Michelle Duguil

OMNIBUS ELECTION CODE

ARTICLE 1. GENERAL PROVISIONS

SECTION 1. TITLE

Omnibus Election Code of the Philippines


SECTION 2. ELECTION AND CAMPAIGN PERIODS

90 days ----- election ---- 30 days


Election period

**UNLESS otherwise fixed in special cases by the COMELEC
Period of CAMPAIGN:
o President and Vice President 90 days
o Members of BP and Local Elections 45 days
o Barangay 15 days
Campaign period shall NOT include the day before and day of the
elections
o GR: Campaign period = 45 days
o E: In case of special elections [Art. 8, section 5 (2) of the
Consti]

SECTION 4. OBLIGATION TO REGISTER AND VOTE

Obligation of every citizen qualified to vote to:
o Register
o Cast his vote

SECTION 5. POSTPONEMENT OF ELECTION

Serious causes that holding of a free, orderly and honest election
should be IMPOSSIBLE:
o Violence
o Terrorism
o Loss or destruction of election paraphernalia or records
o Force Majeure
o Analogous causes of such nature
COMELEC shall
o Motu proprio or upon verified complaint by any interest
party
o After due notice and hearing all interested parties be
afforded equal opportunity to be heard
o Shall POSTPONE the election
To a date which should be reasonable close to
the date of the election not held, suspended or
which resulted in failure of election
Not later than 30 days after the
cessation of the cause

SECTION 7. CALL OF SPECIAL ELECTION

1. IN CASE OF VACANCY IN THE BATASANG PAMBANSA
18 months or more before a regular election
Special election within 60 days after the vacancy occurs
To elect the Member to serve the unexpired term

2. DISSOLUTION OF THE BATASANG PAMBANSA
PRESIDENT shall call an election
Not be held earlier than 45 days no later than 60 days from
the date of such dissolution

COMELEC shall:
o Send sufficient copies of its resolution for the holding of
the election to for dissemination:
Provincial election supervisors
Election registrar
Who shall post copies thereof in at least
3 conspicuous places where public
meetings are held
In each city or municipality affected

SECTION 8. ELECTION CODE TO BE AVAILABLE IN POLLING PLACES
Printed copy (English/national language) of OEC
o Provided and made available by the COMELEC in EVERY
POLLING PLACE on the following days:
Registration
Revision
Election days

SECTION 9. OFFICIAL MAL AND TELEGRAM RELATIVE TO
ELECTIONS
Free of postage and sent by Registered special delivery mail:
o Papers connected with the election
o Required by OEC to be sent by PO in the performance of
their election duties
o Telegrams of the same nature
By government telecommunication and similar facilities
Duty of the following:
o Postmaster General
o Director of Bureau of Telecommunication
o Managers of Prive telecommunication companies
TO:
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o Transmit immediately and in preference to all other
communications or telegram messages reporting:
Election results
Other messages/ communication
Which the Commission may require or may be necessary
to ensure free, honest and orderly elections

SECTION 10. ELECTION EXPENSES

Expenses necessary and reasonable in connection with:
o Elections
o Referenda
o Plebiscites
o Other similar exercises
SHALL BE PAID BY THE COMMISSION
E: In Barangay Elections
Commission may direct that in PCM, election expenses chargeable
to the Commission be ADVANCED by the PCM concerned
o Subject to REIMBURSEMENT by the Commission
o Upon presentation of the proper bill
FUNDS needed by the COMELEC to defray expenses for the
holding of regular and special elections, referenda and plebiscite
shall be provided in the:
o REGULAR APPROPRIATIONS of the Commission
o Upon request: immediately released to the commission
In case of deficiency, amount shall be augmented from the
o SPECIAL ACTIVITIES FUNDS in the general
appropriations act and
o From those specifically appropriated for the purpose in
special laws

SECTION 11. FAILURE TO ASSUME OFFICE

Office of any official election considered vacant when:
o Official fails or refuses to take his oath of office
o Within 6 months from his proclamation
o E: if said failure is for a cause/s beyond his control

SECTION 12. DISQUALIFICATION

The following are disqualified to be a candidate or to hold any
office:
o Declared insane or incompetent by competent authority
o Sentenced by Final Judgment for:
Subversion
Insurrection
Rebellion
Offense with penalty of more than 18 months
Crime involving moral turpitude
E: He has been given plenary pardon or granted amnesty

Disqualifications provided shall be deemed REMOVED
o Upon declaration by competent authority that said insanity
or incompetence has been removed
o Or after the expiration of a period of 5 years from his
service of sentence
o E: If within the same period, he again becomes
disqualified

ARTICLE 7. THE COMMISSION ON ELECTIONS

SECTION 52. POWERS AND FUNCTIONS OF THE COMELEC

In addition to the powers and functions conferred upon it by the
Constitution
The COMELEC shall have exclusive charge of:
o the enforcement and administration of all laws relative to
the conduct of elections
o for the purpose of ensuring free, orderly and honest
elections

1. Exercise direct and immediate supervision and control over:
National and local officials or employees
Members of any national or local enforcement agency and
instrumentality of the government
o Required by law to perform duties relative to the
conduct of elections
It may authorize CMT cades
o 18 years of age and above
o to act as its deputies for the purpose of enforcing
its orders
COMELEC may relieve any of the abovementioned
officers who:
o Violate the election law
o Fails to comply with instructions, orders,
decisions or rulings
And appoint substitutes
May suspend or remove from office
o Upon recommendation of the COMELEC
o After due process
o Be found guilty of such violation or failure

2. Power to authorize:
The following:
o Members of the AFP
o NBI
o Integration National Police
To act as deputies for election
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During the period of campaign and ending 30 days
thereafter
When there are persons committing acts of terrorism
o To influence people to vote for or against any
candidate or political party
E: civilian home defense forces

3. Promulgate rules and regulations
Implementing the provisions of the OEC
Other laws which the COMELEC is required to enforce or
administer
Require the payment of legal fees
Collect the same in payment of any business done in the
commission
o At rates that it may provide and fix in its rules and
regulations
Rules and regulations promulgated by the Commission:
o Shall take effect on the 16
th
day after publication in the
OG or NP of GC
Orders and directives issued by the COMELEC pursuant to said
R&R shall:
o Be furnished by personal delivery to accredited political
parties
o Within 48 hrs. of issuance and shall take effect
immediately upon receipt
In case of conflict between:
o R&R, Order or directives of the Commission in the
exercise of their Consti powers -- PREVAILS
o Those issued by any other admin office or agency of the
government concerning the same matter relative to
election

3. When there is a controversy pending before the commission:
Summon the parties
Issue subpoena and subpoena duces tecum
Take testimony in any investigation or hearing before it
Delegate such power to any office of the Commission
o Who shall be a member of the Bar
In case of failure of witness to attend:
o Upon proof of service of the subpoena to said
witnesses
o Commission may issue a WOA
o Bring him to the commission or officer before
whom his attendance is required
Any controversy submitted to the Commission shall:
o After compliance with req. of due process
o Be immediately heard and decided within 60
days from submission thereof
GR: No decision or resolution shall be rendered by the
Commission either en banc or by division
o U: taken up in a formal session properly
convened for the purpose
The commission may avail the assistance:
o Of any national or local law enforcement agency
and/or instrumentality of the government
o To execute under its direct and immediate
supervision any of its final decision, orders,
instructions or rulings

4. Punish contempts
Provided for in the rules of court
In the same procedure and with the same penalties
provided therein
What constitutes contempt?
o Any violation of any final and executor decision,
order or ruling of the commission

5. Enforce and execute
Its decisions, directives, orders, and instruction
GR: Which shall have precedence over those emanating
from any other authority
o E: the Supreme Court and those issued in HB
proceedings

6. Prescribe the forms to be used in:
Election
Plebiscite
Referendum

7. Procure any of the following needed for the holding of election
by public bidding:
Supplies
Equipment
Materials or services

Prov: that if it finds the requirement of public bidding impractical to
observe by negotiations or sealed bid
In both cases, the accredited parties shall be duly notified

8. Prescribe the use or adoption of the latest technological and
electronic devices
Prov: the commission shall NOTIFY the authorized
representatives of accredited pol parties and candidates of
said use not less than 30 days prior to the effectivity of
the use of such devices


Michelle Duguil
9. Carry out a continuing and systematic campaign through:
Newspapers of general circulation
Radios
Other media forms
To:
Educate the public and fully inform the electorate about
elections laws, procedures, decisions and other matters:
o Relative to the work and duties of the
Commission
o Necessary for the clean, free, orderly and honest
electoral process

10. Enlist non-partisan group or organizations of citizen from the:
Civic, youth, professional, education, business or labor
sectors
To assist in the implementation of the provisions of those
code and other rules promulgated by the Commission
Under the direct and immediate control and supervision of
the COMELEC
FUNCTIONS:
A. BEFORE ELECTION DAY:
1. Information campaign and dissemination
Salient features of the OEC
ODR of the Comelec
2. Wage registration drives
3. Help cleans list of voters of illegal registrants
conduct house-to-house canvass if
necessary
take legal steps towards this end
4. Report to the Commission violations of this
code on the conduct of:
Political campaigns
Election propaganda
Electoral expenditures
B. ON ELECTION DAY:
1. Exhort all registered voters
To go to their polling places and vote
2. Nominate one watcher for accreditation in
each polling place and each place of canvass
Who shall have the same duties, functions
and rights as the other watchers of political
parties
GR: shall not be allowed to enter any polling
place
E: Its lone duty accredited watcher // To
vote // stay in the area at least 50
meters away from the polling place


3. Report to the peace authorities and
appropriate agencies:
Terrorism
Intimidation of voters
Other similar attempts to frustrate the free
and orderly casting of votes
4. Perform such other functions as may be
entrusted to them

Designation may be revoked by the Commission
o Upon notice and hearing
o Whenever G/O have shown partiality to any political
party or candidate
o Has performed acts in excess or in contravention of
the functions and duties

11. Conduct hearings
On controversies pending before it
Upon proper motion of any party
Taking into consideration the:
o Materiality and number of witnesses to be presented
o Situation prevailing in the area
o Fund available for the purpose

12. Fix other reasonable periods for:
Certain pre-election requirements
So that voters shall not be deprived of their right of suffrage
and rights granted by this code
Commission is authorized to appropriate period for the various
prohibited acts enumerated herein
o U: indicated in this code

SECTION 53. FIELD OFFICES OF THE COMMISSION

1. REGIONAL ELECTIONN OFFICE
Regional Election Director Head
Assistant Regional Director Assistant
Subordinate officers/employees appointed by the
commission
2. PROVINCIAL ELECTION OFFICE
Provincial Election Supervisor Head
Subordinate officers/employees appointed by the
commission
3. CITY/MUNICIPAL ELECTION OFFICE
City/Municipal Register Head
Election clerk Assistant
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Subordinate officers/employees appointed by the
commission
Delegation of powers and functions by the Commission to
the heads of its field offices


SECTION 54. QUALIFICATIONS

Member of the Philippine Bar eligible for appointment as:
o Regional director
o Asst. regional director
o Provincial election supervisor
o Election registrar
PROV HOWEVER:
o If there are no members of the Philippines Bar available
for appointment as Election registrar:
Graduates of duly recognized schools of law,
liberal arts, education or business admin
Who possess the appropriate civil service
eligibility
o E: In cities and in Towns

SECTION 55. OFFICE SPACE

LG shall provide a suitable place for the office of the provincial
elections supervisor (PES) and his staff and the election registrar
(ER) and his staff
o PROV: In case of failure of the LG to find suitable place
PES OR ER may lease another space for office
Upon prior authority of the commission and notice
to the LG concerned
Rentals = chargeable to the funds of the LG
concerned

SECTION 56. CHANGES IN THE COMPOSITION, DISTRIBUTION OR
ASSIGNMENT (CDA) OF FIELD OFFICES

Changes may be made whenever the exigencies of the service and
the interest FOH elections so require
o PROV:
Changes shall be effective and enforceable only
for the duration of the election period concerned
Shall NOT affect the tenure of office of the
incumbents of positions affect
Shall NOT constitute demotion either in rank or
salary, nor result in change of status
o PROV FURTHER:
No changes in the CDA within 30 days before
election
EXCEPT:
o For cause and after due
hearing and notice
In no case shall the abovementioned
officers be assigned to a place where he
and/or his spouse are related to any
candidate within the 4
th
civil degree of
consanguinity or affinity

SECTION 57. MEASURES TO ENSURE ENFORCEMENT

Powers duties and responsibilities:

1. Issue SW
After examination under oath or affirmation of the complainant
and the witnesses
2. Stop any illegal election activity
Confiscate, tear down or stop any unlawful, libelous misleading
or false election propaganda
After due notice and hearing
3. Inquire into the financial records of candidates and any orgs
Motu Proprio
Or upon written representation for probable cause
After due notice and hearing
Commission may avail the assistance of:
o Commission on Audit
o Cental Bank
o NBI
o BIR
o AFP
o Integrated National Police of the Philippines
o Barangay officials
o Other agencies of the government

SECTION 58. DISQUALIFICATION OF MEMBERS OF THE COMMISSION

Subject to the Canons of Judicial Ethics
o Chairman and members of the Commission
o In the discharge of their functions
No chairman or commissioner shall sit in a case
o In which he has manifested bias or prejudice for or
o Against or antagonism against any party thereto or
o He is disqualified under the ROC
If it be claimed that the C/C is disqualified
o Party objecting to his competency may file his objection
o In writing to the Commission
o Stating the grounds therefor
Official concerned
o Shall continue to participate in the hearing or
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o Withdrawn therefrom in according with his determination of
the question of his disqualification

Decision
o In writing
o Filed with the other papers of the case in according with
the ROC
If disqualification should result in a lack of quorum in the
commission sitting en banc
o Presiding justice of the Intermediate Appellate Court
Shall designate a justice of said court to sit in
said case
For the purpose of hearing and reach a decision
thereon

SECTION 59. PUBLICATION OF OFFICAL BALLOTS AND ELECTION
RETURNS AND PRINTING THEREOF

Publish at least 10 days before an election
In a newspaper of general circulation
Certified data on:
o The number of official ballots and election returns
o Names and addresses of the printers and the numbers
printed by each