Question & AnswerQ&A (Republic Act No. 6646)
The official title is "The Electoral Reforms Law of 1987."
The first local elections under the new Constitution and all subsequent elections and plebiscites shall be governed by RA 6646, Batas Pambansa Blg. 881 (Omnibus Election Code), and other election laws not inconsistent with RA 6646.
No, registered voters of a highly urbanized city shall not vote in the election for provincial officials of the province in which it is located.
Certificates of candidacy shall be filed in twelve legible signed copies with the offices mentioned in Section 75 of Batas Pambansa Blg. 881.
A verified petition to declare a candidate a nuisance shall be filed within five days from the last day of filing certificates of candidacy. The Commission on Elections issues summons, the respondent has three days to file a verified answer, and the process is summary. The Commission must decide within five days after receiving findings. The decision is final after five days unless stayed by the Supreme Court.
Votes cast for candidates declared disqualified by final judgment shall not be counted, and such candidates shall not be voted for.
Registered political parties or coalitions that obtained at least 10% of the total votes cast in the preceding senatorial election are entitled to have watchers during printing, watermarking, storage, and distribution of election materials.
It is unlawful to display election propaganda in any place except in common poster areas, candidate's residence, or campaign headquarters, with specific size limits. Also, mass media cannot sell or give free print space or airtime for political purposes except to the Commission. Mass media personalities who are candidates must take leave during campaign.
Every registered political party and candidate is entitled to one watcher per polling place. Two principal watchers, representing ruling and dominant opposition coalitions, may observe proceedings and affix signatures on election returns. Only one watcher per authorized party may stay inside the polling place at a time.
The board of election inspectors is composed of a chairman and two members, preferably public school teachers with permanent appointments. In absence, other teachers, civil service employees, or citizens of known probity and competence who are registered voters may be appointed.
The chairman and members receive a per diem of ₱100 on each registration or revision day and ₱200 on election day.
Offenses include unauthorized printing of ballots/returns, tampering with votes by board members, refusal to issue certificate of votes, violations of propaganda rules, failure of board chairman to give meeting notices, and continued misrepresentation by nuisance or disqualified candidates.
Complaints with affidavits about vote-buying are sufficient for immediate investigation. Evidence affecting 20% of precincts supports a presumption of conspiracy involving candidates and campaign managers. Givers and receivers are liable as principals, but those who testify voluntarily may be exempt from prosecution except for perjury.
Provincial boards: provincial election supervisor or regional Commission lawyer (chairman), provincial fiscal (vice-chairman), and provincial superintendent of schools (member). City boards: city election registrar or Commission lawyer (chairman), city fiscal (vice-chairman), and city superintendent of schools (member). Municipal boards: election registrar or Commission representative (chairman), municipal treasurer (vice-chairman), and senior district school supervisor or principal (member).
Transfer requires unanimous approval by the board of inspectors and concurrence by majority of watchers. The fact must be recorded, and the Commission shall issue guidelines to ensure safety of personnel and election materials.