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ATENEO ELECTION LAW 2008

GENERAL PRINCIPLES

Sources of Philippine election la

The election laws of the Philippines arecontained in the following:

1987 Constitution BP 881 (Omnibus lection Code!

"# $$%$ (lectoral "eforms &aw of

1987!

"# $$79 (Baranga' lections!

"# $7) (&aw Pro*iding for +nitiati*e

and "eferendum!

"# 71$$ (1991 ,'nchroni-ed

lections &aw!

"# 79%1 (lection of Part'.&ist

"epresentati*es!

"# 8189 (Continuing "egistration!

"# 8%$ (#utomated lection ,'stem!

"# 8)/%

"# 900$ (air lection #ct of /001!

T!EOR" O# POP$LAR SO%EREIGNT"

#rt2 ++3 ,ec2 1 1987 Constitution:

The Philippines is a democraticand republican state2,o*ereignt' resides in thepeople and all go*ernmentauthorit' emanates fromthem2

# democratic and republicango*ernment deri*es all its powers3 directl' orindirectl'3 from the people at large2 +ts essenceis indirect rule2 #ctual so*ereignt' is e4ercisedb' the people b' means of suffrage2

Suffra&e 'efine'

,uffrage is the right and obligation of5ualified citi-ens to *ote:

(1! in the election of certain nationaland local officials3 and

(/! in the decision of public 5uestionssubmitted to the people2

+t is a political right which enablese*er' citi-en to participate in the process ofgo*ernment to assure that it deri*es it powersfrom the consent of the go*erned2 +t operateson the principle of 6one man (or one woman)3one *ote26

,uffrage is not a natural right but apri*ilege which ma' be gi*en or withheld b'the lawmaing power subect to constitutionallimitations2 +t is not necessaril' an

accompaniment of citi-enship it is grantedonl' upon the fulfillment of certain minimumconditions2

Scope of suffra&e

,uffrage encompasses the following:

(1!Electionlection is the means b' which the people

choose their officials for definite periods and towhom the' entrust3 for the time being as theirrepresentati*es3 the e4ercise of powers ofgo*ernment2 +t in*ol*es the choice ofcandidates to public office b' popular *ote2a2 "egular election refers to an election

participated in b' thosewho possess the right ofsuffrage and notdis5ualified b' law andwho are registered *oters

b2 ,pecial election when there is failure ofelection on the scheduleddate of regular election ina particular place orwhich is conducted to fillup certain *acancies3 aspro*ided b' law (e42 Tofill in *acanc' in officebefore the e4piration ofthe term for whichincumbent was elected!

(/! PlebiscitePlebiscite is the submission of constitutional

amendments or important legislati*e measuresto the people for ratification2

(! Referendum"eferendum is the power of the electorate

to appro*e or reect legislation through anelection called for the purpose2 (Sec. 2c, R.A.6735) +t ma' be of / classes3 namel':

(a) "eferendum on statutes3 which refersto a petition to appro*e or reect an actor law3 or part thereof3 passed b'Congress and

(b) "eferendum on local law which refersto a petition to appro*e or reect a law3resolution or ordinance enacted b'regional assemblies and local legislati*ebodies

(%! Initiatie

+nitiati*e is the power of the people to

propose amendments to the Constitution orto propose and enact legislation through anelection called for the purpose2 (Sec. 2a,R.A. 6735) There are s'stems ofinitiati*e3 namel':

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(a) +nitiati*e on the Constitution

which refers to a petitionproposing amendments to theConstitution

(b) +nitiati*e on statutes3 whichrefers to a petition proposing toenact a national legislation

(c) +nitiati*e on local legislationwhich refers to a petitionproposing to enact a regional3pro*incial3 cit'3 municipal orbaranga' law3 resolution orordinance

!otethat in the case of Santia"o .#$%E&E#, the ,upreme Court heldthat there is no law 'et that issufficient enough for proposingamendments to the Constitution2"2#2 $7) was deemed sufficient forstatutor' amendments but not

Constitutional amendments2

()! Recall

"ecall is the termination of officialrelationship of a local electi*e official forloss of confidence prior to the e4piration ofhis term through the will of the electorate2

Who can e(ercise

;nder #rt2

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educational acti*ities3 wor in the militar' orna*al reser*ations within the Philippines3

ser*ice in the #P3 the PAP3 or confinement ordetention in go*ernment institutions inaccordance with law3 shall not be deemed toha*e lost his original residence2 (Sec. , R.A.--)

+t is not necessar' that a personshould ha*e a house in order to establish his

residence or domicile in a municipalit'2 +t isenough that he should li*e there3 pro*ided thathis sta' is accompanied b' his intention toreside therein permanentl'2

&iterac/ re0uirements

The Constitution imposes no literac're5uirements hence illiterates ha*e the rightto *ote2

Pro(ert/ re0uirements

Aeither does the Constitution impose

an' propert' re5uirement since propert'ownership is not a test of indi*idual capacit'2# propert' re5uirement is not onl' inconsistentwith the concept of a republican go*ernment3

but with the social ustice principle of e5ualopportunit' as well2

'ormal education

ormal education is no guarantee forgood citi-enship or intelligent *oting2

Se1

There is no ade5uate or ustifiablebasis for depri*ing women of e5ual *otingrights2

a1(a/in" Abilit/

This is related to propert' re5uirement2

Ro)ual'e*+,arcos -. CO,ELEC (2-S#RA 344)

+t is the fact of residence3 not astatement in the certificate of candidac'which ought to be decisi*e in determining

whether or not an indi*idual has satisfiedthe Constitutions residenc' 5ualificationre5uirement2

To successfull' effect a change ofdomicile3 one must demonstrate: (1! anactual remo*al or an actual change ofdomicile (/! a bona fide intention ofabandoning the former place of residenceand establishing a new one and3 (! actswhich correspond with the purpose2

A/uino -. CO,ELEC(2- S#RA 44)

The place where a part' actuall' or

constructi*el' has his permanent home3where he3 no matter where he ma' befound at na' gi*en time3 e*entuall' intendsto return and remain3 i2e23 his domicile3 isthat to which the Constitution refers whenit speas of residence for the purpose ofelection law2 The purpose is to e4cludestrangers or newcomers unfamiliar with the

conditions and needs of the communit'from taing ad*antage of fa*orablecircumstances e4isting in that communit'for electoral gain2

is/ualifications

(1) Persons sentenced b' finaludgment to suffer imprisonment fornot less than one (1! 'ear2 (!ote*e s*e s*all automaticall/ re+ac0uire t*e ri"*t to ote u(on t*ee1(iration of 5 /ears after t*eserice of sentence.)

(2) Persons adudged b' final udgmentof ha*ing committed an' crimein*ol*ing dislo'alt' to the dul'constituted go*ernment (e2g2rebellion3 sedition3 *iolation of thefirearms law! or an' crime againstnational securit'2 (!ote *e s*es*all automaticall/ re+ac0uire t*eri"*t to ote u(on t*e e1(iration of5 /ears after t*e serice ofsentence.)

(3) +nsane or incompetent persons asdeclared b' competent authorit'2

T!E CO,ELEC

Purpose

The purpose of the CO>&C is toprotect the sanctit' of the ballot and to ensure

the free and honest e4press of the popular will2

To achie*e this3 the CO>&C wascreated as an independent administrati*etribunal3 co.e5ual with the other departments

with respect to the powers *ested in it3 and notunder an' of the branches of o*ernment2The intention is to place it outside the influenceof political parties and the control of thelegislati*e3 e4ecuti*e3 and udicial organs ofthe go*ernment2

To preser*e the independence of theCO>&C3 appointments or designations intemporar' or acting capacities are not allowed2

Co)position

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Composition:

. chairman

. $ commissioners

Dualifications:

Aatural born citi-ens

#t least ) 'ears old

Eolders of a college degree

>ust not ha*e been candidatesfor an' electi*e position in theimmediatel' precedingelections

>aorit' of the members3

including the chairman3 shouldbe members of the Bar whoha*e been engaged in thepractice of law for at least 10'ears2

The chairman and the commissionersare to be appointed b' the President with theconsent of the Commission on #ppointments2

The Commissioners ser*e for 7 'earswithout reappointment3 under staggered termsof / 'ears inter*al: of 1 commissioners firstappointed3 shall hold office for 7 'ears3 / for) 'ears3 and the rest for 'ears2

The staggering of terms maes theCO>&C a continuing and self.perpetuatingbod'3 and conse5uentl' its members wouldha*e the benefit of the e4perience ande4pertise of the older members in theperformance of its functions2

The CO>&C Commissioners are subect to

the same disabilities imposed on the Presidentand the &C has the power:

To issue subpoena

To tae testimon'

Of contempt (!ote,

*oweer, t*at t*e

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--)9 for imposition of

disciplinar' action for*iolation or disregard of3 ordisobedience to itsdirecti*e3 order3 or decision(Art. I+#, Sec. 2 8-),-7 #onstitution)

for pardon3 amnest'3

parole3 suspension ofsentence for *iolation ofelection laws3 rules andregulations (Art. I+#, Sec.5 -7 #onstitution9*is is to (reent t*e(ossibilit/ of t*e President"rantin" e1ecutieclemenc/ for (oliticalreasons.)

9:0; Super-ision < Re&ulation4 for the'uration of the election perio'4 ofuse of all franchises or per)its for

operation of

transportation an' other pu6lic

utilities=

)e'ia of co))unication or

infor)ation=

all &rants4 special pri-ile&es4 or

concessions &rante' 65 theGo-ern)ent or an5 instru)entalit5thereof (Art. I+#, Sec. , -7#onstitution)

The purpose of super*ision andregulation is to guarantee orensure e5ual opportunit' forpublic ser*ice and the e5uitableright to repl'3 for publicinformation campaigns and foraamong candidates3 and assurefree3 orderl'3 honest3 peaceful

and credible elections2 (Sec. 2,R.A. 446)

Ao franchise or permit to operatea radio or tele*ision station shallbe granted or issued3 suspendedor cancelled during the electionperiod2 (Sec. 6., R.A. 446)

CO>&C is mandated under,ec2 7 of "2#2 900$ to e4erciseaffirmati*e action in procuringprint space upon pa'ment of ustcompensation from at least national circulation3 and freeairtime from at least nationalT< networs and national radionetwors3 all of which are to beallocated free of charge e5uall'

and impartiall' among all thecandidates for national office on

different calendar da's2

uasi+>u'icial Poers

Jurisdiction

The CO>&C has e(clusi-e ori&inal3uris'iction o*er all contests relating to the

election3 returns and 5ualifications of allelecti*e3 regional3 pro*incial and cit' officials2

The CO>&C has e(clusi-eappellate 3uris'iction o*er all contestsin*ol*ing municipal officials decided b' the"TC3 or in*ol*ing electi*e baranga' officialsdecided b' the >TC2 +n these cases3 thedecisions therein shall be final3 e4ecutor' andunappealable2 (Art. I+#, Sec. 2 82), -7#onstitution)

Rendition of Decision

Composition; En Banc and Division Cases

The CO>&C ma' sit en bancor in /di*isions2

#s a general rule3 election cases shallbe heard and decided in di*ision2

=ecisions that must be rendered b' theCO>&C en bancinclude:

=ecisions on motions for

reconsideration (Art. I+#, Sec. 3, -7 #onstitution)9

Petitions for correction of

manifest errors in the,tatement of &C shall decide b' a maorit'*ote of all its members an' case or matterbrought before it within $0 da's from the dateof its submission for decision or resolution2

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(Art. I+A, Sec. 7 -7 #onstitution)

Judicia" Revie#

;nless otherwise pro*ided b' theConstitution or b' law3 an' decision3 order orruling of each Commission ma' be brought tothe ,upreme Court on certiorari b' theaggrie*ed part' within 0 da's from receipt ofa cop' thereof2 (Art. I+A, Sec. 7, -7

#onstitution)

Ghat is contemplated in this pro*isionare decisions3 orders or resolutions renderedb' the CO>&C in the e4ercise of itsadudicator' or 5uasi.udicial powers not thosewhich are mere incidents of its inherentadministrati*e functions o*er the conduct ofelections2 Duestions arising from the latterma' be taen in an ordinar' ci*il action beforethe "TC2

B' certiorari3 a part' raises 5uestionsof law in the ,upreme Court2 indings of fact

made b' the CO>&C are conclusi*e upon the,upreme Court2

The ,upreme Court has no power of

super*ision o*er the CO>&C e4cept tore*iew its decisions on petitions b' certiorari2The certiorari urisdiction of the ,upreme Courtis confined to instances of gra*e abuse ofdiscretion amounting to patent and substantialdenial of due process committed b' it in thee4ercise of its 5uasi.udicial powers2

ELECTIONS IN GENERAL

?in's of elections

$enera" e"ection

+t is one pro*ided for b' law for theelection to offices throughout the ,tate or acertain subdi*ision thereof3 after the e4pirationof the full term of former officers2

%pecia" e"ection

+t is one pro*ided for b' law underspecial circumstances2

+t is an election held to fill a *acanc' inan office before the e4piration of the full termfor which the incumbent was elected3 or anelection at which some issue or proposition issubmitted to the *ote of the 5ualified electors2

ate of Election $n'er the La

+n accordance with the Constitutionalpolic' to s'nchroni-e elections3 there is asimultaneous conduct of elections for nationaland local officials once e*er' 'ears2 ;nder

"2#2 71$$3 elections shall be held on the /nd

>onda' of >a'2

The President and unicipal Officials are

elected on the same da' e*er' 'ears3 e4ceptwith respect to the ,enators3 onl' 1/ of whomshall be elected e*er' 'ears2

Baranga' lections are held on thesame da'3 and e*er' ) 'ears thereafter3 theterm for electi*e baranga' officials ha*ing beene4tended from 'ears to ) 'ears2 (R.A. 764,Sec. 3 8c) as amended b/ R.A. -52)

Ti)e an' Place for !ol'in& Elections

The time must be fi4ed b' the

authoritati*e power (i2e2 the Constitution lawsin the case of regular elections the e4ecuti*eor other designated power in the case ofspecial elections!2 The place for holdingelections shall be fi4ed b' general law or b' aproclamation or b' the notice b' which theelection is called2 ,uch designated place shallbe mandator'2

+n case of emergencies whichnecessitate the changing of a polling place3

ade5uate general notice must be gi*en2

,anner of !ol'in& Elections

Ghile the manner of holding electionsmust be regulated3 it is ob*ious that the

manner prescribed is intended simpl' to securethe correct result2 >anner and form should notbe allowed to defeat the undoubted will of thepeople clearl' e4pressed2 (#.>. Sim(son!

"egulations prescribed are merel'director'3 and a failure to obser*e them full'will not in*alidate the election3 where anelection has been held in good faith andirregularities do not affect the result2

Ghere a special election is pro*idedfor3 but no method of holding it is declared3 itwill be sufficient if it is held in the mannerprescribed for the holding of general elections2

PRE+ELECTION RE$IRE,ENTS

PRECINCTS AN POLLING PLACES

Precincts

recinct& defined

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+ unit of territor' for the purpose of

*oting (Sec. , :P --)

Estab"ishment of recincts

The CO>&C shall establish allelection precincts2 ach baranga' shall ha*e atleast 1 such precinct2 (Sec. , :P --)

The CO>&C ma' introduceadustments3 changes or new di*isions orabolish precincts if necessar'2 But no changesshall be introduced within %) da's before aregular election and 0 da's before a specialelection or referendum or plebiscite2 (Sec., :P --)

Ghere it is not practicable to di*ide aprecinct b' territor'3 the CO>&C ma' adustor split the precinct b' assigning the registered*oters alphabeticall' and e5uitabl' among theadusted or split precinct2 The polling places ofthe said precincts must be in the same

building2 (Sec. -, R.A. 766)

ub"ication of 'aps of recincts

#t least ) da's before the firstregistration da' and until after the election3referendum3 or plebiscite3 the CO>&C shallpost in the cit' or municipal hall and in otherconspicuous places and on the door of eachpolling place3 a map of the cit' or municipalit'showing its di*ision into precincts2 ,uch mapsshall be ept posted until after the election3referendum or plebiscite2 (Sec. 5, :P --)

Pollin& Places

o""ing p"ace& defined

POLLING PLACE Building orplace where the Board of lection

+nspectors conducts its proceedingsand where the *oters cast their *otes(Sec. 52, :P --)

Designation of po""ing p"aces

The CO>&C ma' introduce changesin the location of polling places when necessar'after notice to the registered political partiesand candidates affected if an'3 and hearing2Ao location shall be changed within %) da'sbefore a regular election and 0 da's before aspecial election3 referendum or plebiscitee4cept when it is destro'ed or it cannot beused2 (Sec. 53, :P --)

(rrangements and Contents of o""ing"aces

ach polling place shall ha*e at least10 *oting booths of such si-e3 specifications

and materials as the CO>&C ma' pro*ide toenable the *oters to fill out their ballotssecretl'2 (Sec. 5-, :P --) The polling placeshall be so arranged that the booths3 the table3the ballot bo4es and the whole polling place3e4cept what is being written within the booths3shall be in plain *iew of the board of electioninspectors3 the watchers and other personswho ma' be within the polling place2 (Sec.

5 8d), :P --)

The CO>&C shall post inside each*oting booth and elsewhere in the polling placeon the da' before the election3 referendum3 orplebiscite and during the *oting period a listcontaining the names of all candidates or theissues or 5uestions to be *oted for2 (Sec. 5-9:P --)

There shall be a guard rail between the*oting booths and the table for the Board oflection +nspectors2 (Sec. 59 :P --)

)nspection of po""ing p"aces

Before the da' of the election3referendum or plebiscite3 the Chairman of the

CO>&C shall3 through its authori-edrepresentati*es3 see to it that all polling placesare inspected and such omissions and defectsas ma' be found are corrected2 (Sec. 63, :P--)

O##ICIAL @ALLOTS4 ELECTION RET$RNS

@ALLOT @OBES

#or) an' Contents of 6allots

The ballots shall:

be uniform in si-e

be printed in blac in on

white securit' paper withdistincti*e3 clear and legiblewatermars that will readil'distinguish it from ordinar'paper

be in the shape of a strip

with stub and a detachablecoupon containing the serialnumber of the ballot and aspace for the thumbmar ofthe *oter on the detachablecoupon

bear at the top middle

portion the coat.of.arms ofthe "epublic3 the words3?$fficial :allot@3 the name ofthe cit' or municipalit' andthe pro*ince3 the date of the

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Necessit5 of re&istration

6The act of registration is anindispensable precondition to the right ofsuffrage2 or registration is part and parcel ofthe right to *ote and an indispensable elementin the election process2 Thus J registrationcannot and should not be denigrated to thelowl' stature of a mere statutor' re5uirement2

Proceeding from the significance of registrationas a necessar' re5uisite to the right to *ote3the ,tate undoubtedl'3 in the e4ercise of itsinherent police power3 ma' then enact laws tosafeguard and regulate the act of *otersregistration for the ultimate purpose ofconducting honest3 orderl' and peaceful

election3 to the incidental 'et generall'important end3 that e*en pre.election acti*itiescould be performed b' the dul' constitutedauthorities in a realistic and orderl' manner one which is not indifferent and so far remo*edfrom the pressing order of the da' and thepre*alent circumstances of the times26

(A@ba/an, et al . #$%E&E#, .R. !o.7466,%arc* 26, 244)

ualifications an' is/ualifications

See (reious discussion under Suffra"e.

Election Re&istration @oar'

(Sec. 5, R.A. --)

+n each cit' and municipalit'3 thereshall be as man' lection "egistration Boards

as there are election officers therein2 +n thicl'populated cities or municipalities3 theCO>&C ma' appoint additional electionofficers for such duration as ma' be necessar'2

Composition

(1! Chairman: lection Officer2 +ncase dis5ualified3 the CO>&C shall designatean acting lection Officer2

(/! >embers:(a! Public school official most

senior in ran and

(b! &ocal ci*il registrar3 or inhis absence3 the cit' or municipaltreasurer2 +f neither are a*ailable3 an'

other appointi*e ci*il ser*ice officialfrom the same localit' as designatedb' the CO>&C2

Disqua"ifications

Ao member of the Board shall berelated to each other or to an' incumbent cit'or municipal electi*e official within the %thci*ildegree of consanguinit' or affinit'2 +f in

succeeding elections3 an' of the newl' electedcit' or municipal officials is related to amember of the Board within the %thci*il degreeof consanguinit' or affinit'3 such member isautomaticall' dis5ualified to preser*e theintegrit' of the lection "egistration Board2

NOTE +t is an election offense toeither:

(1) accept an appointment3 toassume office and to actuall'ser*e as a member of theBoard although ineligiblethereto (Sec. 5d, R.A.--), or

(2) appoint such ineligible personnowing him to be ineligible(Sec. 5d, R.A. --)

*unction

. >eet 5uarterl' on the rd >onda' of#pril3 Kul'3 October and Kanuar' ofe*er' calendar 'ear (or on the ne4tfollowing woring da' if suchdesignated da's fall on non.woringholida's!

. To hear and process all applications forregistration2

When re&istration con'ucte'

"egistration of *oters shall beconducted not less than 1/0 da's before aregular election and 90 da's before a special

election2 (Sec. -, R.A. --)

Eowe*er3 in the case of an initiati*e orreferendum3 the CO>&C is authori-ed to seta special registration da' at least weesbefore the scheduled initiati*e or referendum2(Sec. 5, R.A. 6735)

CAN A SPECIAL REGISTRATION#OR A REG$LAR ELECTION @E

CON$CTE O$TSIE T!E PERIOPRESCRI@E IN SEC. 84 R.A. 8:8$NER T!E RESI$AL ORSTAN@" POWERS O# T!E

CO,ELEC $NER SEC. 284 R.A.8D1F

Ao2 +n the case ofA@ba/an, etal . #$%E&E# 8.R. !o.7466,%arc* 26, 244), the ,upreme Courtheld that ,ec2 8 of "2#2 8189 e4plicitl'pro*ides that no re&istration shall6e con'ucte' 'urin& the perio'startin& :20 'a5s 6efore a re&ularelection. The purpose of ha*ing a1/0.da' prohibiti*e period is to enablethe CO>&C to complete all the

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necessar' pre.election acti*ities3including the Proect of Precincts3

constitution of Board of lection+nspectors3 Boo of &Chas the power to conduct continuing

registration2 ,uch registration shall beconducted dail' in the office of the lectionOfficer during regular office hours3 e4ceptduring the period starting 1/0 da's before aregular election and 90 da's before a specialelection2 The filing of the application must bedone personall'2

Challen&e of the ri&ht to re&ister

#n' person appl'ing for registrationma' be challenged before the lection"egistration Board:

b' an' *oter3

b' an' candidate3 or

b' an' representati*e of a registered

political part'2

,uch challenge must be made in writing3 underoath and must state the grounds therefor2(Sec. -, R.A. --)

List of -oters

The list of -oters refers to an

enumeration of names of registered *oters in aprecinct dul' certified b' the lection"egistration Board for use in the election2(Sec. 3 8d), R.A. --)

The Board of lection +nspectors mustpost the final list of *oters in each precinct 1)da's before the date of the regular or specialelection or referendum or plebiscite2

#n' candidate or authori-edrepresentati*e of an accredited political part'upon formal re5uest to an election registrarshall be entitled to a certified cop' of the mostrecent list of *oters upon pa'ment of areasonable fee2

Illiterate an' isa6le' %oters

#n' illiterate person ma' register withthe assistance of the lection Officer or an'member of an accredited citi-ens arm2 The

application for registration of a ph'sicall'disabled person ma' be prepared b' an'relati*e within the fourth ci*il degree ofconsanguinit' or affinit' or b' the lectionOfficer or an' member of an accreditedciti-ens arm using the data supplied b' theapplicant L,ec2 1%3 "# 8189M2

Inclusion+e(clusion cases

Common ru"es governing +udicia"proceedings in the matter of inc"usion&exc"usion and correction of names ofvoters(Sec. 32, R.A. --)

(1! TI,E O# #ILING =uring officehours

(2) NOTICE Aotice of the place3date and time of the hearing of thepetition shall be ser*ed upon themembers of the Board and thechallenged *oter upon filing of thepetition2

%odes of serice(1! personal deli*er'3 or

(/! registered mail3 or

(! posting in the bulletin board ofcit' or municipal hall and in / otherconspicuous places within the cit' ormunicipalit'

(! CONTENTS Petition shall refer onl'to 1 precinct3 and shall implead theBoard as respondents

(%! COSTS enerall'3 no costs shall beassessed against an' part'2!oe-er4 the court ma' order apart' to pa' the costs and

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incidental e4penses of the suitshould it find that the application

was filed solel' to harass thead*erse part' and to cause him toincur e4penses2

()! INTER%ENTION #n' *oter3candidate or political part' whoma' be affected b' theproceedings ma' inter*ene and

present his e*idence2

($! E%IENCE ,hall be based on thee*idence presented2 +n no caseshall a decision be rendered upon astipulation of facts2

+f the case in*ol*es the issue ofa fictitious *oter3 the non.appearance of the challenged *oteron the da' set for hearing shall be(rima facie e*idence that such*oter is fictitious2

(7! ECISION Petition shall be heardand decided within 10 da's fromdate of filing2

Cases appealed to the "TCshall be decided within 10 da'sfrom receipt of the appeal2 +n allcases3 the court shall decide thesepetitions not later than 1) da'sbefore the election and the decisionshall become final and e4ecutor'2

Jurisdiction and (ppea" in )nc"usion andExc"usion Cases

,TC original and e4clusi*e urisdiction

RTC appellate urisdiction

#ppeals must be made within ) da'sfrom receipt of notice2 Otherwise the decisionof the >TC becomes final and e4ecutor' aftersaid period2

The "TC shall decide the appeal within10 da's from the time the appeal wasrecei*ed3 and its decision shall be final ande4ecutor'2 Ao motion for reconsideration shall

be entertained2 (Sec. 3-, :P --9 Sec. 33,R.A. --)

etition for )nc"usion of !oters in the ,ist

The following ma' petition to beincluded in the *oters list:

an' person whose

application b' registrationhas been disappro*ed b'the Board of lection+nspectors or

an' person whose name

has been stricen out fromthe list

Petitioner ma' appl' at an' time e4cept 10)da's prior to a regular election or 7) da's priorto a special election2 (Sec. 3, R.A. --)

etition for Exc"usion of !oters from the

,ist

The following ma' petition for thee4clusion of a *oter from the permanent list of*oters:

an' registered *oter

an' representati*e of

a political part'

the lection Officer

,uch petition ma' be filed at an' time e4cept

100 da's before a regular election or $) da'sbefore a special election2 +t shall be decidedwithin 10 da's from filing2 (Sec. 35, R.A.--)

6The petition for e4clusion is a necessar'

component to registration since it is a safet'mechanism that gi*es a measure of protectionagainst fl'ing *oters3 non.5ualified registrants3and the lie2 The prohibiti*e period3 on theother hand ser*es the purpose of securing the*oters substanti*e right to be included in thelist of *oters26 (A@ba/an, et al . #$%E&E#,.R. !o.7466, %arc* 26, 244)

The citi-enship of a person to bestricen from the list ma' be decided in thee4clusion proceedings2 Eowe*er3 the decisiondoes not ac5uire the nature of res =udicataconsidering the summar' character of thecase2

!oters Exc"uded Through the)nadvertence or Registered #ith anErroneous or 'isspe""ed -ame (Sec. 37,R.A. --)

W!AT ,A" @E #ILEF

(1) etition for reinstatement . filed b'an' registered *oter who has not beenincluded in the precinct certified list of*oters

(2) etition for correction of name .filed b' an' registered *oter who hasbeen included in the precinct certifiedlist of *oters with a wrong or misspelledname

W!ERE #ILEF Gith the lection"egistration Board

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+f the petition is denied or not acted

upon3 the *oter ma' file on an' datewith the proper >TC a petition for anorder directing that the *oterFs namebe entered or corrected in the list2 Thefollowing must be attached to thepetition:

(1) Certified true cop' of his registration

record3 or identification card3 or theentr' of his name in the list of *otersused in the preceding election

(2) Proof that his application was denied ornot acted upon b' the Board

(3) Proof that the petitioner has ser*ednotice of his application to the Board

Annul)ent of @oo of %oters

(Sec. 3, R.A. --)

The 6oo of -oters refers to thecompilation of all registration records in aprecinct2 (Sec. 3c, R.A. --)

W!O ,A" #ILE PETITION #ORANN$L,ENT

(1) #n' *oter

(2) #n' election officer(3) #n' dul' registered political part'

GRO$NS

(1) The boo of *oters was notprepared in accordance withthe pro*isions of "2#2 8189

(2) The boo of *oters wasprepared through:

raud

Briber'

orger'

+mpersonation

+ntimidation

orce or

#n' similar irregularit'

(3) The boo of *oters containsdata that are statisticall'improbable

The boo of *oters shall be annulled after duenotice and hearing b' the CO>&C after thefiling of a *erified petition2 Ao order3 ruling ordecision annulling a boo of *oters shall bee4ecuted within 90 da's before an election2

eacti-ation an' reacti-ation ofre&istration

Deactivation of registration (Sec. 27, R.A.

--)

CA$SES O# EACTI%ATION

(1) The grounds fordis5ualification to *ote3namel':

(a) ,entence b' final

udgment to sufferimprisonment for not lessthan one (1! 'ear3 suchdisabilit' not ha*ing beenremo*ed b' plenar'pardon or amnest'

(b) #dudgment b' finaludgment of ha*ingcommitted an' crimein*ol*ing dislo'alt' to thedul' constitutedgo*ernment (e2g2rebellion3 sedition3

*iolation of the firearmslaw! or an' crime againstnational securit'3 unlessrestored to his full ci*il

and political rights inaccordance with law

(c) =eclaration of insanit' orincompetence b'competent authorit'3unless subse5uentl'remo*ed

(2) ailure to *ote in the /

successi*e preceding regularelections3 as shown b' the*oting records (!ote SBelections are !$ consideredre"ular elections for t*is(ur(ose)9

(3) Court order for e4clusion ofregistration and

(4) &oss of ilipino citi-enship

Reactivation of registration (Sec. 2-, R.A.--)

PETITION #ILE

,worn application forreacti*ation of registrationin the form of an affida*itstating that the grounds forthe deacti*ation no longere4ist

W!O ,A" #ILE

#n' *oter whose registrationhas been deacti*ated

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W!ERE #ILE

Gith the lection Officer3who shall then submit suchapplication to the lection"egistration Board forappropriate action2

W!EN #ILEAot later than 1/0 da's

before a regular electionand 90 da's before aspecial registration

REGISTRATION O# POLITICAL PARTIES

Political Part5 'efine'

. an organi-ed group of persons pursuing thesame ideolog'3 political ideas or platforms ofgo*ernment and includes its branches anddi*isions2 (Sec. 64, :P --)

. an organi-ed group of citi-ens ad*ocating anideolog' or platform3 principles and policies forthe general conduct of go*ernment and which3as the most immediate means of securing theiradoption3 regularl' nominates and supportscertain of its leaders and members ascandidates for public office2 (Sec. 3c, R.A.7)

2 ?in's(1! national part53 i2e2 a part' whoseconstituenc' is spread o*er the geographicalterritor' of at least a maorit' of the regionsand

(/! re&ional part53 i2e2 a part' whoseconstituenc' is spread o*er the geographicalterritor' of at least a maorit' of the cities andpro*inces comprising the region2

Purpose of re&istration

The purpose of registration of politicalparties with the CO>&C is to enable themto:

(1) #c5uire uridicalpersonalit'

(2) Dualif' for subse5uentaccreditation and

(3) ntitle them to the rightsand pri*ileges granted topolitical parties2 (Sec. 64,:P --)

Ri&hts an' pri-ile&es &rante'

# registered political part' is entitled tothe following rights and pri*ileges:

To be *oted upon as a part'3

(roided t*at it is re"istered undert*e (art/+list s/stem (Art. I+#,Sec. 7, -7 #onstitution)

To ha*e a watcher in e*er' lection

"egistration Board (Sec. 5, R.A.--)9

To inspect andHor cop' at its

e4pense the accountableregistration forms andHor the list ofregistered *oters in the precinctsconstituting the constituenc' atwhich the political part' is fieldingcandidates (Sec. 2, R.A. --)

To ha*e a watcher andHor

representati*e in the procurementand watermaring of papers to beused in the printing of electionreturns and official ballots and inthe printing3 numbering3 storageand distribution thereof (Sec. -,R.A. 666)9

To ha*e watchers who shall *erif'

the contents of the bo4escontaining the shipment of officialballots3 election returns andsample official ballots recei*ed b'the pro*incial3 cit' and municipaltreasurers (Sec. -, :P --.!ote t*at t*is (riile"e is onl/aailable to t*e rulin" (art/ andt*e dominant o((osition (art/.)9

To ha*e one watcher in e*er'

polling place and can*assing center(Sec. 26, R.A. 766)9

To be present and to ha*e counsel

during the can*ass of the electionreturns (Sec. 25, R.A. 666)

To recei*e the %th cop' (if t*e

dominant ma=orit/ (art/)or the )th

cop' (if t*e dominant minorit/(art/) of the election returns

(Sec. 27, R.A. 766 as amendedb/ R.A. -45 and R.A. -73)

Proce'ure

(1) The political part' seeingregistration ma' file with theCO>&C a *erified petitionattaching thereto its constitution andb'.laws3 platform or program ofgo*ernment and such other rele*antinformation as ma' be re5uired b'the CO>&C2

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(2) The CO>&C shall re5uire

publication of the petition forregistration or accreditation in atleast three newspapers of generalcirculation2

(3) #fter due notice and hearing3 theCO>&C shall resol*e the petitionwithin 10 da's from the date it is

submitted for decision2 (Sec. 6,:P --. !ote *oweer t*ediscre(anc/ wit* Sec. 62 w*ic*states t*at resolution of t*e (etitionfor re"istration or accreditation s*allbe 5 da/s from t*e date ofsubmission for decision.)

Who )a5 not 6e re&istere'

The following ma' not be registered as political

parties:

religious denominations andsects (Art. I+#, Sec. 2 85),-7 #onstitution9 Sec. 6,:P --)

those which see to achie*e

their goals through *iolenceor unlawful means (Art. I+#, Sec. 2 85), -7 #onstitution, Sec. 6, :P--)

those which refuse to uphold

and adhere to the

Constitution8Art. I+#, Sec.2 85), -7 #onstitution)

those supported b' foreign

go*ernments (Art. I+#,Sec. 2 85), -7 #onstitution)

#orfeiture of status an' cancellation ofre&istration

*orfeiture of status

#n' registered political part' that3singl' or in coalition with others3 fails to obtainat least 10I of the *otes cast in theconstituenc' in which it nominated andsupported a candidate or candidates in theelection ne4t following its registration shall3after notice and hearing be deemed to ha*eforfeited such status as a registered politicalpart' in such constituenc'2 (Sec. 64, :P --)

Cance""ation of registration

The following are grounds forcancellation of registration of a political part':

(1) #ccepting financial contributionsfrom foreign go*ernments or theiragencies (Art. I+#, Sec. 2 85),-7 #onstitution)9

(2) The part' is a religious sect ordenomination3 organi-ation orassociation organi-ed for religious

purposes (Sec. 6 8), R.A. 7)

(3) The part' ad*ocates *iolence orunlawful means to see its goal(Sec. 6 82), R.A. 7)

(4) The part' is a foreign part' ororgani-ation (Sec. 6 83), R.A.7)

(5) The part' is recei*ing support froman' foreign go*ernment3 foreignpolitical part'3 foundation3organi-ation3 whether directl' or

through an' of its officers ormembers or indirectl' throughthird parties for partisan electionpurposes (Sec. 6 8), R.A. 7)9

(6) The part' *iolates or fails tocompl' with laws3 rules orregulations relating to elections(Sec. 6 85), R. A. 7)9

(7) The part' declares untruthfulstatements in its petition forregistration (Sec. 6 86), R.A.7)9

(8) The part' has ceased to e4ist for atleast 1 'ear (Sec. 6 87), R.A.7)9

(9) The part' fails to participate in thelast / preceding elections (Sec. 68-), R.A. 7)9

(10) +f registered under the part'.lists'stem3 the part' fails to obtain atleast /I of the *otes in the /preceding elections for theconstituenc' in which it has

registered2 (Sec. 6 8-), R.A. 7)

;nder the part'.list s'stem3 theCO>&C ma' refuse or cancel registrationeither motu (ro(ioor upon *erified complaintof an' interested part'3 after due notice andhearing2 (Sec. 6, R.A. 7)

No)ination an' selection of officialcan'i'ates

(Sec. 6, R.A. 766)

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Ao political con*ention or meeting forthe nomination or election of the official

candidates of an' political part' or organi-ationor political groups or coalition thereof shall beheld earlier than the following periods:

Pres.4 %P4 Senators: 1$) da's before thedate of the election

,e)6ers of the !ouse of

Representati-es 7) da's before the da'of

Electi-e Pro-incial4 Cit5 or ,unicipalOfficers the election

REGISTRATION #OR PART"+LIST

Part5+list s5ste) 'efine'

. a mechanism of proportionalrepresentation in the election of representati*es to the Eouse of "epresentati*es from national3 regional and

sectoral parties or organi-ations or coalitionsthereof registered with the CO>&C2Component parties or organi-ations of acoalition ma' participate independentl'3pro*ided the coalition of which the' form partdoes not participate in the part'.list s'stem2(Sec. 3, R.A. 7)

Purpose of part5+list s5ste)

. to enable ilipino citi-ens belonging tomarginali-ed and underrepresented sectors3organi-ations and parties3 and who lac well.defined political constituencies but who couldcontribute to the formulation and enactment ofappropriate legislation that will benefit thenation as a whole3 to become members of theEouse of "epresentati*es2 (Sec. 2, R.A. 7)

Who )a5 6e re&istere'

(1) Political parties (See discussion in(reious section)9

(2) ,ectoral parties3 i2e2 organi-edgroups of citi-ens belonging to thelabor3 peasant3 fisherfol3 urban

poor3 indigenous culturalcommunities3 elderl'3 handicapped3women3 'outh3 *eterans3 o*erseasworers3 and professional sectors3and whose principal ad*ocac'pertains to the special interest andconcerns of their sector (Sec. 3d,R.A. 7)9

(3) ,ectoral organi-ations3 i2e2 groupsof citi-ens or coalitions of groups ofciti-ens who share similar ph'sical

attributes or characteristics3

emplo'ment3 interest or concerns(Sec. 3e, R.A. 7)9

(4) Coalitions3 i2e2 aggrupations of dul'registered national3 regional3sectoral parties or organi-ations forpolitical andHor election purposes(Sec. 3f, R.A. 7)

Parties3 organi-ations or coalitions that

are alread' registered with the CO>&C neednot register anew2 Eowe*er3 should the' wishto participate in the part'.list s'stem3 the'must file with the CO>&C a manifestation ofsuch desire to participate not later than 1/0da's before the election2 (Sec. , R.A. 7,as amended b/ Sec. , R.A. -36)

Proce'ure for re&istration

PETITIONPetition *erified b' thepart'Horgani-ationHcoalitionFspresident or secretar'2 Thepetition must state its desire toparticipate in the part'.lists'stem as a national3 regionalor sectoral part' or organi-ationor a coalition of such parties ororgani-ations2

W!EN #ILEAot later than 90 da's beforethe election

ATTAC!,ENTS(1! Constitution(/! B'.laws(! Platform or

program of go*ernment

(%! &ist of officers()! Coalition agreement

(as a((licable)9($! Other rele*ant

information as ma'be re5uired b' theCO>&C

#fter due notice and hearing3 theCO>&C shall resol*e the petition within 1)da's from the date it was submitted fordecision3 but not later than $0 da's beforeelection2 (Sec. 5, R.A. 7)

Groun's for refusal an'

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from foreign go*ernments or theiragencies (Art. I+#, Sec. 2 85),-7 #onstitution)9

2. The part' is a religious sect ordenomination3 organi-ation orassociation organi-ed for religiouspurposes (Sec. 6 8), R.A. 7)

3. The part' ad*ocates *iolence or

unlawful means to see its goal(Sec. 6 82), R.A. 7)

4. The part' is a foreign part' ororgani-ation (Sec. 6 83), R.A.7)

5. The part' is recei*ing support froman' foreign go*ernment3 foreignpolitical part'3 foundation3organi-ation3 whether directl' orthrough an' of its officers ormembers or indirectl' throughthird parties for partisan election

purposes (Sec. 6 8), R.A. 7)9

6. The part' *iolates or fails tocompl' with laws3 rules or

regulations relating to elections(Sec. 6 85), R. A. 7)9

7. The part' declares untruthfulstatements in its petition forregistration (Sec. 6 86), R.A.7)9

8. The part' has ceased to e4ist for atleast 1 'ear (Sec. 6 87), R.A.

7)9

9. The part' fails to participate in thelast / preceding elections (Sec. 68-), R.A. 7)9

10. +f registered under the part'.lists'stem3 the part' fails to obtain atleast /I of the *otes in the /preceding elections for theconstituenc' in which it hasregistered2 (Sec. 6 8-), R.A. 7)

The CO>&C ma' refuse or cancel

registration either motu (ro(rio or upon*erified complaint of an' interested part'3 afterdue notice and hearing2 (Sec. 6, R.A. 7)

No)ination of part5+list representati-es

(Sec. -, R.A. 7)

ach registered part'3 organi-ation orcoalition shall submit to the CO>&C a list ofnot more than ) names from which part'.listrepresentati*es shall be chosen in case itobtains the re5uired number of *otes2 This list

must be submitted not later than %) da'sbefore the election2

The nomination of part'.listrepresentati*es is subect to the followinglimitations:

(1) The nominee must ha*e all ofthe 5ualifications and none of

the dis5ualifications for thee4ercise of the right ofsuffrage2 >oreo*er3 heHshemust be a registered *oter3able to read and write3 and atleast /) 'ears on the da' ofthe election2

+n case of 'outh sectornominees3 such nominees mustbe at least /) but not morethan 0 'rs2 old on the da' ofthe election2 (Sec. )

(2) The nominee must be a bonafide member of the part' ororgani-ation which heHshesees to represent for at least

90 da's preceding the da' ofthe election2 (Sec. )

(3) #n elected part'.listrepresentati*e who changes hispolitical part' or sectoralaffiliation within $ monthsbefore an election is noteligible for nomination aspart'.list representati*e under

his new part' or organi-ation2(Sec. 5)

(4) # person ma' be nominated in1 list onl'2 (Sec. -)

(5) Onl' persons who ha*e gi*entheir consent in writing ma' benamed in the list2 (Sec. -)

(6) The list cannot include an'candidate for an' electi*eoffice or an' person who haslost his bid for an electi*e

office in the immediatel'preceding election2 (Sec. -)

(7) Changes of name or alterationsin the order of nominees aregenerall' not allowed after thelist has been submitted to theCO>&C2 Eowe*er3 thesema' be allowed when thenominee either:

(a) =ies or

(b) Githdraws his

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nomination in writingor

(c) Becomes incapacitated

in which case the substitutenominee shall be placed last inthe list (Sec. -)

Part5+list an' 'istrict representati-es'istin&uishe'

*er' *oter is entitled to / *otes: thefirst is a *ote for candidate for member of theEouse of "epresentati*es in his legislati*edistrict3 and the second3 a *ote for the part'3organi-ation3 or coalition he wants representedin the Eouse of "epresentati*es2

Part5+listrepresentati-e

istrictrepresentati-e

Scope of electorate

lectednationall'3 withpart'.listorgani-ationsgarnering atleast I of allthe *otes castfor the part'.list s'stementitled to 1seat3 which isincreasedaccording toproportionalrepresentation3but is in no wa'

to e4ceed seats perorgani-ation

lectedaccording tolegislati*edistrict b' theconstituents ofsuch district

Resi'encere/uire)ent

Ao specialresidenc're5uirement

>ust be aresident of hislegislati*edistrict for atleast 1 'earimmediatel'before theelection

,anner of

election

&C in the performance of itsfunctions and acti*ities as mandated b'the Constitution and b' law

(Rule 33, Sec. , #$%E&E# Rules ofProcedure)

Proce'ure for accre'itation

(1) #ILING O# PETITION #OR ACCREITATION

#n' group seeing accreditation ma' file a

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petition for accreditation3 dul' *erified b'its President3 Chairman of the Board of

=irectors3 or an' of its dul' authori-edofficers2

The petition for accreditation must statethe following:

(a) The constituenc' to whichpetitioner sees accreditation

(b) That it is not supporting an'candidate3 political part'3organi-ation or coalition of politicalparties3 in the constituenc' whereit sees accreditation

(c) Aature of its membership namesof its officers or organi-ers3location of principal office or placeof business3 and an assurance ofits capabilit' to undertae acoordinated operation and acti*it'to assist the CO>&C

(d) That it shall submit itself to thedirect and immediate control andsuper*ision and compl' with the

orders of the CO>&C in theperformance of its specificfunctions and acti*ities pro*ided b'law3 and such other functions andacti*ities pro*ided b' law3 and suchother functions and acti*ities whichthe CO>&C ma' assign

(e) That it shall strictl' remain non.partisan and impartial during the

registration and election periods

(f) That it is not supported b' orunder the influence of an' foreigngo*ernment or an' of its agenciesor instrumentalities or of an'foreigner3 whether natural oruridical person

(g) That it shall not solicit or recei*e3directl' or indirectl'3 an'contribution or aid of whate*erform or nature from an' foreigngo*ernment or an' of its agencies

or instrumentalities3 or from an'foreigner3 whether natural oruridical person

(h) That it does not see to achie*e itsobecti*es3 goals or programsthrough *iolence or other unlawfulmeans3 nor aim to propagate an'ideolog' opposed to the principlesof a republican and democraticgo*ernment and

(i) That it undertaes to police its

rans and pre*ent infiltration b'persons or groups of persons who

ma'3 directl' or indirectl'3 destro'its character of non.partisanshipand impartialit'2

(2) SETTING O# PETITION #OR !EARING

;pon the filing of the petition3 theCO>&C en banc shall immediatel' set

the petition for hearing2 The CO>&Cma' order the publication of the petition ina newspaper of general circulation if itdeems such necessar'2 Publication shall beat the e4pense of the petitioner2

(3) !EARING O# PETITION

The accreditation of the petitioner ma' beopposed b' an' person3 group3 association3group or organi-ation3 political part' orcoalition of political parties possessingrele*ant information or e*idence againstthe petitioner b' filing a *erified

opposition2

Eowe*er3 notwithstanding the absence ofan' opposition3 the CO>&C ma' motu(ro(rio re5uire the petitioner to presente*idence to support its petition foraccreditation2

(4) ECISION

The CO>&C shall then render itsdecision2 +f the decision is for theaccreditation of the petition3 a certificate ofaccreditation shall be issued stating the

following:

(a) The name of the group ororgani-ation

(b) The constituenc' to whichit is accredited and

(c) The political e4ercise forwhich it is accredited

Re-ocation an' e(piration of accre'itation

RE%OCATION >a' be done b' theCO>&C after notice and hearing for an' ofthe following acts:

(1) The citi-ensF arm has showed oracted with partialit' in an' politicalissue or to an' political part'3organi-ation or coalition of politicalparties

(2) +t has performed acts in e4cess ofits duties and functions as pro*idedb' law or

(3) +t has failed to compl' with the

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conditions imposed upon it in thedecision granting accreditation2

EBPIRATION The accreditation automaticall'lapses at the end of the election period of thepolitical e4ercise for which the petitioner wasaccredited as citi-ensF arm2

CERTI#ICATES O# CANIAC"

Can'i'ate 'efine'

#n' person aspiring for or seeing an electi*epublic office3 who has filed a certificate of

candidac' b' himself or through an accreditedpolitical part'3 aggroupment3 or coalition ofparties2 (Sec. 7, :P --)

$uest Candidac.

# political part' ma' nominate andHorsupport candidates not belonging to it2 (Sec.74, :P --) Aote howe*er that this is not

applicable in cases of political partiesregistered under the part'.list s'stem3 asnominees must necessaril' be bona fidemembers of the part'2

ualifications

See t*e (roisions of t*e #onstitutionfor t*e 0ualifications of candidates forPresident, Cice+President, Senator, and%ember of t*e Douse of Re(resentaties.

See t*e (roisions of t*e &ocaloernment #ode for t*e 0ualifications of local

electie officials.

Dualifications prescribed b' law arecontinuing re5uirements and must bepossessed for the duration of the officerFsacti*e tenure2 Once an' of the re5uired5ualifications are lost3 his title to the officema' be seasonabl' challenged2 (See 'rialdo. #$%E&E#, 7 S#RA 259 &abo .#$%E&E#, 76 S#RA )

#ilin& of certificate of can'i'ac5

To be eligible for an' electi*e publicoffice3 one must file a certificate of candidac'within the period fi4ed b' the Omnibus lectionCode2

'ode of *i"ing

Certificates must be filed b' thecandidate personall' or b' his dul' authori-edrepresentati*e2 Ao certificate shall be filed b'mail3 telegram or facsimile2 (Sec. 7, R.A.766)

Time of *i"ing

Certificates of candidac' must be filedin 1/ legible copies not later than 1/0 da'sbefore the elections2 (Sec. , R.A. -36)

"ace of *i"ing

The certificates of candidac' shall be

filed in the following places:

Presi'ent N%ice+Pres N #$%E&E# main office 8%la)Senator N

Con&ress)an + Proincial election su(erisor

+f AC" district: ile with Re"ional Election?irector

+f legislati*e district in cities outside AC" whichcomprise one or more legislati*e districts: ilewith #it/ election re"istrarconcerned

Pro-incial Offices + Proincial electionsu(erisor

Cit5 < ,unicipal Offices . #it/ or munici(alelection re"istrar

Contents of certificate of can'i'ac5

The certificate of candidac' shall state

the following:

That the person filing the

certificate is announcing hiscandidac' for the office statedtherein and that he or she iseligible for such office

The political part' to which the

candidate belongs

Ci*il status

=ate of birth

"esidence

Post office address for all electionpurposes

Profession or occupation

That he H she will support and

defend the Constitution of thePhilippines and will maintain faithand allegiance thereto

That he H she will obe' the laws3

legal orders3 and decreespromulgated b' the dul'

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constituted authorities

That he H she is not a permanent

resident or immigrant to a foreigncountr'

That the obligation imposed b'

oath is assumed *oluntaril'3without mental reser*ation orpurpose of e*asion

That the facts stated in the

certificate of candidac' are true tothe best of his nowledge2

Effects of filin&

Note Sec. of @P 88: an' thefirst pro-iso of Sec. :: of R.A. 8D1 (w*ic*states t*at An/ electie official, runnin" foran/ officer ot*er t*an one w*ic* *e is *oldin"in a (ermanent ca(acit/, e1ce(t for Presidentand Cice+President, s*all be considered i(so

facto resi"ned u(on t*e start of t*e cam(ai"n(eriod6! ha*e been repeale' b' Sec. :D ofR.A. 00 9#air Election Act of 200:;.

#n' mass media columnist3commentator3 announcer3 reporter3 on.aircorrespondent or personalit' who is acandidate for an' electi*e public office shall bedeemed resigned3 if so re5uired b' hisHheremplo'er3 or shall tae a lea*e of absence fromhisHher wor as such during the campaignperiod2 (Sec. 6.6, R.A. 446)

With'raal of certificate

# person who has filed a certificate ofcandidac' ma' withdraw the same prior to theelection b' submitting to the office concerned awritten declaration under oath2

+f a candidate files a certificate ofcandidac' for more than 1 office3 he shall notbe eligible for an' of them2 !oe-er4he ma'declare under oath the office for which hedesires to be eligible and cancel the certificateof candidac' for the other office or officespro*ided that this is done 6efore thee4piration of the period for the filing of

certificates of candidac'2 (Sec. 73, :P --)

The filing of the withdrawal shall notaffect whate*er ci*il3 criminal3 oradministrati*e liabilities which a candidate ma'ha*e incurred2 (Sec. 73, :P --)

RA,IREH %. CO,ELEC

The certificate of candidac' ofpetitioner for the office of pro*incial board

member was filed b' his political part'2 1)minutes before the deadline3 he filed his

certificate of candidac' for ma'or2 8 da's later3he filed a petition to withdraw his certificate ofcandidac' for the office of the board memberand to declare subsisting his certificate ofcandidac' for ma'or3 attaching his writtendeclaration under oath withdrawing hiscertificate of candidac' for board member2

,ince the certificate of candidac' for

the position of board member was filed b' hispart' and the said part' had withdrawn thatnomination3 there was substantial compliancewith ,ec2 7 of the Omnibus lection Code2Eis filing under oath within the statutor' periodof his indi*idual candidac' for ma'or was areection of the part' nomination of the otherofficer2

is/ualifications

#ccording to Prof2 Barlonga'3dis5ualifications ma' be classified into %

categories: (1! status (/! acts (! nuisancecandidac' and (%! falsit' of materialrepresentation in the certificate of candidac'2

%tatus

(1) &ac of ilipino citi-enship

(2) &ac of residenc' re5uirement

(3) +nsanit' or incompetence3 as

declared b' competent authorit'

(4) Permanent residence or

immigrant status in a foreigncountr'3 unless such personhas wai*ed his status aspermanent resident orimmigrant in accordancewith the residencere5uirement pro*ided for inthe election laws (Sec. 6-,:P --)

(cts

(1) ,entence b' final udgmentfor:

,ub*ersion3 insurrection3

rebellion

#n' offense for which the

candidate has beensentenced to a penalt' ofmore than 18 months ofimprisonment

#n' offense in*ol*ing moral

turpitude

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>oral turpitude is an act of abaseness3 *ileness3 or

depra*it' in the pri*ate dutieswhich a man owes to his fellowmen3 or to societ' in general3contrar' to the accepted andcustomar' rule of right anddut' between man and womanor conduct contrar' to ustice3honest'3 modest' or good

morals2 The general rule isthat crimes mala in se in*ol*emoral turpitude while crimesmala prohibita do not2 >oralturpitude implies somethingimmoral in itself3 regardless ofthe fact that it is punishable b'law or not2 (?ela orre .#$%E&E#, S#RA 22)

Ea*ing gi*en mone' or

other materialconsideration to influence3induce or corrupt the

*oters or public officialsperforming electoralfunctions (Sec. 6-a, :P--)9

Ea*ing committed acts of

terrorism to enhance hiscandidac' (Sec. 6-b, :P --)9

Ea*ing spent in his election

campaign an amount in e4cessof that allowed b' the Omnibuslection Code (Sec. 6-c, :P--)9

Ea*ing solicited3 recei*ed or

made an' contributionprohibited under the Omnibuslection Code (Sec. 6-d, :P--9 cf. Secs. -, 5, 6, 7and 4)9

Ea*ing engaged in election

campaign or partisan politicalacti*it' outside the campaignperiod and not pursuant to apolitical part' nomination (Sec.6-e, :P --, cf. Sec. -4)9

Ea*ing remo*ed3 destro'ed3

obliterated3 defaced ortampered with or pre*ented thedistribution of lawful electionpropaganda (Sec. 6-e, :P --,cf. Sec. -3)9

Ea*ing *iolated the rules and

regulations on electionpropaganda through massmedia (Sec. 6-e, :P --, cf.Sec. -6)9

Ea*ing coerced3 intimidated3

compelled3 or in an' mannerinfluenced3 directl' or indirectl'3an' of his subordinates ormembers3 or emplo'ees3 etc2 toaid3 campaign or *ote for oragainst an' candidate or an'aspirant for the nomination orselection of candidates (Sec.

6-e, :P --, cf. Sec. 26d)9

Ea*ing directl' or indirectl'

threatened3 intimidated3 oractuall' caused3 inflicted orproduced an' *iolence3 inur'3punishment3 damage3 loss ordisad*antage upon an' personor that of the immediatemembers of his famil'3 hishonor or propert'3 or used an'fraudulent de*ice or scheme tocompel or induce or pre*ent theregistration of an' *oter3 or the

participation in an' campaign3or the casting of an' *ote3 oran' promise of suchregistration3 campaign3 *ote3 oromission therefrom (Sec. 6-e,:P --, cf. Sec. 26e)9

Ea*ing engaged in unlawful

electioneering (Sec. 6-e, :P--, cf. Sec. 26@)9

Ea*ing *iolated the prohibition

against release3 disbursementor e4penditure of public funds

%) da's before a regularelection (or 0 da's in the caseof a special election! (Sec. 6-e,:P --, cf. Sec. 26)9

Ea*ing solicited *otes or

undertaen an' propaganda onthe da' of election for or

against an' candidate or an'political part' within the pollingplace or within a radius of 0m2 thereof (Sec. 6-e, :P --,cf. Sec. 25cc)

-uisance candidac.

# nuisance candidate is one who files acertificate of candidac':

(a) To put the election process inmocer' or disrepute or

(b) To cause confusion among the*oters b' the similarit' of thenames of the registeredcandidates3 or

(c) Clearl' demonstrating that

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heHshe has no bona fideintention to run for the office

which the certificate ofcandidac' has been filed3 andthus pre*ents a faithfuldetermination of the true willof the electorate2 (Sec. 6,:P --)

*a"sit. of materia" representation

alsit' of a material representation inthe certificate of candidac' is a ground for thedenial of due course to or cancellation of acertificate of candidac' under ,ec2 78 of BP8812

Disqua"ifications under the ,oca"$overnment Code (Sec. 4, R.A. 764)

(1) Those sentenced b' final udgmentfor an offense punishable b' one'ear or more of imprisonment andwithin / 'ears after ser*ing

sentence2

(2) Those remo*ed from office as aresult of an administrati*e case2

RE"ES %. CO,ELEC

"e'es3 the incumbent ma'or3 wasfound guilt' in an administrati*e complaint2=espite this3 he filed a certificate of candidac'2#lthough the CO>&C dis5ualified him3 theBoard of lection Can*assers3 unaware ofCO>&Cs decision to dis5ualif' him3proclaimed "e'es as the ma'or2

The election of "e'es did not renderthe administrati*e charges against him mootand academic2 The decision to remo*e himwas ser*ed on "e'es and thereafter becamefinal because he failed to appeal to the Officeof the President2 Ee was therefore *alidl'remo*ed from office and pursuant to the &ocalo*ernment Code3 was dis5ualified fromrunning for re.election2

(3) Those con*icted b' final udgmentfor *iolating the oath of allegiance tothe "epublic of the Philippines2

(4) Those with dual citi-enship2

See %ercado . %anano 8&oco)

(5) ugiti*es from ustice in criminal andnon.political cases here and abroad2

# 6fugiti*e from ustice6includes 6not onl' those whoflee after con*iction to a*oidpunishment3 but liewise

those who3 after being

charged3 flee to a*oidprosecution26 (%ar0ue .#$%E&E#, 23 S#RA 35-)

+n the case of Rodri"ue .#$%E&E# 8.R. !o. 244,>ul/ 2, 6), it was heldthat "odrigue- could not beconsidered a 6fugiti*e fromustice6 because his arri*al

in the Philippines from the;2,2 preceded the filing ofthe felon' complaint in the&os #ngeles Court and theissuance of the arrestwarrant b' the same foreigncourt b' almost ) months2The ,upreme Court heldthat the intent to e*ade isthe compelling factor thatanimates ones flight from aparticular urisdiction2 #ndthere can onl' be an intentto e*ade prosecution or

punishment when there isnowledge b' the fleeingsubect of an alread'instituted indictment3 or of a

promulgated udgment ofcon*iction2

(6) Permanent residents in a foreigncountr' or those who ha*e ac5uiredthe right to reside abroad andcontinue to a*ail of the same rightafter the effecti*it' of the &ocalo*ernment Code2

#RI%ALO %. CO,ELEC

ri*aldo was pre*iousl' declared as analien2 =espite this3 he was able to file hiscertificate of candidac'2 The election occurredon >a' 83 199)2 ri*aldo was able to re.ac5uire Philippine citi-enship on Kune 03 199)through repatriation b' taing his oath ofallegiance at /:00 p2m2

Philippine citi-enship is anindispensable re5uirement for holding anelecti*e public office2 #n official begins togo*ern or discharge his functions onl' upon his

proclamation and on the da' the law mandateshis term of office to begin2 ,ince ri*aldo re.assumed his citi-enship on the *er' da' theterm began3 he was therefore alread' 5ualifiedto be proclaimed3 to hold such office and todischarge the functions and responsibilitiesthereof as of the said date2

(7) Those who are insane or feeble.minded2

%pecia" Disqua"ifications under the ,one

Candidate ,a#(Sec. , R.A. -25)

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The following persons are

dis5ualified from running in a special electioncalled to fill the *acanc' in an electi*e office3pro*ided that e*idence of their guilt is strong:

(1) #n' electi*e official whohas resigned from hisoffice b' accepting anappointi*e office or for

whate*er reason whichhe pre*iousl' occupiedbut has caused tobecome *acant due to hisresignation

(2) #n' person who3 directl'or indirectl'3 coerces3bribes3 threatens3harasses3 intimidates3 oractuall' causes3 inflicts orproduces an' *iolence3inur'3 punishment3torture3 damage3 loss or

disad*antage to an'person or personsaspiring to become acandidate or that of the

immediate member of hisfamil'3 his honor orpropert' that is meant toeliminate all otherpotential candidate2

Effect of 'eath4 'is/ualification orith'raal

+f the death3 dis5ualification orwithdrawal occurs:

. after the last da' for filing of the certificatesof candidac' OA& a person belonging to3

and certified3 b' the same political part'3 ma'file a certificate of candidac' to replace him2

. between the da' before the election and mid.da' of the election da' the certificate ma'

be filed with an' Board of lection +nspectorsin the political subdi*ision where he is acandidate or with the CO>&C if it is anational position2 (Sec. 77, :P --)

Petition to 'en5 'ue course or to cancelcertificate

# *erified petition to den' due courseto or cancel a certificate of candidac' ma' befiled b' an' person C&;,+&C shall cause to be printeda certified list of candidates for each office tobe *oted for in each pro*ince3 cit' ormunicipalit' immediatel' followed b' thenicname or stage name of the candidate andhis political affiliation3 if an'2 The list shall beposted inside each *oting booth2

Ghene*er practicable3 the Board oflection +nspectors shall cause said list ofcandidates to be written on the blacboard ormanila paper for posting inside the polling

place2 The names of all candidates followed b'his nicname or stage name shall also beprinted in the election returns and tall' sheets2

(Sec. , R.A. 666)

ELECTION CA,PAIGN EBPENIT$RES

ELECTION CA,PAIGN

Election ca)pai&n or partisan politicalacti-it5

+t is an act designed to promote theelection or defeat of a particular candidate orcandidates to a public office2

+t does not include public e4pressionsof opinions or discussions of probable issues ina forthcoming election or on attributes orcriticisms of probable candidates proposed tobe nominated in a forthcoming political part'con*ention2

rohibitions

>embers of the board of

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election inspections areprohibited from engaging in an'

partisan political acti*it' or fromtaing part in the electione4cept to discharge their dutiesas such and to *ote2 (Sec. 73,:P --)

Officers or emplo'ees of the

ci*il ser*ice are prohibited from

engaging directl' or indirectl' inan' electioneering or partisanpolitical campaigns2 (Art. I+:,Sec. 2 8), -7 #onstitution)

>embers of the militar' are

prohibited from engagingdirectl' or indirectl' in an'partisan political acti*it' e4ceptto *ote2 (Art. CI, Sec. 5 83),-7 #onstitution)

Ca)pai&n perio'

+t is prohibited for an' person3 politicalpart' or association of persons to engage in anelection campaign or partisan political acti*it'e4cept during the campaign period2

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posting of decals and sticers on cars andother mo*ing *ehicles since it infringes on the

right to freedom of e4pression2 The restrictionis so broad as to include e*en a citi-enFspri*atel'.owned *ehicle3 which is e5ui*alent todepri*ation of propert' without due process oflaw2

Prohi6ite' Acts

+t is prohibited:

or an' foreigner:

to aid an' candidate or political

part'3 directl' or indirectl'

to tae part or influence in an'

manner an' election

to contribute or mae an'

e4penditure in connection with

an' election campaign orpartisan political acti*it'

or an' person during the campaignperiod:

to remo*e3 destro'3 obliterate or

in an' manner deface or tamperwith lawful electionpropaganda

to pre*ent the distribution of

lawful election propaganda

or an' candidate3 political part'3organi-ation or an' person:

to gi*e or accept3 directl' or

indirectl'3 free of charge3transportation3 food or drins orthings of *alue during the fi*ehours before and after a publicmeeting3 on the da' precedingthe election3 and on the da' ofthe election

to gi*e or contribute3 directl' or

indirectl'3 mone' or things of*alue for such purpose2

@a'o5 - CO,ELEC 9) ,C"# /8)!

The prohibition against certain forms ofelection propaganda was upheld as a *alide4ercise of police power3 ?to pre*ent theper*ersion and prostitution of the electoralapparatus3 and of the denial of due process oflaw2@

Sani'a' -s CO,ELEC( 181 ,C"# )/9!

But this e*il does not obtain in aplebiscite where the electorate is ased to *otefor or against issues not candidates2

,ass ,e'ia

Equa" access to media time and space

#ll registered parties and bona fidecandidates are guaranteed e5ual access tomedia time and space under the air lection#ct2 To this end3 the CO>&C has the powerto super*ise the use and emplo'ment of press3

radio and tele*ision facilities insofar as theplacement of political ad*ertisements isconcerned to ensure that candidates are gi*ene5ual opportunities under e5ual circumstancesto mae nown their 5ualifications and theirstand on public issues2 Of course3 suchpolitical ad*ertisements must be within thelimits set forth in the Omnibus lection Codeand "2#2 71$$ on election spending2

Pursuant to such end:

Print ad*ertisements shall not e4ceed

1H% page3 in broadsheet and 1H/ pagein tabloids thrice a wee pernewspaper3 maga-ine3 or otherpublications3 during the campaignperiod

:ona fide candidates and registered

political parties running for nationall'electi*e office are entitled to notmore than 1/0 minutes of T&C with a cop' ofall contracts for ad*ertising3promoting or opposing an' politicalpart' or the candidac' of an' personfor public office within ) da's after itssigning

Ao franchise or permit to operate a radio

or T< station shall be granted or

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issued3 suspended or cancelled duringthe election period2

'edia practitioners

>oreo*er3 media practitioners who areofficials of a political part' or members of thecampaign staff of a candidate or political part'prohibited from using their media time orspace to fa*or an' candidate or political part'2

>edia practitioners or personalities who arecandidates for an' electi*e public office or arecampaign *olunteers for or emplo'ed orretained in an' capacit' b' an' candidate orpolitical part' shall be deemed resigned3 if sore5uired b' their emplo'er3 or shall tae alea*e of absence from their wor as suchduring the campaign period2

ub"ic exhibitions

Ao mo*ie3 cinematograph3 ordocumentar' portra'ing the life or biograph' ofa candidate shall be publicl' e4hibited in a

theater3 T< station or an' public forum duringthe campaign period2 The same is true formo*ies3 cinematographs and documentariesportra'ed b' actors or media personalities who

are themsel*es candidates2

Rallies4 )eetin&s an' other politicalacti-it5

(pp"ication for permits to ho"d ra"". (Sec.-7, :.P. --)

The holding of peaceful political ralliesduring the campaign period is allowed2 +norder to hold rallies3 political parties mustfollow the re5uirements of local ordinances onthe issuance of permits2 #ll applications forpermits to hold meetings3 rallies and othersimilar political acti*ities must be immediatel'posted in a conspicuous place in the cit' or

municipal building3 and the receipt thereofacnowledged in writing2 ,uch applicationsmust be acted upon in writing b' localauthorities concerned within da's after thefiling thereof2 +f the application is not actedupon within said period3 it is deemedappro*ed2

The onl' ustifiable ground for denial ofthe application for the permit is that a priorwritten application b' an' candidate or politicalpart' for the same purpose has beenappro*ed2

=enial of an' application for saidpermit is appealable to the pro*incial electionsuper*isor or to the CO>&C whose decisionshall be made within %8 hours and which shallbe final and e4ecutor'2

-otification of e"ection registrar (Sec. --,

:.P. --)

The political part' or candidate mustnotif' the election registrar of an' rall'2 Githin7 woring da's3 the political part' or candidatemust submit to the election registrar thee4penses incurred during the rall'2

CO,ELEC space4 poster area4 ti)e an'

infor)ation 6ulletin

C/'E,EC space

The CO>&C shall procure space in atleast one newspaper of general circulation ine*er' pro*ince or cit'3 or in the absence ofsuch newspaper3 in an' other maga-ine orperiodical in said pro*ince or cit'3 which shallbe nown as ?CO>&C ,pace2@ CO>&Cspace shall be allocated to the CO>&C uponpa'ment of ust compensation3 and shall beutili-ed e4clusi*el' b' the CO>&C for public

information dissemination on election.relatedconcerns2 (Sec. -, R.A. 446)

Phil. Press Institute -. CO,ELEC

The ,upreme Court declared sec2 / ofCO>&C "esolution /7// compelling printmedia companies to donate ?CO>&C ,pace@as null and *oid2 ,ec2 / does not constitute a*alid e4ercise of the power of eminent domain2The element of necessit' for the taing has not

been shown b' CO>&C2 There is no showingthat the members of the Philippine Press+nstitute are unwilling to sell print space2

urthermore3 it has not beendemonstrated that the CO>&C has beengranted the power of eminent domain b' theConstitution or the &egislature2 +n addition3sec2 / does not constitute a *alid e4ercise ofpolice power2 irst3 there was no effort toshow that police power was constitutionall'delegated to the CO>&C2 ,econd3 noattempt was made to demonstrate that a realand palpable or urgent necessit' for the taingof print space confronted the CO>&C2

Thus3 CO>&C cannot procure print

space without pa'ing ust compensationtherefor2

C/'E,EC time

The CO>&C shall liewise air time inat least 1 maor broadcasting station or entit'in e*er' pro*ince or cit'3 or in the absence ofsuch entit'3 in an' radio or T< station in said

pro*ince or cit'3 which shall be nown as6CO>&C time26 ,uch CO>&C time shall beallocated to the CO>&C free of charge3 andshall be utili-ed e4clusi*el' b' the CO>&Cfor public information dissemination on

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election.related concerns2 (Sec. -, R.A. 446)

Teleco))unications an' @roa'castAttorne5s of the Philippines -.CO,ELEC(2- S#RA 337)

+n this case3 which 5uestioned the CO>&CFspower under ,ec2 9/3 BP 881 to re5uire T&C ma' authori-e politicalparties and part'.list groups to erect commonposter areas for their candidates in not morethan 10 public places such as pla-as3 marets3

baranga' centers and the lie3 whereincandidates can post3 displa' or e4hibitpropaganda2 ,uch poster areas shall note4ceed 1/ feet b' 1$ feet or its e5ui*alent2

or independent candidates with nopolitical parties3 the si-e of the common posterarea must not e4ceed % feet b' $ feet or itse5ui*alent2

C/'E,EC information bu""etin (Sec. 3,:.P. --)

The CO>&C shall cause the printingand super*ise the dissemination of bulletinswhich shall contain the picture3 bio.data andprogram of go*ernment of e*er' candidate2

#n' candidate can reprint thesebulletins3 pro*ided it is an e4act replica andshall bear the candidates name who causedthe reprint and the printers name2

C/'E,EC officia" samp"e ba""ot (Sec. -5,:.P. --, as amended b/ R.A. 74)

#t least 0 da's before an election3 the

CO>&C shall furnish e*er' registered *oterwith an unfilled official sample ballot3 *oterinformation sheet3 and a list of all registerednational3 pro*incial and cit' candidates to be

*oted in the said election2

The information sheet shall include the*oterFs name3 address3 the precinct and theplace where he is registered3 and simplifiedinstructions as to the casting of *otes2 Thenames of the candidates shall be listed inalphabetical order under their respecti*e part'affiliation and a one.line statement not toe4ceed words of their occupation or

profession2 Persons nominated under thepart'.list s'stem shall liewise be included inthe abo*e.mentioned list2

Pu6lic foru)

(Sec. , R.A. 666)

The CO>&C shall encourage non.political non.partisan pri*ate or ci*icorgani-ation to initiate and hold in e*er' cit'and municipalit'3 public for a at which allregistered candidates for the same office ma'

simultaneousl' and personall' participate topresent3 e4plain andHor debate on theircampaign platforms and programs and otherlie issues2

The CO>&C shall promulgate therules and regulations for the holding of such toassure its non.partisan character and e5ualit'of access thereto b' all candidates2

Election sur-e5s

(Sec. 5, R.A. 446)

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E"ection surve.s& defined

lection sur*e's refer to themeasurement of opinions and perceptions ofthe *oters as regards a candidateFs popularit'35ualifications3 platforms or a matter of publicdiscussion in relation to the election3 including*otersF preference for candidates or publicl'discussed issues during the campaign period2

)nformation required to be pub"ished inthe surve.

=uring the election period3 an' person3natural as well as uridical3 candidate ororgani-ation who publishes a sur*e' mustliewise publish the following information:

The name of the person3

candidate3 part' or organi-ationwho commissioned or paid for thesur*e'

The name of the person3 polling

firm or sur*e' organi-ation whoconducted the sur*e'

The period during which the

sur*e' was conducted3 themethodolog' used3 including thenumber of indi*idual respondentsand the areas from which the'were selected3 and the specific5uestions ased

The margin of error of the sur*e'

or each 5uestion for which the

margin of error is greater thanthat reported abo*e3 the margin oferror for that 5uestion and

# mailing address and telephone

number3 indicating it as an addressor telephone number at which thesponsor can be contacted to obtaina written report regarding thesur*e' in accordance with ,ec2 )2of "2#2 900$2

+t must be noted that ,ec2 )2% whichprohibits the publication of sur*e's 1) da's(for national candidates! or 7 da's (for localcandidates! before an election was declaredunconstitutionalb' the ,upreme Court upona petition filed b' the >anila ,tandard and,ocial Geather ,tation3 +nc2 (,G,! Thedecision3 which was penned b' Kustice anuar/ 2-, 2444)

+n this case3 the ,upreme Court heldthat e4it polls are *alid2 The' do not *iolatethe principle of secrec' of the ballot since suchpolls are purel' *oluntar' on the part of the*oter and do not re5uire him or her to re*ealhis or her ballot2

ELECTION CONTRI@$TIONS EBPENIT$RES

Contri6utions

Contri6utions 'efine'

(Sec. a, :.P. --)

6Contribution@ includes a gift3 donation3subscription3 loan3 ad*ance or deposit ofmone' or an'thing of *alue3 or a contract3

promise or agreement to contribute3 whetheror not legall' enforceable3 made for thepurpose of influencing the results of theelections but shall not include ser*icesrendered without compensation b' indi*iduals*olunteering a portion or all of their time inbehalf of a candidate or political part'2

+t shall also include the use of facilities*oluntaril' donated b' other persons3 themone' *alue of which can be assessed basedon the rates pre*ailing in the area2

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Prohi6ite' contri6utions

(Sec. 5, :.P. --)

Ao contribution for purposes ofpartisan political acti*it' shall be made directl'or indirectl' b' an' of the following:

Public or pri*ate financial institutions2

Eowe*er3 the' are not prohibited frommaing an' loan to a candidate orpolitical part' if:

(a) the financial institutions arelegall' in the business oflending mone'3

(b) the loan is made inaccordance with laws andregulations #A=3

(c) the loan is made in theordinar' course of business2

Aatural and uridical persons operating

a public utilit' or in possession of ore4ploiting an' natural resources of thenation

Aatural and uridical persons who hold

contracts or sub.contracts to suppl'the go*ernment or an' of its di*isions3subdi*isions or instrumentalities3 withgoods or ser*ices or to performconstruction or other wors

Aatural and uridical persons who ha*e

been granted franchises3 incenti*es3e4emptions3 allocations or similar

pri*ileges or concessions b' thego*ernment or an' of its di*isions3subdi*isions or instrumentalities3including OCCs

Aatural and uridical persons who3

within 1 'ear prior to the date of theelection3 ha*e been granted loans orother accommodations in e4cess ofP1003000 b' the go*ernment or an' ofits di*isions3 subdi*isions orinstrumentalities including OCCs

ducational institutions which ha*e

recei*ed grants of public fundsamounting to no less thanP1003000200

Officials or emplo'ees in the Ci*il

,er*ice3 or members of the #rmedorces of the Philippines

oreigners and foreign corporations3

including foreign go*ernments2 (Sec.6, :P --)

+t is unlawful for an' person to solicit

or recei*e an' contribution from an' of thepersons or entities enumerated2

Prohi6ite' raisin& of fun's

+t is unlawful for an' person to hold thefollowing for the purpose of raising funds for anelection campaign or for the support of an'candidate from the commencement of theelection period up to and including electionda':

dances3

lotteries3

cocfights3

games3

bo4ing bouts3

bingo3

beaut' contests3

entertainments3 or

cinematographic3 theatrical orother performances

+t is unlawful for an' person ororgani-ation3 whether ci*ic or religious3 directl'or indirectl'3 to solicit andHor accept from an'candidate for public office3 or from his

campaign manager3 agent or representati*e3 oran' person acting in their behalf3 an' gift3food3 transportation3 contribution or donationin cash or in ind from the commencement ofthe election period up to and including electionda'2

Aote3 howe*er3 that normal andcustomar' religious stipends3 tithes3 or

collections on ,unda's andHor other designatedcollection da's3 are e4cluded from thisprohibition2

E(pen'itures

E(pen'itures 'efine'

(Sec. b, :P --)

?4penditure6 includes the pa'ment ordeli*er' of mone' of an'thing of *alue3 or acontract3 promise or agreement to mae an

e4penditure3 for the purpose of influencing theresults of the election2 +t shall also include theuse of facilities personall' owned b' thecandidate3 the mone' *alue of the use of whichcan be assessed based on the rates pre*ailingin the area2

Li)itations on e(pen'itures

(Sec. 3, R.A. 766)

The aggregate amount that acandidate or registered political part' ma'

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spend for an election campaign shall be asfollows:

'or #andidates

President and &C3 such costs not tobe taen into account indetermining the amount ofe4penses which a candidate orpolitical part' ma' ha*eincurred

Persons authori*e' to incur e(pen'itures

(Sec. 43, :.P. --)

Onl' the following persons arepermitted b' law to mae an' e4penditure insupport of or in opposition to an' candidate orpolitical part':

The candidate

The treasurer of a political part'

#n' person authori-ed b' such

candidate or treasurer2

4penditures dul' authori-ed b' thecandidate or the treasurer of the political part'shall be considered as e4penditures of suchcandidate or political part'2 The authorit' toincur e4penditures must:

(1) be in writing(2) be signed b' the candidate or the

treasurer of the part'(3) show the e4penditures so authori-ed(4) state the full name and e4act address

of the person so designated and

(5) be furnished the CO>&C2

Prohi6ite' 'onations

(Sec. 4, :.P. --)

Ao candidate3 his or her spouse or an'

relati*e within the second ci*il degree ofconsanguinit' or affinit'3 or his campaignmanager3 agent or representati*e shall duringthe campaign period3 on the da' before and onthe da' of the election3 directl' or indirectl'3mae an' donation3 contribution or gift in cashor in ind3 or undertae or contribute to theconstruction or repair of roads3 bridges3 schoolbuses3 puericulture centers3 medical clinics andhospitals3 churches or chapels cementpa*ements3 or an' structure for public use or

for the use of an' religious or ci*icorgani-ation2

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The same prohibition applies to

treasurers3 agents or representati*es of an'political part'2

Aormal and customar' religious duesor contributions3 such as religious stipends3tithes or collections on ,unda's or otherdesignated collection da's3 as well as periodicpa'ments for legitimate scholarships

established and school contributions habituall'made before the prohibited period3 aree4cluded from the prohibition2

uties of can'i'ates an' political parties

Accountin& of contri6utions an'e(pen'itures

8Sec. 45, :.P. --)

*er' person recei*ing contributions orincurring e4penditures b' authorit' of the

candidate or treasurer of the part' shall3 ondemand b' the candidate or treasurer of thepart'3 render to the candidate or treasurerconcerned a detailed account thereof withproper *ouchers or official receipts2 ,uchaccounting must be gi*en within ) da's afterrecei*ing such contribution or incurring suche4penditure2

?eepin& of 'etaile' recor's ofcontri6utions an' e(pen'itures

0eeping of records

*er' candidate and treasurer of thepart' shall eep detailed3 full3 and accuraterecords of all contributions recei*ed ande4penditures incurred b' him and b' thoseacting under his authorit'3 setting forth thereinall information re5uired to be reported2 (Sec.46b, :.P. --)

)ssuance of receipt

*er' candidate3 treasurer of thepolitical part'3 and person acting under theauthorit' of such candidate or treasurer hasthe dut' to:

(1) issue a receipt for e*er' contributionrecei*ed and

(2) eep a receipt stating the particularsof e*er' e4penditure made2

reservation of records

"eco