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Registration, voting obligation; vacancies and special elections

Section 4 requires that every citizen qualified to vote must register and cast his vote.
Section 5 authorizes postponement of an election when a free, orderly and honest election becomes impossible due to serious causes such as violence, terrorism, loss or destruction of election paraphernalia or records, force majeure, and other analogous causes.
Section 5 provides that postponement requires action by the Commission on Elections (motu proprio or upon a verified petition by an interested party), after due notice and hearing with equal opportunity for interested parties, and postponement must be to a date reasonably close to the date of the election not held, suspended, or failed to elect, but not later than thirty days after cessation of the cause.
Section 6 requires the Commission, when a failure of election affects the result due to force majeure, violence, terrorism, fraud, or other analogous causes, to call for holding/continuation on a date reasonably close, but not later than thirty days after cessation of the cause.
Section 7(1) requires that when a vacancy arises in the Batasang Pambansa eighteen months or more before a regular election, the Commission shall call a special election to be held within sixty days after the vacancy occurs to elect a member to serve the unexpired term.
Section 7(2) requires that in case of dissolution of the Batasang Pambansa, the President shall call an election not earlier than forty-five days nor later than sixty days from dissolution.

Election notices, code availability, mail and telegrams

Section 7 requires the Commission to send sufficient copies of its resolution to provincial election supervisors and election registrars for dissemination, who must post copies in at least three conspicuous places preferably where public meetings are held in each affected city or municipality.
Section 8 requires a printed copy of the Code in English or the national language to be provided and made available in every polling place for consultation on registration, revision, and election days.
Section 9 provides that election papers required by the Code to be sent by public officers are free of postage, sent by registered special delivery mail.
Section 9 mandates that election-result telegrams of the same nature are transmitted free of charge through government telecommunications and similar facilities.
Section 9 requires the Postmaster General, Director of the Bureau of Telecommunications, and managers of private telecommunication companies to transmit immediately and in preference to all other communications election-related messages reporting election results and other messages required by the Commission.

Election expenses; failure to assume office; disqualifications

Section 10 provides that except in barangay elections, election expenses necessary and reasonable for elections, referenda, plebiscites, and similar exercises are paid by the Commission.
Section 10 authorizes the Commission to direct provinces, cities, or municipalities to advance Commission-chargeable election expenses subject to reimbursement upon presentation of the proper bill.
Section 10 requires that funds needed for holding regular and special elections, referenda, and plebiscites be provided in the Commission’s regular appropriations, and upon request the funds shall be immediately released.
Section 10 provides that in case of deficiency, augmentation comes from:
- special activities funds in the general appropriations act, and
- amounts specifically appropriated for the purpose in special laws.
Section 11 provides that if an elected official fails or refuses to take his oath of office within six months from his proclamation, the office is considered vacant, unless the failure is for a cause or causes beyond his control.
Section 12 disqualifies any person declared insane or incompetent by competent authority, or sentenced by final judgment for:
- subversion, insurrection, rebellion, or
- an offense punishable by a penalty of more than eighteen months, or
- a crime involving moral turpitude,
  from being a candidate and holding any office, unless given plenary pardon or granted amnesty.
Section 12 provides that disqualification for insanity or incompetence is deemed removed upon declaration by competent authority that insanity or incompetence has been removed, or after five years from service of sentence—unless within that period the person again becomes disqualified.

President and Vice-President: election, canvass, proclamation

Section 13 requires the regular election for President and Vice-President to be held on the first Monday of May 1987 and every six years thereafter.
Section 13 provides that the President-elect and Vice-President-elect assume office at 12 o’clock noon on the thirtieth day of June next following the election and end at noon of the same date six years thereafter.
Section 14 provides that when a vacancy occurs for President and Vice-President, the Batasang Pambansa convenes at 10 o’clock in the morning of the third day after the vacancy occurs (without need of a call), and within seven days enacts a law calling a special election held not earlier than forty-five days nor later than sixty days from the call.
Section 14 provides that the bill calling the special election is deemed certified under paragraph (2), Section 19, Article VIII of the Constitution and becomes law upon approval on third reading by the Batasang Pambansa.
Section 14 provides that convening of the Batasang Pambansa cannot be suspended and the special election cannot be postponed, and no special election is called if the vacancy occurs within seventy days before the presidential election of 1987.
Section 15 requires provincial, city, or district boards of canvassers to meet not later than 6 o’clock in the evening on election day and to continue canvassing continuously day to day, adjourning only to await other returns, while authenticating totals with signatures and thumbmarks and providing copies to the Commission and mass media.
Section 15 requires completion of canvass certificates showing votes per candidate, authenticated by signatures and thumbmarks; after completion, the board certifies and transmits to the Speaker of the Batasang Pambansa.
Section 15 requires canvass certificates for President and Vice-President in quintuplicate with legible reproduction in one handwriting, all signed and thumbmarked by all board members, sealed in envelopes, and distributed:
- original to the Speaker (by fastest means),
- second to the Commission,
- third retained by the provincial election supervisor or city election registrar,
- and one each to authorized representatives of the ruling party and dominant opposition political party.
Section 15 provides that failure to comply constitutes an election offense.
Section 16 requires the Speaker to convene the Batasang Pambansa not later than thirty days after election day, open certificates of canvass, and count votes.
Section 17 prohibits correction of errors in certificates and supporting statements already transmitted to the Speaker except as allowed by the next section.
Section 18 requires safekeeping and storage of ballot boxes in a safe and closed chamber secured by four padlocks until canvass is completed and proclamation of President-elect and Vice-President-elect is obtained, with padlocks allocated to the board chairman, treasurer, and representatives of ruling party and accredited dominant opposition political party.
Section 19 requires the Speaker to demand personal delivery of election returns not included in an incomplete certificate of canvass; those returns must be submitted within two days from notice.
Section 19 authorizes the Batasang Pambansa, upon request of the concerned Presidential or Vice-Presidential candidate or his party, to count the votes appearing in Commission copies of election returns for the sole purpose of verifying actual votes where erasures or alterations may cast doubt and affect result.
Section 20 provides that the highest vote-getters are declared elected; if two or more have equal and highest votes, the President or Vice-President is chosen by a majority vote of all the Members of the Batasang Pambansa in session.
Section 20 provides that proclamations may be made when missing certificates of canvass do not affect results; when missing certificates affect results, no proclamation is made and the Speaker instructs canvassing boards to obtain missing returns or use any authentic copy after prior authority from the Commission, then transmit certificates immediately.

Batasang Pambansa elections: regular and special

Section 21 requires regular election of Members of the Batasang Pambansa on the second Monday of May 1990 and every six years thereafter.
Section 22 requires that when a vacancy arises in the Batasang Pambansa eighteen months or more before a regular election, the Commission calls a special election to be held within sixty days after the vacancy occurs.
Section 22 requires the Batasang Pambansa to certify the vacancy to the Commission through a duly approved resolution or, when not in session, an official communication of the Speaker.
Section 23 provides for composition of the Batasang Pambansa: up to two hundred Members elected from provinces with their component cities, highly urbanized cities and districts of Metropolitan Manila, elected/selected from various sectors, and chosen by the President from Cabinet members.

Apportionment, voting, and sectoral representation

Section 24 provides that Members are apportioned in accordance with the ordinance appended to the Constitution, listing specific seats by National Capital Region and Regions I through XII.
Section 24 provides that any province later created or component city later declared a highly urbanized city receives at least one member or the number based on inhabitants on the same uniform and progressive ratio used in the last preceding apportionment.
Section 24 provides that the number of Members apportioned to the province out of which a new province is created or where a new highly urbanized city is geographically located is correspondingly adjusted, but no adjustment is made within one hundred twenty days before the election.
Section 25 requires all candidates to be voted at large by registered voters of their respective constituencies; winners are candidates corresponding to available slots who receive the highest number of votes.
Section 26 provides that three sectors are represented in the Batasang Pambansa: youth, agricultural labor, and industrial labor, with each sector entitled to four representatives: two from Luzon, one from Visayas, and one from Mindanao.
Section 26 provides that the youth sector gets two additional sectoral representatives elected from any part of the country.
Section 27 defines:
- agricultural labor as those who personally and physically till land as principal occupation, including agricultural tenants and lessees, rural workers and farm employees, owner-cultivators, settlers, and small fishermen;
- industrial labor as non-agricultural workers and employees;
- youth sector as persons not more than twenty-five years of age.
Section 28 requires that not later than twenty days after election of provincial/city/district representatives, the most representative and generally recognized organizations/aggrupments of each sector (as attested by specified ministers) submit nominees for each sector slot to the President.
Section 28 requires the President to appoint sector representatives from among the nominees submitted by those organizations/aggrupments.
Section 28 requires the ministers considering organizational recognition to evaluate membership/activity national extent, responsiveness, militancy and consistency promoting sector welfare consistent with the whole country, observance of rule of law, and other analogous factors.
Section 28 requires the President to notify the Secretary-General of the Batasang Pambansa in writing of appointments of sectoral representatives.

Local elections and barangay elections; elections administration

Section 29 requires regular elections of provincial, city, and municipal officials covered by the Local Government Code throughout the Philippines on the first Monday of May 1986 and every six years thereafter.
Section 29 provides that local officials assume office on the thirtieth day of June next following the election, hold office for six years, and continue until successors are elected and qualified.
Section 29 provides that incumbents whose tenure expires on March 23, 1986 hold office until June 30, 1986 or until successors are elected and qualified, and they cannot be suspended or removed without just cause.
Section 30 provides that unless charter provides otherwise, component city electorates vote for provincial officials of the province where the component city is part.
Section 30 provides that highly urbanized city electorates do not vote for provincial officials of the province where located, and no component city may be declared or entitled to highly urbanized status within ninety days prior to any election.
Section 37 requires barangay elections throughout the Philippines on the second Monday of May 1988 and every six years thereafter.
Section 37 provides that barangay officials assume office on the thirtieth day of June next following election and hold office for six years until successors are elected and qualified.
Section 38 mandates barangay elections be non-partisan and conducted in an expeditious and inexpensive manner.
Section 38 prohibits candidates who file certificates of candidacy from representing or allowing representation as candidates of any political party or organization, and prohibits political parties, groups, committees, civic/religious/professional/other organizations, or organized groups from intervening in nominations or filing or giving aid/support directly or indirectly favorable or unfavorable to any candidate’s campaign.
Section 38 permits the rule above to not apply to family members within the fourth civil degree of consanguinity or affinity and to a candidate’s personal campaign staff not more than one for every one hundred registered voters in the barangay.
Section 38 directs that no permit to hold a public meeting shall be denied on grounds that the paragraph may or will be violated, without prejudice to any liability.
Section 39 requires no one be elected punong barangay or kagawad unless he files a sworn certificate of candidacy in triplicate any day from commencement of the election period but not later than the day before the beginning of the campaign period, in a form prescribed by the Commission, stating the barangay office sought.
Section 39 imposes ministerial duty to receive and acknowledge receipt on the secretary of the sangguniang barangay; if refused or absent/unavailable, filing may be made with the election registrar of the city or municipality.
Section 39 requires preparation of a consolidated list and posting in the barangay hall and conspicuous places at least ten days before election.
Section 39 provides that any elective or appointive municipal, city, provincial, or national official/employee (including civil/military service and government-owned or controlled corporations) is automatically resigned upon filing a certificate of candidacy for barangay office.
Section 40 requires the Commission to constitute a board of election tellers in every barangay polling place not later than ten days before election, composed of an elementary public school teacher as chairman and two registered voters of the polling place not incumbent barangay officials and not related to any candidate within the fourth civil degree of affinity/consanguinity; if no such teacher is available, the Commission designates a qualified registered voter.
Section 40 requires election tellers to supervise, conduct, count votes, and prepare a triplicate report; it requires delivery of the original to the barangay board of canvassers, second to the election registrar, and third to the secretary of the sangguniang barangay for filing.
Section 41 requires that not later than seven days before election, election tellers meet for registration of barangay voters and preparation of the list of voters; it permits any voter to challenge qualifications, decided the same day by the board.
Section 41 requires posting of the final list at least two days before election day, and prohibits transferring voter registration without written notice at least two days before election.
Section 41 requires delivery of the list of voters to the election registrar not later than the day following barangay election for custody and safekeeping.
Section 42 requires polling place designation by the chairman of election tellers when a barangay has one precinct; when two or more precincts exist, the chairman of the board of canvassers designates the polling place.
Section 42 provides that if no public building can be used, other appropriate private buildings may be designated, subject to prohibition of ownership/occupation/possession by an incumbent elective public official or candidate or his relative within the fourth civil degree.
Section 42 requires polling places to be centrally located as possible, considering convenience and safety of voters.
Section 43 requires official barangay ballots provided by the city/municipality in a size and color prescribed by the Commission, and requires authentication in the presence of the voter by authorized representatives of candidates and the chairman and members of the board of election tellers, with signatures at the back; ballots not authenticated are deemed spurious.
Section 44 requires the Commission to provide ballot boxes for each polling place, and it permits each candidate to provide a padlock for the ballot box.
Section 45 requires postponement of barangay elections when holding a free, orderly, honest election becomes impossible due to serious causes, following verified petition, due notice and hearing, and subject to time the Commission deems necessary.
Section 45 requires that when barangay election is not held, or suspended before closing time, and the failure affects the result, the Commission calls for holding/continuation within thirty days after verification that the cause ceased, or upon petition of at least thirty percent of registered voters.
Section 45 requires the Commission to order holding of a postponed or suspended barangay election upon verification when conditions warrant or upon petition of at least thirty percent of registered voters.
Section 46 requires the Commission to constitute a barangay board of canvassers at least seven days before election in each barangay, composed of the senior public elementary school teacher as chairman and two other public elementary school teachers as members, with fallback designation from election tellers if teachers are inadequate.
Section 46 requires immediate meeting in the most centrally located building with polling place, canvassing results from polling places and proclaiming winners; it requires certificates of proclamation in triplicate, with original to the election registrar, second to the secretary of the sangguniang bayan or sangguniang panlungsod, and third kept by the secretary of the sangguniang barangay.
Section 46(3) provides that in a barangay with only one polling place, the barangay board of election tellers serves also as the board of canvassers.
Section 47 requires the punong barangay if not a candidate, or a resident designated by the Commission, to convene the barangay assembly at least once during the campaign period for a joint meeting with candidates, with at least two days notice, to explain programs, qualifications, and information for voters.
Section 48 authorizes candidates to appoint two watchers each to serve alternately in every polling place within the barangay, furnished a signed copy of results after completion of canvass.
Section 49 provides for inclusion and exclusion cases within the exclusive original jurisdiction of the municipal or metropolitan trial court, with decisions within a period fixed by the law as not later than seven before election; it requires service within twenty-four hours and an appeal within twenty-four hours to the regional trial court, which decides finally not later than two days before election.
Section 50 requires local governments to appropriate funds for expenses of election tellers and canvassers, printing of forms, procurement of election paraphernalia, and installation of polling booths.
Section 51 provides that violations of provisions of Article VI constitute prohibited acts and shall be prosecuted and penalized in accordance with the Code.

Commission on Elections: powers, offices, and party rules

Section 52 gives the Commission exclusive charge of enforcement and administration of laws on the conduct of elections for ensuring free, orderly and honest elections, with the exception where otherwise provided in the Code.
Section 52(a) empowers the Commission to exercise direct and immediate supervision and control over national and local officials or employees, including law enforcement agencies required by law to perform election duties; it may authorize CMT cadets eighteen years of age and above to act as deputies.
Section 52(a) authorizes the Commission to relieve officers or employees violating election law or failing to comply with its instructions, orders, decisions, or rulings, appointing a substitute; upon Commission recommendation, proper authority must suspend or remove after due process those found guilty.
Section 52(b) requires that during the campaign period and ending thirty days thereafter, when terrorism acts are committed to influence voting, the Commission may authorize the Armed Forces of the Philippines, NBI, Integrated National Police, or similar government agencies to act as deputies, except civilian home defense forces.
Section 52(c) requires the Commission to promulgate implementing rules and regulations, require payment of legal fees in the Commission at rates fixed in its rules; it provides that Commission rules take effect after three (3) days from publication in at least two (2) daily newspapers, and Commission orders and directives take effect immediately upon receipt after furnishing accredited political parties within forty-eight hours of issuance.
Section 52(c) provides that if Commission rules/orders/directives conflict with those of any other administrative office on the same election matter, Commission measures prevail.
Section 52(d) gives the Commission authority to summon parties, issue subpoenas and subpoenas duces tecum, take testimony, and, upon proof of service of subpoena and witness non-attendance, issue warrant to arrest witness and bring him to the Commission or the officer requiring attendance.
Section 52(d) requires controversies submitted to be heard and decided immediately after due process and mandates decision within sixty days from submission; it also requires decisions/resolutions only in a formal session properly convened.
Section 52(e) provides for contempt punishment under Rules of Court procedure and penalties, and treats violation of final and executory Commission decisions/orders/rulings as contempt.
Section 52(f) provides that the Commission’s final decisions/orders/instructions/rulings have precedence over those of any other authority, except the Supreme Court and those issued in habeas corpus proceedings.
Section 52(g) authorizes the Commission to prescribe forms for election/plebiscite/referral processes.
Section 52(h) authorizes public bidding for procurement of election supplies/equipment/materials/services, with fallback to negotiations or sealed bids if public bidding is impractical, with notification to accredited parties.
Section 52(i) authorizes the Commission to prescribe use/adoption of latest technological and electronic devices, notifying authorized representatives of accredited political parties and candidates in affected areas not less than thirty days prior to effectivity of use.
Section 52(j) requires the Commission to conduct continuing and systematic education through newspapers, radio, and other media to inform the electorate about election laws, procedures, decisions, and election duties for clean, free, orderly and honest electoral processes.
Section 52(k) authorizes the Commission to enlist non-partisan citizen groups/organizations under direct and immediate Commission control to perform specified duties:
- Before Election Day: information campaign; registration drive; cleanse voters list of illegal registrants and take legal steps; report violations on political campaign/election propaganda/electoral expenditures.
- On Election Day: exhort voters to vote; nominate watchers for accreditation; require such designated group units (except one accredited watcher) to stay at least fifty meters from polling place and not enter except to vote; report terrorism/intimidation and other attempts to frustrate voting; perform other Commission-assigned functions.
Section 52(k) authorizes revocation of a citizen group/organization designation upon notice and hearing for partiality, or for acts beyond or against the functions and duties imposed.
Section 52(l) authorizes the Commission to conduct hearings on pending controversies in cities or provinces on proper motion, considering materiality and number of witnesses, local situation, and available funds.
Section 52(m) authorizes fixation of other reasonable periods for pre-election requirements so voters are not deprived of suffrage and groups’ rights granted in the Code, and otherwise authorizes appropriate fixing of periods for prohibited acts enumerated in the Code.
Section 53 requires Commission field offices: Regional Election Office (Regional Election Director), Provincial Election Office (Provincial Election Supervisor), and City/Municipal Election Office (City/Municipal Registrar assisted by an election clerk and other employees), and allows delegation to heads of field offices for implementation/enforcement.
Section 54 requires appointment to regional director, assistant regional director, provincial election supervisor, and election registrar positions to be limited to members of the Philippines Bar, except that if none are available for election registrar (except in cities and capital towns), law/liberal arts/education/business administration graduates with appropriate civil service eligibility may be appointed.
Section 55 requires local governments to provide suitable office space for provincial election supervisor and election registrar staff; if local government fails, those officials may lease with prior Commission authority and notice, and rentals are chargeable to local government funds.
Section 56 authorizes the Commission to make changes in composition/distribution/assignment of field offices and personnel for service exigencies and free, orderly, honest elections, effective only during the relevant election period and not affecting tenure, and not constituting demotion; it also prohibits changes within thirty days before election except for cause and after due notice and hearing, and bars assigning a regional/assistant regional director to a related region or a provincial supervisor or city/municipal registrar to a city/municipality where he or spouse is related to a candidate within the fourth civil degree.
Section 57 empowers the Commission for enforcement: issue search warrants after oath/affirmation; stop illegal election activity and confiscate/tear down and stop unlawful/libelous/misleading/false election propaganda after due notice and hearing; inquire into financial records of candidates and organizations/groups motu proprio or on written