Law Summary
Election Schedule
- First synchronized election for President, Vice President, Senators, House Representatives, and local officials on the second Monday of May 1992.
- President and Vice President elections every six years on the same day.
- Senators, House Representatives, and local officials elected every three years, with only 12 Senators elected each time after initial full election.
Election of Local Legislative Members
- Sangguniang Panlalawigan members elected by legislative districts in provinces with two or more districts, seats apportioned equitably.
- Provinces with one district divided into two districts for electing Sangguniang Panlalawigan members.
- Special provisions for Metro Manila and certain cities where members continue to be governed by RA No. 6636, but municipalities divided into districts starting 1995.
Postponement, Failure, and Special Elections
- The Commission on Elections (COMELEC) decides postponements, failures, and special elections by majority vote.
- Failure of election can be declared before, during, or after casting votes.
- Special elections called to fill vacancies in Congress if at least one year remains, timing specified.
Election and Campaign Periods
- Election period starts 90 days before election and ends 30 days after unless fixed otherwise by COMELEC.
- Campaign period: 90 days for President, VP, Senators; 45 days for other candidates.
- Campaigns outside these periods are election offenses.
Nomination of Official Candidates
- Nomination meetings for President, VP, Senators start no earlier than 165 days before elections.
- For House and local officials, nominations start no earlier than 75 days before elections.
Filing of Certificates of Candidacy
- Must be filed personally or by authorized representative no later than day before campaign period start.
- Filing locations vary by position: national candidates file in Manila; local candidates file with provincial or city registrars.
- Mail or electronic filings are prohibited.
Precinct Establishment
- COMELEC may allot voters alphabetically to precincts in cases where dividing by territory is impractical.
- Polling places for such split precincts must be within the same building or premises.
Voter Registration
- Held on the 15th Saturday before election for new voters or those turning 18 by election day.
- COMELEC may add registration days as needed.
- Post-registration, board of election inspectors authenticate and post lists publicly.
- Failure to post lists is an election offense.
Annulment of Voter Lists
- Voter lists made with fraud or irregularities can be annulled after notice and hearing.
- No annulment orders are to be executed within 60 days before elections.
Voting Booth Requirements
- At least 10 voting booths per polling place to ensure voter secrecy as determined by COMELEC.
Absentee Voting
- Limited to members of the Armed Forces, police, and government employees assigned away from their registered precincts.
- Applies only to elections for President, Vice President, and Senators.
Campaign Expense Limits
- Candidates for President and Vice President: P10 per registered voter.
- Other candidates: P3 per registered voter; independent candidates may spend P5 per voter.
- Political parties: P5 per registered voter in areas with official candidates.
- Reported contributions and expenditures are exempt from gift tax.
Contribution and Expenditure Reporting
- Candidates and parties must file full, true, and itemized statements within 30 days after election.
- Non-filing results in administrative fines up to P30,000 for first offense; higher fines and disqualification for repeat offenses.
- Filing statements is a prerequisite for assumption of office.
Prohibition of Pre-Proclamation Cases for Certain National Positions
- No pre-proclamation cases allowed for President, VP, Senator, and House Members concerning election returns or canvass issues.
- COMELEC or canvassing bodies may correct manifest errors.
Pre-Proclamation Cases for Local Offices
- Allowed under specified sections and may continue if meritorious or under Supreme Court order.
- Pending cases before COMELEC deemed terminated at office term start unless exceptions apply.
Procedures for Pre-Proclamation Controversies
- Issues related to canvassers' composition or proceedings may be initiated at the board or COMELEC.
- Objections based on election returns follow strict procedural timelines and documentation.
- COMELEC must decide appeals summarily within 7 days.
Partial Proclamation
- COMELEC may proclaim winners not affected by ongoing controversies.
Election Contests for Municipal Offices
- Handled by Regional Trial Courts with expedited decisions.
- Appeals to COMELEC decided within 60 days, final and unappealable.
Official Ballots
- Uniform size, black ink on white security paper with watermark.
- Include detachable coupon with serial number and voter thumbmark.
- English and Arabic titles where applicable.
- COMELEC may adopt special ballots for illiterate voters and new technologies.
Authentication and Handling of Ballots
- Chairman of election board to sign the back of each ballot before issuance.
- Failure constitutes election offense.
Vote Counting Procedures
- Open and transparent counting with clear visibility to watchers and the public.
- Strict prohibition on touching ballots during reading.
Official Watchers
- Each registered party or candidate entitled to one watcher per precinct and canvassing center.
- Six principal watchers from major political parties designated by COMELEC.
- Criteria for major parties include historical performance and political organization.
Election Returns and Copies
- Multiple copies prepared and distributed to various authorities including COMELEC, Congress, political parties, courts, and public posting.
- Detailed instructions on distribution for national and local elections.
Canvassing Boards
- Different levels of canvassers (municipal, city, district, provincial) handle respective election returns and certificates.
- Procedures detailed for Metro Manila area with multiple municipalities.
Certificates of Canvass
- Seven copies prepared with specified distribution to provincial boards, COMELEC, political parties, and public observers.
- Accompanied by statements of votes signed and thumbmarked.
Congress as National Board of Canvassers
- Congress responsible for authenticating certificates of canvass for President and Vice President.
- Procedures for resolving discrepancies and incomplete certificates.
- Authorized to count votes from election returns when suspecting alterations.
Payment of Election Personnel
- Per diem rates specified for election inspectors and officials on registration and election days.
- Timely payment mandated; delays are election offenses.
Firearms Restrictions During Elections
- Ban on carrying firearms in public places during election period unless authorized by COMELEC.
- Suspension of firearm licenses issuance during election period.
- Only deputized law enforcement officers may carry firearms in performance of election duties under strict conditions.
Security Personnel Restrictions for Candidates
- Candidates prohibited from hiring private security or bodyguards during election period.
- COMELEC may assign police or military security to candidates upon application.
- Officers assigned must wear uniform and are subject to COMELEC supervision.
Firearms Disposal
- Firearms found in possession of persons prosecuted for election offenses disposed of according to law.
Rulemaking Authority
- COMELEC empowered to issue implementing rules and regulations.
- Publication in at least two national newspapers required.
Governing Election Laws
- Elections governed by this Act, Omnibus Election Code, RA No. 6646, and other non-inconsistent laws.
Appropriations
- P1 billion appropriated for May 11, 1992 elections from savings.
- Future election funding included in General Appropriations Act.
- Per diem adjustments for election inspectors for 1992 election only.
- COMELEC may provide additional incentives and awards.
Severability Clause
- Invalidity of any provision does not affect other provisions of the Act.
Repealing Provisions
- Repeals specified sections of the Omnibus Election Code and inconsistent laws and orders.
- Repeal has retroactive effect.
Effectivity
- Act takes effect upon publication in at least two national newspapers.