Law Summary
Election Periods and Obligations
- Campaign period limited to 45 days before election, excluding day before and day of election.
- Campaign for interim Batasang Pambansa starts February 17, 1978 with exceptions.
- Every qualified citizen must register and vote to exercise suffrage.
Postponements and Special Elections
- Commission on Elections (COMELEC) can postpone elections due to violence, terrorism, force majeure, or fraud.
- Failure/suspension of elections leads to rescheduling by COMELEC.
- Special elections for vacancies authorized by COMELEC proclamation.
- Vacancies in interim Batasang Pambansa to be filled by presidential nomination with majority vote.
Access to Election Information
- Copies of the 1978 Election Code available at every voting center.
- Official election communications sent free of postage and prioritized by postal and telecom authorities.
Composition and Apportionment of the Interim Batasang Pambansa
- Members include the incumbent President, regionally elected representatives, sectoral representatives, and presidential appointees from the Cabinet.
- 160 regional representatives apportioned among 13 regions based on population.
- Minimum representatives per region equal to existing legislative districts.
- Sectoral representation includes youth, agricultural labor, and industrial labor sectors.
- Youth sector allotted two additional representatives.
Election of Regional and Sectoral Representatives
- Regional representatives elected at large by registered voters of respective regions.
- Sectoral representatives elected through Sectoral Electoral Councils formed by delegates from provinces and accredited national sector organizations.
Qualifications and Candidacy
- Regional representatives: natural-born citizens, registered voters, literate, at least 25 years old on election day.
- Sectoral representatives: at least 18 years old; youth sector not exceeding 25 years.
- Candidates must file a sworn certificate of candidacy with specific contents.
- Prohibition on multiple candidacies and duplicate names regulated.
- Disloyalty convictions lead to disqualification.
- Appointive public officials cease office upon candidacy filing, except Cabinet members who serve at President's pleasure.
- Certain elected officials automatically on forced leave upon filing candidacy.
Watchers and Observers
- Political parties entitled to watchers; civic and similar organizations authorized by COMELEC may also appoint watchers.
- Watchers must be qualified voters with no criminal convictions, and not closely related to election personnel.
- Watchers can observe all proceedings, file protests, and inspect ballots and election returns without interference.
Campaign and Election Propaganda
- Defined activities and lawful forms of election campaign.
- Campaign period limits; unlawful to campaign outside these periods.
- Foreign involvement in campaigns strictly prohibited.
- Regulated use of media and printed materials including "paid for by" disclosures.
- Prohibited election propaganda includes billboards, gadgets, unauthorized audio-visual ads.
- Removal or defacement of lawful propaganda criminalized.
- COMELEC provides free campaign spaces and airtime equally allocated among candidates.
- Restrictions on providing transportation, food, drinks during elections.
Safeguards Against Corrupt Practices
- Definitions of contributions and expenditures clarified.
- Limitations on candidate and political party spending.
- Authorized uses of campaign funds enumerated.
- Accounting and detailed reporting requirements with preservation of records.
- Limits and prohibitions on contributions from corporations, utilities, government contractors, foreigners, and officials.
- Prohibition on illegal fund-raising activities.
- Mandatory contributor reporting and vendor disclosures.
Voter Registration
- Permanent lists of voters maintained and updated for every voting center.
- Registration is mandatory to vote; detailed qualifications and disqualifications set.
- Procedures for filing, approving, challenging, and cancelling registrations.
- Special provisions for voters changing residence.
- Preservation, transmission, and public inspection of voter registration records.
- Judicial remedies for disputed registrations, including inclusion and exclusion petitions with expedited processes.
Voting Centers
- Voting centers to have approximately 300 voters each.• Creation and adjustment rules for voting centers.
- Criteria for suitable voting center locations and prohibited venues outlined.
- Physical arrangements including guard rails, booths, ballot boxes with multiple locks and compartments.
- Pre-election inspections enforced by COMELEC.
Citizens Election Committee
- Composed exclusively of public school teachers appointed by COMELEC.
- Members include chairman, poll clerk, third member, and ex-officio aide.
- Qualifications, prohibitions on political activity and conflict of interest, and duties defined.
- Authority to maintain order and conduct voting and counting.
- Members have voting privileges and receive compensation.
Official Ballots
- Standard uniform ballots issued, including features ensuring secrecy and instructions.
- Printed and supervised by COMELEC with security measures in place.
- Provision for emergency and sample ballots.
- Ballot distribution controls and inventory recording mandated.
Casting of Votes
- Voting hours from 7:00 AM to 5:00 PM with provisions for voters in line.
- Procedures for voter identification, ballot issuance, preparation, folding, marking, and returning.
- Rules for assisting illiterate/disabled voters.
- Handling of spoiled ballots.
- Strict secrecy and integrity requirements.
- Challenge rights and resolution during voting.
- Prohibition on premature poll announcements by election personnel.
Counting of Votes
- Public and continuous counting after voting completion.
- Procedures for handling excess, marked, and spoiled ballots.
- Detailed and clear reading of ballots with rules for adjudication of ambiguous votes.
- Election returns prepared and signed by committee members.
- Public proclamation of results at voting centers.
- Handling, delivery, preservation and disposition of ballot boxes and related documents.
Board of Canvassers
- Regional Board composed of COMELEC Regional Director and other regional officials.
- Exclusive canvassing of election returns, continuous sessions until completion.
- Handling of missing, tampered, or defective returns with COMELEC oversight.
- Resolution of ties by drawing lots.
- Watchers authorized to observe canvassing.
Election Offenses
- Enumerated offenses including vote-buying, coercion, terrorism, unauthorized appointments, misuse of government resources, carrying weapons, campaign violations, falsification, and obstruction.
- Liability extends to principals, accomplices, accessories, and involved entities.
- Penalties include imprisonment, disqualification, fine, and deportation for foreigners.
Prosecution and Jurisdiction
- COMELEC empowered to conduct investigation and prosecution of election offenses.
- Court of First Instance has original jurisdiction for most election cases.
- Special jurisdiction rules for municipal and barangay officers.
- Prescription period for offenses is three years.
Powers of the Commission on Elections
- Exclusive charge of enforcement and administration of election laws.
- Authority to supervise government officials and employees related to elections.
- Rulemaking, decision enforcement, personnel assignments, and resource procurement.
- Investigative and subpoena powers.
- Campaigns for public education and technological adoption.
- Authority to cancel candidacies for violations.
Election Contests
- COMELEC is sole judge of election contests for interim Batasang Pambansa and higher officials.
- Filing deadlines and procedures standardized.
- Expedited, simple, and inexpensive resolution required.
- Decisions final and executory with some appeals allowed.
- Moral and exemplary damages provided under just causes.
Miscellaneous Provisions
- Continuation and registration rules for political parties.
- Enables amendment of organizational documents by registered parties.
- Nonimpairment clause preserving presidential constitutional powers.
- Separability clause for invalid provisions.
- Repeals prior election laws inconsistent with this Code.
- Immediate effectivity upon promulgation.