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Election laws vis--vis the Omnibus Election Code or BP 881

RA 6646 or The Electoral Reforms Law of 1987


Section of the law Section/s of Amendment or repeal
BP 881
amended or
repealed

2 - Reenacted BP 881 as Section 2 thereof provides insofar as those provisions not inconsistent with this act

Sec. 4. Certificates of 75 In lieu of the additional copies of the certificate of candidacy equal to twice the number of polling places which a candidate is
Candidacy; Certified Lists of required to file under said Section 75,the Commission shall cause to be printed certified lists of candidates containing the names of
Candidates all registered candidates for each office to be voted for in each province, city or municipality immediately followed by the nickname
or stage name of each candidate duly registered in his certificate of candidacy and his political party affiliation, if any. Said list shall
be posted inside each voting booth during the voting period.

Whenever practicable, the board of inspectors shall cause said list of candidates to be written clearly and legibly on the blackboard
or on manila paper for posting at a conspicuous place inside the polling place.

The names of all registered candidates immediately followed by the nickname or stage name shall also be printed in the election
returns and tally sheets.
Sec. 5. Procedure in Cases of 69 a. A verified petition to declare a duly registered candidate as a nuisance candidate under Section 69 of Batas Pambansa Blg.
Nuisance Candidates. 881 shall be filed personally or through duly authorized representative with the Commission by any registered candidate
for the same office within five (5) days from the last day for the filing of certificates of candidacy. Filing by mail shall not
be allowed.

b. Within three (3) days from the filing of the petition, the Commission shall issue summons to the respondent candidate
together with a copy of the petition and its enclosures, if any.

c. The respondent shall be given three (3) days from receipt of the summons within which to file his verified answer (not a
motion to dismiss) to the petition, serving copy thereof upon the petitioner. Grounds for a motion to dismiss may be raised
as affirmative defenses.

d. The Commission may designate any of its officials who are lawyers to hear the case and receive evidence. The proceeding
shall be summary in nature. In lieu of oral testimonies, the parties may be required to submit position papers together
with affidavits or counter-affidavits and other documentary evidence. The hearing officer shall immediately submit to the
Commission his findings, reports, and recommendations within five (5) days from the completion of such submission of
evidence. The Commission shall render its decision within five (5) days from receipt thereof.

e. The decision, order, or ruling of the Commission shall, after five (5) days from receipt of a copy thereof by the parties, be
final and executory unless stayed by the Supreme Court.
f. The Commission shall within twenty-four hours, through the fastest available means, disseminate its decision or the
decision of the Supreme Court to the city or municipal election registrars, boards of election inspectors and the general
public in the political subdivision concerned.

Sec. 11. Prohibited Forms of 85 In addition to the forms of election propaganda prohibited under Section 85 of Batas Pambansa Blg. 881, it shall be
Election Propaganda unlawful:
a. to draw, paint, inscribe, write, post, display or publicly exhibit any election propaganda in any place, whether private or
public, except in the common poster areas and/or billboards provided in the immediately preceding section, at the
candidate's own residence, or at the campaign headquarters of the candidate or political party: Provided, That such
posters or election propaganda shall in no case exceed two (2) feet by three (3) feet in area: Provided, further, That at the
site of and on the occasion of a public meeting or rally, streamers, not more than two (2) and not exceeding three (3) feet
by eight (8) feet each may be displayed five (5) days before the date of the meeting or rally, and shall be removed within
twenty-four (24) hours after said meeting or rally; and
b. for any newspaper, radio broadcasting or television station, or other mass media, or any person making use of the mass
media to sell or to give free of charge print space or air time for campaign or other political purposes except to the
Commission as provided under Sections 90 and 92 of Batas Pambansa Blg. 881. Any mass media columnist, commentator,
announcer or personality who is a candidate for any elective public office shall take a leave of absence from his work as
such during the campaign period.

Sec. 12. Official Watchers. 179 In addition to their rights and duties under Section 179 of Batas Pambansa Blg. 881, the two principal watchers
representing the ruling coalition and the dominant opposition coalition in a precinct shall, if available affix their signatures and
thumbmarks on the election returns for that precinct. If both or either of them is not available, unwilling or should they refuse to do
so, any watcher present preferably with political affiliation or alignment compatible with that of the absent or unwilling watcher, may
be required by the board of election inspectors to do so.
Sec. 13. Board of Election 164 The board of election inspectors to be constituted by the Commission under Section 164 of Batas Pambansa Blg. 881 shall be
Inspectors. composed of a chairman and two (2) members, one of whom shall be designated as poll clerk, all of whom shall be public school
teachers, giving preference to those with permanent appointments. In case there are not enough public school teachers, teachers in
private schools, employees in the civil service, or other citizens of known probity and competence who are registered voters of the
city or municipality may be appointed for election duty.
Sec. 15. Signatures of 191 In addition to the preliminary acts before the voting as enumerated in Section 191 of Batas Pambansa Blg. 881, the
Chairman and Poll Clerk at chairman and the poll clerk of the board of election inspectors shall affix their signatures at the back of each and every official ballot
the Rack of Every Ballot to be used during the voting. A certification to that effect must be entered in the minutes of the voting.
Sec. 17. Certificate of Votes 235 and 236 The provisions of Sections 235 and 236 of Batas Pambansa Blg. 881 notwithstanding, the certificate of votes shall be
as Evidence. admissible in evidence to prove tampering, alteration, falsification or any anomaly committed in the election returns concerned,
when duly authenticated by testimonial or documentary evidence presented to the board of canvassers by at least two members of
the board of election inspectors who issued the certificate: Provided. That failure to present any certificate of votes shall not be a bar
to the presentation of other evidence to impugn the authenticity of the election returns.
Sec. 19. Number of Copies of 212 The election returns required under Section 212 of Batas Pambansa Blg. 881 shall be prepared in sextuplicate. The first
Election Returns and their copy shall be delivered to the city or municipal board of canvassers as a body for its use in the city or municipal canvass. The second
Distribution copy shall be delivered to the election registrar of the city or municipality for transmittal to the provincial board of canvassers for its
use in the provincial canvass. The third copy shall likewise be delivered to the election registrar for transmittal to the Commission.
The fourth copy, to be known as advance election returns, shall be delivered to the city or municipal treasurer who, in the presence
of the election registrar or his authorized representative, shall immediately and publicly open the same and post the votes therein in
an election board, sufficiently large to enable the public to read them, built on a public place preferably within the immediate vicinity
of the city hall or municipal building. The fifth copy shall be deposited in the compartment of the ballot box for valid ballots. The
sixth copy shall be delivered to the city or municipal trial judge or municipal circuit trial judge, as the case may be, or in his absence
to any official who may be designated by the Commission for safekeeping. Said copy may be opened during the canvass upon order
of the board of canvassers for purposes of comparison with other copies of the returns whose authenticity is in question.

The city or municipal treasurer shall issue certified copy of any election returns in his possession upon request of any interested
party and payment of the fees required by existing ordinances.
The Commission shall promulgate rules for the speedy and safe delivery or preservation of the election returns.
Sec. 20. Boards of Eliminating party representation in the board of canvassers
Canvassers.
Sec. 27. Election Offenses. 261 and 262 In addition to the prohibited acts and election offenses enumerated in Sections 261 and 262 of Batas Pambansa Blg. 881, as
amended, the following shall be guilty of an election offense:
a. Any person who causes the printing of official ballots and election returns by any printing establishment which is not under
contract with the Commission on Elections and any printing establishment which undertakes such unauthorized printing.
b. Any member of the board of election inspectors or board of canvassers who tampers, increases, or decreases the votes
received by a candidate in any election or any member of the board who refuses, after proper verification and hearing, to
credit the correct votes or deduct such tampered votes.
c. Any member of the board of election inspectors who refuses to issue to duly accredited watchers the certificate of votes
provided in Section 16 hereof.
d. Any person who violates Section 11 hereof regarding prohibited forms of election propaganda.
e. Any chairman of the board of canvassers who fails to give notice of meetings to other members of the board, candidate or
political party as required under Section 23 hereof.
f. Any person declared a nuisance candidate as defined under Section 69 of Batas Pambansa Blg. 881, or is otherwise
disqualified, by final and executory judgment, who continues to misrepresent himself, or holds himself out, as a candidate,
such as by continuing to campaign thereafter, and/or other public officer or private individual, who knowingly induces or
abets such misrepresentation, by commission or omission, shall be guilty of an election offense and subject to the penalty
provided in Section 264 of the same Code.

Sec. 28. Prosecution of Vote- many The presentation of a complaint for violations of paragraph (a) or (b) of Section 261 of Batas Pambansa Blg. 881 supported by
Buying and Vote-Selling. affidavits of complaining witnesses at testing to the offer or promise by or of the voter's acceptance of money or other consideration
from the relatives, leaders or sympathizers of a candidate, shall be sufficient basis for an investigation to be immediately conducted
by the Commission, directly or through its duly authorized legal officers, under Section 68 or Section 265 of said Batas Pambansa
Blg. 881.
Proof that at least one voter in different precincts representing at least twenty percent (20%) of the total precincts in any
municipality, city or province has been offered, promised or given money, valuable consideration or other expenditure by a
candidate's relatives, leaders and/or sympathizers for the purpose of promoting the election of such candidate, shall constitute a
disputable presumption of a conspiracy under paragraph (b) of Section 261 of Batas Pambansa Blg. 881.
Where such proof affects at least twenty percent (20%) of the precincts of the municipality, city or province to which the public
office aspired for by the favored candidate relates, the same shall constitute a disputable presumption of the involvement of such
candidate and of his principal campaign managers in each of the municipalities concerned, in the conspiracy.
The giver, offeror, and promisor as well as the solicitor, acceptor, recipient and conspirator referred to in paragraphs (a) and (b)
of Section 261 of Batas Pambansa Blg. 881 shall be liable as principals: Provided, That any person, otherwise guilty under said
paragraphs who voluntarily gives information and willingly testifies on any violation thereof in any official investigation or proceeding
shall be exempt from prosecution and punishment for the offenses with reference to which his information and testimony were
given: Provided, further, That nothing herein shall exempt such person from criminal prosecution for perjury or false testimony.
RA 7160 or "Local Government Code of 1991"
Section of the law Section/s of Amendment or repeal
BP 881
amended or
repealed

Section 93. Partisan Political - No local official or employee in the career civil service shall engage directly or indirectly in any partisan political activity or take part
Activity. in any election, initiative, referendum, plebiscite, or recall, except to vote, nor shall he use his official authority or influence to cause
the performance of any political activity by any person or body. He may, however, express his views on current issues, or mention
the names of certain candidates for public office whom he supports. Elective local officials may take part in partisan political and
electoral activities, but it shall be unlawful for them to solicit contributions from their subordinates or subject these subordinates to
any of the prohibited acts under the Omnibus Election Code.
65 Qualification of elective local officials elective provincial, city, municipal and brgy officials shall be those provided for in the Local
Government Code

Section 505. Funding. (a) All leagues shall derive its funds from contributions of member local government units and from fund-raising projects and
activities without the necessity of securing permits therefor: Provided, That the proceeds from said fund-raising projects and
activities shall be used primarily to fund the projects for which the said proceeds have been raised, subject to the pertinent provision
of this Code and the pertinent provisions of the Omnibus Election Code.

RA 6735 or Initiative And Referendum Act


Section of the law Section/s of Amendment or repeal
BP 881
amended or
repealed

Sec. 19. Applicability of the The Omnibus Election Code and other election laws, not inconsistent with the provisions of this Act, shall apply to all initiatives and
Omnibus Election Code. referenda.
RA 6735 or Synchronized National And Local Elections And For Electoral Reforms.
Section of the law Section/s of Amendment or repeal
BP 881
amended or
repealed

Sec. 7. Filing of Certificates of 77 The certificate of candidacy of any person running for the office of President, Vice-President, Senator, Member of the House of
Candidacy. Representatives or any elective provincial, city or municipal official shall be filed in five (5) legible copies with the offices of the
Commission specified hereunder not later than the day before the date legally fixed for the beginning of his campaign period.
a. The certificate of candidacy for President, Vice-President and Senators shall be filed with the main office of the Commission
in Manila;
b. The certificate of candidacy for the Members of the House of Representatives shall be filed with the provincial election
supervisor of the province concerned. Those for legislative districts in the National Capital Region shall be filed with the
regional election director of said region and those for legislative districts in cities outside the National Capital Region which
comprise one or more legislative districts shall be filed with the city election registrar concerned;
c. The certificate of candidacy for provincial offices shall be filed with the provincial supervisor concerned; and
d. The certificate of candidacy for city or municipal offices shall be filed with the city or municipal election registrar
concerned. Whenever practicable, the names of registered candidates for local positions shall be printed in the election
returns: Provided, That, if a candidate has been disqualified or declared a nuisance candidate, it shall be the duty of the
Commission to instruct without delay the appropriate election officials to delete the name of said candidate as printed in
the election return.
The certificate of candidacy shall be filed by the candidate personally or by his duly authorized representative. No certificate of
candidacy shall be filed or accepted by mail, telegram or facsimile.

Sec. 13. Authorized Expenses 100, 101 The agreement amount that a candidate or registered political party may spend for election campaign shall be as follows:
of Candidates and Political
Parties. For candidates. - Ten pesos (P10.00) for President and Vice-President; and for other candidates Three Pesos (P3.00) for every voter
currently registered in the constituency where he filed his certificate of candidacy: Provided, That a candidate without any political
party and without support from any political party may be allowed to spend Five Pesos (P5.00) for every such voter; and
For political parties. - Five pesos (P5.00) for every voter currently registered in the constituency or constituencies where it has
official candidates.
Any provision of law to the contrary notwithstanding any contribution in cash or in kind to any candidate or political party or coalition
of parties for campaign purposes, duly reported to the Commission shall not be subject to the payment of any gift tax.
Sec. 19. Consented 244 Parties adversely affected by a ruling of the board of canvassers on questions affecting the composition or proceedings of the board
Composition or Proceedings may appeal the matter to the Commission within three (3) days from a ruling thereon. The Commission shall summarily decided the
of the Board: Period to case within five (5) days from the filing thereof.
Appeal: Decision by the
Commission.

Sec. 21. Partial Proclamation. 247 Notwithstanding the pendency of any pre-proclamation controversy, the Commission may summarily order the proclamation of other
winning candidates whose election will not be affected by the outcome of the controversy.
Sec. 25. Manner of Counting 210 In addition to the requirement in the fourth paragraph of Section 12 of Republic Act No. 6646 ad Section 210 of the Omnibus
Votes. Election Code, in reading the individual official ballots during the counting, the chairman, the poll clerk and the third member shall
assume such positions as to provide the watchers and the members of the public as may be conveniently accommodated in the
polling place, an unimpeded view of the ballot being read by the chairman, of the election return and the tally board being
simultaneously accomplished by the poll clerk and the third member respectively, without touching any of these election documents.
The table shall be cleared of all unnecessary writing paraphernalia. Any violation of this requirement shall constitute an election
offense punishable under Sections 263 and 264 of the Omnibus Election Code.
Sec. 27. Number of Copies of The board of election inspectors shall prepare in handwriting the election returns in their respective polling places, in the number of
Election Returns and their copies herein provided and in the form to be prescribed and provided by the Commission.
Distribution. The copies of the election returns shall be distributed as follows:
a. In the election of President, Vice-President, Senators and Members of the House of Representatives:
1. The first copy shall be delivered to the city or municipal board of canvassers;
2. The second copy to the Congress, directed to the President of the Senate;
3. The third copy, to the Commission;
4. The fourth copy, to the provincial board of canvassers;
5. The fifth copy, to be known as advance election returns, shall be delivered to the city or municipal treasurer
who, in the presence of the election registrar or his authorized representative, shall immediately and publicly
open the same and post the votes therein in an election tally board sufficiently large to enable the public to read
them, built on the public place preferably within the immediate vicinity of the city hall or municipal building.
6. The sixth copy shall be given to the city or municipal trial court judge or in his absence to any official who may
be designated by the Commission. The city or municipal trial court judge or the official designated by the
Commission shall keep his copies of the election returns, sealed and unopened. Said copy may be opened only
during the canvass upon order of the board of canvassers for purposes of comparison with other copies of the
returns whose authenticity is in question; and
7. The seventh copy shall be deposited inside the compartment of the ballot box for valid ballots; and
b. In the election of local officials:
1. The first copy shall be delivered to the city or municipal board of canvassers;
2. The second copy, to the Commission;
3. The third copy, to the provincial board of canvassers;
4. The fourth copy, to be known as advance election returns, shall be delivered to the city or municipal treasurer
who, in the presence of the election registrar or his authorized representative, shall immediately and publicly
open the same and post the votes therein in an election tally board sufficiently large to enable the public to read
them, built on a public place preferably within the immediate vicinity of the city hall or municipal building;
5. The fifth copy shall be given to the city or municipal trial court judge or in his absence, to any official who may
be designated by the Commission. The city or municipal trial court judge or the official designated by the
Commission shall keep his copies of the election returns, sealed and unopened. Said copy may be opened only
during the canvass upon order of the board of canvassers for purposes of comparison with other copies of the
returns whose authenticity is in question; and
6. The sixth copy shall be deposited inside the compartment of the ballot box for valid ballots.

Sec. 39. Amending and Section 107, 108 and 245 of the Omnibus Election Code are hereby repealed. Likewise, the inclusion in Section 262 of the Omnibus
Repealing Clause Election Code of the violations of Sections 105, 106, 107, 108, 109, 110, 111 and 112 as among election offenses is also hereby
repealed. This repeal shall have retroactive effect.
RA 8171 or The Electoral Reforms Law of 1987
Section of the law Section/s of Amendment or repeal
BP 881
amended or
repealed

1 and 2 Registration, SECTION 1. Filipino women who have lost their Philippine citizenship by marriage to aliens and natural-born Filipinos who have lost
since these their Philippine citizenship, including their minor children, on account of political or economic necessity, may reacquire Philippine
Filipino citizens citizenship through repatriation in the manner provided in Section 4 of Commonwealth Act No. 63, as amended: Provided, That the
are repatriated applicant is not a: (1) Person opposed to organized government or affiliated with any association or group of persons who uphold
and teach doctrines opposing organized government; (2) Person defending or teaching the necessity or propriety of violence,
personal assault, or association for the predominance of their ideas; (3) Person convicted of crimes involving moral turpitude; or (4)
Person suffering from mental alienation or incurable contagious diseases. SEC. 2. Repatriation shall be effected by taking the
necessary oath of allegiance to the Republic of the Philippines and registration in the proper civil registry and in the Bureau of
Immigration. The Bureau of Immigration shall thereupon cancel the pertinent alien certificate of registration and issue the certificate
of identification as Filipino citizen to the repatriated citizen

RA 8295 or AN ACT PROVIDING FOR THE PROCLAMATION OF A LONE CANDIDATE FOR ANY
ELECTIVE OFFICE IN A SPECIAL ELECTION, AND FOR OTHER PURPOSES
Section of the law Section/s of Amendment or repeal
BP 881
amended or
repealed

Sec. 2. Proclamation of a lone


candidate
Upon the expiration of the deadline for the filing of the certificates of candidacy in a special election called to fill a vacancy in an

elective position other than for President and Vice President, when there is only one (1) qualified candidate for such position, the

lone candidate shall be proclaimed elected to the position by proper proclaiming body of the Commission on Elections without

holding the special election upon certification by the Commission on Elections that he is the only candidate for the office and is

thereby deemed elected

Sec. 3. Assumption of office. - In the absence of any lawful ground to deny due course or cancel the certificate of candidacy in order to prevent such
proclamation, as provided for under Sec.s 69 and 78 of Batas Pambansa Bilang 881 also known as the Omnibus Election Code of the
Philippines, the candidate referred to in the preceding paragraph shall assume office not earlier than the scheduled election day.
Certificates of candidacy filed in violation hereof shall not be given due course. For this purpose, the Commission shall decide
petitions for disqualifications not later than election day; otherwise, such petitions shall be deemed dismissed.
Sec. 4. Disqualification - In addition to the disqualifications mentioned in Sec.s 12 and 68 of the Omnibus Election Code and Sec. 40 of Republic Act No.
7160, otherwise known as the Local Government Code, whenever the evidence of guilt is strong, the following persons are
disqualified to run in a special election called to fill the vacancy in an elective office, to wit:
a) Any elective official who has resigned from his office by accepting an appointive office or for whatever reason which he previously
occupied but has caused to become vacant due to his resignation; and
b) Any person who, directly or indirectly, coerces, bribes, threatens, harasses, intimidates or actually causes, inflicts or produces any
violence, injury, punishment, torture, damage, loss or disadvantage to any person or persons aspiring to become a candidate or that
of the immediate member of his family, his honor or property that is meant to eliminate all other potential candidate.
Sec. 5. Prohibited acts, Any act of coercion, bribery, threat, harassment, intimidation, terrorism, or actually causing, inflicting or producing violence, injury,
election offenses and punishment, torture, damage, loss or disadvantage to discourage any other person or persons from filing a certificate of candidacy in
penalties. order to eliminate all other potential candidate from running in a special election shall constitute as an election offense. Violations of
this provision shall be prosecuted and penalized in accordance with the provision of Sec. 264 of the Omnibus Election Code.
Republic Act No. 8436 AN ACT AUTHORIZING THE COMMISSION ON ELECTIONS TO USE AN AUTOMATED ELECTION SYSTEM IN THE MAY 11, 1998 NATIONAL OR LOCAL
ELECTIONS AND IN SUBSEQUENT NATIONAL AND LOCAL ELECTORAL EXERCISES, PROVIDING FUNDS THEREFOR AND FOR OTHER PURPOSES

Section of the law Section/s of laws Amendment or repeal


amended or repealed

Section Section 166 of BP 881 Added- he/she is related within the fourth civil degree of consanguinity or affinity to any member of the board of election
3. Qualifications, inspectors or any special member of the same board of Election Inspector or to any candidate for a national position or to
rights and limitations a nominee as a party list representative or his/her spouse.
of the special
members of the Board
of Election Inspectors Repealed- He must be able to speak and write English or the local dialect.1

Sec. 5. Board of Section 221 of BP 881 Amended- For purposes of the May 11, 1998 elections, each province, city or municipality shall have two (2) board of
Canvassers canvassers, one for the manual election system under the existing law, and the other, for the automated system

Sec. 11. Official ballot Section 75. Filing and


distribution of certificate Viz sec 75 For this purpose, the deadline for the filing of certificate of candidacy/petition for registration/manifestation to participate
of candidacy in the election shall not be later than one hundred twenty (120) days before the elections: Provided, That, any elective official,
whether national or local, running for any office other than the one which he/she is holding in a permanent capacity, except for
Section 181. Official president and vice-president, shall be deemed resigned only upon the start of the campaign period corresponding to the position for
ballots which he/she is running: Provided, further, That, unlawful acts or omissions applicable to a candidate shall take effect upon the start
of the aforesaid campaign period: Provided, finally, That, for purposes of the May 11, 1998 elections, the deadline for filing of the
Section certificate of candidacy for the positions of President, Vice President, Senators and candidates under the Party-List System as well as
183. Requisition of petitions for registration and/or manifestation to participate in the Party-List System shall be on February 9, 1998 while the deadline
official ballots and for the filing of certificate of candidacy for other positions shall be on March 27, 1998.
election returns.

Section 184. Printing of


official ballots and
Viz 181- The Commission shall prescribe the size and form of the official ballot which shall contain the titles of the positions to be
elections returns
filled and/or the propositions to be voted upon in an initiative, referendum or plebiscite. Under each position, the names of
candidates shall be arranged alphabetically by surname and uniformly printed using the same type size. A fixed space where the
All of BP 881
chairman of the Board of Election inspectors shall affix his/her signature to authenticate the official ballot shall be provided.

Viz 183- The official ballots shall be printed and distributed to each city/municipality at the rate of one (1) ballot for every registered
voter with a provision of additional four (4) ballots per precinct.

Viz 184- The official ballots shall be printed by the National Printing Office and/or the Bangko Sentral ng Pilipinas at the price
comparable with that of private printers under proper security measures which the Commission shall adopt. The Commission may
contract the services of private printers upon certification by the National Printing Office/Bangko Sentral ng Pilipinas that it cannot
meet the printing requirements. Accredited political parties and deputized citizens' arms of the Commission may assign watchers in
the printing, storage and distribution of official ballots.

Sec. 12. Substitution Viz Section


of candidates. 77. Candidates in case Added- In case of valid substitutions after the official ballots have been printed, the votes cast for the substituted candidates shall be
of death, disqualification considered votes for the substitutes.
or withdrawal of another

Sec. 13. Ballot box Section 160. Ballot


boxes There shall be in each precinct on election day a ballot box with such safety features that the Commission may prescribe and of such
size as to accommodate the official ballots without folding them.

For the purpose of the May 11, 1998 elections, there shall be two (2) ballot boxes for each precinct, one (1) for the national ballots
and one (I) for the local ballots.

Sec. 14. Procedure in Section 194. Manner of


voting obtaining ballots Viz 194- - The voter shall be given a ballot by the chairman of the Board of Election Inspectors.

Section 195. Manner of


preparing the ballot. Viz 195- After the voter has voted, he/she shall affix his/her thumbmark on the corresponding space in the voting record. The
chairman shall apply indelible ink on the voter's right forefinger and affix his/her signature in the space provided for such purpose in
Section 197. Spoiled the ballot. The voter shall then personally drop his/her ballot on the ballot box.
ballots
Viz 197- If a voter spoils his/her ballot, he/she may be issued another ballot subject to Section 11 of this Act. No voter may be
Section 198. Voting. allowed to change his/her ballot more than once.

Viz 198- The voter shall be given a ballot by the chairman of the Board of Election Inspectors. The voter shall then proceed to a
voting booth to accomplish his/her ballot.

For the purpose of the May 11, 1998 elections, each voter shall be given one (1) national and one (1) local ballot by the
Chairperson. The voter shall, after casting his/her vote, personally drop the ballots in their respective ballot boxes.

Sec. 17. Counting Section 206. Counting a. The counting of votes shall be public and conducted in the designated counting center(s).
procedure. to be public and without
interruption.

b. The ballots shall be counted by the machine by precinct in the order of their arrival at the counting center. The election officer
or his/her representative shall log the sequence of arrival of the ballot boxes and indicate their condition. Thereafter, the
board shall, in the presence of the watchers and representatives of accredited citizens' arm, political parties/candidates, open
the ballot box, retrieve the ballots and minutes of voting. It shall verify whether the number of ballots tallies with the data in
the minutes. If there are excess ballots, the poll clerk, without looking at the ballots, shall publicly draw out at random ballots
equal to the excess and without looking at the contents thereof, place them in an envelope which shall be marked "excess
ballots". The envelope shall be sealed and signed by the members of the board and placed in the compartment for spoiled
ballots.

c. The election officer or any authorized official or any member of the board shall feed the valid ballots into the machine without
interruption until all the ballots for the precincts are counted.

d. The board shall remain at the counting center until all the official ballots for the precinct are counted and all reports are
properly accomplished.

For the purpose of the May 11, 1998 elections, the ballots shall be counted by precinct by the special members of the board in the
manner provided in paragraph (b) hereof.

Sec. 18. Election Section 212. Election


returns. returns. After the ballots of the precincts have been counted, the election officer or any official authorized by the Commission shall, in the
presence of watchers and representatives of the accredited citizens' arm, political parties/ candidates, if any, store the results in a
data storage device and print copies of the election returns of each precinct. The printed election returns shall be signed and
thumbmarked by the fourth member and COMELEC authorized representative and attested to by the election officer or authorized
representative. The Chairman of the Board shall then publicly read and announce the total number of votes obtained by each
candidate based on the election returns.

Thereafter, the copies of the election returns shall be sealed and placed in the proper envelopes for distribution as follows:

A. In the election of president, vice-president, senators and party-list system:

1. The first copy shall be delivered to the city or municipal board of canvassers;

2. The second copy, to the Congress, directed to the President of the Senate;
3. The third copy, to the Commission;

4. The fourth copy, to the citizens' arm authorized by the Commission to conduct an unofficial count. In the conduct of
the unofficial quick count by any accredited citizens' arm, the Commission shall promulgate rules and regulations to
ensure, among others, that said citizens' arm releases in the order of their arrival one hundred percent (100%)
results of a precinct indicating the precinct, municipality or city, province and region: Provided, however, that, the
count shall continue until all precincts shall have been reported

5. The fifth copy, to the dominant majority party as determined by the Commission in accordance with law;

6. The sixth copy, to the dominant minority party as determined by the Commission in accordance with law; and

7. The seventh copy shall be deposited inside the compartment of the ballot box for valid ballots.

The citizens' arm shall provide copies of the election returns at the expense of the requesting party.

For the purpose of the May 11, 1998 elections, after the national ballots have been counted, the COMELEC authorized
representative shall implement the provisions of paragraph A hereof.

B. In the election of local officials and members of the House of Representatives:

1. The first copy shall be delivered to the city or municipal board of canvassers;

2. The second copy, to the Commission;


3. The third copy, to the provincial board of canvassers;

4. The fourth copy, to the citizens' arm authorized by the Commission to conduct an unofficial count. In the conduct of
the unofficial quick count by any accredited citizens' arm, the Commission shall promulgate rules and regulations to
ensure, among others, that said citizens' arm releases in the order of their arrival one hundred percent (100%)
results of a precinct indicating the precinct, municipality or city, province and region: Provided, however, That, the
count shall continue until all precincts shall have been reported.

5. The fifth copy, to the dominant majority party as determined by the Commission in accordance with law;

6. The sixth copy, to the dominant minority party as determined by the Commission in accordance with law; and

7. The seventh copy shall be deposited inside the compartment of the ballot box for valid ballots.

The citizens' arm shall provide copies of election returns at the expense of the requesting party.

After the votes from all precincts have been counted, a consolidated report of votes for each candidate shall be printed.

After the printing of the election returns, the ballots shall be returned to the ballot box, which shall be locked, sealed and delivered
to the city/municipal treasurer for safekeeping. The treasurer shall immediately provide the Commission and the election officer with
a record of the serial numbers of the ballot boxes and the corresponding metal seals.

Sec. 19. Custody and Section 162. Furnishing


accountability of of ballot boxes, forms, Repealed 2nd paragraph- The election officer and the treasurer of the city/municipality as deputy of the Commission shall have joint
ballots stationeries and custody and accountability of the official ballots, accountable forms and other election documents as well as ballot boxes containing
materials for election the official ballots cast. The ballot boxes shall not be opened for three (3) months unless the Commission orders otherwise.
Sec. 20. Substitution Section 226. Incapacity
of Chairman and and substitution of In case of non-availability, absence, disqualification due to relationship, or incapacity for any cause of the chairman, the Commission
Members of the Board members of boards of shall appoint as substitute, a ranking lawyer of the Commission. With respect to the other members of the board, the Commission
of Canvassers. canvassers. shall appoint as substitute the following in the order named: the provincial auditor, the register of deeds, the clerk of court
nominated by the executive judge of the regional trial court, or any other available appointive provincial official in the case of the
provincial board of canvassers; the officials in the city corresponding to those enumerated in the case of the city board of
canvassers; and the municipal administrator, the municipal assessor, the clerk of court nominated by the judge of the municipal trial
court, in the case of the municipal board of canvassers.

Sec. 21. Canvassing Section


by Provincial, City, 214. Disposition of The city or municipal board of canvassers shall canvass the votes for the president, vice-president, senators, and parties,
District and Municipal election returns. organizations or coalitions participating under the party-list system by consolidating the results contained in the data storage devices
Boards of Canvassers used in the printing of the election returns. Upon completion of the canvass, it shall print the certificate of canvass of votes for
president, vice-president, senators and members of the House of Representatives and elective provincial officials and thereafter,
proclaim the elected city or municipal officials, as the case may be.

The city board of canvassers of cities comprising one (1) or more legislative districts shall canvass the votes for president, vice-
president, senators, members of the House of Representatives and elective city officials by consolidating the results contained in the
data storage devices used in the printing of the election returns. Upon completion of the canvass, the board shall print the canvass
of votes for president, vice-president, and senators and thereafter, proclaim the elected members of the House of Representatives
and city officials.

In the Metro Manila area, each municipality comprising a legislative district shall have a district board of canvassers which shall
canvass the votes for president, vice-president, senators, members of the House of Representatives and elective municipal officials
by consolidating the results contained in the data storage devices used in the printing of the election returns. Upon completion of the
canvass, it shall print the certificate of canvass of votes for president, vice-president, and senators and thereafter, proclaim the
elected members of the House of Representatives and municipal officials.

Each component municipality in a legislative district in the Metro Manila area shall have a municipal board of canvassers which shall
canvass the votes for president, vice-president, senators, members of the House of Representatives and elective municipal officials
by consolidating the results contained in the data storage devices used in the printing of the election returns. Upon completion of the
canvass, it shall prepare the certificate of canvass of votes for president, vice-president, senators, members of the House of
Representatives and thereafter, proclaim the elected municipal officials.

The district board of canvassers of each legislative district comprising two (2) municipalities in the Metro Manila area shall canvass
the votes for president, vice-president, senators and members of the House of Representatives by consolidating the results
contained in the data storage devices submitted by the municipal board of canvassers of the component municipalities. Upon
completion of the canvass, it shall print a certificate of canvass of votes for president, vice-president and senators and thereafter,
proclaim the elected members of the House of Representatives in the legislative district.

The district/provincial board of canvassers shall canvass the votes for president, vice-president, senators, members of the House of
Representatives and elective provincial officials by consolidating the results contained in the data storage devices submitted by the
board of canvassers of the municipalities and component cities. Upon completion of the canvass, it shall print the certificate of
canvass of votes for president, vice-president and senators and thereafter, proclaim the elected members of the House of
Representatives and the provincial officials.

The municipal, city, district and provincial certificates of canvass of votes shall each be supported by a statement of votes.
The Commission shall adopt adequate and effective measures to preserve the integrity of the data storage devices at the various
levels of the boards of canvassers.

Section 15 Canvass of a. Viz section 15- The certificate of canvass of votes for president, vice-president, senators, members of the House of
Sec. 22. Number of votes for President and Representatives, parties, organizations or coalitions participating under the party-list system and elective provincial officials
copies of Certificates Vice-President by the shall be printed by the city or municipal board of canvassers and distributed as follows:
of Canvass of Votes provincial or city board
and their of canvassers.
distribution. - 1. Viz sec 231 The first copy shall be delivered to the provincial board of canvassers for use in the canvass of election
Section 231. Canvass results for president, vice-president, senators, members of the House of Representatives, parties, organizations or
by the board. coalitions participating under the party-list system and elective provincial officials;

2. The second copy shall be sent to the Commission;

3. The third copy shall be kept by the chairman of the board; and

4. The fourth copy shall be given to the citizens' arm designated by the Commission to conduct an unofficial count. It
shall be the duty of the citizens' arm to furnish independent candidates copies of the certificate of canvass at the
expense of the requesting party.

The board of canvassers shall furnish all registered parties copies of the certificate of canvass at the expense of the
requesting party.

b. The certificate of canvass of votes for president, vice-president and senators, parties, organizations or coalitions participating
under the party-list system shall be printed by the city boards of canvassers of cities comprising one or more legislative
districts, by provincial boards of canvassers and by district boards of canvassers in the Metro Manila area, and other highly
urbanized areas and distributed as follows:

1. The first copy shall be sent to Congress, directed to the President of the Senate for use in the canvas of election
results for president and vice-president;
2. The second copy shall be sent to the Commission for use in the canvass of the election results for senators;

3. The third copy shall be kept by the chairman of the board; and

4. The fourth copy shall be given to the citizens' arm designated by the Commission to conduct an unofficial count. It
shall be the duty of the citizens' arm to furnish independent candidates copies of the certificate of canvass at the
expense of the requesting party.

The board of canvassers shall furnish all registered parties copies of the certificate of canvass at the expense of the
requesting party.

c. The certificates of canvass printed by the provincial, district, city or municipal boards of canvassers shall be signed and
thumbmarked by the chairman and members of the board and the principal watchers, if available. Thereafter, it shall be
sealed and placed inside an envelope which shall likewise be properly sealed.

In all instances, where the Board of Canvassers has the duty to furnish registered political parties with copies of the certificate of
canvass, the pertinent election returns shall be attached thereto, where appropriate.

Section 15 Canvass of Viz 16- The Senate and the House of Representatives in joint public session shall compose the national board of canvassers
Sec. 24. Congress as votes for President and for president and vice-president.
the National Board of Vice-President by the
Canvassers for provincial or city board
President and Vice- of canvassers. Viz The returns of every election for president and vice-president duly certified by the board of canvassers of each province or city,
President shall be transmitted to the Congress, directed to the president of the Senate. Upon receipt of the certificates of canvass, the
Section 16 Counting of president of the Senate shall, not later than thirty (30) days after the day of the election, open all the certificates in the presence of
votes for President and the Senate and the House of Representatives in joint public session and the Congress upon determination of the authenticity and the
Vice-President by the due execution thereof in the manner provided by law, canvass all the results for president and vice-president by consolidating the
Batasang Pambansa results contained in the data storage devices submitted by the district, provincial and city boards of canvassers and thereafter,
proclaim the winning candidates for president and vice-president.
Section
20 Proclamation of the
President-elect and Vice-
President-elect
RA 9006 Fair Elections Act
Section of the law Section/s of laws Amendment or repeal
amended or repealed
67, 35 Expressly repealed Sec 67 and 35
Section 67. Candidates holding elective office. - Any elective official, whether national or local, running for any office other than the
one which he is holding in a permanent capacity, except for President and Vice-President, shall be considered ipso facto resigned
from his office upon the filing of his certificate of candidacy.
Section 85- Prohibited Forms of Election propaganda. Pahmplets, publication, etc. now allowed in 9006 but limits are also laid
down under 9006
Sec 11 of 8436 Rendered ineffective (the prescribed forms of ballot)

Sec 10 and 11 of RA Repealed (common poster areas, prohibited forms of election propaganda
6646

Over-all Lifted political ad ban and changed the manner of filing of certificate of candidacy

RA 8524 An act changing the term of office of barangay officials and members of the Sanguniang Kabataan from 3 5 years

Sec 43 of RA 7160

RA 9189 Overseas Voting Act

-Introduced Absentee Voting


-Qualified Citizens of the Philippines abroad who registered under RA 8189 shall apply for absentee voters certificate

RA 9244 - AN ACT ELIMINATING THE PREPARATORY RECALL ASSEMBLY AS A MODE OF INSTITUTING RECALL OF ELECTIVE LOCAL GOVERNMENT OFFICIALS

Section 1 and 2 Sec. 70 of Republic Acts THE PREPARATORY RECALL ASSEMBLY AS A MODE OF INSTITUTING RECALL OF ELECTIVE LOCAL GOVERNMENT OFFICIALS is
No. 7160, otherwise eliminated.
known as the Local Note: Before there are two modes of instituting recall.
Government Code of 1. Through preparatory recall (eliminated by RA 9244)
1991 2. Petition of registered voters through corresponding percentage requirement (BP337)
RA 9369- AN ACT AUTHORIZING THE COMMISSION ON ELECTIONS TO USE AN AUTOMATED ELECTION SYSTEM IN THE MAY 11, 1998

All Section 1-4 of RA 8436 It amended the definition of terms, board of election inspectors. And Section 4 was deleted. The rest was renumbered.
(first Automated system
law)
Sec 3 BOARD OF Section 3 of RA 8436 Repealed the BEI qualificationsto wit;
ELECTION
INSPECTORS
SEC 3. Board of Election Inspectors. - Where AES shall be adopted, at least one member of the Board of Election Inspectors shall be
an information technology-capable person, who is trained or certified by the DOST to use the AES. Such certification shall be issued
by the DOST, free of charge."

Sec 28 Sec 29 of RA 8436 Added election offenses:


ADDED ELECTION "(d) Refusal of the citizens' arm to present for perusal its copy of election return to the board of canvassers;
OFFENSES "(e) Presentation by the citizens' arm of tampered or spurious election returns;
"(f) Refusal or failure to provide the dominant majority and dominant minority parties or the citizens' arm their copy of election
returns; and
"(g) The failure to post the voters' list within the specified time, duration and in the designated location shall constitute an election
offense on the part [of] the election officer concerned."
"Any person convicted for violation of this Act, except those convicted of the crime of electoral sabotage, shall be penalized with
imprisonment of eight years and one day to twelve (12) years without possibility of parole, and perpetual disqualification to hold
public office and deprivation of the right of suffrage. Moreover, the offender shall be perpetually disqualified to hold any non-elective
public office."

Sec 5 BOARD OF Sec 5 BOARD OF CANVASSERS


CANVASSERS Before: two (2) board of canvassers, one for the manual election system under the existing law, and the other, for the automated
system.
New provision:
To implement the AES, each board of canvassers shall be assisted by an information technology-capable person authorized to
operate the equipment adopted for the elections. The Commission shall deputize information technology personnel from among the
agencies and instrumentalities of the government, including government-owned and controlled corporations. The per diem of the
deputized personnel shall be the same as that of the members of the board of canvassers."
Sec 8,9,10,11 added Introduced the advisory council and technical committee with qualifications and power

Section 13 official Section 14 Amended the official ballot


ballot New provision: Official Ballot. - The Commission shall prescribe the format of the electronic display and/or the size and form of the
official ballot, which shall contain the titles of the position to be filled and/or the propositions to be voted upon in an initiative,
referendum or plebiscite. Where practicable, electronic displays must be constructed to present the names of all candidates for the
same position in the same page or screen, otherwise, the electronic displays must be constructed to present the entire ballot to the
voter, in a series of sequential pages, and to ensure that the voter sees all of the ballot options on all pages before completing his or
her vote and to allow the voter to review and change all ballot choices prior to completing and casting his or her ballot. Under each
position to be filled, the names of candidates shall be arranged alphabetically by surname and uniformly indicated using the same
type size. The maiden or married name shall be listed in the official ballot, as preferred by the female candidate. Under each
proposition to be voted upon, the choices should be uniformly indicated using the same font and size.

"A fixed space where the chairman of the board of election inspectors shall affix his/her signature to authenticate the official ballot
shall be provided.

"For this purpose, the Commission shall set the deadline for the filing of certificate of candidacy/petition of registration/manifestation
to participate in the election. Any person who files his certificate of candidacy within this period shall only be considered as a
candidate at the start of the campaign period for which he filed his certificate of candidacy: Provided, That, unlawful acts or
omissions applicable to a candidate shall take effect only upon the start of the aforesaid campaign period: Provided, finally, That any
person holding a public appointive office or position, including active members of the armed forces, and officers and employees in
government-owned or -controlled corporations, shall be considered ipso facto resigned from his/her office and must vacate the same
at the start of the day of the filing of his/her certificate of candidacy.

"Political parties may hold political conventions to nominate their official candidates within thirty (30) days before the start of the
period for filing a certificate of candidacy.

"With respect to a paper-based election system, the official ballots shall be printed by the National Printing Office and/or the Bangko
Sentral ng Pilipinas at the price comparable with that of private printers under proper security measures which the Commission shall
adopt. The Commission may contract the services of private printers upon certification by the National Printing Office/Bangko Sentral
ng Pilipinas that it cannot meet the printing requirements. Accredited political parties and deputized citizen's arms of the Commission
shall assign watchers in the printing, storage and distribution of official ballots.

"To prevent the use of fake ballots, the Commission through the Committee shall ensure that the necessary safeguards, such as, but
not limited to, bar codes, holograms, color shifting ink, microprinting, are provided on the ballot.

"The official ballots shall be printed and distributed to each city/municipality at the rate of one ballot for every registered voter with a
provision of additional three ballots per precinct."
Sec 24 Random Random Manual Audit. - Where the AES is used, there shall be a random manual audit in one precinct per congressional district
Manual audit added randomly chosen by the Commission in each province and city. Any difference between the automated and manual count will result
in the determination of root cause and initiate a manual count for those precincts affected by the computer or procedural error."
Sec 17

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