QuestionsQuestions (Republic Act No. 7166)
The State’s policy is to synchronize elections so that there shall be simultaneous regular elections for national and local officials once every three (3) years.
Regular elections are on the second Monday of May 1992. Thereafter, the President and Vice President are elected on the same day every six (6) years, while Senators, elective Members of the House of Representatives, and elective provincial/city/municipal officials are elected on the same day every three (3) years (with only 12 Senators elected each cycle).
They are elected by legislative districts, with seats apportioned equitably. If equal division is not possible, remaining seats go to districts with greater population, or if equal population, with greater number of voters.
The Commission must divide the province into two (2) legislative districts as nearly as practicable according to population, ensuring compact, contiguous and adjacent territory, and apportion seats equitably between the two districts.
Their election continues to be governed by RA 6636’s Sections 2 and 3. Beginning with the regular elections in 1995, these local elective members shall be elected by district.
For May 11, 1992, elective members are elected at large in accordance with existing laws.
The Commission sitting en banc decides by majority vote of its members.
In preparing the election calendar, the Commission may exclude Maundy Thursday and Good Friday (the day before and the day of the election itself). For 1992: the election period starts 90 days before election day and ends 30 days thereafter. Campaign periods: 90 days for President/Vice President/Senators; 45 days for Members of the House and elective provincial/city/municipal officials.
Any election campaign or partisan political activity for or against any candidate outside the campaign period is prohibited and considered an election offense punishable under Sections 263 and 264 of the Omnibus Election Code.
For President/Vice President/Senators: no earlier than 165 days before election day. For House of Representatives and elective provincial/city/municipal officials: no earlier than 75 days before election day.
President/Vice President/Senators: file with the main office of the Commission in Manila. House: file with the provincial election supervisor, or for NCR legislative districts with the regional election director, or for cities outside NCR with the city election registrar. Provincial offices: provincial election supervisor. City/municipal offices: city/municipal election registrar. No certificate may be filed or accepted by mail, telegram, or facsimile.
There is registration on the fifteenth Saturday before election day for those who will reach age 18 on or before election day or those qualified but unregistered. The board must post the list of voters on the wall outside the registration room starting the first working day after registration day until election day; failure to post is an election offense punishable under Sections 263 and 264 of the Omnibus Election Code.
The Commission may annul any book of voters prepared with fraud/bribery/forgery/impersonation/intimidation/force or similar irregularity or that is statistically improbable, after due notice and hearing. No annulment order may be executed within 60 days before an election.
A candidate may spend P10.00 for President/Vice President; for other candidates, P3.00 for every voter registered in the constituency where the certificate was filed. If the candidate has no political party and no support from any political party, the candidate may be allowed to spend P5.00 per such voter.
Every candidate and treasurer of the political party must file within 30 days after election the full, true and itemized statement of contributions and expenditures. No elected public office may be entered until filing. For failure to file (except barangay elective office), it is an administrative offense with a fine of P1,000 to P30,000 in the Commission’s discretion; for a second or subsequent offense, the fine increases to P2,000 to P60,000 and the offender is subject to perpetual disqualification to hold public office.
No pre-proclamation cases are allowed on matters relating to preparation, transmission, receipt, custody, and appreciation of election returns/certificates of canvass. Exception: the authority of the appropriate canvassing body motu proprio or upon written complaint may correct manifest errors in the certificate of canvass or election returns before it.
The objecting party must orally object to the chairman when the questioned return is presented; it must be recorded in minutes and followed by written objections in prescribed forms within 24 hours, with supporting evidence. Upon objection, the board automatically defers canvassing the contested return and canvasses uncontested returns first; after rules on contested returns, it suspends canvass and allows a 48-hour period to file notice of appeal, followed by appeal within 5 days to the Commission.