Title
Omnibus Election Code of the Philippines
Law
Batas Pambansa Blg. 881
Decision Date
Dec 3, 1985
The Omnibus Election Code of the Philippines is a comprehensive law that governs elections in the country, covering offenses related to voting and canvassing, prohibitions during the election period, prosecution and arrest procedures, and other important provisions, with the aim of ensuring the integrity and fairness of the electoral process.

Questions (BATAS PAMBANSA BLG. 881)

It governs all elections of public officers and, to the extent appropriate, referenda and plebiscites.

Election period starts 90 days before election day and ends 30 days thereafter.

(a) 90 days for presidential and vice-presidential; (b) 45 days for members of the Batasang Pambansa and local elections; (c) 15 days for barangay elections.

No. The campaign period does not include the day before and the day of the election.

In case of special elections under Article VIII, Section 5, Subsection (2) of the Constitution.

It is the obligation of every qualified citizen to register and to cast his vote.

When serious causes make a free, orderly, and honest election impossible (e.g., violence, terrorism, loss/destruction of election paraphernalia/records, force majeure, and analogous causes), after motu proprio or verified petition and due notice/hearing. The postponement date must be reasonably close and not later than 30 days after the cessation of the cause.

It occurs when, due to force majeure, violence, terrorism, fraud, or analogous causes, the election is not held, suspended before closing time, or suspended during preparation/transmission/custody/canvass, resulting in a failure to elect and affecting the result. COMELEC will, after verified petition and due notice/hearing, call for the holding/continuation of the election within a date reasonably close but not later than 30 days after the cause ceases.

COMELEC must call a special election to be held within 60 days after the vacancy occurs.

Upon request of the Presidential or Vice-Presidential candidate concerned or his party, for the sole purpose of verifying the actual number of votes, the Batasang Pambansa may count the votes as they appear in the copies of election returns for the Commission.

When the certificate of canvass appears incomplete, the Speaker shall require the board of canvassers concerned to transmit election returns from polling places not included in the certificate.

A proclamation may be made if missing certificates will not affect the results; but if they will affect the results, no proclamation shall be made until missing certificates are obtained using lawful authentic copies and the complete certificates of canvass are transmitted.

Ballot boxes must be stored in a safe and closed chamber secured by four padlocks, with one key held by each: the board chairman, the provincial/city treasurer, and one each by the ruling party and the accredited dominant opposition political party.

It is non-partisan. Persons filing a certificate of candidacy shall not represent or allow themselves to be represented as candidates of any political party or organization, and no organization should intervene in nomination or provide material/indirect aid for/against the candidate, subject to stated exceptions.

He must file a sworn certificate of candidacy in triplicate stating the barangay office sought, with the secretary of the sangguniang barangay (who must receive it and acknowledge). If refused or unavailable, file with the city/municipal election registrar.

Any elective or appointive municipal, city, provincial, or national official/employee or those in the civil/military service (including GOCC employees) are deemed automatically resigned upon filing of their certificate of candidacy for a barangay office.

They are decided not later than 7 days before election day by the municipal or metropolitan trial court as having exclusive original jurisdiction, with notice within 24 hours and appeal within 24 hours to the regional trial court, which finally decides not later than 2 days before election.

Regional Election Office, Provincial Election Office, and City/Municipal Election Office (headed respectively by the Regional Election Director/Assistant, Provincial Election Supervisor, and City/Municipal Registrar).

Only members of the Philippine Bar are eligible, except that if none are available for election registrar except in cities and capital towns, law/liberal arts/education/business administration graduates with appropriate civil service eligibility may be appointed.


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