees. - No protest, counter-protest or
petition for quo warranto shall be deemed filed without
payment to the Tribunal of the filing fee in the amount of
One Hundred Thousand Pesos (P100,000.000).
If a claim for damages or attorney's fees is set forth in a
protest, counter-protest or petition for quo warranto. An
additional filing fee shall be paid, which shall be, If the sum
is claimed is :
Not more than P20,000 . . . . .
P240.00
............
More than P20,000 but less
P300.00
than P40,000 . .
P40,000 or more but less
P400.00
than P60,000 . . . .
P60,000 or more but less
P500.00
than P80,000 . . . .
UNIVERSITY OF SANTO TOMAS
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P80,000 or more but less
P800.00
than P100,000 . . .
P100,000 or more but less P1200.0
than P150,000 . 0 Rule 35.* Other legal fees. - The following legal fees shall
For each P1,000 in excess of
P100.00 (R31a)
P150,000 .
Rule 33. Cash deposit. - In addition to the fees mentioned
above, each protestant or counter-protestant shall make a
cash deposit with the Tribunal in the following amounts:
(a) If the protest or counter-protest does not
require the bringing to the Tribunal of ballot
boxes and other election documents and
paraphernalia, Twenty Thousand Pesos
(P20,000);
(b) If the protest or counter-protest requires the
bringing of the ballot boxes and election
documents or paraphernalia, Five Hundred Pesos
(P500.00) for each precinct involved. If the
amount of the deposit does not exceed Two
Hundred Thousand Pesos (P200,000.00), the same
shall be made in full with the Tribunal within ten
days after the filing of the protest or counter-
protest; and
(c) If the amount of the deposit exceeds Two
Hundred Thousand Pesos (P200,000.00), a partial
deposit of at least Two Hundred Thousand Pesos
(P200,000.00) shall be made within ten days after
filing of the protest or counter-protest. The
balance shall be made in such installments as may
be required by the Tribunal on at least five days
advance notice to the party required to make
deposit.
The cash deposit shall be applied by the Tribunal to the
payment of all expenses incidental to the bringing of the
ballot boxes and election documents or paraphernalia to
the Tribunal and returning them after the case is
terminated, and to the compensation of the members of
the revision committees. When the Tribunal determines
that the circumstances demand, it may require additional
cash deposits. Any unused cash deposit shall be returned
to the protestant or counter-protestant after complete
termination of the protest or counter-protest. (R32a)
Rule 34. Effect of failure to make cash deposit. - If a party
fails to make the cash deposits or additional deposits
herein required within the prescribed time limit, the
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Tribunal may dismiss the protest or counter-protest, or
take such action as it may deem equitable under the
circumstances. (R33)
be charged and collected:
(a) For furnishing certified transcripts of records
or copies of any decision, resolution, record or
entry to which any person is entitled to demand
and receive a copy, for each page. . . . . P20.00
The certification is charged separately in the
amount of . . . P200.00
(b) For furnishing certified transcripts of notes
taken by stenographers to every person
requesting the same for each page of not less than
two hundred and fifty words. . P 20.00
(c) For every search for anything above a year's
standing and reading the same. . . P200.00
(d) For every certificate not on process. . . .
P100.00 (R34a)
PRODUCTION AND CUSTODY OF BALLOT BOXES,
ELECTION DOCUMENTS, DATA STORAGE DEVICES, AND
MACHINES USED IN ELECTIONS
Rule 36. Issuance of precautionary order. - Where the
allegations in a protest so warrant, the Tribunal shall,
simultaneous with the issuance of summons, order the
municipal treasurer and election officer, and the
responsible personnel and custodian to take immediate
steps or measures to safeguard the integrity of all the
ballot boxes and their contents, lists of voters with voting
records, books of voters, and other documents or
paraphernalia used in the election, as well as data storage
devices containing electronic data evidencing the conduct
and the results of elections in the contested precincts. (n)
Rule 37. When ballot boxes and election documents are
brought before the Tribunal. -
(a) Within forty-eight hours from receipt of the
answer with counter-protest, if any, the Tribunal
shall, when the allegations in a protest or counter-
protest warrants, order the ballot boxes and their
contents with their keys, lists of voters with voting
records, books of voters, the electronic data
storage devices, and other documents,
paraphernalia, or equipments relative to the
UNIVERSITY OF SANTO TOMAS
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precincts involved in the protest or counter-
protest, to be brought before it. (R35a)
(b) The Tribunal shall notify the parties of the date
and time for the retrieval of the above-named
items from their respective custodians. The
parties may send representatives to witness the
same. The absence, however, of a representative
of a party shall not be reason to postpone or delay
the bringing of the ballot boxes, election
documents, and data storage device, into the
custody of the Tribunal. (n)
(c) The Tribunal may, in its discretion, seek the
assistance of the Philippine National Police or the
Armed Forces of the Philippines in ensuring the
safe delivery of the ballot boxes and election
paraphernalia into the custody of the Tribunal. (n)
(d) Where any of the ballot boxes, ballots, election
returns, election documents or paraphernalia
mentioned in the first paragraph above are also
involved in election contests before other for
a, such as the Senate Electoral Tribunal or the
House of Representatives Electoral Tribunal, the
Tribunal shall have preferential right over the
custody and revision of ballots involved in
simultaneous protests. The Tribunal shall,
however, make the appropriate coordination and
request with the other electoral bodies involved as
to temporary prior custody of ballot boxes and
revision of ballots and other documents and
storage devices, or the synchronization of such
recount of ballots. (R35a)
(e) The expenses necessary and incidental to the
bringing of the ballot boxes, election documents,
and devices shall be shouldered and promptly
paid by the protestant and counter-protestant, if
any, in proportion to the precincts involved. The
expenses necessary and incidental to the return of
the ballot boxes, election documents, and storage
devices to their original custodians or the proper
electoral bodies after the termination of the case
shall be shared proportionately by the protestant
and protestee based on the number of precincts
respectively contested by7 them, (R36a)
REVISION OF VOTES
Rule 38. Start of revision. - The revision of votes shall
commence on the date specified in the preliminary
conference order, unless rescheduled by the Tribunal. (n)
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Rule 39. Revision Committees; under the Tribunal's
supervision. -
(a) The Tribunal shall constitute such number of
Revision Committees (RC) as may be necessary.
The Tribunal's Clerk of Court shall submit a list of
such committees to the Chairman of the Tribunal
for his approval. (R37a)
(b) Each RC shall be composed of a Coordinator
who shall be a lawyer of the Tribunal, a recorder, a
clerk, a typist, and a ballot box custodian and one
representative each from the protestant and the
protestee. The Chairman of the Tribunal shall
designate the RC Coordinators from among its
personnel. The parties shall also designate their
respective alternative representatives. (R37a)
(c) The RCs shall conduct the revision of votes in
the Tribunal', premises or at such other places as
it may designate but in every case under its strict
supervision. The members of the RCs shall
discharge their duties with the highest degree of
integrity, conducting the proceedings with the
same dignity and discipline as if undertaken by the
Tribunal itself. They shall exercise extraordinary
diligence and take precautionary measures to
prevent the loss, disappearance or impairment of
the integrity of the ballots and other election
documents, whether electronic or printed, and
other election paraphernalia. (n)
Rule 40. Compensation of the members of the RCs. - The
Tribunal shall fix the compensation of the members of the
RCs, including the fees for the supplies and materials at
One Thousand Five Hundred Pesos (P1,500) per clustered
precinct and shall be distributed as follows:
(a) Chairman P540.00
(b) Recorder P240.00
(c) Ballot Box Custodian P240.00
(d) Typist P240.00
(e) Supplies/materials P184.00
The amount of P6.00 shall also be allocated for storage of
the election paraphernalia and P50.00 for the honoraria of
the warehouse handlers. The representatives of the parties
shall be directly compensated by their respective
principals or by the parties themselves. (n)
UNIVERSITY OF SANTO TOMAS
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Rule 41. Continuous revision - Once commenced the
revision of votes shall continue from day to day as far as
practicable until terminated.
(a) Period for revision - The revision shall be
conducted from 8:30 o ,clock in the morning to
12:00 noon and from 1:30 to 4:30 o'clock in the
afternoon from Monday to Friday except on non-
working holidays The members of the RCs may
take a fifteen-minute break in each session. (n)
(b) Revision to continue even if a party
representative is absent or late - The revision of
votes shall not be delayed or postponed by reason
of the absence or tardiness of a party
representative as long as the RC Coordinator and
one party representative are present. The
Chairman of the Tribunal may at any time
designate another Coordinator if the regular
Coordinator fails for any reason to report. (n)
(c) If the representative of the protestee is absent or
late - If the representative of the protestee is
absent or late for thirty minutes and no
alternative appears as a substitute the revision
shall nevertheless commence the protestee shall
be deemed to have waived right to appear and to
object to the ballots in the precinct or precincts
scheduled for revision on that particular day. (n)
(d) if the representative of protestant or counter-
protestant or of both parties fail to appear- If the
representative of the protestant or of both parties
and alternates fail to appear for no justifiable
reason within one hour after fixed hours from the
start of the revision the ballot boxes scheduled for
that day and the corresponding keys in the
possession of the chairperson shall be returned to
the ballot box custodian of the Tribunal and shall
no longer be revised it is understood that the
parties waive their right to revise the same and
the RC Coordinator concerned shall state such
facts in the corresponding RC report. (n)
Rule 42. Prohibited access - During the revision of votes no
person other than the Members of the Tribunal the clerk of
the Commission the RC Coordinator and the members of
the RCs the parties and their duly authorized
representatives shall have access to the revision area. (n)
Rule 43. Conduct of the revision - The revision of votes
shall be done through the use of appropriate PCOS
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machine or manually and visually as the Tribunal may
determine and according to the following procedures:
(a) The date and place of the revision and the
number of the RCs shall be set during the
preliminary conference. (n)
(b) The RCs shall convene at the appointed place
and on the appointed day. (n)
(c) The ballot boxes containing the ballots from
the protested precincts the data storage device
used in such precincts as well as the machine or
any device that can be used to authenticate or
assure the genuineness of the ballots shall be
brought to the venue of revision on the same day.
(n)
(d) The different RCs shall be provided with an
adequate workspace with tables and chairs that
would enable them to perform the revision in an
efficient and transparent manner. (n)
(e) The RCs shall upon the request in writing of
the parties randomly pick the precinct that would
be the subject of the revision. (n)
(f) Before opening the ballot box the RCs shall
note its condition as well as that of the locks or
locking mechanism and record the condition in
the revision report From its observation the RCs
must also make a determination as to whether the
integrity of the ballot box has been preserved.
(R40a)]
(g) The ballot box shall then be opened and the
ballots shall be taken out. The "valid" ballots shall
first be counted without regard to the votes
obtained by the parties. This will be followed by
the counting of the torn unused and stray ballots
as classified at the polling place. (n)
(h) The votes appearing in election returns copy
for the ballot box shall then be recorded in the
minutes. (n)
(i) Prior the actual conduct of the revision of the
votes the RC must authenticate each and every
ballot to make sure that they were the same
ballots that were cast and fed to the PCOS machine
during the elections. The authentication shall be
through the use of the PCOS machine actually used
during the elections in the subject precinct or by
UNIVERSITY OF SANTO TOMAS
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another device certified by the Commission on
Elections (COMELEC) as one that can perform the
desired authentication requirement through the
use of bar code and ultra-violet ray code detection
mechanism. (n)
(j) Only when the RC through its coordinator
determines that the integrity of the ballots has
been preserved will the revision proceed. (n)
(k) Upon such determination the RC shall then
look at the ballot and count the votes as registered
in each and every one of them for the contested
position. (n)
(I) In looking at he shades or marks used to
register votes the RC shall bear in mind that the
will of the voters reflected as votes in the ballots
shall as much as possible be given effect setting
aside any technicalities. Furthermore the votes
thereon are presumed to have been made by the
voter and shall be considered as such unless
reasons exist that will justify their rejection.
However marks or shades which are less than
50% of the oval shall not be considered as valid
votes. Any issue as to whether a certain mark or
shade is within the threshold shall be determined
by feeding the ballot on the PCOS machine and not
by human determination. (n)
(m) The rules on appreciation of ballots under
Section 211 of the Omnibus Election Code shall
apply suppletorily when appropriate. (n)
(n) There shall be a tally sheet when conducting a
manual count of at least 5 copies plus additional
copies depending on the number of additional
parties that will be used for the tallying of the
votes as they are counted though the use of the
tara or stick. (n)
(o) After all the ballots from one ballot box have
been counted the RC shall secure the contested
ballots and complete the revision report for said
precinct. Thereafter it shall proceed to revise the
votes on the ballots from the next precinct. (n)
(p) In case of multiple RCs the revision shall be
done simultaneously.
(q) In the event that the RC determines that the
integrity of the ballots box was not preserved as
when there is proof of tampering or substitution it
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shall proceed to instruct the printing of the picture
image of the ballots of the subject precinct stored
in the data storage device for the same precinct.
The Tribunal may avail itself of the assistance of
the COMMELEC for the service of the service of a
non-partisan technical person who shall conduct
the necessary authentication process to ensure
that the data or images stored are genuine and not
merely substitutes. It is only upon such
determination that the printed picture image can
be used for the revision of votes. (n)
Rule 44. Preparation and submission of revision report. -
The RCs shall prepare and submit to the Tribunal a
revision report per precinct stating the following:
(a) The precinct number
(b) The date, place and time of revision
(c) The condition and serial numbers of the
following:
(1) Ballot boxes
(2) Locks; and
(3) Data storage device
(d) The votes of the parties per physical count of
the paper ballots.
(e) The votes of the parties per ballot-box copy of
the election returns
(f) The number of ballots questioned by the
parties indicating their exhibit number
(g) The number of torn unused and stray ballots
(h) The entries in the Minutes of Voting and
Counting particularly
(1) The number of registered voters
(2) The number of voters who actually
voted
(3) The number of official ballots together
with their serial number used in the
election
UNIVERSITY OF SANTO TOMAS
APEL - GARGANTIEL PROVIS [FINALS]
(4) The number of ballots actually used
indicating the serial numbers of the
ballots and
(5) The unused ballots together with their
serial numbers.
The revision forms shall be made available prior to the
revision. The per-precinct revision report shall be signed
and certified to by the revision coordinator and the
representatives of the parties, and shall form part of the
records of the case. The tally sheet used for the revision
shall be attached to the report.
In addition to the per-precinct revision report, the RC shall
also prepare and submit to the Tribunal, within seven (7)
days from the termination of the revision, a committee
report summarizing the data, cotes, questions on the
ballots, significant observations made in the revision of
votes from each of the protested precincts and, later from
the counter-protested precincts, and comments and
objections in case of disagreement between RC members
Each party furnished with a copy of the committee report
may submit their comments thereon within a non-
extendible period of seven days from notice. (n)
Rule 45. Inquiry as to security markings and vital
information relative to ballots and election documents. -
When a revision of ballots is ordered and for the guidance
of the members of the Revision Comments. The Tribunal
shall direct the COMELEC to give advice and instructions to
the RCs on the security markings on the ballots and
election documents. The Tribunal shall likewise designate
a technical person who assists the RCs in authenticating
electronic documents if needed, as well as in transforming
the same to a form that can make them observable to the
Tribunal. (n)
TECHNICAL EXAMINATION
Rule 46. Motion for technical examination; contents. -
Within five days after completion of the revision of votes,
either party may move for a technical examination,
specifying:
(a) The nature of the technical examination
requested (e.g. the examination of the genuineness
of the ballots or election returns, and others);
(b) The documents to be subjected to technical
examination;
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(c) The objections made in the course of the
revision of votes which he intends to substantiate
with the results of the technical examination; and
(d) The ballots and election returns covered by
such objections. (R43a)
Rule 47. Technical examination time limits. - The Tribunal
may grant the motion for technical examination in its
discretion and other such conditions as it may impose. If
the motion is granted the Tribunal shall schedule the
technical examination, notifying the other parties at least
five days in advance. The technical examination shall be
completed within the period allowed by the tribunal. A
party may attend the technical examination, either
personally or through a representative, but the technical
examination shall proceed with or without his attendance,
provided due notice has been given to him.
The technical examination shall be conducted at the
expense of the movant and under the supervision of the
Clerk of the tribunal of his duly authorized representative.
(R44)
Rule 48. Experts who shall provide. - The tribunal shall
independent experts necessary for the conduct of a
technical examination. The parties may avail themselves of
the assistance of their own experts who may observe, but
not interfere with, the examination conducted by the
experts of the Tribunal. (R45)
Rule 49. Technical examination not interrupted. - Once
started, the technical examination shall continue every
working day until completed or until expiration of the
period granted for such purpose. (R46)
Rule 50. Photographing or electronic copying. - Upon prior
approval of the Tribunal, photography or electronic
copying of ballots, election returns or election documents
shall be done within its premises under the supervision of
the Clerk of the Tribunal or his duly authorized
representative, with the party providing his own
photographing or electronic copying equipment. (R47a)
Rule 51. Scope of technical examination. - Only the ballots,
election returns and other election documents allowed by
the Tribunal to be examined shall be subject to such
examination. (R48)
SUBPOENAS
UNIVERSITY OF SANTO TOMAS
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Rule 52. Who may issue. - The Tribunal may issue
subpoena ad testificandum or subpoena duces tecum motu
proprio or upon request of any of the parties. (R50)
Rule 53. Form and contents - A subpoena ad testificandum,
signed by the Clerk of the Tribunal shall state the name of
the Tribunal, the title of the action and be directed to the
person whose attendance is required
Asubpoena ducestecum shall contain a reasonable
description of the books, documents or thins demanded
which appear prima facie relevant. (R51)
Rule 54. Authority of Hearing Commissioners to issue
subpoena. - The Tribunal may authorize Hearing
Commissioners to issue subpoenas in cases assigned to
them for reception of evidence. (R52)
RECEPTION EVIDENCE
Rule 55. Hearings - After the submission of all
Revision/Correction Reports, the Tribunal may delegate
the reception of evidence to a Hearing Commissioner who
is a member of the Bar (R53)
Rule 56. Preliminary conference. - The Hearing
Commissioner shall fix a date for the reception of evidence
and submission of the affidavits of the witnesses of the
parties, with the adverse parties being furnished copies.
Reception of the evidence shall be done at the offices of the
Tribunal unless Hearing Commissioner directs its
reception in some other place (R54)
Rule 57. Procedure of hearings. - At the hearings, the
affidavits of the witnesses submitted by the parties shall
constitute their direct testimonies. Witnesses who testify
may be subject to cross - examination, redirect or re-cross
examination. Should the affiant fail to testify, his affidavit
shall not be considered as competent evidence for the
party presenting the affidavit, but the adverse party may
utilize the same for any admissible purpose.
Except on rebuttal or surrebuttal, no witness shall be
allowed to testify unless his affidavit was previously
submitted to the Tribunal
However, should a party desire to present additional
affidavits or counter-affidavits as part of his direct
evidence, he shall manifest during the preliminary
conference, stating their purpose. If allowed by the
Tribunal, the additional affidavits of the protestee shall be
submitted to the Tribunal and serve on the adverse p[arty
not later than five days after the termination of the
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preliminary conference. If the additional affidavits are
presented by the protestant, the protestee may file his
counter-affidavits and serve the same on the protestant
within five days of such service. (R55a)
Rule 58. Cross-examination; effect of absence of a party. - In
the reception of evidence of a party before a Hearing
Commissioner, the other party has a right to be present
and to cross-examine the witness presented.
The Hearing Commissioner may proceed ex parte in the
absence of the other party provided he has been duly
notified of the hearing.
If a party presenting evidence fails to appear at the time
and place designated, the Hearing Commissioner may
adjourn the proceedings to a future day, giving notice to
the absent party of his attorney of the adjournment. The
delay shall be charged to the party's period to present
evidence. (R56)
Rule 59. Hearing Commissioner to rule on objections. - The
Hearing Commissioner receiving the evidence shall rule on
objections made in the course of cross-examination subject
to review by the Tribunal.
An exception to a ruling of the Hearing Commissioner shall
not suspend the reception of evidence. (R57)
Rule 60. Procedure after hearing by Commissioner. - The
Hearing Commissioner shall submit the evidence
presented, together with the transcripts of the proceedings
held before him, to the Tribunal within five days. (R58)
Rule 61. Time limit for presentation of evidence. - Each part
is given a period of thirty working days to complete the
presentation of his evidence, including its format offer.
This period shall begin from the first date set for the
presentation of the party's evidence. Either before the
Tribunal or a Hearing Commissioner.
The hearing for any particular day or days may be
postponed or canceled upon the request of either party.
The delay caused by such postponement shall be charged
to the period for presenting evidence of the movant.
The following shall not be charged against the period
allotted to either party:
(a) The period when presentation of the party's
evidence is suspended by order of the Tribunal or
the Hearing Commissioner by reason of the
pendency of an issue in the nature of a prejudicial
UNIVERSITY OF SANTO TOMAS
APEL - GARGANTIEL PROVIS [FINALS]
question which must first be resolved before the
hearing can continue: and
(b)The time taken up in the cross-examination of
his witnesses by the other party.
A party may present rebuttal or surrebuttal evidence
during the remainder of the thirty-day period that he has
not utilized for the presentation of his evidence-in-chief
(R59)
Rule 62. Evidence not formally offered, inadmissible -
Evidence not formally offered shall not be admitted and
considered by the Tribunal in deciding the case (R60)
Rule 63. When submitted; contents - Within twenty days
from receipt of the Tribunal's ruling on the last offer of
evidence by the protestee , the parties shall simultaneously
submit their respective memoranda setting forth briefly.
(a) The facts of the case;
(b) A complete statement of all the arguments
submitted in support of their respective views of
the case:
(c) Objections to the ballots adjudicated to or
claimed by the other party in the revision of
ballots:
(d) Refutation of the objections of the other party
to the ballots adjudicated to or claimed in the
revision of ballots
(e) Objections to the tallying of election returns
and certificates of canvass raised by the other
party in the correction of manifest error; and
(f) Refutation of the objections raised by the other
party to the tallying of election returns and
certificates of canvass in the correction of
manifest error.
All evidence, as well as objections to evidence presented
by the other party, shall be either referred to or contained
in the memorandum or in an appendix thereto (R61)
Rule 64. Supplemental or rebuttal memorandum. - When
required or allowed by the Tribunal, a party shall a
supplemental or rebuttal memorandum (R62)
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INITIAL DETERMINATION OF THE FROUNDS FOR
PROTEST
Rule 65. Dismissal, when proper - The Tribunal may
require the protestant or counter-protestant to indicate ,
within a fixed period , the province or provinces
numbering not more than three best exemplifying the
frauds or irregularities alleged in his petition and the
revision of ballots and reception of evidence will begin
with such provinces. If upon examination of such ballots
and proof and after making reasonable allowances, the
Tribunal is convinced that, taking all circumstances into
account, the protestant or counter-protestant will most
probably fail to make out his case, the protest may
forthwith be dismissed, without further consideration of
the other provinces mentioned in the protest.
The preceeding paragraph shall also apply when the
election protest involves correction of manifest errors.
(R63)
VOTING
Rule 66. Votes required. - In resolving all matters or
questions submitted to the Tribunal, including the
rendition of a decision and the adoption of resolutions, the
concurrence of a majority of the Members present
constituting a quorum, who actually took part in the
deliberations on the issue of the case and voted therein,
shall be necessary. (R64)
DECISION
Rule 67. Procedure in deciding contests. - In rendering its
decision, the Tribunal shall follow the procedure
prescribed for the Supreme Court in Sections 13 and 14,
Article VIII of the Constitution. (R65)
Rule 68. Promulgation of decision. - After the judgment and
dissenting opinions, if any, are signed, they shall be
delivered for filing with the Clerk of the Tribunal who shall
cause true copies to be served personally upon the parties
or their counsel (R66)
Rule 69. Finality of decision. - The decision shall become
final ten days after receipt of a copy by the parties or their
counsel if no motion for reconsideration is filed.
No motion shall be entertained for the reopening of a case;
a motion for reconsideration of a decision may be allowed
under the evidence of record, A party may file a motion for
reconsideration within ten days from service of a copy of
the decision, No party may file more than one motion for
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reconsideration, copy of which shall be served personally
upon the adverse party who may answer the motion
within five days after its receipt.
If the motion for reconsideration is denied, the decision
shall become final and executory upon personal service on
the parties of the resolution disposing of the motion for
reconsideration. IF the motion for reconsideration is
granted, the party adversely affected may move to
reconsider within ten days from receipt of the resolution
granting the motion for reconsideration; otherwise, the
decision as reconsidered shall become final and executor
after the lapse of said period. (R67)
Rule 70. Entry of judgment. - The judgment shall be
entered by the Clerk of the Tribunal immediately upon its
finality. The recording of the judgment in the Book of
Entries of Judgment shall constitute its entry. The record
shall contain the dispositive part of the judgment and shall
be signed by the Clerk of the Tribunal, with a certificate
that such judgment has become final and executor. (R68)
Rule 71. Procedure after finality of decision. - As soon as a
decision is entered, notice shall be sent to the Senate, the
House of Representatives, the Commission on Elections
and the Commission on Audit.
The originals of the decisions of the Tribunal shall be kept
in bound form in the archives of the Tribunal. (R69)
COSTS
Rule 72. When allowed. - Costs shall be allowed to the
prevailing party as a matter of course. The Tribunal shall
have the power, for special reasons, to apportion the costs,
as may be equitable. (R70)
SUPPLEMENTARY RULES
Rule 73. Applicability. - The following shall be applicable
by analogy or in suppletory character and effect in so far as
they may be applicable and are not inconsistent with these
Rules and with the decisions, resolutions and orders if the
Tribunal, namely:
(a) The Revised Rules of Court;
(b) Decisions of the Supreme Court; and
(c) Decisions of the Electoral Tribunal.
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REIVSED RULES OF THE SENATE ELECTORAL
TRIBUNAL
No convenient copy found; refer to separate PDF: APEL
- [C] 2020 Revised Rules of the SET
RULES OF THE HOUSE OF REPRESENTATIVES
ELECTORAL TRIBUNAL
No convenient copy found; refer to separate PDF: APEL
- [C] 2015 Revised Rules of the HRET.
RULES OF PROCEDURE IN ELECTION CONTESTS
BEFORE THE COURTS INVOLVING ELECTIVE
MUNICIPAL AND BARANGAY OFFICIALS
AM. No. 07-4-15-SC
RULE 1
SCOPE
SECTION 1. Coverage. - These Rules shall govern the filing
of pleadings, practice and procedure in election protests
and petitions for quo warranto before courts of general
jurisdiction and courts of limited jurisdiction relating to
elective municipal and barangay officials.
SEC. 2. Application of the Rules of Court. - The Rules of
Court shall apply by analogy or in a suppletory character,
and whenever practicable and convenient.
SEC. 3. Definitions. - As used in these Rules:
(a) Courts - refer to the Regional Trial Courts or the
Municipal Trial Courts, including the Metropolitan
Trial Courts, Municipal Trial Courts in Cities,
Municipal Trial Courts and Municipal Circuit Trial
Courts.
(b) Election - means the choice or selection of
candidates to public office by popular vote through
the use of the ballot. Specifically, it may refer to the
conduct of the polls, including the listing of voters,
the holding of the electoral campaign, and the
casting and counting of ballots and canvassing of
returns.
(c) Election Contests - refer to election protests or
petitions for quo warranto.
(d) Election Protest - refers to an election contest
relating to the election and returns of elective
officials, grounded on frauds or irregularities in the
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conduct of the elections, the casting and counting of
the ballots and the preparation and canvassing of
returns. The issue is who obtained the plurality of
valid votes cast.
(e) Quo Warranto under the Omnibus Election
Code - refers to an election contest relating to the
qualifications of an elective official on the ground
of ineligibility or disloyalty to the Republic of the
Philippines. The issue is whether respondent
possesses all the qualifications and none of the
disqualifications prescribed by law.
(f) Revision of Ballots - refers to the process of a
recount of the ballots involving physical counting
and segregation of ballots for the protestant,
protestee and other candidates for the same
position and the recording of objections and claims
to ballots.
(g) Promulgation - refers to the process by which a
decision is published, officially announced, made
known to the public and delivered to the clerk of
court for filing, coupled with notice to the parties or
their counsel.
SEC. 4. Inherent powers of the court. - When performing
its functions, a court shall have the inherent power to:
(a) Preserve and enforce order in its immediate
presence;
(b) Enforce order in proceedings before it, or
before a person or persons empowered to conduct
a judicial investigation under its authority;
(c) Compel obedience to its judgments, orders and
processes, and to the lawful orders of a judge out of
court, in a case pending therein;
(d) Control, in furtherance of justice, the conduct of
its ministerial officers, and of all other persons in
any manner connected with a case before it, in
every manner appertaining thereto;
(e) Compel the attendance of persons to testify in a
case pending therein;
(f) Administer or cause to be administered oaths in
a case pending therein, and in all other cases where
it may be necessary in the exercise of its powers;
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(g) Amend and control its processes and orders so
as to make them conformable to law and justice;
and
(h) Authorize a copy of a lost or destroyed pleading
or other paper to be filed and used instead of the
original and to restore and supply deficiencies in its
records and proceedings.
SEC. 5. Means to carry jurisdiction into effect. - All
auxiliary writs, processes, and other means necessary to
carry into effect its powers or jurisdiction may be employed
by the court and, if the procedure to be followed in the
exercise of such jurisdiction is not specifically provided by
law or these Rules, the court may adopt any suitable process
or mode of process which appears conformable to the spirit
of said law or rules.
RULE 2
ELECTION CONTESTS
SECTION 1. Jurisdiction of regional trial courts. -
Regional trial courts shall have exclusive original
jurisdiction over all election contests involving elective
municipal officials.
SEC. 2. Jurisdiction of municipal trial courts. - Municipal
trial courts shall have exclusive original jurisdiction over all
election contests involving elective barangay officials.
SEC. 3. How initiated. - An election contest is initiated by
the filing of an election protest or a petition for quo
warranto against an elective municipal or barangay official.
An election protest or a petition for quo warranto shall be
filed directly with the proper court in three legible copies
plus such number of copies corresponding to the number of
protestees or respondents.
An election protest shall not include a petition for quo
warranto, nor shall a petition for quo warranto include an
election protest.
SEC. 4. Modes of service and filing. - Service and filing of
pleadings, including the initiatory petition and other
papers, shall be done personally. Except with respect to
papers emanating from the court, a resort to other modes of
service must be accompanied by a written explanation why
the service or filing was not done personally. A violation of
this Rule shall be cause to consider the pleading or paper as
not filed.
SEC. 5. Election protest. - A petition contesting the election
or returns of an elective municipal or barangay official shall
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be filed with the proper regional trial court or municipal
trial court by any candidate who was voted for the same
office and who received the second or third highest number
of votes or, in a multi-slot position, was among the next four
candidates following the last-ranked winner duly
proclaimed, as reflected in the official results of the election
contained in the Statement of Votes By Precinct. The party
filing the protest shall be designated as the protestant; the
adverse party shall be known as the protestee.
Each contest shall refer exclusively to one office; however,
contests for offices of Sangguniang Bayan or Sangguniang
Barangay may be consolidated in one case.
SEC. 6. Quo Warranto. - A petition for quo
warranto against an elective municipal or barangay official
shall be filed with the proper regional trial court or
municipal trial court by any registered voter who has voted
in the election concerned. The party filing the petition shall
be designated as the petitioner; the adverse party shall be
known as the respondent.
SEC. 7. Petition must be verified and accompanied by a
certificate of non-forum shopping. - An election protest or
a petition for quo warranto shall be verified by an affidavit
stating that the affiant has read the petition and that the
allegations therein are true and correct of affiant's own
knowledge or based on authentic records. A verification
based on "information and belief" or upon the "knowledge,
information and belief" is not a sufficient verification.
The protestant or petitioner shall sign personally the
certificate of non-forum shopping which must be annexed
to the election protest or petition for quo warranto.
An unverified petition or one with insufficient verification
or unaccompanied by a certificate of non-forum shopping
shall be dismissed outright and shall not suspend the
running of the reglementary period to file an election
protest or petition for quo warranto.
SEC. 8. Period to file protest or petition; non-extendible. -
The election protest or petition for quo warranto shall be
filed within the non-extendible period of ten days following
the date of proclamation.
SEC. 9. Pendency of pre-proclamation controversy. - The
pendency of a pre-proclamation controversy involving the
validity of the proclamation as defined by law shall suspend
the running of the period to file an election protest or
petition for quo warranto.
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SEC. 10. COMELEC judgment in disqualification case. - A
decision of the Commission on Elections, either in division
or en banc, in a disqualification case shall not bar the filing
of a petition for quo warranto based on the same ground,
except when the Supreme Court has affirmed the COMELEC
decision.
SEC. 11. Contents of the protest or petition. - An election
protest or petition for quo warranto shall specifically state
the following facts:
(a) the position involved;
(b) the date of proclamation; and
(c) the number of votes credited to the parties per
proclamation.
An election protest shall also state:
(d) the total number of precincts of the
municipality or the barangay concerned;
(e) the protested precincts and votes of the parties
in the protested precincts per the Statement of
Votes By Precinct or, if the votes of the parties are
not specified, an explanation why the votes are not
specified; and
(f) a detailed specification of the acts or omissions
complained of showing the electoral frauds,
anomalies or irregularities in the protested
precincts.
SEC. 12. Raffle of cases. - The Supreme Court shall
designate the courts which shall take cognizance of election
protests and petitions for quo warranto. Assignment of
cases to such courts shall be done exclusively through raffle
conducted by the executive judge or by the judges
designated by the Supreme Court. No court may assume
jurisdiction over an election contest unless assigned to it by
raffle. Twenty-four hours before the raffle, the clerk of court
must serve notice personally on the parties, stating its date
and time. Proof of service shall be submitted. The raffle shall
be open to the public. The Supreme Court shall issue the
necessary circular implementing this proviso.
The Court may order a change of venue or place of trial for
compelling reasons to avoid a miscarriage of justice.
SEC. 13. Summary dismissal of election contest. - The
court shall summarily dismiss, motu proprio, an election
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protest, counter-protest or petition for quo warranto on any
of the following grounds:
(a) The court has no jurisdiction over the subject
matter;
(b) The petition is insufficient in form and content
as required in Section 11 hereof;
(c) The petition is filed beyond the period
prescribed in these Rules;
(d) The filing fee is not paid within the period for
filing the election protest or petition for quo
warranto; and
(e) In case of protest where a cash deposit is
required, the cash deposit is not paid within five
days from the filing of the protest.
RULE 3
SUMMONS
SECTION 1. Summons. - Within twenty-four hours from the
filing of the protest or petition, the clerk of court shall issue
the corresponding summons to the protestee or
respondent, together with a copy of the protest or petition,
requiring the filing of an answer within a non-extendible
period of five days from notice.
SEC. 2. Service of summons. - The summons shall be served
by handing a copy to the protestee or respondent in person
or, in case of refusal of the protestee or respondent to
receive and sign for it, by tendering the same.
If, for justifiable causes, the protestee or respondent cannot
be served in person as provided above, service may be
effected by leaving copies of the summons at:
(a) the residence of protestee or respondent with
some person of suitable age and discretion residing
therein, or
(b) the office or regular place of business of
protestee or respondent with some competent
person in charge thereof.
SEC. 3. By whom served. - The summons shall be served by
the sheriff, deputy sheriff, process server or any suitable
person authorized by the court issuing the summons.
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RULE 4
ANSWER AND COUNTER-PROTEST
SECTION 1. Verified answer; counter-protest. - The
answer shall be verified and may set forth admissions and
denials, special and affirmative defenses and a compulsory
counterclaim. The protestee may incorporate a counter-
protest in the answer. Within five days from receipt of the
summons and a copy of the protest or petition, the protestee
or respondent shall file an answer in three legible copies,
with proof of service of a copy upon the protestant or
petitioner.
The counter-protest shall specify the counter-protested
precincts and any votes of the parties therein per the
Statement of Votes By Precinct, or, if not so specified, an
explanation why the votes are not specified, and a detailed
specification of the acts or omissions complained of
showing the electoral frauds, anomalies or irregularities in
the counter-protested precincts.
SEC. 2. Answer to counterclaim or counter-protest. - The
protestant or petitioner shall answer the counterclaim or
counter-protest within a non-extendible period of five days
from notice.
SEC. 3. Allegations in the answer. -
(a) Specific denial. - A protestee or respondent must
specify each material allegation of fact the truth of
which is not admitted and, whenever practicable,
shall set forth the substance of the matters relied
upon in support of the denial. The protestee or
respondent shall specify so much of the averments
that are true and material and shall deny the
remainder.
(b) Allegations not specifically denied deemed
admitted. - Material averment in the protest or
petition, other than the amount of unliquidated
damages and issues as to the appreciation of
ballots, shall be deemed admitted when not
specifically denied.
SEC. 4. Effect of failure to plead. -
(a) Defenses and objections not pleaded. - Defenses
and objections not pleaded are deemed waived.
However, when it appears from the pleadings or
the evidence on record that the court has no
jurisdiction over the subject matter, that there is
another action pending between the same parties
for the same cause, or that the action is barred by a
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prior judgment or the statute of limitations, the
court shall dismiss the claim.
(b) Compulsory counterclaim or cross-claim not set
up barred. - A compulsory counterclaim, or a cross-
claim not set up shall be barred.
(c) Effect of failure to answer. -I n an election
protest that does not involve ballot revision or a
petition for quo warranto, if the protestee or
respondent fails to file an answer within the time
allowed, the court shall, upon motion of the
protestant or petitioner with notice to the
protestee or respondent and upon proof of such
failure, proceed to render judgment on the basis of
the allegations of the verified election protest or
petition for quo warranto granting the relief
prayed for, unless the court in its discretion
requires the protestant or petitioner to submit
evidence ex parte.
However, in the case of election protests involving ballot
revision or examination, verification or re-tabulation of the
election returns, the court shall order such revision of
ballots or examination, verification or re-tabulation of
election returns. The court shall proceed to render
judgment based on the results of the revision or
examination, verification or re-tabulation of election
returns. During the revision or examination, verification or
re-tabulation of election returns, only the revisors of the
protestant may participate. The protestee or duly
authorized representative has the right to be present and
observe the proceedings without the right to object and
make claims to ballots and election returns.
SEC. 5. How to compute time. - In computing any period of
time prescribed or allowed by these Rules, or by order of
the court, or by any applicable statute, the day of the act or
event from which the designated period of time begins to
run is to be excluded and the date of performance included.
If the last day of the period, as thus computed, falls on a
Saturday, a Sunday, or a legal holiday in the place where the
court sits, the time shall not run until the next working day.
SEC. 6. Amendments; limitations. - After the expiration of
the period for the filing of the election protest, counter-
protest or petition for quo warranto, substantial
amendments that broaden the scope of the action or
introduce an additional cause or causes of action may be
allowed only upon leave of court. Such leave may be refused
if it appears to the court that the motion was made with
intent to delay. Any amendment in matters of form, such as
a defect in the designation of the parties and other clearly
clerical or typographical errors, may be summarily
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corrected by the court at any stage of the proceedings, at its
initiative or on motion, provided no prejudice is caused
thereby to the adverse party.
RULE 5
MOTIONS
SECTION 1. Motions must be in writing. - Except those
made in open court during the course of the proceedings, all
motions shall be in writing.
SEC. 2. Proof of service necessary. - No written motion
shall be acted upon by the court without proof of service on
the adverse party.
SEC. 3. No hearings on motions. - Motions shall not be set
for hearing, unless the court directs otherwise. No oral
argument shall be allowed in support thereof. The adverse
party may file written objections five days from its service
upon the expiration of which such motion is deemed
submitted for resolution. The court shall resolve the motion
within five days.
RULE 6
PROHIBITED PLEADINGS
SECTION 1. Prohibited pleadings and motions. - The
following pleadings, motions or petitions shall not be
allowed in the cases covered by these Rules:
(a) Motion to dismiss the petition except on the
ground of lack of jurisdiction over the subject
matter;
(b) Motion for a bill of particulars;
(c) Demurrer to evidence;
(d) Motion for new trial, or for reconsideration of a
judgment, or for reopening of trial;
(e) Petition for relief from judgment;
(f) Motion for extension of time to file pleadings,
affidavits or other papers;
(g) Memoranda, except as provided under Section
7, Rule 13 of these Rules;
(h) Motion to declare the protestee or respondent
in default;
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(i) Dilatory motion for postponement;
(j) Motion to inhibit the presiding judge except on
clearly valid grounds;
(k) Reply or rejoinder; and
(l) Third-party complaint.
SEC. 2. Grounds to dismiss must be set up in the answer. -
All grounds to dismiss an election protest or petition for quo
warranto must be set up or pleaded as affirmative or special
defenses. Defenses not raised are deemed waived. The court
may, in its discretion, hold a preliminary hearing on the
grounds so pleaded.
RULE 7
FILING FEES AND CASH DEPOSITS
SECTION 1. Filing fees. - No protest, counter-protest or
petition for quo warranto shall be accepted for filing
without the payment of a filing fee in the amount of Three
Thousand Pesos (P3,000.00) for each interest.
If claims for damages and attorney's fees are set forth in a
protest or counter-protest, additional filing fees shall be
paid in accordance with the schedule provided for in Rule
141 of the Rules of Court, as amended.
SEC. 2. Cash deposit. - (a) In addition to the fees prescribed
in the preceding section, the protestant in an election
protest requiring revision of ballots or examination,
verification or re-tabulation of election returns, or which
may require the bringing to the court of copies of other
election documents and paraphernalia, shall make a cash
deposit with the court in the following amounts:
(1) One Thousand Pesos (P1,000.00) for each
precinct involved in the protest or counter-protest;
provided that, in no case shall the deposit be less
than Twenty-Five Thousand Pesos (P25,000.00) to
be paid upon the filing of the election protest
(counter-protest);
(2) If the amount to be deposited does not exceed
One Hundred Thousand Pesos (P100,000.00), the
same shall be paid in full within ten days after the
filing of the protest; and
(3) If the deposit exceeds One Hundred Thousand
Pesos (P100,000.00), a cash deposit in the amount
of One Hundred Thousand Pesos (P100,000.00)
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shall be made within ten days after the filing of the
protest.
The balance shall be paid in such installments as
may be required by the court with at least five days
advance notice to the party required to make the
deposit.
The cash deposit shall be applied by the court to the
payment of the compensation of revisors as provided under
Section 3, Rule 10 of these Rules and of all expenses
incidental to revision but not limited to supplies and
miscellaneous expenses of the revision committee. When
the court determines that the circumstances so demand, as
when the deposit has been depleted, it may require
additional cash deposits. Any unused cash deposit shall be
returned to the party making the same after complete
termination of the protest or counter-protest.
The same amount of cash deposit shall be required from the
protestee (counter-protestant), should continuation of
revision be ordered pursuant to paragraph 2, Section 9,
Rule 10 of these Rules. Once required, the protestee
(counter-protestant) shall pay the cash deposit within a
non-extendible period of three days from receipt of the
corresponding order.
(b) Failure to make the cash deposits required within the
prescribed time limit shall result in the automatic dismissal
of the protest, or counter-protest.
RULE 8
PRODUCTION AND CUSTODY OF BALLOT BOXES AND
ELECTION DOCUMENTS
SECTION 1. Issuance of precautionary protection order. -
Where the allegations in a protest so warrant, and
simultaneously with the issuance of summons, the court
shall order the municipal treasurer and election officer
concerned to take immediate steps or measures to
safeguard the integrity of all the ballot boxes, lists of voters
with voting records, books of voters and other documents
or paraphernalia used in the election.
SEC. 2. When ballot boxes and election documents are
brought before the court. - Within forty-eight hours from
receipt of the answer with counter-protest, if any, and
whenever the allegations in a protest or counter-protest so
warrant, the court shall order the ballot boxes with their
keys, lists of voters with voting records, books of voters and
other documents or paraphernalia involved in the protest
or counter-protest, to be brought before it.
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The court shall notify the parties of the date and time for the
retrieval from their respective custodians of the ballot
boxes and election documents. The parties may send
representatives to witness the activity. The absence,
however, of a representative of a party shall not be reason
to postpone or delay the bringing of the ballot boxes and
election documents into the custody of the court.
The court, in its discretion, may seek the assistance of the
Philippine National Police or the Armed Forces of the
Philippines in ensuring the safe delivery of the ballot boxes
and election paraphernalia into the custody of the court.
Where any of the ballot boxes, ballots, election returns,
election documents or paraphernalia mentioned in the first
paragraph above are also involved in election contests
before other fora , such as the Presidential Electoral
Tribunal, the Senate Electoral Tribunal, the House of
Representatives Electoral Tribunal or the Commission on
Elections, which, under COMELEC Resolution No. 2812
dated 17 October 1995, have preferential right over the
custody and revision of ballots involved in simultaneous
protests, the court shall make the appropriate coordination
and request with the higher tribunal involved as to
temporary prior custody of ballot boxes and revision of
ballots and other documents, or synchronization of such
revision of ballots and other election documents.
The expenses necessary and incidental to the bringing of the
ballot boxes and election documents shall be shouldered
and promptly paid by the protestant. The expenses
necessary and incidental to the return of the ballot boxes
and election documents to their original custodians or the
proper tribunal after the termination of the case shall be
shared proportionately by the protestant and protestee
based on the number of precincts respectively contested by
them.
RULE 9
PRELIMINARY CONFERENCE
SECTION 1. Preliminary conference; mandatory. - Within
three days after filing of the last responsive pleading
allowed by these Rules, or the expiration of the same period
without any responsive pleading having been filed, the
court shall conduct a mandatory preliminary conference
among the parties to consider:
(1) The simplification of issues;
(2) The necessity or desirability of amendments to
the pleadings;
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(3) The possibility of obtaining stipulations or
admission of facts and of documents to avoid
unnecessary proof;
(4) The limitation of the number of witnesses;
(5) The nature of the testimonies of the witnesses
and whether they relate to evidence aliunde the
ballots, or otherwise;
(6) The withdrawal of certain protested or counter-
protested precincts (especially those where the
ballot boxes or ballots are unavailable or are
missing and cannot be located or destroyed due to
natural disasters or calamities);
(7) The number of revision committees to be
constituted;
(8) The procedure to be followed in case the
election protest or counter-protest seeks, wholly or
partially, the examination, verification or re-
tabulation of election returns; and
(9) Such other matters as may aid in the prompt
disposition of the case.
SEC. 2. Notice through counsel. - The notice of preliminary
conference shall be served on counsel or on the party who
has no counsel. Notice to counsel is notice to the party, as
counsel is charged with the duty to notify the party
represented.
SEC. 3. Appearances of parties. - It shall be the duty of the
parties and counsel to appear before the court in person at
the preliminary conference.
SEC. 4. Preliminary conference brief. - The parties shall
file with the court and serve on the adverse party, in such
manner as shall ensure their receipt at least one day before
the date of the preliminary conference, their respective
briefs which shall contain the following:
(1) A summary of admitted facts and proposed
stipulation of facts;
(2) The issues to be tried or resolved;
(3) The pre-marked documents or exhibits to be
presented, stating their purpose;
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(4) A manifestation of their having availed or their
intention to avail themselves of discovery
procedures or referral to commissioners;
(5) The number and names of the witnesses, their
addresses, and the substance of their respective
testimonies. The testimonies of the witnesses shall
be by affidavits in question and answer form as
their direct testimonies, subject to oral cross
examination;
(6) A manifestation of withdrawal of certain
protested or counter-protested precincts, if such is
the case;
(7) The proposed number of revision committees
and names of their revisors and alternate revisors;
and
(8) In case the election protest or counter-protest
seeks the examination, verification or re-tabulation
of election returns, the procedure to be followed.
SEC. 5. Failure tofile brief. - Failure to file the brief or to
comply with its required contents shall have the same effect
as failure to appear at the preliminary conference.
SEC. 6. Effect of failure to appear. - The failure of the
protestant or counsel to appear at the preliminary
conference shall be cause for dismissal, motu proprio , of the
protest or counter-protest. The failure of the protestee or
counsel to appear at the preliminary conference shall have
the same effect as provided in Section 4(c), Rule 4 of these
Rules, that is, the court may allow the protestant to present
evidence ex parte and render judgment based on the
evidence presented.
SEC. 7. Preliminary conference order. - Within three days
following the date of the preliminary conference, the court
shall issue an order summarizing the matters taken up and
stipulations or agreements reached during the conference.
The court shall specify in the preliminary conference order
when the revision of ballots will commence, which shall be
within five days from the termination of the preliminary
conference.
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RULE 10
REVISION OF BALLOTS
SECTION 1. Start of revision. – The revision of ballots shall
commence on the date specified in the preliminary
conference order.
SEC. 2. Revision committee; under the supervision of the
court. – There shall be constituted such number of revision
committees as may be necessary. Each revision committee
shall be composed of a chairperson and two members, one
designated by the protestant and another designated by the
protestee. The court shall designate the chairperson from
among its personnel. The parties shall also designate their
respective substitute revisors.
The revision committee shall conduct the revision in the
court premises or at such other place as may be designated
by the court, in every case under its strict supervision.
The revisors shall discharge their duties with the highest
degree of integrity, conducting the proceedings with the
same dignity and discipline as if undertaken by the court
itself. They shall exercise extraordinary diligence and take
precautionary measures to prevent the loss, disappearance
or impairment of the integrity(such as marking or spoilage
by any means) of the ballots and election documents.
SEC. 3. Compensation of the revisors. – The court shall fix
the compensation of the revisors at Four Hundred
Pesos(P400.00) per ballot box for the chairperson and One
Hundred Fifty Pesos (P150.00) per ballot box for each party
revisor. The party revisors shall be entitled to an
additional per diem of Five Hundred Pesos (P500.00) each
per day. This compensation shall be chargeable against the
cash deposit as provided for in Section 2, Rule 7 of these
Rules.
SEC. 4. Continuous revision. –
(a) Period for revision. – Revision shall be
conducted from 8:30 o’clock in the morning to
12:00 noon and from 1:30 to 4:30 o’clock in the
afternoon from Monday to Friday, except on non-
working holidays. The revisors may take a fifteen-
minute break in each session.
(b) Revision to continue even if a party revisor is
absent or late. – The revision of ballots shall not be
delayed or postponed by reason of the absence or
tardiness of a party revisor or substitute revisor, as
long as the chairperson and one party revisor are
present. The court may at any time designate
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another chairperson if the regular chairperson fails
for any reason to report.
© If the revisor of the protestee is absent or late. – If
the revisor of the protestee is absent or late for
thirty minutes and no alternate appears as a
substitute, the revision shall, nevertheless,
commence; the protestee shall be deemed to have
waived the right to appear and to object to the
ballots in the precinct or precincts scheduled for
revision on that particular day.
(d) If the revisor of protestant or the revisors of both
parties fail to appear. – If the revisor of the
protestant or the revisors of both parties and
alternates fail to appear for no justifiable reason
within one hour after fixed hours from the start of
the revision, the ballot boxes scheduled for revision
on that day, and the corresponding keys in the
possession of the chairperson, shall be returned to
the ballot box custodian of the court and shall no
longer be revised; it is understood that the parties
waive their right to revise the same, and the
chairperson concerned shall state such facts in the
corresponding revision report.
SEC. 5. Prohibited access. – During the revision of ballots,
no person other than the judge, the clerk of court, the
chairperson and the members of the revision committees,
the parties and their duly authorized representatives, shall
have access to the revision area.
SEC. 6. Preparation and submission of revision report. –
The committee shall prepare and submit to the court a
revision report per precinct stating the following:
(a) the precinct number;
(b) the date, place and time of revision;
© the votes of the parties per physical count;
(d) the condition and serial numbers of the
following:
(1) ballot boxes;
(2) self-locking security metal or plastic
seals(inner and outer) and padlocks of the
ballot boxes;
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(3) security envelopes containing the
election returns; and
(4) numbered paper seal of the envelopes;
© the votes of the parties per ballot-box copy of the
election returns and per the tally sheet/board
found inside the ballot box;
(f) the number of ballots objected to by the parties
indicating therein the exhibit numbers;
(g) the grounds of objections;
(h) the number of stray ballots;
(i) the claims on ballots with their exhibit numbers;
and
(j) the entries in the Minutes of Voting and
Counting, particularly:
(1) the number of registered voters;
(2) the number of voters who actually
voted;
(3) the number of official ballots together
with their serial numbers used in the
election;
(4) the number of ballots actually used
indicating the serial numbers of the
ballots; and
(5) the unused ballots together with their
serial numbers.
The revision forms shall be made available prior to revision.
The per-precinct revision report shall be signed and
certified to by the chairperson and the revisors of the
parties, and shall form part of the records of the case. A copy
of the required form for the revision report is hereto
attached.
In addition to the per-precinct revision report, the revision
committee shall also prepare and submit to the court,
within three days from termination of the revision, a
committee report summarizing the data, votes, ballot
objections and claims, and significant observations made in
the revision of ballots from the protested precincts and later
from the counter-protested precincts, if so conducted based
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on the provisions of Section 9 hereof. Each party furnished
with a copy of the committee report may submit their
comments thereon within a non-extendible period of three
days from notice.
SEC. 7. Order of revision. – Revision of ballots shall start
with those from the protested precincts, subject to the
provisions of Section 9 hereof.
SEC. 8. Inquiry as to security markings and vital
information relative to ballots and election documents. –
When a revision of ballots is ordered, and for the guidance
of the revisors, the court shall inquire about the security
markings on the ballots and election documents from the
Chairman, Commission on Elections, who shall be obliged to
indicate such markings and other vital information that may
aid the court in determining the authenticity of ballots and
election documents. The parties shall be notified of the
results of such inquiry.
SEC. 9. Post-revision determination of the merit or
legitimacy of protest prior to revision of counter-
protest. – Immediately after the revision of ballots or the
examination, verification or re-tabulation of election
returns in all protested precincts, the protestant shall be
required to pinpoint a number of precincts, corresponding
to twenty percent of the total revised protested precincts,
that will best attest to the votes recovered or will best
exemplify the frauds or irregularities pleaded in the protest.
In the meanwhile, the revision of ballots or the examination,
verification or re-tabulation of election returns in the
counter-protested precincts shall be suspended for a period
not exceeding fifteen days, during which the court shall
determine through appreciation of ballots or election
documents the merit or legitimacy of the protest relative to
the twenty percent pinpointed precincts.
Based on the results of such post-revision determination,
the court may dismiss the protest without further
proceedings, if and when no reasonable recovery was
established from the twenty percent pinpointed precincts,
or proceed with revision of the ballots or the examination,
verification or re-tabulation of election returns in the
counter-protested precincts. In the latter case, the protestee
shall be required to pay the cash deposit within a non-
extendible period of three days from notice.
SEC. 10. Continuation of appreciation of ballots. – While
the ballots or election documents from the counter-
protested precincts are being revised, the court shall
continue with its appreciation of ballots from the remaining
revised eighty percent protested precincts and, once
completed, shall proceed with the appreciation of ballots
from the counter-protested precincts.
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RULE 11
TECHNICAL EXAMINATION
SECTION 1. Motion for technical examination; contents. –
A party may move for the technical examination within five
days after completion of revision in the protest or counter-
protest, except when it involves allegation of massive
substitute voting in the protest or counter-protest,
specifying:
(a) The nature of the technical examination
requested (e.g., fingerprint examination, etc.);
(b) The documents to be subjected to technical
examination;
© The objections made in the course of the revision
of ballots which the movant intends to substantiate
with the results of the technical examination; and
(d) The ballots covered by such objections.
SEC. 2. Technical examination; time limits. – The court
may grant the motion for technical examination at its
discretion and under such conditions it may impose. If the
motion is granted, the technical examination shall start
within five days from notice to both parties and shall be
completed within the period specified by the court, in no
case to exceed twenty successive working days, unless the
court grants an extension based on exceptionally
meritorious ground. A party may attend the technical
examination, either personally or through a representative.
However, the technical examination shall proceed with or
without the attendance of the party, provided due notice
has been given to the party.
The expenses for technical examination shall be for the
account of the party requesting the examination and under
the supervision of the clerk of court.
SEC. 3. Experts; who shall provide. – Experts necessary for
the conduct of technical examination shall be provided by
the party requesting the same and may come from the
National Bureau of Investigation, the Philippine National
Police(PNP) Crime Laboratory, the Commission on
Elections, or experts in private practice. The other party
may secure the services of an expert who may only observe,
not interfere with, the examination conducted by the
experts of the movant.
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RULE 12
PHOTOCOPYING OF BALLOTS
SECTION 1. Photocopying simultaneous with revision. -
On motion of a party, the court may allow the photocopying
of ballots and election documents, upon such terms and
conditions as it may impose. The photocopying, if allowed,
must start at the commencement of revision and, as far as
practicable, must be completed simultaneously with the
termination of revision.
SEC. 2. Where conducted; parties to provide own
photocopying units. - Photocopying shall be done within
the premises of the court, near the revision area, and shall
be under the supervision of the clerk of court. The party
concerned shall provide an efficient photocopying unit and
shall bear all expenses relative thereto.
RULE 13
PRESENTATION OF EVIDENCE
SECTION 1. Presentation and reception of evidence;
order of hearing. - If at the preliminary conference the
parties have agreed on issues aliunde the ballots or other
election documents (e.g., vote-buying, fraud, terrorism or
violence), the reception of evidence on the issues, including
the testimonies of witnesses, shall be done simultaneously
with the revision of ballots.
The reception of evidence on all other matters or issues
incidental to or interwoven with the ballots and related
election documents shall be made upon completion of (a)
the revision of ballots or election documents, or (b) the
technical examination, if allowed by the court under the
provisions of Rule 11 of these Rules.
Reception of evidence shall be made in accordance with the
following order of hearing:
(1) The protestant or petitioner shall present
evidence in support of the protest or petition;
(2) The protestee or respondent shall then adduce
evidence in support of the defense, counterclaim or
counter-protest, if any;
(3) The parties may then respectively offer
rebutting evidence only, unless the court for good
reasons, in the furtherance of justice, permits them
to offer evidence upon their original case; and
(4) No sur-rebuttal evidence shall be allowed.
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In offering testimonial evidence, the party shall require the
proposed witness to execute an affidavit which shall be
considered as the direct testimony, subject to the right of
the adverse party to object to its inadmissible portions and
to orally cross-examine the witness. The affidavit shall be
based on personal knowledge, shall set forth facts as would
be admissible in evidence, and shall show affirmatively that
the affiant is competent to testify on the matters stated
therein. The affidavit shall be in question and answer form.
The affidavit shall be submitted to the court and served on
the adverse party at least three days before the hearing.
Failure to submit the affidavit of a witness within the
specified time shall constitute a waiver of the party's right
to present testimonial evidence.
The one-day-cross-examination-of-witness rule, that is, a
witness has to be fully cross-examined in one day only shall
be strictly adhered to. The court, at its discretion, may
extend the cross-examination for justifiable reasons.
The revision reports, as well as the objected and claimed
ballots referred to therein, shall automatically form part of
court records and may be adopted by the parties as their
evidence.
SEC. 2. Offer of evidence. - The court shall consider no
evidence that has not been formally offered. Offer of
evidence shall be done orally on the last day of hearing
allowed for each party after the presentation of the last
witness. The opposing party shall be required to
immediately interpose objections thereto. The court shall
rule on the offer of evidence in open court. However, the
court may, at its discretion, allow the party to make an offer
of evidence in writing, which shall be submitted within
three days. If the court rejects any evidence offered, the
party may make a tender of the excluded evidence.
SEC. 3. Reception of evidence continuous. - Reception of
evidence, once commenced, shall continue from day to day
as far as practicable until terminated. In no case shall the
entire period for reception of evidence exceed ten
successive days for each party from the first day of such
reception, unless authorized by the Supreme Court.
SEC. 4. Adjournments and postponements. - No motion
for postponement shall be allowed, except for clearly
meritorious reasons, in no case to exceed three times of
three calendar days interval each. The filing of dilatory
pleadings or motions shall constitute direct contempt of
court and shall be punished accordingly.
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SEC. 5. Burden of proof. - Burden of proof is the duty of a
party to present evidence of the facts in issue, necessary to
establish one's claim or defense.
SEC. 6. Disputable presumptions. - The following
presumptions are considered as facts, unless contradicted
and overcome by other evidence:
(a) On the election procedure:
(1) The election of candidates was held on
the date and time set and in the polling
place determined by the Commission on
Elections;
(2) The Boards of Election Inspectors were
duly constituted and organized;
(3) Political parties and candidates were
duly represented by pollwatchers;
(4) Pollwatchers were able to perform
their functions; and
(5) The Minutes of Voting and Counting
contains all the incidents that transpired
before the Board of Election Inspectors.
(b) On election paraphernalia:
(1) Ballots and election returns that bear
the security markings and features
prescribed by the Commission on
Elections are genuine;
(2) The data and information supplied by
the members of the Boards of Election
Inspectors in the accountable forms are
true and correct; and
(3) The allocation, packing and
distribution of election documents or
paraphernalia were properly and timely
done.
(c) On appreciation of ballots:
(1) A ballot with appropriate security
markings is valid;
(2) The ballot reflects the intent of the
voter;
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(3) The ballot is properly accomplished;
(4) A voter personally prepared one ballot,
except in the case of assistors; and
(5) The exercise of one's right to vote was
voluntary and free.
SEC. 7. Submission of memoranda. - The court may allow
the parties to submit their respective memoranda within a
non-extendible period of ten days from the verbal ruling of
the court on the last offer of exhibits; or, if the offer was
made in writing, within ten days from receipt of the written
ruling of the court. No supplemental, reply or rebuttal
memorandum shall be allowed.
RULE 14
DECISION
SECTION 1. Rendition of decision. - The court shall decide
the election contest within thirty days from the date it is
submitted for decision, in no case beyond six months after
its filing, unless the Supreme Court authorizes an extension
in writing. Failure to comply herewith shall be considered a
serious offense and shall be ground for disciplinary action
against the judge. In addition, after the expiration of six
months, the judge shall be relieved of all duties and
functions, except to decide the election case.
An election protest is deemed submitted for decision after
completion of the reception of evidence or, if the parties
were allowed to submit memoranda, upon submission of
such memoranda or the expiration of the period for their
filing, whichever is earlier. In an election protest, the winner
shall be the candidate who obtained the plurality of the
valid votes cast.
SEC. 2. Form of decision in election protests. - After
termination of the revision of ballots and before rendering
its decision in an election protest that involved such
revision, the court shall examine and appreciate the original
ballots. The court, in its appreciation of the ballots and in
rendering rulings on objections and claims to ballots of the
parties, shall observe the following rules:
(a) On Marked Ballots - The court must specify the
entries in the ballots that clearly indicate that the
intention of the voter is to identify the ballot. The
specific markings in the ballots must be illustrated
or indicated;
(b) On Fake or Spurious Ballots - The court must
specify the COMELEC security markings that are
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not found in the ballots that are considered fake or
spurious;
(c) On Stray Ballots - The court must specify and
state in detail why the ballots are considered stray;
(d) On Pair or Group of Ballots Written by One or
Individual Ballots Written By Two - When ballots
are invalidated on the ground of written by one
person, the court must clearly and distinctly specify
why the pair or group of ballots has been written
by only one person. The specific strokes, figures or
letters indicating that the ballots have been written
by one person must be specified. A simple ruling
that a pair or group of ballots has been written by
one person would not suffice. The same is true
when ballots are excluded on the ground of having
been written by two persons. The court must
likewise take into consideration the entries of the
Minutes of Voting and Counting relative to illiterate
or disabled voters, if any, who cast their votes
through assistors, in determining the validity of the
ballots found to be written by one person, whether
the ballots are in pairs or in groups; and
(e) On Claimed Ballots - The court must specify the
exact basis for admitting or crediting claimed votes
to either party.
SEC. 3. Several judgments. - In a protest or petition against
several protestees or respondents, the court may, when a
several judgment is proper, render judgment against one or
more of them, leaving the protest or petition to proceed
against the others.
SEC. 4. Promulgation of decision. - The decision signed by
the presiding judge shall be promulgated by the reading of
the dispositive portion in open court and its filing with the
clerk of court, on a date set with due notice to the parties, or
through delivery of a copy of the signed decision to the clerk
of court who shall forthwith indicate the date of rendition
and cause true copies thereof to be served, personally or by
registered mail, upon the counsel or the parties, if not
represented by counsel.
SEC. 5. Finality of decision. - The decision of the court shall
become final and executory five days after filing with the
clerk of court and receipt of notice by the parties.
SEC. 6. Entry of judgment. - If no appeal is filed within the
time provided in these Rules, the judgment shall be entered
by the clerk in the book of entries of judgments. The date of
finality of the judgment shall be the date of its entry. The
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record shall contain the dispositive part of the judgment
and shall be signed by the clerk, with a certificate that such
judgment has become final and executory.
SEC. 7. Notice of final decision. - As soon as the decision
becomes final, the clerk of court shall send notices to the
Commission on Elections, the Department of the Interior
and Local Government, and the Commission on Audit.
SEC. 8. Appeal. - An aggrieved party may appeal the
decision to the Commission on Elections, within five days
after promulgation, by filing a notice of appeal with the
court that rendered the decision, with copy served on the
adverse counsel or party if not represented by counsel.
SEC. 9. Appeal fee. - The appellant in an election contest
shall pay to the court that rendered the decision an appeal
fee of One Thousand Pesos (P1,000.00), simultaneously
with the filing of the notice of appeal.
SEC. 10. Immediate transmittal of records of the case. -
The clerk of court shall, within fifteen days from the filing of
the notice of appeal, transmit to the Electoral Contests
Adjudication Department, Commission on Elections, the
complete records of the case, together with all the evidence,
including the original and three copies of the transcript of
stenographic notes of the proceedings.
SEC. 11. Execution pending appeal. - On motion of the
prevailing party with notice to the adverse party, the court,
while still in possession of the original records, may, at its
discretion, order the execution of the decision in an election
contest before the expiration of the period to appeal, subject
to the following rules:
(a) There must be a motion by the prevailing party
with three-day notice to the adverse party.
Execution pending appeal shall not issue without
prior notice and hearing. There must be good
reasons for the execution pending appeal. The
court, in a special order, must state the good or
special reasons justifying the execution pending
appeal. Such reasons must:
(1) constitute superior circumstances
demanding urgency that will outweigh the
injury or damage should the losing party
secure a reversal of the judgment on
appeal; and
(2) be manifest, in the decision sought to
be executed, that the defeat of the
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protestee or the victory of the protestant
has been clearly established.
(b) If the court grants an execution pending appeal,
an aggrieved party shall have twenty working days
from notice of the special order within which to
secure a restraining order or status quo order from
the Supreme Court or the Commission on Elections.
The corresponding writ of execution shall issue
after twenty days, if no restraining order or status
quo order is issued. During such period, the writ of
execution pending appeal shall be stayed.
SEC. 12. Jurisdiction of the Commission on Elections in
certiorari cases. - The Commission on Elections has the
authority to issue the extraordinary writs of certiorari,
prohibition and mandamus only in aid of its appellate
jurisdiction over decisions of the courts in election cases
involving elective municipal and barangay officials.
SEC. 13. Preferential disposition of election contests. -
The courts shall give preference to election contests over all
other cases, except habeas corpus.
RULE 15
COSTS, DAMAGES AND ATTORNEY'S FEES
SECTION 1. Costs; when allowed. - Costs shall be allowed
to the prevailing party as a matter of course. The court shall
have the power, for special reasons, to apportion the costs,
as may be equitable. The court may render judgment for
costs if a protest, a counter-protest or a petition for quo
warranto is dismissed. When a protest, a counter-protest or
a petition for quo warranto is found to be frivolous, double
or treble costs may be imposed on the protestant, the
counter-protestant or the petitioner.
SEC. 2. Damages and attorney's fees. - In all election
contests, the court may adjudicate damages and attorney's
fees, as it may deem just and as established by the evidence,
if the aggrieved party has included such claims in the
pleadings.
RULE 16
TRANSITORY PROVISION
SECTION 1. Applicability. - These Rules shall apply to
election protests and petitions for quo warranto that
remain pending and undetermined after their effectivity.
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RULE 17
FINAL PROVISIONS
SECTION 1. Repealing clause. - All rules, resolutions,
regulations or circulars of the Supreme Court or parts
thereof that are inconsistent with any provision of these
Rules are hereby deemed repealed or modified accordingly.
Rules 35 and 36 of the 1993 COMELEC Rules of Procedure
governing election contests and quo warranto cases before
the trial courts are deemed superseded by these Rules.
SEC. 2. Effectivity clause. - These Rules shall take effect on
May 15, 2007 following their publication in two
newspapers of general circulation in the Philippines not
later than May 3, 2007.
H. COMELEC
1. Procedure & Judicial Review
COMELEC RULES OF PROCEDURE
This was consolidated in a separate PDF file [Refer to
separate PDF file: APEL - [C] COMELEC PROCEDURES AS
AMENDED BY COMELEC RESOLUTIONS. Such copy
contains all Rules as amended by the following:
1. COMELEC RESOLUTION NO. 9748, 24 July 2013
2. COMELEC RESOLUTION NO. 9720, 20 June 2013
3. COMELEC RESOLUTION NO. 9599, 21 December 2012
4. COMELEC RESOLUTION NO. 9468, 15 June 2012
5. COMELEC RESOLUTION NO. 9164, 16 March 2011
6. COMELEC RESOLUTION NO. 8804, 22 March 2010
I. Prohibitions and Offenses
OMNIBUS ELECTION CODE
BP 881
ARTICLE X
CAMPAIGN AND ELECTION PROPAGANDA
Section 85. Prohibited forms of election propaganda. -
It shall be unlawful:
(a) To print, publish, post or distribute any poster,
pamphlet, circular, handbill, or printed matter urging voters
to vote for or against any candidate unless they bear the
names and addresses of the printer and payor as required
in Section 84 hereof;
(b) To erect, put up, make use of, attach, float or display any
billboard, tinplate-poster, balloons and the like, of whatever
size, shape, form or kind, advertising for or against any
candidate or political party;
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(c) To purchase, manufacture, request, distribute or accept
electoral propaganda gadgets, such as pens, lighters, fans of
whatever nature, flashlights, athletic goods or materials,
wallets, shirts, hats, bandanas, matches, cigarettes and the
like, except that campaign supporters accompanying a
candidate shall be allowed to wear hats and/or shirts or T-
shirts advertising a candidate;
(d) To show or display publicly any advertisement or
propaganda for or against any candidate by means of
cinematography, audio-visual units or other screen
projections except telecasts which may be allowed as
hereinafter provided; and
(e) For any radio broadcasting or television station to sell
or give free of charge air time for campaign and other
political purposes except as authorized in this Code under
the rules and regulations promulgated by the Commission
pursuant thereto.
Any prohibited election propaganda gadget or
advertisement shall be stopped, confiscated or torn down
by the representative of the Commission upon specific
authority of the Commission.
ARTICLE XXII
ELECTION OFFENSES
Section 261. Prohibited Acts. - The following shall be
guilty of an election offense:
(a) Vote-buying and vote-selling. -
(1) Any person who gives, offers or promises money or
anything of value, gives or promises any office or
employment, franchise or grant, public or private, or makes
or offers to make an expenditure, directly or indirectly, or
cause an expenditure to be made to any person, association,
corporation, entity, or community in order to induce anyone
or the public in general to vote for or against any candidate
or withhold his vote in the election, or to vote for or against
any aspirant for the nomination or choice of a candidate in
a convention or similar selection process of a political party.
(2) Any person, association, corporation, group or
community who solicits or receives, directly or indirectly,
any expenditure or promise of any office or employment,
public or private, for any of the foregoing considerations.
(b) Conspiracy to bribe voters. - Two or more persons,
whether candidates or not, who come to an agreement
concerning the commission of any violation of paragraph
(a) of this section and decide to commit it.
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(c) Wagering upon result of election. - Any person who
bets or wagers upon the outcome of, or any contingency
connected with an election. Any money or thing of value or
deposit of money or thing of value situated anywhere in the
Philippines put as such bet or wager shall be forfeited to the
government.
(d) Coercion of subordinates. -
(1) Any public officer, or any officer of any public or private
corporation or association, or any head, superior, or
administrator of any religious organization, or any
employer or land-owner who coerces or intimidates or
compels, or in any manner influence, directly or indirectly,
any of his subordinates or members or parishioners or
employees or house helpers, tenants, overseers, farm
helpers, tillers, or lease holders to aid, campaign or vote for
or against any candidate or any aspirant for the nomination
or selection of candidates.
(2) Any public officer or any officer of any commercial,
industrial, agricultural, economic or social enterprise or
public or private corporation or association, or any head,
superior or administrator of any religious organization, or
any employer or landowner who dismisses or threatens to
dismiss, punishes or threatens to punish be reducing his
salary, wage or compensation, or by demotion, transfer,
suspension, separation, excommunication, ejectment, or
causing him annoyance in the performance of his job or in
his membership, any subordinate member or affiliate,
parishioner, employee or house helper, tenant, overseer,
farm helper, tiller, or lease holder, for disobeying or not
complying with any of the acts ordered by the former to aid,
campaign or vote for or against any candidate, or any
aspirant for the nomination or selection of candidates.
(e) Threats, intimidation, terrorism, use of fraudulent
device or other forms of coercion. - Any person who,
directly or indirectly, threatens, intimidates or actually
causes, inflicts or produces any violence, injury,
punishment, damage, loss or disadvantage upon any person
or persons or that of the immediate members of his family,
his honor or property, or uses any fraudulent device or
scheme to compel or induce the registration or refraining
from registration of any voter, or the participation in a
campaign or refraining or desistance from any campaign, or
the casting of any vote or omission to vote, or any promise
of such registration, campaign, vote, or omission therefrom.
(f) Coercion of election officials and employees. - Any
person who, directly or indirectly, threatens, intimidates,
terrorizes or coerces any election official or employee in the
performance of his election functions or duties.
UNIVERSITY OF SANTO TOMAS
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(g) Appointment of new employees, creation of new
position, promotion, or giving salary increases. - During the
period of forty-five days before a regular election and thirty
days before a special election,
(1) any head, official or appointing officer of a government
office, agency or instrumentality, whether national or local,
including government-owned or controlled corporations,
who appoints or hires any new employee, whether
provisional, temporary or casual, or creates and fills any
new position, except upon prior authority of the
Commission. The Commission shall not grant the authority
sought unless, it is satisfied that the position to be filled is
essential to the proper functioning of the office or agency
concerned, and that the position shall not be filled in a
manner that may influence the election.
As an exception to the foregoing provisions, a new
employee may be appointed in case of urgent need:
Provided, however, That notice of the appointment shall be
given to the Commission within three days from the date of
the appointment. Any appointment or hiring in violation of
this provision shall be null and void.
(2) Any government official who promotes, or gives any
increase of salary or remuneration or privilege to any
government official or employee, including those in
government-owned or controlled corporations.
(h) Transfer of officers and employees in the civil
service. - Any public official who makes or causes any
transfer or detail whatever of any officer or employee in the
civil service including public school teachers, within the
election period except upon prior approval of the
Commission.
(i) Intervention of public officers and employees. - Any
officer or employee in the civil service, except those holding
political offices; any officer, employee, or member or the
Armed Forces of the Philippines, 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 organized who, directly or indirectly,
intervenes in any election campaign or engages in any
partisan political activity, except to vote or to preserve
public order, if he is a peace officer.
(j) Undue influence. - It is unlawful for any person to
promise any office or employment, public or private, or to
make or offer to make an expenditure, directly or indirectly,
or to cause an expenditure to be made to any person,
association, corporation or entity, which may induce
anyone or the public in general either to vote or withhold
his vote, or to vote for or against any candidate in any
election or any aspirant for the nomination or selection of
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an official candidate in a convention of a political party. It is
likewise unlawful for any person, association, corporation
or community, to solicit or receive, directly or indirectly,
any expenditure or promise or any office, or employment,
public or private, for any of the foregoing considerations.
(k) Unlawful electioneering. - It is unlawful to solicit votes
or undertake any propaganda on the day of registration
before the board of election inspectors and on the day of
election, for or against any candidate or any political party
within the polling place and with a radius of thirty
meters thereof.
(l) Prohibition against dismissal of employees,
laborers, or tenants. - No employee or laborer shall be
dismissed, nor a tenant be ejected from his landholdings for
refusing or failing to vote for any candidate of his employer
or landowner. Any employee, laborer or tenant so
dismissed or ejected shall be reinstated and the salary or
wage of the employee or laborer, or the share of the harvest
of the tenant, shall be restored to the aggrieved party upon
application to the proper court.
(m) Appointment or use of special policemen, special
agents, confidential agents or the like. - During the
campaign period, on the day before and on election day, any
appointing authority who appoints or any person who
utilizes the services of special policemen, special agents,
confidential agents or persons performing similar
functions; persons previously appointed as special
policemen, special agents, confidential agents or persons
performing similar functions who continue acting as such,
and those who fail to turn over their firearms, uniforms,
insignias and other badges of authority to the proper officer
who issued the same.
At the start of the aforementioned period, the barangay
chairman, municipal mayor, city mayor, provincial
governor, or any appointing authority shall submit to the
Commission a complete list of all special policemen, special
agents, confidential agents or persons performing similar
functions in the employ of their respective political
subdivisions, with such particulars as the Commission may
require.
(n) Illegal release of prisoners before and after election.
- The Director of the Bureau of Prisons, any provincial
warden, the keeper of the jail or the person or persons
required by law to keep prisoners in their custody who
illegally orders or allows any prisoner detained in the
national penitentiary, or the provincial, city or municipal
jail to leave the premises thereof sixty days before and
thirty days after the election. The municipal or city warden,
the provincial warden, the keeper of the jail or the person
or persons required by law to keep prisoners in their
UNIVERSITY OF SANTO TOMAS
APEL - GARGANTIEL PROVIS [FINALS]
custody shall post in three conspicuous public places a list
of the prisoners or detention prisoners under their care.
Detention prisoners must be categorized as such.
(o) Use of public funds, money deposited in trust,
equipment, facilities owned or controlled by the
government for an election campaign. - Any person who
uses under any guise whatsoever, directly or indirectly,
(1) public funds or money deposited with, or held in trust
by, public financing institutions or by government offices,
banks, or agencies;
(2) any printing press, radio, or television station or audio-
visual equipment operated by the Government or by its
divisions, sub-divisions, agencies or instrumentalities,
including government-owned or controlled corporations,
or by the Armed Forces of the Philippines; or
(3) any equipment, vehicle, facility, apparatus, or
paraphernalia owned by the government or by its political
subdivisions, agencies including government-owned or
controlled corporations, or by the Armed Forces of the
Philippines for any election campaign or for any partisan
political activity.
(p) Deadly weapons. - Any person who carries any deadly
weapon in the polling place and within a radius of one
hundred meters thereof during the days and hours fixed by
law for the registration of voters in the polling place, voting,
counting of votes, or preparation of the election returns.
However, in cases of affray, turmoil, or disorder, any peace
officer or public officer authorized by the Commission to
supervise the election is entitled to carry firearms or any
other weapon for the purpose of preserving order and
enforcing the law.
(q) Carrying firearms outside residence or place of
business. - Any person who, although possessing a permit
to carry firearms, carries any firearms outside his residence
or place of business during the election period, unless
authorized in writing by the Commission: Provided, That a
motor vehicle, water or air craft shall not be considered a
residence or place of business or extension hereof.
This prohibition shall not apply to cashiers and disbursing
officers while in the performance of their duties or to
persons who by nature of their official duties, profession,
business or occupation habitually carry large sums of
money or valuables.
(r) Use of armored land, water or air craft. - Any person
who uses during the campaign period, on the day before and
on election day, any armored land, water or air craft,
provided with any temporary or permanent equipment or
any other device or contraption for the mounting or
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installation of cannons, machine guns and other similar high
caliber firearms, including military type tanks, half trucks,
scout trucks, armored trucks, of any make or model,
whether new, reconditioned, rebuilt or remodelled:
Provided, That banking or financial institutions and all
business firms may use not more than two 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 Commission.
(s) Wearing of uniforms and bearing arms. - During the
campaign period, on the day before and on election day, any
member of security or police organization of government
agencies, commissions, councils, bureaus, offices, or
government-owned or controlled corporations, or
privately-owned or operated security, investigative,
protective or intelligence agencies, who wears his uniform
or uses his insignia, decorations or regalia, or bears arms
outside the immediate vicinity of his place of work:
Provided, That this prohibition shall not apply when said
member is in pursuit of a person who has committed or is
committing a crime in the premises he is guarding; or when
escorting or providing security for the transport of payrolls,
deposits, or other valuables; or when guarding the
residence of private persons or when guarding private
residences, buildings or offices: Provided, further, That in
the last case prior written approval of the Commission shall
be obtained. The Commission shall decide all applications
for authority under this paragraph within fifteen days from
the date of the filing of such application.
During the same period, and ending thirty days thereafter
any member of the Armed Forces of the Philippines, special,
forces, home defense forces, barangay self-defense units
and all other para-military units that now exist or which
may hereafter be organized who wears his uniform or bears
arms outside the camp, garrison or barracks to which he is
assigned or detailed or outside their homes, in case of
members of para-military units, unless (1) the President of
the Philippines shall have given previous authority therefor,
and the Commission notified thereof in writing, or (2) the
Commission authorizes him to do so, which authority it
shall give only when necessary to assist it in maintaining
free, orderly and honest elections, and only after notice and
hearing. All personnel of the Armed Forces authorized by
the President or the Commission to bear arms or wear their
uniforms outside their camps and all police and peace
officers shall bear their true name, rank and serial number,
if any, stitched in block letters on a white background on the
left breast of their uniform, in letters and numbers of a
clearly legible design at least two centimeters tall, which
shall at all times remain visible and uncovered.
UNIVERSITY OF SANTO TOMAS
APEL - GARGANTIEL PROVIS [FINALS]
During the election period, whenever the Commission finds
it necessary for the promotion of free, orderly, honest and
peaceful elections in a specific area, it shall confiscate or
order the confiscation of firearms of any member or
members of the Armed Forces of the Philippines, police
forces, home defense forces, barangay self-defense units,
and all other para-military units that now exist, or which
may hereafter be organized, or any member or members of
the security or police organization, government ministries,
commissions, councils, bureaus, offices, instrumentalities,
or government-owned or controlled corporations 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) Policemen and provincial guards acting as
bodyguards or security guards. - During the campaign
period, on the day before and on election day, any member
of the city or municipal police force, any provincial or sub-
provincial guard, any member of the Armed Forces of the
Philippines, special forces, home defense forces, barangay
self-defense units and all other para-military units that now
exist or which may hereafter be organized who acts as
bodyguard or security guard of any public official, candidate
or any other person, and any of the latter who utilizes the
services of the former as bodyguard or security guard:
Provided, That, after due notice and hearing, when the life
and security of a candidate is in jeopardy, the Commission
is empowered to assign at the candidate's choice, any
member of the Philippine Constabulary or the police force
of any municipality within the province to act as his
bodyguard or security guard in a number to be determined
by the Commission but not to exceed three per candidate:
Provided, however, That when the circumstances require
immediate action, the Commission may issue a temporary
order allowing the assignment of any member of the
Philippine Constabulary or the local police force to act as
bodyguard or security guard of the candidate, subject to
confirmation or revocation.
(u) Organization or maintenance of reaction forces,
strike forces, or other similar forces. - Any person who
organizes or maintains a reaction force, strike force or
similar force during the election period.
The heads of all reaction forces, strike forces, or similar
forces shall, not later than forty-five days before the
election, submit to the Commission a complete list of all
members thereof with such particulars as the Commission
may require.
(v) Prohibition against release, disbursement or
expenditure of public funds. - Any public official or
employee including barangay officials and those of
government-owned or controlled corporations and their
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subsidiaries, who, during forty-five days before a regular
election and thirty days before a special election, releases,
disburses or expends any public funds for:
(1) Any and all kinds of public works, except the
following:
(a) Maintenance of existing and/or completed public works
project: Provided, That not more than the average number
of laborers or employees already employed therein during
the six-month period immediately prior to the beginning of
the forty-five day period before election day shall be
permitted to work during such time: Provided, further, That
no additional laborers shall be employed for maintenance
work within the said period of forty-five days;
(b) Work undertaken by contract through public bidding
held, or by negotiated contract awarded, before the forty-
five day period before election: Provided, That work for the
purpose of this section undertaken under the so-called
"takay" or "paquiao" system shall not be considered as work
by contract;
(c) Payment for the usual cost of preparation for working
drawings, specifications, bills of materials, estimates, and
other procedures preparatory to actual construction
including the purchase of materials and equipment, and all
incidental expenses for wages of watchmen and other
laborers employed for such work in the central office and
field storehouses before the beginning of such period:
Provided, That the number of such laborers shall not be
increased over the number hired when the project or
projects were commenced; and
(d) Emergency work necessitated by the occurrence of a
public calamity, but such work shall be limited to the
restoration of the damaged facility.
No payment shall be made within five days before the date
of election to laborers who have rendered services in
projects or works except those falling under subparagraphs
(a), (b), (c), and (d), of this paragraph.
This prohibition shall not apply to ongoing public works
projects commenced before the campaign period or similar
projects under foreign agreements. For purposes of this
provision, it shall be the duty of the government officials or
agencies concerned to report to the Commission the list of
all such projects being undertaken by them.
(2) The Ministry of Social Services and Development and
any other office in other ministries of the government
performing functions similar to said ministry, except for
salaries of personnel, and for such other routine and normal
expenses, and for such other expenses as the Commission
UNIVERSITY OF SANTO TOMAS
APEL - GARGANTIEL PROVIS [FINALS]
may authorize after due notice and hearing. Should a
calamity or disaster occur, all releases normally or usually
coursed through the said ministries and offices of other
ministries shall be turned over to, and administered and
disbursed by, the Philippine National Red Cross, subject to
the supervision of the Commission on Audit or its
representatives, and no candidate or his or her spouse or
member of his family within the second civil degree of
affinity or consanguinity shall participate, directly or
indirectly, in the distribution of any relief or other goods to
the victims of the calamity or disaster; and
(3) The Ministry of Human Settlements and any other office
in any other ministry of the government performing
functions similar to said ministry, except for salaries of
personnel and for such other necessary administrative or
other expenses as the Commission may authorize after due
notice and hearing.
(w) Prohibition against construction of public works,
delivery of materials for public works and issuance of
treasury warrants and similar devices. - During the period
of forty-five days preceding a regular election and thirty
days before a special election, any person who (a)
undertakes the construction of any public works, except for
projects or works exempted in the preceding paragraph; or
(b) issues, uses or avails of treasury warrants or any device
undertaking future delivery of money, goods or other things
of value chargeable against public funds.
(x) Suspension of elective provincial, city, municipal or
barangay officer. - The provisions of law to the contrary
notwithstanding during the election period, any public
official who suspends, without prior approval of the
Commission, any elective provincial, city, municipal or
barangay officer, unless said suspension will be for
purposes of applying the "Anti-Graft and Corrupt Practices
Act" in relation to the suspension and removal of elective
officials; in which case the provisions of this section shall be
inapplicable.
(y) On Registration of Voters:
(1) Any person who, having all the qualifications and none
of the disqualifications of a voter, fails without justifiable
excuse to register as a voter in an election, plebiscite or
referendum in which he is qualified to vote.
(2) Any person who knowingly makes any false or
untruthful statement relative to any of the data or
information required in the application for registration.
(3) Any person who deliberately imprints or causes the
imprinting of blurred or indistinct fingerprints on any of the
copies of the application for registration or on the voter's
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affidavit; or any person in charge of the registration of
voters who deliberately or through negligence, causes or
allows the imprinting of blurred or indistinct fingerprints
on any of the aforementioned registration forms, or any
person who tampers with the fingerprints in said
registration records.
(4) Any member of the board of election inspectors who
approves any application which on its face shows that the
applicant does not possess all the qualifications prescribed
by law for a voter; or who disapproves any application
which on its face shows that the applicant possesses all such
qualifications.
(5) Any person who, being a registered voter, registers
anew without filing an application for cancellation of his
previous registration.
(6) Any person who registers in substitution for another
whether with or without the latter's knowledge or consent.
(7) Any person who tampers with or changes without
authority any data or entry in any voter's application for
registration.
(8) Any person who delays, hinders or obstruct another
from registering.
(9) Any person who falsely certifies or identifies another as
a bona fide resident of a particular place or locality for the
purpose of securing the latter's registration as a voter.
(10) Any person who uses the voter's affidavit of another
for the purpose of voting, whether or not he actually
succeeds in voting.
(11) Any person who places, inserts or otherwise includes,
as approved application for registration in the book of
voters or in the provincial or national central files of
registered voters, the application of any fictitious voter or
any application that has not been approved; or removes
from, or otherwise takes out of the book of voters or the
provincial or national central files of registered voters any
duly approved voter's application, except upon lawful order
of the Commission, or of a competent court or after proper
cancellation as provided in Sections 122, 123, 124 and 125
hereof.
(12) Any person who transfers or causes the transfer of the
registration record of a voter to the book of voters of
another polling place, unless said transfer was due to a
change of address of the voter and the voter was duly
notified of his new polling place.
UNIVERSITY OF SANTO TOMAS
APEL - GARGANTIEL PROVIS [FINALS]
(13) Any person who asks, demands, takes, accepts or
possesses, directly or indirectly, the voter's affidavit 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 asking, demanding, taking, accepting, or
possessing is with such intent if done within the period
beginning ten days before election day and ending ten days
after election day, unless the voter's affidavit of another and
the latter are both members of the same family.
(14) Any person who delivers, hands over, entrusts, gives,
directly or indirectly his voter's affidavit to another in
consideration of money or other benefit or promises
thereof, or takes or accepts such voter's affidavit directly or
indirectly, by giving or causing the giving of money or other
benefit or making or causing the making of a promise
thereof.
(15) Any person who alters in any manner, tears, defaces,
removes or destroys any certified list of voters.
(16) Any person who takes, carries or possesses any blank
or unused registration form already issued to a city or
municipality outside of said city or municipality except as
otherwise provided in this Code or when directed by
express order of the court or of the Commission.
(17) Any person who maliciously omits, tampers or
transfers to another list the name of a registered voter from
the official list of voters posted outside the polling place.
(z) On voting:
(1) Any person who fails to cast his vote without justifiable
excuse.
(2) Any person who votes more than once in the same
election, or who, not being a registered voter, votes in an
election.
(3) Any person who votes in substitution for another
whether with or without the latter's knowledge and/or
consent.
(4) Any person who, not being illiterate or physically
disabled, allows his ballot to be prepared by another, or any
person who prepares the ballot of another who is not
illiterate or physically disabled, with or without the latter's
knowledge and/or consent.
(5) Any person who avails himself of any means of scheme
to discover the contents of the ballot of a voter who is
preparing or casting his vote or who has just voted.
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(6) Any voter who, in the course of voting, uses a ballot
other than the one given by the board of election inspectors
or has in his possession more than one official ballot.
(7) Any person who places under arrest or detains a voter
without lawful cause, or molests him in such a manner as to
obstruct or prevent him from going to the polling place to
cast his vote or from returning home after casting his vote,
or to compel him to reveal how he voted.
(8) Any member of the board of election inspectors charged
with the duty of reading the ballot during the counting of
votes who 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 ballot.
(9) Any member of the board of election inspectors charged
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 records erroneously the votes as read, or
records a vote where no such vote has been read by the
chairman.
(10) Any member of a board of election inspectors who has
made possible the casting of more votes than there are
registered voters.
(11) Any person who, for 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 official ballots, the postponement of the election,
the transfer of polling place or the general conduct of the
election.
(12) Any person who, without legal authority, destroys,
substitutes or takes away from 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 official ballots or other
documents used in the election.
(13) Any person having legal custody of the ballot box
containing the official ballots used in the election who opens
or destroys said box or removes or destroys its contents
without or against the order of the Commission or who,
through his negligence, enables any person to commit any
of the aforementioned acts, or takes away said ballot box
from his custody.
UNIVERSITY OF SANTO TOMAS
APEL - GARGANTIEL PROVIS [FINALS]
(14) Any member of the board of election inspectors who
knowingly uses ballots other than the official ballots, except
in those cases where the use of emergency ballots is
authorized.
(15) Any public official who neglects or fails to properly
preserve or account for any ballot box, documents and
forms received by him and kept under his custody.
(16) Any person who reveals the contents of the ballot of an
illiterate or disabled voter whom he assisted in preparing a
ballot.
(17) Any person who, without authority, transfers the
location of a polling place.
(18) Any person who, without authority, prints or causes
the printing of any ballot or election returns that appears as
official 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 used.
(19) Any person who, without authority, keeps, uses or
carries out or causes to be kept, used or carried out, any
official ballot or election returns or printed proof thereof,
type-form mould, electro-type printing plates and any other
plate, numbering machines and other printing
paraphernalia being used in connection with the printing of
official ballots or election returns.
(20) Any official or employee of any printing establishment
or of the Commission or any member of the committee in
charge of the printing of official ballots or election returns
who causes official ballots or election returns to be printed
in quantities exceeding those authorized by the
Commission or who distributes, delivers, or in any manner
disposes of or causes to be distributed, delivered, or
disposed of, any official ballot or election returns to any
person or persons not authorized by law or by the
Commission to receive or keep official ballots or election
returns or who sends or causes them to be sent to any place
not designated by law or by the Commission.
(21) Any person who, through any act, means or device,
violates the integrity of any official ballot or election returns
before or after they are used in the election.
(22) Any person who removes, tears, defaces or destroys
any certified list of candidates posted inside the voting
booths during the hours of voting.
(23) Any person who holds or causes the holding of an
election on any other day than that fixed by law or by the
Commission, or stops any election being legally held.
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(24) Any person who deliberately blurs his fingerprint in
the voting record.
(aa) On Canvassing:
(1) Any chairman of the board of canvassers 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 board.
(2) Any member of the board of canvassers who proceeds
with the canvass of the votes and/or proclamation of any
candidate which was suspended or annulled by the
Commission.
(3) Any member of the board of canvassers who
proceeds with the canvass of votes and/or proclamation of
any candidate in the absence of quorum, or without giving
due notice of the date, time and place of the meeting of the
board to the candidates, political parties, and/or other
members of the board.
(4) Any member of the board of canvassers who, without
authority of the Commission, uses in the canvass of votes
and/or proclamation of any candidate any document other
than the official copy of the election returns.
(bb) Common to all boards of election inspectors and
boards of canvassers:
(1) Any member of any board of election inspectors or
board of canvassers who deliberately absents himself from
the meetings of said body for the purpose of obstructing or
delaying the performance of its duties or functions.
(2) Any member of any board of election inspectors or
board of canvassers who, without justifiable reason, refuses
to sign and certify any election form required by this Code
or prescribed by the Commission although he was present
during the meeting of the said body.
(3) Any person who, being ineligible for appointment as
member of any board of election inspectors or board of
canvassers, accepts an appointment to said body, assumes
office, and actually serves as a member thereof, or any of
public officer or any person acting in his behalf who
appoints such ineligible person knowing him to be
ineligible.
(4) Any person who, in the presence or within the hearing
of any board of election inspectors or board of canvassers
during any of its meetings, conducts himself in such a
disorderly manner as to interrupt or disrupt the work or
proceedings to the end of preventing said body from
performing its functions, either partly or totally.
UNIVERSITY OF SANTO TOMAS
APEL - GARGANTIEL PROVIS [FINALS]
(5) Any public official or person acting in his behalf who
relieves any member of any board of election inspectors or
board of canvassers or who changes or causes the change of
the assignments of any member of said board of election
inspectors or board of canvassers without authority of the
Commission.
(cc) On candidacy and campaign:
(1) Any political party which holds political conventions or
meetings to nominate its official candidates earlier that the
period fixed in this Code.
(2) Any person who abstracts, destroys or cancels any
certificate of candidacy duly filed and which has not been
cancelled upon order of the Commission.
(3) Any person who misleads the board of election
inspectors by submitting any false or spurious certificate of
candidacy or document to the prejudice of a candidate.
(4) Any person who, being authorized to receive certificates
of candidacy, receives any certificate of candidacy outside
the period for filing the same and makes it appear that said
certificate of candidacy was filed on time; or any person
who, by means of fraud, threat, intimidation, terrorism or
coercion, causes or compels the commission of said act.
(5) Any person who, by any device or means, jams,
obstructs or interferes with a radio or television broadcast
of any lawful political program.
(6) Any person who solicits votes or undertakes any
propaganda, on the day of election, for or against any
candidate or any political party within the polling place or
within a radius of thirty meters thereof.
(dd) Other prohibitions:
(1) Any person who sells, furnishes, offers, buys, serves or
takes intoxicating liquor on the days fixed by law for the
registration of voters in the polling place, or on the day
before the election or on election day: Provided, That hotels
and other establishments duly certified by the Ministry of
Tourism as tourist oriented and habitually in the business
of catering to foreign tourists may be exempted for
justifiable reasons upon prior authority of the Commission:
Provided, further, That foreign tourists taking intoxicating
liquor in said authorized hotels or establishments are
exempted from the provisions of this subparagraph.
(2) Any person who opens in any polling place or within a
radius of thirty meters thereof on election day and during
the counting of votes, booths or stalls of any kind for the
sale, dispensing or display of wares, merchandise or
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refreshments, whether solid or liquid, or for any other
purposes.
(3) Any person who holds on election day, fairs, cockfights,
boxing, horse races, jai-alai or any other similar sports.
(4) Refusal to carry election mail matter. - Any operator
or employee of a public utility or transportation company
operating under a certificate of public convenience,
including government-owned or controlled postal service
or its employees or deputized agents who refuse to carry
official election mail matters free of charge during the
election period. In addition to the penalty prescribed
herein, such refusal shall constitute a ground for
cancellation or revocation of certificate of public
convenience or franchise.
(5) Prohibition against discrimination in the sale of air time.
- Any person who operates a radio or television station who
without justifiable cause discriminates against any political
party, coalition or aggroupment of parties or any candidate
in the sale of air time. In addition to the penalty prescribed
herein, such refusal shall constitute a ground for
cancellation or revocation of the franchise.
Section 262. Other election offenses. - Violation of the
provisions, or pertinent portions, of the following sections
of this Code shall constitute election offenses: Sections 9, 18,
74, 75, 76, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 95, 96, 97,
98, 99, 100, 101, 102, 103, 104, 105, 106 107, 108, 109, 110,
111, 112, 122, 123, 127, 128, 129, 132, 134, 135, 145, 148,
150, 152, 172, 173, 174, 178, 180, 182, 184, 185, 186, 189,
190, 191, 192, 194, 195, 196, 197, 198, 202, 203, 204, 205,
206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217,
218, 219, 220, 223, 229, 230, 231, 233, 234, 235, 236, 239
and 240.
Section 263. Persons criminally liable. - The principals,
accomplices, and accessories, as defined in the Revised
Penal Code, shall be criminally liable for election offenses. If
the one responsible be a political party or an entity, its
president or head, the officials and employees of the same,
performing duties connected with the offense committed
and its members who may be principals, accomplices, or
accessories shall be liable, in addition to the liability of such
party or entity.
Section 264. Penalties. - Any person found guilty of any
election offense under this Code shall be punished with
imprisonment of not less than one year but not more than
six years and shall not be subject to probation. In addition,
the guilty party shall be sentenced to suffer disqualification
to hold public office and deprivation of the right of suffrage.
If he is a foreigner, he shall be sentenced to deportation
which shall be enforced after the prison term has been
UNIVERSITY OF SANTO TOMAS
APEL - GARGANTIEL PROVIS [FINALS]
served. Any political party found guilty shall be sentenced
to pay a fine of not less than ten thousand pesos, which shall
be imposed upon such party after criminal action has been
instituted in which their corresponding officials have been
found guilty.
In case of prisoner or prisoners illegally released from any
penitentiary or jail during the prohibited period as
provided in Section 261, paragraph (n) of this Code, the
director of prisons, provincial warden, keeper of the jail or
prison, or persons who are required by law to keep said
prisoner in their custody shall, if convicted by a competent
court, be sentenced to suffer the penalty of prision mayor in
its maximum period if the prisoner or prisoners so illegally
released commit any act of intimidation, terrorism of
interference in the election.
Any person found guilty of the offense of failure to register
or failure to vote shall, upon conviction, be fined one
hundred pesos. In addition, he shall suffer disqualification
to run for public office in the next succeeding election
following his conviction or be appointed to a public office
for a period of one year following his conviction.
Section 265. Prosecution. - The Commission shall, through
its duly authorized legal officers, have the exclusive power
to conduct preliminary investigation of all election offenses
punishable under this Code, and to prosecute the same. The
Commission may avail of the assistance of other
prosecuting arms of the government: Provided, however,
That in the event that the Commission fails to act on any
complaint within four months from his filing, the
complainant may file the complaint with the office of the
fiscal or with the Ministry of Justice for proper investigation
and prosecution, if warranted.
Section 266. Arrest in connection with the election
campaign. - No person shall be arrested and/or detained at
any time for any alleged offense committed during and in
connection with any election through any act or language
tending to support or oppose any candidate, political party
or coalition of political parties under or pursuant to any
order of whatever name or nature and by whomsoever
issued except only upon a warrant of arrest issued by a
competent judge after all the requirements of the
Constitution shall have been strictly complied with.
If the offense charged is punishable under a presidential
decree whether originally or by amendment of a previous
law, the death penalty shall not be imposed upon the
offender except where murder, rape or arson is involved. In
all cases, the penalty shall not be higher than reclusion
perpetua and the offender shall be entitled to reasonable
bail upon sufficient sureties to be granted speedily by the
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competent court. Moreover, loss of the right of citizenship
and confiscation of property shall not be imposed.
Any officer or a person who shall violate any provision of
this section shall be punished by imprisonment of not less
than six (6) years and one (1) day nor more than twelve (12)
years, with the accessory penalties for election offenses.
The provision of Section 267 of this Code shall not apply to
prosecution under this section.
Section 267. Prescription. - Election offenses shall
prescribe after five years from the date of their commission.
If the discovery of the offense be made in an election contest
proceedings, the period of prescription shall commence on
the date on which the judgment in such proceedings
becomes final and executory.
Section 268. Jurisdiction of courts. - The regional trial
court shall have the exclusive original jurisdiction to try and
decide any criminal action or proceedings for violation of
this Code, except those relating to the offense of failure to
register or failure to vote which shall be under the
jurisdiction of the metropolitan or municipal trial courts.
From the decision of the courts, appeal will lie as in other
criminal cases.
Section 269. Preferential disposition of election
offenses. - The investigation and prosecution of cases
involving violations of the election laws shall be given
preference and priority by the Commission on Elections and
prosecuting officials. Their investigation shall be
commenced without delay, and shall be resolved by the
investigating officer within five days from its submission for
resolution. The courts shall likewise give preference to
election offenses over all other cases, except petitions for
writ of habeas corpus. Their trial shall likewise be
commenced without delay, and shall be conducted
continuously until terminated, and the case shall be decided
within thirty days from its submission for decision.
UNIVERSITY OF SANTO TOMAS
APEL - GARGANTIEL PROVIS [FINALS]
ACT AMENDING RA 8436
RA 9369
SECTION 28. Section 29 of Republic Act No. 8436 is hereby
amended to read as follows:
"SECTION 35. Prohibited Acts and Penalties. - The
following shall be penalized as provided in this Act, whether
or not said acts affect the electoral process or results:
"(a) Utilizing without authorization, tampering with,
damaging, destroying or stealing:
"(1) Official ballots, election returns, and certificates of
canvass of votes used in the system; and
"(2) Electronic devices or their components, peripherals or
supplies used in the AES such as counting machine, memory
pack/diskette, memory pack receiver and computer set;
"(b) Interfering with, impeding, absconding for purpose of
gain, preventing the installation or use of computer
counting devices and the processing, storage, generation
and transmission of election results, data or information;
"(c) Gaining or causing access to using, altering, destroying
or disclosing any computer data, program, system software,
network, or any computer-related devices, facilities,
hardware or equipment, whether classified or declassified;
"(d) Refusal of the citizens' arm to present for perusal its
copy of election return to the board of canvassers;
"(e) Presentation by the citizens' arm of tampered or
spurious election returns;
"(f) Refusal or failure to provide the dominant majority and
dominant minority parties or the citizens' arm their copy of
election returns; and
"(g) The failure to post the voters' list within the specified
time, duration and in the designated location shall
constitute an election offense on the part [of] the election
officer concerned."
"Any person convicted for violation of this Act, except those
convicted of the crime of electoral sabotage, shall be
penalized with imprisonment of eight years and one day to
twelve (12) years without possibility of parole, and
perpetual disqualification to hold public office and
deprivation of the right of suffrage. Moreover, the offender
shall be perpetually disqualified to hold any non-elective
public office."
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THE ELECTORAL REFORMS LAW OF 1987
RA 6646
Section 11. Prohibited Forms of Election Propaganda. -
In addition to the forms of election propaganda prohibited
under Section 85 of Batas Pambansa Blg. 881, it shall be
unlawful:
(a) to draw, paint, inscribe, write, post, display or publicly
exhibit any election propaganda in any place, whether
private, or public, except in the common poster areas
and/or billboards provided in the immediately preceding
section, at the candidate's own residence, or at the
campaign headquarters of the candidate or political party:
Provided, That such posters or election propaganda shall in
no case exceed two (2) feet by three (3) feet in area:
Provided further, That at the site of and on the occasion of a
public meeting or rally, streamers, not more than two (2)
and not exceeding three (3) feet by eight (8) feet each may
be displayed five (5) days before the date of the meeting or
rally, and shall be removed within twenty-four (24) hours
after said meeting or rally; and
(b) for any newspaper, radio broadcasting or television
station, or other mass media, or any person making use of
the mass media to sell or to give free of charge print space
or air time for campaign or other political purposes except
to the Commission as provided under Sections 90 and 92 of
Batas Pambansa Blg. 881. Any mass media columnist,
commentator, announcement or personality who is a
candidate for any elective public office shall take a leave of
absence from his work as such during the campaign period.
Section 28. Prosecution of Vote-buying and Vote-
selling. - The presentation of a complaint for violations of
paragraph (a) or (b) of Section 261 of Batas Pambansa Blg.
881 supported by affidavits of complaining witnesses
attesting to the offer or promise by or of the voter's
acceptance of money or other consideration from the
relatives, leaders or sympathizers of a candidate, shall be
sufficient basis for an investigation to be immediately
conducted by the Commission, directly or through its duly
authorized legal officers, under Section 68 or Section 265 of
said Batas Pambansa Blg. 881.
Proof that at least one voter in different precincts
representing at least twenty percent (20%) of the total
precincts in any municipality, city or province has been
offered, promised or given money, valuable consideration
or other expenditure by a candidate's relatives, leaders
and/or sympathizers for the purpose of promoting the
election of such candidate, shall constitute a disputable
presumption of a conspiracy under paragraph (b) of Section
261 of Batas Pambansa Blg. 881.
UNIVERSITY OF SANTO TOMAS FACULTY OF CIVIL LAW
APEL - GARGANTIEL PROVIS [FINALS] AY 2021 - 2022

Where such proof affect at least twenty percent (20%) of

the precincts of the municipality, city or province to which
the public office aspired by the favored candidate relates,
the same shall constitute a disputable presumption of the
involvement of such candidate and of his principal
campaign managers in each of the municipalities
concerned, in the conspiracy.

The giver, offerer, and promisor as well as the solicitor,

acceptor, recipient and conspirator referred to in
paragraphs (a) and (b) of Section 261 of Batas Pambansa
Blg. 881 shall be liable as principals: Provided, That any
persons, otherwise guilty under said paragraphs who
voluntarily gives information and willingly testifies on any
violation thereof in any official investigation or proceeding
shall be exempt from prosecution and punishment for the
offenses with reference to which his information and
testimony were given: Provided, further, That nothing
herein shall exempt such person from criminal prosecution
for perjury or false testimony.

I pray that you find this file helpful in your studies, regardless
of whether or not I intended you to have this. By this point and
at the very least, you are already more than halfway through
law school. That would mean that you are very capable and
intelligent. We will become the lawyers we aspire to be.
Hinihintay na tayo ng mga future clients natin.

Rest as much as you must, pero walang susuko. Laban lang!

Good luck!

Josh Palomera
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