Synchronized Elections and Electoral Reforms Act

Election day and term-specific voting

Section 2 establishes the May 1992 synchronized election covering both national and local elective positions.
Section 2 fixes the continuing pattern: Presidential elections every six (6) years, while legislative and local elections continue every three (3) years.
Section 2 limits Senate elections to twelve (12) seats per election cycle after May 1992.
Section 2 ensures that provincial, city, and municipal elective officials are elected at the same time as national elective positions scheduled for that cycle.

Sangguniang elections and district apportionment

Section 3 provides that elective members of the Sangguniang Panlalawigan, Sangguniang Panlungsod, and Sangguniang Bayan are elected under the districting rules stated in Section 3.
Section 3 provides that for provinces with two (2) or more legislative districts, Sangguniang Panlalawigan seats are elected by legislative districts with equitable apportionment.
Section 3 requires that where equal division is not possible, remaining seats are elected in the district or districts with the greater number of population, or if equal population then with the greater number of voters.
Section 3 mandates that if a legislative district includes a city that does not vote in the election of provincial officials, the Commission allocates Sangguniang Panlalawigan seats among districts in proportion to the population of constituencies voting for the Sangguniang Panlalawigan.
Section 3 provides that for provinces with only one (1) legislative district, the Commission divides the province into two (2) districts as nearly as practicable according to number of inhabitants, with each district comprising a compact, contiguous and adjacent territory, and apportions seats equitably between districts.

Metro Manila and special local council rules

Section 3 provides that the number and election of elective members of the Sangguniang Panlungsod and Sangguniang Bayan in the Metro Manila Area, City of Cebu, City of Davao, and any other city with two (2) or more legislative districts continue to be governed by Sections 2 and 3 of Republic Act No. 6636.
Section 3 specifies that within the Metro Manila Area, the municipalities of Malabon, Navotas, San Juan, Mandaluyong, Muntinlupa, Las Piñas and Taguig have twelve (12) councilors, while Pateros has ten (10) councilors.
Section 3 directs that the Commission shall divide each Metro Manila Area municipality into two (2) districts by barangay for Sangguniang Bayan representation as nearly as practicable according to number of inhabitants, with each district comprising a compact, contiguous and adjacent territory.
Section 3 provides that for the regular elections on May 11, 1992, elective members of Sangguniang Panlungsod and Sangguniang Bayan shall be elected at large under existing laws.
Section 3 provides that beginning with the regular elections in 1995, elective members of Sangguniang Panlungsod and Sangguniang Bayan shall be elected by district.
Section 3 requires the Commission to promulgate rules and regulations to effectively provide for the election of sectoral representatives in the implementation of the Local Government Code.

Scheduling of elections, special elections

Section 4 provides that postponement, declaration of failure of election, and calling of special elections under Sections 5, 6 and 7 of the Omnibus Election Code are decided by the Commission sitting en banc by a majority vote of its members.
Section 4 provides that causes for declaration of a failure of election may occur before or after the casting of votes or on the day of the election.
Section 4 provides that when a permanent vacancy occurs in the Senate or House of Representatives at least one (1) year before expiration of the term, the Commission shall call and hold a special election not earlier than sixty (60) days and not longer than ninety (90) days after the occurrence of the vacancy.
Section 4 provides that if the vacancy is in the Senate, the special election shall be held simultaneously with the next succeeding regular election.

Election period, campaign limits, and nominations

Section 5 fixes the election period for the May 11, 1992 regular elections to commence ninety (90) days before election day and end thirty (30) days thereafter unless otherwise fixed by the Commission.
Section 5 fixes campaign periods: for President, Vice President and Senators, ninety (90) days before election day; and for Members of the House of Representatives and elective provincial, city and municipal officials, forty-five (45) days before election day.
Section 5 authorizes the Commission, in preparing the election calendar, to exclude the day before and the day of the election itself, Maundy Thursday and Good Friday.
Section 5 prohibits any election campaign or partisan political activity for or against any candidate outside the campaign period and declares such conduct an election offense punishable under Sections 263 and 264 of the Omnibus Election Code.
Section 6 prohibits political conventions or meetings for nomination/selection of official candidates earlier than: one hundred sixty-five (165) days before election day for President, Vice President and Senators, and seventy-five (75) days before election day for Members of the House of Representatives and elective provincial, city or municipal officials.

Filing candidacies and election preparation mechanics

Section 7 requires certificates of candidacy to be filed in five (5) legible copies with the proper offices of the Commission not later than the day before the date legally fixed for the beginning of the candidate’s campaign period.
Section 7 requires certificates for President, Vice President and Senators to be filed with the main office of the Commission in Manila.
Section 7 requires certificates for Members of the House of Representatives to be filed with the provincial election supervisor for the province concerned; for legislative districts in the National Capital Region, with the regional election director; and for legislative districts in cities outside the National Capital Region that comprise one or more legislative districts, with the city election registrar concerned.
Section 7 requires certificates for provincial offices to be filed with the provincial election supervisor concerned.
Section 7 requires certificates for city or municipal offices to be filed with the city or municipal election registrar concerned.
Section 7 requires that the certificate of candidacy be filed by the candidate personally or by a duly authorized representative and prohibits filing or acceptance by mail, telegram or facsimile.
Section 7 directs that whenever practicable, the names of registered candidates for local positions shall be printed in the election returns.
Section 7 imposes on the Commission a duty to instruct election officials without delay to delete the name of any candidate disqualified or declared a nuisance candidate as printed in the election return.

Voters, precincts, booths, and absentee rules

Section 8 authorizes the Commission, notwithstanding any law to the contrary, to adjust or split precincts by assigning registered voters alphabetically and equitably where it is not practicable to divide a precinct by territory, provided polling places remain in the same building or premises.
Section 9 provides for registration of voters on the fifteenth Saturday before election day for voters who will reach eighteen (18) years of age on or before election day or who are qualified but not registered.
Section 9 authorizes the Commission to designate an additional registration date in certain areas to ensure voters there are not deprived of suffrage.
Section 9 requires that before adjourning on registration day, the board of election inspectors close the list by affixing signatures immediately after the last name, numbering names consecutively, and authenticating the list by affixing signatures on each and every page.
Section 9 requires posting of the voter list outside the registration room beginning on the first working day after registration day until election day, and provides that failure to post constitutes an election offense punishable under Sections 263 and 264 of the Omnibus Election Code.
Section 9 provides that if there is a significant number of inclusions, exclusions and corrections, the board shall meet on the eighth Saturday immediately preceding election day to implement only court-ordered changes, stating the order date and issuing court opposite every corrected, added or cancelled name; otherwise the board does not meet but the changes are made before voting starts on election day.
Section 10 authorizes the Commission to annul any book of voters prepared with fraud, bribery, forgery, impersonation, intimidation, force, or any other similar irregularity, or that is statistically improbable, after due notice and hearing, motu proprio or after a verified complaint is filed; execution of such annulment orders cannot be carried out within sixty (60) days before an election.
Section 11 requires at least ten (10) voting booths in each polling place with specifications and materials the Commission provides so voters can fill out ballots secretly.
Section 12 provides that absentee voting under Executive Order No. 157 dated March 30, 1987 applies to elections for President, Vice President and Senators only, and limits it to: members of the Armed Forces of the Philippines, the Philippine National Police, and other duly registered government officers and employees who, on election day, may be temporarily assigned in connection with election duties to places where they are not registered voters.

Campaign spending limits and gift tax treatment

Section 13 sets aggregate authorized election campaign spending as follows:
- Candidates: Ten pesos (P10.00) for President and Vice President; and Three pesos (P3.00) for every voter currently registered in the constituency where the candidate filed the certificate of candidacy.
- A candidate without any political party and without support from any political party is allowed to spend Five pesos (P5.00) for every voter.
Section 13 sets aggregate authorized election campaign spending for political parties at Five pesos (P5.00) for every voter currently registered in the constituency or constituencies where it has official candidates.
Section 13 provides that any cash or in-kind contribution to any candidate or political party or coalition of parties for campaign purposes, duly reported to the Commission, is not subject to the payment of gift tax.

Statements of contributions/expenditures and penalties

Section 14 requires every candidate and treasurer of the political party to file, within thirty (30) days after election day, with the Commission offices, in duplicate, a full, true and itemized statement of all contributions and expenditures connected with the election.
Section 14 prohibits any person elected to public office from entering upon the duties of the office until the required contributions and expenditures statement has been filed.
Section 14 applies the same prohibition where the political party that nominated the winning candidate fails to file the statement within the period prescribed by the Act.
Section 14 provides that except candidates for elective barangay office, failure to file the required statements or reports constitutes an administrative offense punishable by an administrative fine ranging from One thousand pesos (P1,000.00) to Thirty thousand pesos (P30,000.00), in the discretion of the Commission.
Section 14 requires payment of the fine within thirty (30) days from receipt of notice, and otherwise provides for enforcement by a writ of execution issued by the Commission against the offender’s properties.
Section 14 requires city or municipal election registrars to advise in writing—by personal delivery or registered mail—within five (5) days from election day all candidates residing in their jurisdiction to comply with the filing obligation.
Section 14 provides that for a second or subsequent offense, the fine is Two thousand pesos (P2,000.00) to Sixty thousand pesos (P60,000.00), and the offender is subject to perpetual disqualifications to hold public office.

Pre-proclamation controversies and canvass disputes

Section 15 prohibits pre-proclamation cases for elections for President, Vice President, Senator and Member of the House of Representatives on matters relating to preparation, transmission, receipt, custody and appreciation of election returns or certificates of canvass, while allowing correction of manifest errors by the appropriate canvassing body motu proprio or upon written complaint of an interested person before final correction.
Section 15 permits questions affecting the composition or proceedings of the board of canvassers to be initiated in the board or directly with the Commission under Section 19.
Section 15 requires that any objection on election returns before the city or municipal board of canvassers, or on municipal certificates of canvass before provincial boards or district boards in Metro Manila, be specifically noted in the minutes.
Section 16 allows pre-proclamation cases involving provincial, city and municipal officers and provides that they are governed by Sections 17, 18, 19, 20, 21 and 22.
Section 16 provides that all pre-proclamation cases pending before the Commission are deemed terminated at the beginning of the term of the office involved, and rulings of the boards are deemed affirmed, without prejudice to filing a regular election protest by the aggrieved party.
Section 16 allows continuation of proceedings where the Commission determines from evidence presented that the petition appears meritorious and orders continuation, or where the Supreme Court issues an appropriate order in a petition for certiorari.

How controversies begin and are decided

Section 17 allows questions affecting the composition or proceedings of the board of canvassers to be initiated in the board or directly with the Commission.
Section 17 provides that matters raised under Sections 233, 234, 235 and 236 of the Omnibus Election Code in relation to preparation, transmission, receipt, custody and appreciation of election returns and certificates of canvass must first be brought before the board of canvassers only.
Section 18 requires the Commission to summarily dispose of all pre-proclamation controversies on election returns or certificates of canvass within seven (7) days from receipt of the records and evidence elevated by the board.
Section 18 provides that Commission decisions become executory after lapse of seven (7) days from receipt by the losing party.
Section 19 provides that parties adversely affected by a board ruling on questions affecting composition or proceedings may appeal to the Commission within three (3) days from the ruling.
Section 19 requires the Commission to summarily decide within five (5) days from filing.
Section 20 sets detailed procedure for contested inclusion or exclusion in canvass of election returns on authorized grounds under Article XX or Sections 234, 235 and 236 of Article XIX of the Omnibus Election Code.
Section 20 provides that the objecting party shall make an oral objection recorded in the minutes when the questioned return is presented for inclusion.
Section 20 requires automatic deferral of canvass of contested returns by the board, while proceeding to canvass uncontested returns.
Section 20 requires written objections in prescribed forms and requires submission of evidence within twenty-four (24) hours from and after presentation; it also requires any written and verified opposition to be filed within the same twenty-four (24) hours period.
Section 20 provides that the board does not entertain objections or opposition unless reduced to writing in prescribed forms.
Section 20 requires immediate and formal admission of evidence into board records by the chairman by signature on each page.
Section 20 requires the board to summarily and immediately rule on contested returns after considering written objections and opposition.
Section 20 provides that a party adversely affected must immediately inform the board if intending to appeal, and the board must note the intention in minutes, set aside the returns, and proceed to consider other returns.
Section 20 provides that after all uncontested returns have been canvassed and contested returns ruled upon, the board suspends the canvass.
Section 20 provides that within forty-eight (48) hours after suspension, an adversely affected party may file a written and verified notice of appeal, and within an unextendible period of five (5) days thereafter may take the appeal to the Commission.
Section 20 requires the board, upon receipt of notice of appeal, to report to the Commission and elevate complete records and evidence while furnishing copies to parties.
Section 20 requires the Commission to summarily decide the appeal within seven (7) days from receipt of records and evidence, and provides that appeals brought without completed forms and evidence appended are summarily dismissed.
Section 20 provides executory effect of Commission decisions after lapse of seven (7) days from receipt by the losing party.
Section 20 prohibits the board of canvassers from proclaiming a candidate as winner unless authorized by the Commission after it rules on objections brought to it on appeal by the losing party; it declares a proclamation made in violation void ab initio, unless the contested returns will not adversely affect election results.
Section 21 authorizes the Commission, despite pendency of a pre-proclamation controversy, to summarily order proclamation of other winning candidates whose election will not be affected by the controversy.
Section 22 governs municipal office election contests filed with the Regional Trial Court: it requires expeditious decision, allows appeal to the Commission within five (5) days from promulgation or receipt of a copy, and requires the Commission to decide within sixty (60) days from submission for decision but not later than six (6) months after filing the appeal; it provides that the Commission decision is final, unappealable, and executory.

Ballots, signatures, watching, counts, and returns

Section 23 requires official ballots for national and local elections, regular or special, plebiscites and referenda to be uniform in size, and to be provided by the Commission.
Section 23 mandates that ballots be printed in black ink on white security paper with distinctive, clear and legible watermarks distinguishing it from ordinary paper.
Section 23 requires each ballot to be shaped as a strip with a stub and detachable coupon containing the serial number of the ballot and a space for the voter’s thumbmark on the detachable coupon.
Section 23 requires the ballot to bear the coat-of-arms of the Republic of the Philippines, the words “Official Ballot,” the name of the city or municipality and province, the date of the election, and the notice in English: “Fill out this ballot secretly inside the voting booth. Do not put any distinctive mark on any part of this ballot.”
Section 23 provides that the official ballot contains names of all offices to be voted for, with sufficient space and horizontal lines for voters to write candidate names they vote for.
Section 23 provides that no printing or writing may appear on the back of the ballot except as provided in Section 24.
Section 23 requires that ballots for cities and municipalities where Arabic is of general use include office titles printed in Arabic in addition to and immediately below the English title.
Section 23 authorizes the Commission to prescribe a different form of official ballot on the same watermarked security paper to facilitate voting by illiterate voters only and to use or adopt the latest technological and electronic devices as provided under Section 52 (i) of the Omnibus Election Code.

Authentication of ballots and secrecy in counting

Section 24 requires that before delivering an official ballot to the voter, the chairman of the board of election inspectors must, in the presence of the voter, affix his signature at the back of the ballot.
Section 24 declares that failure to authenticate must be noted in the minutes of the board of election inspectors and constitutes an election offense punishable under Sections 263 and 264 of the Omnibus Election Code.
Section 25 requires that during counting, the chairman, poll clerk and third member assume positions providing watchers and the public an unimpeded view of the ballot being read by the chairman and simultaneous tally accomplishment by the poll clerk and third member without touching election documents.
Section 25 requires clearing the table of unnecessary writing paraphernalia during counting.
Section 25 declares any violation of these counting-position and clearing requirements an election offense punishable under Sections 263 and 264 of the Omnibus Election Code.

Watchers in polling places and canvassing centers

Section 26 entitles every registered political party or coalition of political parties and every candidate to one watcher in every polling place and canvassing center.
Section 26 limits candidates for the Sangguniang Panlalawigan, Sangguniang Panlungsod, or Sangguniang Bayan belonging to the same slate or ticket to collectively only one watcher.
Section 26 recognizes six (6) principal watchers, representing the six (6) accredited major political parties.
Section 26 directs the Commission to designate principal watchers upon nomination of the parties after determining major political parties through notice and hearing based on: past election showing; number of incumbent elective officials ninety (90) days before election; identifiable political organizations and strengths through organized chapters; ability to fill a complete slate from municipal level to President; and other analogous circumstances determining relative strengths.

Returns copies, distribution, and certificates of canvass

Section 27 requires election returns to be prepared in handwriting by the board of election inspectors in the prescribed number of copies and in the form prescribed by the Commission.
Section 27 provides return distribution for elections of President, Vice President, Senators and Members of the House of Representatives and elective provincial and city/municipal officials:
- Copy 1: city or municipal board of canvassers.
- Copy 2: Congress, directed to the President of the Senate.
- Copy 3: the Commission.
- Copy 4: provincial board of canvassers.
- Copy 5 (advance election returns): delivered to the city or municipal treasurer, opened immediately and publicly in the presence of the election registrar (or authorized representative), and posted in a large election tally board in a public place preferably near city hall or municipal building.
- Copy 6: delivered to the city or municipal trial court judge (or in his absence, an official designated by the Commission), kept sealed and unopened, and opened only during canvass on order of the board for comparison with other returns whose authenticity is in question.
- Copy 7: deposited inside the compartment of the ballot box for valid ballots.
Section 27 provides return distribution for elections of local officials:
- Copy 1: city or municipal board of canvassers.
- Copy 2: the Commission.
- Copy 3: provincial board of canvassers.
- Copy 4 (advance election returns): delivered to the city or municipal treasurer, publicly opened and posted as above.
- Copy 5: delivered to the city or municipal trial court judge (or designated official), kept sealed and opened only during canvass on board order for comparison.
- Copy 6: deposited inside the ballot box compartment for valid ballots.
Section 28 assigns canvassing roles:
- The city or municipal board of canvassers canvasses returns for President, Vice President, Senators, House of Representatives, and elective provincial and city/municipal officials, then prepares certificates of canvass for the specified national/officials and proclaims elected city or municipal officials as applicable.
- The city board of canvassers canvasses returns for specified national and elective city officials for cities comprising one or more legislative districts, then prepares certificates and proclaims elective Members of the House of Representatives and city officials as specified.
- In Metro Manila Area, municipalities in a legislative district have district and municipal boards of canvassers with specified canvassing and certificate functions as enumerated in Section 28.
- The provincial board of canvassers canvasses certificates of canvass for specified national and provincial officials and plebiscite results, if any plebiscite is conducted simultaneously.
Section 29 provides that certificates of canvass are prepared in specified numbers of copies and distributed to the Commission, Congress, the chairman, a citizens arm for media-based unofficial count, and party representatives:
- For certificates for President/Vice President/Senators/House members/elective provincial officials, seven (7) copies are prepared and distributed as specified in Section 29.
- For certificates for President/Vice President/Senators, seven (7) copies are prepared by specified canvassing boards and distributed as specified in Section 29.
Section 29 requires that certificates be supported by statements of votes by precinct or municipality depending on the board level, signed and thumbmarked by the chairman and members (and principal watchers if available), then sealed and placed in a sealed envelope.
Section 29 requires party recipients of certificates to furnish authentic copies to other parties with the least possible delay.

Congress canvass of authenticity and vote verification

Section 30 makes Congress the national board of canvassers for election of President and Vice President, and requires Congress to determine authenticity and due execution of certificates transmitted to it by local boards based on stated conditions: proper execution with signatures and thumbmarks; containing names of candidates and corresponding votes in words and figures; and no discrepancy among other authentic copies or in words/figures within a certificate.
Section 30 authorizes the Senate President to require personal delivery within two (2) days of election returns from polling places not included when a certificate appears incomplete.
Section 30 authorizes Congress, upon request of the concerned Presidential or Vice Presidential candidate or his party, to count votes as they appear in the copies of election returns submitted to it for the sole purpose of verifying actual number of votes cast for President and Vice President where there are erasures or alterations that may cast doubt and may affect the result.

Election personnel compensation and payment timing

Section 31 requires per diem payments for board of election inspectors:
- Two hundred pesos (P200.00) each for services on registration