Law Summary
Election and Campaign Periods
- Election period: starts 90 days before the election day and ends 30 days after
- Campaign periods: Presidential/Vice-Presidential - 90 days; Batasang Pambansa & Local - 45 days; Barangay - 15 days
- Campaign periods exclude the day before and the election day
- Special cases allow 45-day campaigns for special elections
Voter Registration and Voting Obligation
- Every qualified citizen must register and vote
- Failure to register or vote may incur penalties
Postponement and Failure of Elections
- Elections may be postponed for serious causes like violence, terrorism, or loss of election materials
- Special procedures for calling and conducting special elections when vacancies arise
Accessibility of Election Code and Official Communications
- A copy of the Code shall be available at every polling place
- Official election mail and telegram are free and prioritized by relevant government agencies
Election Expenses
- Paid and managed by the Commission on Elections
- Provinces, cities, and municipalities may advance funds subject to reimbursement
Qualifications, Disqualifications, and Assumption of Office
- Disqualified persons include those declared insane, convicted of crimes involving moral turpitude, or offenses with penalties over 18 months unless pardoned
- Officials must take the oath within 6 months of proclamation or the office is considered vacant
Election of President and Vice-President
- Regular elections held every six years on the first Monday of May
- Special election procedures outlined for vacancies
- Votes canvassed by provincial, city and district boards with strict requirements for authentication and delivery of certificates of canvass
- Proclamation criteria including handling ties
Election of Members of the Batasang Pambansa
- Regular elections every six years; special elections for vacancies arising 18 months before a regular election
- Composition includes elected members from provinces, cities, sectors, and presidential appointees
- Apportionment guidelines based on the 1985 Constitution and Ordinance
- Voting is at-large within constituencies
- Sectoral representatives from youth, agricultural labor, and industrial labor sectors with nomination and appointment processes
Election of Local Officials
- Provincial, city, municipal officials elected on fixed dates with terms of six years
- Voting eligibility based on component or highly urbanized city status
Election of Regional Assembly Members of Autonomous Regions
- Provision for Sangguniang Pampook in Regions IX and XII
- Election and appointment of sectoral representatives with specified qualifications and term coverages
Election of Barangay Officials
- Non-partisan elections every six years
- Regulations on campaign activities to ensure no political party interventions
- Detailed procedures for filing candidacy, election conduct by boards of election tellers, polling places and ballot boxes
- Postponement/failure rules with remedies
- Campaign activities, watchers, and funding
Commission on Elections (COMELEC)
- Exclusive charge of election administration and enforcement
- Supervisory powers over electoral officers and law enforcement agencies during election periods
- Power to promulgate rules, conduct investigations, summon witnesses, issue subpoenas, and punish contempts
- Authority to employ technological devices and conduct public education campaigns
- Structure includes regional, provincial, and city/municipal field offices with qualified personnel
- Measures for enforcement including issuance of search warrants and inquiry into candidate finances
- Ethical standards and disqualification provisions for its members
Political Parties
- Defined as organized groups with shared ideology seeking registration and accreditation
- Registration requires submission of constitution, by-laws, platforms, and other information
- Prohibited: Religious sects and parties pursuing goals through violence
Candidate Eligibility and Certificate of Candidacy
- Qualifications for President, Vice-President, Batasang Pambansa members, local officials defined
- Filing of a sworn certificate of candidacy required with detailed contents specified
- Provisions on candidate substitution, disqualifications, nuisances, guest candidacy, and changing party affiliations
- Procedures for filing and withdrawing candidacy
Campaign and Election Propaganda
- Defined as acts promoting or opposing candidates during campaign period
- Prohibited actions outside campaign periods and intervention by foreigners
- Regulations on lawful election propaganda and prohibitions on certain advertisements, billboards, and gadgets
- Use of mass media subject to commission rules and equal time provisions
- Political rallies and meetings governed by permit requirements
- Restrictions on providing transportation, food, or drinks near campaign activities
- Allocation of COMELEC space, poster areas and time for candidate announcements and propaganda
Electoral Contributions and Expenditures
- Definitions clarified for contributions, expenditures, and persons
- Prohibited sources for contributions include public/private financial institutions, natural resource exploiters, contractors, officials/employees, and foreigners
- Rules against soliciting/receiving foreign contributions
- Prohibitions on fundraising activities during campaign
- True name reporting requirements for contributions
- Expense caps for candidates and political parties established
- Authorized expenses enumerated
- Duty to keep accurate records and file statements before and after elections
- Reports required from suppliers and contractors
Registration of Voters
- Permanent list of voters established and to be renewed every 12 years
- Every voter must register in their city or municipality to be eligible
- Qualifications include Filipino citizenship, age 18+, residency requirements
- Disqualifications include insanity, certain criminal convictions, disenfranchisement periods
- Procedures for registration meetings, list preparation, transfer, cancellation, challenge and inclusion/exclusion cases
- Voter identification cards and records securely kept and accessible
Precincts and Polling Places
- Election precincts are territorial units where voting occurs; each barangay must have at least one precinct
- Criteria for precinct size, alterations and new creations detailed
- Polling places to be centrally located, accessible and not owned by candidates or related persons
- Specific rules on polling places located in public/private buildings and military/police reservations
- Requirements on polling place facilities including voting booths, guard rails, and signage
- Ballot boxes must have transparent side, 2 compartments for valid and spoiled ballots with locking mechanisms
Board of Election Inspectors
- Composed of chairman, poll clerk (preferably public school teachers), and representatives of two accredited political parties
- Qualifications, oath-taking, and disqualifications prescribed
- Powers include conducting voting and counting, supervising election
- Members allowed to vote under certain conditions
- Rules on substitution, temporary appointment, proceedings and political activity prohibitions
Watchers
- Each party, coalition, or independent candidate entitled to a watcher in every polling place
- Qualifications and appointment procedures provided
- Watchers' rights to observe, take notes, file protests, and receive vote certificates outlined
- Accreditation of citizens groups as watchers authorized
Official Ballots and Election Returns
- Uniform size and color; printed on watermark paper
- Emergency ballots permitted only under specific conditions
- Printing and distribution supervised by COMELEC with secure storage
- Committees and party representatives involved in oversight of printing and delivery
Casting and Counting of Votes
- Voting hours and procedures defined
- Premises access and conduct regulations for voters and officials
- Procedures to challenge voters and address illegal votes
- Detailed process for preparing, folding, surrendering spoiled ballots, and affixing thumbmarks
- Counting to be public; ballots counted and recorded methodically
- Rules for decision on validity of ballots
- Preparation and dissemination of election returns and proclamations at polling places
- Secure custody and disposition of ballots and documents post-election
Canvass and Proclamation
- Composition and function of boards of canvassers for provinces, cities, municipalities, districts
- Members' qualifications and prohibitions including non-relatives of candidates
- Voting on matters requires majority
- Procedures for delivery, reception, and safekeeping of election returns
- Rules for continuing canvass when returns are missing, tampered, or disputed
- Handling of disputed returns, pre-proclamation controversies and possible suspension or annulment of proclamations
- Procedures for resolving ties by drawing lots
Election Contests
- COMELEC has exclusive jurisdiction over contests involving Batasang Pambansa, regional, provincial, and city officials
- Municipal contests filed with regional trial courts; barangay contests filed with municipal or metropolitan trial courts
- Rules regulate procedures, appeals, and judicial recounts
- Courts and COMELEC required to prioritize and expedite cases
Election Offenses
- Prohibited acts include vote-buying/selling, coercion, terrorism, unlawful contribution, intervention by public officials, unlawful electioneering and campaigning activities, illegal use of public funds, carrying firearms, and manipulation of election materials
- Detailed list of offenses with corresponding penalties
- Penalties include imprisonment (1-6 years), disqualification from office, loss of suffrage, fines, and deportation for foreigners
- Prosecution powers given to COMELEC
- Rules against arrest without warrant during election period unless specific conditions met
- Prescription of offenses set at 5 years
Legal Fees
- COMELEC authorized to collect fees for certified copies, certificates, motions for reconsideration, and record searches