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.