Title
Supreme Court
Philippine Revised Election Code Taiwan 1947 Act
Law
Republic Act No. 180
Decision Date
Jun 21, 1947
Republic Act No. 180: Revised Election Code is a comprehensive legislation that governs all elections in the Philippines, providing guidelines for the conduct of elections, procedures for filling temporary vacancies in local offices, and prohibiting various activities and expenditures during election periods.

Law Summary

Organization and Powers of the Commission on Elections

  • Commission constitutes a quorum with two members; decisions require concurrence of two members.
  • COMELEC has a secretary and necessary staff appointed per Civil Service Law.
  • Power to summon parties, issue subpoenas, take testimony, and punish contempt related to election proceedings.
  • Decisions of COMELEC may be reviewed by the Supreme Court via certiorari.

Schedule and Conduct of Elections

  • National offices: President, Vice-President every four years; Senators every two years; House of Representatives every four years.
  • Local offices: Provincial, city, and municipal officials elected every four years.
  • COMELEC with Presidential approval may postpone elections for serious causes.
  • Alternate dates may be set for certain pre-election acts if difficulties arise.

Election Procedures in Special Cases

  • New political divisions: Elective offices chosen at the next regular election; interim appointments or special elections may be ordered.
  • Voters confined in leprosaria vote at their last lawful residence; registration and voting procedures specified.
  • Voters on foreign military and naval bases vote in their previous municipalities with similar affidavit-based registration.
  • Territorial changes grant inhabitants the right to participate in elections of merged political divisions.

Vacancies and Special Elections

  • Vacancy in President/Vice-President: Senate President acts as President; Congress may call special elections.
  • Congressional vacancies: Special elections called if vacancy occurs 10 months before next regular election.
  • Local vacancies: Temporarily filled by appointment; special elections called when elections fail or when vacancies occur.
  • Special elections called by Presidential proclamation within 30 to 90 days.

Candidate Qualifications and Filing

  • Automatic resignation from appointive or elective office upon filing candidacy for another position.
  • Prohibition against filing for more than one office in the same election.
  • Certificate of candidacy must include eligibility, political party affiliation, and mailing address.
  • Political parties may file certificates of candidacy on behalf of nominees.
  • Filing deadlines set: 60 days before regular and 30 days before special elections.

Political Contributions and Campaign Finance

  • Political committees must have designated chairmen and treasurers.
  • Treasurers maintain detailed accounts of contributions and expenditures and file statements with COMELEC.
  • Candidates must file statements of contributions and expenditures within 30 days after elections.
  • Prohibitions include contributions from certain entities, limitations on campaign expenses, and restrictions on fundraising activities.

Election Precincts and Polling Places

  • Election precincts are territorial units with no more than 250 voters; boundaries set by municipal councils.
  • Polling places must be centrally located public halls, not in private or candidate-associated buildings.
  • Specific arrangements, including voting booths, guard rails, ballot boxes with triple locks, and signage are mandated.

Boards of Election Inspectors

  • Boards consist of three inspectors and a poll clerk appointed based on political party voting strength.
  • Inspectors and poll clerks must meet qualifications including residency, reputation, and literacy.
  • Members take oath prior to service and may be relieved or replaced as provided.
  • Political activity by board members during elections is prohibited.

Voter Registration and Lists

  • Permanent lists renewed every 12 years; preparation procedures established.
  • Qualifications: Filipino citizen, 21+, able to read and write, residency requirements.
  • Disqualifications include conviction of certain crimes and mental incapacity.
  • Processes for inclusion, exclusion, correction, challenges, and judicial review of voters outlined.
  • Provision for transfer of registration upon moving residence.

Official Ballots and Voting Procedures

  • Separate official ballots for national (yellow) and local (white) offices standardized and furnished at public expense.
  • Ballots designed to allow straight ticket or individual candidate voting.
  • Voting conducted between 7 a.m. and 6 p.m.; non-voters waiting within 30 meters may vote after hours.
  • Strict procedures for issuing, marking, spoiling, and depositing ballots.
  • Challenges against voters based on registration or corrupt practices may be made at polling places.

Counting and Canvassing of Votes

  • Votes are publicly counted immediately after polls close without interruption.
  • Procedures to handle excess, marked, spoiled, and valid ballots specified.
  • Detailed rules on vote appreciation to determine validity.
  • Statements of count prepared, signed, and distributed promptly.
  • Provincial and municipal boards of canvassers responsible for summarizing and proclaiming results.
  • Procedures for tie-breaking by drawing lots.

Election Contests

  • Grounds for contest include disloyalty and ineligibility.
  • Contests filed before courts within prescribed periods; accelerated procedures and judicial recounts provided.
  • Appeals from final decisions allowed to higher courts with preference in case scheduling.
  • Bonds or cash deposits required for court proceedings.

Election Offenses and Penalties

  • Election offenses classified as serious or less serious with corresponding imprisonment terms.
  • Disqualification from public office and deprivation of suffrage imposed.
  • Foreign offenders subject to deportation.
  • Entities may be fined for election offenses.
  • Courts of First Instance have jurisdiction over criminal cases.

Miscellaneous Provisions

  • COMELEC issues necessary forms; previous inconsistent acts repealed.
  • Pending actions governed by previous laws until Code takes effect.
  • The Code became effective upon approval.

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