Election.notes

8/8/2019 Election.notes

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I. General Principles (Constitutional Provisions)a. Art. I I, Sec. 1. The Philippines is a democratic andrepublican State. Sovereignt resides in the people and allgovernment authorit emanates !rom them.

A democratic and republican government derives all its po"ers,directl or indirectl, !rom the people at large. Its essence isindirect rule. Actual sovereignt is e#ercised b the people bmeans o! su!!rage.

$epublican State % is a state "herein all government authorit

emanates !rom the people and is e#ercised b representativeschosen b people.

Aspects o! &irect democrac % initiative and re!erendum (Art 'I,Sec and Art *'II Sec )

State is a corporate entit+ government is the institution through"hich the state e#ercises po"er+ administration consists o! theset o! people currentl running the institution.

b. Art *I, Sec 1. Public o!!ice is a public t rust. Publico!!icers and emploees must, at all times, be accountable to thepeople, serve them "ith utmost responsibilit, integrit, loalt,and e!!icienc+ act "ith patriotism and ustice, and lead modestlives.

Public o!!ice is public trust % the basic idea o! the government inthe Phil is that o! a representative government, the o!!icers beingmere agents and not rulers o! the people, one "here no one manor set o! men has a propriet or contractual right to an o!!ice, but"here ever o!!icer accepts o!!ice pursuant to the provisions o!la" and holds o!!ice as a trust !or the people "hom herepresents.

c. i. Article II % &eclaration o! State PoliciesSec. 1. The Philippines is a democratic and republican State.Sovereignt resides in the people and all government authoritemanates !rom them.

Sec. 1. The State recogni-es the vital role o! the outh in nationbuilding and shall promote and protect their phsical, moral,spiritual, intellectual, and social "ellbeing. It shall inculcate in theouth patriotism and nationalism, and encourage theirinvolvement in public and civic a!!airs.

/elp the outh vote "isel b the time the are eligible to vote.

Sec. . The State shall encourage nongovernmental,communitbased, or sectoral organi-ations that promote the"el!are o! the nation.

As0 not "hat our countr can do !or ou but "hat ou can do !orour countr.Sec . The State shall guarantee e2ual access to opportunities

!or public service and prohibit political dnasties as ma bede!ined b la".

Purpose is to give substance to the desire !or the e2uali-ation o!political opportunities. &e!inition o! political dnast is le!t to thelegislature (no such la" to date)

i. Article III % 3ill o! $ightsSec 4. 5o la" shall be passed abridging the !reedom o! speech,o! e#pression, or o! the press, or the right o! the peoplepeaceabl to assemble and petition the government !or redresso! grievances.

5o suppression on political ads but onl a regulation o! the timeand manner o! advertising. Contentneutral restriction nocontentbased.

Sec. 6. 5o la" shall be made respecting an establishment o!religion, or prohibiting the !ree e#ercise thereo!. The !ree e#erciseand enoment o! religious pro!ession and "orship, "ithoudiscrimination or pre!erence, shall !orever be allo"ed. 5oreligious test shall be re2uired !or the e#ercise o! civil or politicarights.

Sec. 7. The right o! the people, including those emploed in thepublic and private sectors, to !orm unions, associations, osocieties !or purposes not contrar to la" shall not be abridged.

Sec. 1. All persons shall have the right to a speed dispositiono! their cases be!ore all udicial, 2uasiudicial, or administrativebodies.

Sec. 17. (1) 5o person shall be detained solel b reason o! hispolitical belie!s and aspirations.()5o involuntar servitude in an !orm shall e#ist e#cept as apunishment !or a crime "hereo! the part shall have been dulconvicted.

ii. Article I* Constitutional Commissions1. Article I*A Common ProvisionsSec. 1. The Constitutional Commissions, "hich shall beindependent, are the Civil Service Commission, the Commissionon 8lections, and the Commission on Audit.

Sec. . 5o member o! a Constitutional Commission shall, duringhis tenure, hold an other o!!ice or emploment. 5either shall heengage in the practice o! an pro!ession or in the activemanagement or control o! an business "hich, in an "a, mabe a!!ected b the !unctions o! his o!!ice, nor shall he be!inanciall interested, directl or indirectl, in an contract "ith, oin an !ranchise or privilege granted b the Government, an oits subdivisions, agencies, or instrumentalities, includinggovernmento"ned or controlled corporations or thei

subsidiaries.

Sec . The salar o! the Chairman and the Commissioners shalbe !i#ed b la" and shall not be decreased during their tenure.

Sec 4. The Constitutional Commissions shall appoint theio!!icials and emploees in accordance "ith la".

Sec 6. The Commission shall eno !iscal autonom. Theiapproved annual appropriations shall be automaticall andregularl released.

Sec . 8ach Commission en banc ma promulgate its o"n rulesconcerning pleadings and practice be!ore it or be!ore an o! itso!!ices. Such rules, ho"ever, shall not diminish, increase, o

modi! substantive rights.

Sec 9. 8ach Commission shall decide b a maorit vote o! all its:embers, an case or matter brought be!ore it "ithin si#t das!rom the date o! its submission !or decision or resolution. A caseor matter is deemed submitted !or decision or resolution upon the!iling o! the last pleading, brie!, or memorandum re2uired b therules o! the Commission or b the Commission itsel!. ;nlessother"ise provided b this Constitution or b la", an decisionorder, or ruling o! each Commission ma be brought to theSupreme Court on certiorari b the aggrieved part "ithin thirtdas !rom receipt o! a cop thereo!.


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Sec 7. 8ach Commission shall per!orm such other !unctions asma be provided b la".

. Art I* 3 % The Civil Service Commission,Sec. . (1) The civil service embraces all branches, subdivisions,instrumentalities, and agencies o! the Government, includinggovernmento"ned or controlled corporations "ith originalcharters.() Appointments in the civil service shall be made onl

according to merit and !itness to be determined, as !ar aspracticable, and, e#cept to positions "hich are polic

determining, primaril con!idential, or highl technical, bcompetitive e#amination.

() 5o o!!icer or emploee o! the civil service shall beremoved or suspended e#cept !or cause provided b la".

(4) 5o o!!icer o r emploee in the civil service shallengage, directl or indirectl, in an electioneering orpartisan political campaign.

(6) The right to sel!organi-ation shall not be denied togovernment emploees.

() Temporar emploees o! the Government shall begiven such protection as ma be provided b la".

Sec. . 5o candidate "ho has lost in an election shall, "ithinone ear a!ter such election, be appointed to an o!!ice in theGovernment or an Governmento"ned or controlledcorporations or in an o! their subsidiaries.

Sec. 9. 5o elective o!!icial shall be eligible !or appointment ordesignation in an capacit to an public o!!ice or position duringhis tenure.

iii. Art. I*C % Commission on 8lectionsSec. 1. (1) There shall be a Commission on 8lections composedo! a Chairman and si# Commissioners "ho shall be naturalbornciti-ens o! the Philippines and, at the time o! their appointment, atleast thirt!ive ears o! age, holders o! a college degree, andmust not have been candidates !or an elective positions in theimmediatel preceding elections. /o"ever, a maorit thereo!,including the Chairman, shall be members o! the Philippine 3ar

"ho have been engaged in the practice o! la" !or at least tenears.() The Chairman and the Commissioners shall be

appointed b the President "ith the consent o! theCommission on Appointments !or a term o! seven ears"ithout reappointment.

Sec. . The Commission on 8lections shall e#ercise the !ollo"ingpo"ers and !unctions=

(1) 8n!orce and administer all la"s and regulations relativeto the conduct o! an election, plebiscite, initiative,re!erendum, and recall.

() 8#ercise e#clusive original urisdiction over all contestsrelating to the elections, returns, and 2uali!ications o! allelective regional, provincial, and cit o!!icials, and appellate

urisdiction over all contests involving elective municipalo!!icials decided b trial courts o! general urisdiction, orinvolving elective baranga o!!icials decided b trial courts o!limited urisdiction.

&ecisions, !inal orders, or rulings o! the Commission onelection contests involving elective municipal and barangao!!ices shall be !inal, e#ecutor, and not appealable.

() &ecide, e#cept those involving the right to vote, al2uestions a!!ecting elections, including determination o! thenumber and location o! polling places, appointment oelection o!!icials and inspectors, and registration o! voters.

(4) &eputi-e, "ith the concurrence o! the President, la"en!orcement agencies and instrumentalities o! theGovernment, including the Armed >orces o! the Philippines!or the e#clusive purpose o! ensuring !ree, orderl, honestpeace!ul, and credible elections.

(6) $egister, a!ter su!!icient publication, political partiesorgani-ations, or coalitions "hich, in addition to othe

re2uirements, must present their plat!orm or program ogovernment+ and accredit citi-ens? arms o! the Commissionon 8lections. $eligious denominations and sects shall not beregistered. Those "hich see0 to achieve their goals throughviolence or unla"!ul means, or re!use to uphold and adhereto this Constitution, or "hich are supported b an !oreigngovernment shall li0e"ise be re!used registration.

>inancial contributions !rom !oreign governments and theiagencies to political parties, organi-ations, coalitions, ocandidates related to elections, constitute inter!erence innational a!!airs, and, "hen accepted, shall be an additionaground !or the cancellation o! their registration "ith theCommission, in addition to other penalties that ma beprescribed b la".

() >ile, upon a veri!ied complaint, or on its o"n initiativepetitions in court !or inclusion or e#clusion o! votersinvestigate and, "here appropriate, prosecute cases oviolations o! election la"s, including acts or omissionsconstituting election !rauds, o!!enses, and malpractices.

(9) $ecommend to the Congress e!!ective measures tominimi-e election spending, including limitation o! places"here propaganda materials shall be posted, and to prevenand penali-e all !orms o! election !rauds, o!!ensesmalpractices, and nuisance candidacies.

(7) $ecommend to the President the removal o! an o!!iceor emploee it has deputi-ed, or the imposition o! an othedisciplinar action, !or violation or disregard o!, odisobedience to, its directive, order, or decision.

(@) Submit to the President and the Congress, a

comprehensive report on the conduct o! each electionplebiscite, initiative, re!erendum, or recall.

Sec. . The Commission on 8lections ma sit en banc or in t"odivisions, and shall promulgate its rules o! procedure in order toe#pedite disposition o! election cases, including preproclamation controversies. All such election cases shall beheard and decided in division, provided that motions !oreconsideration o! decisions shall be decided b the Commissionen banc.

Sec. 4. The Commission ma, during the election periodsupervise or regulate the enoment or utili-ation o! all !ranchisesor permits !or the operation o! transportation and other publicutilities, media o! communication or in!ormation, all grants

special privileges, or concessions granted b the Government oan subdivision, agenc, or instrumentalit thereo!, including angovernmento"ned or controlled corporation or its subsidiarSuch supervision or regulation shall aim to ensure e2uaopportunit, and e2ual rates there!or, !or public in!ormationcampaigns and !orums among candidates in connection "ith theobective o! holding !ree, orderl, honest, peace!ul, and credibleelections.

Sec. 6. 5o pardon, amnest, parole, or suspension o! sentence!or violation o! election la"s, rules, and regulations shall begranted b the President "ithout the !avorable recommendationo! the Commission.


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Sec. . A !ree and open part sstem shall be allo"ed to evolveaccording to the !ree choice o! the people, subect to theprovisions o! this Article.

Sec. 9. 5o votes cast in !avor o! a political part, organi-ation, orcoalition shall be valid, e#cept !or those registered under thepartlist sstem as provided in this Constitution.

Sec. 7. Political parties, or organi-ations or coalitions registeredunder the partlist sstem, shall not be represented in the voters?registration boards, boards o! election inspectors, boards o!

canvassers, or other similar bodies. /o"ever, the shall beentitled to appoint poll "atchers in accordance "ith la".

Sec. @. ;nless other"ise !i#ed b the Commission in specialcases, the election period shall commence ninet das be!ore theda o! election and shall end thirt das therea!ter.

Sec. 1. 3ona !ide candidates !or an public o!!ice shall be !ree!rom an !orm o! harassment and discrimination.

Sec. 11. >unds certi!ied b the Commission as necessar tode!ra the e#penses !or holding regular and special elections,plebiscites, initiatives, re!erenda, and recalls, shall be provided inthe regular or special appropriations and, once approved, shallbe released automaticall upon certi!ication b the Chairman o!the Commission.

iv. Article * % Bocal Government1. G858$AB P$


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o! government !or the region consisting o! the e#ecutivedepartment and legislative assembl, both o! "hich shall beelective and representative o! the constituent political units. Theorganic acts shall li0e"ise provide !or special courts "ithpersonal, !amil, and propert la" urisdiction consistent "ith theprovisions o! this Constitution and national la"s.

The creation o! the autonomous region shall be e!!ective"hen approved b maorit o! the votes cast b the constituentunits in a plebiscite called !or the purpose, provided that onlprovinces, cities, and geographic areas voting !avorabl in suchplebiscite shall be included in the autonomous region.

Sec. 1@. The !irst Congress elected under this Constitution shall,"ithin eighteen months !rom the time o! organi-ation o! both/ouses, pass the organic acts !or the autonomous regions in:uslim :indanao and the Cordilleras.

Sec. . ithin its territorial urisdiction and subect to theprovisions o! this Constitution and national la"s, the organic acto! autonomous regions shall provide !or legislative po"ers over=

(1) Administrative organi-ation+() Creation o! sources o! revenues+() Ancestral domain and natural resources+(4) Personal, !amil, and propert relations+(6) $egional urban and rural planning development+() 8conomic, social, and tourism development+(9) 8ducational policies+(7) Preservation and development o! the cultural heritage+

and(@) Such other matters as ma be authori-ed b la" !or the

promotion o! the general "el!are o! the people o! theregion.

Sec. 1. The preservation o! peace and order "ithin the regionsshall be the responsibilit o! the local police agencies "hich shallbe organi-ed, maintained, supervised, and utili-ed in accordance"ith applicable la"s. The de!ense and securit o! the regionsshall be the responsibilit o! the 5ational Government.

II. Su!!rage

a. Article ' Su!!rage (D79C)Sec. 1. Su!!rage ma be e#ercised b all citi-ens o! thePhilippines, not other"ise dis2uali!ied b la", "ho are at leasteighteen ears o! age, and "ho shall have resided in thePhilippines !or at least one ear and in the place "herein thepropose to vote, !or at least si# months immediatel precedingthe election. 5o literac, propert, or other substantivere2uirement shall be imposed on the e#ercise o! su!!rage.

Sec. . The Congress shall provide a sstem !or securing thesecrec and sanctit o! the ballot as "ell as a sstem !orabsentee voting b 2uali!ied >ilipinos abroad.

The Congress shall also design a procedure !or the disabledand the illiterates to vote "ithout the assistance o! other persons.;ntil then, the shall be allo"ed to vote under e#isting la"s and

such rules as the Commission on 8lections ma promulgate toprotect the secrec o! the ballot.

Su!!rage % the right and obligation o! 2uali!ied citi-ens to vote= (1)in the election o! certain national and local o!!icials, and () in thedecision o! public 2uestions submitted to the people.

It is a political right "hich enables ever citi-en to participatein the process o! government to assure that it derives it po"ers!rom the consent o! the governed. It operates on the principle o!Eone man (or one "oman), one vote.E

Su!!rage is not a natural right but a privilege "hich ma begiven or "ithheld b the la"ma0ing po"er subect toconstitutional limitations. It is not necessaril an accompaniment

o! citi-enship+ it is granted onl upon the !ul!illment o! certainminimum conditions.

&is2uali!ied b la"(1) Persons sentenced b !inal udgment to su!!e

imprisonment !or not less than one (1) ear. (Note: he / sheshall automatically re-acquire the right to vote upon theexpiration of 5 years after the service of sentence.)

() Persons adudged b !inal udgment o! havingcommitted an crime involving disloalt to the dulconstituted government (e.g. rebellion, sedition, violation o

the !irearms la") or an crime against national securit(Note: he / she shall automatically re-acquire the right tovote upon the expiration of 5 years after the service osentence.)

() Insane or incompetent persons as declared bcompetent authorit.

b. :inute $esolution @9 as amended b C&epartmentSec. . 5o person ma be elected President unless he is anaturalborn citi-en o! the Philippines, a registered voter, able toread and "rite, at least !ort ears o! age on the da o! theelection, and a resident o! the Philippines !or at least ten earsimmediatel preceding such election.

Sec. . There shall be a 'icePresident "ho shall have the same2uali!ications and term o! o!!ice and be elected "ith, and in thesame manner, as the President. /e ma be removed !rom o!!icein the same manner as the President.

The 'icePresident ma be appointed as a :ember o! theCabinet. Such appointment re2uires no con!irmation.


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Sec. 4. The President and the 'icePresident shall be elected bdirect vote o! the people !or a term o! si# ears "hich shall beginat noon on the thirtieth da o! Fune ne#t !ollo"ing the da o! theelection and shall end at noon o! the same date, si# earstherea!ter. The President shall not be eligible !or an reelection.5o person "ho has succeeded as President and has served assuch !or more than !our ears shall be 2uali!ied !or election to thesame o!!ice at an time.

5o 'icePresident shall serve !or more than t"o successiveterms. 'oluntar renunciation o! the o!!ice !or an length o! timeshall not be considered as an interruption in the continuit o! the

service !or the !ull term !or "hich he "as elected.;nless other"ise provided b la", the regular election !or

President and 'icePresident shall be held on the second:onda o! :a.

The returns o! ever election !or President and 'icePresident, dul certi!ied b the board o! canvassers o! eachprovince or cit, shall be transmitted to the Congress, directed tothe President o! the Senate. ;pon receipt o! the certi!icates o!canvass, the President o! the Senate shall, not later than thirtdas a!ter the da o! the election, open all the certi!icates in thepresence o! the Senate and the /ouse o! $epresentatives in ointpublic session, and the Congress, upon determination o! theauthenticit and due e#ecution thereo! in the manner provided bla", canvass the votes.

The person having the highest number o! votes shall beproclaimed elected, but in case t"o or more shall have an e2ualand highest number o! votes, one o! them shall !orth"ith bechosen b the vote o! a maorit o! all the :embers o! both/ouses o! the Congress, voting separatel.

The Congress shall promulgate its rules !or the canvassingo! the certi!icates.

The Supreme Court, sitting en banc, shall be the sole udgeo! all contests relating to the election, returns, and 2uali!icationso! the President or 'icePresident, and ma promulgate its rules!or the purpose.

Sec. 6. 3e!ore the enter on the e#ecution o! their o!!ice, thePresident, the 'icePresident, or the Acting President shall ta0ethe !ollo"ing oath or a!!irmation=

EI do solemnl s"ear (or a!!irm) that I "ill !aith!ull andconscientiousl !ul!ill m duties as President (or 'icePresident or Acting President) o! the Philippines, preserveand de!end its Constitution, e#ecute its la"s, do ustice toever man, and consecrate msel! to the service o! the5ation. So help me God.E (In case o! a!!irmation, lastsentence "ill be omitted.)

Sec. . The President shall have an o!!icial residence. Thesalaries o! the President and 'icePresident shall be determinedb la" and shall not be decreased during their tenure. 5oincrease in said compensation shall ta0e e!!ect until a!ter thee#piration o! the term o! the incumbent during "hich suchincrease "as approved. The shall not receive during their tenurean other emolument !rom the Government or an other source.

Sec. 9. The Presidentelect and the 'ice Presidentelect shallassume o!!ice at the beginning o! their terms.

I! the Presidentelect !ails to 2uali!, the 'ice Presidentelectshall act as President until the Presidentelect shall have2uali!ied.

I! a President shall not have been chosen, the 'icePresidentelect shall act as President until a President shall havebeen chosen and 2uali!ied.

I! at the beginning o! the term o! the President, thePresidentelect shall have died or shall have becomepermanentl disabled, the 'ice Presidentelect shall becomePresident.

here no President and 'icePresident shall have beenchosen or shall have 2uali!ied, or "here both shall have died orbecome permanentl disabled, the President o! the Senate or, incase o! his inabilit, the Spea0er o! the /ouse o$epresentatives, shall act as President until a President or a'icePresident shall have been chosen and 2uali!ied.

The Congress shall, b la", provide !or the manner in "hichone "ho is to act as President shall be selected until a Presidentor a 'icePresident shall have 2uali!ied, in case o! deathpermanent disabilit, or inabilit o! the o!!icials mentioned in thene#t preceding paragraph.

Sec. 7. In case o! death, permanent disabilit, removal !romo!!ice, or resignation o! the President, the 'icePresident shalbecome the President to serve the une#pired term. In case o!death, permanent disabilit, removal !rom o!!ice, or resignation oboth the President and 'icePresident, the President o! theSenate or, in case o! his inabilit, the Spea0er o! the /ouse o!$epresentatives, shall then act as President until the President o'icePresident shall have been elected and 2uali!ied.

The Congress shall, b la", provide "ho shall serve asPresident in case o! death, permanent disabilit, or resignation othe Acting President. /e shall serve until the President or the'icePresident shall have been elected and 2uali!ied, and besubect to the same restrictions o! po"ers and dis2uali!icationsas the Acting President.

Sec @. henever there is a vacanc in the

Sec. . 5o person shall be a Senator unless he is a naturalborn

citi-en o! the Philippines and, on the da o! the election, is atleast thirt!ive ears o! age, able to read and "rite, a registeredvoter, and a resident o! the Philippines !or not less than t"o earsimmediatel preceding the da o! the election.

Sec. 4. The term o! o!!ice o! the Senators shall be si# ears andshall commence, unless other"ise provided b la", at noon onthe thirtieth da o! Fune ne#t !ollo"ing their election. 5o Senatoshall serve !or more than t"o consecutive terms. 'oluntarrenunciation o! the o!!ice !or an length o! time shall not beconsidered as an interruption in the continuit o! his service !othe !ull term o! "hich he "as elected.

c. /ouse o! $epresentatives % Art 'ISec. 6.

(1) The /ouse o! $epresentatives shall be composed o! nomore than t"o hundred and !i!t members, unless other"ise!i#ed b la", "ho shall be elected !rom legislative districtsapportioned among the provinces, cities, and the:etropolitan :anila area in accordance "ith the number otheir respective inhabitants, and on the basis o! a uni!ormand progressive ratio, and those "ho, as provided b la"shall be elected through a partlist sstem o! registerednational, regional, and sectoral parties or organi-ations.

() 8ach legislative district shall comprise, as !ar aspracticable, contiguous, compact, and adacent territor8ach cit "ith a population o! at least t"o hundred !i!tthousand, or each province, shall have at least onerepresentative.


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(4) ithin three ears !ollo"ing the return o! ever census,the Congress shall ma0e a reapportionment o! legislativedistricts based on the standards provided in this section.

Sec . 5o person shall be a :ember o! the /ouse o!$epresentatives unless he is a naturalborn citi-en o! thePhilippines and, on the da o! the election, is at least t"ent!iveears o! age, able to read and "rite, and, e#cept the partlistrepresentatives, a registered voter in the district in "hich he shallbe elected, and a resident thereo! !or a period o! not less thanone ear immediatel preceding the da o! the election.

Sec. 9. The :embers o! the /ouse o! $epresentatives shall beelected !or a term o! three ears "hich shall begin, unlessother"ise provided b la", at noon on the thirtieth da o! Funene#t !ollo"ing their election. 5o :ember o! the /ouse o!$epresentatives shall serve !or more than three consecutiveterms. 'oluntar renunciation o! the o!!ice !or an length o! timeshall not be considered as an interruption in the continuit o! hisservice !or the !ull term !or "hich he "as elected.

d. PartBist $epresentatives$A 9@41

Sec. . &eclaration o! part. The State shall promote proportionalrepresentation in the election o! representatives to the /ouse o!$epresentatives through a partlist sstem o! registerednational, regional and sectoral parties or organi-ations orcoalitions thereo!, "hich "ill enable >ilipino citi-ens belonging tomarginali-ed and underrepresented sectors, organi-ations andparties, and "ho lac0 "ellde!ined political constituencies but"ho could contribute to the !ormulation and enactment o!appropriate legislation that "ill bene!it the nation as a "hole, tobecome members o! the /ouse o! $epresentatives. To"ards thisend, the State shall develop and guarantee a !ull, !ree and openpart sstem in order to attain the broadcast possiblerepresentation o! part, sectoral or group interests in the /ouseo! $epresentatives b enhancing their chances to compete !orand "in seats in the legislature, and shall provide the simplestscheme possible.

Sec. @. uali!ications o! PartBist 5ominees. 5o person shall be

nominated as partlist representative unless he is a naturalbornciti-en o! the Philippines, a registered voter, a resident o! thePhilippines !or a period o! not less than one (1)ear immediatelpreceding the da o! the election, able to read and "rite, a bona!ide member o! the part or organi-ation "hich he see0s torepresent !or at least ninet (@) das preceding the da o! theelection, and is at least t"ent!ive (6) ears o! age on the dao! the election.

In case o! a nominee o! the outh sector, he must at least bet"ent!ive (6) but not more than thirt () ears o! age on theda o! the election. An outh sectoral representative "ho attainsthe age o! thirt () during his term shall be allo"ed to continuein o!!ice until the e#piration o! his term.

Sec 11. 5umber o! PartBist $epresentatives. The partlist

representatives shall constitute t"ent per centum (H) o! thetotal number o! the members o! the /ouse o! $epresentativesincluding those under the partlist.

>or purposes o! the :a 1@@7 elections, the !irst !ive (6)maor political parties on the basis o! part representation in the/ouse o! $epresentatives at the start o! the Tenth Congress o!the Philippines shall not be entitled to participate in the partlistsstem.

In determining the allocation o! seats !or the second vote,the !ollo"ing procedure shall be observed=

(a) The parties, organi-ations, and coalitions shall be ran0ed!rom the highest to the lo"est based on the number o! votesthe garnered during the elections.

(b) The parties, organi-ations, and coalitions receiving at least"o percent (H) o! the total votes cast !or the partlist sstemshall be entitled to one seat each= Provided, That thosegarnering more than t"o percent (H) o! the votes shall beentitled to additional seats in proportion to their total number ovotes = Provided, !inall, That each part, organi-ation, ocoalition shall be entitled to not more than three () seats.

Sec 1. Procedure in Allocating Seats !or PartBis$epresentatives. The C

ears o! age on election da.(!) Candidates !or the sangguniang 0abataan must be at leas!i!teen (16) ears o! age but not more than t"entone (1ears o! age on election da.

$esidence % >or purposes o! election la", residence issnonmous "ith domicile. Art. 6 o! the Civil Code providesthat !or the e#istence o! civil rights and the !ul!illment o! civiobligations, the domicile o! natural persons is the place o! theihabitual residence.J &omicile includes the t"in elements o! the!act o! residing or phsical presence in a !i#ed placeJ and animusmanendi, or the intention o! returning there permanentl($omualde-:arcos v. C


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8ver person is deemed to have his domicile some"here,and "hen it has been ac2uired, it "ill be deemed to continue untila ne" one has been ac2uired. Temporar absences although!re2uent or long continued, "ill not, "hile the person has acontinuous intention to return, deprive him o! his domicile andright to vote.

An person "ho temporaril resides in another cit,municipalit or countr solel b reason o! his occupation,pro!ession, emploment in private or public service, educationalactivities, "or0 in the militar or naval reservations "ithin thePhilippines, service in the A>P, the P5P, or con!inement or

detention in government institutions in accordance "ith la", shallnot be deemed to have lost his original residence. (Sec. @, $.A.717@)It is not necessar that a person should have a house inorder to establish his residence or domicile in a municipalit.It is enough that he should live there, provided that his stais accompanied b his intention to reside thereinpermanentl.

$omualde-:arcos v. C


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Sec. 6. The Commission shall eno !iscal autonom. Theirapproved annual appropriations shall be automaticall andregularl released.

ii. Art I*C,Sec () % 8#ercise e#clusive original urisdiction over allcontests relating to the elections, returns, and 2uali!ications o! allelective regional, provincial, and cit o!!icials, and appellate

urisdiction over all contests involving elective municipal o!!icialsdecided b trial courts o! general urisdiction, or involving electivebaranga o!!icials decided b trial courts o! limited urisdiction.

&ecisions, !inal orders, or rulings o! the Commission onelection contests involving elective municipal and barangao!!ices shall be !inal, e#ecutor, and not appealable.

b. Furisdictioni. Art I*C,

Sec %The Commission on 8lections shall e#ercise the !ollo"ingpo"ers and !unctions=

1. 8n!orce and administer all la"s and regulations relativeto the conduct o! an election, plebiscite, initiative,re!erendum, and recall.

. 8#ercise e#clusive original urisdiction over all contestsrelating to the elections, returns, and 2uali!ications o! allelective regional, provincial, and cit o!!icials, andappellate urisdiction over all contests involving electivemunicipal o!!icials decided b trial courts o! general

urisdiction, or involving elective baranga o!!icialsdecided b trial courts o! limited urisdiction.&ecisions, !inal orders, or rulings o! the Commission onelection contests involving elective municipal andbaranga o!!ices shall be !inal, e#ecutor, and notappealable.

. &ecide, e#cept those involving the right to vote, all2uestions a!!ecting elections, including determination o!the number and location o! polling places, appointmento! election o!!icials and inspectors, and registration o!voters.

4. &eputi-e, "ith the concurrence o! the President, la"en!orcement agencies and instrumentalities o! the

Government, including the Armed >orces o! thePhilippines, !or the e#clusive purpose o! ensuring !ree,orderl, honest, peace!ul, and credible elections.

6. $egister, a!ter su!!icient publication, political parties,organi-ations, or coalitions "hich, in addition to otherre2uirements, must present their plat!orm or program o!government+ and accredit citi-ens? arms o! theCommission on 8lections. $eligious denominations andsects shall not be registered. Those "hich see0 toachieve their goals through violence or unla"!ul means,or re!use to uphold and adhere to this Constitution, or"hich are supported b an !oreign government shallli0e"ise be re!used registration.>inancial contributions !rom !oreign governments andtheir agencies to political parties, organi-ations,

coalitions, or candidates related to elections, constituteinter!erence in national a!!airs, and, "hen accepted,shall be an additional ground !or the cancellation o! theirregistration "ith the Commission, in addition to otherpenalties that ma be prescribed b la".

. >ile, upon a veri!ied complaint, or on its o"n initiative,petitions in court !or inclusion or e#clusion o! voters+investigate and, "here appropriate, prosecute cases o!violations o! election la"s, including acts or omissionsconstituting election !rauds, o!!enses, and malpractices.

9. $ecommend to the Congress e!!ective measures tominimi-e election spending, including limitation o!places "here propaganda materials shall be posted,

and to prevent and penali-e all !orms o! election !raudso!!enses, malpractices, and nuisance candidacies.

7. $ecommend to the President the removal o! an o!!iceor emploee it has deputi-ed, or the imposition o! another disciplinar action, !or violation or disregard o!, odisobedience to, its directive, order, or decision.

@. Submit to the President and the Congress, acomprehensive report on the conduct o! each electionplebiscite, initiative, re!erendum, or recall.

i. Sec. 6, 3P 771 Petition !or 2uo "arranto. An vote

contesting the election o! an :ember o! the 3atasangPambansa, regional, provincial, or cit o!!icer on theground o! ineligibilit or o! disloalt to the $epublic o! thePhilippines shall !ile a s"orn petition !or 2uo "arranto "iththe Commission "ithin ten das a!ter the proclamation o!the results o! the election.

An voter contesting the election o! an municipal obaranga o!!icer on the ground o! ineligibilit or odisloalt to the $epublic o! the Philippines shall !ile as"orn petition !or 2uo "arranto "ith the regional trial couror metropolitan or municipal trial court, respectivel, "ithinten das a!ter the proclamation o! the results o! theelection.

I*. $egistration o! 'otera. $A 717@

Sec. @. Who may Register. All citi-ens o! the Philippines noother"ise dis2uali!ied b la" "ho are at least eighteen (17) earso! age, and "ho shall have resided in the Philippines !or at leasone (1) ear, and in the place "herein the propose to vote, !or aleast si# () months immediatel preceding the election, maregister as a voter.

An person "ho temporaril resides in another cit, municipalitor countr solel b reason o! his occupation, pro!essionemploment in private or public service, educational activities"or0 in the militar or naval reservations "ithin the Philippinesservice in the Armed >orces o! the Philippines, the 5ationaPolice >orces, or con!inement or detention in governmen

institutions in accordance "ith la", shall not be deemed to havelost his original residence.An person, "ho, on the da o! registration ma not havereached the re2uired age or period o! residence but, "ho, on theda o! the election shall possess such 2uali!ications, ma registeas a voter.

Sec. 11. Disqualification.The !ollo"ing shall be dis2uali!ied !romregistering=

a) An person "ho has been sentenced b !inal udgment tosu!!er imprisonment o! not less than one (1) ear, suchdisabilit not having been removed b plenar pardon oamnest= Provided, ho"ever, That an person dis2uali!ied tovote under this paragraph shall automaticall reac2uire theright to vote upon e#piration o! !ive (6) ears a!ter service o

sentence+b) An person "ho has been adudged b !inal udgment b acompetent court or tribunal o! having committed an crimeinvolving disloalt to the dul constituted government such asrebellion, sedition, violation o! the !irearms la"s or an crimeagainst national securit, unless restored to his !ull civil andpolitical rights in accordance "ith la"= Provided, That he shalautomaticall reac2uire the right to vote upon e#piration o! !ive(6) ears a!ter service o! sentence+ andc) Insane or incompetent persons declared as such bcompetent authorit unless subse2uentl declared b propeauthorit that such person is no longer insane or incompetent.

Sec. . Definition of erms


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c) 3oo0 o! 'oters re!ers to the compilation o! all registrationrecords in a precinct+d) Bist o! 'oters re!ers to an enumeration o! names o!registered voters in a precinct dul certi!ied b the 8lection$egistration 3oard !or use in the election+g) 8lection $egistration 3oard re!ers to the bod constitutedherein to act on all applications !or registration+l) Polling place re!ers to the place "here the 3oard o! 8lectionInspectors conducts its proceeding and "here the voters casttheir votes+m) 'oting center re!ers to the building or place "here the

polling place is located+

edcvl

Sec. 16. !lection Registration "oar#.There shall be in each citand municipalit as man as 8lection $egistration 3oards asthere are election o!!icers therein. In thic0l populatedcitiesMmunicipalities, the Commission ma appoint additionalelection o!!icers !or such duration as ma be necessar.The 3oard shall be composed o! the 8lection

authori-ed b the Commission shall be entitled to a "atcher inever registration board.

*. $unning !or Public

Sec. 9. $ertificate of can#i#acy. 5o person shall be eligible !oran elective public o!!ice unless he !iles a s"orn certi!icate o!candidac "ithin the period !i#ed herein.

A person "ho has !iled a certi!icate o! candidac ma, prior to theelection, "ithdra" the same b submitting to the o!!ice concerneda "ritten declaration under oath.5o person shall be eligible !or more than one o!!ice to be !illed inthe same election, and i! he !iles his certi!icate o! candidac !ormore than one o!!ice, he shall not be eligible !or an o! them.

/o"ever, be!ore the e#piration o! the period !or the !iling o!certi!icates o! candidac, the person "ho "as !iled more than onecerti!icate o! candidac ma declare under oath the o!!ice !or"hich he desires to be eligible and cancel the certi!icate o!candidac !or the other o!!ice or o!!ices.The !iling or "ithdra"al o! a certi!icate o! candidac shall nota!!ect "hatever civil, criminal or administrative liabilities "hich acandidate ma have incurred.

Sec. 9@. Definitions. -As used in this Code=(a) The term EcandidateE re!ers to an person aspiring !or orsee0ing an elective public o!!ice, "ho has !iled a certi!icate o!candidac b himsel! or through an accredited political part,aggroupment, or coalition o! parties

ii. :ode o! !iling ($A 91)Sec. 9. %iling of $ertificates of $an#i#acy. The certi!icate ocandidac o! an person running !or the o!!ice o! President, 'icePresident, Senator, :ember o! the /ouse o! $epresentatives oan elective provincial, cit or municipal o!!icial shall be !iled in!ive (6) legible copies "ith the o!!ices o! the Commissionspeci!ied hereunder not later than the da be!ore the date legall!i#ed !or the beginning o! his campaign period.

(a) The certi!icate o! candidac !or President, 'icePresidenand Senators shall be !iled "ith the main o!!ice o! the

Commission in :anila+(b) The certi!icate o! candidac !or the :embers o! the /ouseo! $epresentatives shall be !iled "ith the provincial electionsupervisor o! the province concerned. Those !or legislativedistricts in the 5ational Capital $egion shall be !iled "ith theregional election director o! said region and those !or legislativedistricts in cities outside the 5ational Capital $egion "hichcomprise one or more legislative districts shall be !iled "ith thecit election registrar concerned+(c) The certi!icate o! candidac !or provincial o!!ices shall be!iled "ith the provincial supervisor concerned+ and(d) The certi!icate o! candidac !or cit or municipal o!!icesshall be !iled "ith the cit or municipal election registraconcerned.

henever practicable, the names o! registered candidates !orlocal positions shall be printed in the election returns= ProvidedThat, i! a candidate has been dis2uali!ied or declared a nuisancecandidate, it shall be the dut o! the Commission to instruc"ithout dela the appropriate election o!!icials to delete the nameo! said candidate as printed in the election return.The certi!icate o! candidac shall be !iled b the candidatepersonall or b his dul authori-ed representative. 5o certi!icateo! candidac shall be !iled or accepted b mail, telegram o!acsimile.

iii. 8!!ect o! !iling3P 771Sec. . $an#i#ates hol#ing appointive office or positions. - Anperson holding a public appointive o!!ice or position, including

active members o! the Armed >orces o! the Philippines, ando!!icers and emploees in governmento"ned or controlledcorporations, shall be considered ipso !acto resigned !rom hiso!!ice upon the !iling o! his certi!icate o! candidac.

$A @ >air 8lections ActSec. 14. Repealing $lause.% Section 9 and 76 o! the


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addresses o! the printer and paor as re2uired in Section 74hereo!+(b) To erect, put up, ma0e use o!, attach, !loat or displa anbillboard, tinplateposter, balloons and the li0e, o! "hateversi-e, shape, !orm or 0ind, advertising !or or against ancandidate or political part+(c) To purchase, manu!acture, re2uest, distribute or acceptelectoral propaganda gadgets, such as pens, lighters, !ans o!"hatever nature, !lashlights, athletic goods or materials,"allets, shirts, hats, bandanas, matches, cigarettes and theli0e, e#cept that campaign supporters accompaning a

candidate shall be allo"ed to "ear hats andMor shirts or Tshirts advertising a candidate+(d) To sho" or displa publicl an advertisement orpropaganda !or or against an candidate b means o!cinematograph, audiovisual units or other screen proectionse#cept telecasts "hich ma be allo"ed as hereina!terprovided+ and(e) >or an radio broadcasting or television station to sell orgive !ree o! charge air time !or campaign and other politicalpurposes e#cept as authori-ed in this Code under the rulesand regulations promulgated b the Commission pursuantthereto.

An prohibited election propaganda gadget or advertisementshall be stopped, con!iscated or torn do"n b therepresentative o! the Commission upon speci!ic authorit o! theCommission.

$A 4Sec. 1. $ommon &oster (reas. The Commission shalldesignate common poster areas in the strategic public placessuch as mar0ets, baranga centers and the li0e "hereincandidates can post, displa, or e#hibit election propaganda toannounce or !urther their candidac.henever !easible common billboards ma be installed b theCommission andMor nonpartisan private or civic organi-ations"hich the Commission ma authori-e "henever available, a!terdue notice and hearing, in strategic places "here it ma bereadil seen or read, "ith the heaviest pedestrian andMorvehicular tra!!ic in the cit or municipalit.

The space in such common poster areas or billboards shall beallocated !ree o! charge, i! !easible, e2uitabl and impartiallamong the candidates in the province, cit or municipalit.

Sec. 11. &rohi'ite# %orms of !lection &ropagan#a. In additionto the !orms o! election propaganda prohibited under Section 76o! 3atas Pambansa 3lg. 771, it shall be unla"!ul=

(a) to dra", paint, inscribe, "rite, post, displa or publicle#hibit an election propaganda in an place, "hether private,or public, e#cept in the common poster areas andMor billboardsprovided in the immediatel preceding section, at thecandidate?s o"n residence, or at the campaign head2uarters o!the candidate or political part= Provided, That such posters orelection propaganda shall in no case e#ceed t"o () !eet bthree () !eet in area= Provided !urther, That at the site o! and

on the occasion o! a public meeting or rall, streamers, notmore than t"o () and not e#ceeding three () !eet b eight (7)!eet each ma be displaed !ive (6) das be!ore the date o! themeeting or rall, and shall be removed "ithin t"ent!our (4)hours a!ter said meeting or rall+ and(b) !or an ne"spaper, radio broadcasting or television station,or other mass media, or an person ma0ing use o! the massmedia to sell or to give !ree o! charge print space or air time !orcampaign or other political purposes e#cept to the Commissionas provided under Sections @ and @ o! 3atas Pambansa 3lg.771. An mass media columnist, commentator, announcementor personalit "ho is a candidate !or an elective public o!!iceshall ta0e a leave o! absence !rom his "or0 as such during thecampaign period.

$A 74Sec. 11. fficial 'allot. The Commission shall prescribe the si-eand !orm o! the o!!icial ballot "hich shall contain the titles o! thepositions to be !illed andMor the propositions to be voted upon inan initiative, re!erendum or plebiscite. ;nder each position, thenames o! candidates shall be arranged alphabeticall bsurname and uni!orml printed using the same tpe si-e. A !i#edspace "here the chairman o! the 3oard o! 8lection inspectorsshall a!!i# hisMher signature to authenticate the o!!icial ballot shalbe provided.3oth sides o! the ballots ma be used "hen necessar.>or this purpose, the deadline !or the !iling o! certi!icate o!candidacMpetition !or registrationMmani!estation to participate inthe election shall not be later than one hundred t"ent (1das be!ore the elections= Provided, That, an elective o!!icial"hether national or local, running !or an o!!ice other than theone "hich heMshe is holding in a permanent capacit, e#cept !opresident and vicepresident, shall be deemed resigned onlupon the start o! the campaign period corresponding to theposition !or "hich heMshe is running= Provided, !urther, Thatunla"!ul acts or omissions applicable to a candidate shall ta0ee!!ect upon the start o! the a!oresaid campaign period= Provided!inall, That, !or purposes o! the :a 11, 1@@7 elections, thedeadline !or !iling o! the certi!icate o! candidac !or the positions

o! President, 'ice President, Senators and candidates under thePartBist Sstem as "ell as petitions !or registration andMomani!estation to participate in the PartBist Sstem shall be on>ebruar @, 1@@7 "hile the deadline !or the !iling o! certi!icate ocandidac !or other positions shall be on :arch 9, 1@@7.The o!!icial ballots shall be printed b the 5ational Printing

moral turpitude or !or an o!!ense punishable b one (1) earor more o! imprisonment, "ithin t"o () ears a!ter servingsentence+

:oral Turpitude is an act o! a baseness, vileness, or depravitin the private duties "hich a man o"es to his !ello" men, or tosociet in general, contrar to the accepted and customar rule oright and dut bet"een man and "oman or conduct contrar to

ustice, honest, modest or good morals. The general rule isthat crimes mala in se involve moral turpitude "hile crimes malaprohibita do not. :oral turpitude implies something immoral initsel!, regardless o! the !act that it is punishable b la" or not.(b) Those removed !rom o!!ice as a result o! an administrative

case+


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(c) Those convicted b !inal udgment !or violating the oath o!allegiance to the $epublic+

(d) Those "ith dual citi-enship+(e) >ugitives !rom ustice in criminal or nonpolitical cases here or

abroad+(!) Permanent residents in a !oreign countr or those "ho have

ac2uired the right to reside abroad and continue to avail o!the same right a!ter the e!!ectivit o! this Code+ and

(g) The insane or !eebleminded.

ii. 3P 771

Sec. 7. Disqualifications. -An candidate "ho, in an action orprotest in "hich he is a part is declared b !inal decision o! acompetent court guilt o!, or !ound b the Commission o! having(a) given mone or other material consideration to in!luence,induce or corrupt the voters or public o!!icials per!orming electoral!unctions+ (b) committed acts o! terrorism to enhance hiscandidac+ (c) spent in his election campaign an amount ine#cess o! that allo"ed b this Code+ (d) solicited, received ormade an contribution prohibited under Sections 7@, @6, @, @9and 14+ or (e) violated an o! Sections 7, 7, 76, 7 and 1,paragraphs d, e, 0, v, and cc, subparagraph , shall bedis2uali!ied !rom continuing as a candidate, or i! he has beenelected, !rom holding the o!!ice. An person "ho is a permanentresident o! or an immigrant to a !oreign countr shall not be2uali!ied to run !or an elective o!!ice under this Code, unlesssaid person has "aived his status as permanent resident orimmigrant o! a !oreign countr in accordance "ith the residencere2uirement provided !or in the election la"s.

Sec. 7@. ransportation* foo# an# #rin+s. -It shall be unla"!ul !oran candidate, political part, organi-ation, or an person to giveor accept, !ree o! charge, directl or indirectl, transportation,!ood or drin0s or things o! value during the !ive hours be!ore anda!ter a public meeting, on the da preceding the election, and onthe da o! the election+ or to give or contribute, directl orindirectl, mone or things o! value !or such purpose.

Sec. @6. &rohi'ite# contri'utions. -5o contribution !or purposeso! partisan political activit shall be made directl or indirectl b

an o! the !ollo"ing=(a) Public or private !inancial institutions= Provided, ho"ever,That nothing herein shall prevent the ma0ing o! an loan to acandidate or political part b an such public or private!inancial institutions legall in the business o! lending mone,and that the loan is made in accordance "ith la"s andregulations and in the ordinar course o! business+(b) 5atural and uridical persons operating a public utilit or inpossession o! or e#ploiting an natural resources o! the nation+(c) 5atural and uridical persons "ho hold contracts or subcontracts to suppl the government or an o! its divisions,subdivisions or instrumentalities, "ith goods or services or toper!orm construction or other "or0s+(d) 5atural and uridical persons "ho have been granted!ranchises, incentives, e#emptions, allocations or similar

privileges or concessions b the government or an o! itsdivisions, subdivisions or instrumentalities, includinggovernmento"ned or controlled corporations+(e) 5atural and uridical persons "ho, "ithin one ear prior tothe date o! the election, have been granted loans or otheraccommodations in e#cess o! P1, b the government oran o! its divisions, subdivisions or instrumentalities includinggovernmento"ned or controlled corporations+(!) 8ducational institutions "hich have received grants o! public!unds amounting to no less than P1,.+(g) orces o! the Philippines+ and(h) >oreigners and !oreign corporations.

It shall be unla"!ul !or an person to solicit or receive ancontribution !rom an o! the persons or entities enumeratedherein.

Sec. @. ,oliciting or receiving contri'utions from foreignsources. -It shall be unla"!ul !or an person, including a politicapart or public or private entit to solicit or receive, directl orindirectl, an aid or contribution o! "hatever !orm or nature !roman !oreign national, government or entit !or the purposes o!in!luencing the results o! the election.Section @9. &rohi'ite# raising of fun#s. -It shall be unla"!ul !o

an person to hold dances, lotteries, coc0!ights, games, bo#ingbouts, bingo, beaut contests, entertainments, ocinematographic, theatrical or other per!ormances !or thepurpose o! raising !unds !or an election campaign or !or thesupport o! an candidate !rom the commencement o! the electionperiod up to and including election da+ or !or an person ororgani-ation, "hether civic or religious, directl or indirectl, tosolicit andMor accept !rom an candidate !or public o!!ice, or !romhis campaign manager, agent or representative, or an personacting in their behal!, an gi!t, !ood, transportation, contribution odonation in cash or in 0ind !rom the commencement o! theelection period up to and including election da+ Provided, Thanormal and customar religious stipends, tithes, or collections onSundas andMor other designated collection das, are e#cluded!rom this prohibition.

Sec. 14. &rohi'ite# #onations 'y can#i#ates* treasurers oparties or their agents. -5o candidate, his or her spouse or anrelative "ithin the second civil degree o! consanguinit or a!!initor his campaign manager, agent or representative shall duringthe campaign period, on the da be!ore and on the da o! theelection, directl or indirectl, ma0e an donation, contribution ogi!t in cash or in 0ind, or underta0e or contribute to theconstruction or repair o! roads, bridges, school busespuericulture centers, medical clinics and hospitals, churches ochapels cement pavements, or an structure !or public use or !othe use o! an religious or civic organi-ation= Provided, Thanormal and customar religious dues or contributions, such asreligious stipends, tithes or collections on Sundas or othe

designated collection das, as "ell as periodic paments !olegitimate scholarships established and school contributionshabituall made be!ore the prohibited period, are e#cluded !romthe prohibition.The same prohibition applies to treasurers, agents orepresentatives o! an political part.

Sec. 7. !lection campaign or partisan political activity outsi#ecampaign perio#. -It shall be unla"!ul !or an person, "hether ornot a voter or candidate, or !or an part, or association opersons, to engage in an election campaign or partisan politicaactivit e#cept during the campaign period= Provided, Thapolitical parties ma hold political conventions or meetings tonominate their o!!icial candidates "ithin thirt das be!ore thecommencement o! the campaign period and !ort!ive das !or

Presidential and 'icePresidential election.

Sec. 7. Removal* #estruction or #efacement of laful electionpropagan#a prohi'ite#. -It shall be unla"!ul !or an personduring the campaign period to remove, destro, obliterate, or inan manner de!ace or tamper "ith, or prevent the distribution o!la"!ul election propaganda.

Sec. 76. &rohi'ite# forms of election propagan#a. -It shall beunla"!ul=

(a) To print, publish, post or distribute an poster, pamphletcircular, handbill, or printed matter urging voters to vote !or oagainst an candidate unless the bear the names and


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addresses o! the printer and paor as re2uired in Section 74hereo!+(b) To erect, put up, ma0e use o!, attach, !loat or displa anbillboard, tinplateposter, balloons and the li0e, o! "hateversi-e, shape, !orm or 0ind, advertising !or or against ancandidate or political part+(c) To purchase, manu!acture, re2uest, distribute or acceptelectoral propaganda gadgets, such as pens, lighters, !ans o!"hatever nature, !lashlights, athletic goods or materials,"allets, shirts, hats, bandanas, matches, cigarettes and theli0e, e#cept that campaign supporters accompaning a

candidate shall be allo"ed to "ear hats andMor shirts or Tshirts advertising a candidate+(d) To sho" or displa publicl an advertisement orpropaganda !or or against an candidate b means o!cinematograph, audiovisual units or other screen proectionse#cept telecasts "hich ma be allo"ed as hereina!terprovided+ and(e) >or an radio broadcasting or television station to sell orgive !ree o! charge air time !or campaign and other politicalpurposes e#cept as authori-ed in this Code under the rulesand regulations promulgated b the Commission pursuantthereto.

An prohibited election propaganda gadget or advertisementshall be stopped, con!iscated or torn do"n b therepresentative o! the Commission upon speci!ic authorit o! theCommission.

Sec. 7. Regulation of election propagan#a through mass me#ia.-

(a) The Commission shall promulgate rules and regulationsregarding the sale o! air time !or partisan political purposesduring the campaign period to insure the e2ual time as toduration and 2ualit in available to all candidates !or the sameo!!ice or political parties at the same rates or given !ree o!charge+ that such rates are reasonable and not higher thanthose charged other buers or users o! air time !or nonpoliticalpurposes+ that the provisions o! this Code regarding thelimitation o! e#penditures b candidates and political partiesand contributions b private persons, entities and institutions

are e!!ectivel en!orced+ and to ensure that said radiobroadcasting and television stations shall not undul allo" thescheduling o! an program or permit an sponsor to mani!estl!avor or oppose an candidate or political part b undul orrepeatedl re!erring to or including said candidate andMorpolitical part in such program respecting, ho"ever, in allinstances the right o! said stations to broadcast accounts o!signi!icant or ne"s"orth events and vie"s on matters o!public interest.(b) All contracts !or advertising in an ne"spaper, maga-ine,periodical or an !orm o! publication promoting or opposing thecandidac o! an person !or public o!!ice shall, be!ore itsimplementation, be registered b said ne"spaper, maga-ine,periodical or publication "ith the Commission. In ever case, itshall be signed b the candidate concerned or b the dul

authori-ed representative o! the political part.(c) 5o !ranchise or permit to operate a radio or televisionstation shall be granted or issued, suspended or cancelledduring the election period.

An radio or television stations, including that o"ned orcontrolled b the Government, shall give !ree o! charge e2ualtime and prominence to an accredited political part or itscandidates i! it gives !ree o! charge air time to an accreditedpolitical part or its candidates !or political purposes.In all instances, the Commission shall supervise the use andemploment o! press, radio and television !acilities so as to givecandidates e2ual opportunities under e2ual circumstances toma0e 0no"n their 2uali!ications and their stand on public issues"ithin the limits set !orth in this Code on election spending.

$ules and regulations promulgated b the Commission undeand b authorit o! this section shall ta0e e!!ect on the seventhda a!ter their publication in at least t"o dail ne"spapers ogeneral circulation. Prior to the e!!ectivit o! said rules andregulations, no political advertisement or propaganda !or oagainst an candidate or political part shall be published obroadcast through the mass media.'iolation o! the rules and regulations o! the Commission issuedto implement this section shall be an election o!!ense punishableunder Section 4 hereo!.

Sec. 1. &rohi'ite# (cts. -The !ollo"ing shall be guilt o! anelection o!!ense=

(a) 'otebuing and voteselling. (1) An person "ho gives, o!!ers or promises mone oanthing o! value, gives or promises an o!!ice oemploment, !ranchise or grant, public or private, or ma0esor o!!ers to ma0e an e#penditure, directl or indirectl, ocause an e#penditure to be made to an personassociation, corporation, entit, or communit in order toinduce anone or the public in general to vote !or or againstan candidate or "ithhold his vote in the election, or to vote!or or against an aspirant !or the nomination or choice o! acandidate in a convention or similar selection process o! apolitical part.() An person, association, corporation, group ocommunit "ho solicits or receives, directl or indirectl, ane#penditure or promise o! an o!!ice or emploment, publicor private, !or an o! the !oregoing considerations.

(d) Coercion o! subordinates. (1) An public o!!icer, or an o!!icer o! an public or privatecorporation or association, or an head, superior, oadministrator o! an religious organi-ation, or an emploeor lando"ner "ho coerces or intimidates or compels, or inan manner in!luence, directl or indirectl, an o! hissubordinates or members or parishioners or emploees ohouse helpers, tenants, overseers, !arm helpers, tillers, olease holders to aid, campaign or vote !or or against ancandidate or an aspirant !or the nomination or selection o

candidates.() An public o!!icer or an o!!icer o! an commercialindustrial, agricultural, economic or social enterprise opublic or private corporation or association, or an headsuperior or administrator o! an religious organi-ation, or anemploer or lando"ner "ho dismisses or threatens todismiss, punishes or threatens to punish be reducing hissalar, "age or compensation, or b demotion, trans!ersuspension, separation, e#communication, eectment, ocausing him annoance in the per!ormance o! his ob or inhis membership, an subordinate member or a!!iliateparishioner, emploee or house helper, tenant, overseer!arm helper, tiller, or lease holder, !or disobeing or nocompling "ith an o! the acts ordered b the !ormer to aidcampaign or vote !or or against an candidate, or an

aspirant !or the nomination or selection o! candidates.(e) Threats, intimidation, terrorism, use o! !raudulent device oother !orms o! coercion. An person "ho, directl or indirectlthreatens, intimidates or actuall causes, in!licts or producesan violence, inur, punishment, damage, loss odisadvantage upon an person or persons or that o! theimmediate members o! his !amil, his honor or propert, ouses an !raudulent device or scheme to compel or induce theregistration or re!raining !rom registration o! an voter, or theparticipation in a campaign or re!raining or desistance !rom ancampaign, or the casting o! an vote or omission to vote, oan promise o! such registration, campaign, vote, or omissionthere!rom.


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(0) ;nla"!ul electioneering. It is unla"!ul to solicit votes orunderta0e an propaganda on the da o! registration be!orethe board o! election inspectors and on the da o! election, !oror against an candidate or an political part "ithin the pollingplace and "ith a radius o! thirt meters thereo!.(v) Prohibition against release, disbursement or e#penditure o!public !unds. An public o!!icial or emploee includingbaranga o!!icials and those o! governmento"ned orcontrolled corporations and their subsidiaries, "ho, during!ort!ive das be!ore a regular election and thirt das be!orea special election, releases, disburses or e#pends an public

!unds !or=(1) An and all 0inds o! public "or0s, e#cept the !ollo"ing=

(a) :aintenance o! e#isting andMor completed public "or0sproect= Provided, That not more than the average numbero! laborers or emploees alread emploed therein duringthe si#month period immediatel prior to the beginning o!the !ort!ive da period be!ore election da shall bepermitted to "or0 during such time= Provided, !urther, Thatno additional laborers shall be emploed !or maintenance"or0 "ithin the said period o! !ort!ive das+(b) or0 underta0en b contract through public biddingheld, or b negotiated contract a"arded, be!ore the !ort!ive da period be!ore election= Provided, That "or0 !or thepurpose o! this section underta0en under the socalledEta0aE or Epa2uiaoE sstem shall not be considered as"or0 b contract+(c) Pament !or the usual cost o! preparation !or "or0ingdra"ings, speci!ications, bills o! materials, estimates, andother procedures preparator to actual constructionincluding the purchase o! materials and e2uipment, and allincidental e#penses !or "ages o! "atchmen and otherlaborers emploed !or such "or0 in the central o!!ice and!ield storehouses be!ore the beginning o! such period=Provided, That the number o! such laborers shall not beincreased over the number hired "hen the proect orproects "ere commenced+ and(d) 8mergenc "or0 necessitated b the occurrence o! apublic calamit, but such "or0 shall be limited to therestoration o! the damaged !acilit.

5o pament shall be made "ithin !ive das be!ore the dateo! election to laborers "ho have rendered services inproects or "or0s e#cept those !alling under subparagraphs(a), (b), (c), and (d), o! this paragraph.This prohibition shall not appl to ongoing public "or0sproects commenced be!ore the campaign period or similarproects under !oreign agreements. >or purposes o! thisprovision, it shall be the dut o! the government o!!icials oragencies concerned to report to the Commission the list o!all such proects being underta0en b them.() The :inistr o! Social Services and &evelopment andan other o!!ice in other ministries o! the governmentper!orming !unctions similar to said ministr, e#cept !orsalaries o! personnel, and !or such other routine and normale#penses, and !or such other e#penses as the Commission

ma authori-e a!ter due notice and hearing. Should acalamit or disaster occur, all releases normall or usuallcoursed through the said ministries and o!!ices o! otherministries shall be turned over to, and administered anddisbursed b, the Philippine 5ational $ed Cross, subect tothe supervision o! the Commission on Audit or itsrepresentatives, and no candidate or his or her spouse ormember o! his !amil "ithin the second civil degree o! a!!initor consanguinit shall participate, directl or indirectl, in thedistribution o! an relie! or other goods to the victims o! thecalamit or disaster+ and() The :inistr o! /uman Settlements and an other o!!icein an other ministr o! the government per!orming !unctionssimilar to said ministr, e#cept !or salaries o! personnel and

!or such other necessar administrative or other e#pensesas the Commission ma authori-e a!ter due notice andhearing.

(cc)

candidate, herein respondent 8duardo $odrigue-, !or beingallegedl a !ugitive !rom ustice.It is averred that at the time private respondent !iled his certi!icateo! candidac, a criminal charge against him !or ten (1) counts oinsurance !raud or grand the!t o! personal propert "as stilpending be!ore the :unicipal Court o! Bos Angeles Fudicia&istrict, Count o! Bos Angeles, State o! Cali!ornia, ;.S.A. A"arrant issued b said court !or his arrest, it is claimed, has et tobe served on private respondent on account o! his alleged !lightJ!rom that countr.The private respondent contended, ho"ever, that under Article9 o! the $ules and $egulations Implementing the BocaGovernment Code, the term !ugitive !rom usticeJ re!ers to one"ho has been convicted b !inal udgement.
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Issue= hether or not a conviction b !inal udgement isnecessar to !all "ithin the term !ugitive !rom usticeJcontemplated b Section 4 (e) o! the Bocal Government Code./eld= 5o. The Supreme Court held that Article 9 o! theImplementing $ules, to the e#tent that it con!ines the term!ugitive !rom usticeJ to re!er onl to a person (the !ugitive) "hohas been convicted b !inal udgement,J is an ordinate and unduecircumscription o! the la".The term !ugitive !rom usticeJ includes not onl those "ho a!terconviction to avoid punishment but li0e"ise those "ho, a!terbeing charged, !lee to avoid prosecution. This de!inition trul

!inds support !rom urisprudence, and it ma be conceded ase#pressing the general and ordinar connotation o! the term.

DE LA TORRE vs COMELEC (258 SCRA 483, 1996)>acts= Petitioner $olando P. &ela Torre "as dis2uali!ied b theCommission on 8lections !rom running !or the position o! :aoro! Cavinti, Baguna in the :a 7, 1@@6 elections. The groundcited b the Cacts=

(b) The o!!icial ballot shall also contain the names o! all theo!!icer to be voted !or in the election, allo"ing opposite the

name o! each o!!ice, su!!icient space o! spaces "ithhori-ontal lines "here the voter ma "rite the name onames o! individual candidates voted !or b him.

(c) There shall not be anthing printed or "ritten on the bac0 othe ballot e#cept as provided in Section 4 o! this Act.

(d)

(e) 5ot"ithstanding the preceding provisions, the Commissionis hereb authori-ed to prescribe a di!!erent !orm o! o!!iciaballot on the same "atermar0ed securit paper to !acilitatevoting b illiterate voter onl and to use or adopt the latestechnological and electronic devices in connection there"ithas provided under Section 6(i) o! the


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The municipal treasurer shall not underta0e the preparation o!the emergenc ballots unless the political parties, candidatesand the organi-ations collectivel authori-ed b theCommission to designate "atchers have been su!!icientlnoti!ied to send their representatives and have agreed in"riting to the preparation and use o! emergenc ballots.

b.Sec. 1, 3P 771 "oar# of canvassers. -There shall be a

board o! canvassers !or each province, cit, municipalit, anddistrict o! :etropolitan :anila as !ollo"s=(a) Provincial board o! canvassers. the provincial board o!

canvassers shall be composed o! the provincial electionsupervisor or a senior la"er in the regional o!!ice o! theCommission, as chairman, the provincial !iscal, as vicechairman, and the provincial superintendent o! schools, andone representative !rom each o! the ruling part and thedominant opposition political part in the constituencconcerned entitled to be represented, as members.(b) Cit board o! canvassers. the cit board o! canvassersshall be composed o! the cit election registrar or a la"er o!the Commission, as chairman, the cit !iscal and the citsuperintendent o! schools, and one representative !rom eacho! the ruling part and the dominant opposition political partentitled to be represented, as members.(c) &istrict board o! canvassers o! :etropolitan :anila thedistrict board o! canvassers shall be composed o! a la"er o!the Commission, as chairman, and a ran0ing !iscal in thedistrict and the most senior district school supervisor in thedistrict to be appointed upon consultation "ith the :inistr o!Fustice and the :inistr o! 8ducation, Culture and Sports,respectivel, and one representative !rom each o! the rulingpart and the dominant opposition political part in theconstituenc concerned, as members.(d) :unicipal board o! canvassers. the municipal board o!canvassers shall be composed o! the election registrar or arepresentative o! the Commission, as chairman, the municipaltreasurer, and the district supervisor or in his absence anpublic school principal in the municipalit and onerepresentative !rom each o! the ruling part and the dominantopposition political part entitled to be represented, as

members.(e) 3oard o! canvassers !or ne"l created political subdivisions the Commission shall constitute a board o! canvassers andappoint the members thereo! !or the !irst election in a ne"lcreated province, cit or municipalit in case the o!!icials "hoshall act as members thereo! have not et assumed theirduties and !unctions.

*II. PreProclamation Controversiesa.

Sec. 41. Definition. -A preproclamation controvers re!ers toan 2uestion pertaining to or a!!ecting the proceedings o! theboard o! canvassers "hich ma be raised b an candidate or ban registered political part or coalition o! political parties be!ore

the board or directl "ith the Commission, or an matter raisedunder Sections , 4, 6 and in relation to thepreparation, transmission, receipt, custod and appreciation o!the election returns.

Sec. 4. $ommissions exclusive uris#iction of all pre-proclamation controversies. -The Commission shall havee#clusive urisdiction o! all preproclamation controversies. It mamotu proprio or upon "ritten petition, and a!ter due notice andhearing, order the partial or total suspension o! the proclamationo! an candidateelect or annual partiall or totall anproclamation, i! one has been made, as the evidence shall"arrant in accordance "ith the succeeding sections.

Sec. 4. 0ssues that may 'e raise# in pre-proclamationcontroversy. -The !ollo"ing shall be proper issues that ma beraised in a preproclamation controvers=

(a) Illegal composition or proceedings o! the board ocanvassers+(b) The canvassed election returns are incomplete, containmaterial de!ects, appear to be tampered "ith or !alsi!ied, ocontain discrepancies in the same returns or in other authenticcopies thereo! as mentioned in Sections , 4, 6 and o! this Code+(c) The election returns "ere prepared under duress, threats

coercion, or intimidation, or the are obviousl manu!actured onot authentic+ and(d) hen substitute or !raudulent returns in controvertedpolling places "ere canvassed, the results o! "hich materialla!!ected the standing o! the aggrieved candidate or candidates

Section 44. $onteste# composition or procee#ings of the 'oar#-hen the composition or proceedings o! the board ocanvassers are contested, the board o! canvassers shall, "ithint"ent!our hours, ma0e a ruling thereon "ith notice to thecontestant "ho, i! adversel a!!ected, ma appeal the matter tothe Commission "ithin !ive das a!ter the ruling "ith propenotice to the board o! canvassers. A!ter due notice and hearingthe Commission shall decide the case "ithin ten das !rom the!iling thereo!. &uring the pendenc o! the case, the board ocanvassers shall suspend the canvass until the Commissionorders the continuation or resumption thereo! and citing theireasons or grounds there!or.

Sec. 46. $onteste# election returns. -An candidate, politicapart or coalition o! political parties, contesting the inclusion oe#clusion in the canvass o! an election returns on an o! thegrounds authori-ed under this article or in Sections 4, 6 and o! Article *I* shall submit their verbal obections to thechairman o! the board o! canvassers at the time the 2uestionedreturns is presented !or inclusion or e#clusion, "hich obectionsshall be noted in the minutes o! the canvassing.The board o! canvassers upon receipt o! an such obectionsshall automaticall de!er the canvass o! the contested returns

and shall proceed to canvass the rest o! the returns "hich are nocontested b an part.

ithin t"ent!our hours !rom and a!ter the presentation o! averbal obection, the same shall be submitted in "ritten !orm tothe board o! canvassers. Therea!ter, the board o! canvassersshall ta0e up each contested return, consider the "rittenobections thereto and summaril rule thereon. Said ruling shalbe made oral initiall and then reduced to "riting b the board"ithin t"ent!our hours !rom the time the oral ruling is made.

An part adversel a!!ected b an oral ruling on itsMhis obectionshall immediatel state orall "hether itMhe intends to appeal saidruling. The said intent to appeal shall be stated in the minutes othe canvassing. I! a part mani!ests its intent to appeal, the board

o! canvassers shall set aside the return and proceed to rule onthe other contested returns. hen all the contested returns havebeen ruled upon b it, the board o! canvassers shall suspend thecanvass and shall ma0e an appropriate report to theCommission, cop !urnished the parties.

The board o! canvassers shall not proclaim an candidate as"inner unless authori-ed b the Commission a!ter the latter hasruled on the obections brought to it on appeal b the losing partand an proclamation made in violation hereo! shall be void abinitio, unless the contested returns "ill not adversel a!!ect theresults o! the election.


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Sec. 4. ,ummary procee#ings 'efore the $ommission. -Allpreproclamation controversies shall be heard summaril b theCommission a!ter due notice and hearing, and its decisions shallbe e#ecutor a!ter the lapse o! !ive das !rom receipt b thelosing part o! the decision o! the Commission, unless restrainedb the Supreme Court.

Sec. 49. &artial proclamation. -5ot"ithstanding the pendenco! an preproclamation controvers, the Commission ma, motuproprio or upon the !iling o! a veri!ied petition and a!ter due noticeand hearing, order the proclamation o! other "inning candidates

"hose election "ill not be a!!ected b the outcome o! thecontrovers.

Sec. 47. !ffect of filing petition to annual or to suspen# theproclamation. -The !iling "ith the Commission o! a petition toannual or to suspend the proclamation o! an candidate shallsuspend the running o! the period "ithin "hich to !ile an electionprotest or 2uo "arranto proceedings.

b. Sec. 16, $A 91. &re-proclamation $ases Not (lloe#

in !lections for &resi#ent 1ice-&resi#ent* ,enator* an#2em'er of the 3ouse of Representatives. >or purposes o!the elections !or President, 'icePresident, Senator and:ember o! the /ouse o! $epresentatives, no preproclamation

cases shall be allo"ed on matters relating to the preparation,transmission, receipt, custod and appreciation o! the electionreturns or the certi!icates o! canvass, as the case ma be./o"ever, this does not preclude the authorit o! theappropriate canvassing bod motu propioor upon "rittencomplaint o! an interested person to correct mani!est errors inthe certi!icate o! canvass or election returns be!ore it.

uestions a!!ecting the composition or proceedings o! theboard o! canvassers ma be initiated in the board or directl"ith the Commission in accordance "ith Section 1@ hereo!.

An obection on the election returns be!ore the cit ormunicipal board o! canvassers, or on the municipal certi!icateso! canvass be!ore the provincial board o! canvassers or district

boards o! canvassers in :etro :anila Area, shall bespeci!icall noticed in the minutes o! their respectiveproceedings.

*III. 8lection Contests

Sec. 4@. 4uris#iction of the $ommission. -The Commissionshall be the sole udge o! all contests relating to the elections,returns, and 2uali!ications o! all :embers o! the 3atasangPambansa, elective regional, provincial and cit o!!icials.

Sec. 6. !lection contests for "atasang &am'ansa* regional*provincial an# city offices. -A s"orn petition contesting theelection o! an :ember o! the 3atasang Pambansa or anregional, provincial or cit o!!icial shall be !iled "ith the

Commission b an candidate "ho has dul !iled a certi!icate o!candidac and has been voted !or the same o!!ice, "ithin tendas a!ter the proclamation o! the results o! the election.

Sec. 61. !lection contests for municipal offices. -A s"ornpetition contesting the election o! a municipal o!!icer shall be !iled"ith the proper regional trial court b an candidate "ho has dul!iled a certi!icate o! candidac and has been voted !or the sameo!!ice, "ithin ten das a!ter proclamation o! the results o! theelection.

Sec. 6. !lection contest for 'arangay offices. -A s"orn petitioncontesting the election o! a baranga o!!icer shall be !iled "ith theproper municipal or metropolitan trial court b an candidate "ho

has dul !iled a certi!icate o! candidac and has been voted !othe same o!!ice, "ithin ten das a!ter the proclamation o! theresults o! the election. The trial court shall decide the electionprotest "ithin !i!teen das a!ter the !iling thereo!. The decision othe municipal or metropolitan trial court ma be appealed "ithinten das !rom receipt o! a cop thereo! b the aggrieved part tothe regional trial court "hich shall decide the case "ithin thirtdas !rom its submission, and "hose decisions shall be !inal.

Sec. 6. &etition for quo arranto. -An voter contesting theelection o! an :ember o! the 3atasang Pambansa, regional

provincial, or cit o!!icer on the ground o! ineligibilit or odisloalt to the $epublic o! the Philippines shall !ile a s"ornpetition !or 2uo "arranto "ith the Commission "ithin ten dasa!ter the proclamation o! the results o! the election.

An voter contesting the election o! an municipal or barangao!!icer on the ground o! ineligibilit or o! disloalt to the $epublico! the Philippines shall !ile a s"orn petition !or 2uo "arranto "iththe regional trial court or metropolitan or municipal trial courtrespectivel, "ithin ten das a!ter the proclamation o! the resultso! the election.

Sec. 64. &roce#ure in election contests. -The Commission shalprescribe the rules to govern the procedure and other mattersrelating to election contests pertaining to all national, regionalprovincial, and cit o!!ices not later than thirt das be!ore suchelections. Such rules shall provide a simple and ine#pensiveprocedure !or the e#peditious disposition o! election contests andshall be published in at least t"o ne"spapers o! generacirculation.

/o"ever, "ith respect to election contests involving municipaand baranga o!!ices the !ollo"ing rules o! procedure shalgovern=

(a) 5otice o! the protest contesting the election o! a candidate!or a municipal or baranga o!!ice shall be served upon thecandidate b means o! a summons at the postal addressstated in his certi!icate o! candidac e#cept "hen theprotestee, "ithout "aiting !or the summons, has made thecourt understand that he has been noti!ied o! the protest or has

!iled his ans"er hereto+(b) The protestee shall ans"er the protest "ithin !ive das a!tereceipt o! the summons, or, in case there has been nosummons !rom the date o! his appearance and in all casesbe!ore the commencement o! the hearing o! the protest ocontest. The ans"er shall deal onl "ith the election in thepolling places "hich are covered b the allegations o! thecontest+(c) Should the protestee desire to impugn the votes receivedb the protestant in other polling places, he shall !ile a counterprotest "ithin the same period !i#ed !or the ans"er serving acop thereo! upon the protestant b registered mail or bpersonal deliver or through the sheri!!+(d) The protestant shall ans"er the counterprotest "ithin !ivedas a!ter notice+

(e) ithin the period o! !ive das counted !rom the !iling o! theprotest an other candidate !or the same o!!ice ma intervenein the case as other contestants and as0 !or a!!irmative relie! inhis !avor b a petition in intervention, "hich shall be consideredas another contest, e#cept that it shall be substantiated "ithinthe same proceedings. The protestant or protestee shalans"er the protest in intervention "ithin !ive das a!ter notice+(!) I! no ans"er shall be !iled to the contest, counterprotest, orto the protest in intervention, "ithin the time limits respectivel!i#ed, a general denial shall be deemed to have been entered+(g) In election contest proceedings, the permanent registr liso! voters shall be conclusive in regard to the 2uestion as to"ho had the right to vote in said election.


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Sec. 66. 4u#icial counting of votes in election contest. - hereallegations in a protest or counterprotest so "arrant, or"henever in the opinion o! the court the interests o! ustice sore2uire, it shall immediatel order the boo0 o! voters, ballot bo#esand their 0es, ballots and other documents used in the electionbe brought be!ore it and that the ballots be e#amined and thevotes recounted.

Sec. 6.(ppeals. -Appeals !rom an decision rendered b theregional trial court under Section61 and paragraph t"o, Section 6 hereo! "ith respect to 2uo

"arranto petitions !iled in election contests a!!ecting municipalo!!icers, the aggrieved part ma appeal to the Intermediate

Appellate Court "ithin !ive das a!ter receipt o! a cop o! thedecision. 5o motion !or reconsideration shall be entertained bthe court. The appeal shall be decided "ithin si#t das a!ter thecase has been submitted !or decision.

Sec. 69. Decision in the $ommission. -The Commission shalldecide all election cases brought be!ore it "ithin ninet das !romthe date o! their submission !or decision. The decision o! theCommission shall become !inal thirt das a!ter receipt o!

udgment.

Sec. 67. &referential #isposition of contests in courts. -Thecourts, in their respective cases, shall give pre!erence to electioncontests over all other cases, e#cept those o! habeas corpus,and shall "ithout dela, hear and, "ithin thirt das !rom the dateo! their submission !or decision, but in ever case "ithin si#months a!ter !iling, decide the same.

Sec. 6@.(ctual or compensatory #amages. -Actual orcompensator damages ma be granted in all election contestsor in 2uo "arranto proceedings in accordance "ith la".

Sec. . Notice of #ecisions. -The cler0 o! court and thecorresponding o!!icial in the Commission be!ore "hom anelection contest or a 2uo "arranto proceeding has been institutedor "here the appeal o! said case has been ta0en shall noti!immediatel the President o! the Philippines o! the !inal

disposition thereo!. In election contests involving provincial, cit,municipal, or baranga o!!ices, notice o! such !inal dispositionshall also be sent to the secretar o! the local sanggunianconcerned. I! the decision be that none o! the parties has beenlegall elected, said o!!icial shall certi! such decision to thePresident o! the Philippines and, in appropriate cases, to theCommission.

*I'. uo arranto

ho ma !ile= (1) the solicitor general or () a public prosecutoror () a person claiming to be entitled to the public o!!ice orposition usurped or unla"!ull held or e#ercised b another.

*'. 8lection

Sec. 1. &rohi'ite# (cts. -The !ollo"ing shall be guilt o! anelection o!!ense=

(a) 'otebuing and voteselling. (1) An person "ho gives, o!!ers or promisesmone or anthing o! value, gives or promisesan o!!ice or emploment, !ranchise or grant,public or private, or ma0es or o!!ers to ma0e ane#penditure, directl or indirectl, or cause ane#penditure to be made to an person,association, corporation, entit, or communitin order to induce anone or the public ingeneral to vote !or or against an candidate or"ithhold his vote in the election, or to vote !or

or against an aspirant !or the nomination ochoice o! a candidate in a convention or similaselection process o! a political part.() An person, association, corporation, groupor communit "ho solicits or receives, directlor indirectl, an e#penditure or promise o! ano!!ice or emploment, public or private, !or ano! the !oregoing considerations.

(b) Conspirac to bribe voters. T"o or more persons"hether candidates or not, "ho come to an agreemenconcerning the commission o! an violation o

paragraph (a) o! this section and decide to commit it.(c) agering upon result o! election. An person "hobets or "agers upon the outcome o!, or an contingencconnected "ith an election. An mone or thing o! valueor deposit o! mone or thing o! value situated an"herein the Philippines put as such bet or "ager shall be!or!eited to the government.(d) Coercion o! subordinates.

(1) An public o!!icer, or an o!!icer o! anpublic or private corporation or association, oan head, superior, or administrator o! anreligious organi-ation, or an emploer or lando"ner "ho coerces or intimidates or compelsor in an manner in!luence, directl oindirectl, an o! his subordinates or membersor parishioners or emploees or house helperstenants, overseers, !arm helpers, tillers, olease holders to aid, campaign or vote !or oagainst an candidate or an aspirant !or thenomination or selection o! candidates.() An public o!!icer or an o!!icer o! ancommercial, industrial, agricultural, economicor social enterprise or public or privatecorporation or association, or an headsuperior or administrator o! an religiousorgani-ation, or an emploer or lando"ne"ho dismisses or threatens to dismisspunishes or threatens to punish be reducinghis salar, "age or compensation, or b

demotion, trans!er, suspension, separatione#communication, eectment, or causing himannoance in the per!ormance o! his ob or inhis membership, an subordinate member oa!!iliate, parishioner, emploee or househelper, tenant, overseer, !arm helper, tiller, olease holder, !or disobeing or not compling"ith an o! the acts ordered b the !ormer toaid, campaign or vote !or or against ancandidate, or an aspirant !or the nomination oselection o! candidates.

(e) Threats, intimidation, terrorism, use o! !raudulendevice or other !orms o! coercion. An person "hodirectl or indirectl, threatens, intimidates or actuallcauses, in!licts or produces an violence, inur

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