Title
Act No. 1582
Date
Jan 9, 1907
The Philippine Election Law prohibits various actions such as distributing anonymous criticisms of candidates, tampering with election materials, hindering election officers, printing or distributing unauthorized ballots, obstructing or influencing voters, and disqualifying candidates for office, with corresponding punishments of imprisonment and fines.
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Law Summary

Section 1: Short Title

  • The Act is referred to as the Election Law.

Section 2: Definitions and General Provisions

  • Key Definitions:

    • "Board of Inspectors": Refers to the election inspectors and poll clerk.
    • "Provincial Board" and "Municipal Council": Include the Municipal Board of Manila for election-related duties.

  • General Provisions:

    • Municipal councils and provincial boards are responsible for conducting elections.

Section 3: Elections

  • Election Dates:

    • Delegate elections to the Philippine Assembly: July 30, 1907, and subsequently on the first Tuesday after the first Monday in November of odd-numbered years.
    • Provincial elections for governors and board members: November 5, 1907, and thereafter in odd-numbered years.
    • Municipal elections for presidents, vice-presidents, and councilors: November 5, 1907, with subsequent elections in odd-numbered years.

  • Term Duration:

    • Delegates serve until successors qualify; provincial governors and members serve until the end of their respective terms.

  • Special Provisions for Certain Townships:

    • Townships in Mindoro and Palawan may elect delegates to the Assembly.

  • Election Integrity:

    • The Governor-General may postpone elections due to public disorder or calamity.

Section 4: Vacancies and Special Elections

  • Filling Vacancies:
    • The Governor-General may appoint individuals to fill vacancies in elective offices until the next election.
    • Special elections may be called to fill vacancies, with the timing set by the Governor-General.

Section 5: The Philippine Assembly

  • Composition:

    • The Assembly consists of 81 members apportioned among provinces based on population.

  • Privileges:

    • Members are privileged from arrest during sessions and cannot hold other civil offices during their term.

Section 6: Compensation and Expenses of Delegates to the Assembly

  • Delegates receive PHP 20 per day for each session and reimbursement for travel expenses, limited to one round trip per session.

Section 7: Division into Districts, and Representation

  • Each district is entitled to elect one Delegate, with provisions for new provinces.

Section 8: Election Precincts

  • Municipal councils must establish precincts for elections, with clear boundaries and provisions for redistricting.

Section 9: Designation and Arrangement of Polling Places

  • Polling places must be centrally located and designated by municipal councils at least 60 days before elections.

Section 10: Liquors, Cockfighting and Booths in Vicinity

  • Prohibits the sale of alcohol and cockfighting within specified distances of polling places on election days.

Section 11: Notices of Special Elections

  • The Executive Secretary must notify provinces about special elections, detailing dates and offices to be filled.

Section 12: Qualifications of Officers

  • Eligibility Criteria:
    • Delegates: At least 25 years old and qualified electors.
    • Provincial governors: Must have resided in the province for at least one year.
    • Municipal officers: Must be at least 23 years old and literate.

Section 13: Qualifications of Voters

  • Eligible voters must be male, at least 23 years old, and meet residence and property qualifications.

Section 14: Disqualifications

  • Specifies categories of individuals disqualified from voting, including those who have committed certain crimes or are delinquent in tax payments.

Section 15: Inspectors of Election

  • Municipal councils must appoint inspectors of election, ensuring representation from political parties based on previous election results.

Section 16: Preservation of Order by Inspectors

  • Inspectors have authority to maintain order at polling places and may detain individuals who disrupt proceedings.

Section 17: Registry of Voters

  • Procedures for registering voters, including meetings for registry and oaths taken by applicants.

Section 18: Registry for Special Elections

  • Special elections require only one meeting for registry, utilizing previous general election lists.

Section 19: Pay of Inspectors and Expenses of Election

  • Details the compensation for inspectors and the funding for election expenses.

Section 20: Official Ballots

  • Specifies the format for official ballots and the responsibilities for their provision and distribution.

Section 21: Conduct of Elections

  • Outlines the procedures for opening polls, voting, and managing the polling place.

Section 22: Voting

  • Details the voting process, including voter identification and the handling of ballots.

Section 23: Challenge

  • Procedures for challenging a voter's eligibility and the oaths required for those challenged.

Section 24: Counting of Votes; Announcement of Results

  • Specifies the process for counting votes and reporting results, including the handling of excess or spoiled ballots.

Section 25: Canvass by Provincial Board

  • The provincial board is responsible for canvassing votes and confirming election results.

Section 26: Canvass by Municipal Council

  • Municipal councils must meet to canvass votes for local offices, with procedures similar to those of provincial boards.

Section 27: Election Contests

  • Establishes the authority of the Assembly and courts in resolving election contests.

Section 28: Corrupt Practices

  • Prohibits corrupt practices related to election campaigning and establishes penalties.

Section 29: Penalties upon Officers

  • Defines penalties for election officials who engage in fraud or misconduct.

Section 30: General Penalties

  • Outlines penalties for various electoral offenses, including illegal voting and election interference.

Section 31: Jurisdiction of Courts

  • Courts of First Instance have jurisdiction over criminal actions arising from this Act.

Section 32: Repealing Section

  • Repeals conflicting acts and provisions, maintaining existing laws where not explicitly repealed.

Section 33: Effectivity

  • The Act takes effect on January 15, 1907, with specific provisions for certain provinces.

Key Takeaways

  • Act No. 1582 formalizes the electoral process in the Philippine Islands, establishing clear guidelines for the conduct of elections and the responsibilities of election officials.
  • It sets forth qualifications for voters and candidates, along with mechanisms for filling vacancies and handling disputes.
  • The law emphasizes the importance of maintaining election integrity and outlines penalties for corrupt practices and election misconduct.

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