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Election Offenses
Reporters: Group 4 Retuya, Lawrence Regudo, Marisa B. Robel, Richard Rosalada, Georich Samonte, Debbie Soriano, Andrew T. Sumile, Laila Mae Suson, Amy Faith Click to edit Master subtitle style Ursabia, Amor

Chapter 1 Introduction To Election Offenses


What are the election laws that provide for election offenses:
1. BP Blg. 881 The Omnibus Election Code of the

Philippines 2. RA 6646 :The Electoral Reforms Law of 1987 3. RA 7166 An Act providing for Synchronized National and Local Elections and for Electoral reforms, authorizing appropriations, therefore, and for other purposes 4. RA 8189 The Voters Registration Act of 1996
3/18/12 5. RA 8295 An Act providing For the proclamation of

What Offenses are Punishable in the Philippines? Ans. Only those expressly made punishable w/ penalties as provided by law can be considered as offenses. What is the basis of the power to define and punish crimes? Ans. The states police power is the basis. What are the limitations of the power of the lawmaking body to enact penal legislation? Ans. The Bill of Rights of the 1987 Constitution provides the following limitations:
3/18/12 1. No ex post facto law or bill of attainder shall

Who has the power to prosecute election offenses? Ans. Prior to RA 9369, such power is vested exclusively to the COMELEC.However, RA 9369 states the commission shall, through its duly authorized legal officers, have the power, concurrent with the other prosecuting arms of the government, to conduct preliminary investigation of all election offenses punishable under this code, and prosecute the same. Can a citizen or public officer make a warrantless arrest in connection w/ an offense relating to election campaign? Ans. No.
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Who has jurisdiction to try and decide election offenses? Ans.: The RTC shall have the exclusive original jurisdiction to try and decide any criminal action or proceedings for the violation of the Omnibus Election Code. What is the rule on preferential disposition of election offenses? Ans. The investigation and prosecution of cases involving violations of the election laws shall be given preference and priority by the COMELEC and prosecuting officials. What is required before a pardon, amnesty, parole or suspension of sentence for violation of 3/18/12 election laws, rules and regulations may be

WHO ARE CONSIDERED AS CANDIDATES:

Any person aspiring for an elective public

office who has filed a certificate of candidacy by himself, by his authorized representative or through an accredited political party or coalition of parties. eligible for any elective office unless he files his sworn statement of candidacy within the period fixed by law start of the campaign period for which he filed his certificate of candidacy

The law requires that no person shall be

They are considered only as candidate at the


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WHAT IS A CERTIFICATE OF CANDIDACY


Is a statement of a person seeking to run for

public office certifying that he announces his candidacy for the office mentioned and that he is eligible for the office, his political party, if any, and his office address for all election purposes being as well stated.

WHEN FILED
Not later than the day before the date legally

fixed for the beginning of the campaign period


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WHERE FILED

Main office of the Commission in Manila

- For President, Vice President and Senators.


Provincial Election Officer

- House of Representative (province)


Regional Election Director

- House of Representative (NCR)


City Election Registrar

- House of Representative (outside NCR)


Provincial Supervisor
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- candidates for provincial offices

ELECTION OFFENSES ON CANDIDACY


Violation of the pertinent requirements on

contents of certificate of candidacy Example :

- Omissions of data required in the certificate of candidacy - Using a changed name not approved in a court proceeding - failing to comply the required picture to be attached in the certificate of candidacy
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ELECTION OFFENSES ON CANDIDACY


Violation of the pertinent requirements on

filing and distribution of certificate of candidacy Example :

- For presidentiables, failure to file the required 10 eligible copies with commission
Violation of the pertinent requirements on the

ministerial duty of receiving and acknowledging receipt of certificate of candidacy

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ELECTION OFFENSES ON CANDIDACY


Misleading the Board of Election Inspector by

submitting false certificate of candidacy to the prejudice of a candidate

Filing of certificate of candidacy outside the

prescribe period and making such appear as duly filed.

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ELECTION OFFENSES ON ELECTION Click to edit Master subtitle style CAMPAIGN AND PROPAGANDA

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Preliminaries on Election Campaign and Propaganda


Election Campaign or Partisan Political Activity
An act designed to promote the election or defeat a particular candidate(s) to a public office

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Election Campaign or Partisan Political Activity Includes:


Forming organizations, associations, clubs,

committees or other groups of persons to solicit votes/ undertake any campaign for or against a candidate; rallies, parades, or other similar assemblies, to solicit votes/ undertake any campaign for/ against a candidate;

Holding political caucuses, conferences, meetings,

Making speeches, announcements, or

commentaries, or holding interviews for or against election of any candidate for public office;
Publishing/ distributing campaign literature/

materials to support or oppose the election of any 3/18/12 candidate;

Election Campaign or Partisan Political Activity


Excludes:
Those performed for the purpose of

enhancing the chances of aspirants for nomination for candidacy to a public office by a political party, aggroupment, or coalition of parties;
Public expressions or opinions or

discussions of probable issues in a forthcoming election or on attributes of or criticisms against probable candidates proposed to be nominated in a forthcoming political party convention.

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Durations Of The Campaign Period For Regular and Special Elections


a. Presidential and VP elections:

120 days before the election


b. Senatorial Elections
90 days before the day of election

c. Elections of Members od HRep and local

elective provincial, city and municipal officials


45 days before the day of election

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Note:
Campaign periods shall not include the day before and the end of the election day itself, Holy Thursday and Good Friday. During which, any kind of campaigning is Strictly Prohibited.

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ELECTION OFFENSES ON ELECTION CAMPAIGN AND Click to edit Master subtitle style PROPAGANDA

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Laws Governing The Prohibited Forms Of Election Propaganda Old Laws


BP 881 (Omnibus Election Code)
Sec. 85 prohibited forms of election propaganda Sec. 263 offenses out of acts violating Sec. 85

RA 6646 (The Electoral Reforms Law)


Sec. 11 prohibited forms of election propaganda Sec. 27 offenses out of acts violating Sec. 11
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Laws Governing The Prohibited Forms Of Election Propaganda New Law


RA 9006 (Fair Elections Act of 2001)
repealed Sec. 11 of RA 6646 and Sec. 27 of BP 881

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Election Offenses Punishable Under RA 9006 With Respect To Election And Propaganda

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Acts violating RA 9006 and the rules and regulations of COMELEC issued to implement such Act are considered election offenses punishable under the 1st 2 paragraphs of Sec. 264 of the Omnibus Election Code (sec. 13 RA 9006)

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Penalties.
1.

imprisonment of not less than one year but not more than six years and shall not be subject to probation. disqualification to hold public office and deprivation of the right of suffrage. deportation which shall be enforced after the prison term has been served. ( if a foreigner) a fine of not less P 10,000 to be imposed on a political party after criminal action has been instituted in which their corresponding officials have been found

2.

3.

4.

Mandatory Provisions of the Fair Elections Act


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Section 3. Lawful Election Propaganda.

Section 4. Requirements for Published or Printed and Broadcast Election Propaganda Section 5. Election Surveys Section 6. Section 6. Equal Access to Media Time and Space Section 7. Affirmative Action by the COMELEC Section 8. COMELEC Space and Time Section 9. Posting of Campaign Materials

Section 3. Propaganda
Includes:
Pamphlets,

Lawful

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Election

leaflets, cards, decals, stickers or other written or printed materials the size of which does not exceed eight and one half inches in width and fourteen inches in length; or printed letters urging

Handwritten

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Cloth, paper or cardboard posters, whether framed or posted, with an area not exceeding 2 feet by 3 feet, except that, at the site and on the occasion of a public meeting or rally, or in announcing the holding of said meeting or rally, streamers not exceeding 3 feet by 8 feet in size, shall be allowed: Provided, That said streamers may be displayed 5 days before the date of the meeting or rally and shall be removed within 24 hours after said meeting or rally; Paid advertisements in print or broadcast media: Provided, That the advertisements shall follow the requirements set forth in Section 4 of this Act; and

Section 4. Requirements for 3/18/12 Published or Printed and Broadcast Election Propaganda
1.

Any newspaper, newsletter, newsweekly, gazette or magazine advertising, posters, pamphlets, comic books, circulars, handbills, bumper stickers, streamers, sample list of candidates or any published or printed political matter and any broadcast of election propaganda by television or radio for or against a candidate or group of candidates to any public office shall bear and be identified by the reasonably legible or audible words "political advertisement paid for," followed by the true and correct name

Section 4

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2. If the broadcast is given free of charge by the radio or television station, it shall be identified by the words "airtime for this broadcast was provided free of charge by" followed by the true and correct name and address of the broadcast entity. 3. Print, broadcast or outdoor advertisements donated to the candidate or political party shall not be

Section 5. Election Surveys.

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1. Election surveys refer to the measurement of opinions and perceptions of the voters as regards a candidate's popularity, qualifications, platforms or a matter of public discussion in relation to the election, including voters' preference for candidates or publicly discussed issues during the campaign period (hereafter referred to as "Survey").

Section 5

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(b) The name of the person, polling firm or survey organization who conducted the survey; (c) The period during which the survey was conducted, the methodology used, including the number of individual respondents and the areas from which they were selected, and the specific questions asked; (d) The margin o error of the survey; (e) For each question for which the margin of error is greater than that reported under paragraph (d), the

Section 5 (f) A mailing address and telephone number, indicating it as an address or telephone number at which the sponsor can be contacted to obtain a written report regarding the survey in accordance with Subsection 5.3. 3. The survey together with raw data gathered to support its conclusions shall be available for inspection, copying and verification by the COMELEC or by a registered political

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Section 5

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5. Exit polls may only be taken subject to the following requirements:

(a) Pollsters shall not conduct their surveys within fifty (50) meters from the polling place, whether said survey is taken in a home, dwelling place and other places;

(b) Pollsters shall wear distinctive clothing;

(c) Pollsters shall inform the voters that they may refuse to answer; and

(d) The result of the exit polls may be announced after the closing of the polls on election day, and must clearly identify the total number of respondents, and the places where they

Section 6. Equal Access to 3/18/12 Media Time and Space. All registered parties and bona fide candidates shall have equal access to media time and space. The following guidelines may be amplified on by the COMELEC. 1. Print advertisements shall not exceed page, in broad sheet and one-half page in tabloids thrice a week per newspaper, magazine or other publications, during the

Section 6 (b) Each bona fide candidate or registered political party for a locally elective office shall be entitled to not more than sixty (60) minutes of television advertisement and ninety (90) minutes of radio advertisement whether by purchase or For this purpose, the COMELEC shall require any broadcast station or entity to submit to the COMELEC a copy of its broadcast logs and certificates of

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Section 6

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4. No franchise or permit to operate a radio or television stations shall be granted or issued, suspended or cancelled during the election period. In all instances, the COMELEC shall supervise the use and employment of press, radio and television facilities insofar or the placement of political advertisements is concerned to ensure that candidates are given equal opportunities under equal circumstances to make known their qualifications and their stand on public

Section 6

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The COMELEC shall ensure that radio or television or cable television broadcasting entities shall not allow the scheduling of any program or permit any sponsor to manifestly favor or oppose any candidate or political party by unduly or repeatedly referring to or including said candidate and/or political party in such program respecting, however, in all instances the right of said broadcast entities to air accounts of

Section 6

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5. All members of media, television, radio or print, shall scrupulously report and interpret the news, taking care not to suppress essential facts nor to distort the truth by omission or improper emphasis. They shall recognize the duty to air the other side and the duty to correct substantive errors promptly.

6. Any mass media columnist, commentator, announcer, reporter, on-air correspondent or personality who is a candidate for any elective public office or is a campaign volunteer for or employed or retained in any capacity by any candidate or political party shall be deemed resigned, if so required by their employer, or shall take a leave of absence from his/her work as such during the campaign period: Provided, That any media practitioner who is an official of a political party or a member of the campaign staff of a candidate or political party shall not use his/her time or space to favor any candidate or political party.

Section 6

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7. No movie, cinematograph or documentary portraying the life or biography of a candidate shall be publicly exhibited in a theater, television station or any public forum during the campaign period. 8. No movie, cinematograph or documentary portrayed by an actor or media personality who is himself a

3/18/12 Section 7. Affirmative Action by the COMELEC

1. Pursuant to Sections 90 and 92 of the Omnibus Election Code (Batas Pambansa Bldg. 881), the COMELEC shall procure the print space upon payment of just compensation from at least three (3) national newspapers of general circulation wherein candidates for national office can announce their candidacies. Such space shall be allocated free of charge equally and impartially among all the candidates for national office on three (3) different

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7.2. The COMELEC shall also procure free airtime from at least three (3) national television networks and three(3) national radio networks, which shall also be allocated free of charge equally and impartially among all candidates for national office. Such free time shall be allocated on three (3) different calendar days; the first day within the first week of the campaign period; the second day within the fifth

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3. The COMELEC may require national television and radio networks to sponsor at least three (3) national debates among presidential candidates and at least one (1) national debate among vice presidential candidates. The debates among presidential candidates shall be scheduled on three (3) different calendar days; the first debate shall be scheduled within the first and second week of the campaign period; the

Section 8. COMELEC Space and Time.


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The COMELEC shall procure shall in at least one (1) newspaper of general circulation and air time in at least one (1) major broadcasting station or entity in every province or city: Provided, however, That in the absence of said newspaper, publication shall be done in any other magazine or periodical in said province or city, which shall be known as "COMELEC Space": Provided, further, That in the absence of said broadcasting station or entity,

3/18/12 Section 9. Posting of Campaign Materials The COMELEC may authorize political parties and party-list groups to erect common poster areas for their candidates in not more than ten (1) public places such as plazas, markets, barangay centers and the like, wherein candidates can post, display or exhibit election propaganda: Provided, That the size of the poster areas shall not exceed twelve (12) by sixteen (16) feet or its equivalent.

Section 11. Rates for Political Propaganda. During the election period, media outlets shall charge registered political parties and bona fide candidates a discounted rate of thirty percent (30%) for television, twenty percent (20%) for radio and ten (10%) for print over the average rates charged during the first three quarters of the calendar year preceding the elections.

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Elements of removal, destruction or defacement of lawful election propaganda


1. 2.

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Offender is any person; Such person removes, destroys, obliterates, or in any manner defaces or tampers with, or prevent the distribution of law election propaganda; and The act was done during campaign period

3.

Requirements on regulation of election propaganda through mass media (Sec 86 BP 881)

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(a)

The Commission shall promulgate rules and regulations regarding the sale of air time for partisan political purposes during the campaign period

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(b) All contracts for advertising in any newspaper, magazine, periodical or any form of publication promoting or opposing the candidacy of any person for public office shall, before its implementation, be registered by said newspaper, magazine, periodical or publication with the Commission. In every case, it shall be signed by the candidate concerned or by the duly authorized representative of the political party.

Note:
Any

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radio or tv stations, including those owned and controlled by the govt shall give free of charge equal time and prominence to an accredited political party or its candidates id it gives free of charge air time to an accredited political party or its candidates for political purposes

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In

all instances, the Commission shall supervise the use and employment of press, radio and television facilities so as to give candidates equal opportunities under equal circumstances to make known their qualifications and their stand on public issues within the limits set forth in this Code on election spending.

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Political Conventions and Rallies


The holding of political conventions or meeting to nominate its official candidates is punishable when done earlier than the period fixed in BP 881.

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The elements of the offense are:


1. 2.

Offender is a political party Offender holds political conventions or meetings to nominate its official candidates earlier than the period fixed in BP 881

Nomination and Selection of Official Candidates (RA 7166 )


No political convention or meeting for the nomination or selection of the official candidates of any political party or organization or political groups or coalition thereof shall be held earlier than the following periods: (a) For President, Vice-President and Senators, one hundred sixty-five (165) days before the day of the election; and

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Requirements on rallies, 3/18/12 meetings and other political activities (sec 87 BP 881)
1.

any political party supporting official candidates or any candidate individually or jointly with other aspirants may hold peaceful political rallies, meetings, and other similar activities during the campaign period subject to the requirements if local ordinances on the issuance of permits

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2.

Provided, That all applications for permits to hold meetings, rallies and other similar political activities, receipt of which must be acknowledged in writing and which application shall be immediately posted in a conspicuous place in the city or municipal building, shall be acted upon in writing by local authorities concerned within three days after the filing thereof and any application not acted upon within said period shall be deemed approved: and

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3.

Provided, further, That denial of any application for said permit shall be appealable to the provincial election supervisor or to the Commission whose decision shall be made within forty-eight hours and which shall be final and executory: Provided, finally, That one only justifiable ground for denial is a prior written application by any candidate or political party for the same purpose has been approved.

4.

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Public rally (sec. 88 BP 881)


Any political party or candidate shall notify the election registrar concerned of any public rally said political party or candidate intends to organize and hold in the city or municipality, and within seven working days thereafter submit to the election registrar a statement of expenses incurred in connection therewith.

Transportation, food and drinks (Sec. 89 BP 881)


It shall be unlawful for any candidate, political party, organization, or any person:
1.

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to give or accept, free of charge, directly or indirectly, transportation, food or drinks or things of value during the five hours before and after a public meeting, on the day preceding the election, and on the day of the election; or

Acts Which Constitutes Coercion Or Interference


Elements of COERCION AND INTIMIDATION
1. a)

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Persons Liable Any public officer, or any officer of any public or private corporation or association, or any head, superior, or administrator of any religious organization, or any employer or land-owner

b)

c)

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2.

Offender coerces or intimidates or compels, or in any manner influence, directly or indirectly, any of his subordinates or members or parishioners or employees or house helpers, tenants, overseers, farm helpers, tillers, or lease holders The act was done in order to aid, campaign or vote for or against any candidate or any aspirant for the nomination or selection of candidates.

3.

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Elements of RETALIATION BY REASON OF DISOBEDIENCE OF THE SUBORDINATE


1.

Persons liable
a) b)

Any public officer or any officer of any commercial, industrial, agricultural, economic or social enterprise or public or private corporation or association, or any head, superior or administrator of

c)

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3.

any subordinate member or affiliate, parishioner, employee or house helper, tenant, overseer, farm helper, tiller, or lease holder, The act was committed for disobeying or not complying with any of the acts ordered by the former to aid, campaign or vote for or against any candidate, or any aspirant for the nomination or selection of candidates.

4.

1. 2.

terrorism, use of fraudulent device or other forms of coercion. - Offender is any person
Offender directly or indirectly,
a)

threatens, intimidates or actually causes, inflicts or produces any violence, injury, punishment, damage, loss or disadvantage upon any person or persons or that of the immediate members of his family, his honor or property, or
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b)

uses any fraudulent device or scheme to compel or induce the registration

3.

The purpose is to compel or induce the registration or refraining from the registration of any voter, or the participation in a campaign or refraining or desistance from any campaign, or the casting of any vote or omission to vote, or any promise of such registration, campaign, vote, or omission.

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1.

obstructing or interfering with radio or tv broadcast of any politicalany person Offender is program
Offender, by any device or means jams, obstructs or interferes with radio or tv broadcast of any lawful political program

1.

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Unlawful electioneering
Elements:
1.

Offender solicits votes or undertake any propaganda Act was done on the day of registration before the board of election inspectors and on the day of election, for or against any candidate or any political party Act was done within the polling place and with a radius of thirty meters 3/18/12 thereof.

2.

3.

Intervention of public officers and employees


Elements:
1.

Persons Liable:
a.

Any officer or employee in the civil service, except those holding political offices; any officer, employee, or member or the Armed Forces of the Philippines, or any police force, special forces, home defense forces, barangay self-defense units and all other para-military units that now exist or which may hereafter be organized 3/18/12

b.

Prohibition of political activity


No member of the board of election inspectors shall:
1.

engage in any partisan political activity or take part in the election except to discharge his duties as such and to vote.

2.

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Intervention of foreigners. It shall be unlawful for:


1.

any foreigner, natural person,


1.

whether

judicial

or

to aid any candidate or political party, directly or indirectly, or take part in or influence in any manner any election, or to contribute or make any expenditure

2.

3.
2.

Act is in connection with any election 3/18/12 campaign or partisan political activity.

Use of public funds, money deposited in trust, equipment, facilities owned or controlled by the government for an election campaign.
Elements:
1. 2.

Offender is any person Offender uses under any guise whatsoever, directly or indirectly,
(1)

public funds or money deposited with, or held in trust by, public financing institutions or by government offices, banks, or agencies;
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(2) any printing press, radio, or television station or audio-visual equipment operated by the Government or by its divisions, subdivisions, agencies or instrumentalities, including government-owned or controlled corporations, or by the Armed Forces of the Philippines; or (3) any equipment, vehicle, facility, apparatus, or paraphernalia owned by the government or by its political subdivisions, agencies including government-owned or controlled corporations, or by the Armed Forces of the Philippines for any3/18/12 election campaign or for any partisan political activity.

3. Act was committed for any election campaign or for any partisan political activity.

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Prohibition against discrimination in the sale of air time. Elements:


1.

Offender is any person who operates a radio or television station Offender discriminates against any political party, coalition or aggroupment of parties or any candidate in the sale of air time. In addition to the penalty prescribed herein, such refusal shall constitute a ground for cancellation or revocation of 3/18/12 the franchise.

2.

3.

Election Offenses Committed with respect to nuisance or disqualified candidates


1.

Offender is any person declared as nuisance or disqualified candidate or is otherwise disqualified by final and executory judgment Offender continues to misrepresent himself, or holds himself out as a candidate
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2.

Elements of the offense when committed by other persons


1.

Offender is any other public officer or private individual

2.

Offender knows that a nuisance or disqualified candidates continues to misrepresent himself or holds himself as a candidate Offender induces or abets such misrepresentation by commission or omission
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3.

Appointment or use of special policemen, special agents, confidential agents or the like. Elements:
1.

Offender
1.

is any appointing authority who appoints or any person who utilizes the services of special policemen, special 3/18/12 agents,

2.

2.

Act was done during the campaign period, on the day before and on election day,

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At the start of the aforementioned period, the barangay chairman, municipal mayor, city mayor, provincial governor, or any appointing authority shall submit to the Commission:

a complete list of all special policemen, special agents, confidential agents or persons performing similar functions in the employ of their respective political subdivisions, with such particulars as the Commission may require

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Use of armored land, water or air craft.


Elements:
1. 2.

Offender is any person Offender uses any armored land, water or air craft, provided with any temporary or permanent equipment or any other device or contraption for the mounting or installation of cannons, machine guns and other similar high caliber firearms, including military type tanks, half trucks, scout trucks, 3/18/12 armored trucks, of any make or model,

3.

Act was done during the campaign period, on the day before and on election day,

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Provided, That banking or financial institutions and all business firms may use not more than two armored vehicles strictly for, and limited to, the purpose of transporting cash, gold bullion or other valuables in connection with their business from and to their place of business, upon previous authority of the Commission.
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Wearing of uniforms and bearing arms. 2 Kinds of Offenders: 1. member of security or police organization 2. member of the AFP, et al

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ELEMENTS of the offense when committed by a member of security or police organization: Offender is any member of security or police organization of government agencies, commissions, councils, bureaus, offices, or government-owned or controlled corporations, or privately-owned or operated security, investigative, protective or intelligence agencies, Offender wears his uniform or uses his 3/18/12 insignia, decorations or regalia, or bears

1.

2.

Exceptions:
1.

When said member is in pursuit of a person who has committed or is committing a crime in the premises he is guarding; or when escorting or providing security for the transport of payrolls, deposits, or other valuables; or when guarding the residence of private persons or when guarding private residences, buildings or offices: Provided that in the last case prior written approval 3/18/12 of the Commission shall be obtained. The

2.

3.

Elements of the offense if committed by a member of the AFP, et al.


1.

Any member of the Armed Forces of the Philippines, special, forces, home defense forces, barangay self-defense units and all other para-military That ofender wears his uniform or bears arms outside the camp, garrison or barracks to which he is assigned or detailed or outside their homes, in case of members of para-military units, That the act was done during the same
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2.

1.

Exceptions:
1.

President of the Philippines have given previous authority therefor, and the Commission notified thereof in writing, or Commission authorizes him to do so, which authority it shall give only when necessary to assist it in maintaining free, orderly and honest elections, and only after notice and hearing.
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2.

Obligation To Bear True Name And Rank On The Uniform

All personnel of the Armed Forces authorized by the President or the Commission to bear arms or wear their uniforms outside their camps and all police and peace officers shall bear their true name, rank and serial number, if any, stitched in block letters on a white background on the left breast of their uniform, in letters and numbers of a clearly legible design at least two centimeters tall, which shall at all times 3/18/12 remain visible and uncovered.

During the election period, whenever the Commission finds it necessary for the promotion of free, orderly, honest and peaceful elections in a specific area, it shall confiscate or order the confiscation of firearms of:
1.

any member or members of the Armed Forces of the Philippines, police forces, home defense forces, barangay selfdefense units, and all other paramilitary units any member or members of the security or police organization, 3/18/12 government

2.

Policemen and provincial guards acting as bodyguards or security guards. Persons Liable:
1.

any member of the city or municipal police force,

any provincial or sub-provincial guard,

any member of the Armed Forces of the Philippines, special forces, home defense forces, barangay self-defense units and all other para- military units that now exist or which may hereafter be organized who acts as bodyguard or security 3/18/12 of any guard public official, candidate or any other

any

of the latter who utilizes the services of the former as bodyguard or security guard:

2. Act was committed during the campaign period on the day before and on election day

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EXCEPTIONS:
1.

After due notice and hearing, when the life and security of a candidate is in jeopardy, the Commission is empowered to assign at the candidate's choice, any member of the Philippine Constabulary or the police force of any municipality within the province to act as his bodyguard or security guard in a number to be determined by the Commission but not to exceed three per candidate:
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2. When the circumstances require immediate action, the Commission may issue a temporary order allowing the assignment of any member of the Philippine Constabulary or the local police force to act as bodyguard or security guard of the candidate, subject to confirmation or revocation.

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candidates, treasurers of parties or their agents. No


1.

candidate, his or her spouse or any relative within the second civil degree of consanguinity or affinity, or campaign manager, agent or representative shall during the campaign period,

his

on the day before and on the day of the election, directly or indirectly,
make

any donation, contribution or gift in cash 3/18/12 or in kind, or

undertake or contribute to the construction or repair of roads, bridges, school buses, puericulture centers, medical clinics and hospitals, churches or chapels cement pavements, or any structure for public use or for the use of any religious or civic organization

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Exceptions:

normal and customary religious dues or contributions, such as religious stipends, tithes or collections on Sundays or other designated collection days, periodic payments for legitimate scholarships established and school contributions habitually made before the prohibited period.

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The same prohibition applies to treasurers, agents or representatives of any political party.

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RA 9189 Or Overseas Absentee Voting Act of 2003 (Sec. 24.8) Elements:


1.

Offender is any person deputized by the Commission to undertake activities in connection with the implementation of this Act, Offender campaigns for or assist, in whatever manner, candidates in the elections; .
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2.

Elements: (Sec. 24.9)


1.

Offender is any person who is not a citizen of the Philippines offender participates, by word or deed, directly or indirectly through qualified organizations/ associations, in any manner and at any stage of the Philippine political process abroad, including participation in the campaign and elections
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2.

Required acts for election returns so as not to constitute an election offense:


board of election inspectors shall prepare the election returns simultaneously with the counting of votes in the polling places entry of votes in words and figures for each candidate shall be closed with the signature and the clear imprint of the thumbmark of the right hand of all the members, likewise to be affixed in full view of the public, immediately after the last vote recorded or immediately after the name of the candidate who did not receive any vote returns shall also show the date of the election, the polling place, the barangay and the city or municipality in which it was held, the total number of ballot found in the compartment for valid ballots, the total number of valid ballots withdrawn from the compartment for spoiled ballots The commission shall take steps so that the entries on the first copy of the election returns are clearly reproduced on the second, third, fourth, fifth, six copies thereof, and for the purpose this Commission shall use as a special kind of paper Immediately upon the accomplishment of the election return for national position, the poll clerk shall announce the posting of the second copy of the election return on a wall with sufficient lighting within the premises of the polling place or counting center The poll clerk shall then proceed to do the same in the presence of the other members of the Board, the watchers and those present in polling place or counting center Without delay and, when feasible, the an image of 3/18/12election return using secured data poll clerk shall secure immediately the capturing device and thereafter, while in the premises of the polling place or counting center,

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Required acts for election returns so as not to constitute an election offense:

Once the prints have been produced, the poll clerk shall call the other members of the board to authenticate each print copy by closely comparing the same with the election return posted on the wall in the presence of the watchers and within view of the public If the Board finds each print a faithful reproduction of the election return, all members thereof shall annotate and sign a certification to that effect on the bottom front of the print Each certified printed copy shall be placed in an envelope and distributed as herein provided Immediately upon the accomplishment of the election returns for local position, the second copy of the same shall be posted on a wall with the sufficient lighting within the premises of the polling place Other copies of election returns for both national and local position shall be sealed in the presence of the watchers and the public, and placed in the proper envelope which shall be sealed and distributed as herein provided Any election return with a separately printed serial number or which bears a different serial number from that assigned to the particular polling place concerned shall not be canvassed If the signatures and/or thumbmarks of the members of the board of election inspectors or some of them as requires in this provision are missing in the election 3/18/12 returns, the board of canvassers may summon the members of the board of

Who are guilty of an election offense?


Any person who removes the election return posted on the wall, whether within or after the 48 hours of posting, or defaces the same in any manner Any person who simulates an actual election return, or a print or digital copy thereof Any person who simulates the certification in a print of an election return The chairman or any member of the board of election inspectors who, during the prescribed period of posting, removes the election return from the wall on which it had been posted other than for the purpose of immediately transferring it to a more suitable place The chairman or any member of the board of election inspectors who signs or authenticates a print of the election return outside of the polling place The chairman or any member of the board of election inspectors who signs or authenticates a print which bears an image different from the election return produced after counting and posted in the wall

1.

2.

3.

4.

5.

6.

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Requirements that disposition of election returns shall not constitute an election offense:

1. Election of President, Vice-President, Senators and Members of the House


1st copy-delivered to the city or municipal board of canvassers 2nd copy- to the Congress, directed to the President of the Senate 3rd copy-to the Commission 4th copy-to the dominant majority party as determined by the Commission in accordance with law 5th copy- to the dominant minority party as determined by the Commission in accordance with law 6th copy- to a citizens arm authorized by the Commission to conduct an unofficial count 7th copy-deposited to the compartment of the ballot box for valid ballots

2. Local elections

1st copy- be delivered to the city or municipal board of canvassers 2nd copy- to the Commission 3rd copy- to the provincial board of canvassers

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Refusal or failure to provide copies of election returns

an election offense under Sec. 28 (f) of R.A. No. 9369 whether or not such affects the electoral process or results

Violation on the manner of delivery and transmittal of election returns

An election offense under Sec. 262 of the Omnibus Election Code.

Requirements on preservation of the voting record

Under Sec. 262 of the OEC, the violation of the provision on the preservation of the voting record shall constitute an election offense. It is requires that the voting record of each polling place shall be delivered to the election registrar who shall have custody of the same, keeping them in a safe place, until such time that the Commission shall give instructions on their disposition.

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Elements of destroying, substituting or taking from the person with legal custody of any election form or box containing such forms without legal authority:

1. 2.

The offender is any person; The offender destroys, substitutes or takes away from the possession of those having legal custody thereof, or from the place where they are legally deposited, any election form or document or ballot box which contains official ballots or other documents used in the election; and The act was committed without legal authority.

3.

Elements of :destroying, enabling another to destroy or taking away of ballot box by person having legal custody:
1.

The offender is any person having legal custody of the ballot box containing the official ballots used in the election; That such offender Opens or destroys said box or removes or destroys the contents without or against the order of the Commission or Through his negligence, enables any person to commit any of the aforementioned acts, or 3/18/12 Takes away said ballot box from his custody.

2. .

Elements of failure to preserve or account for any ballot box, document and forms:
1. 2.

The offender is any public official; That he neglects of fails to properly preserve or account for any ballot box, documents and forms received by him and kept his custody

What are the requirements on documents and articles omitted or erroneously placed inside the ballot box?
Sec. 262 of the OEC requires tat if after the delivery of the keys of the ballot box to the proper authorities, the BEI shall discover that some documents or articles requires to be placed in the ballot box were not placed therein:
.

The BEI, instead of opening the ballot box in order to place therein said documents or articles, shall deliver the same to the Commission or its duly authorized representatives. In no instance shall the ballot box be reopened to place therein or take out there from any document or article except to retrieve copies of the election returns which 3/18/12 will be needed in any canvass and in such excepted instances, the members of the BEI and the watchers of the candidates shall be notified of the time and place of the

Requirements on the counting of votes to be public and without interruption:


Sec. 35 of R.A. 9369 provides that any violation of this section shall constitute an election offense. It therefore requires the following:

As soon as the voting is finished, the BEI shall publicly count in the polling place the votes cast and ascertain the results. The board may rearrange the physical set-up of the polling place for the counting or perform any other activity with respect to the transition from voting counting. It may only do so in the presence of the watchers and within close view of the public. At all times, the ballot boxes and all election documents and paraphernalia shall be within close view of the watchers and the public. The BEI shall not adjourn or postpone or delay the count until it has been fully completed, unless otherwise ordered by the Commission.

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Should the votes cast for a substituted candidate in case of substitution after the printing of official ballot be treated?

The Fair Election Act provides that any violation of this Act and rules and regulations of the COMELEC issued to implement this shall be an election offense punishable under the first and second Paragraphs of Section 264 of the Omnibus Election Code. Par 1 of the Fair Election Act provides that in case of valid substitutions after official ballots have been printed, the votes cast for the substituted candidates shall be considered as stray votes but shall not invalidate whole ballot.

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What are the elements of omitting, misreading or adding the name of a candidate in the reading of ballots during the counting of votes?

The offender is any member of the board of election inspector charged with the duty of reading the ballot during the counting of votes; That the offender:
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What are the elements of failing to record or erroneous recording of votes in the tally board or sheet, election returns or other prescribed forms?

that the offender is any member of the board of election inspectors charged with the duty of tallying the votes in the tally board or sheet, election returns or 3/18/12 other prescribed form;

What are the elements of tampering, increasing or decreasing the votes received or refusal to credit the correct votes or deduct such tampered votes?
1.

The offense can be committed in two ways by tampering and refusal to correct the number of votes. The elements of tampering are: that the offender is any member of the
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2. .

What are the requirements on compartment for spoiled ballots?

Under Sec. 263 of the OEC, the violation of the requirements on compartment for spoiled ballots shall constitute an election offense. The section provides for a presumption that the ballots deposited in the compartment for spoiled ballots are presumed to be spoiled ballots, whether or not they contain such notation. But if the BOI should find that during the voting any valid ballot was erroneously deposited in this compartment, or if any ballot separated as excess or marked had been erroneously deposited therein:

The BEI shall open said compartment after the voting and before the counting of votes for the sole purpose of 3/18/12 drawing out the ballots erroneously deposited therein.

Requirements on proceedings of the BOI:


Sec. 262 of the OEC provides that the violation of the pertinent requirements on proceedings of the BOI shall constitute an election offense;
1.

The meetings of the BOI shall be public and held only in the polling place authorized by the Commission. The BOI shall have full authority;
o o o

2.

To maintain order within the polling place and its premises, To keep access thereto open and unobstructed, and To enforce obedience to its lawful orders.

3.

If any person shall refuse to obey lawful orders of the BOI or shall conduct himself in a disorderly manner in its presence or within its hearing and thereby interrupt or disturb its proceedings, the BOI 3/18/12 may issue an order in writing directing any peace officer to take

Requirements on functioning of the BEI:


Under Sec. 262 of the OEC, the violation of the pertinent requirements on functioning of the BOI shall constitute an election offense. The functions of the BEI are the following:
1. 2.

It acts through its chairman; It decides by majority vote all questions which may arise in the performance of its duties.

Elements of acceptance, assumption to office and service of an ineligible person as member of BEI or BOC:
1.

The offender is any person ineligible for appointment as member of any board of election inspectors or board of canvassers; and That the offender accepts an appointment to said body, assumes office and actually serves as a member thereof.

2.

Elements of appointing an ineligible person as member of BEI or BOC:

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Elements of deliberately being absent by a member of the BEI or BOC to delay performance of its duties:
1. 2.

The offender is any member of any BEI or BOC The offender absents himself from the meetings of said body The act was done deliberately; and The act was done for the purpose of obstructing or delaying the performance of its duties or functions.

3. 4.

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What are the elements of refusal to sign and certify election form?

That the offender is any member of any board of election inspectors or board of canvassers; That the offender refuses to sign and certify any election form required by the Omnibus Election Code or prescribed by the Commission; That the refusal was without justifiable reason; and That he was present during the meeting of the said body.

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What are the elements of making possible the casting of more than the number of registered voters?

that the offender is any member of a board of election inspectors; and that the offender has made possible the casting of more votes than there are registered voters

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What are the requirements on prohibition of political activity on members of the BEI?

Under Sec 262 of the Omnibus Election Code, the violation of pertinent requirements on prohibition of political activity shall constitute an election offense. Prohibition on members of the board of election and inspectors are: Engaging in any partisan political activity or Taking part in the election except to discharge his duties as such and to vote.

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What are the elements of interrupting or disrupting of the work or proceedings of BEI or BOC by disorderly conduct?

that the offender is any person; that the offender is in the presence or within the hearing of any board of election inspectors or board or canvassers during any of its meetings; and that the offender conducts himself in such a disorderly manner as to interrupt or disrupt the work or proceedings to the end of preventing said body from performing its functions, partly or totally.

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What are the elements of relieving any member of BEI or BOC or changing the assignment of such members without authority?

that the offender is any public official or person acting in behalf; that the offender: a. relieves any member of any board of election inspectors or board of canvassers; b. changes or causes the change of the assignments of any member of said board of election inspector or board of canvassers; and that the act was done without authority of the
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Qualifications of a watcher:
1. 2.

A qualified voter of the city or municipality, Of good reputation and shall not have convicted by final judgment of any election offense or any other crime. Must know how to read and write Pilipino, English, Spanish, or any of the prevailing local dialects, and Not related within the fourth civil degree of consanguinity or affinity to the chairman or any member of the board of election inspectors in the polling place where he seeks appointment as a watcher.
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3.

4.

Requirements of the provision on official watchers of candidates:


a)

Each candidate, political party or coalition of political parties shall designate in every province, highly urbanized city or district in the Metropolitan Manila area, a representative authorized to appoint watchers, furnishing the provincial election supervisor or the city election registrar, as the case may be, the names of such representatives. The provincial election supervisors shall furnish the municipal election registrar of component 3/18/12 cities with the list of such representatives.

b)

Requirements on other watchers:


1. 2.

The duly accredited citizens arm of the Commission; and Other civic, religious, professional, business, service, youth and any other similar organizations, with prior authority of the Commission.

Elements of false and alarming reports on printing of official ballots, postponement of election, transfer of polling place or general conduct of election:
1. 2.

The offender is any person; The offender propagates false and alarming reports or information or transmits or circulates false orders, directives or messages; The act was committed for the purpose of disrupting or obstructing the election process or causing confusion among voters; and The false and alarming report is regarding any matter relating to the printing 3/18/12 of official ballots, the postponement of the election, the transfer of polling

3.

4.

Elements of holding of an election on a day not fixed by law or Constitution or stopping an election legally held:
1. 2.

The offender is any person; and That such person:

Holds or causes the holding of an election on any other day than that fixed by law or by the Constitution, or Stops any election being legally held.

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What are the election offense on voting and casting of votes under the Overseas Absentee Voting Act of 2003?
1. For any officer or employee of the Philippine government to influence or attempt to influence any person covered by this Act to vote, or not to vote, for a particular candidate. Elements
That the offender is any officer or employee of the

Philippine government; and

That the offender influence or attempt to influence any

person covered by this Act to vote, or not to vote, for a particular candidate.
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2. For any person to deprive any person of any right secured in the Act, or to give false information as to his/her name, address, on period of residence for the purpose of establishing his/her eligibility or ineligibility to register or vote under this Act or conspire with another person for the purpose of encouraging the giving of false information in order to establish the eligibility 3/18/12 or ineligibility

Punishable Acts

to deprive any person or any right secured in this Act to give false information as to his/her name, address or period of residence for the purpose of establishing his/her eligibility to register or vote under this Act. To conspire with another person for the purpose on encouraging the giving of false information in order to establish the eligibility or ineligibility of any individual to register or vote under this Act; To pay, or offer to pay either for application to vote in absentia or for voting.
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3. For any person to tamper with the ballot, the mail containing the ballots for overseas absentee voters, the election return including the destruction, mutilation and manipulation thereof; 4. For any person to steal, destroy, conceal, mutilate or alter any record, 3/18/12 document or paper as required for

5. For any deputized agent to refuse without justifiable ground to serve and continue serving or to comply with his/her sworn duties after acceptance of his/her appointment.
Elements:
The offender is any deputized agent. The offender refuses to serve or continue to serve, or to comply with his/her sworn duties after acceptance of his/her appointment. The refusal was without justifiable ground. 3/18/12

6. For any public officer or employee which shall cause the preparation, printing, distribution of information material, or post the same in websites without the prior approval of the Commission: Elements:
1. 2. 3.

The offender is any public officer or employee. The offender causes the preparation, printing, distribution of information material, or post the same in websites. There was no prior approval from the Commission.

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7. For any person who is not a citizen of the Philippines to participate, by word or deed, directly or indirectly through qualified organizations/associations, in any manner and at any stage of the Philippine political process abroad, including participation in the campaign and elections. Elements:
1. 2.

The offender is any person not a citizen of the Philippinea. The offender participates, by word or deed, directly or indirectly through qualifies organizations/associations, in any manner and at any stage of the Philippine political process abroad, including participation in the campaign and elections.

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8. Immigrants and permanent residents who do not resume residence in the Philippines as stipulated in their affidavit under Sec. 5(d) within three (3) years after approval of his/her registration under this Act and yet vote in the next election contrary to the said Section.

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Chapter 8
Other election offenses Click to edit Master subtitle style

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What offense can be committed with respect to any computer data, program, etc under the Automated Election System?

Under Sec. 28 of R.A No. 9369, gaining or causing access to using altering, destroying or disclosing any computer data, program, system software, network, or any computer-related devices, facilities, hardware or equipment, whether classified or declaration shall be penalized as provided in this Act, whether or not said acts affect the electoral process or result.
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The Elements of Wagering upon the result of election


1) That the offender is any person. 2) That such person bets or wages upon the outcome of, or any contingency connected with an election. any money or thing of value or deposit of money or thing of value situated anywhere in the Philippines put as such bet or wager shall be forfeited to the government.
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The Elements of coercion or intimidation are


1. Persons liable
a. Any public officer, or b. any officer of any public or private corporation or association, or c. any head, superior, or administrator of any religious organization, or d. any employer or land-owner.

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2. That the offender coerces or intimidates or compels, or in any manner influence, directly or indirectly, any of his subordinates or members or parishioners or employees or house helpers, tenants, overseers, farm helpers, tillers, or lease holders. 3. That the act was done in order to aid, campaign or vote for or against any candidate or any aspirant for the nomination or selection of candidates.
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The Elements of retaliation by reason of disobedience of the subordinates are: 1. Persons liable a. Any public officer or b. any officer of any commercial, industrial, agricultural, economic or social enterprise or public or private corporation or association, or c. any head, superior or administrator of any religious organization, or
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2.That the officer dismisses or threatens to dismiss, punishes or threatens to punish by reducing his salary, wage or compensation, or by demotion, transfer, suspension, separation, excommunication, ejectment, or causing him annoyance in the performance of his job or in his membership.

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3.That the act was committed against any subordinates member or affiliate, parishioner, employee or house helper, tenant, overseer, farm helper, tiller, or lease holder. 4. That the act was committed for disobeying or not complying with any of the acts ordered by the former to aid, campaign or vote for or against any candidate, or any aspirant for the nomination or selection of candidates.
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The Elements of coercion of election officials and employees. 1. That the offender is any person; 2. That such person, directly or indirectly, threatens intimidates, terrorizes, or coerces any election official or employee; and 3. That the election official or employee was in the performance of his election functions or duties.
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The Elements of delay of payment of per diems of election inspectors and other officials.

There are funds actually available; 2. There is delay in the payments of the per diems of election inspectors and other officials; and 3. That the delay was without justifiable reason.
1.
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1.

2.

The other election offenses provides for under the overseas Absentee Voting Act which has general application. For any person to steal, destroy, conceal, mutilate alter any record, document or paper as required for purposes of this act. For any deputized agent to refuse without justifiable ground, to serve or continue serving, or to comply with his/her sworn duties after acceptance of his/her appointment.
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Elements
a. That the offender is any deputized agent; b. That the offender refuse to serve or continue to serve, or to comply with his/her sworn duties after acceptance of his/her appointment; and c. That the refusal was without justifiable ground.
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Modes of committing appoinment of new employees, creation of new position, promotion, or giving salary increases

Elements of the 1st mode of offenses:


1.

That the offender is any head, official or appointing officer of a government office, agency or instrumentality, whether national or local That the offender appoints or hires any new employee, whether provisional, temporary or casual, or creates and files any new position That the acts were done during the period of forty-five days before a regular election and 30 days before special election
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2.

3.

Elements of transfer of officers and employees in the civil service


1.

The fact of transfer or detail of public officer or employee within the election period as fixed by the COMELEC The transfer or detail was affected without prior approval of the COMELEC
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2.

Elements of appointment or use of special policemen, special agents, confidential agents or the like

1.That the offender is:


a.

Any appointing authority who appoints or Any person who utilizes the services of special policemen, and the likes performing similar functions

b.

2. That the act was done during the campaign period on the day before and on the election day
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Elements of illegal release of prisoners before and after election


1. a. b. c. d.

Persons liable: Director of the Bureau of Prisons, Any provincial warden, The keeper of the jail or The persons required by law to keep prisoners in their custody

2. That the offender illegally orders or allows any prisoner detained in the national penitentiary, or provincial or municipal jail 3.That the order was issued or permission was granted sixty days before and thirty days after the 3/18/12

Other Election Offenses


1.

Carrying of firearms outside residence or place of business Use of armored land, water or aircraft Wearing of uniforms and bearing arms Policemen and provincial guards acting as bodyguards or security guards Organization or maintenance of reaction forces, strike forces, or other similar forces Prohibition against release, disbursement or expenditure of public funds
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2. 3. 4.

5.

6.

7. Prohibition against construction of public works, delivery of materials for publicworks and issuance of treasury warrants and similar devices 8. Suspension of elective provincial, city, municipal or barangay officer Selling, offering, buying and taking of intoxicating liquor 9. Holding of any fairs, cockfights, boxing, horse races, other similar sports on election day 10. Refusal to carry election mail matter
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Electoral Sabotage
Any

person or member of the board of election inspectors or board of canvassers who tampers, increases or decreases the votes received by a candidates 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
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PARTIES LIABLE AND PENALTIES FOR ELECTION OFFENSES


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WHO ARE LIABLE FOR ELECTION OFFENSES UNDER B.P. BLG. 881? The principals, accomplices, and accessories, as defined in the Revised Penal Code, shall be liable for election offenses. If one responsible be a political party or entity, its president or head, the official and employees of the same, performing duties connected with the offense committed and its members who may be principals, accomplices, or accessories shall be liable, in addition to the liablity of such party or entity.

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WHAT ARE THE PENALTIES FOR THE ELECTION OFFENSES?


Any

person found guilty of any election offense under this Code shall be punished with imprisonment of NOT LESS THAN ONE YEAR BUT NOT MORE THAN SIX YEARS and shall not be subject to probation. guilty party shall be sentenced to suffer DISQUALIFICATION TO HOLD PUBLIC OFFICE and DEPRIVATION OF THE RIGHT OF SUFFRAGE. (RIGHT TO VOTE)
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The

If

he is a foreigner, he shall be sentenced to DEPORTATION which shall bee enforced after the prison term has been served. political party found guilty shall be sentenced to pay a FINE OF NOT LESS THAN TEN THOUSAND PESOS (P 10,000.00), which shall be imposed upon such party after criminal action has been instituted in which their corresponding officials have been found guilty.
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Any

In case of prisoner(s) illegally released from any penitentiary or jail during prohibited period as provided in section 261 (n) of this Code, the director of prisons, provincial warden, keeper of jail or prison, or persons who are required by law to keep said prisoner in their custody shall, if convicted by a competent court, be sentenced o suffer the penalty of PRISION MAYOR in its maximum period if the prisoner(s) so illegally released commit any act of intimidation, terrorism or interference in the election.

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IMPOSABLE PENALTIES UNDER R.A. 6646 AND R.A. 7166.


Penalties

imposable in violation of the Electoral Reforms Act of 1987 or R.A. 6646 & in Synchronized National and Local Elections (R.A. 7166) are the penalties provided for in section 264 of the Omnibus Election Code.

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PENALTIES IMPOSABLE UNDER R.A. 8189 or VOTERS REGISTRATIION ACT OF 1996


Any

person found guilty of any election offense under this Act shall be punished with imprisonment of not less than one year but not more six years and shall not be subject to probation. guilty party shall be sentenced to suffer disqualification to hold public office and deprivation of the right of suffrage. he is a foreigner, he shall be deported after the prison term has been served.
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The

If

Any political party found guilty shall be sentenced to pay a fine of not less not One hundred thousand pesos (P100,000.00) but not more than Five hundred thousand pesos (P500,000.00).
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IMPOSABLE PENALTIES UNDER R.A. 8295


Violation

of this provision shall be prosecuted and penalized in accordance with the provision of Sec. 264 of the Omnibus Election code.
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IMPOSABLE PENALTIES UNDER R.A. 9006

Violation of this Act and the rules and regulations of the COMELEC issued to implement this Act shall be an election offense punishable under the first and second paragraphs of section 264 of the Omnibus election Code.

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IMPOSABLE PENALTIES UNDER R.A. 9189

The penalties imposed under section 264 of the Omnibus Election Code, as amended, shall be imposed on any person found guilty of committing any of the prohibited acts as defined in this section: Provided, that the penalty of PRISION MAYOR in its MINIMUM period shall be imposed upon any person found guilty of section 24.3 hereof without the benefit of the operation of Indeterminate Sentence Law.
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If

the offender is a public officer or a candidate, the penalty shall be prision mayor in its maximum period. The offender shall be sentenced to suffer perpetual disqualification to hold public office and deprivation of the right to vote.

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Immigrants

and permanent residents who do not resume residence in the Philippines as stipulated in their affidavit under sec. 5(d) within three years after approval of his/her registration under this Act and yet vote in the next elections contrary to the said sec., shall be penalized by imprisonment of not less than one year, and shall be deemed disqualified as provided in sec. 5(c) of this Act. His/her passport shall be stamped not allowed to vote.
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IMPOSABLE PENALTIES UNDER R.A. 9369


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 years without possibility of parole, and perpetual disqualification to hold public office and deprivation of the right of suffrage. The offender shall be perpetually disqualified to hold any non-elective public office.
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IMPOSABLE PENALTY FOR ELECTORAL SABOTAGE


Penalty

to be imposed shall be LIFE IMPRISONMENT. Any and all either persons or individuals determined to be in conspiracy or in connivance with the members of the BEIs or BOCs involed, shall be meted the same penalty of life imprisonment.

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About LENTE

The Legal Network for Truthful Elections (LENTE) is a nationwide non-partisan election watchdog composed of volunteers trained in Philippine Election Laws.LENTE volunteers engage in monitoring the legal aspects of the elections, pursuant to a firm commitment to the principle that an effective democracy begins with elections that reflect the genuine will of the people. It was launched in 2007. For the 1st automated national Phil. Elections in 3/18/12 2010, its primary activities cover advocacy for

THE END!!! Thank you & God bless us all!!!!

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