Law Summary
Voters in Cities
- Registered voters of highly urbanized cities do not vote for provincial officials of the province where the city is located.
- No component city may be classified as highly urbanized within 60 days before a local election.
- Registered voters of component cities vote for provincial officials unless their charter provides otherwise.
Certificates of Candidacy and Certified Lists of Candidates
- Certificates of candidacy shall be filed in 12 signed legible copies as per Section 75 of Batas Pambansa Blg. 881.
- Commission designates the election registrar to receive certificates in cities with multiple registrars.
- Certified lists of candidates, including nicknames/stage names and party affiliation, are to be printed and posted in voting booths and conspicuous polling places.
- Candidates' names and nicknames also printed on election returns and tally sheets.
Procedure for Nuisance Candidates
- Verified petition to declare a candidate as nuisance must be filed within 5 days after filing certificates of candidacy.
- Petition to be personally filed; mail filing disallowed.
- Summons issued within 3 days, respondent has 3 days to answer.
- Case heard summarily by Commission officials authorized as lawyers.
- Evidence submitted via position papers, affidavits allowed in lieu of oral testimonies.
- Decision by the Commission final and executory after 5 days unless stayed by the Supreme Court.
- Decision disseminated within 24 hours by fastest means.
Effect of Disqualification Case
- Candidate declared disqualified by final judgment shall not be voted for; votes for them are not counted.
- If disqualification not final before election and candidate wins, trial continues; court or Commission may suspend proclamation if evidence is strong.
Petitions to Deny Due Course or Cancel Certificate
- Procedures applicable to petitions to deny or cancel certificate of candidacy as per Section 78 of Batas Pambansa Blg. 881.
Party Representatives in Printing
- Political parties/coalitions with at least 10% votes in last senatorial election entitled to watchers/representatives during procurement and printing of election returns and official ballots.
Public Forum
- Commission encourages private non-partisan organizations to hold public fora for candidates' presentations and debates.
- Rules ensure non-partisan character and equal access.
Common Poster Areas
- Commission designates poster areas for election propaganda.
- Common billboards may be installed free of charge, equitably allocated among candidates.
Prohibited Forms of Election Propaganda
- Election propaganda only allowed in common poster areas, candidate's residence, or campaign headquarters.
- Posters limited to 2 x 3 feet; streamers up to 3 x 8 feet allowed before rallies, removed within 24 hours afterward.
- Mass media prohibited from selling or giving free campaign space/time except Commission.
- Media personalities running for office must take leave during campaign.
Official Watchers
- Every political party and candidate entitled to one watcher per polling place.
- Candidates for local councils grouped for watcher entitlement.
- Two principal watchers (one ruling coalition, one dominant opposition) serve as observers and may sign election returns.
- Only one watcher per authorized group allowed inside polling place at a time.
- Watchers have full access to election proceedings for transparency.
Board of Election Inspectors Composition
- Three members: chairman and two members (one as poll clerk), preferably permanent public school teachers.
- If insufficient teachers, private teachers, civil employees, or reputable registered voters appointed.
Per Diems for Election Personnel
- Boards of election inspectors: P100 per registration/revision day, P200 on election day.
- Support personnel: P50 on election day.
- Department of Education administrators performing election duties: P100 per day.
- Provincial, city, municipal treasurers: P200 on election day.
Ballot Signatures
- Chairman and poll clerk must sign back of every official ballot before voting.
- Certification of this act recorded in voting minutes.
Certificate of Votes
- Issued by the board of election inspectors upon request after vote count.
- Contains votes per candidate, precinct number, city/municipality/province, total voters, date/time.
- Signed and thumbmarked by board members.
Certificate of Votes as Evidence
- Certificate admissible to prove tampering or anomalies in election returns if authenticated by at least two board members.
- Absence of certificate does not bar other evidence.
Transfer of Vote Counting to Safer Place
- Allowed by unanimous board approval and majority watcher concurrence during imminent danger.
- Recorded in voting minutes with signatures.
- Commission to issue safety guidelines.
Election Returns Copies and Distribution
- Returns in sextuplicate:
- 1st: city/municipal board of canvassers.
- 2nd: election registrar to provincial board of canvassers.
- 3rd: election registrar to the Commission.
- 4th (advance returns): city/municipal treasurer for public posting.
- 5th: deposited in ballot box.
- 6th: city/municipal trial judge or authorized official for safekeeping.
- Certified copies available upon request and fee.
- Commission to ensure speedy and safe delivery/preservation.
Boards of Canvassers Composition
- Provincial Board: provincial election supervisor (chair), provincial fiscal (vice-chair), provincial superintendent of schools (member).
- City Board: city election registrar (chair), city fiscal (vice-chair), city superintendent of schools (member).
- Municipal Board: election registrar (chair), municipal treasurer (vice-chair), senior school supervisor or principal (member).
- Proceedings are open and public.
Substitution of Board Members
- Chairman substitute: ranking Commission lawyer.
- Other members: provincial/city/municipal officials in specified order.
Canvassing Committees
- Boards may form committees of three members each to expedite canvass.
- Designations and notification to candidates before election.
- Committees under direct board supervision.
Notice and Conduct of Board Meetings
- Five days' written notice required to board members, candidates, political parties.
- Subsequent meeting notices unless announced in open session.
- Proof of service to be part of the record.
- Board controls order and may summon peace officers to remove disorderly persons.
Rights During Canvass
- Political parties, coalitions, and candidates have right to be present and have counsel during canvass.
- Only one counsel may argue per party/candidate.
- Right to examine returns, file challenges per Commission rules.
- No dilatory tactics allowed.
Commission Hearings and Immunity
- No witness subpoenaed can refuse testimony or production of evidence on grounds of self-incrimination.
- Persons compelled to testify immune from prosecution based on such testimony, but not for perjury.
- Commission may grant criminal immunity to necessary witnesses.
Election Offenses
- New offenses include:
- Unauthorized printing of official ballots or returns.
- Tampering with votes, refusal to credit/deduct votes.
- Refusal to issue certificates of votes to accredited watchers.
- Violation of prohibited propaganda rules.
- Failure to notify board members and candidates of meetings.
- Nuisance candidates continuing to misrepresent themselves post-disqualification.
- Penalties apply as per Batas Pambansa Blg. 881 Sections 261, 262, 264.
Prosecution of Vote-Buying and Selling
- Complaints supported by affidavits suffice for Commission investigation.
- Proof of vote-buying in at least 20% of precincts creates presumption of conspiracy involving candidates and campaign managers.
- All participants in vote-buying/selling liable as principals.
- Voluntary informants/testifiers exempt from prosecution except for perjury.
Designation of Alternative Dates for Pre-election Acts
- Commission may fix alternative dates if prescribed periods are impracticable, ensuring the right to vote is preserved.
Effectivity of Commission Regulations and Orders
- Regulations take effect seven days after publication in Official Gazette or two newspapers.
- Orders/directives effective immediately upon personal delivery unless specified otherwise.
Repealing Clause
- Laws, orders, rules inconsistent with this Act repealed or modified accordingly.
Separability Clause
- Invalidity of any provision or application shall not affect the remainder of the Act.
Effectivity
- The Act takes effect upon approval.