Omnibus election code of the philippines pdf

 
    Contents
  1. Election Code Annotated | Law Book | Rex Book Store
  2. Election Code Annotated [Clothbound]
  3. The Omnibus Election Code - The Philippines
  4. Republic Act No. 8295

Full text of the Omnibus Election Code of the Philippines [Batas Pambansa Bilang ]. Featured on the World Wide Web by The Law Firm of Chan Robles. 1 Batas Pambansa Blg. , otherwise known as the Omnibus Election Code of the Philippines, is the basic law governing the conduct of an election. Among. THE PHILIPPINE OMNIBUS ELECTION CODE (BATAS PAMBANSA BILANG ). Section Prohibited contributions - No contribution for purposes of partisan.

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Omnibus Election Code Of The Philippines Pdf

accordance with section twenty-two of this Code, which shall be signed by the Acting . copies of the same to all the election precincts of the Philippines. Election of Local Officials. 29 - V. Election of Members of the Regional Assembly of the Autonomous Regions. 31 - VI. Election of Barangay Officials. This Act shall be known and cited as the "Omnibus Election Code of the Philippines." Sec. 2. Applicability. - This Code shall govern all election of public officers.

Legal definition[ edit ] Section 69 of the Omnibus Election Code states that a nuisance candidate is someone who has filed a certificate of candidacy with the intention of: [1] putting the election process in mockery or disrepute causing confusion among voters by the similarity of their name to other registered candidates other circumstances or acts which clearly demonstrate that the candidate has no bona fide intention to run for the office for which the certificate of candidacy has been filed and is consequently preventing a faithful determination of the true will of the electorate. The following people who filed certificates of candidacy for a public office at the national level Senator, Vice President, President were officially declared as nuisance candidates by COMELEC: Key Put the election process in mockery or disrepute. Caused confusion among the voters by the similarity of the names of the registered candidates. Other circumstances or acts which clearly demonstrate that the candidate has no bona fide intention to run for the office for which the certificate of candidacy has been filed and thus prevents a faithful determination of the true will of the electorate No Information.

Canvass of votes for President and Vice-President by the provincial or city board of canvassers. It shall meet continuously from day to day until the canvass is completed, but may adjourn only for the purpose of awaiting the other election returns. Each time the board adjourns, it shall make a total of all the votes cast for each candidate for President and for Vice-President, duly authenticated by the signatures and thumbmarks of all the members of the provincial, city or district board of canvassers, furnishing the Commission in Manila by the fastest means of communication a copy thereof, and making available the data contained therein to mass media and other interested parties.

Upon the completion of the canvass, the board shall prepare a certificate of canvass showing the votes received by each candidate for the office of the President and for Vice-President, duly authenticated by the signatures and thumbmarks of all the members of the provincial, city or district board of canvassers. Upon the completion of the certificate of canvass, the board shall certify and transmit the said certificate of canvass to the Speaker of the Batasang Pambansa.

The provincial, city and district boards of canvassers shall prepare the certificate of canvass for the election of President and Vice-President, supported by a statement of votes by polling place, in quintuplicate by the use of carbon papers or such other means as the Commission shall prescribe to the end that all five copies shall be legibly produced in one handwriting.

Election Code Annotated | Law Book | Rex Book Store

The five copies of the certificate of canvass must bear the signatures and thumbmarks of all the members of the board. Upon the completion of these certificates and statements, they shall be enclosed in envelopes furnished by the Commission and sealed, and immediately distributed as follows: the original copy shall be enclosed and sealed in the envelope directed to the Speaker and delivered to him at the Batasang Pambansa by the fastest possible means; the second copy shall likewise be enclosed and sealed in the envelope directed to the Commission; the third copy shall be retained by the provincial election supervisor, in the case of the provincial board of canvassers, and by the city election registrar, in the case of the city board of canvassers; and one copy each to the authorized representatives of the ruling party and the dominant opposition political party.

Failure to comply with the requirements of this section shall constitute an election offense.

Correction of errors in certificate and supporting statement already transmitted to the Speaker. Preservation of ballot boxes, their keys, and disposition of their contents. When certificate of canvass is incomplete or bears erasures or alterations.

Said election returns shall be submitted by personal delivery to the Speaker within two days from receipt of notice. When it appears that any certificate of canvass or supporting statement of votes by polling place bears erasures or alterations which may cast doubt as to the veracity of the number of votes stated therein and may affect the result of the election, the Batasang Pambansa upon request of the Presidential or Vice-Presidential candidate concerned or his party shall, for the sole purpose of verifying the actual number of votes cast for President or Vice-President, count the votes as they appear in the copies of the election returns for the Commission.

For this purpose, the Speaker shall require the Commission to deliver its copies of the election returns to the Batasang Pambansa. Proclamation of the President-elect and Vice-President-elect. In case there are certificates of canvass which have not been submitted to the Speaker of the Batasang Pambansa on account of missing election returns, a proclamation may be made if the missing certificates will not affect the results of the election. In case the certificates of canvass which were not submitted on account of missing election returns will affect the results of the election, no proclamation shall be made.

The Speaker shall immediately instruct the boards of canvassers concerned to obtain the missing election returns from the boards of election inspectors or, if the returns have been lost or destroyed upon prior authority from the Commission, to use any authentic copy of said election returns for the purpose of conducting the canvass, and thereafter issue the certificates of canvass.

The certificates of canvass shall be immediately transmitted to the Speaker of the Batasang Pambansa. Proclamation shall be made only upon submission of all certificates of canvass or when the missing certificates of canvass will not affect the results of the election. Regular election of Members of the Batasang Pambansa. Special election for Members of the Batasang Pambansa.

The Batasang Pambansa through a duly approved resolution or an official communication of the Speaker when it is not in session shall certify to the Commission the existence of said vacancy. Composition of the Batasang Pambansa.

Apportionment of representatives. Any province that may hereafter be created or any component city that may hereafter be declared by or pursuant to law as a highly urbanized city shall be entitled in the immediately following election to at least one Member or such number of Members as it may be entitled to on the basis of the number of the inhabitants and on the same uniform and progressive ratio used in the last preceding apportionment.

The number of Members apportioned to the province out of which the new province was created or where the new highly urbanized city is geographically located shall be correspondingly adjusted by the Commission, but such adjustment shall not be made within one hundred twenty days before the election.

Voting by province and its component cities, by highly urbanized city or by district in Metropolitan Manila. The candidates corresponding to the number of Member or Members to be elected in a constituency who receive the highest number of votes shall be declared elected. Sectoral representatives. Each sector shall be entitled to four representatives, two of whom shall come from Luzon, one from Visayas, and one from Mindanao: Provided, That the youth sector shall be entitled to two additional sectoral representatives who shall be elected from any part of the country.

Scope of the sectors. It includes agricultural tenants and lessees, rural workers and farm employees, owner-cultivators, settlers and small fishermen. The industrial labor sector includes all non-agricultural workers and employees.

The youth sector embraces persons not more than twenty-five years of age. Selection of sectoral representatives. The President shall appoint from among the nominees submitted by the aforementioned organizations or aggroupments the representatives of each sector.

In recognizing the most representative and generally recognized organizations or aggroupments, the Ministers of Agrarian Reform and of Agriculture and Food, the Minister of Labor and Employment, and the Ministers of Local Government and Education, Culture and Sports shall consider:chanroblesvirtuallawlibrary a The extent of membership and activity of the organization or aggroupment which should be national; b The responsiveness of the organization or aggroupment to the legitimate aspirations of its sector; c The militancy and consistency of the organization or aggroupment in espousing the cause and promoting the welfare of the sector consistent with that of the whole country; d The observance by such organization or aggroupment of the rule of law; and e Other analogous factors.

The President of the Philippines shall, in writing, notify the Secretary-General of the Batasang Pambansa of the appointment made by him of any sectoral representative. Except as herein otherwise provided, sectoral representatives shall have the same functions, responsibilities, rights, privileges, qualifications and disqualifications as the representatives from the provinces and their component cities, highly urbanized cities or districts of Metropolitan Manila.

Regular elections of local officials. The officials elected shall assume office on the thirtieth day of June next following the election and shall hold office for six years and until their successors shall have been elected and qualified.

All local incumbent officials whose tenure of office shall expire on March 23, shall hold office until June 30, or until their successors shall have been elected and qualified: Provided, That they cannot be suspended or removed without just cause.

Component and highly urbanized cities. The electorate of highly urbanized cities shall not vote in the election for provincial officials of the province in which it is located: Provided, however, That no component city shall be declared or be entitled to a highly urbanized city status within ninety days prior to any election. The Sangguniang Pampook of the autonomous regions. The President shall appoint an additional seven representatives in each region whenever in his judgment any other sector is not properly represented in the Sangguniang Pampook as a result of the elections.

Apportionment of members of the Sangguniang Pampook. Election of members of Sangguniang Pampook. The candidates corresponding to the number of member or members to be elected in a constituency who receive the highest number of votes shall be declared elected. The President of the Philippines shall in writing notify the Speaker of the Sangguniang Pampook of each region of the appointment made by him of any sectoral representative. The sectoral representatives shall have the same functions, responsibilities, rights, privileges, qualifications and disqualifications as the elective provincial representatives to the Sangguniang Pampook: Provided, however, That no defeated candidate for member of the Sangguniang Pampook in the immediately preceding election shall be appointed as sectoral representative.

Filling of vacancy. Term of office. They may not be removed or replaced except in accordance with the internal rules of said assembly or provisions of pertinent laws. The election of members of the Sangguniang Pampook of the two regions shall be held simultaneously with the local elections of Those elected in said elections shall have a term of four years starting June 30, Those elected in the election of to be held simultaneously with the elections of Members of the Batasang Pambansa shall have a term of six years.

Regular election of barangay officials. Conduct of elections. Nothing in this section, however, shall be construed as in any manner affecting or constituting an impairment of the freedom of individuals to support or oppose any candidate for any barangay office. Certificate of Candidacy. The candidate shall state the barangay office for which he is a candidate. The certificate of candidacy shall be filed with the secretary of the sangguniang barangay who shall have the ministerial duty to receive said certificate of candidacy and to immediately acknowledge receipt thereof.

In case the secretary refuses to receive the same, or in the case of his absence or non-availability, a candidate may file his certificate with the election registrar of the city or municipality concerned. The secretary of the sangguniang barangay or the election registrar, as the case may be, shall prepare a consolidated list all the candidates and shall post said list in the barangay hall and in other conspicuous places in the barangay at least ten days before the election.

Any elective or appointive municipal, city, provincial or national official or employee, or those in the civil or military service, including those in government-owned or controlled corporations, shall be considered automatically resigned upon the filing of certificate of candidacy for a barangay office.

Board of Election Tellers. In case no public elementary school teachers are available, the Commission shall designate any registered voter in the polling place who is not an incumbent barangay official nor related to any candidate for any position in that barangay within the fourth civil degree of affinity or consanguinity. The original of this report shall be delivered immediately to the barangay board of canvassers. The second copy shall be delivered to the election registrar and the third copy shall be delivered to the secretary of the sangguniang barangay who shall keep the same on file.

Registration of voters and list of voters. Any voter may challenge the qualification of any person seeking to register and said challenge shall be heard and decided on the same day by the board of election tellers. The final list of voters shall be posted in the polling places at least two days before election day.

The registration of any voter shall not be transferred without written notice at least two days before the date of election. Not later than the day following the barangay election, the board of election tellers shall deliver the list of voters to the election registrar for custody and safekeeping.

Polling places. In case there is no public school or other public building that can be used as polling places, other appropriate private buildings may be designated: Provided, That such buildings are not owned or occupied or possessed by any incumbent elective public official or candidate, or his relative within the fourth civil degree of consanguinity or affinity. The polling place shall be centrally located as possible, always taking into consideration the convenience and safety of the voters.

Official barangay ballots. Such official ballots shall, before they are handed to the voter at the polling place, be authenticated in the presence of the voter, by the authorized representatives of the candidates and the chairman and members of the board of election tellers who shall affix their signatures at the back thereof.

Any ballot which is not authenticated shall be deemed spurious.

Election Code Annotated [Clothbound]

Ballot boxes. Postponement or failure of election. If, on account of force majeure, violence, terrorism, fraud or other analogous causes, the election in any barangay has not been held on the date herein fixed or has been suspended before the hour fixed by law for the closing of the voting therein and such failure or suspension of election would affect the result of the election, the Commission, on the basis of a verified petition of an interested party, and after due notice and hearing, at which the interested parties are given equal opportunity to be heard shall call for the holding or continuation of the election within thirty days after it shall have verified and found that the cause or causes for which the election has been postponed or suspended have ceased to exist or upon petition of at least thirty percent of the registered voters in the barangay concerned.

When the conditions in these areas warrant, upon verification by the Commission, or upon petition of at least thirty percent of the registered voters in the barangay concerned, it shall order the holding of the barangay election which was postponed or suspended.

Barangay board of canvassers. In case the number of public elementary school teachers is inadequate, the Commission shall designate the chairman and members of the barangay board of canvassers from among the board of election tellers. The board of canvassers shall accomplish the certificate of proclamation in triplicate on a form to be prescribed by the Commission. The original of the certificate shall be sent to the election registrar concerned, the second copy shall be delivered to the secretary of the sangguniang bayan or sangguniang panglunsod, as the case may be, and the third copy shall be kept on file by the secretary of the sangguniang barangay.

Nothing in this section, however, shall be construed as in any manner affecting or constituting an impairment of the freedom of individuals to support or oppose any candidate for any barangay office. Certificate of Candidacy. The candidate shall state the barangay office for which he is a candidate. The certificate of candidacy shall be filed with the secretary of the sangguniang barangay who shall have the ministerial duty to receive said certificate of candidacy and to immediately acknowledge receipt thereof.

In case the secretary refuses to receive the same, or in the case of his absence or non-availability, a candidate may file his certificate with the election registrar of the city or municipality concerned. The secretary of the sangguniang barangay or the election registrar, as the case may be, shall prepare a consolidated list all the candidates and shall post said list in the barangay hall and in other conspicuous places in the barangay at least ten days before the election.

Any elective or appointive municipal, city, provincial or national official or employee, or those in the civil or military service, including those in government-owned or controlled corporations, shall be considered automatically resigned upon the filing of certificate of candidacy for a barangay office. Board of Election Tellers. In case no public elementary school teachers are available, the Commission shall designate any registered voter in the polling place who is not an incumbent barangay official nor related to any candidate for any position in that barangay within the fourth civil degree of affinity or consanguinity.

The original of this report shall be delivered immediately to the barangay board of canvassers. The second copy shall be delivered to the election registrar and the third copy shall be delivered to the secretary of the sangguniang barangay who shall keep the same on file. Registration of voters and list of voters.

Any voter may challenge the qualification of any person seeking to register and said challenge shall be heard and decided on the same day by the board of election tellers. The final list of voters shall be posted in the polling places at least two days before election day. The registration of any voter shall not be transferred without written notice at least two days before the date of election. Not later than the day following the barangay election, the board of election tellers shall deliver the list of voters to the election registrar for custody and safekeeping.

Polling places. In case there is no public school or other public building that can be used as polling places, other appropriate private buildings may be designated: Provided, That such buildings are not owned or occupied or possessed by any incumbent elective public official or candidate, or his relative within the fourth civil degree of consanguinity or affinity.

The polling place shall be centrally located as possible, always taking into consideration the convenience and safety of the voters. Official barangay ballots. Such official ballots shall, before they are handed to the voter at the polling place, be authenticated in the presence of the voter, by the authorized representatives of the candidates and the chairman and members of the board of election tellers who shall affix their signatures at the back thereof.

Any ballot which is not authenticated shall be deemed spurious.

Ballot boxes. Postponement or failure of election. If, on account of force majeure, violence, terrorism, fraud or other analogous causes, the election in any barangay has not been held on the date herein fixed or has been suspended before the hour fixed by law for the closing of the voting therein and such failure or suspension of election would affect the result of the election, the Commission, on the basis of a verified petition of an interested party, and after due notice and hearing, at which the interested parties are given equal opportunity to be heard shall call for the holding or continuation of the election within thirty days after it shall have verified and found that the cause or causes for which the election has been postponed or suspended have ceased to exist or upon petition of at least thirty percent of the registered voters in the barangay concerned.

When the conditions in these areas warrant, upon verification by the Commission, or upon petition of at least thirty percent of the registered voters in the barangay concerned, it shall order the holding of the barangay election which was postponed or suspended. Barangay board of canvassers. In case the number of public elementary school teachers is inadequate, the Commission shall designate the chairman and members of the barangay board of canvassers from among the board of election tellers.

The board of canvassers shall accomplish the certificate of proclamation in triplicate on a form to be prescribed by the Commission. The original of the certificate shall be sent to the election registrar concerned, the second copy shall be delivered to the secretary of the sangguniang bayan or sangguniang panglunsod, as the case may be, and the third copy shall be kept on file by the secretary of the sangguniang barangay.

Activities during the campaign period. The members of the barangay assembly may take up and discuss other matters relative to the election of barangay officials. Inclusion and exclusion cases.

The notice of such decision shall be served to all parties within twenty-four hours following its promulgation and any party adversely affected may appeal therefrom within twenty-four hours to the regional trial court which shall finally decide the same not later than two days before the date of the election.

Powers and functions of the Commission on Elections. In addition, it may authorize CMT cadets eighteen years of age and above to act as its deputies for the purpose of enforcing its orders.

The Commission may relieve any officer or employee referred to in the preceding paragraph from the performance of his duties relating to electoral processes who violates the election law or fails to comply with its instructions, orders, decisions or rulings, and appoint his substitute.

Upon recommendation of the Commission, the corresponding proper authority shall suspend or remove from office any or all of such officers or employees who may, after due process, be found guilty of such violation or failure.

Rules and regulations promulgated by the Commission to implement the provisions of this Code shall take effect on the sixteenth day after publication in the Official Gazette or in at least daily newspapers of general circulation. Orders and directives issued by the Commission pursuant to said rules and regulations shall be furnished by personal delivery to accredited political parties within forty-eight hours of issuance and shall take effect immediately upon receipt.

In case of conflict between rules, regulations, orders or directives of the Commission in the exercise of its constitutional powers and those issued by any other administrative office or agency of the government concerning the same matter relative to elections, the former shall prevail.

In case of failure of a witness to attend, the Commission, upon proof of service of the subpoena to said witnesses, may issue a warrant to arrest witness and bring him before the Commission or the officer before whom his attendance is required.

Any controversy submitted to the Commission shall, after compliance with the requirements of due process, be immediately heard and decided by it within sixty days from submission thereof. No decision or resolution shall be rendered by the Commission either en banc or by division unless taken up in a formal session properly convened for the purpose.

Any violation of any final and executory decision, order or ruling of the Commission shall constitute contempt thereof. Such groups or organizations shall function under the direct and immediate control and supervision of the Commission and shall perform the following specific functions and duties:chanroblesvirtuallawlibrary A. Before Election Day:chanroblesvirtuallawlibrary 1.

Undertake an information campaign on salient features of this Code and help in the dissemination of the orders, decisions and resolutions of the Commission relative to the forthcoming election. Wage a registration drive in their respective areas so that all citizens of voting age, not otherwise disqualified by law may be registered.

Help cleanse the list of voters of illegal registrants, conduct house-to-house canvass if necessary, and take the appropriate legal steps towards this end. Report to the Commission violations of the provisions of this Code on the conduct of the political campaign, election propaganda and electoral expenditures. On Election Day:chanroblesvirtuallawlibrary 1.

Exhort all registered voters in their respective areas to go to their polling places and cast their votes. Nominate one watcher for accreditation in each polling place and each place of canvass who shall have the same duties, functions and rights as the other watchers of political parties and candidates.

Members or units of any citizen group or organization so designated by the Commission except its lone duly accredited watcher, shall not be allowed to enter any polling place except to vote, and shall, if they so desire, stay in an area at least fifty meters away from the polling place.

Report to the peace authorities and other appropriate agencies all instances of terrorism, intimidation of voters, and other similar attempts to frustrate the free and orderly casting of votes.

The Omnibus Election Code - The Philippines

Perform such other functions as may be entrusted to such group or organization by the Commission. The designation of any group or organization made in accordance herewith may be revoked by the Commission upon notice and hearing whenever by its actuations such group or organization has shown partiality to any political party or candidate, or has performed acts in excess or in contravention of the functions and duties herein provided and such others which may be granted by the Commission.

Unless indicated in this Code, the Commission is hereby authorized for fix the appropriate period for the various prohibited acts enumerated herein, consistent with the requirements of free, orderly, and honest elections. Field offices of the Commission. The Commission may delegate its powers and functions or order the implementation or enforcement of its orders, rulings, or decisions through the heads of its field offices.

Office space. Changes in the composition, distribution or assignment of field offices. Measures to ensure enforcement. To issue search warrants after examination under oath or affirmation of the complainant and the witnesses 2. To stop any illegal election activity, or confiscate, tear down, and stop any unlawful, libelous, misleading or false election propaganda, after due notice and hearing.

To inquire into the financial records of candidates and any organization or group of persons, motu proprio or upon written representation for probable cause by any candidate or group of persons or qualified voter, after due notice and hearing.

Republic Act No. 8295

For purposes of this section, the Commission may avail itself of the assistance of the Commission on Audit, the Central Bank, the National Bureau of Investigation, the Bureau of Internal Revenue, the Armed Forces of the Philippines, the Integrated National Police of the Philippines, barangay officials, and other agencies of the government.

Disqualifications of members of the Commission. No chairman or commissioner shall sit in any case in which he has manifested bias or prejudice for or against or antagonism against any party thereto and in connection therewith, or in any case in which he would be disqualified under the Rules of Court.

If it be claimed that the chairman or a commissioner is disqualified as above provided, the party objecting to his competency may file his objection in writing with the Commission stating the ground therefor. The official concerned shall continue to participate in the hearing or withdrawn therefrom in accordance with his determination of the question of his disqualification. The decision shall forthwith be made in writing and filed with the other papers of the case in accordance with the Rules of Court.

If a disqualification should result in a lack of quorum in the Commission sitting en banc, the Presiding Justice of the Intermediate Appellate Court shall designate a justice of said court to sit in said case for the purpose of hearing and reaching a decision thereon. Publication of official ballots and election returns and printing thereof. Political party. To acquire juridical personality, quality it for subsequent accreditation, and to entitle it to the rights and privileges herein granted to political parties, a political party shall first be duly registered with the Commission.

Any registered political party that, singly or in coalition with others, fails to obtain at least ten percent of the votes cast in the constituency in which it nominated and supported a candidate or candidates in the election next following its registration shall, after notice and hearing be deemed to have forfeited such status as a registered political party in such constituency.

The Commission shall, after due notice and hearing, resolve the petition within ten days from the date it is submitted for decision. No religious sect shall be registered as a political party and no political party which seeks to achieve its goal through violence shall be entitled to accreditation. Publication of petition for registration or accreditation. Qualifications for President and Vice-President of the Philippines. Qualifications for Members of the Batasang Pambansa.

A sectoral representative shall be a natural-born citizen of the Philippines, able to read and write, a resident of the Philippines, able to read and write, a resident of the Philippines for a period of not less than one year immediately preceding the day of the election, a bona fide member of the sector he seeks to represent, and in the case of a representative of the agricultural or industrial labor sector, shall be a registered voter, and on the day of the election is at least twenty-five years of age.

The youth sectoral representative should at least be eighteen and not be more than twenty-five years of age on the day of the election: Provided, however, That any youth sectoral representative who attains the age of twenty-five years during his term shall be entitled to continue in office until the expiration of his term. Qualifications of elective local officials. Candidates holding appointive office or positions.

Candidates holding elective office. Any person who is a permanent resident of or an immigrant to a foreign country shall not be qualified to run for any elective office under this Code, unless said person has waived his status as permanent resident or immigrant of a foreign country in accordance with the residence requirement provided for in the election laws.

Nuisance candidates. Guest candidacy.