The 1978 Election Code

Legal basis and constitutional and policy context

The decree is promulgated “by virtue of the powers… tested by the Constitution.”
The recitals reference 1976 Amendments to the Constitution, stating these abolished the interim National Assembly and created the interim Batasang Pambansa.
The recitals state that elective local officials whose terms expired on December 31, 1975 were allowed to continue “subject to the pleasure of the President.”
The recitals identify a need to promulgate a new election code to govern elections under the 1973 Constitution and its amendments, codify election laws, repeal obsolete ones, and ensure elections are “free, orderly and honest” in consonance with the “New Society.”
Section 4 of the Code fixes election-related periods by reference to Section 6, Article XII (C) of the Constitution.

Policy intent and stated purpose

The decree’s recitals declare an intent to establish a comprehensive election code for governing elections and ensuring free, orderly and honest elections.
The decree’s recitals state the code is intended to codify election laws on the matter and repeal obsolete ones.
The decree’s recitals link the legal design to the theory and practice of the New Society.
The operative rules repeatedly implement this intent through detailed election timelines, voter registration obligations, and campaign/election propaganda safeguards.

Coverage: election targets and governed processes

Under Section 2, the Code governs the election of the members of the interim Batasang Pambansa.
Under Section 2, it also governs, “to the extent appropriate,” elections for local officials, and referenda and plebiscites.
Under Section 3, the election for regional representatives in the interim Batasang Pambansa shall be held on April 7, 1978.
Under Section 4, the election period is fixed by the Commission on Elections in accordance with Section 6, Article XII (C) of the Constitution, while campaign length is strictly limited by the Code’s rules.
The excerpt does not state other broad exclusions (e.g., areas, types of elections, or actors) beyond the election rules contained within later provisions.

Election timing, postponement, and special elections

The election period is fixed by the Commission on Elections in accordance with Section 6, Article XII (C) of the Constitution (Section 4).
The campaign period cannot be more than forty-five days immediately preceding the election, excluding the day before and the day of the election (Section 4).
For the election of representatives to the interim Batasang Pambansa, the campaign period commences on February 17, 1978 (Section 4).
No election campaign or partisan political activity may be conducted on March 23 and 24, 1978 (Section 4).
If holding a free, orderly and honest election becomes impossible in a voting center or political subdivision due to violence, terrorism, loss or destruction of election paraphernalia or records, force majeure, and other analogous causes, the Commission may postpone the election upon a verified petition and after due notice and hearing (Section 6).
If a voting center’s election is not held on the date fixed or is suspended before the legal closing hour, and failure/suspension would affect the result due to force majeure, violence, terrorism, or fraud, the Commission may call for the holding or continuation of the election on a date reasonably close to the original election date upon a verified petition and after due notice and hearing (Section 7).
Special elections are called by the Commission by proclamation on a date fixed by it, specifying the offices and whether for filling a vacancy or a newly created elective position (Section 8).
The Commission must send copies of proclamations to the concerned provincial election supervisor or city election registrar for local publication by posting in at least three conspicuous places and one copy in every voting center (Section 8).
For vacancy pending an election to fill a vacancy in the interim Batasang Pambansa, the vacancy is filled by majority vote of Members of the interim Batasang Pambansa on nomination of the President (Section 8).
The Code requires a printed copy of the Code in English or in the national language, whenever possible, to be made available in every voting center for consultation (Section 9).

Voters, registration obligation, official election mail

Under Section 5, it is the obligation of every citizen qualified to vote to register and cast his vote.
Only voters duly registered are entitled to vote (Section 5).
Under Section 10, election-related papers required by this Code sent by public officers are free of postage and sent as registered special delivery mail; telegrams of the same nature are also free of charge.
Under Section 10, it is the duty of the Postmaster General and the Director of the Bureau of Telecommunications to transmit immediately and in preference to all other communications messages reporting election results and any other messages required by the Commission to ensure free, honest and orderly elections.
The excerpt continues into voter registration mechanics in later Articles (see Article IX provisions below).

Composition and apportionment of interim Batasang Pambansa

The interim Batasang Pambansa includes the incumbent President, regional representatives elected from regions, sectoral representatives (not less than eighteen years of age elected by their sectors), and those chosen by the incumbent President from the members of the Cabinet (Section 11).
Under Section 12, there are 160 regional representatives apportioned among thirteen regions in accordance with the number of inhabitants and a uniform and progressive ratio.
Section 12 specifies the number of regional representatives per region (verbatim counts):
- Region I: 12
- Region II: 7
- Region III: 16
- Region IV: 19
- Region IV-A: 20
- Region V: 12
- Region VI: 16
- Region VII: 13
- Region VIII: 10
- Region IX: 8
- Region X: 9
- Region XI: 10
- Region XII: 8
Section 12 contains two key apportionment limitations:
- The apportionment is not a precedent for reapportionment of representative districts for the regular National Assembly under Section 2, Article VIII and Section 6, Article XVII of the Constitution.
- The number of regional representatives for any region shall not be less than the number of representative districts in that region existing at the time of the ratification of the Constitution.
Section 12 also adds two additional seats for regional representatives to Region IV due to inhabitants such as students not taken into account in the 1975 census.
Under Section 13, there are three sectors to be represented: (1) youth; (2) agricultural labor; (3) industrial labor.
Under Section 13, each sector is entitled to four sectoral representatives, with allocation two from Luzon, one from Visayas, and one from Mindanao, and the youth sector is entitled to two additional sectoral representatives elected from any region.

Regional and sectoral elections and delegates

Under Section 14, each region is entitled to the number of regional representatives allotted to it in Section 12.
Under Section 14, candidates for regional representatives are voted upon at large by registered voters of their regions; candidates with the highest number of votes are declared elected.
Under Section 15, the three sectors are treated as national aggrupations and elect their national representatives to the interim Batasang-Pambansa through their own Electoral Councils.
Under Section 16, after the election fixed in the Code (and not later than twenty days), sectoral Kagawads in the Sangguniang Bayan/Panlungsod meet at the provincial capital and, under supervision of the Commission or its authorized representatives, choose one delegate of their sector to their respective Electoral Councils.
Under Section 16, the sectoral Kagawads’ separate meetings require majority of all the Kagawads of each sector to constitute a quorum, and the Kagawad with the highest number of votes becomes the provincial delegate.
Metro Manila special sector delegate rules in Section 16:
- For agricultural and industrial labor sectors: in every barangay (if any), members are chosen upon call of the barangay captain and under Commission supervision; chosen Kagawads then meet on a date and place designated by the Commission to choose ten delegates each to their respective Electoral Councils.
- For the youth sector: Presidents of the Kabataang Barangay in the four cities and thirteen municipalities elect ten delegates for the youth sector to their Electoral Council.
Under Section 16, within Commission timelines (not later than twenty days after the date of the election fixed herein), existing national aggrupations of industrial labor and agricultural labor accredited by the Department of Labor and the Department of Agriculture and Department of Agrarian Reform, respectively, shall elect ten delegates for their sectors, under Commission supervision.
Under Section 17, upon call of the Commission, sector delegates convene in Manila to elect representatives from among those who filed certificates of candidacy:
- For each sector: elect two representatives from Luzon, one from Visayas, one from Mindanao.
- Youth delegates also elect the two additional representatives required under Section 13, Article II.
- The Commission supervises the election and proclaims results.

Eligibility, candidacy filings, and certification rules

Under Section 18, no person may be a member of the interim Batasang Pambansa unless he is a natural-born citizen of the Philippines, a registered voter, able to read and write, and at least twenty-five years of age for a regional representative or eighteen years of age for a sectoral representative.
Under Section 18, for the youth sectoral representative, the person shall not be more than twenty-five years of age.
Under Section 19, no person may be elected regional or sectoral representative unless he files a sworn certificate of candidacy within the period fixed by the Code/Commission rules stated in the filing section.
Under Section 19, a candidate may not be eligible for more than one office filled in the same election; if he files certificates for more than one office, he becomes not eligible for any.
Under Section 19, before the expiration of the filing period, a candidate who filed several certificates may declare under oath the office he desires and cancel the other certificate(s).
Under Section 19, filing a certificate does not affect civil, criminal, or administrative liabilities incurred.
Under Section 20, the certificate of candidacy must state (among other items) announcement of candidacy, eligibility, the region or sector sought, political party/group/aggrupation details if filed as nominee, civil status and spouse full name if married, date of birth, residence, post office address for election purposes, profession/occupation, commitment to support and defend the Constitution and maintain true faith and allegiance, obedience to laws/orders/decrees, assumption of the oath voluntarily without reservation, and that facts are true to the best of knowledge.
Under Section 20, a candidate may use:
- The name by which he has been baptized, or the name registered with the local civil registrar, or any other name allowed under existing law.
- One nickname or stage name by which he is generally or popularly known in the locality.
- A certificate not in accordance with this provision shall not be accepted.
Under Section 21, the filer must submit two copies of the latest photograph (passport size) and a statement in duplicate containing biodata and a program of government not exceeding one hundred words, for inclusion in the “COMELEC Bulletin.”
Under Section 22, a person found guilty by final judgment of crimes involving disloyalty to the duly constituted Government (including rebellion, sedition, violations of the anti-subversion and firearms laws, and crimes against the national security) is ineligible unless restored to full civil and political rights in accordance with law; his certificate is not given due course and votes cast for him are not counted; if conviction occurs after election, he automatically ceases in office.
Under Section 23, when two or more candidates have the same name and surname, each must state his paternal and maternal surname, except the incumbent may continue to use the name and surname stated in the certificate when elected.
Under Section 24, certificates of candidacy must be filed not later than the day before the beginning of the campaign period fixed by the Commission.
Under Section 24, certificates for representatives to the interim Batasang Pambansa must be filed not later than February 17, 1978.
Under Section 24, filing differs by category:
- Sectoral representatives: filed with the Commission.
- Regional representatives: filed with the Regional Election Director having jurisdiction over the region.
Under Section 24, the Regional Election Director must immediately send the original of all received certificates to the Commission; the Commission sends copies or a certified list to provincial election supervisors for distribution to city and municipal election registrars, who must forward copies to voting centers immediately.
Under Section 25, the Regional Election Director has the ministerial duty to receive certificates and immediately acknowledge receipt.
Under Section 26, the Commission may refuse to give due course (either motu proprio or upon verified petition) if filed to cause voter confusion by similar names or other circumstances showing lack of bona fide intention to run, thus preventing faithful determination of electorate will.
Under Section 27, a duly filed certificate cannot be withdrawn or cancelled unless the candidate files a sworn statement of withdrawal/cancellation with the office which received it or with the Commission at any time before the day of election.
Under Section 28, for death/withdrawal/disqualification after the last filing day, any qualified voter for the office may file a certificate for the office of the deceased/withdrawn/disqualified candidate on or before mid-day of the day of the election, and if the event occurs between the day before the election and election day mid-day, the certificate may be filed with any election committee in the relevant political subdivision.
Under Section 28, when the deceased/withdrawn/disqualified candidate was the official candidate of a political party/group/aggrupation, only a person belonging to and certified by the same political party/group/aggrupation may file for the same office.
Under Section 29, persons holding public appointive office/position (including active members of the Armed Forces of the Philippines and officers/employees in government-owned or controlled corporations) shall ipso facto cease in office or position on the date they file the certificate of candidacy.
Under Section 29, Cabinet members continue in their offices notwithstanding filing, subject to the pleasure of the President of the Philippines.
Under Section 30, governors, mayors, sanggunians members, and barangay officials are placed on forced leave of absence upon filing of the certificate of candidacy.

Watchers rights and restrictions

Under Section 31, each registered political party/group/aggrupation is entitled to not more than three watchers in every voting center; independent candidates are entitled to one watcher each.
Under Section 31, watcher appointment requirements include being a qualified voter of the city/municipality, of good reputation, not convicted of any election offense or other crime, able to read and write Filipino English or the local dialect, and not related within the fourth civil degree of affinity or consanguinity to the chairman or any member of the citizens election committee of the voting center.
Under Section 31, each candidate designates in every province/city/municipality/municipal district a representative authorized to appoint watchers and furnishes the Regional Election Director a copy of the list for the entire region.
Under Section 32, the Commission may authorize civic, religious, business, youth, and similar organizations to appoint collectively one watcher in every voting center, with the same powers as provided for watchers under the Code.
Under Section 33, once inside the voting center the watcher must present and deliver the appointment to the chairman of the citizens election committee; the watcher’s name is recorded in the minutes.
Under Section 33, watchers have rights to stay in reserved space, witness and take notes of citizens election committee proceedings, file protests against irregularities, obtain a certificate on protest filing/resolution, read ballots after read by the chairman and read election returns after completed and signed (without touching them), and they may not speak to any member of the committee.

Campaign rules, propaganda forms, and media controls

Under Section 34, “candidate” means any person seeking an elective public office regardless of whether a certificate of candidacy has been filed or nomination occurred.
Under Section 34, “election campaign” / “partisan political activity” includes acts designed to elect or oppose or promote candidacy, including forming solicitation/campaign groups, political caucuses/conferences/meetings/rallies/parades, speeches/commentaries/interviews, printing/importing/publishing/distributing campaign literature, soliciting votes/pledges/support, and giving/soliciting/receiving contributions for election campaign purposes.
Under Section 34, simple expressions of opinions and thoughts about the election are not considered election campaign; however, the Code explicitly allows public officers and employees in the civil service (including those in government-owned or controlled corporations) to express views on current political problems or issues and mention candidates they support.
Under Section 35, it is unlawful to engage in election campaign/partisan political activity except during the campaign period or in special cases during the period fixed by the Commission.
Under Section 35, political parties/groups/aggrupations may hold conventions/primaries/meetings to nominate official candidates within a reasonable period fixed by the Commission before the start of the campaign period.
Under Section 36, it is unlawful for a foreigner (juridical or natural person) to aid any candidate/party directly or indirectly, to take part in or influence elections, or to contribute or make expenditures for election campaign/partisan political activity.
Under Section 37, lawful election propaganda includes specified materials and sizes/limits:
- Written/printed materials not more than eight and one-half inches by fourteen inches.
- Handwritten/printed letters urging voters to vote for or against candidates.
- Cloth/paper/cardboard posters with area not exceeding two feet by three feet; framed/posted; streamers at public meetings/rallies not exceeding three feet by eight feet subject to timing and removal limits: streamers may not be displayed except one week before the meeting/rally and must be removed within seventy-two hours after.
- Other forms not prohibited as the Commission may authorize, with Commission authorization published in two newspapers of general circulation at least twice within one week after authorization granted.
Under Section 38, published/printed election propaganda must bear “paid for by” followed by true and correct name and address of the payor and “printed by” followed by true and correct name and address of the printer.
Under Section 39, it is unlawful to erect/use/display billboards/tinplate-posters/balloons and like advertising of any size/shape for/against candidates; purchase/manufacture/request/distribute electoral propaganda gadgets such as pens, lighters, fans, flashlights, athletic goods/materials, wallets, matches, cigarettes and the like; publicly advertise via cinematography/audio-visual units/screen projections except telecasts as allowed; and for radio/TV stations to sell or give free air time for campaign/other political purposes except as authorized by the Code under Commission rules.
Under Section 39, prohibited gadgets/advertisements must be stopped, confiscated or torn down by Commission representative upon specific authority of the Commission.
Under Section 40, during the campaign period, unlawful to remove/destroy/obliterate/deface/tamper with or prevent distribution of lawful election propaganda authorized under Section 37.
Under Section 41, the Commission must regulate media to ensure:
- Equal duration/quality among candidates for the same office and parties/groups/aggrupations at equal rates or free of charge;
- Rates are reasonable and not higher than non-political air time;
- Effective enforcement of limits on candidate expenditures and private contributions and certain classes of corporations/entities/institutions;
- Stations must not schedule programs or permit sponsors to favor/oppose candidates/parties through unduly or repeatedly referring to or including them, while still allowing broadcast of significant or newsworthy events and views on matters of public interest.
Under Section 41, contracts for advertising in newspapers/magazines/periodicals must be registered with the Commission before implementation and must be signed by the concerned candidate or duly authorized representative of the party/group/aggrupation.
Under Section 41, no franchise or permit to operate a radio or television station shall be granted or issued during the election period; the Commission supervises use/employment of press/radio/TV facilities to provide candidates equal opportunities within Code spending limits.
Under Section 42, any candidate must notify the election registrar of any public rally he intends to organize and, within two days thereafter, submit a statement of expenses incurred for it.
Under Section 43, subject to existing laws, candidates may hold peaceful rallies/meetings/house-to-house campaign/other similar political activities individually or jointly during the campaign period.
Under Section 44, it is unlawful to give or accept free transportation/food/drinks or things of value during a public meeting in favor/against candidates and during the three hours before and after such meeting, on the day preceding the election and on the day of the election; it is also unlawful to give or contribute money or things of value for such purpose.
Under Section 45, the Commission shall procure “COMELEC Space” in newspapers/magazines/periodicals (when practicable) for equal and impartial free allocation among all candidates within the circulation area.
Under Section 46, the Commission shall procure “COMELEC Time” for equal and impartial allocation among candidates within radio/TV coverage areas; franchise obligations are amended to require stations to furnish the Commission radio/TV time free of charge at least once but not oftener than every other day during the campaign period.
Under Section 47, the Commission may cause printing and supervise dissemination of “COMELEC Bulletin” containing picture/biodata/program of government of every candidate; dissemination or display must give due prominence; candidates may reprint at their own expense only upon prior Commission authority, requiring exact replica and bearing reprinting candidate and printer names.
Under Section 48, barangays and sanggunians must encourage free, full, constructive discussions and exchanges of views and may extend assistance without discrimination (including distribution of propaganda materials).
Under Section 48, a duly registered voter supporter/candidate in the constituency seeking election may not be questioned for speeches/remarks/statements in discussions/debates or public rallies/debates/communications/radio/TV intended to enlighten electorate on qualifications/competence/programs/platforms; remarks are not admissible as evidence in investigations/suits except for libel, defamation, slander, or offense involving disloyalty to the duly constituted Government.
Under Section 48, printing and dissemination of pamphlets/posters/handbills to enlighten electorate is allowed without restriction, but printed material must indicate the real name and correct address of the author and the name and address of the printer.
Under Section 48, the Commission, upon petition and after due notice and hearing, must take necessary measures to prevent dissemination/circulation of propaganda materials that are clearly irrelevant to issues or patently libelous or tend to undermine citizens’ allegiance/obedience to duly constituted authorities; such unlawful propaganda is inadmissible as evidence except for libel/defamation/slander or disloyalty offense.

Election spending limits and allowed purposes

Under Section 49, definitions apply:
- “Contribution” includes gifts/donations/subscriptions/loans/advances/deposits of money or anything of value, and contracts/promises/agreements to contribute, made for influencing election results, but excludes services rendered without compensation by individuals volunteering time; it also includes use of facilities voluntarily donated, assessed based on prevailing area rates.
- “Expenditure” includes payment/delivery of money or anything of value, and contracts/promises/agreements to make expenditures, made for influencing election results, and includes use of personally owned facilities assessed based on prevailing area rates.
- “Person” includes an individual, partnership, committee, association, corporation, and any other organization/group.
Under Section 50, the Commission is authorized to fix appropriate periods for various prohibited acts enumerated in the Code consistent with free, orderly, and honest elections.
Under Section 51, no candidate may spend more than the salary or equivalent of the total emoluments for one year attached to the office sought.
Under Section 51, covered expenses include those incurred by the candidate, contributors, and supporters, whether in cash or in kind, including use/rental/hire of land, water or aircraft, equipment, facilities, apparatus, and paraphernalia used in the campaign.
Under Section 51, if campaign equipment/facilities are owned by the candidate/contributor/supporter, the Commission may assess the amount commensurate with expenses for their use based on prevailing locality rates and includes this assessed amount in total expenses.
Under Section 51, for candidates for the interim Batasang Pambansa, they shall not spend more than sixty thousand pesos (PHP 60,000) for their election campaign.
Under Section 52, political parties/groups/aggrupations may not spend for the election of candidates in constituencies where they have official candidates an aggregate amount more than the equivalent of fifty centavos for every voter currently registered therein.
Under Section 52, expenses of a party/group/aggrupation not duly registered with the Commission and/or not presenting/supporting a complete list of candidates are considered expenses of its candidates and subject to the limitation under Section 51.
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