Title
Election of Local Officials Act 1937
Law
Commonwealth Act No. 233
Decision Date
Sep 15, 1937
Commonwealth Act No. 233 establishes the guidelines for holding elections in the Philippines, including provisions on election dates, expenses, candidacy requirements, voter registration, ballot preparation, canvassing of returns, and qualifications for provincial and municipal officers.
A

Election Expenses

  • Elections expenses are paid by the municipal treasurer, charged to the government branch holding the election.
  • Simultaneous elections share expenses equally among branches.
  • For first elections in new municipalities, provinces advance necessary funds, later reimbursed by the municipality.

Reelection Limitations

  • No candidate may be reelected for provincial governor or mayor more than three consecutive terms after 1937.

Certificate of Candidacy Requirements

  • A sworn certificate of candidacy must be filed within the prescribed time.
  • Candidates can only file for one office per election; multiple filings invalidate candidacies.
  • The certificate must declare candidacy, residency, eligibility, political party, campaign expense limit (one-third of office emoluments), and post-office address.
  • Candidates with identical names must declare full paternal and maternal surnames unless previously elected.
  • Certificates cannot contain more than one nickname.
  • Candidates convicted of campaign overspending are disqualified.

Filing and Distribution of Certificates

  • Filing deadlines vary: 30 days before election for national offices; 20 days for provincial, city, and municipal offices.
  • Filing officials must acknowledge receipt and distribute certified copies to relevant election authorities and polling places.
  • Replacement candidates may be filed until noon on election day if the original candidate dies or is disqualified.
  • Appointive public officers lose their positions upon filing certificates.

Election Precinct Arrangement

  • Precincts should have no more than 400 voters and cover contiguous compact areas.
  • Municipal councils adjust precincts when voter counts exceed limits.
  • Merged municipalities must each have at least one precinct if remote distances exceed five miles.

Designation and Management of Polling Places

  • Polling places must be centrally located, large enough for voters, and secure from observation.
  • No alcohol sale or cockfighting is allowed in polling places from designation until the day after the election.
  • The municipal council may provide portable polling places where necessary.
  • Buildings owned or occupied by candidates or controlled by private entities are generally prohibited as polling places unless exceptionally remote.
  • Location changes after designation are disallowed unless ordered.
  • The Secretary of the Interior supplies ballot boxes and election materials.
  • Ballot boxes must have three keys with separate custodians and be distinctly marked for valid and spoiled ballots.
  • Official signs and government flags must be displayed at polling places.
  • The Secretary of the Interior supervises local authorities and may enlist legal officers for election integrity.

Appointment of Election Inspectors and Poll Clerks

  • Established 70 days before elections; composed of three inspectors and one poll clerk plus substitutes per precinct.
  • Appointment date published, and party representatives notified.
  • Two inspectors and the clerk belong to the party with the largest votes; the third from the next largest party.
  • Candidate or party factions seceded after 1934 are disqualified from inspector appointments.
  • Inspectors and clerks must be proposed by authorized national party representatives and are replaceable upon party request.
  • Eligibility excludes public office holders (except notaries) and convicted or accused election offenders.
  • Failure to appoint inspectors or poll clerks as required results in penalties including imprisonment and fines.

Voter Registration and the Permanent List of Voters

  • A permanent voter list was established for the 1937 elections and renewed every twelve years; all former voter lists are canceled.
  • Treasurers publish the voter list and supplements before elections.
  • Only those listed may vote.

Registration Procedures

  • Boards of election inspectors hold multiple meetings before elections for voter registration and list revision.
  • Meetings run from 7 a.m. to 7 p.m. with provisions for late registrants.
  • Voters must submit affidavits detailing identification and qualification.
  • Identification includes cedulas for males or birth/baptismal certificates for females.
  • Copies of affidavits are retained, filed with the register of deeds, and given to the voter.
  • Voters must reregister only if changing residence.

Preparation and Publication of Voter Lists

  • Inspectors prepare a revised voter list incorporating qualified applicants.
  • Lists include voter names, addresses, ballot numbers, voter signatures, and inspector signatures.
  • Lists are publicly posted weeks before an election.

Voter Qualifications and Disqualifications

  • Qualified voters are Philippine citizens aged 21 or older, residents for at least 6 months in their locality, able to read and write, and not active military.
  • Disqualifications include persons with prison sentences over 18 months (unless pardoned), violators of allegiance, insane or feeble-minded persons, and those unable to prepare ballots.

Challenges to Voter Registration

  • Registered voters, candidates, or their representatives may apply to courts to strike names from voter lists within 20 days after list preparation.
  • Applications require sworn statements, proof of service, and bonds.
  • Court decisions are made on evidence; parties may intervene.
  • Decisions must be issued by noon, two Saturdays before election day.

Official Ballots

  • Uniform white paper ballots are issued publicly at no cost.
  • Ballots are 120x240 millimeters, folded to 60x120 millimeters.
  • They include instructions prohibiting markings other than candidate names.
  • Ballots list offices with spaces for candidate names.
  • Each ballot is numbered with a detachable coupon for voter thumb marks.
  • Ballots are bound in books of 800, numbered, and tracked by relevant officials.

Ballot Preparation and Voting Process

  • Voters prepare ballots privately in booths.
  • Use of aliases or unofficial nicknames is prohibited; such votes are invalidated.
  • Ballots cannot be marked or altered unlawfully, exhibited before deposit, or copied.
  • After preparation, voters thumbprint the detachable coupon, return it to the board chairman who removes the coupon and deposits the ballot into the valid ballot box.
  • Ballots with discrepancies or unremoved coupons are marked spoiled.
  • Voter signatures and thumbprints are recorded by inspectors on voter lists.

Canvassing of Election Returns

  • Provincial boards of canvassers, comprising designated provincial officers, meet within 15 days post-election.
  • Missing or defective statements are corrected but not recounted unless discrepancies affect outcomes.
  • The board tallies votes for various offices and determines winners.
  • Results for President and Vice-President are sent to the National Assembly.

Certification and Proclamation of Election Results

  • Results are documented in duplicate, signed, sealed, and filed.
  • Certified proclamations are sent promptly to candidates and relevant authorities.

Handling of Tie Votes

  • In the event of a tie, the provincial board of canvassers conducts a public drawing to determine the winner.
  • All tied candidates are notified and may attend.
  • The outcome is recorded and certified to higher authorities and candidates.

Ineligibility and Replacement of Provincial Canvassers

  • Board members who are candidates are disqualified from canvassing duties.
  • The Secretary of the Interior may designate substitutes for absences or incapacity among members.

Qualifications and Terms of Provincial and Municipal Officers

  • Candidates must be qualified voters of the province, residents for at least one year, and at least 30 years old for provincial offices.
  • Terms are three years beginning January 1 following election.
  • Incumbents hold over until successors qualify.

Municipal Board Membership and Succession

  • Members elected citywide; top ten vote-getters declared elected.
  • Must be residents and qualified voters, at least 23 years old.
  • Suspension and removal follow rules applicable to provincial elective officers.
  • If vacancies occur, the President appoints replacements with Assembly consent.

Composition and Function of the Provincial Board

  • Consists of the provincial governor and two members elected by local officials.
  • The provincial governor presides; absence or incapacity permits designation of acting officers by the President.
  • Board resolutions and orders must be furnished to the Department of the Interior.

Penalties for Election Offenses

  • Refusal or delay in appointing election inspectors or poll clerks, failure to call meetings, or unlawful continuation in office carry imprisonment, fines, loss of suffrage, and disqualification.
  • Fraudulent registration acts and obstructive conduct by inspectors or poll clerks penalized similarly;
  • Failure to publish voter lists or give proper certificates by municipal treasurers is punishable.

Perjury and Campaign Overspending

  • False oaths or affidavits concerning election matters result in imprisonment, fines, loss of suffrage, and disqualification.
  • Candidates convicted of exceeding campaign expense limits face harsher penalties including longer disqualification.

Prescription of Election Offenses

  • Election offenses prescribe one year after commission, except when discovered during election contests, where the term commences after final judgment.
  • Actions start upon court issuing arrest orders.

Terminological and Structural Amendments

  • Certain official titles and terms in the Election Law are updated to reflect current designations (e.g., "Municipal President" to "Mayor").
  • Municipal boards of cities are included with municipal councils in references.

Repeal of Conflicting Laws

  • Specific previous acts and provisions inconsistent with these amendments are repealed.

Election Law Publication and Effectivity

  • The Department of the Interior is tasked with supervising printing of the amended Election Law for polling place use.
  • The Act took effect upon approval on September 15, 1937.
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