New Omnibus Election Code of 2025

TWENTIETH CONGRESS OF THE) Fist Regular SS PLAINES First Regular Session JUL 10 P6:08 S.B. No. _ SENATE 25 RECEIVED BY: Introduced by SENATOR IMEE R. MARCOS AN ACT PROVIDING FOR THE NEW OMNIBUS ELECTION CODE OF 2025 EXPLANATORY NOTE The Omnibus Election Code (OEC) is well more than three decades old. Since the inception of the OEC, there have been many significant changes in the manner by which elections are conducted. The advancement in technology and the thrust for greater inclusion in the electoral processes spurred the introduction and adoption of the automated election system, internet voting, overseas voting, local absentee voting, voting by persons deprived of liberty, and the party-list system, to name a few. Likewise, regulations and limitations under the OEC have since been proven inadequate to realistically ensure a more level-playing field for candidates. Certain provisions of the OEC are outrightly ill-suited for modern times. In an attempt to modernize the OEC, a multitude of laws have been passed over the years. However, each of these statutes only addressed particular and limited areas in the vast field of election law. Compounding matters even more is the fact that these election statutes oftentimes overlap with each other in terms of the scope and the matters that they govern, without however, necessarily amending or repealing each other. As a result of decades of piecemeal legislation, the corpus of election law in this jurisdiction has become highly fragmented. Oftentimes, several statutes must be taken into account before an accurate legal opinion may be formed on an election matter and the corresponding action be safely taken. It is quite clear as well that substantial portions of the OEC, which is supposed to be the codification of all the election laws of the land, is no longer applicable or reliable. These circumstances render the study, interpretation, application, and enforcement of election laws unduly burdensome and confusing for all stakeholders. Moreover, even the more recent statutes are themselves in need of revisions. For instance, the weaknesses of the automated election systems and the greater need for more transparency require the adoption of a hybrid system. Also, the rampant abuses of the party-list system necessitate an overhaul of its implementation.

Furthermore, the vastly inadequate limits on campaign expenditures and the need to strengthen the mechanisms that monitor and enforce these limits demand that the law on campaign finance be revamped. The need to ensure that senior citizens, persons with disabilities, pregnant women, indigenous peoples, and internally displaced persons are given ample opportunity to cast their votes calls for the expansion of local absentee voting and the institutionalization of the emergency accessible polling places. Finally, the rise of a new avenues for political campaigns-the use of the internet, social media, and billboards-requires the institution of contemporary measures in the areas of campaign propaganda. Aside from the aforementioned issues that have arisen after the enactment of the OEC, many of the perineal problems that were already in existence prior to such enactment, particularly vote-buying and abuse of state resources, still persist today. It is therefore apparent that a massive overhaul of election statutes is long overdue. Also obvious is the need to re-codify the now scattered election statutes and assemble them together into one coherent, unified, and extensive law. It is hoped that by so revising and re-codifying the election laws in this jurisdiction, future electoral exercises will be more transparent, fair, honest, and credible. In view of the foregoing, approval of this bill is earnestly sought. Inee h. Така IMEE R. MARCOS

NINETEENTH CONGRESS OF THE) First Regular Session JUL 10 P6:08 SENATE S.B. No. _ RECE Introduced by SENATOR IMEE R. MARCOS AN ACT PROVIDING FOR THE NEW OMNIBUS ELECTION CODE OF 2025 Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled: CHAPTER I PRELIMINARY PROVISIONS Article 1 General Provisions

SECTION 1. Title. - This Act shall be known and cited as the "New Omnibus

Election Code of 2025."

SEC. 2. Applicability. - This Code shall govern all election of public officers,

referenda, initiatives and plebiscites: Provided, however, That the election of elective officials in the autonomous regions, whose offices were created by the organic laws of such regions or by regional laws, shall be governed primarily by such organic laws and secondarily by regional election law of the regions concerned: Provided further, That the provisions of this Code shall have suppletory application to such organic and regional laws.

SEC. 3. Election Code to be available in polling places. - A printed copy of this

Code in English or in the national language shall be provided and be made available by the Commission in every polling place, in order that it may be readily consulted by any person in need thereof on the registration, revision and election days.

SEC. 4. Official mail and telegram relative to elections. - Papers connected with

the election and required by this Code to be sent by public officers in the performance of their election duties shall be free of postage and sent by registered special delivery mail. Telecommunications of the same nature shall likewise be transmitted free of charge by government telecommunications and similar facilities. It shall be the duty of the Postmaster General, the Department of Information 30 and Communications Technology (DICT), and the managers of private

telecommunication companies to transmit immediately and in preference to all other communications such messages or communications which the Commission may require or may be necessary to ensure free, honest and orderly elections. Article 2 Definition of Terms

SEC. 5. Definition of Terms. - As used in this Code and except when otherwise

indicated, the following terms shall be defined as follows: (1) "Accessible Polling Place" refers to the venue where the Electoral Board conducts election-related proceedings and where the voters cast their votes. The accessible polling place shall be located at the ground floor, preferably near the entrance of the building, shall be readily accessible to public transportation, shall be free of any physical barriers, and provided with the necessary infrastructure including assistive devices, transport wheelchairs, ramps, railings, sidewalks, adequate lighting, ventilation, sufficient signage and directional signs, lists of candidates transcribed in braille, and other features for persons with disabilities (PWDs), pregnant women, and senior citizens, as well as support services of experts in assisting PWDs such as sign language interpreters. Accessible polling places shall be located in public schools, town halls or plazas, civic centers, community centers, or other similarly designated venues. In designating the accessible polling places, the Commission shall give preference to venues designed with special features to ensure the safety and comfort of senior citizens, pregnant women, and persons with disabilities. (2) "Blog" and "Collective blog" refers to websites on which an individual or group of users, respectively, record news, opinions, and information, in varying degrees of regularity. A "micro-blog" refers to a blogging format which allows users to exchange small elements of content, referred to variously as posts, entries or status updates, such as short sentences, individual images, or links to video material uploaded to the internet. (3) The term "candidate" refers to any person seeking an elective public office, who has filed his or her certificate of candidacy, and who has not died, withdrawn his or her certificate of candidacy, had his or her certificate of candidacy denied due course or cancelled, or has been otherwise disqualified: Provided, That, unlawful acts or omissions applicable to a candidate shall take effect immediately after the last day of filing of the certificate of candidacy. The term also refers to any duly registered national or regional political party, coalition of political parties, sectoral parties, or sectoral organizations that has filed a manifestation of intent to participate under the party-list system, which has not withdrawn the said manifestation, and which has not been disqualified or had its registration cancelled. (4) "Certified List of Overseas Voters (CLOV)" refers to the list of registered overseas voters whose applications to vote overseas have been approved by

the Commission, said list to be prepared by the Office for Overseas Voting of the Commission, on a country-by-country and post-by-post basis. The list shall be approved by the Commission in an en banc resolution. (5) A "coalition"refers to an aggrupation of duly registered national political parties or regional political parties. (6) The terms "Contractors" and "business firms" refer to any person, natural or juridical, or firm to whom any electoral expenditure is made, including but not limited to, media entities, media outlets, internet and social media platforms, advertising agencies, public relations firms and other intermediaries, event organizers, talent endorsers and their managers, digital influencers, and printing press for the purpose of entering into political advertisement contracts. "Social media associates" refer to contractors whose primary duty is to promote the election or defeat of any candidate through social media interactions and engagement. (7) The term "contribution" includes a gift, donation, subscription, loan, advance or deposit of money or anything of value, or a contract, promise or agreement to contribute, whether or not legally enforceable, made for the purpose of influencing the results of the elections but shall not include services rendered without compensation by individuals volunteering a portion or all of their time in behalf of a candidate, party, organization, or coalition of parties. It shall also include the use of facilities voluntarily donated by other persons, the money value of which can be assessed based on the rates prevailing in the area. (8) "Day of Election" refers to the actual date of elections in the Philippines. (9) "Department of Foreign Affairs Overseas Voting Secretariat" (DFA-OVS) refers to the secretariat based at the Department of Foreign Affairs (DFA) home office tasked to assist the Office for Overseas Voting (OFOV) under the Commission, and to direct, coordinate and oversee the participation of the DFA in the implementation of the Overseas Voting Act. (10) "E-rally" refers to a rally under this Article which is conducted for an online audience. (11) "Election campaign" or "partisan political activity" refers to any act designed to promote the election or defeat of a particular candidate or candidates to a public office, and shall include any of the following: (a) Forming organizations, associations, clubs, committees or other groups of persons for the purpose of soliciting votes and/or undertaking any campaign for or against a candidate; (b) Creating on any social media platform, user groups or community pages, for the purpose of conducting campaigns or related partisan political activity;

(c) Holding political caucuses, conferences, meetings, rallies, parades or other similar assemblies for the purpose of soliciting votes and/or undertaking any campaign or propaganda for or against a candidate; (d) Making speeches, announcements or commentaries, or holding interviews for or against the election of any candidate for public office; (e) Publishing, displaying, or distributing campaign literature or materials designed to support or oppose the election of any candidate; or (f) Directly or indirectly soliciting votes, pledges, or support for or against any candidate. Personal opinions, views, and preferences for candidates, contained in blogs and micro-blogs shall not be considered as acts of election campaigning or partisan political activity unless expressed by government officials and employees, including contract of service and job order personnel. (12) "Election returns" refers to a) a document in electronic and printed form directly produced by the counting or voting machine, showing the date of the election, the province, municipality and the precinct in which it is held and the votes in figures for each candidate in a precinct and b) a document in printed form and manually accomplished for purposes of reflecting the manual count of the votes at the polling precinct, showing the date of the election, the province, municipality, and the precinct in which it is held and the votes in figures for each precinct. In barangay and Sangguniang Kabataan elections and in other electoral exercises that uses the manual system, election returns shall be understood to be the document in printed form and manually accomplished for purposes of reflecting the manual count of the votes at the polling precinct, showing the date of the election or any other electoral exercise, the province, municipality, and the precinct in which it is held and the votes in figures for each precinct. (13) "Election survey" refers to the measurement of opinions and perception of voters as regards a candidate's popularity, qualifications, platforms or matters of public discussion in relation to the election, including voters' preference for candidates or publicly discussed issues. (14) "Electoral ads" and "electoral posts" refers to advertisements and social media posts that have for their primary purpose the promotion of the victory or defeat of an official candidate. (15) "Electronic transmission" refers to the conveyance of data in electronic form from one location to another. (16) "Exit polls" refers to a species of election survey conducted by a qualified individual or group for the purpose of determining the probable result of an election by confidentially asking randomly selected voters for the names of candidates they have voted for, immediately after they have officially cast their ballots.

(17) The term "expenditure" includes the payment or delivery of money of anything of value, or a contract, promise or agreement to make an expenditure, for the purpose of influencing the results of the election. It shall also include the use of facilities personally owned by the candidate, the money value of the use of which can be assessed based on the rates prevailing in the area. (18) "Field Registration" refers to the conduct of registration of overseas voters at predetermined locations, either in the Philippines, as may be determined by the Commission, or outside the posts, upon the favorable recommendation of the DFA-OVS, both being of limited duration and based on the guidelines prescribed by the Commission for that exclusive purpose; the government shall not collect fees for the same. (19) "Health Workers" shall mean all persons who are engaged in health and health-related work, and all persons employed in all hospitals, sanitaria, health infirmaries, health centers, rural health units, barangay health stations, clinics, and other health-related establishments owned and operated by the government or its political subdivisions with original charters and shall include medical, allied health professional, administrative and support personnel employed regardless of their employment status. (20) "Hybrid election system" refers to a system using the appropriate technology which has been demonstrated in the voting, counting, consolidating, canvassing, and transmission of election results, and other electoral processes but also utilizes manual counting to ensure transparency and credibility of the electoral processes. (21) "Indigenous peoples" refers to qualified voters who belong to a group of people or homogenous societies identified by self-ascription and ascription by others, who have continuously lived as organized community on communally bounded and defined territory, and who have, under claims of ownership since time immemorial, occupied, possessed and utilized such territories, sharing common bonds of language, customs, traditions and other distinctive cultural traits, or who have, through resistance to political, social and cultural inroads of colonization, non-indigenous religions and cultures, became historically differentiated from the majority of Filipinos. Indigenous peoples shall likewise include peoples who are regarded as indigenous on account of their descent from the populations which inhabited the country, at the time of conquest or colonization, or at the time of inroads of non-indigenous religions and cultures, or the establishment of present state boundaries, who retain some or all of their own social, economic, cultural and political institutions, but who may have been displaced from their traditional domains or who may have resettled outside their ancestral domains. (22) "Initiative" refers to the power of the people to propose amendments to the Constitution or to propose and enact legislations through an election called for the purpose.

(23) "Internally Displaced Person" or "IDP" refers to a person who has been forced or obliged to flee or to leave home or place of habitual residence within the national borders as a result of, or in order to avoid or minimize, the effects of armed conflict, situations of generalized and/or organized violence, violations of human rights, implementation of development projects, or natural and human-induced or human-made hazards or disasters. (24) "Livestreaming" refers to the live broadcasting of an event over the internet. (25) "Local Absentee Voting" refers to a system of voting whereby government officials and employees, including the Armed Forces of the Philippines and the Philippine National Police, as well as members of the media, media practitioners including their technical and support staff, who are registered voters are allowed to vote for national positions, in places where they are not registered voters but where they are temporarily assigned to perform election duties on election day, or in case of media practitioners and their support staff, they will not be able to vote due to the performance of their functions in covering and reporting the elections. (26) "Marginalized and underrepresented sectors" refer to the sectors expressly mentioned in Article VI, Section 5 of the Constitution and other sectors that are, by nature, economically, politically, culturally, or socially marginalized from, and/or underrepresented in, mainstream economic, political, cultural, or social activities. These sectors include fisherfolk, persons with disabilities, veterans, overseas workers, and other similar sectors. (27) "Mass media" refers to diversified technologies, operating on various platforms, that have for their primary purpose the transmission of information and communication to a large audience. These platforms include broadcast, internet and mobile, print, and outdoor. "Mass media entities" refer to individuals and organizations that exercise control over these technologies and determine, whether directly or indirectly, the content being distributed using these technologies. "Social media" is a form of mass media. (28) "Media practitioner" refers to a person who is not employed by a media entity but performs similar functions or has control over what is printed or broadcast such as a talent or a block timer. Persons who create online content for personal or collective blogs and micro- blogs shall be considered as media practitioners. (29) A "meme" refers to an image or video that is spread by internet users on various social media networks. (30) "Microtargeting" refers to a form of targeting online advertisement that uses the analysis of a person's online usage to preferentially serve

advertisements and other information that specifically reflects that individual user's preferences and personality. (31) "Mobile Registration" refers to the conduct of registration of overseas voters at various locations outside the posts, other than at field registrations, undertaken as part of the posts' mobile consular and outreach activities to Filipinos within their jurisdictions. (32) "Municipal/City/District Registry of Overseas Voters (ROV)" refers to the consolidated list prepared, approved and maintained by the Commission for every municipality/city/district of overseas voters whose applications for registration as such, including those registered voters who applied for certification as overseas voters, have been approved by the Election Registration Board and/or resident Election Registration Board. (33) "National Registry of Overseas Voters (NROV)"refers to the consolidated list prepared, approved and maintained by the Commission of overseas voters whose applications for registration as overseas voters, including those registered voters under Republic Act No. 8189 who have applied to be certified as overseas voters, have been approved by the resident Election Registration Board, indicating the post where the overseas voter is registered. (34) "Office for Overseas Voting (OFOV)" refers to the Office of the Commission tasked to oversee and supervise the effective implementation of the Overseas Voting Act. (35) "Online campaigning" refers to the use of the internet to distribute campaign propaganda. This includes text-only posts on social media, pictures, audio clips and video clips, regardless of duration, and all combinations of such formats. (36) "Overseas Voter" refers to a citizen of the Philippines who is qualified to register and vote under this Act, not otherwise disqualified by law, who is abroad on the day of elections. (37) "Overseas Voting" refers to the process by which qualified citizens of the Philippines abroad exercise their right to vote. (38) The term "person" includes an individual, partnership, committee, association, corporation, and any other organization or group of persons, as applicable. The use of the terms "he", "his", or "him", shall be understood to cover "she" or "her" as the case may be. (39) "Persons Deprived of Liberty" or "PDLs" refers to any person who is: (a) confined in jail, who has been formally charged for an offense and is awaiting or undergoing trial; (b) Serving a sentence of imprisonment for less than one (1) year; or

(c) Convicted of a crime but has timely filed an appeal against such conviction. (40) "Persons with disabilities" or "PWDs" refers to qualified voters who have long term physical, mental, intellectual, or sensory impairments which, in interaction with various barriers, may hinder their full and effective participation in society on an equal basis with others. "Plebiscite" refers to the electoral process by which an initiative on the Constitution is approved or rejected by the people. (42) "Political advertisement" or "election propaganda" refers to any matter broadcasted, published, printed, displayed, or exhibited, in any medium, which contains the name, image, logo, brand, insignia, initials, and other symbol or graphic representation that is capable of being associated with a candidate, and is exclusively intended to draw the attention of the public or a segment thereof to promote or oppose, directly or indirectly, the election of the said candidate or candidates to a public office. In broadcast media, political advertisements may take the form of spots, appearances on television shows and radio programs, live or taped announcements, teasers, and other forms of advertising messages or announcements used by commercial advertisers. (43) The term "political party"when used in this Code, refers to an organized group of citizens advocating an ideology or platform, principles and policies for the general conduct of government and which, as the most immediate means of securing their adoption, regularly nominates and supports certain of its leaders and members as candidates for public office. A political party is a national party when its constituency is spread over the geographical territory of at least a majority of the regions. It is a regional party when its constituency is spread over the geographical territory of at least a majority of the cities and provinces comprising the region. (44) "Posts", within the context of overseas voting, registration, or canvassing, refer to the Philippine embassies, consulates, foreign service establishments and other Philippine government agencies maintaining offices abroad and having jurisdiction over the places where the overseas voters reside. (45) "Pregnant women" refer to qualified voters who are pregnant during election day regardless of the number of trimesters. For purposes of local absentee voting, the term shall refer to qualified voters who are pregnant at the time of registration to avail of absentee voting and who, in the natural course of events, are expected to remain pregnant during the period of absentee voting. (46) "Proposition" refers to the measure proposed by the voters.

(47) "Public places" shall mean any property, whether movable or immovable, that is owned or controlled by the Government and it shall include the properties owned or controlled by the local government units, government- owned and controlled corporations, and other agencies and instrumentalities of the Government. (48) The term "public utility" refers to any business or service engaged in regularly supplying the public with some commodity or service of public consequence such as electricity, gas, water, transportation, telephone, telegraph, or internet service. (49) "Quarantined and Hospitalized Persons" shall refer to persons who are quarantined or receiving medical treatment in quarantine facilities and hospitals accredited by the Commission due to the existing public health emergency. (50) "Referendum" refers to the power of the electorate to approve or reject a legislation through an election called for the purpose. (51) "Repatriated Overseas Voter" refers to a citizen of the Philippines registered and allowed to vote under Republic Act (RA) No. 9189, as amended, but was repatriated due to special circumstances such as armed conflict, issues in international relations, state of emergency or calamity, or any other analogous circumstances beyond the control or fault of the voter. (52) "Resident Election Registration Board (RERB)" refers to the in-house Election Registration Board in every post and in the OFOV, which processes, approves or disapproves all applications for registration and/or certification as overseas voters, including the deactivation, reactivation and cancellation of registration records. (53) "Satellite Registration" refers to registration conducted by an Election Officer in established satellite offices located in a public place within his or her area of jurisdiction. It accepts application for registration, transfer or transfer with reactivation, reactivation of registration records, change or correction of entries and validation of registration from all registrants or voters residing within the Election Officer's territorial jurisdiction. (54) "Seafarers" refer to ship officers and ratings manning ships, including offshore workers, service providers and fishermen, as denned in the revised rules on the issuance of seafarer's identification and record book of the Maritime Industry Authority. (55) A "sectoral party" or "sectoral organization"refers to an organized group of citizens belonging to any of the marginalized and underrepresented sectors and whose principal advocacy pertains to the special interests and concerns of their sector.

(56) "Senior citizens"refer to qualified voters who are at least sixty (60) years old. (57) "Social Media" refers to the collective online communication channels, including websites and applications, that enable users to create and share content, collaborate, and interact with each other. Video sharing sites which allow users to post comments on individual entries shall be considered as falling within the category of "social media." "Social Media Account" refers to a user's personalized access to a social networking site or application, typically using a username and password on the same social networking site. "Social Media Post" refers to any text, audio, or graphic content, or any combination thereof, published online using a social media account. (58) "Source code" refers to the human readable instructions that define what a computer equipment will do. (59) "Special registration" refers to registration conducted in established satellite offices by a special registration team designated by the Commission. It exclusively caters to first time person with disability and senior citizen registrants residing outside the area of jurisdiction of the regular Election Officer conducting the satellite registration. The term "Statement of Contributions and Expenditures" or "SOCE" (60) refers to the complete set of campaign finance disclosure statements that candidates, parties, or organizations are required to submit by law, in the for prescribed by the Commission. Article 3 The Commission on Elections

SEC. 6. Powers and functions of the Commission on Elections. - The

Commission shall have exclusive charge of the enforcement and administration of all laws and regulations relative to the conduct of election, plebiscite, initiative, referendum, and recall for the purpose of ensuring free, orderly and honest elections, and shall: (a) Exercise exclusive original jurisdiction over all contests relating to the elections, returns, and qualifications of all elective regional, provincial, and city officials, and appellate jurisdiction over all contests involving elective municipal officials decided by trial courts of general jurisdiction, or involving elective barangay officials decided by trial courts of limited jurisdiction. Decisions, final orders, or rulings of the Commission on election contests involving elective municipal and barangay offices shall be final, executory, and not appealable.

(b) Decide, except those involving the right to vote, all questions affecting elections, including determination of the number and location of polling places, appointment of election officials and inspectors, and registration of voters. (c) Summon the parties to a controversy pending before it, issue subpoena and subpoena duces tecum, and take testimony in any investigation or hearing before it, and delegate such power to any officer of the Commission who shall be a member of the Philippine Bar. Whenever vital, the Commission may conduct hearings on controversies pending before it in the cities or provinces upon proper motion of any party, taking into consideration the materiality and number of witnesses to be presented, the situation prevailing in the area and the fund available for the purpose. The Commission may, when necessary, avail of the assistance of any national or local law enforcement agency and/or instrumentality of the government to execute under its direct and immediate supervision any of its final decisions, orders, instructions or rulings. 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. (d) Punish contempt provided for in the Rules of Court in the same procedure and with the same penalties provided therein. Any violation of any final and executory decision, order or ruling of the Commission shall constitute contempt thereof. (e) Enforce and execute its decisions, directives, orders and instructions which shall have precedence over those emanating from any other authority, except the Supreme Court and those issued in habeas corpus proceedings. (f) Deputize, with the concurrence of the President, law enforcement agencies and instrumentalities of the Government, including the Armed Forces of the Philippines, for the exclusive purpose of ensuring free, orderly, honest, peaceful, and credible elections. (g) Exercise direct and immediate supervision and control over national and local officials or employees, including members of any national or local law enforcement agency and instrumentality of the government who it has deputized or who are required by law to perform duties relative to the conduct of elections. The Commission may relieve any officer or employee referred to in the preceding paragraph from the performance of his or her 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. The

Commission shall recommend to the proper authority the removal of any officer or employee it has deputized, or the imposition of any other disciplinary action, for violation or disregard of, or disobedience to, its directive, order, or decision. (h) Register, after sufficient publication, political parties, organizations, or coalitions which, in addition to other requirements, must present their platform or program of government; and accredit citizens' arms of the Commission on Elections. Religious denominations and sects shall not be registered. Those which seek to achieve their goals through violence or unlawful means, or refuse to uphold and adhere to this Constitution, or which are supported by any foreign government shall likewise be refused registration. Financial contributions from foreign governments and their agencies to political parties, organizations, coalitions, or candidates related to elections, constitute interference in national affairs, and, when accepted, shall be an additional ground for the cancellation of their registration with the Commission, in addition to other penalties that may be prescribed by law. (i) File, upon a verified complaint, or on its own initiative, petitions in court for inclusion or exclusion of voters; investigate and, where appropriate, prosecute cases of violations of election laws, including acts or omissions constituting election frauds, offenses, and malpractices. (i) Recommend to the Congress effective measures to minimize election spending, including limitation of places where propaganda materials shall be posted, and places erfere prome. to prevent and penalize all forms of election frauds, offenses, malpractices, and nuisance candidacies. (k) Submit to the President and the Congress, a comprehensive report on the conduct of each election, plebiscite, initiative, referendum, or recall. (1) Promulgate rules and regulations implementing the provisions of this Code or other laws which the Commission is required to enforce and administer, and require the payment of legal fees and collect the same in payment of any business done in the Commission, at rates that it may provide and fix in its rules and regulations. Rules and regulations promulgated by the Commission to implement the provisions of this Code shall take effect on the fifteenth day after publication in the Official Gazette or in at least two 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. (m) Prescribe the forms to be used in the election, plebiscite or referendum. (n) Procure any supplies, equipment, materials or services needed for the holding of the election, subject to the provisions of existing laws. (o) Prescribe the use or adoption of the latest technological and electronic devices, taking into account the situation prevailing in the area and the funds available for the purpose: Provided, That the Commission shall notify the authorized representatives of accredited political parties and candidates in areas affected by the use or adoption of technological and electronic devices not less than thirty days prior to the effectivity of the use of such devices. (p) Carry out a continuing and systematic campaign through newspapers of general circulation, radios and other media forms to educate the public and fully inform the electorate about election laws, procedures, decisions, and other matters relative to the work and duties of the Commission and the necessity of clean, free, orderly and honest electoral processes. (q) During the election period, supervise or regulate the enjoyment or utilization of all franchises or permits for the operation of transportation and other public utilities, media of communication or information, all grants, special privileges, or concessions granted by the Government or any subdivision, agency, or instrumentality thereof, including any government-owned or controlled corporation or its subsidiary. Such supervision or regulation shall aim to ensure equal opportunity, time, and space, and the right to reply, including reasonable, equal rates therefor, for public information campaigns and forums among candidates in connection with the objective of holding free, orderly, honest, peaceful, and credible elections. (r) Enlist non-partisan group or organizations of citizens from the civic, youth, professional, educational, business or labor sectors known for their probity, impartiality and integrity with the membership and capability to undertake a coordinated operation and activity to assist it in the implementation of the provisions of this Code and the resolutions, orders and instructions of the Commission for the purpose of ensuring free, orderly and honest elections in any constituency. 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.

(s) Fix other reasonable periods for certain pre-election requirements in order that voters shall not be deprived of their right of suffrage and certain groups of rights granted them in this Code. (t) After due notice and hearing, the Commission may inquire into the financial records of candidates, parties, any organization, or group of persons for the purpose of determining whether there is probable cause to hold that a such candidates, parties, organization, or group of persons has violated the law or regulation pertaining to electoral contributions and expenditures. For this purpose, the Commission may avail itself of the assistance of the Commission on Audit, the Bangko Sentral ng Pilipinas, the National Bureau of Investigation, the Bureau of Internal Revenue, and other agencies of the government. (u) Create, merge, or abolish departments, offices, divisions or units within the Commission, redistribute functions and reassign personnel, change designations of existing positions, subject to pertinent existing laws and regulations: Provided, however, That the security of tenure of officials or employees are fully protected. (v) Perform such other functions as are necessary or incidental to the enforcement and administration of all laws and regulations relative to the conduct of election, plebiscite, initiative, referendum, and recall for the purpose of ensuring free, orderly and honest elections.

SEC. 7. Field offices of the Commission. - The Commission shall have the

following field offices, whose officers and employees shall be appointed by the Commission in accordance with the organization, staffing, position classification, and compensation standards: (1) Regional Election Office, headed by the Regional Election Director and assisted by the Assistant Regional Director and such other subordinate officers or employees as the Commission may appoint. (2) Provincial Election Office, headed by the Provincial Election Supervisor for each province and assisted by at least one election assistant and such number of assistants and other subordinate officers or employees as the Commission may appoint. (3) City/Municipal Election Office, headed by the City/Municipal Officer for each city of municipality. In cities having more than one (1) legislative district, each of such legislative districts shall have an election officer. Each election officer shall be assisted by at least one (1) election assistant and such number of assistants and subordinate officers or employees as the commission may appoint. 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.

SEC. 8. Automatic creation of positions of election officers. - Whenever new

2 cities or municipalities are created, there shall be automatically created for the city or municipality, positions of election officers and election assistants in such number as determined pursuant to the ration established in the succeeding section.

SEC. 9. Ratio of Election Assistants to registered voters. - There shall be a

7 corresponding number of election assistant position at the ratio of one election assistant for every twenty thousand (20,000) registered voters.

SEC. 10. No personnel, except those mentioned in Section 7 hereof or other

COMELEC personnel expressly authorized by the Commission, shall be assigned, 12 designated, engaged, or detailed at the Commission's field offices. Any person who causes the assignment, designation, engagement, or detail of any personnel at the 14 Commission's field offices in violation of this section shall be guilty of an election offense and shall be punished under Sections 460 and 463 of this Act.

SEC. 11. Qualifications. - Only members of the Philippines Bar shall be eligible

for appointment to the position of regional director, assistant regional director, provincial election supervisor and election officer: Provided, however, That if there are no members of the Philippine Bar available for appointment as election officer, except in cities and capital towns, graduates of duly recognized schools of law who possess the appropriate civil service eligibility may be appointed to said position. Nothing in this section shall prejudice the security of tenure of election officers who had already been appointed as such at the time of the effectivity of this Code.

SEC. 12. Office space. - The Commission shall provide accessible, separate

and independent offices for its field officers and their staff. The local government unit concerned shall continue to provide a suitable place for the office of the provincial election supervisor and his or her staff and the election officer and his or her staff until such time that the Commission has provided the field office concerned with its own office which in no case shall exceed five (5) years from the effectivity of this Code.

SEC. 13. Changes in the composition, distribution or assignment of field

offices. - The Commission may make changes in the composition, distribution and assignment of field offices, as well as its personnel, whenever the exigencies of the service and the interest of free, orderly, and honest election so require: Provided, That such changes shall be effective and enforceable only for the duration of the election period concerned and shall not affect the tenure of office of the incumbents of positions affected and shall not constitute a demotion, either in rank or salary, nor result in change of status: and Provided, further, That there shall be no changes in the composition, distribution or assignment within thirty days before election, except for cause and after due notice and hearing, and that in no case shall a regional or assistant regional director be assigned to a region; a provincial election supervisor to a province; or a city or municipal election officer to a city or municipality, where he

1 and/or his spouse are related to any candidate within the fourth civil degree of consanguinity or affinity as the case may be.

SEC. 14. Bangsamoro Electoral Office - The Commission shall establish a

Bangsamoro Electoral Office under its supervision and control which shall implement and enforce its orders, rulings and decisions. The Bangsamoro Electoral Office shall have such powers and functions as are granted to it by RA No. 11054, other national laws, and regional laws.

SEC. 15. Disqualifications of members of the Commission. - The chairperson

and members of the Commission shall be subject to the Cannons of Judicial Ethics and Code of Judicial Conduct in the discharge of their functions. No chairperson or commissioner shall sit in any case in which he or she 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 or she would be disqualified under the Rules of Court. If it be claimed that the chairperson or a commissioner is disqualified as above provided, the party objecting to his or her competency may file an objection in writing with the Commission stating the ground therefor. The official concerned shall continue to participate in the hearing or withdraw therefrom in accordance with his or her determination of the question of his or her 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.

SEC. 16. Publication of official ballots and election returns and printing thereof.

- The Commission shall publish at least ten days before an election in a newspaper of general circulation certified data on the number of official ballots and election returns.

SEC. 17. Election expenses. - Such expenses as may be necessary and

reasonable in connection with the elections, referenda, plebiscites and other similar exercises shall be paid by the Commission. Funds needed by the Commission to defray the expenses for the holding of regular and special elections, referenda and plebiscites shall be provided in the regular appropriations of the Commission which, upon request, shall immediately be released to the Commission. In case of deficiency, the amount so provided shall be augmented from the special activities' funds in the general appropriations act and from those specifically appropriated for the purpose in special laws. CHAPTER II ACTIVITIES DURING THE PRE-ELECTION PERIOD Article 4 Registration of Voters

SEC. 18. Permanent List of Voters. - The permanent list of voters per precinct

in each city or municipality that was in place prior to the effectivity of this Code shall remain, subject to the necessary updates.

Such precinct-level list of voters shall be accompanied by an addition/deletion list of the purpose of updating the list. The precinct assignment of a voter in the permanent list of voters shall not be 5 changed or altered or transferred to another precinct without the express written 6 consent of the voter: Provided, however, That the voter shall not unreasonably 7 withhold such consent. Any violation thereof shall constitute an election offense. The Election Officer shall be responsible for the display, throughout the year, of the most recent precinct maps in his or her office and in the bulletin board of the city or municipal hall.

SEC. 19. Registered voters for the Sangguniang Kabataan Elections. - There

shall likewise be a list of voters per precinct in each city or municipality consisting of all registered voters who are qualified to vote in the Sangguniang Kabataan elections. Such list shall also be accompanied by an addition/deletion list. Persons whose registration in such list is still subsisting at the time he or she turns eighteen years of age shall be added by the Commission in the permanent list of voters, without need for such person to register anew. Persons who, on the day of the next Sangguniang Kabataan elections, shall no longer meet the age requirement herein set forth shall be removed by the Commission from such list.

SEC. 20. Precincts. - The unit of territory for the purpose of voting is the

election precinct, and every barangay as of the approval shall have at least one such precinct. The Commission shall establish all election precincts: Provided, That, the most recently updated precinct maps at the time of the effectivity of this Code shall, to the extent practicable, remain in place for the purposes of the next immediately following election. After such election, spin-off precincts or new precincts may be created to accommodate additional voters residing within the territorial jurisdiction of the original precincts: Provided, That the polling place of all the precincts created thereby shall be located in the same building or compound where the polling place of the original precinct is located, and if this be not feasible, in a place as close as possible to the polling place of the original precinct: Provided further, That the polling place of the new precinct may be located elsewhere upon written petition of the majority of the voters of the new precinct: Provided finally, That when a precinct is divided into two or more precincts, the registered voters shall be included in the precinct wherein they reside. The Commission shall retain the permanent numbering of all precincts by which the precincts are indicated by Arabic numerals and a letter of the English alphabet. Original or mother precincts shall be indicated by the Arabic numeral and letter "A of the English alphabet. Spin-off or daughter precincts shall be indicated by the Arabic numeral and letter of the English alphabet starting with letter B and so on.

No territory comprising an election precinct shall be altered or a new precinct be established at the start of the election period. Splitting of an original precinct or merger of two or more original precincts shall not be allowed without redrawing the precinct map/s one hundred twenty (120) days before election day.

SEC. 21. Arrangement of Precincts. - (a) Every barangay shall have at least

one (1) precinct. Each precinct shall have no more than two hundred (200) voters. A 10 precinct shall be allowed to have less than 200 registered voters under the following conditions: (1) As soon as the 200-limit for every precinct has been reached, a spin-off or daughter precinct shall be created automatically by the Commission to accommodate voters residing within the territorial jurisdiction of the original precinct. Thereafter, a separate list of new voters shall be prepared by the Election Officer; and (2) An island or group of islands with less than two hundred (200) voters may comprise one (1) original precinct. (b) Where it is not practicable to divide the precinct by territory, the Commission may adjust or split the precinct by assigning the registered voters therein alphabetically and equitably among the adjusted or split precincts: Provided, That, the polling places of said precincts shall be in the same building or premises. (c) Every case of alteration of precincts shall be duly announced by posting a notice thereof in a conspicuous place in the precinct, in the office of the election officer and in the city or municipal hall and by providing political parties and candidates a list of all the precincts at the start of the campaign period; and (d) Consolidation or merger of precincts may be allowed: Provided, further, That the merger of such precincts shall be effected ninety (90) days before election day. (e) Any alteration of the election precincts or the establishment of new ones shall be communicated to the provincial election supervisor, the provincial superintendent of schools, etc. together with the corresponding maps, which shall be published as prescribed in the next succeeding sections.

SEC. 22. Publication of maps or precincts. - The Commission shall, through its

duly authorized representative, post in the city hall or municipal building and in three other conspicuous places in the city or municipality including outside the office of the election officer a map of the city or municipality showing its most recent division into precincts with their respective boundaries and indicating therein all streets and alleys in populous areas and the location of each polling place.

SEC. 23. System of Continuing Registration of Voters. - The personal filing of

application of registration of voters shall be conducted daily in the office of the Election Officer during regular office hours. No registration shall, however, be conducted during

the period at least one hundred twenty (120) days before a regular election and at least ninety (90) days before a special election.

SEC. 24. Necessity of Registration. - In order that a qualified elector may vote

in any election, plebiscite or referendum, he or she must be registered in the permanent list of voters for the place where he or she intends to vote.

SEC. 25. Who may Register, - All citizens of the Philippines not otherwise

disqualified by law who are at least eighteen (18) years of age, and who shall have resided in the Philippines for at least one (1) year, and in the place wherein they propose to vote, for at least six (6) months immediately preceding the election, may register as a voter. Any person who temporarily resides in another city, municipality or country solely by reason of his occupation, profession, employment in private or public service, educational activities, work in the military or naval reservations within the Philippines, service in the Armed Forces of the Philippines, the National Police Forces, or confinement or detention in government institutions or w in accordance with law, shall not be deemed to have lost his original residence but may register as a voter in such other city or municipality or as an overseas voter, as the case may be. Any person, who, on the day of registration may not have reached the required age or period of residence but, who, on the day of the election shall possess such qualifications, may register as a voter. In addition, all citizens of the Philippines residing in the barangay where he or she intends to vote for at least six (6) months and who are at least fifteen (15) but not more than thirty (30) years of age on the day of the immediately following Sangguniang Kabataan Election may register as members of the Katipunan ng Barangay and as voters in such Sangguniang Kabataan Election.

SEC. 26. Disqualifications. - The following shall be disqualified from voting:

(a) Any person who has been sentenced by final judgment to suffer imprisonment for not less than one year, such disability not having been removed by plenary pardon or granted amnesty: Provided, however, That any person disqualified to vote under this paragraph shall automatically reacquire the right to vote upon expiration of five years after service of sentence. (b) Any person who has been adjudged by final judgment by competent court or tribunal of having committed any crime involving disloyalty to the duly constituted government such as rebellion, sedition, violation of the anti- subversion and firearms laws, or any crime against national security, unless restored to his full civil and political rights in accordance with law: Provided, That he shall regain his right to vote automatically upon expiration of five years after service of sentence. (c) Insane or incompetent persons as declared by competent authority unless subsequently declared by proper authority that such person is no longer insane or incompetent.

SEC. 27. Registration of Voters. - To register as a voter, a qualified voter shall

either personally accomplish an application form for registration as prescribed by the Commission in three (3) copies before the Election Officer on any date during office hours. The application shall contain the following data: (a) Name, surname, middle name, and/or maternal surname; (b) Sex; (c) Date, and place of birth; (d) Citizenship; (e) Civil status, if married, name of spouse; (f) Profession, occupation or work; (g) Periods of residence in the Philippines and in the place of registration; (h) Exact address with the name of the street and house number for location in the precinct maps maintained by the local office of the Commission, or in case there is none, a brief description of his residence, sitio, and barangay; (i) A statement that the applicant possesses all the qualifications of a voter; i) A statement that the applicant is not a registered voter of any precinct; and (k) Such information or data as may be required by the Commission. The application for registration shall contain three (3) specimen signatures of the applicant. The Commission shall capture the biometrics data of the applicant which shall include his or her photograph, fingerprints, signature, and such other identifiable features of the individual that are easily verifiable. Before the acceptance of the application and biometrics capture, the Election Officer shall inform the applicant of the qualifications and disqualifications prescribed by law for a voter. Thereafter, the Election Officer shall see to it that the accomplished application contains all the data therein required and that the applicant's biometrics are captured and stored in accordance with the procedure that shall be laid down by the Commission.

SEC. 28. Illiterate applicants, senior citizens, and persons with disabilities. -

Any illiterate person may register with the assistance of the Election Officer or any member of an accredited citizen's arms. The Election Officer shall place such illiterate person under oath, ask him the questions, and record the answers given in order to accomplish the application form in the presence of the majority of the members of the Board. The Election Officer or any member of an accredited citizen's arm shall read the accomplished form aloud to the person assisted and ask him if the information given is true and correct. The accomplished form shall be subscribed by the applicant in the presence of the Board by means of thumbmark or some other customary mark and it shall be subscribed and attested by the majority of the members of the Board. The attestation shall state the name of the person assisted, the name of the Election Officer or the member of the accredited citizen's arm who assisted the applicant, the fact that the Election Officer placed the applicant under oath, that the Election Officer or the member of the accredited citizen's arm who assisted the

1 applicant read the accomplished form to the person assisted, and that the person assisted affirmed its truth and accuracy, by placing his thumbmark or some other customary mark on the application in the presence of the Board. The application for registration of a person with disability or a senior citizen may be prepared by any relative within the fourth civil degree of consanguinity or 7 affinity, by the Election Officer, by any member of an accredited citizen's arm, or, in the absence of any of the foregoing, by any person of his or her confidence who belongs to the same household using the data supplied by the applicant. The fact of that the applicant is a senior citizen, illiterate, or has a disability shall be so indicated in the application. Likewise, the type or types of disability and the form or forms of assistance necessary, whenever applicable, shall be indicated in the application. Persons with disabilities and senior citizens who have previously registered but have not indicated the type of disability, or who may have developed or manifested such disability after having been registered, shall be allowed, during the periods to file applications for registration, to update their registration records, and to indicate the type of disability as well as the form of assistance they need during election day. The Commission shall design registration forms specifically for persons with disability and senior citizens, or issue supplemental forms for the said purpose, and provide for procedures to be followed by those who need to update their registration records.

SEC. 29. Registration to avail of local absentee voting - Persons who are

qualified to avail the local absentee voting must register, within the period provided by the Commission, under the local absentee voting system in order to avail of such privilege. Only those who are registered under the local absentee voting system may vote as local absentee voter.

SEC. 30. Record of Persons with Disabilities, Senior Citizens, and Indigenous

Peoples. - The Commission shall keep an updated record of persons with disabilities and senior citizens who are registered as voters, which indicates the types of disability and the assistance they need, to assist it in determining policy directions for more inclusive and accessible electoral processes. The record shall be made accessible to concerned government offices, accredited citizens' arms, civil society monitoring groups and other organizations which promote the rights of the persons with disabilities and senior citizens, subject to specific guidelines the Commission may promulgate to protect the privacy of the individuals concerned.

SEC. 31. Satellite and Special Registration. - The Commission, in coordination

with national government agencies and local government units, person with disability and senior citizen organizations, and other cause-oriented groups, shall conduct satellite and/or special registration for persons with disabilities and senior citizens in accessible places.

SEC. 32. Change of Residence to Another City or Municipality. - Any registered

voter who has transferred residence to another city or municipality may apply with the Election Officer of his or her new residence for the transfer of his or her registration records.

The application for transfer of registration shall be subject to the requirements of notice and hearing and the approval of the Election Registration Board. Upon approval of the application for transfer, and after notice of such approval to the Election Officer of the former residence of the voter, said Election Officer shall transmit by registered mail the voter's registration record to the Election Officer of the voter's new residence: Provided, That an advance copy thereof be sent through electronic mail to the Election Officer of the voter's new residence.

SEC. 33. Change of Address in the Same City or Municipality. - Any voter who

has changed his or her address in the same city or municipality shall immediately notify the Election Officer in writing. If the change of address involves a change in precinct, the Board shall transfer such voter's registration record to the precinct book of voters of his or her new precinct and notify the voter of his or her new precinct. All changes of address shall be reported to the office of the provincial election supervisor, or, in the case of cities and municipality within the National Capital Region, to the office of the regional election director.

SEC. 34. Election Registration Board. - There shall be in each city and

municipality as many as Election Registration Boards as there are election officers therein. In thickly populated cities/municipalities, the Commission may appoint additional election officers for such duration as may be necessary. The Board shall be composed of the Election Officer as chairperson and as members, the public school official most senior in rank and the local civil registrar, or in his or her absence, the city or municipal treasurer. In case of disqualification of the Election Officer, the Commission shall designate an acting Election Officer who shall serve as Chairperson of the Election Registration Board. In case of disqualification or non-availability of the Local Registrar or the Municipal or City Treasurer, the Commission shall designate any other appointive civil service official from the same locality as substitute. No member of the Board shall be related to each other or to any incumbent city or municipal elective official within the fourth civil degree of consanguinity or affinity. If in succeeding elections, any of the newly elected city or municipal officials is related to a member of the board within the fourth civil degree of consanguinity or affinity, such member is automatically disqualified to preserve the integrity of the Election Registration Board. Every registered party and such organizations as may be authorized by the Commission shall be entitled to a watcher in every registration board.

SEC. 35. Compensation of the Members of the Board. - Each member of the

Board shall be entitled to an honorarium to One Thousand Pesos (Php 1,000.00) for each day of actual service rendered in the Board, which amount the Commission may adjust every three (3) years hereafter. No member of the Board shall be entitled to travelling expenses.

SEC. 36. Notice and Hearing of Applications. - Upon receipt of applications for

2 registration, the Election Officer shall set them for hearing, notice of which shall be posted in the city or municipal bulletin board and in his or her office for at least one (1) week before the hearing, and furnish copies thereof to the applicant concerned, 5 the heads or representatives of political parties, and other accredited groups or organizations which actively participate in the electoral process in the city or municipality. On the date of the hearing, the Election Officer shall receive such evidence for or against the applicant. A registrant whose application is not seasonably objected to shall be notified in writing stating therein that no objection was raised against his application and that he need not appear on the date set for the hearing of his application. The application of such registrant shall be approved as a matter of course. Physical presence of the applicant concerned shall, however, be mandatory in all cases where objections against his or her application have been seasonably filed with the proper Election Registration Board for him to rebut or refute evidence presented in opposition thereto. All applications for registration shall be heard and processed on a quarterly basis. For this purpose, the Election Registration Board shall meet and convene on the third Monday of April, July, October, and January of every calendar year, or on the next following working day if the designated days fail on a non-working holiday, except in an election year to conform with the one hundred twenty (120) days prohibitive period before election day. Should one day be insufficient for the processing of all accepted applications, the Board shall adjourn from day to day until all the applications shall have been processed.

SEC. 37. Challenges to Right to Register. - Any voter, candidate or

representative of a registered political party may challenge in writing any application for registration, stating the grounds therefor. The challenge shall be under oath and be attached to the application, together with the proof of notice of hearing to the challenger and the applicant. Oppositions to contest a registrant's application for inclusion in the voter's list must, in all cases, be filed not later than the second Monday of the month in which the same is scheduled to be heard or processed by the Election Registration Board. Should the second Monday of the month fall on a non-working holiday, oppositions may be filed on the next following working day. The hearing on the challenge shall be heard on the third Monday of the month and the decision shall be rendered before the end of the month.

SEC. 38. Power to Administer Oath and Issue Summons. - For purposes of

determining the right of the applicants to be registered as a voter, the Election Officer shall have the power to administer oath, issue subpoena duces tecum and swear in witnesses. The fees and expenses incidental thereto shall be paid in advance by the party in whose behalf the summons is issued.

SEC. 39. Approval and Disapproval of Application. - The Election Officer shall

2 submit to the Board all applications for registration filed, together with the evidence received in connection therewith. The Board shall, by majority vote, approve or 4 disapprove the applications. Upon approval, the Election Officer shall assign a voters identification number 7 and issue an acknowledgment receipt to the registered voter. If the Board disapproves 8 the application, the applicant shall be furnished with a certificate of disapproval stating no planet rare turne 9 the ground therefor. In cases of approval or disapproval, any aggrieved party may file 10 a petition for exclusion or inclusion, as the case may be, with the proper Municipal or Metropolitan Trial Court as provided for in this Code.

SEC. 40. Publication of Action on Application for Registration. - Within five (5)

14 days from approval or disapproval of application, the Board shall post a notice in the 15 bulletin board of the city or municipal hall and in the office of the Election Officer, stating the name and address of the applicant, the date of the application, and the action taken thereon. The Election Officer shall furnish a copy of such notice personally, or by registered mail or special delivery to the applicant and heads or representatives of registered political parties in the city or municipality.

SEC. 41. Preservation of Voter's Registration Records. - The Election Officer

shall compile the original copies of the approved applications for registration per precinct and arrange the same alphabetically according to surname. He or she shall preserve the book of voters and ensure its integrity. The second and third copies of the registration records shall be sent to the provincial and national central files within three (3) days after the approval of the Board. The Election Officer shall likewise prepare an electronic copy of the book of voters in the format prescribed by the Commission.

SEC. 42. Voter's Identification Number (VIN). - The Commission shall assign

every registered voter a voter's identification number (VIN) consisting of three (3) parts, each separated by a dash. For example: 7501 -00191 -C145BCD. (a) Part 1: Current Address of the Voter (1) The first two digits 75 stand for the province; and (2) The last two digits, 01, stand for the city, municipality, or a district, particularly in Manila. The code assignment for provinces, cities and municipalities shall follow the Urban Code devised by the National Census and Statistics Office (NCSO). (b) Part II: Current Precinct Assignment of the Voter (1) The first four digits, 0019, stand for the permanent number of the precinct where the voter is currently assigned; and (2) The letter indicates whether it is a mother or a daughter precinct.

The number assigned to the precinct in every city or municipality shall be 2 permanent but the voter may transfer his precinct number. The VIN reflects the current precinct assignment of the voter. (c) Part III: Permanent Birth and Name Code Unique to the Voter (1) The letter, C, stands for the month, i.e., A for January, B for February, and so forth; (2) The next two digits, 14, stand for the date of birth; (3) The next two digits, 51, stand for the year of birth; and (4) The last three letters, BCD, stand for the name code, i.e., Bayani Cruz Davide. The last three (3) letters shall stand for the first letter of the first name, the middle name, and the last name in that order. The Commission shall ensure that Part III hereof of the voter's identification number (VIN) shall be permanent and unique to each voter. If necessary, the Commission may expand and modify the same. (d) The combined birth and name code is assigned during the lifetime of every voter. Upon transfer of the voter to another precinct, the first two (2) parts of the VIN shall change

SEC. 43. Voter's identification. - If the voter's identity is challenged on election

day or if the electoral board cannot establish with certainty the voter's identity based on the its records, such voter may present the identification card issued pursuant to RA No. 11055 as proof of his or her identity: Provided, however, That if the voter cannot present such identification card, his or her identity may be established by the acknowledgment receipt issued pursuant to Section 39 hereof or by any valid identification document issued by the government except barangay certificate or community tax certificate: Provided further, That in the absence of the above- mentioned proofs of identity, any member of the electoral board or any registered voter of the precinct or clustered precinct may identity under oath the voter, and such fact shall be reflected in the minutes of the electoral board.

SEC. 44, Provincial File. - There shall be a provincial file consisting of the

duplicate copies of all registration records in each precinct of every city and municipality in the province. It shall be in the custody of the Provincial Election Supervisor and shall be compiled and arranged by precinct, by municipality and alphabetically by surnames of voters. Should the book of voters in the custody of the Election Officer be lost or destroyed at a time so close to election day that there is no time to reconstitute the same, the corresponding book of voters in the provincial file shall be used during the voting.

SEC. 45. National Central File and the Permanent List of Voters. - There shall

be a national central file under the custody of the Commission consisting of the third

copies of all approved voter registration records in each city or municipality. It shall 2 be compiled by precinct in each city/municipality and arranged alphabetically by surname so as to make the file a replica of the book of voters in the possession of the Election Officer. A permanent and computerized list arranged by precinct, city or municipality, province and region shall be prepared by the Commission. Thereafter, 6 another list shall be prepared by the Commission following the alphabetical 7 arrangements of surnames of voters. There shall also be a national file consisting of the computerized voters' list, 10 both in print and in electronic file, submitted by the Election Officers in each city and municipality concerned, under the custody of the Commission. The computerized voters list shall make use of a single and uniform computer program that will have a detailed sorting capability to list voters alphabetically by the precincts where they vote, by the barangays, municipalities, cities or provinces where they reside and by their voter's identification number (VIN). The computer print-outs of the list of voters duly certified by the Board are official documents and shall be used for voting and other election related purposes as well as for legitimate research needs. The total number of voters in the permanent list shall be the basis for the printing of the official ballots by the Commission.

SEC. 46. Deactivation of Registration. - The Election Registration Board shall

deactivate the registration and remove the registration records of the following persons from the corresponding precinct book of voters and place the same, properly marked and dated in indelible ink, in the inactive file after entering the cause or causes of deactivation: (a) Any person who has been sentenced by final judgment to suffer imprisonment for not less than one (1) year, such disability not having been removed by plenary pardon or amnesty: Provided, however, That any person disqualified to vote under this paragraph shall automatically reacquire the right to vote upon expiration of five (5) years after service of sentence as certified by the clerks of courts of the Municipal/Municipal Circuit/Metropolitan/Regional Trial Courts and the Sandiganbayan; (b) Any person who has been adjudged by final judgment by a competent court or tribunal of having caused/committed any crime involving disloyalty to the duly constituted government such as rebellion, sedition, violation of the anti- subversion and firearms laws, or any crime against national security, unless restored to his full civil and political rights in accordance with law; Provided, That he shall regain his right to vote automatically upon expiration of five (5) years after service of sentence; (c) Any person declared by competent authority to be insane or incompetent unless such disqualification has been subsequently removed by a declaration of a proper authority that such person is no longer insane or incompetent;

(d) Any person who did not vote in the two (2) successive preceding regular elections as shown by their voting records. For this purpose, regular elections do not include the Sangguniang Kabataan elections; (e) Any person whose registration has been ordered excluded by the Court; (t) Any person who has lost his Filipino citizenship; and (g) Any person who has been disqualified by final judgment from exercising his or her right to vote unless restored to his full civil and political rights in accordance with law. For this purpose, the clerks of court for the First Level Courts/Regional Trial Courts and the Sandiganbayan shall furnish the Election Officer of the city or municipality concerned at the end of each month a certified list of persons who are disqualified under paragraph (a) hereof, with their addresses. The Commission may request a certified list of persons who have lost their Filipino Citizenship or declared as insane or incompetent with their addresses from other government agencies. The Election Officer shall post in the bulletin board of his office a certified list of those persons whose registration were deactivated and the reasons therefor, and furnish copies thereof to the local heads of political parties, the national central file, provincial file, and the voter concerned. SEC, 47. Reactivation of Registration. - Any voter whose registration has been deactivated pursuant to the preceding Section may file with the Election Officer a sworn application for reactivation of his registration in the form of an affidavit stating that the grounds for the deactivation no longer exist any time but not later than one hundred twenty (120) days before a regular election and ninety (90) days before a special election: Provided, That in case the biometric data of such registered voter is already on file with the Commission, the application for reactivation may be submitted through electronic mail or similar means. The Election Officer shall submit said application to the Election Registration Board for appropriate action. In case the application is approved, the Election Officer shall retrieve the registration record from the inactive file and include the same in the corresponding precinct book of voters. Local heads or representatives of political parties shall be properly notified on approved applications.

SEC. 48. Cancellation of Registration. - The Election Registration Board shall

cancel the registration records of those who have died as certified by the Local Civil Registrar. The Local Civil Registrar shall submit each month a certified list of persons who died during the previous month to the Election Officer of the place where the deceased are registered. In the absence of information concerning the place where the deceased is registered, the list shall be sent to the Election Officer of the city or municipality of the deceased's residence as appearing in his death certificate. In any case, the Local Civil Registrar shall furnish a copy of this list to the national central file and the proper provincial file.

The Election Officer shall post in the bulletin board of his office a list of those persons who died and whose registrations were cancelled, and furnish copies thereof to the local heads of the political parties, the national central file, and the provincial file.

SEC. 49. Preparation and Posting of the Certified List of Voters. - The Election

Registration Board shall prepare and post certified list of voters no later than ninety 7 (90) days before a regular election and sixty (60) days before a special election and furnish copies thereof to the provincial, regional and national central files. Copies of the certified list, along with a certified list of deactivated voters categorized by precinct per barangay, within the same period shall likewise be posted in the office of the Election Officer and in the bulletin board of each city/municipal hall. Upon payment of the fees as fixed by the Commission, the candidates and heads of registered political parties shall also be furnished copies thereof. The Election Registration Board shall also furnish two (2) certified copies for said certified list of voters, along with a certified list of deactivated voters to the Electoral Board for posting in the polling place and for their reference on election day.

SEC. 50. Sealing of Precinct Book of Voters. - The Election Registration Board

shall notify, within fifteen (15) days before the start of the campaign period for local candidates, all registered political parties having a headquarters within its jurisdiction and members of the Electoral Boards to inspect and verify the completeness of the voter's registration records for each precinct compiled in the book of voters. In case of Barangay and Sangguniang Kabataan elections, the Election Registration Board shall notify within fifteen (15) days before the start of the campaign period the members of the Barangay Electoral Boards and the barangay secretaries to inspect and verify the completeness of the voter's registration records for each precinct compiled in the book of voters: Provided, That the candidates may, to the extent feasible, observe the verification and inspection process. After verification and certification by the Electoral Boards and party representatives or, in the case of barangay and Sangguniang Kabataan Elections, by the Barangay Electoral Boards and the barangay secretaries, the Election Registration Board shall seal the book of voters in the presence of the former at the start of the campaign period and take custody of the same until their distribution to the Electoral Board on election day. The Election Officer shall deliver the sealed precinct book of voters to the chairman of the Electoral Board when the latter secures its official ballots and other paraphernalia for election day.

SEC. 51. Jurisdiction in Inclusion and Exclusion Case. - First Level Courts shall

have original and exclusive jurisdiction over all cases of inclusion and exclusion of voters in their respective jurisdictions. Decisions of the First Level Courts may be appealed by the aggrieved party to the Regional Trial Court within five (5) days from receipt of notice thereof. Otherwise, said decision shall become final and executory. The Regional Trial Court concerned shall decide the appeal within ten (10) days from the time it is raffled thereto. The decision of the Regional Trial Court is immediately final and executory. No motion for reconsideration or appeal shall be entertained.

SEC. 52. Petition for Inclusion of Voters in the List. - Any person whose

application for registration has been disapproved by the Election Registration Board or whose name has been stricken out from the list may file with the court a petition to include his or her name in the permanent list of voters in his precinct at any time except one hundred five (105) days prior to a regular election or seventy-five (75) days prior to a special election. It shall be supported by a certificate of disapproval of his application and proof of service of notice of his petition upon the Election Registration Board. The petition shall be decided within ten (10) days after its filing. If the decision is for the inclusion of voters in the permanent list of voters, the Election Registration Board shall place the application for registration previously disapproved in the corresponding book of voters and indicate in the application for registration the date of the order of inclusion and the court which issued the same.

SEC. 53. Voters Excluded through Inadvertence or Registered with an

Erroneous or Misspelled Name. - Any registered voter whose registration record has not been included in the precinct book of voters, or whose name has been omitted in the list of voters or who has been included therein with a wrong or misspelled name may file with the Election Registration Board an application for inclusion of his or her record, or reinstatement or correction of his name as the case may be. If it is denied or not acted upon within fifteen (15) days from filling, the voter may file on any date with the proper First Level Court a petition for an order directing that the voter's name be entered or corrected in the list. The voters shall attach to the petition a certified true copy of his or her registration record or the acknowledgment receipt issued pursuant to Section 39 hereof or the entry of his or her name in the list of voters used in the preceding election, together with proof that his or her application was denied or not acted upon by the Board and that he or she has served notice thereof to the Board.

SEC. 54. Change of name of registered voter. - Any previously registered voter

whose name has been changed by reason of marriage or by virtue of a court order or by order of the Civil Registrar or Consul General may file an application for change of name by personally accomplishing three (3) copies of the prescribed application form and filing the same with the election registration board through the election officer. In support of the application, the applicant shall submit any original/certified true copy of the following: (a) Certification by the solemnizing officer; (b) Marriage contract or court order with certificate of finality; (c) Order by the Civil Registrar or Consul General, as the case may be. A female registered voter whose marriage has been annulled or declared void by competent court may request that her voter registration records shall reflect her maiden name and that the signature she affixed therein be changed. In such case, the applicant shail attach a certified true copy of the court's final order or decision, annulling the marriage or declaring the marriage a nullity.

SEC. 55. Petition for exclusion of voters from the list. - Any registered voter,

representative of a duly registered political or sectoral party or organization or the

Election Officer, may file with the court a sworn petition for the exclusion of a voter from the permanent list of voters giving the name, address and the precinct of the challenged voter at any time except one hundred (100) days prior to a regular election or sixty-five (65) days before a special election. The petition shall be accompanied by proof of notice to the Election Registration Board and to the challenged voter and shall be decided within ten (10) days from its filing. If the decision is for the exclusion of the voter from the list, the Election Registration Board shall, upon receipt of the final decision, remove the voter's registration record from the corresponding book of voters, enter the order of exclusion therein, and thereafter place the record in the inactive file.

SEC. 56. Common Rules Governing Judicial, Proceedings in the Matter of

Inclusion, Exclusion, and Correction of Names of Voters. - (a) Petition for inclusion, exclusion or correction of names of voters shall be filed during office hours; (b) A copy of the petition shall be served upon the members of the Board and the challenged voter prior to the filing of the petition. Service of such petition may be made by sending a copy thereof by personal delivery, by leaving it in the possession of a person of sufficient discretion residing in the residence stated by the challenged voter in his or her application for registration, or by registered mail. Should the foregoing procedures not be practicable, the petition may be sent through a private courier: Provided, That the petition cannot be filed in court until after forty-eight (48) hours have elapsed since the time the petition was sent through private courier; (c) A petition shall refer only to one (1) precinct and implead the Election Registration Board as respondents; (d) No costs shall be assessed against any party in these proceedings. However, if the court should find that the application has been filed solely to harass the adverse party and cause him to incur expenses, it shall order the culpable party to pay the costs and incidental expenses; (e) Any registered voter, candidate or registered political party, sectoral party, or sectoral organization that may be affected by the proceedings may intervene and present his evidence; (f) The decision shall be based on the evidence presented and in no case rendered upon a stipulation of facts. If the question is whether or not the voter is real or fictitious, his or her non-appearance on the day set for hearing shall be prima facie evidence that the challenged voter is fictitious; and (g) The petition shall be heard and decided within ten (10) days from the date of its filing. Cases appealed to the Regional Trial Court shall be decided within ten (10) days from receipt of the appeal. Decisions of the Regional Trial Court are final and immediately executory. In all cases, the court shall decide these petitions not later than fifteen (15) days before the election.

SEC. 57. Canvass to check registration. - The election registrar shall, once

every two years or more often should the Commission deem it necessary in order to preserve the integrity of the permanent lists of voters, conduct verification by mail or

1 house-to-house canvass, or both, of the registered voters of any barangay for purposes of exclusion proceedings.

SEC. 58. Annulment at Book of Voters. - The Commission shall, upon verified

5 petition of any voter or election officer or duly registered political party, sectoral party, or sectoral organization, and after notice and hearing, annul any book of voters that is not prepared in accordance with the provisions of this Code or was prepared through fraud, bribery, forgery, impersonation, intimidation, force or any similar irregularity, or which contains data that are statistically improbable and upon a showing that any 10 other remedy provided for under this Article is insufficient to correct such book of voters. No order, ruling or decision annulling a book of voters shall be executed within ninety (90) days before an election.

SEC. 59. Reconstitution of Lost or Destroyed Registration Records. - The

15 Commission shall reconstitute all registration records which have been lost or destroyed by using the corresponding copies of the provincial or national central files. In case of conflict, the Commission shall determine which file shall be used for reconstitution purposes. If this is not feasible, the Commission shall conduct a general registration of voters in the affected area: Provided, That there is a scheduled election before the next scheduled general registration of voters in accordance with the Omnibus Election Code. All such voters shall retain their voter's identification number. Reconstituted forms shall be clearly marked with the word "reconstituted." It shall be the duty of the Election Officer to immediately report to the Commission any case of loss or destruction of registration record in his custody. The reconstitution of any lost or destroyed registration records shall not affect the criminal liability of any person who is responsible for such loss or destruction.

SEC. 60. Examination of Registration Records. - All registration

records/computerized voters list in the possession of the Election officer, the Provincial Election Supervisor, and the Commission shall, during regular office hours, be open to examination by the public for legitimate inquiries on election related matters, free from any charge or access fee: Provided, That sensitive personal information as defined in RA No. 10173, including biometrics data, shall not be disclosed except upon order of the Court.

SEC. 61. Right to Information. - The duly authorized representative of a

registered political party or of a bona fide candidate shall have the right to inspect and/or copy at their expense the accountable registration forms and/or the list of registered voters in the precincts constituting the constituency of the bonafide candidate or at which the political party is fielding candidates. The inspection and copying shall be conducted during business hours of the Commission and shall be subject to reasonable regulations.

Article 5 Registration of Political Parties, Sectoral Parties, Sectoral Organizations, and Coalitions

SEC. 62. Registration of political parties, organizations, and coalitions not

participating in the party-list elections. - Any political party, organization, or coalition 7 of political parties, which does not intend to participate in the next proceeding party- list elections, may register with the Commission by filing a petition duly verified by its President and Secretary-General, or any official duly authorized to do so under its Constitution and By-laws. The Commission shall set forth the required information and averments to be stated in the petition for registration and the attachments necessary therefor which shall include the applicant's constitution and by-laws, party platform, and organizational papers, declarations of political creed or code of political ethics and such other documents of similar or equivalent character The Commission shall promulgate such rules as are necessary to ensure that the status and capacity of the petitioner and the veracity of the allegations in the petition and its attachments are verified and that the petition is published in two newspapers of general circulation. In no case shall any petition for registration be resolved by the Commission later than thirty (30) days from the date the same has been submitted for resolution but in no case not later than sixty (60) days before election.

SEC. 63. Registration of parties, organizations, and coalitions participating in

the party-list system. - For the purpose of participating in the party-list system, any organized group of persons may register either as a 1) national political party; 2) regional political party; 3) coalition of political parties; 4) sectoral party or 5) sectoral organization by filing with the Commission not later than one (1) year before the election a petition verified by its president or secretary stating its desire to participate in the party-list system as such party, organization, or coalition. The Commission shall set forth the required information and averments to be stated in the petition and the attachments necessary therefor which shall include the applicants constitution and by-laws, party platform, and organizational papers, declarations of political creed or code of political ethics, list of all its officers and members; in case of sectoral parties or sectoral organizations, the list of officers and members must show that the majority of its members and officers belong to the marginalized and underrepresented sector or sectors it seeks to represent and such other documents of similar or equivalent character, manifestation of intent to participate in the next immediately succeeding national and local elections, and list of at least ten (10) nominees. A political party, organization, or coalition, as well as the sectoral wing of a political party, organization, or coalition, which has been registered in accordance with the preceding section and which intends to participate in the party-list elections, shall register anew under this section and shall fully comply with the provisions hereof; Provided, however, That the denial of the petition under this section shall not affect the registration already granted under the preceding section.

The Commission shall promulgate such rules as are necessary to ensure that 2 the status and capacity of the petitioner and the veracity of the allegations in the petition and its attachments are verified and that the petition is published in two (2) newspapers of general circulation. The Commission shall, after due notice and hearing, resolve the petition within thirty (30) days from the date it was submitted for decision but in no case not later than sixty (60) days before election.

SEC. 64. Refusal and/or Cancellation of Registration. - The Commission may,

motu proprio or upon verified complaint of any interested party, refuse or cancel, after 10 due notice and hearing, the registration of any national political party, regional political party, coalition of political parties, sectoral party, or sectoral organization, regardless whether such party, organization, or coalition shall participate or has participated in any party-list election, on any of the following grounds: (a) It is a religious sect or denomination, organization or association, organized for religious purposes; (b) It advocates violence or unlawful means to seek its goal; (c) It is a foreign party or organization; (d) It is receiving support, financial or otherwise, from any foreign government, foreign political party, foundation, organization, whether directly or through any of its officers or members or indirectly through third parties for partisan election purposes; (e) It fails, at least on two occasions, to file the required statement of contributions and expenditures within the prescribed period as required by this Code. (f) It violates or fails to comply with laws, rules or regulations relating to elections, plebiscites, referenda, or initiative; (g) It declares untruthful statements in its petition; (h) It has ceased to exist for at least one (1) year; In case of parties, organizations, or coalitions which have registered under the preceding section of this article, the following shall likewise be grounds for denial or cancellation of Registration: (a) Material misrepresentation of the qualifications of its nominees; (b) A finding by final judgment that it directly or indirectly participated in acts detrimental to the best interest of the government, to overthrow the government, or diminish its powers, or to be associated by any means to rebels or those designated and/or proscribed terrorist persons under RA No. 11479 or the "Anti-Terrorism Act of 2020." (c) Failure to participate in the last two (2) preceding party-list elections; or (d) Failure in the last two (2) preceding party-list elections to obtain at least two per centum (2%) of the votes cast for political parties and coalitions under the party-list system, or at least two per centum (2%) of the votes cast for sectoral parties, organizations, and coalitions, as the case may be. In case of parties, organizations, or coalitions registered under Section 63 hereof, their failure to field official candidates in the last two proceeding elections or the failure of their candidates in the last two preceding elections to obtain an

aggregate of at least five per centum (5%) of the votes cast in the constituencies where they seek to be represented shall be an additional ground for cancellation of the registration of such parties, organizations, or coalitions.

SEC. 65. Dominant Majority Party, Dominant Minority Party, Major National

Parties and Major Local Parties. - Not later than forty-five (45) days before the 7 scheduled election, a political party duly registered with the Commission may file a verified petition for accreditation as the Dominant Majority Party, the Dominant Minority Party, one of the Ten (10) Major National Parties, or one of the Two (2) Major Local Parties. In determining the Dominant Majority Party, the Dominant Minority Party, the Ten (10) Major National Parties and the Two (2) Major Local Parties the following shall be the criteria: (a) The established record of the said parties, coalition of groups that now compose them, taking into account among other things, their showing in past elections; (b) The number of incumbent elective officials belonging to them on the last day of the filing of the Certificate of Candidacy (COC); (c) Their identifiable political organizations and strengths as evidenced by their organized chapters; (d) The ability to fill a complete slate of candidates from the municipal level to the position of President; (e) The number of women candidates fielded by political parties from the municipal level to the position of President; and (f) Other analogous circumstances that may determine their relative organizations and strengths. The accreditation of the Dominant Majority Party, the Dominant Minority Party and the Ten (10) Major Political Parties shall be established through weighted average points for each of the above criteria. The Commission shall determine the appropriate points to be accorded to each of the above criteria, ensuring that the interest of the candidates and the parties they represent are protected. Article 6 The Party-list System

SEC. 66. Classification of groups under the party-list system. - The party-list

system shall be divided into two classifications: (a) political parties or coalition of political parties, and (b) sectoral parties or organizations. Fifty percent (50%) of the seats allocated for the party-list shall be reserved for political parties and coalitions of political parties and the other fifty percent (50%) shall be reserved for sectoral parties or organizations: Provided, That in case of an odd number in the total number of seats to be allocated, the same shall be allocated to the party-list group next in rank in terms of total number of votes regardless of classification. In the event of a tie priority should be given to the most number of participating party-list group on its first occurrence.

Sectoral parties, sectoral organizations, and coalitions of sectoral parties shall 2 exclusively represent the marginalized and underrepresented sectors as defined in 3 Section 5 of this Code.

SEC. 67. Manifestation to Participate in the Party-List System. - Any party,

organization, or coalition which has a valid and subsisting registration with the 7 Commission under Section 63 hereof need not register anew. However, such party, organization or coalition shall file with the Commission, not later than one (1) year before the election, a manifestation of its desire to participate in the party-list system.

SEC. 68. Certified List of Registered Parties. - The COMELEC shall, not later

than sixty (60) days before election, prepare a certified list of national or regional political parties and coalition of political parties and a certified list of sectoral parties, organizations, or coalition of sectoral parties which have applied or who have manifested their desire to participate under the party-list system and distribute copies thereof to all precincts for posting in the polling places on election day. The names of the party-list nominees shall not be shown on the certified list.

SEC. 69. Nomination of Party-List Representatives. Each registered party,

organization or coalition shall submit to the Commission, not later than the date set for the filing of its manifestation of intent to participate in the party-list election, a list of names of not less than five (5) nominees from which party-list representatives shall be chosen in case it obtains the required number of votes, together with the certificates of nomination and acceptance of all the nominees in such list. A person may be nominated in one (1) list only. Only persons who have given their consent in writing may be named in the list. The list shall not include any candidate for any elective office or a person who has lost his bid for an elective office in the immediately preceding election. No change of names or alteration of the order of nominees shall be allowed after the same shall have been submitted to the Commission except in cases where the nominee dies or becomes physically incapacitated in which case the name of the substitute nominee shall be placed last in the list.

SEC. 70. Substitution of Party-List Nominees. - Substitution shall be allowed

for any nominee who dies, becomes physically incapacitated, or has been disqualified. The party, organization, or coalition concerned shall file with the Commission the certificate of nomination and acceptance of the substitute nominee, the amended list of nominees, and proof of publication of the amended list of nominees. The substitute nominee shall be placed last in the list. Sectoral parties or organizations must submit to the Commission a track record summary showing that the substitute nominee represents and seeks to uplift the marginalized and underrepresented sector or sectors the party or organization seeks to represent and proof that such nominee belongs to such sector. No substitution shall be allowed for nominees who withdraw their acceptance to the nomination. In the event the list of nominees of a party-list group is exhausted 48 because of the withdrawal of all of its nominees, such party, organization, or coalition

shall be deemed to have withdrawn its manifestation of intent to participate in the elections. Any vote garnered by such party, organization or coalition shall be considered stray and shall not be counted.

SEC. 71. Qualifications of Party-List Nominees. - No person shall be nominated

as party-list representative unless he or she is a natural-born citizen of the Philippines, a registered voter, a resident of the Philippines for a period of not less than one (1)year immediately preceding the day of the election, able to read and write, a bona fide member of the party or organization which he or she seeks to represent for at least one year preceding the day of the election, and is at least twenty-five (25) years of age on the day of the election: Provided, That the nominees of a sectoral party or organization or coalition of sectoral parties or organizations must belong to the marginalized and underrepresented sector which they seek to represent. In case of a nominee of the youth sector, he or she must at least be twenty- five (25) but not more than thirty (30) years of age on the day of the election. Any youth sectoral representative who attains the age of thirty (30) during his term shall be allowed to continue in office until the expiration of his or her term.

SEC. 72. Cancellation or Denial of Due Course to the Certificate of Nomination

of Party-list Nominees. - Any person may, within ten (10) days after the publication of the list of nominees, file with the Commission a verified petition seeking to deny due course to or to cancel the nomination of nominees of party-list groups on the ground that a material misrepresentation has been committed in the qualifications of a nominee. The deliberate failure by the nominee to disclose that he or she has been declared by competent authority as insane or incompetent, or that he or she has been sentenced by final judgment for subversion, insurrection, rebellion or for any offense for which he or she has been sentenced to a penalty of more than eighteen months or for a crime involving moral turpitude, shall constitute material misrepresentation unless there is a declaration by competent authority that said insanity or incompetence had been removed, or, in case of conviction for the offenses herein mentioned, such nominee has been given plenary pardon or granted amnesty or at least five years have passed from his or her service of sentence.

SEC. 73. Disqualification of Nominees. - A verified petition seeking the

disqualification of a nominee of party-list organizations, parties, or coalitions may be filed by any person any time before proclamation when the nominee has been declared by final judgment of a competent court guilty of, or found by the Commission of having: (a) Given money or other material consideration to influence, induce or corrupt the voters or public officials performing electoral functions; (b) Committed acts of terrorism to enhance his candidacy; (c) Spent in the campaign an amount in excess of that allowed by law; (d) Committed any election offense related to election campaign and campaign finance as set forth in this Code.

SEC. 74. Number of Party-List Representatives. - The party-list representatives

shall constitute twenty per centum (20%) of the total number of the members of the House of Representatives including those under the party-list. In determining the equal allocation of seats for the political parties or coalition 6 of political parties and the sectoral parties or organizations under the party-list system pursuant to Section 63 hereof, the following procedure shall be observed: (a) The parties, organizations, and coalitions shall be ranked from the highest to the lowest based on the number of votes they garnered during the elections. (b) The political parties, coalitions of political parties, sectoral parties, and sectoral organizations receiving at least two percent (2%) of the total votes cast for the entire party-list system, shall, to the extent possible, be entitied to one seat each: Provided, that those garnering more than two percent (2%) of the votes shall, to the extent practicable, be entitled to additional seats in proportion to their total number of votes until all the additional seats are allocated; Provided further, that in no case shall any party, organization, or coalition be entitied to not more than three (3) seats; Provided finally, that the proportion of seats between the nominees of political parties or coalitions and sectoral parties or organizations, as set forth in Section 63 hereof, be observed at all times.

SEC. 75. Procedure in Allocating Seats for Party-List Representatives. - The

Commission shall separately tally all the votes for the political parties or coalitions and sectoral parties or organizations on a nationwide basis, rank them according to the number of votes received, and allocate party-list representatives proportionately according to the percentage of votes obtained by each party, organization, or coalition as against the total nationwide votes cast for the party-list system. In the allocation of seats, the Commission should ensure that Section 63 of this Code is complied with.

SEC. 76. Term of Office and Vacancy. - Party-list representatives shall be

elected for a term of three (3) years which shall begin, unless otherwise provided by law, at noon on the thirtieth day of June next following their election. No party-list representatives shall serve for more than three (3) consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity his service for the full term for which he was elected. In case of vacancy in the seats reserved for party-list representatives, the vacancy shall be automatically filled by the next representative from the list of nominees in the order submitted to the Commission by the same party, organization, or coalition, who shall serve for the unexpired term. If the list is exhausted, the party, organization coalition concerned shall submit additional nominees.

SEC. 77. Change of Affiliation; Effect. - Any elected party-list representative

who changes his or her political party or sectoral affiliation during his or her term of office shall forfeit his or her seat: Provided, That if he or she changes his or her political party or sectoral affiliation within one (1) year before an election, he or she shall not be eligible for nomination as party-list representative under his or her new party or organization.

SEC. 78. Rights of Party-List Representatives. - Party-List Representatives shall

2 be entitled to the same salaries and emoluments as regular members of the House of Representatives. Article 7 Eligibility of Candidates and the Certificate of Candidacy

SEC. 79. Qualifications of candidates. - The qualifications for President, Vice-

President, Senators, and Members of the House of Representatives shall be those 10 prescribed by the Constitution. The qualifications for elective provincial, city, municipal and barangay officials shall be those provided for in the Local Government Code while the qualifications of Sangguniang Kabataan officials shall be those provided under RA No. 10742 or the 15 Sangguniang Kabataan Reform Act of 2015.

SEC. 80. Candidates holding appointive office or positions. - Any person

holding a public appointive office or position, including active members of the Armed Forces of the Philippines, and officers and employees in government-owned or controlled corporations, shall be considered ipso facto resigned from his or her office upon the filing of his or her certificate of candidacy or certificate of acceptance and nomination.

SEC. 81. Disqualifications. - Any candidate who, in an action or protest in which

he is a party is declared by final decision of a competent court guilty of, or found by the Commission of having (a) given money or other material consideration to influence, induce or corrupt the voters or public officials performing electoral functions; (b) committed acts of terrorism to enhance his candidacy; (c) spent in his election campaign an amount in excess of that allowed by this Code; or (d) committed any election offense related to election campaign and campaign finance as set for in this Code shall be disqualified from continuing as a candidate, or if he has been elected, from holding the office. The petition under this section must be verified and may be filed by any registered voter or any duly registered party, organization, or coalition. Such petition shall be filed any day after the last day for filing of certificates of candidacy, but not later than the date of proclamation. A petition to disqualify that invoke grounds for a petition to deny or cancel a certificate of candidacy or petition to declare a candidate as a nuisance candidate, or a combination thereof, shall be summarily dismissed.

SEC. 82. Effects of Disqualification. - Any candidate who has been declared by

final judgment to be disqualified shall not be voted for. If for any reason a candidate is not declared by final judgment before an election to be disqualified and he is voted for and receives the winning number of votes in such election, the Court or Commission shall continue with the trial and hearing of the action, inquiry, or protest and, upon motion of the complainant or any intervenor, may, during the pendency

thereof, order the suspension of the proclamation of such candidate whenever the evidence of his guilt is strong. If the candidate is disqualified by final judgment prior to the election, the votes cast for him or her shall be considered stray. However, should the disqualification of the candidate become final only after the election, the rules on succession of public officers as laid down in the Constitution, the Local Government Code, and other applicable laws, shall apply. The Commission shall give priority to cases of disqualification by reason of violation of this Code.

SEC. 83. Nuisance candidates. - The Commission may motu proprio or upon a

verified petition of any registered voter, refuse to give due course to or cancel a certificate of candidacy if it is shown that said certificate has been filed to put the election process in mockery or disrepute or to cause confusion among the voters by the similarity of the names of the registered candidates or by 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 prevent a faithful determination of the true will of the electorate. The petition to declare a candidate as a nuisance candidate, whether initiated motu proprio by the Commission or otherwise, must be verified and the same shall be filed within ten (10) days from the last day of the filing of certificates of candidacy.

SEC. 84. Certificate of candidacy. - No person shall be eligible for any elective

public office unless he files a sworn certificate of candidacy within the period fixed A person who has filed a certificate of candidacy may, prior to the election, withdraw the same by submitting to the office concerned a written declaration under oath. No person shall be eligible for more than one office to be filled in the same election, and if he files his certificate of candidacy for more than one office, he shall not be eligible for any of them. However, before the expiration of the period for the filing of certificates of candidacy, the person who was filed more than one certificate of candidacy may declare under oath the office for which he desires to be eligible and cancel the certificate of candidacy for the other office or offices. The filing or withdrawal of a certificate of candidacy shall not affect whatever civil, criminal, or administrative liabilities which a candidate may have incurred.

SEC. 85. Contents of certificate of candidacy. - The Commission shall set forth

the information that shall be indicated by an aspirant in the certificate of candidacy which shall include a) The name of the aspirant; b) The office aspired for; c) Age; d)

1 Sex; e) Place and date of birth; f) Citizenship and whether natural-born or naturalized; 2 g) Complete address for election purposes; h) Residence, indicating the exact address and the number of years residing in the Philippines and the place where the aspirant intends to be elected up to the day before the election; and i) That the aspirant is eligible for the office he seeks to be elected to. Unless the person filing the certificate of candidacy has officially changed his or her name through a court approved proceeding, or, in the case of a Muslim, his or her Hadji name after performing the prescribed religious pilgrimage, such person shall use in a certificate of candidacy the name which appears on the birth certificate issued by the Philippine Statistics Authority; Provided, That when there are two or more aspirant for an office with the same name and surname, each aspirant, upon being made aware or such fact, shall state his or her paternal and maternal surname, except the incumbent who may continue to use the name and surname stated in his certificate of candidacy when he was elected. An aspirant may also include one nickname or stage name by which he or she is generally or popularly known in the locality. The person filing a certificate of candidacy shall also affix his latest photograph, passport size; a statement in duplicate containing his or her bio-data and program of government not exceeding one hundred words, if he or she so desires.

SEC. 86. Filing of certificate of candidacy and certificates of nomination and

acceptance. - The Commission shall set the period within which the certificates of candidacy shall be filed along with the respective certificate of nomination and acceptance, if any: Provided, That, such period shall be within the election period but not later than five days before the beginning of the campaign period: Provided further, that in cases of postponement or failure of election under this Code, no additional certificate of candidacy shall be accepted except in cases of substitution of candidates as provided in this article. The certificates of candidacy and the certificates of nomination and acceptance, if any, shall be filed in such number of copies and in such COMELEC office as the Commission may prescribe. In case of valid substitution of nominees of party-list groups, the certificate of nomination and acceptance of the substitute nominee shall be filed with the Main Office of the Commission. Any certificate of candidacy or certificate of nomination and acceptance filed with the incorrect office shall be deemed not filed. No filing fee shall be imposed for the filing of the certificate of candidacy and certificate of nomination.

SEC. 87. Ministerial duty of receiving and acknowledging receipt. - The

Commission, provincial election supervisor, and the election officer designated by the Commission, and electoral boards, as the case may be, shall have the ministerial duty to receive and acknowledge receipt of the certificate of candidacy; Provided, that, if

on the face of the certificate of candidacy, it appears that the prospective candidate 2 is ineligible as he or she does not meet the qualifications pertaining to age, residence, or registered voter status, as set forth by the Constitution and relevant laws, the election officer shall refuse to accept the certificate of candidacy. In such instance, the election officer shall immediately inform the prospective candidate of the rejection of his certificate of candidacy and the reasons therefor. Within the same day, the election officer shall furnish said prospective candidate with a written and signed notice of rejection of the certificate of candidacy, setting forth therein the reasons for such rejection. Unjustified rejection by the election officer of a certificate of candidacy and failure of the election officer to strictly observe these steps shall be election offenses. Acceptance by the election officer of a certificate of candidacy which, on its face, shows that the prospective candidate is not qualified for the position shall be cause for administrative sanctions against him or her. Before the lapse of the period to file the certificate of candidacy, the prospective candidate whose certificate of candidacy was rejected by the election officer may file the rejected certificate of candidacy, together with the written notice of rejection, with the provincial election supervisor, in case of barangay, municipal, city, or district candidates, and with the regional election director in case of candidates for position in the provincial government. It is the ministerial duty of the provincial election supervisor or the regional election director, as the case may be, to accept the certificate of candidacy of any prospective candidate in his or her province or region if such certificate is accompanied by a copy of aforesaid notice of rejection. The provincial election supervisor or regional election supervisor shall then direct the election officer concerned to include the prospective candidate in the official list of candidates.

SEC. 88. Candidates in case of death, incapacity or disqualification of another.

- If after the last day for the filing of the certificate of candidacy, an official candidate of a registered or accredited political party dies, becomes incapacitated, or is disqualified for any cause, only a person belonging to, and nominated by, the same political party, may file a certificate of candidacy to replace the candidate who died, became incapacitated, or was disqualified. The substitute candidate nominated by the political party concerned may file his certificate of candidacy for the office affected in accordance with the preceding Sections not later than mid-day of the day of the election. If the death, incapacity or disqualification should occur between the day before the election and mid-day of election day, said certificate may be filed with any board of election inspectors in the political subdivision where he is a candidate, or, in the case of candidates to be voted for by the entire electorate of the country, with the Commission. In all cases of substitution after the period for filing the Certificate of Candidacy, the substitute candidate must have the same surname as the candidate being substituted for. As used in this Section, the term incapacity shall refer to mental or physical impairment, or both, as determined by a licensed physician and other corroborating

evidence, rendering the candidate unable to perform the elected position's duties, and which appears reasonably certain to continue without substantial improvement until the end of the term of office which the candidate seeks to be elected for. The determination of physical or mental incapacity for purposes of substitution of candidates in all elections shall be made by the Commission. The proceedings to determine incapacity shall be concluded within thirty (30) days for the date of filing of the Petition. The determination made by the Commission shall be immediately final, executory, and unappealable.

SEC. 89. Petition to deny due course to or cancel a certificate of candidacy. -

A verified petition seeking to deny due course or to cancel a certificate of candidacy may be filed by any registered voter exclusively on the ground that any material representation contained therein as required under Section 85 hereof is false: Provided, That, the deliberate failure by the person filing the certificate of candidacy to disclose that he or she has been declared by competent authority as insane or incompetent, or that he or she has been sentenced by final judgment for subversion, insurrection, rebellion or for any offense for which he or she has been sentenced to a penalty of more than eighteen months or for a crime involving moral turpitude, shall likewise constitute material misrepresentation unless there is a declaration by competent authority that said insanity or incompetence had been removed, or, in case of conviction for the offenses herein mentioned, such nominee has been given plenary pardon or granted amnesty or at least five years have passed from his or her service of sentence. The petition may be filed at any time not later than twenty-five (25) days from the time of the filing of the certificate of candidacy and shall be decided, after due notice and hearing, not later than thirty days before the election. CHAPTER III ELECTION AND CAMPAIGN PERIODS, CAMPAIGN, AND CAMPAIGN EXPENDITURES Article 8 The Election and Campaign Periods

SEC. 90. Election period. - Unless otherwise fixed in special cases by the

Commission on Elections, which hereinafter shall be referred to as the Commission, the election period shall commence ninety days before the day of the election and shall end thirty days thereafter.

SEC. 91. Campaign period. - The campaign periods are hereby fixed as follows:

(a) For President, Vice-President, Senators, and party-list groups participating in the party-list system of representation, ninety (90) days before the day of the elections;

(b) For Members of the House of Representatives and elective regional, provincial, city, and municipal officials, forty-five (45) days before the day of the election; and (c) For barangay and Sangguniang Kabataan officials, ten (10) days before the election. In case of special elections and recall elections, the Commission shall fix the campaign period which in no case shall exceed the periods herein set forth. Article 9 Campaign and Election Propaganda

SEC. 92, Election campaign or partisan political activity outside the campaign

period. - It shall be unlawful for any person, whether or not a voter or candidate, or for any party, or association of persons, to engage in an election campaign or partisan political activity from the time the period for filing certificates of candidacy has ended until the start of the campaign period: Provided, That any party, organization, or coalition may, at any time, hold an emergency convention or meeting for the purpose of nominating a substitute candidate in cases where substitution is proper.

SEC. 93. Intervention of foreigners. - It shall be unlawful for any foreigner,

whether judicial or natural person, 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 in connection with any election campaign or partisan political activity.

SEC. 94. Prohibited Campaigning. - It is unlawful for any person or for any

political party or association of persons to engage in an election campaign or partisan political activity on Maundy Thursday, Good Friday, the day before the election day, and on Election Day.

SEC. 95. Lawful election propaganda. - Lawful election propaganda shall

include: (a) Pamphiets, leaflets, cards, decals, stickers or other written or printed materials of a size not more than eight and one-half (8 ½) inches in width and fourteen (14) inches in length; (b) Handwritten or printed letters urging voters to vote for or against any particular candidate; (c) Cloth, paper or cardboard posters, whether framed or posted, with an area exceeding two (2) feet by three (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 three (3) feet by (8) eight feet in size, shall be allowed: Provided, That said streamers may be displayed five (5) days before the date of the meeting or rally and shall be removed within twenty- four (24) hours after said meeting or rally.

(d) Paid advertisements in internet, mobile, print or broadcast media: Provided, That the advertisements shall comply with the requirements set forth in this Code and with the rules and guidelines promulgated by the Commission. (e) Billboards, whether static or digital. (f) All other forms of election propaganda not prohibited by this Code as the Commission may authorize after due notice to all interested parties and hearing where all the interested parties were given an equal opportunity to be heard: Provided, That the Commission's authorization shall be published in two newspapers of general circulation throughout the nation for at least twice within one week after the authorization has been granted.

SEC. 96. Requirements and Limitations on the Use of Election Propaganda

through Mass Media. - All bona fide candidates shall have equal access to mass media time and space for their election propaganda during the campaign period. The following guidelines shall be amplified on by the Commission in rules and regulations that it shall promulgate to implement this Article: (a) Print advertisements shall not exceed one-fourth (1/4) page, in broad sheet and one-half (1/2) page in tabloids thrice a week per newspaper, magazine or other publications, during the campaign period. (b) Each bona fide candidate or registered political party for a nationally-elected office shall be entitled to not more than one hundred twenty (120) minutes of television advertisement and one hundred eighty (180) minutes of radio advertisement whether by purchase or donation. Each bona fide candidate or registered political party for a locally-elected 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 donation. For this purpose, the Commission shall require any broadcast station or entity to submit to the COMELEC a copy of its broadcast logs and certificates of performance for the review and verification of the frequency, date, time and duration of advertisements broadcast for any candidate or political party. (c) No franchise or permit to operate a radio or television stations shall be granted or issued, suspended or cancelled during the election period. (d) All members of media including those who are operating through the television, radio, print, mobile, and internet 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. (e) Any mass media columnist, commentator, announcer, reporter, on-air correspondent, blogger 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. (f) Each candidate, registered party, organization, or coalition shall register with the Commission their official social media accounts, social media pages, websites, or blogs which are already verified upon registration, and also those that will be verified subsequent to registration: Provided, That the same are being or will be used for the endorsement of the candidacy of said candidate or candidacies of the members of such party, organization, or coalition. Any other website, blog, or social media page not registered but which, when taken as a whole, has for its primary purpose the endorsement of a candidate, party, organization, or coalition, whether or not directly maintained or administered by the candidate, party, organization, or coalition, or its official campaign representatives, shall be considered as official websites, blogs, or social media pages of said candidate, party, organization, or coalition for all regulatory purposes. Only verified and registered social media accounts, social media pages, websites, or blogs may run electoral ads and boost or promote electoral posts. (g) Microtargeting of electoral ads shall not be allowed except when based on the following criteria: geographical location, except radius around a specific location; age and gender. (h) Any printed or published and broadcast election propaganda shall bear and be identified by the reasonably legible or audible words "political advertisement paid for", , followed by the true and correct name and address of the candidate or party for whose benefit the election propaganda was printed or aired. It shall also bear, and be identified by, the reasonably legible, or audible words "political advertisement paid by," followed by the true and correct name and address of the payor. This rule shall also apply to online advertisements. (i) If the space for printed or published election propaganda is donated by the publishing firm, or the airtime for broadcast election propaganda is given free of charge by the radio or television station or cable television, it shall bear and be identified by the reasonably legible or audible words "printed free of charge," or "airtime for this broadcast was provided free of charge by," respectively, followed by the true and correct name and address of the said publishing firm or broadcast entity. This rule shall also apply to online advertisements. (j) Print, broadcast, outdoor advertisements, online or mobile advertisements donated to the candidate or political party shall not be printed, published, broadcast, or exhibited without the written acceptance by the said candidate or political party. Such written acceptance shall be attached to the advertising contract and shall be submitted to the Commission. All mass media entities shall furnish the Commission with a copy of all contracts for advertising, promoting or opposing any political party or the candidacy of

any person for public office within five (5) days after its signing. In every case, it shall be signed by the donor, the candidate concerned or by the duly authorized representative of the political party. In all instances, the Commission shall supervise the use and employment of press, radio, television, internet, and social media facilities insofar as 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 issues within the limits set forth in this Code. The Commission 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 significant news or news worthy events and views on matters of public interest. (k) Candidates or registered parties shall have no more than one (1) month of advertising in certain static or LED billboard; provided, that a candidate or party cannot have static or LED billboard advertisements within a radius of one (1) kilometer from each other.

SEC. 97. Removal, destruction or defacement of lawful election propaganda

prohibited. - It shall be unlawful for any person during the campaign period to remove, destroy, obliterate, or in any manner deface or tamper with, or prevent the distribution of lawful election propaganda.

SEC. 98. Prohibited forms of election propaganda. - During the election period,

the following shall be prohibited: (a) To print, publish, post or distribute any newspaper, newsletter, newsweekly, gazette or magazine advertising, pamphlet, leaflet, card, decal, bumper sticker, poster, comic book, circular, handbill, streamer, sample list of candidates or any published or printed political propaganda or advertisement and to air or broadcast any election propaganda or political advertisement by television or radio for or against a candidate or group of candidates to any public office, unless they bear and be identified by a reasonably legible, or audible words "political advertisement paid for," followed by the true and correct name and address of the candidate, political or sectoral party, organization, or coalition for whose benefit the election propaganda was printed or aired. It shall likewise be unlawful to publish, print or distribute said campaign materials unless they bear, and are identified by, the reasonably legible, or audible words "political advertisements paid by," followed by the true and correct name and address of the payor; (b) To print, publish, broadcast, display, or exhibit any such election propaganda donated or given free of charge by any person or publishing firm or broadcast

media entity to a candidate, political or sectoral party, organization or coalition without the written acceptance of the said candidate, political or sectoral party, organization or coalition, and unless they bear and be identified by the words "printed free of charge," or "airtime for this broadcast was provided free of charge by" , respectively, followed by the true and correct name and address of the said publishing firm or broadcasting entity; (c) To show, display or exhibit publicly in a theater, through a television station, a video sharing site, social media network, to any public forum any movie, cinematography or documentary, including concert or any type of performance portraying the life or biography of a candidate, or in which a character is portrayed by an actor or media personality who is himself or herself a candidate; (d) For any newspaper or publication, radio, television or cable television station, or other mass media entity, or any person making use of the mass media to sell or give free of charge print or advertising space or airtime for campaign or election propaganda purposes to any candidate or party in excess of the size, duration or frequency authorized by law or these Rules. A newspaper or publication, radio, television or cable television station, or other mass media, or any person may require any buyer to warrant under oath that such purchase is not in excess of the size, duration or frequency authorized by law; (e) For any radio, television, cable television station, announcer or broadcaster to allow the scheduling of any program, or permit any sponsor to manifestly favor or oppose any candidate or party by unduly or repeatedly referring to, or unnecessarily mentioning the name of such candidate or party, or including therein said candidate or party; (f) To print, publish, post, show, display, distribute any election campaign or propaganda materials that are violative of gender sensitivity principles, is obscene, offensive, discriminatory, or otherwise constitutes a violation of the Magna Carta of Women; and (g) To post, display, or exhibit any election campaign or propaganda material outside of authorized common poster areas, in public places, or in private properties without the consent of the owner thereof. The printing press, printer, or publisher who prints, reproduces or publishes said campaign materials, and the broadcaster, station manager, owner of the radio or television station, or content creator of a post, owner or administrator of any website who airs or shows the political advertisements, without the required data or having false information, in violation of the provisions of this Article shall be criminally liable with the candidate, and, if applicable, further suffer the penalties of suspension or revocation of franchise or permit.

SEC. 99. Rallies, meetings and other political activities. - Subject to the

requirements of local ordinances on the issuance of permits, 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: 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 hall, shall be acted upon in writing by local 2 authorities concerned within three days after the filing thereof and any application not acted upon within said period shall be deemed approved: and Provided further, That denial of any application for said permit shall be appealable to the provincial election supervisor or to the Regional Election Director, for cases in the National Capital Region, whose decision shall be made within forty-eight (48) hours and which shall be final and executory: Provided finally, the only justifiable grounds for denial shall be a) a prior written application by any candidate or political party for the same purpose has been approved; or b) the existence of a health emergency, as attested to by the appropriate department or agency of the national government, which absolutely necessitates that mass gatherings be prohibited.

SEC. 100. Public rally. - 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 officer a statement of expenses incurred in connection therewith.

SEC. 101. Transportation, food and drinks. - It shall be unlawful for any

candidate, political party, organization, or any person 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 to give or contribute, directly or indirectly, money or things of value for such purpose.

SEC. 102. COMELEC Space and Time. - The Commission 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 calendar days: the first day within the first week of the campaign period; the second day within the fifth week of the campaign period; and the third day within the tenth week of the campaign period. The Commission 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 week of the campaign period; and the third day within the tenth week of the campaign period. The Commission 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 second debate within the fifth and sixth week of the campaign period; and the third debate shall be scheduled within the tenth and eleventh week of the campaign period.

The sponsoring television or radio network may sell air-time for commercials 2 and advertisements to interested advertisers and sponsors. The Commission shall promulgate rules and regulations for the holding of such debates. Furthermore, Commission shall likewise 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, broadcasting shall be done in any radio or television station in said province or city, which shall be known as "COMELEC Time". Said time shall be allocated to the COMELEC free of charge, while said space shall be allocated to the COMELEC upon payment of just compensation. The COMELEC time and space shall be utilized exclusively by the COMELEC for public information dissemination on election-related concerns.

SEC. 103. Poster areas. - The Commission may authorize political parties and

party-list groups to erect common poster areas for their candidates in not more than ten (10) 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. Independent candidates with no political parties may likewise be authorized to erect common poster areas in not more than ten (10) public places, the size of which shall not exceed four (4) by six (6) feet or its equivalent. Candidates may post any lawful propaganda material in private places with the consent of the owner thereof, and in public places or property which shall be allocated equitably and impartially among the candidates.

SEC. 104. Rates of Political Propaganda. - During the election period, the

maximum rates that media outlets may charge registered political parties, sectoral parties or sectoral organizations, and bona fide candidates shall be no higher than the average of either the published rates, negotiated rates, or any other set of rates, whichever is the lowest, charged in the last three calendar years prior to the election, less a discount therefrom of fifty percent (50%) for television, forty percent (40%) tor radio and ten percent (10%) for print therefrom. Nothing in this provision prohibits a media outlet from giving higher discounts: Provided, That the discount it gives one candidate shall be the same discount it gives to other candidates for the same position In no case shall rates charged to registered political parties, sectoral parties or sectoral organizations, and bona fide candidates be higher than rates charged to non- political advertisers.

SEC. 105. Right to Reply. - All registered parties and bona fide candidates

shall have the right to reply to charges published against them. The reply shall be

given publicity by the newspaper, television and/or radio station which first printed or aired the charges with the same prominence or in the same page or section or in the same time slot as the first statement.

SEC. 106. Election Surveys and Exit Polls. -

(A) During the election period, any person, candidate, party, coalition or organization who publishes a survey must likewise publish the following information: (1) The name of the person, candidate, party or organization who commissioned or paid for the survey; (2) The name of the person, polling firm or survey organization who conducted the survey; (3) 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; (4) The margin of error of the survey; (5) For each question for which the margin of error is greater than that reported under paragraph (d), the margin of error for that question; and (6) 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. The survey together with raw data gathered to support its conclusions shall be available for inspection, copying and verification by the Commission or by a registered political party or a bona fide candidate or by any COMELEC-accredited citizen's arm. A reasonable fee sufficient to cover the costs of inspection, copying and verification may be charged. (B) Exit polls may only be taken subject to the following requirements: (1) 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; (2) Pollsters shall wear distinctive clothing; (3) Pollsters shall inform the voters that they may refuse to answer; and (4) 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 were taken. Said announcement shall state that the same is unofficial and does not represent a trend.

SEC. 107. The Commission shall promulgate and furnish all candidates, duly

registered political and sectoral parties, sectoral organizations, coalition of political parties and the mass media entities the rules and regulations for the implementation of this Article, consistent with the criteria established in Article IX-C, Section 4 of the Constitution.

Rules and regulations promulgated by the COMELEC under and by authority of this Section shall take effect on the fifteenth (15th) day after their publication in at least two (2) daily newspapers of general circulation. Prior to effectivity of said rules and regulations, no political advertisement or propaganda for or against any candidate or political party shall be published or broadcast through mass media. Violation of this Article and the rules and regulations of the COMELEC issued to implement this Article shall be an election offense punishable under Section 409 of this Code. Article 10 Electoral Contributions and Expenditures

SEC. 108. Prohibited contributions and solicitations. - No contribution for

purposes of partisan political activity shall be made directly or indirectly by any of the following: (a) Public or private financial institutions: Provided, however, That nothing herein shall prevent the making of any loan to a candidate or sectoral or political party or organization by any such public or private financial institutions legally in the business of lending money, and that the loan is made in accordance with laws and regulations and in the ordinary course of business; (b) Natural and juridical persons operating a public utility or in possession of or exploiting any natural resources of the nation; (c) Natural and juridical persons who hold contracts or sub-contracts to supply the government or any of its divisions, subdivisions or instrumentalities, including local government units and government-owned and controlled corporations, with goods or services or to perform construction or other works; (d) Natural and juridical persons who have been granted franchises, incentives, exemptions, allocations or similar privileges or concessions by the government or any of its divisions, subdivisions or instrumentalities, including government- owned or controlled corporations; (e) Natural and juridical persons who, within one year prior to the date of the election, have been granted loans or other accommodations in excess of One Million Pesos (Php 1,000,000) by the government or any of its divisions, subdivisions or instrumentalities including government-owned or controlled corporations; (f) Educational institutions which have received grants of public funds amounting to no less than One Million Pesos (Php 1,000,000.00); (g) Officials or employees in the Civil Service, personnel working with for or with the government under a job order or contract of service, consultants to the government, including local government units and government-owned and controlled corporations, or members of the Armed Forces of the Philippines; and (h) Foreign governments and their agencies, any foreign national, and foreign corporations.

It shall be unlawful for any person, including a political party, sectoral party, 2 sectoral organization, coalition of political parties, or public or private entity to solicit or receive, directly or indirectly, any aid or contribution of whatever form or nature from any of the persons or entities enumerated herein for the purposes of influencing 5 the results of the election.

SEC. 109. Prohibited raising of funds. - It shall be unlawful for any person to

8 hold lotteries, cockfights, games, bingo, or any other form of gambling activity 9 including those conducted online, boxing bouts, dances, beauty contests, concerts, 10 cinematographic, theatrical or other performances for the purpose of raising funds for an election campaign or for the support of any candidate, political or sectoral party, coalition of political parties, or sectoral organizations from the commencement of the election period up to and including election day; or for any person, organization, or entity, whether civic or religious, directly or indirectly, to solicit and/or accept from any candidate for public office, or from his campaign manager, agent or representative, or any person acting in their behalf, any gift, food, transportation, contribution or donation in cash or in kind from the commencement of the election period up to and including election day; Provided, That normal and customary religious stipends, tithes, or collections on Sundays and/or other designated collection days, are excluded from this prohibition.

SEC. 110. True name of contributor required. - No person shall make any

contribution in any name except his own nor shall any candidate or treasurer of a political party receive a contribution or enter or record the same in any name other than that of the person by whom it was actually made.

SEC. 111. Report of contributions. - Every person giving contributions to any

candidate, treasurer of the party, organization or coalition, or authorized representative of such candidate or treasurer shall, not later than thirty days after the day of the election, file with the Commission a report under oath stating the amount of each contribution, the name of the candidate, agent of the candidate or political party receiving the contribution, and the date of the contribution.

Section 112. Authorized Expenses of Candidates and Political Parties. - The

aggregate amount that a candidate or registered political party may spend for election campaign shall be as follows: (a) For candidates. - Twenty Pesos (Php 20.00) for President and Vice- President; for Senatorial candidates, Five Pesos (Php 5.00); and for other candidates, Twenty Pesos (Php 20.00) for every voter currently registered in the constituency where the candidate filed a certificate of candidacy: Provided, That, a candidate without a political party and without support from any political party may be allowed to spend Thirty Pesos (Php 30.00) for every such voter: provided, further, that if the authorized expense is less than Five Hundred Thousand Pesos (Php 500,000) after multiplying the prescribed amount per voter to the total number of registered voters in a candidate's constituency, the candidate shall have the option of spending

more than the prescribed amount but in no case shall the total amount exceed Five Hundred Thousand Pesos (Php 500,000). (b) For political parties not participating in party-list elections. - Ten Pesos (Php 10.00) for every voter currently registered in the constituency or constituencies where it has official candidates; and Five Pesos (Php 5.00) for sectoral parties, sectoral organizations, or political parties participating in the party-list elections. Any provision of law to the contrary notwithstanding, any contribution in cash or in kind to any candidate, political party, coalition of parties, sectoral parties, sectoral organizations, or coalition of sectoral parties for campaign purposes, duly reported to the Commission, shall not be subject to the payment of any donor's tax: Provided, further, that unutilized or excess campaign funds shall be subject to income tax, unless the candidate, political party, or party- list group returns the unutilized or excess campaign funds to one or more donors: Provided, finally, that every person making election contributions not exceeding ten thousand pesos (Php 10,000) shall be exempt from the reportorial requirement imposed in the preceding section of this code. However, the candidate, party-list group, or political party receiving such contribution shall still include such de minimis contribution in its record of contributions as mentioned in Section 117. Every six (6) years from the effectivity of this Act, the Commission, in consultation with the Bangko Sentral ng Pilipinas, the National Economic and Development Authority, and the Philippine Statistics Authority, shall review and, if necessary, recommend to Congress new amounts of authorized expenses under this Section based on the Official Consumer Price Index.

SEC. 113. Lawful expenditures. - To carry out the objectives of the preceding

sections, no candidate or treasurer of a political party shall, directly or indirectly, make any expenditure except for the following purposes: (a) For travelling expenses of the candidates and campaign personnel in the course of the campaign and for personal expenses incident thereto; (b) For compensation of campaigners, clerks, stenographers, messengers, and other persons actually employed in the campaign including those working through the internet or social media; (c) For telegraph and telephone tolls, postage, freight and express delivery charges; (d) For stationery, printing and distribution of printed matters relative to candidacy; (e) For employment of watchers at the polls; (f) For rent, maintenance and furnishing of campaign headquarters, office or place of meetings; (g) For establishment, maintenance, updates, and/or upgrades of social media accounts, social media pages, websites, or blogs used for the campaign;

(h) For political meetings and rallies, including e-rallies, and the use of sound systems, lights and decorations during said meetings and rallies; (i) For newspaper, radio, television and other public advertisements including advertisements on the internet and social media sites; (i) For employment of counsel; (k) For copying and classifying list of voters, investigating and challenging the right to vote of persons registered in the lists; and (1) For printing sample ballots in such color, size and maximum number as may be authorized by the Commission. The expenditures for items (j) and (k), shall not be taken into account int determining whether the expenditure limit has been breached by the candidate or party in the conduct of campaign activities.

SEC. 114. Persons authorized to incur election expenditures. - No person,

except the candidate, the treasurer of a political party, coalition of political parties, sectoral party or organization or any person authorized by such candidate or treasurer, shall make any expenditure in support of or in opposition to any candidate or political party. Expenditures duly authorized by such candidate or treasurer shall be considered as expenditures of such candidate, party, organization, or coalition. The authority to incur expenditures shall be in writing, copy of which shall be furnished the Commission signed by the candidate or the treasurer of the party, organization, or coalition and showing the expenditures so authorized, and shall state the full name and exact address of the person so designated. Nothing in this section shall be understood to prohibit private citizens from producing their own lawful materials in support of a candidate, party, or organization: Provided, That the production, use, or deployment of such materials shall not be under the direct or indirect control or supervision by the candidate, party, organization, or its representatives.

SEC. 115. Prohibited donations by candidates, treasurers of parties or their

agents. - No candidate, his or her spouse or any relative within the second civil degree of consanguinity or affinity, or his or her campaign manager, agent or representative shall, during the campaign period, on the day before and on the day of the election, directly or indirectly, make any donation, contribution or gift in cash 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: Provided, That normal and customary religious dues or contributions, such as religious stipends, tithes or collections on Sundays or other designated collection days, as well as periodic payments for legitimate scholarships established and school contributions habitually made before the prohibited period, are excluded from the prohibition. The same prohibition applies to treasurers, agents or representatives of any political or sectoral party or organization or coalition of parties.

SEC. 116. Accounting by agents of candidate or treasurer. - Every person

2 receiving contributions or incurring expenditures by authority of the candidate or 3 treasurer of the party shall, on demand by the candidate or treasurer of the party, and in any event within five (5) days after receiving such contribution or incurring 5 such expenditure, render to the candidate or the treasurer of the party concerned, a 6 detailed account thereof with proper vouchers or official receipts.

SEC. 117. Records of contributions and expenditures. -

(a) It shall be the duty of every candidate, treasurer of the political or sectoral party or organization or coalition of parties, and the person acting under the authority of such candidate or treasurer to issue a receipt for every contribution received and to obtain and keep a receipt stating the particulars of every expenditure made. (b) Every candidate and treasurer of the party, coalition, or organization shall keep detailed, full, and accurate records of all contributions received and expenditures incurred by him or her and by those acting under his or her authority, setting forth therein all information required to be reported. (c) Every candidate and treasurer of the party, coalition, or organization shall be responsible for the preservation of the records of contributions and expenditures, together with all pertinent documents, for at least five (5) years after the holding of the election to which they pertain and for their production for inspection by the Commission or its duly authorized representative, or upon presentation of a subpoena duces tecum duly issued by the Commission. Failure of the candidate or treasurer to preserve such records or documents shall be deemed prima facie evidence of violation of the provisions of this Article.

SEC. 118. Statement of Contributions and Expenditures. - Every candidate and

treasurer of the political or sectoral party, sectoral organization or coalition of political parties shall, within thirty (30) days after the day of the election, file in duplicate with the offices of the Commission the full, true and itemized verified statement of all contributions and expenditures in connection with the election. Regardless of the results of the elections, or even if the candidates, parties, organizations, or coalitions concerned did not receive any contribution or make any expenditure, they shall still submit the statement herein required. The statement shall be in writing, subscribed and sworn to by the candidate or by the treasurer of the party, organization, or coalition, and shall be complete as of the date next preceding the date of filing. It shall set forth in detail (a) the amount of contribution, the date of receipt, and the full name and exact address of the person from whom the contribution was received; (b) the amount of every expenditure, the date thereof, the full name and exact address of the person to whom payment was made, and the purpose of the expenditure; (c) any unpaid obligation, its nature and amount, and to whom said obligation is owing; and (d) such other particulars which the Commission may require.

If the candidate, party, organization, or coalition has received no contribution, made no expenditure, or has no pending obligation, the statement shall reflect such fact. All statements of contributions and expenditures shall be kept and preserved at the office where they are filed and shall constitute part of the public records thereof for five years after the election to which they pertain. They shall not be removed therefrom except upon order of the Commission or of a competent court and shall, during regular office hours, be subject and open to inspection by the public. The officer in-charge thereof, shall, on demand, furnish certified copies of any statement upon payment of the reasonable fee prescribed by the Commission

SEC. 119. Effect of Failure to File Statement. - No person elected to any public

office shall enter upon the duties of his or her office until he or she has filed the statement of contributions and expenditures herein required. The same prohibition shall apply if the political party, sectoral party, sectoral organization, or coalition of political parties which nominated the winning candidate fails to file the statement required herein within the period prescribed by this Article. Except candidates for elective barangay office, failure to file within the prescribed period the statements or reports in connection with electoral contributions and expenditures as required herein shall constitute an administrative offense for which the offenders shall be liable to pay an administrative fine as may be determined by the Commission. The fine shall be paid within thirty (30) days from receipt of notice of such failure; otherwise, it shall be enforceable by a writ of execution issued by the Commission against the properties of the offender. It shall be the duty of every city or municipal election officer to advise in writing, by personal delivery or registered mail, within five (5) days from the date of election all candidates residing in his jurisdiction and all political and sectoral parties, coalition of political parties, and sectoral organizations whose main headquarters is in his jurisdiction to comply with their obligation to file their statements of contributions and expenditures. For the commission of a second or subsequent offense under this section, the administrative fine shall be twice that prescribed for the commission of the first offense. In addition, the offender, if he or she is natural person, shall be subject to perpetual disqualification to hold public office. In the case of political parties, sectoral parties, sectoral organizations, or coalition of political parties, their certificate of registration shall be revoked and they shall not no longer be eligible for subsequent registration.

SEC. 120. Report of contractors and business firms. - Every person or firm to

whom any electoral expenditure is made shall, within thirty (30) days after the day of the election, file with the Commission a report setting forth the full names and exact

1 addresses of the candidates, treasurers of political or sectoral parties, organizations, 2 or coalitions, and other persons incurring such expenditures, the nature or purpose of 3 each expenditure, the date and costs thereof, and such other particulars as the Commission may require. The report shall be signed and sworn to by the supplier or 5 contractor, or in case of a business firm or association, by its president or general 6 manager. It shall be the duty of such person or firm to whom an electoral expenditure is made to require every agent of a candidate or of the treasurer of a political or sectoral party, organization, or coalition to present written authority to incur electoral expenditures in behalf of such candidate or treasurer, and to keep and preserve at its place of business, subject to inspection by the Commission or its authorized representatives, copies of such written authority, contracts, vouchers, invoices and other records and documents relative to said expenditures for a period of five (5) years after the date of the election to which they pertain.

SEC. 121. Place and manner of filing of reportorial requirements. - The

Commission shall determine, before the start of the campaign period, the proper COMELEC offices where the reportorial requirements under this Article shall be filed and the manner by which the same shall be filed.

SEC. 122. The Campaign Finance Office - There shall be a Campaign Finance

Office (CFO) within the Commission which shall be headed by a director who possesses proven competence in the field of law, accounting, and auditing: Provided, That, the director shall be aided by such number of lawyers, accountants, auditors, and investigators as may be necessary to carry out the mandate of the CrO. The CFO shall be tasked to enforce and administer all laws, rules, and regulations relative to campaign finance, contributions, and expenditures.

SEC. 123. Random Audit of Contributions and Expenditures - The Commission

shall establish the necessary procedure for the random audit of the campaign contributions and expenditures of candidates. It shall be the responsibility of the CFO to undertake such random audit: Provided, That the director of the CFO may deputize the office of the provincial election supervisor to conduct the random audit of the campaign contributions and expenditures of local, barangay, and Sangguniang Kabataan candidates: Provided further, That the Commission, through the CFO, shall provide the office of the provincial election supervisor with adequate technical support for the random audit including the detail or assignment thereto of auditors, accountants, and investigators in such number as may be necessary to complete the random audit within six (6) months after the day of the elections. The Commission shall likewise enlist the assistance of colleges, universities, accredited civic organizations, citizen's arms, and election watchdogs in the conduct of the random audit of the candidates' campaign contributions and expenditures.

CHAPTER IV IN-COUNTRY VOTING FOR THE NATIONAL AND LOCAL ELECTIONS Article 11 The Hybrid Election System

SEC. 124. Declaration of Policy. - It is the policy of the State to ensure free,

orderly, honest, peaceful, credible and informed elections, plebiscite, referenda, recall, and other similar electoral exercises by improving on the election process and adopting systems, which shall involve the use of a hybrid election system that will ensure the secrecy and sanctity of the ballot and all election, consolidation and transmission documents in order that the process shall be transparent and credible and that the results shall be fast, accurate, and reflective of the genuine will of the people. The hybrid election system shall be a combination of the automated election system and the manual election system to ensure transparency and credibility of the electoral processes.

SEC. 125. Applicability of the Hybrid Election System. - The hybrid elections

system set forth in this article shall be applicable to the May 2028 elections and all national, local, and Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) elections thereafter.

SEC. 126. Authority to use a Hybrid Election System. - To carry out the above-

stated policy, the Commission is hereby authorized to use a hybrid election system or systems in the same election in different provinces. The system shall be a combination of the automated election system and the manual counting system through a paper- based election system for the process of voting, counting of votes and canvassing/consolidation and transmittal of results of the electoral exercises: Provided, That the hybrid election system need not be implemented for overseas voting.

SEC. 127. The Advisory Council. - The Commission shall create an Advisory

Council which shall be convened not later than eighteen (18) months prior to the next scheduled electoral exercise, and deactivated six months after completion of canvassing. The Advisory Council shall be composed of the following members, who must be registered Filipino voters, of known independence, competence, and probity: (a) Secretary of the DICT who shall act as the chairperson of the council; (b) The respective chairpersons of the Senate Committee on Electoral Reforms and People's Participation and the House of Representatives Committee on Suffrage and Electoral Reforms who shall act as ex officio members; (c) One member for the Department of Science and Technology (DOST); (d) One member from the Department of Education; (e) One member representing the academe, to be selected by the chairperson of the Advisory Council from among the list of nominees submitted by the country's academic institutions;

(f) Three (3) members representing information and communications technology (ICT) professional organizations to be selected by the chair of the Advisory Council from among the list of nominees submitted by Philippines-based ICT professional organization. Nominees shall be individuals, at least one of whom shall be experience in managing or implementing large-scale information technology projects; and (g) Two (2) members representing nongovernmental electoral reform organizations, to be selected by the chair of the Advisory Council from among the list of nominees submitted by the country's nongovernmental electoral reform organizations. Three (3) observers, representing the accredited citizen's arm of the Commission, and the dominant majority and minority parties as determined by the Commission during the immediately preceding election, shall be invited during meetings of the Advisory Council. The observers shall be allowed to gather information: Provided, That they shall not disrupt or obstruct the proceedings of the Advisory Council or countermand its decisions. A person who is affiliated with any political party or candidate for any national position, or is related to a candidate for any national position by affinity or consanguinity within the fourth civil degree, shall not be eligible for appointment or designation to the Advisory Council. Should any such situation arise at any time during the incumbency of a member, the designation or appointment of that member, shall ipso facto be terminated. Any member of the advisory council is prohibited from engaging, directly or indirectly, with any entity that advocates, markets, imports, produces or in any manner handles software, hardware or any equipment that may be used for election purposes for personal gain. Any violation of the two (2) immediately preceding paragraphs shall disqualify said member from the Advisory Council and shall be punishable as provided in this Act and shall be penalized in accordance with the Anti-Graft and Corrupt Practices Act and other related laws. The Council may avail itself of the expertise and services of resource persons who are known independence, competence and probity, are nonpartisan, and do not possess any of the disqualifications applicable to a member of the Advisory Council as provided herein. The resource persons shall also be subject to the same prohibitions and penalties as the members of the Advisory Council. The DICT shall include in its annual appropriation the funds necessary to enable the Council to effectively perform its functions.

SEC. 128. Functions of the Advisory Council. - the Council shall have the

following functions: (a) Recommend the most appropriate, secure, applicable and cost-effective technology to be applied in the automated election system component, in whole or in part, at that specific form in time. (b) Participate as non-voting members of the Bids and Awards Committee in the conduct of the bidding process for the automated election system component. Members of the Advisory Council representing the ICT Professionals organizations are hereby excluded from participating in any manner in the Bids and Awards Committee. (c) Participate as non-voting members of the steering committee tasked with the implementation of the hybrid election system, Members of the Advisory Council representing the ICT professional organization are hereby excluded from participating in any manner in the steering committee. (d) Provide advice and assistance in the review of the systems planning, inception, development, testing, operationalization, and evaluation stages. (e) Provided advice and/or assistance in the identification, assessment and resolution of systems problems or inadequacies as may surface or resurface in the course of the bidding, acquisition, testing, operationalization, re-use, storage or disposition of the equipment and/or resources, as the case may be, to be used in the automated election component of the election system. (f) Provided advice and/or assistance in the risk management of the automated election system especially when a contingency or disaster situation arises. (g) Prepare and submit a written report, which shall be submitted within six months from the date of the election to the oversight committee, evaluating the use of the hybrid election system. Nothing in the role of the Council or any outside intervention or influence shall be construed as an abdication or diminution of the Commission's authority and responsibility for the effective development, management and implementation of the hybrid election system and this Code. The Advisory Council shall be entitled to a just and reasonable amount of per diem allowances and/or honoraria to cover the expenses of the services rendered chargeable against the budget of the Commission.

SEC. 129. The Technical Evaluation Committee. - The Commission, in

collaboration with the chairperson of the Advisory Council, shall establish an independent technical evaluation committee, composed of a representative each from the Commission, the DOST, and the DICT who shall act as chairperson of the Committee. The Technical Evaluation Committee shall be immediately convened within thirty (30) days after the effectively of this Code.

SEC. 130. Functions of the Technical Evaluation Committee. - The Committee

shall certify, through an established international certification entity to be chosen by

1 the Commission from the recommendations of the Advisory Council, not later than 2 three months before the date of the electoral exercises, categorically stating that the automated election system component of the hybrid election system, including its hardware and software components, is operating properly, securely, and accurately, in accordance with the provisions of this Act based, among others, on the following documented results: (a) The successful conduct of a field-testing process followed by a mock election event in one or more cities/municipalities; (b) The successful completion of audit on the accuracy, functionally and security controls of the automated election software; (c) The successful completion of a source code review; (d) A certification that the source code is kept in escrow with the Bangko Sentral (8) A certification that the source code reviewed is one and the same as that used by the equipment; and (f) The development, provisioning, and operationalization of a continuity plan to cover risks to the automated election system at all points in the process such that a failure of elections, whether at voting, counting or consolidation, may be avoided. The Technical Evaluation Committee may avail itself of the expertise and service of resource persons who are of known independence, competence and probity, are not partisan, and who do not possess any of the disqualification applicable to a member of the Advisory Council as provided herein. The resource persons shall also be subject to the same prohibitions and penalties as the members of the Advisory Council. The Technical Evaluation Committee shall closely coordinate with the steering committee of the Commission tasked with the implementation of the hybrid election system in the identification and agreement of the project deliverables and timelines, and in the formulation of the acceptance criteria for each deliverable.

SEC. 131. Minimum System Capabilities, - The automated election system

component of the hybrid election system must at least have the following functional capabilities: (a) Adequate security against unauthorized access: (b) Accuracy in recording and reading of votes as well as in the tabulation, consolidation/canvassing, electronic transmission, and storage of results; (c) Error recovery in case of non-catastrophic failure of device; (d) System integrity which ensures physical stability and functioning of the vote recording and counting process; (e) Provision for voter verified paper audit trail; (f) System auditability which provides supporting documentation for verifying the correctness of reported election results;

(g) An election management system for preparing ballots and programs for use in the casting and counting of votes and to consolidate, report and display election result in the shortest time possible; (h) Accessibility to illiterates and disable voters; (i) Vote tabulating program for election, referendum or plebiscite; 0) Accurate ballot counters; (k) Data retention provision; (1) Provide for the safekeeping, storing and archiving of physical or paper resource used in the election process; (m) Utilize or generate official ballots as herein defined; (n) Provide the voter a system of verification to find out whether or not the machine has registered his choice; (o) Configure access control for sensitive system data and function; and (p) Capable of producing a perfect correlation between the ballot count and the votes reflected in the voter verified paper audit trail. In the procurement of this system, the Commission shall develop and adopt an evaluation system to ascertain that the above minimum system capabilities are met. This evaluation system shall be developed with the assistance of an advisory council.

SEC. 132. Communication Channels for Electronic Transmissions. - All

electronic transmissions by and among the automated election system and its related components shall utilizes secure communication channels as recommended by the Advisory Council, to ensure authentication and integrity of transmission.

SEC. 133. Procurement of Equipment and Materials. - To achieve the purpose

of this Code, the Commission is authorized to procure, in accordance with existing laws, by purchase, lease, rent or other forms of acquisition, supplies, equipment, materials, software, facilities, and other service, from local or foreign sources free from taxes and import duties, subject to accounting and auditing rules and regulation. With respect to the May 2028 elections and succeeding electoral exercises, the system procured must have demonstrated capability and been successfully used in a prior electoral exercise here or board. Participation in pilot exercises shall not be conclusive of the fitness of the system. In determining the amount of any bid from a technology, software or equipment supplier, the cost to the government of its deployment and implementation shall be added to the bid price as integral thereto. The value of any alternative use to which such technology, software or equipment can be put for public use shall not be deducted from the original face value of the said bid. Notwithstanding the requirement under Section 23.4.1.3 of the implementing rules and regulations of RA No. 9184, for the sole purpose of procuring supplies, equipment, materials, software, facilities, and other automated elections services, under this Code, the prospective bidder must have either completed within the period specified in the invitation to bid, a single largest completed contract that is similar to the contract to be bid, and whose value, adjusted to current prices using the Philippine Statistics Authority Consumer Price Indices, must at least be fifty percent (50%) of

1 the approved budget of contract or with proven financial, technical, and organizational 2 capacity to conduct such exercise so as to ensure that the bidding and procurement 3 shall not unreasonably limit competition and inequitably bar participation of capable suppliers, manufacturers, distributors, and service providers.

SEC. 134. Continuity Plan. - The automated election system component shall

7 be so designed to include a continuity plan in case of a systems breakdown or any 8 such eventuality which shall result in the delay, obstruction or nonperformance of the electoral process. Activation of such continuity and contingency measures shall be undertaken in the presence of representatives of political parties and citizen's arm of the Commission who shall be notified by the election officer of such activation. All duly registered political parties and party-list groups shall be furnished copies of said continuity plan at their official addresses as submitted to the Commission. The list shall be published in at least two newspapers of national of circulation and shall be posted at the website of the Commission at least fifteen (15) days prior to the electoral activity concerned.

SEC. 135. Examination and Testing of Equipment or Device of the AES and

Opening of the Source Code for Review. - The Commission shall allow the political parties and candidates or their representatives, citizens' arm or their representatives to examine and test the equipment or device to be used in the voting and counting on the day of the electoral exercise, before voting start. Test ballots and test forms shall be provided by the Commission. Immediately after the examination and testing of the equipment or device, parties and candidates or their representatives, citizen's arms or their representatives, may submit a written comment to the election officer who shall immediately transmit it to the Commission for appropriate action. The election officer shall keep minutes of the testing, a copy of which shall be submitted to the Commission together with the minute of voting. Once an automated election system technology is selected for implementation, the Commission shall promptly make the source code of that technology available and open to any interested political party or groups which may conduct their own review thereof.

SEC. 136. Stakeholder education and training. - The Commission shall, not

later than six (6) months before the hybrid elections, undertake a widespread stakeholder education and training program, through newspaper of general circulation, radio, television and other media forms, as well as through seminars, symposia, fora and other nontraditional means, to educate the public and fully inform the electorate about the new system and inculcate values on honest, peaceful, orderly and informed elections. Such program shall ensure the acceptance and readiness of the following stakeholders to understand and appreciate the benefits of the Hybrid Election System:

(1) General public/voters; (2) Commission's staff; (3) Department of Education, Department of Finance (municipal, city and provincial treasurers) and all other government agencies who will play a role in the electoral exercise; (4) Local government officials (provincial, municipal, barangay levels); (5) Incumbent elected officials in the legislative and executive departments; (6) Political parties and candidates; (7) Members of the military and police. The general public or voters training will focus on building the capability to use the hybrid election system to cast their vote, as well as general appreciation of such system. All other stakeholders mentioned above will receive additional information in order to build a deeper understanding of the voting, counting, canvassing procedures, so that they may act as advocates of the hybrid election system.

SEC. 137. Joint Congressional Oversight Committee. - An Oversight Committee

is hereby created composed of seven members each from the Senate and the House of Representatives, four (4) of whom shall come from the majority and three from the minority, to monitor and evaluate the implementation of this hybrid election system. A written report to the Senate and the House of Representatives shall be submitted by the Advisory Council within six (6) months from the date of election. The oversight committee shall conduct a mandatory review of the hybrid election system every twelve (12) months from the date of the last regular national or local elections. Article 12 Elections of National and Local Officials

SEC. 138. Regular election for President and Vice-President. - The next regular

election for President and Vice-President of the Philippines shall be held on the second Monday of May 2028 and on the same day every six years thereafter. The President- elect and the Vice-President-elect shall assume office at twelve o'clock noon on the thirtieth day of June next following the election and shall end at noon of the same date, six years thereafter when the term of his or her successor shall begin.

SEC. 139. Regular election of Members of the Senate. - The next regular

election of the Members of the Senate whose present term of office shall end on June 30, 2028 shall be on the second Monday of May 2028 and on the same day every six (6) years thereafter. The next regular election of the Members of the Senate whose present term of office shall end on June 30, 2031 shall be on the second Monday of May 2031 and on the same day every six (6) years thereafter.

SEC. 140. Regular election of the Members of the House of Representatives. -

The next regular election for the Members of the House of Representatives representing the various legislative districts of the Philippines and the Members of the House of Representatives voted through the party-list system shall be held on the second Monday of May 2028 and on the same day every three (3) years thereafter.

SEC. 141. Manner of Voting for Members of Senate. - Candidates for Senator

2 shall be voted at large by registered voters both within and without the Philippines. The candidates corresponding to the number of Senators to be elected who receive 4 the highest number of votes shall be declared elected.

SEC. 142. Manner of Voting for the Members of the House of Representatives.

- Every voter shall be entitled to three (3) votes: the first is a vote for a candidate for Member of the House of Representatives in his or her legislative district; the second, a vote for the political party or coalition he or she wants represented in the House of Representatives; and the third, a vote for the sectoral party or organization he or she wants represented in the House of Representatives: Provided, that a vote cast for a party, sectoral organization, or coalition not entitled to be voted for shall not be counted. The Commission shall undertake the necessary information campaign for purposes of educating the electorate on the matter of the party-list system.

SEC. 143. Composition and Apportionment of the Members of the House of

Representatives. - The apportionment of district representatives prior to the effectivity of this Code shall be retained: Provided, That 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: Provided further, That 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: Provided finally, That the corresponding adjustments shall be made to the number of party-list representatives which shall constitute twenty per centum (20%) of the total number of the members of the House of Representatives including those under the party-list. The classification of groups under the party-list system, as well as the allocation of the seats therefor, shall be in accordance with Article 6 of this Code.

SEC. 144. Regular elections of local officials. - Except as otherwise provided

in this Code, the election of regional, provincial, city, and municipal officials shall be held throughout the Philippines in the manner herein prescribed on the second Monday of May 2028 and on the same day every three years thereafter. The elective members of the Sangguniang Panlalawigan, Sangguniang Panlungsod, and Sangguniang Bayan shall be elected as follows: (a) For provinces with two (2) or more legislative districts, the elective members of the Sangguniang Panialawigan shall be elected by legislative districts. For this purpose, the number of seats shall be apportioned equitably: Provided, That if equal division is not possible, the remaining member or members shall

be elected in the district or districts with the greater number of population or, if they be the same, with the greater number of voters: Provided further, That if a legislative district includes a city that does not vote in the election of provincial officials, the Commission shall allocate the number of seats among the districts in proportion to the population of the constituencies voting for the Sangguniang Panlalawigan; (b) For provinces with only one (1) legislative district, the Commission shall divide them into two (2) districts for purposes of electing the members of the Sangguniang Panlalawigan, as nearly as practicable according to the number of inhabitants, each district comprising a compact, contiguous and adjacent territory, and the number of seats of elective members of their respective sanggunian shall be equitably apportioned between the districts in accordance with the immediately preceding paragraph; and (c) The composition, number, and election of elective members of the Sangguniang Panlungsod and Sangguniang Bayan of the various cities and municipalities already existing prior to the effectivity of this Code shall remain operative. For every new city or municipality henceforth established, the members of the Sangguniang Panlungsod or Sangguniang Bayan thereof shall be elected at large by the registered voters of the city or municipality concerned unless otherwise provided for by a special law.

SEC. 145. National Election Day as a Regular Non-Working Holiday. - Every

national election shall be a regular non-working holiday to incentivize the electorate to exercise their democratic right of suffrage. The term "national election" shall include activities such as plebiscite, referendum, people's initiative, recall election, special election, regional elections, other processes of voting of a similar nature which are national in scope. Article 13 Polling Places

SEC. 146. Polling place. - A polling place is the place where the Electoral Board

conducts its proceedings and where the voters shall cast their votes. A voting center refers to the building or place where the polling place is located.

SEC. 147. Designation of polling places. - The location of polling places

designated in the preceding regular election shall continue with such changes as the Commission may find necessary, after notice to registered political parties and candidates in the political unit affected and hearing: Provided, That no location shall be changed within forty-five (45) days before a regular election and thirty (30) days before a special election or a referendum or plebiscite, except in case it is destroyed or it cannot be used.

SEC. 148. Requirements for polling places. - Each polling place shall be, as far

as practicable, a ground floor, and shall be of sufficient size to admit and comfortably accommodate forty (40) voters at one time outside the guard rail for the electoral board. The polling place shall be located within the territory of the precinct and as centrally as possible with respect to the residence of the voters therein. Whenever possible, such location shall be along a public road. No designation of polling places 7 shall be changed except upon written petition of the majority of the voters of the precinct or agreement of all the political parties or by resolution of the Commission upon prior notice and hearing. A public building having the requirements prescribed in the preceding paragraph shall be preferred as polling place.

SEC. 149. Building that shall not be used as polling places. - No polling place

shall be located in a public or private building owned, leased, or occupied by any candidate or of any person who is related to any candidate within the fourth (4th) civil degree of consanguinity or affinity, or any officer of the government or leader of any political party, sectoral party, sectoral organization, group or faction, nor in any building or surrounding premises under the actual control of a private entity, political party, sectoral party, sectoral organization, or religious organization. In places where no suitable public building is available, private school buildings may be used as polling places. No polling place shall be located within the perimeter of or inside a military or police camp or reservation or within a prison compound. Any registered voter, candidate, registered political party, sectoral party, or sectoral organization may petition the Commission not later than thirty (30) days before the start of the election period for the transfer of the polling place from the prohibited buildings provided herein. Such petition shall be heard and decided by the Commission within twenty (20) days from the filing of the petition. Failure to effect the transfer of the polling place after the Commission found it to be located in violation of this section within the period prescribed herein shall be a ground for the postponement of the election in the polling place concerned.

SEC. 150. Signs and flags of polling places. - On the day of the voting as well

as on any day that the electoral board might meet, every polling place shall have in front a sign showing the number of the precinct to which it belongs and the Philippine flag shall be hoisted at the proper height.

SEC. 151. Arrangement and contents of polling places. - Each polling place

shall conform as much as possible to the layout prescribed by the Commission, taking into account the requirements under this Article.

SEC. 152. Designation of Accessible Polling Places for Persons with Disabilities,

Senior Citizens and Pregnant Women. - In every voting center, the Commission shall designate and establish accessible polling places, as defined in Section 5 of this Code, for the exclusive use of PWDs, senior citizens, and pregnant women in such number as may be sufficient to ensure an expedient, safe, and comfortable voting process. No

1 prior manifestation shall be required in order that the persons mentioned herein may 2 avail of their right to vote in accessible polling places.

SEC. 153. Emergency Accessible Polling Places. - During election day, the

5 Commission shall designate rooms or makeshift or temporary polling places at residences for senior citizens, jails, prison facilities or detention centers, quarantine 7 facilities, hospital facilities, areas with a substantial number of IDPs, remote areas, 8 and in such other places as may be necessary to ensure an efficient and expeditious 9 voting process for senior citizens, PWDs, pregnant women, IDPs, PDLS, IPs, hospitalized or quarantined persons, healthcare workers on duty, and qualified repatriated overseas voters. The Commission shall ensure that, as far as practicable, and insofar as may be necessary, the Emergency Accessible Polling Places (EAPP) shall have the same features and shall offer the same assistive services as those found in Accessible Polling Places and that the voting procedure in the EAPPs, including the facilities and materials, is adequate, appropriate, accessible, and easy to understand and use, and that reasonable accommodation shall be granted to the persons mentioned in the preceding paragraph so that they may fully exercise their right of suffrage.

SEC. 154. Duty of the Commission to ensure secrecy. - The Commission shall

prescribe the specifications and layout of the polling places to ensure that adequate measures are in place to enable the voters to fill out their ballots secretly and that the secrecy of the ballot is preserved. Such measures shall include the use of voting booths in such number, size, specifications, and materials as the Commission may prescribe.

SEC. 155. Guard rails. -

(a) In every polling place there shall be a guard rail between the area where the voters shall fill out their ballots and the table for the electoral board which shall have a separate entrance and exit. The polling place shall be laid out in such a manner that voting booths can be accessible only by passing through the guard rail and by entering through its open side facing the table of the electoral board. (b) There shall also be a guard rail for the watchers between the place reserved for them and the table for the electoral board and at such a distance from the latter that the watchers may see and read clearly during the counting of the contents of the ballots and see and count the votes recorded by the electoral board member on the corresponding tally sheets. (c) There shall also be, if possible, guard rails separating the table of the electoral board from the voters waiting for their turn to cast their votes, with entrance and exit to give them orderly access to the table and the booths during the voting. (d) The polling place shall be so arranged that the booths, the table for the electoral board, the ballot boxes, and the whole polling place, except what is being written within the booths, shall be in plain view of the electoral board, the watchers, and other persons who may be within the polling place. (e) The Commission is hereby authorized to make the necessary adjustments to the guidelines set forth in this Section for polling places designated exclusively

for persons with disabilities and senior citizens, as well as for emergency accessible polling places, to the end that the safety and comfort of the voters therein are enhanced, that they are able to fill out their ballots secretly, and that the secrecy of the ballots is preserved.

SEC. 156. Ballot boxes. - There shall be in each polling place on the day of the

voting a ballot box with such safety features that the Commission may prescribe and of such size as to accommodate the official ballots.

SEC. 157. Tally boards. - At the beginning of the counting, there shall be

placed within the plain view of the electoral board, watchers, and the public, a tally board where the names of all the registered candidates or the issues or questions to be voted upon shall be written. During the manual counting of votes, the poll clerk shall record thereon the votes received by each of the candidate or question to be voted on as the chairman of the electoral board reads the ballot.

SEC. 158. Furnishing of ballot boxes, forms, stationeries and materials for

election. - The Commission shall prepare and furnish the ballot boxes, forms, stationeries and materials necessary for the registration of voters and the holding of the election. The provincial, city and municipal treasurer shall have custody of such election paraphernalia, supplies and materials as are entrusted to him under the law or rules of the Commission and shall be responsible for their preservation and storage, and for any loss, destruction, impairment or damage of any election equipment, material or document in their possession furnished under this Code.

SEC. 159. Inspection of polling places. - Before the day of the election,

referendum or plebiscite, the Chairman of the Commission shall, through its authorized representatives, see to it that all polling places are inspected and such omissions and defects as may be found corrected. The Commission shall keep the reports on these inspections.

SEC. 160. Polling places for Persons Deprived of Liberty. - The Commission

shall establish special polling places in an area inside the jail facility or detention center with sufficient space to accommodate at least ten (10) voters at a given time. The physical set-up of such special polling places shall be similar to regular polling places, except for the necessary modifications which the Commission, in coordination with the management of the jail facility or detention center, shall institute in the interest of safety and order. Article 14 The Electoral Board

SEC. 161. Composition and appointment of the electoral board. - At least

fifteen (15) days before the start of the campaign period for national candidates, the Commission shall, directly or through its duly authorized representatives, constitute an electoral board for each clustered precinct to be composed of a chairman, a poll

1 clerk, and a third member. In all cases, the Commission shall ensure that at least one 2 (1) member of the electoral board is an information-technology capable person trained for the purpose and certified as such by the DOST. As far as practicable, women electoral board members may not be assigned in areas with security concerns, far- flung barangays, or areas likely to cause gender-based violence or harm.

SEC. 162. Oath of the members of the electoral board. - The members of the

electoral board shall, before assuming their office, take and sign an oath upon forms 9 prepared by the Commission, before an officer authorized to administer oaths or, in boy the can mefore suming the his absence, before any other member of the electoral board present, or in case no one is present, they shall take it before any voter. The oaths shall be sent immediately to the city or municipal treasurer.

SEC. 163. Qualifications of members of the electoral board. - No person shall

be appointed chairperson or member of the electoral board, whether regular, temporary, or as a substitute, unless he or she is: (a) A registered voter in the city of municipality; (b) Of good moral character and irreproachable reputation; (c) Has never been convicted of any election offense or of any crime punishable by more than six (6) months of imprisonment and has no pending case in court for any election offense; and (d) Able to speak and write Filipino, English, or the local dialect.

SEC. 164. Disqualification. - No person shall serve as chairperson or member

of the electoral board if he or she is related within the fourth civil degree of consanguinity or affinity to any other member of the same electoral board or to any candidate to be voted for in the polling place or any nominee of a party-list group or such candidate's or nominee's spouse.

SEC. 165. Posting of the List of Members of the Board; Opposition. - A day

after the constitution of the electoral board, the list of the constituted members and substitutes shall be posted for five (5) days on the bulletin boards in the office of the election officer and in the city or municipal hall. Within three (3) days from the posting of the list of appointed members of the electoral board or the posting of the final list of candidates, whichever comes later, any interested party may file a written opposition under oath against any appointed or substitute member of the electoral board at the office of the election officer. Within seven (7) days from receipt of the opposition, the election officer shall resolve the opposition in writing. The Commission shall prescribe the procedure which the election officer shall observe in these cases

SEC. 166. Right of Preference of Public School Teachers; Order of Preference.

47 (A) In the appointment of the members of the electoral boards, the Commission shall give preference to public school teachers who are qualified, willing, and available

to render election service. For this purpose, the highest official of the Department of Education or Ministry of Basic, Higher, and Technical Education of the Bang samoro Autonomous Region in Muslim Mindanao, as the case may be, in the district, city, or municipality shall submit to the election officer a certified list of public school teachers who are qualified, willing, and available to render election- related service within five (5) days upon request, based on the project of precincts. Those with permanent appointments and those who served in previous elections shall be given preference. 10 (B) In case there are not enough public-school teachers who are qualified, willing, and available to serve as members of the electoral board based on the certified list mentioned in the preceding section, the Commission shall appoint the following persons who shall likewise be qualified, willing, and available to render election related service, in the following order: (1) Private school teachers, giving preference to those employed in private schools being utilized as voting centers, those who are teaching in high school or college level and are holding regular positions, or those who have previously served as member of the electoral board. (2) National government employees except personnel of the Department of National Defense, any of its attached agencies, and personnel of the Philippine National Police, except in cases provided for under Section 171 of this Code. (3) Members of citizens' arms of Civil Society Organizations and Non- government Organizations duly accredited by the Commission; and (4) A registered voter of the city or municipality subject to additional qualifications and disqualifications as the Commission may prescribe. The highest ranking officials of the private schools, the highest official ranking officials of national government agencies, and the highest officer of the local chapter of the Commission-accredited citizens' arms and non-government organizations in the district, city, or municipality concerned, shall, within five (5) days from service of a written request, submit to the election officer a certified list of their respective personnel who are qualified, willing, and available to render election-related service. The Commission shall provide, free of charge, an application form, which shall be available in the office of the election officer, for any registered voter who intends to be appointed as a member of the election registration board. The Commission shall likewise set the deadline for the filing of such application form.

SEC. 167. Powers and functions of the electoral board. - The electoral board

shall have the following powers and functions: (a) Conduct the voting and counting of votes in their respective polling places; (b) Act as deputies of the Commission in the supervision and control of the election in the polling places wherein they are assigned, to assure the holding of the same in a free, orderly and honest manner; and

(c) Perform such other functions prescribed by this Code or by the rules and regulations promulgated by the Commission.

SEC. 168. Voting privilege of members of the electoral board. - Members of

the electoral board may vote in the polling place where they are assigned on election day: Provided, That they are registered voters of the same legislative/councilor district and the same city or municipality where they are assigned. In such case, said member or members of the electoral board shall write their names and precinct numbers in the Any member of the electoral board who is a registered voter of another legislative/councilor district within the same city or municipality may vote in the polling place where he or she is actually registered provided that: (a) The voting in the place of assignment is light; (b) His or her absence shall not be for more than thirty (30) minutes; (c) He or she must be given priority in voting; and (d) The fact that he or she exercised the voting privilege shall be noted in the Minutes. In the alternative, the members of the electoral board may avail of other modes of voting whenever permitted under the Code.

SEC. 169. Permanent vacancy in the electoral board. - If a constituted member

of the electoral board dies, becomes incapacitated to perform his or her duties, or is disqualified from serving as such, the election officer shall replace such member from the list of substitutes for the clustered precinct concerned. The member who fills a permanent vacancy shall be entitled to the full rights, privileges, honoraria, allowances, and other benefits as the member whom he or she substituted for.

SEC. 170. Temporary vacancy in the electoral board. - If, at the time of the

meeting of the electoral board, any member is absent or a position in the electoral board is still vacant, the members present shall call upon the substitute of the absent member to perform the duties of the latter. In case such substitute cannot be found, the members present shall appoint any qualified non-partisan registered voter of the polling place to temporarily fill in the vacancy until the absent member appears or the vacancy is filled. In such case, the honoraria and allowances appertaining to the absent member or the vacant position shall be pro-rated between the person who filled in the temporary vacancy and the substitute or original member of the electoral board, as the case may be. In no case shall the person filling in the temporary vacancy receive less than one half of the honoraria and allowances of the absent member or the vacant position. Such person shall likewise have the full rights, privileges, and other benefits appertaining to the absent member or vacant position. The filling in of the temporary vacancy shall not relieve the absent member and those who caused his or her absence from administrative and criminal liability.

SEC. 171. Deputation of Members of the Philippine National Police (PNP). -

2 Uniformed personnel of the PNP who have undergone the necessary trainings and 3 have secured the certification from the Department of Science and Technology mentioned in Section 161 may be deputized as a member of the electoral board, if the following circumstances are present: (a) The peace and order situation in the area requires as determined by the Commission; and (b) There are no other qualified, willing, and available persons to render election service in the affected area based on the certification mentioned in Section 166 (B). Where designated electoral boards fail to report on Election Day or retrieve the election documents from the City/Municipal Treasurer's Office/Office of the Election Officer due to peace and order situation, the Election Officer may designate Philippine National Police personnel as substitute electoral board.

SEC. 172. Relief of the members of the electoral board. - The members of the

electoral board shall not be relieved unless disqualified as provided in this Code.

SEC. 173. Proceedings of the electoral board. - The meetings of the electoral

board shall be public and shall be held only in the polling place or such other place as authorized by the Commission. The electoral board shall have full authority 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. If any person shall refuse to obey lawful orders of the electoral board, or shall conduct himself or herself in a disorderly manner in its presence or within its hearing and thereby interrupt or disturb its proceedings, the electoral board may issue an order in writing directing any peace officer to remove such person from the place where the electoral board is meeting until the adjournment of the meeting, but such order shall not be executed as to prevent any person so taken into custody from exercising his or her right to vote. Such order shall be executed by any peace officer to whom it may be delivered, but if none be present, by any other person deputized by the electoral board in writing.

SEC. 174. Prohibition of political activity. - No member of the board of electoral

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

SEC. 175. Functioning of the electoral board. - The electoral board shall act

through its chairman, and shall decide without delay by majority vote all questions which may arise in the performance of its duties.

SEC. 176. Support staff of the electoral board. - The Commission may

authorize the appointment of support staff to assist the electoral board in the performance of its duties in such number as may be reasonable and necessary. The Commission shall determine the compensation and allowances of such personnel:

Provided, That such compensation and allowances shall be just and reasonable under the circumstances. Article 15 Watchers

SEC. 177. Official watchers of candidates, political parties and other groups. -

Each candidate, duly registered political party or coalition of political parties, party-list 9 group, and duly accredited citizens' arm, may appoint in every polling place two (2) watchers who shall serve alternately. However, candidates for Senator, Member of the Sangguniang Panlalawigan, Sangguniang Panlungsod, and Sangguniang Bayan belonging to the same party or coalition, shall collectively be entitled to one (1) watcher only. Other civic, religious, professional, business, service, youth, and any similar organizations, with prior authority of the Commission, shall be collectively entitled to appoint one (1) watcher in every polling place. If the space in a polling place reserved for watchers is insufficient, preference shall be given to the watchers of the dominant majority and dominant minority parties, as determined by the Commission. Watchers of the citizens arm shall be given preferential position closest to the Electoral Board.

SEC. 178. Qualifications of watchers. - No person shall be appointed as

watcher unless said person: (a) Is a registered voter of the city or municipality where such person is assigned; (b) Is of good moral character; (c) Has not been convicted by final judgment of any election offense or of any other offense; (d) Knows how to read and write Filipino, English or the prevailing local dialect; and (e) Is not related within the fourth civil degree of consanguinity or affinity to the chairperson or any other member of the electoral board in the polling place where such person seeks appointment as a watcher.

SEC. 179. Rights and duties of watchers. - Upon entering the polling place,

the watchers shall present and deliver to the chairperson of the electoral board their appointment and proof that they are registered voters of the city or municipality concerned. Their names shall be recorded in the minutes with a notation under their signature that they are qualified under the preceding section of this Code. The appointments of the watchers shall bear the personal signature of the candidate or the duly authorized representative of the registered political party or coalition of political parties, party-list group, accredited citizens' arm or other authorized organization who appointed them. At least fifteen (15) days before election day, independent candidates, registered political parties or coalition of political parties, party-list groups, accredited citizens' arm and other organizations authorized by the

1 Commission to appoint watchers shall provide the election officer concerned with the 2 names and signatures of their representatives authorized to appoint watchers in the 3 city or municipality of the polling place. The watchers shall have the following rights: (a) To stay in the space reserved for them inside the polling place except in the instances provided under Section 1//; (b) To witness and inform themselves of the proceedings of the electoral board; (c) To take notes of what they may see or hear; (d) To take photographs, images, video, or audio recordings of the proceedings and incidents, if any, during the Final Testing and Sealing, counting of votes, transmission of results, preparation and printing of election returns: Provided, That the secrecy of ballots shall be maintained at all times: Provided further, That in no case shall taking of pictures, images, photos, videos, or audio recordings be allowed while the voter is shading the ballot or feeding the same in the vote counting machine. Violation of this paragraph shall constitute an election offense; (e) To file a protest against any irregularity or violation of law which they believe may have been committed by the electoral board, by any of its members or by any person present; (f) To obtain from the electoral board a certificate as to the filing of such protest and/or of the resolution thereon; (g) To obtain from the electoral board a certificate of votes which shall contain the number of votes obtained by the candidate, from manual count and automated count, respectively, written in words and figures, the number of the precinct, the name of the city or municipality and the total number of voters who voted in the precinct and the date and time issued. The certificate of votes shall be signed and thumb marked by each member of the electoral board. (h) To have a reasonable opportunity to read the ballots during the manual counting of votes, after such ballots shall have been read by the chairperson, as well as the election returns, after they shall have been completed and signed by the members of the electoral board, without touching either the ballots or the election returns; and (i) To position themselves near the chairperson of the electoral board while the chairperson is publicly announcing the precinct results. (i) Watchers are not allowed to speak to any member of the electoral board or to any voter or among themselves, in a manner that would disrupt the proceedings of the electoral board. The watchers representing the dominant majority and dominant minority parties, and the citizen's arm shall, if available, affix their signatures and thumbmarks in the election returns for both the manual and automated counts. Article 16 The Official Ballots

SEC. 180. Form and contents of the Official Ballots. —

(A) Ballots for National, Local, and Bangsamoro Autonomous Region Elections, whether regular or special, plebiscites, initiatives, referenda, and recall elections shall be paper-based, uniform sized, and shall be prescribed by the Commission, taking into account environmental considerations, with a reasonable minimum paper size and, as far as practicable, using only recycled paper. They shall be printed in black ink on security paper with distinctive, clear, and legible watermarks that will readily distinguish it from ordinary paper. Each ballot shall bear a serial number and a bar code, which can be scanned for the purpose of projecting the digital image of the ballot and for its authentication. It shall bear at the top middle portion thereof the Coat-of-Arms of the Republic of the Philippines, the word "Official Ballot", the name of the city or municipality and province in which the election is to beheld, and the date of the election. (B) The official ballot shall be serially numbered and shall be delivered to, and correspond to, specific precincts or cluster of precincts, as the case may be, which shall have corresponding and exclusive ballot identification numbers separate from the serial number of the individual ballots. For purposes of transparency, the ballot identification numbers and the serial number of the ballots corresponding to each precinct or cluster of precincts, as the case may be, shall be available for viewing by interested parties on the Commission's official website at least five (5) days before the elections. (C) A digital image of a sample official ballot may be available for viewing and downloading from the Commission's website, minus the security features, and actual bar codes for authentication. (D) The official ballot shall contain the titles of the positions to be filled and/or the positions to be voted upon in an initiative, referendum, or plebiscite. Under each position to be filled, the names of candidates shall be arranged alphabetically by surname and uniformly indicated using the same type size. The maiden or married name shall be listed in the official ballot, as preferred by the female candidate. Under each proposition to be voted upon, the choices should be uniformly indicated using the same font and size. Opposite the name of the candidate or the proposition to be voted upon, as the case may be, shall be a square or rectangle, on which the voter will place a single vertical mark to register a vote for such candidate or proposition. (E) A fixed space where the chairman of the electoral board shall fix his/her signature to authenticate the official ballot shall be provided. (F) The foregoing provisions notwithstanding, the Commission is hereby authorized to prescribe a different form of official ballot on the same watermarked security paper to facilitate voting by persons with disabilities and by persons who are unable to read or write only. The Commission should use or adopt the latest technological and electronic devices in connection therewith, as to enable such voters to confirm that the accompanying person truly adhered to the voter's choice of candidates. (G) To prevent the use of fake ballots, the Commission through the Technical Evaluation Committee, established under Section 129 of this Code, shall ensure that the necessary safeguards, such as, but not limited to, bar codes, holograms, color shifting ink, microprinting, are provided on the ballot.

SEC. 181. Printing and distribution of the official ballots. - The printing of the

official ballots shall be done by the National Printing Office and/or Bangko Sentral ng Pilipinas, under the control and supervision of the Commission, using the printing machines they own, and shall not, under any circumstance, be contracted out or 5 outsourced, whether directly or indirectly, to any private or public person, entity, or agency. The official ballots shall be printed and distributed to each city/municipality at the rate of one ballot for every registered voter with a provision of additional three ballots per precinct.

SEC. 182. Sample Official Ballots. - The Commission shall provide the electoral

board with sample official ballots at the rate of thirty ballots per polling place. The sample official ballots shall be printed on colored paper, in all respects like the official ballots but bearing instead the words "Sample Official Ballot", to be shown to the public and used in demonstrating how to fill out and fold the official ballots properly. No name of any actual candidate shall be written on the spaces for voting on the sample official ballots provided by the Commission, nor shall they be used for voting. At least thirty (30) days before an election, it shall be the duty of the Commission on Elections to publicize the unfilled official sample ballot, as well as, a set of simplified instructions as to the casting of votes, through broadcast, digital, electronic, or online media, as well as posting the same information at conspicuous public areas in every barangay during the National and Local Elections, including barangay and Sangguniang Kabataan Elections, and the list of all registered candidates to be voted in the said election. The names of the candidates shall be listed in alphabetical order under their respective party affiliation, if any: Provided, however, That in the posting of the names of the candidates for national offices, the alphabetical order shall be democratized such that the names of candidates are shown in equal prominence. Persons nominated under the party-list system shall likewise be included in the abovementioned list. The information to be publicized or posted under this Section shall be in any of the official languages of the Republic of the Philippines or in the dialect understood by a majority of the voters in the region where the information is directed.

SEC. 183. Custody and accountability of ballots. - The election officer and the

treasurer of the city/municipality as deputy of the Commission shall have joint custody and accountability of the official ballots, accountable forms and other election documents as well as ballot boxes containing the official ballots cast. The election officer and the city or municipal treasurer shall keep a record of the quantity, identification numbers, and the serial numbers of the ballots they have custody of. Legible copies of aforesaid record shall be furnished the duly authorized city or municipal representatives of the dominant majority and minority parties and the Commission immediately after the distribution is made of such official ballots. Any candidate or duly registered political or sectoral party or organization shall be given a copy of such record upon request.

The Commission shall promulgate the necessary rules and prescribe the appropriate forms and documentation to ensure that the chain of custody of the ballots and the ballot boxes may be readily established. No official ballots shall be delivered to the electoral board earlier than the first hour of election day: Provided, however, That the Commission may, for justifiable reasons, authorize the delivery of said official ballots to the electoral board of any particular polling place at an earlier date after written notice thereof to the independent candidates to be voted for in the polling place concerned and to the duly registered political parties fielding candidates to be voted for in such polling place.

SEC. 184. Watchers in the printing, storage, and distribution of ballots. -

Accredited political or sectoral parties or organization and deputized citizen's arms of the Commission may assign watchers in the printing, storage, and distribution of official ballots. The watchers shall have the same qualifications prescribed in Section 178 of this Code. Article 17 Casting of Votes in Regular Voting

SEC. 185. Voting hours on election day. - Unless otherwise set by the

Commission through a duly promulgated and published resolution, the casting of votes for shall start at seven o'clock in the morning and shall end at three o'clock in the afternoon, except when there are voters present within thirty meters in front of the polling place who have not yet cast their votes, in which case the voting shall continue but only to allow said voters to cast their votes without interruption. The poll clerk shall, without delay, prepare a complete list in duplicate containing the names of said voters consecutively numbered. The voters so listed shall be called to vote by announcing each name repeatedly three times in the order in which they are listed. Any voter in the list who is not present when his or her name is called out shall not be permitted to vote.

SEC. 186. Preliminaries to the voting. - Prior to the voting, the electoral board

shall: (a) Meet at the polling place not later than five o'clock in the morning of election day, unless a different time is prescribed by the Commission. They shall ensure that the ballot box and the vote counting device or machine that shall be used for the automated count are inside the polling place; (b) Set-up the polling place in accordance with the guidelines prescribed by the Commission; (c) Post one copy of the prescribed voters list of each precinct in the cluster near or at the door of the polling place, preferably the pages/sheets are spread out to give free access to voters who are checking their names in the list; (d) Show to the watchers and everyone else present that: (i) The box of the vote counting device or machine is sealed; (ii) The ballot box is empty; and (iii) Package of official ballots is duly sealed, and thereafter, break the seal.

(e) Segregate the ballots intended for voters assigned to special polling places and turn these over to the proper personnel for delivery to such special polling places, strictly following the procedure that shall be prescribed by the Commission for this purpose; (f) Remove the seal of the box containing the voting counting device or machine and check whether all of the components necessary to operate such device or machine, as enumerated in the resolution promulgated by the Commission for this purpose, are inside the box; (g) Enter in the minutes the fact that the package of ballots, ballot box, and box containing the vote counting device or machine were shown to the public with their wrapping and corresponding seals intact and/or if they find that the wrapping and seals are broken, such fact must be stated in the minutes as well as the serial numbers of ballots that they find in the package; and (h) Perform such other tasks as the Commission may prescribe.

SEC. 187. Persons Allowed Inside the Polling Place. - Only the following

persons shall be allowed inside the polling place: (a) Members of the Electoral Board and support staff, if any; (b) Watchers who shall stay only in the space reserved for them; (c) Representatives of the Commission; (d) Voters casting their votes and their assistors, if any; (e) Voters waiting for their turn to cast their vote; (f) Support staff delivering ballots to or from special polling places; (g) Technical support staff duly authorized by the Commission and assigned in the voting center concerned; (h) Jail/Prison escorts escorting voters who are deprived of liberty; and (i) Other persons who may be specifically authorized by the Commission.

SEC. 188. Persons Not Allowed to Enter the Polling Place. - Unless specifically

authorized by the Commission, it is unlawful for the following persons to enter the polling place, or to stay within a radius of fifty (50) meters from the polling place, except to vote: (a) Any officer of member of the Armed Forces of the Philippines or the Philippine National Police; (b) Any peace officer or any armed person belonging to any extra-legal police agency, special forces, reaction forces, strike forces, Civilian Armed Geographical Units, barangay tanods or other similar forces or para-military forces, including security guards; (c) All other kinds of armed or unarmed extra-legal police forces; or (d) Any barangay or Sangguniang Kabataan official, whether elected or appointed. However, the electoral board may, by a majority vote if it deems necessary, order in writing the detail of police officers or peace officers for its protection or for the protection of the election documents and paraphernalia. In which case, the said police officers or peace officers shall stay outside the polling place within a radius of thirty (30) meters, near enough to be easily called by the electoral board at any time,

1 but never at the door, and in no case shall the said police officers or peace officers 2 hold any conversation with any voter or disturb or prevent or in any manner obstruct the free access of the voters to the polling place. Such order shall be recorded in the minutes.

SEC. 189. Order of voting. - The voters shall vote in the order of their entrance

7 into the polling place. The voters shall have the right to freely enter the polling place as soon as they arrive unless there are voters waiting inside, in which case they shall fall in line in the order of their arrival and shall not crowd around the table of the electoral board. The voters, after having cast their votes, shall immediately depart.

SEC. 190. Manner of obtaining ballots. - The voter shall proceed to the

assigned precinct/clustered precinct and approach any member of the electoral board or its support staff and shall state his or her name, precinct number, and sequence number. The poll clerk shall verify if the name of the voter from the certified voters list to establish that the voter is assigned in that polling place. If the voter's name is not in the certified voters list, the voter shall not be allowed to vote and shall be requested to leave the polling place. If the voter's name is in the certified voters list, the poll clerk shall, in accordance with the procedure that shall be prescribed by the Commission, verify if the voter has already cast his or her vote. If verification reveals that the voter has already cast his or her vote, the voter shall be informed of such fact and shall be asked to leave the polling place. This fact, along with the name and precinct of the voter, shall be recorded in the minutes. If the verification reveals that the voter has not yet voted, the poll clerk shall then establish the identity of the voter through his or her photograph or specimen signature in the certified voters list. In case the identity of the voter cannot be established with certainty using the information in certified voters list, the electoral board may establish such voter's identity through any of the means mentioned in

Section 43 of this Code. If the voter's identity cannot be established through any of

the means provided in this Code or prescribed by the Commission, the voter shall be directed to leave the polling place after informing him or her the reason therefor. After the voter's identity is established, the name of the voter shall be distinctly announced in a tone loud enough to be heard throughout the polling place. If the voter is not challenged or having been challenged, the question has been decided in his or her favor, the electoral board shall require the voter to sign the certified voters list. In case the voter cannot sign, the voter shall be asked to affix his or her thumbmarks in said list. Thereafter, the voter shall be directed to the Chairperson who shall: (a) Authenticate the ballot by affixing his/her signature at the designated space of the front of the ballot;

Failure to authenticate the ballot shall not invalidate the ballot but shall constitute an election offense. (b) Show to the voter that the ballot being given is not torn or smudged, and has not yet been filled-out; (c) Place such ballot inside the ballot secrecy folder or some other covering material as may be prescribed by the Commission and hand it over to the voter, along with the marking pen; (d) Instruct the voter how to fill-out the ballot properly and then direct him or her to the designated voting area. Only the Chairperson shall issue the official ballots and only one ballot at a time shall be issued.

SEC. 191. Manner of voting. - The voter, upon receiving his or her ballot, shall

forthwith proceed to the designated voting area and occupy one of the empty voting booths to ensure that the voter may fill out the ballots in secrecy. The voter shall place a single vertical mark on the square or rectangle opposite the name of the candidate or proposition to register a vote for such candidate or proposition, as the case may be. After accomplishing the ballot, the voter shall feed the ballot in the vote counting machine or device without touching such machine or device. The voter shall return the secrecy folder and the marking pen to the third member. Once the voter has completed all the necessary tasks to complete the voting process, including the application of measures to prevent him or her from double voting in the same elections, he or she shall promptly leave the polling place. The Commission shall prescribe the necessary rules and regulations to ensure that the secrecy of the ballots and the voter-verified audit trail shall be preserved during the conduct of the voting and that no spurious ballots may be placed into the ballot box.

SEC. 192. Prohibited acts by voters. The voter shall be prohibited from

performing any of the following actions: (a) Entering any voting booth or any other voting structure or device prescribed by the Commission that is occupied by another; (b) Entering such booth, structure, or device while accompanied by somebody or filling out the ballot accompanied by another, except in the instances allowed by the Code; (c) Staying in the voting booth, structure, or device, or in the polling place for a longer period of time than reasonably necessary; (d) Speaking with other voters or the watchers while inside the polling place even after being warned to refrain from doing so by any of the members of the electoral board; (e) Causing any undue disturbance to other voters, watchers, the electoral board, or to any other person inside the polling place or within its immediate vicinity;

(f) Except when otherwise inapplicable, preparing the ballot outside the voting booth or voting structure or device prescribed by the Commission; (g) Except when otherwise inapplicable, preparing the ballot without using the ballot secrecy folder or any other covering material or device provided by the Commission; (h) Exhibiting the contents of the ballots to any person except to his or her assistor in instances allowed in this Code or by the Commission; (i) Allowing or causing any other person to fill-out the ballots, except in the instances allowed in this Code or by the Commission; (i) Preparing the ballot of any other person, except in the instances allowed in this Code; (k) Erasing any printing from the ballot or to intentionally tearing or defacing the same; ( Putting any distinguishing mark on the ballot; (m) Using of capturing devices such as but not limited to digital cameras, cellular phones with camera, or other means to copy the contents of any ballot; (n) Availing of any means or scheme to discover the contents of the ballot of another voter except when lawfully assisting such other voter; (o) Publishing, sharing, or otherwise circulating, in any manner, including posting on social media platforms, any photograph, video, or image of any filled in official ballot; (p) Making use of any other means to identify the vote of the voter; (q) Taking pictures, images, photos, videos, or audio recordings of any voter while the latter is shading the ballot or feeding the same in the vote counting machine; (r) Performing any other act that is be prohibited under the rules and regulations promulgated by the Commission pursuant to its duty of ensuring the secrecy of the ballots and maintaining the peace and order within the polling places and voting centers.

SEC. 193. Preparation of ballots for illiterate, senior citizens and persons with

disability. - No voter shall be allowed to vote as an illiterate, a person with disability, or senior citizen unless such fact is indicated on the certified voters list, or although not indicated as person with disability or senior citizen in the certified voters list, the fact of disability or being a senior citizen is readily apparent. If so, such voter may be assisted in the preparation of the ballot, by the following persons and in the following order: (a) Relative within the fourth (4th) civil degree of consanguinity or affinity; (b) Person of his or her confidence who belongs to the same household as that of the voter. For this purpose, the person who usually assists the person with disability or senior citizen, such as the personal assistant, caregiver, or a nurse, shall be considered as a member of the voter's household; (c) Any member of the electoral board. All persons assisting must be of voting age. No person, except members of the electoral board, may assist an illiterate, person with disability, or senior citizen more than three (3) times.

In all cases, the poll clerk shall first verify from the illiterates, persons with 2 disability, or senior citizens whether said voters have authorized the person in question to help them cast their vote. If the voter denies the authority of the assistor, any member of the electoral board may assist such illiterates, persons with disability, or 5 senior citizens. The same shall be recorded in the Minutes. The person assisting the illiterates, persons with disability, or senior citizens shall: (1) Prepare in their presence, the ballot using the ballot secrecy folder or other covering device or material prescribed by the Commission; and (2) Bind themselves in writing and under oath to fill out the ballot strictly in accordance with the instructions of the voter and not to reveal its contents, by indicating the appropriate data and affixing their signatures, thumbmark, or any available fingerprint if without a thumb, in the corresponding space in the minutes. The person assisting shall not disclose to any other person votes of the person or persons whom he assisted.

SEC. 194. Replacement ballots. - No replacement ballot shall be issued to a

voter whose ballot is rejected by the vote counting machine or device, except if such rejection of the ballot is not due to the fault of the voter.

SEC. 195. Challenge against illegal voters. - Any voter or watcher may

challenge any person offering to vote on the following grounds: (1) Such person is not registered to vote in the precinct he is trying to vote in; (2) Said person is using the name of another; or (3) He or she is suffering from existing disqualification. In such case, the electoral board shall determine the truthfulness of the ground for the challenge by requiring proof of registration, identity, or qualification.

SEC. 196. Challenge based on certain illegal acts. - Any voter or watcher may

challenge any voter offering to vote on the ground that the challenged person has received or expects to receive, has paid, offered or promised to pay, has contributed, offered or promised to contribute money or anything of value as consideration for his vote or for the vote of another; that he has made or received a promise to influence the giving or withholding of any such vote or that he has made a bet or is interested directly or indirectly in a bet which depends upon the result of the election. The challenged person shall take a prescribed oath before the electoral board that he has not committed any of the acts alleged in the challenge. Upon the taking of such oath, the challenge shall be dismissed and the challenged voter shall be allowed to vote, but in case of his refusal to take such oath, the challenge shall be sustained and he shall not be allowed to vote.

The admission of the challenged voter under this Section and the preceding Section shall not be conclusive upon any court as to the legality of the registration of the voter challenged or his vote in a criminal action against such person for illegal registration or voting.

SEC. 197. Record of Challenges and Oaths. - The electoral board shall record

in the Minutes all challenges and oaths taken, and its decision in each case.

SEC. 198. Disposition of unused ballots. - After voting, the Chairperson, in the

presence of the other members of the electoral board, shal: (a) Record in the minutes the quantity of unused ballots; (b) Tear the unused ballots in half lengthwise; and (c) Place the two halves of the unused ballots in separate envelopes. One of the envelopes shall be deposited in the ballot box while the other shall be submitted to the election officer.

SEC. 199. Prohibition of announcement of voting. - No member of the board

of the electoral board shall, before the termination of the voting, make any announcement as to whether a certain registered voter has already voted or not, as to how many have already voted or how many so far have failed to vote, or any other fact tending to show or showing the state of the polls, nor shall he make any statement at any time, except as witness before a court, as to how any person voted. Article 18 Local Absentee Voting and Voting by Persons Deprived of Liberty

SEC 200. Declaration of Policy. - The State shall ensure that senior citizens,

PWDs, pregnant women, indigenous peoples (IPS), internally displaced persons (IDPs), persons deprived of liberty (PDLS), and in special circumstances, health workers, quarantined and hospitalized persons, and repatriated overseas voters, migrant workers, and Overseas Filipino Workers (OFWs) in distress, are able to exercise their right to political participation without restrictions. The State shall devise systems and procedures that will enhance accessibility in their voting process.

SEC. 201. Who may avail of Local Absentee Voting. - Local absentee voting

may be availed of by the following: (a) Government officials and employees; (b) Members of the PNP; (c) Members of the AFP; (d) Members of the media, media practitioners including their technical and support staff who are actively engaged in the pursuit of information gathering and reporting or distribution, in any manner or form, including, but not limited to the following: (1) Print Journalists (2) Television Journalists

(3) Photo Journalists (4) Online Journalists (5) Radio Journalists (6) Documentary makers (7) Television/Radio Production (8) Bloggers (9) Freelance Journalist (e) Senior citizens; (f) Persons with disabilities; (g) Pregnant women; (h) Indigenous peoples; (i) Internally displaced persons; (i) Persons deprived of liberty; and (k) Repatriated overseas voter. Provided, That a) they are duly registered voters and whose registration records are not deactivated, and b) on election day, in case of government officials, members of the Philippine National Police and Armed Forced of the Philippines, that they are assigned temporarily to perform election duties in places where they are not registered voters; in case of media voters, that they will not be able to vote due to the performance of their functions in covering and reporting on the conduct of elections; in case of senior citizens, PWDs, pregnant women, indigenous peoples, and IDPs, they are temporarily residing in a city or municipality other than where they registered as voters; or in case of PDLs, they are detained or imprisoned in a facility located in a city or municipality other than where they are registered as voters. Government officials and employees who will be posted abroad to perform election duties on election day may also avail of local absentee voting: Provided, That they are registered voters and that they are not registered overseas voters.

SEC. 202. Other Persons Who May Avail of Local Absentee Voting During

Special Circumstances.- Health workers and quarantined or hospitalized persons may avail of local absentee voting only in the event of a public health emergency: Provided, That a) they are duly registered voters and whose registration records are not deactivated and b) in case of health workers, they are designated to be on duty during the day of the election in a city or municipality other than where they are registered as voters; or in case of quarantined or hospitalized persons, on election day, they are quarantined or hospitalized in a city or municipality other than where they are registered as voters. Repatriated overseas voters may avail of local absentee voting only if their repatriation was due to special circumstances such as armed conflict, issues in international relations, state of emergency or calamity, or any other analogous circumstances beyond their control or fault: Provided, That a) they are duly registered voters and whose registration records are not deactivated and b) the period for transfer of registration records from the Post to the office of the election officer of the place of their residence has already lapsed.

SEC. 203. Positions to be voted for. - Voters availing of Local Absentee Voting

2 and voters who are deprived of liberty may vote for national positions only.

SEC. 204. Provision of Accessible Polling Places. - During the conduct of Local

Absentee Voting, the Commission shall designate accessible polling places, as defined under Section 5 of this Code, for senior citizens, PWDs, and pregnant women.

SEC. 205. Voting period for Local Absentee Voters. - Those who have been

approved to avail of local absentee voting shall have at least two (2) days within seven 10 (7) calendar days before election day to submit their ballots to the officers designated to collect such ballots.

SEC. 206. Provision for Transportation/Shuttle Services. - The Commission

shall provide a system of transportation/shuttle services for the senior citizens, PWDs, pregnant women, IPs, and IDPs during the period of local absentee voting under this act and during election day to ensure that these sectors have means of transportation to and from the polling places.

SEC. 207. Voting by Persons Deprived of Liberty ("PDL Voting"). - PDLs who

are held, detained or imprisoned in facilities located in the same city or municipality where they are registered as voters may participate in PDL voting. The Commission shall set up emergency accessible polling places in jail and prison facilities for this purpose. The Commission shall provide for the rules and procedures for the conduct of PDL voting during election day.

SEC. 208. Manner of obtaining and preparing the ballots. —

(A) Voters availing of Local Absentee Voting shall obtain their ballots and cast their votes in the manner that shall be set forth by the Commission. The Commission is hereby authorized to utilize a manual system of voting and counting of votes for local absentee voters. (B) Voters participating in PDL Voting shall obtain and prepare their ballots in the same manner as that provided in the preceding Article. They shall likewise be entitled to the same assistance in preparing such ballots as those provided therein, whenever applicable. In the preparation of ballots, the voters mentioned in this Article shall be subject to the same prohibitions found in Section 192, whenever applicable.

SEC. 209. Establishment of a Vulnerable Sectors Office (VSO) Under the

Commission. - The Commission is hereby authorized to establish a VSO tasked specifically to oversee and supervise the effective implementation of this Article: Provided, That its Secretariat shall come from the existing Secretariat personnel of the Commission.

SEC. 210. Implementing rules and regulations. - The Commission shall

promulgate the rules and regulations necessary to implement the provisions of this

1 Article, consistent with the policy of ensuring the integrity of the ballots and the 2 secrecy of the votes cast by the voters availing any of such modes of voting. Article 19 Postponement of Voting and Failure of Elections

SEC. 211. Postponement of Voting. - When for any serious cause such as

violence, terrorism, loss or destruction of election paraphernalia or records, force majeure, and other analogous causes of such a nature that the holding of a free, orderly and honest election should become impossible in any political subdivision, the Commission, motu proprio or upon a verified petition by any interested party, and after due notice and hearing, whereby all interested parties are afforded equal opportunity to be heard, shall postpone the voting therein to a date which should be reasonably close to the election day not held but not later than thirty days after the cessation of the cause for such postponement.

SEC. 212. Failure of election. - If, on account of force majeure, violence,

terrorism, fraud, or other analogous causes the election in any polling place has not been held on the date fixed, or had been suspended before the hour fixed by law for the closing of the voting, or after the voting and during the preparation and the transmission of the election returns or in the custody or canvass thereof, such election results in a failure to elect, and in any of such cases the failure or suspension of election would affect the result of the election, the Commission shall, motu proprio, or upon a verified petition by any interested party and after due notice and hearing, call for the holding or continuation of the election not held, suspended or which resulted in a failure to elect on a date reasonably close to the date of the election not held, suspended or which resulted in a failure to elect but not later than thirty days after the cessation of the cause of such failure of elections.

SEC. 213. Limit of the authority of the Commission. - Nothing in this Section

shall be understood as an authority for the Commission to fix the regular election for the President, Vice-President, Senators, and Members of the House of Representatives on any date other than the second Monday of May. CHAPTER V IN-COUNTRY COUNTING AND CANVASSING OF VOTES Article 20 Counting of Votes

SEC. 214. Counting Procedure. - The Commission shall prescribe the manner

and procedure of counting the votes under the automated system and the manual counting system: Provided, That a separate election return shall be prepared showing the results of the manual counting of the ballots, which shall also be canvassed alongside the electronically transmitted and digitally signed election returns under the automated system: Provided further, That if there is a discrepancy of at least two percent (2%) of the total number of the votes cast between the results of the automated system and the manual counting system for any position, an automatic

recount shall be undertaken for that position only: Provided further, That the 2 Commission shall deploy sufficient number of technical personnel to assist the electoral board in such recount. A comparison shall be made between the digitally captured image of the ballot and the physical ballot itself before the recount to 5 determine the root cause of the discrepancy and to ascertain the will of the voters. The result of the recount shall be reflected in the manually prepared election return which shall be considered, along with the unaffected electronically transmitted and digitally signed election returns, in determining the winning candidate for the subject position: Provided finally, That apart from the electronically stored result, twelve (12) copies of the election returns are printed and twelve (12) copies of the election return for the manual counting system shall be accomplished.

SEC. 215. Counting to be public and without interruption. - As soon as the

voting is finished, the electoral board 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. However, it may do so only 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 electoral board shall not adjourn or postpone or delay the count until it has been fully completed, unless otherwise ordered by the Commission. The Commission, in the interest of free, orderly, and honest election, may authorize the electoral board to count the votes and to accomplish the election return and other forms prescribed under the code in any other place within a public building in the same municipality or city on account of imminent danger of widespread violence or similar causes of comparable magnitude: Provided, That the transfer shall been recommended in writing by the board of election inspectors by unanimous vote and endorsed in writing by the majority of watchers present: Provided further, that the said public building shall not located within the perimeter of or inside a military or police camp, reservation, headquarters, detachment or field office nor within the premises of a prison or detention bureau or any law enforcement or investigation agency. Any violation of this Section, or its pertinent portion, shall constitute an election offense.

SEC. 216. Livestreaming or video recording of the counting. - The Commission

shall accredit groups who wish to livestream or record a video of the manual counting of votes at the precinct level. The recorded video or livestream may be used as evidence in electoral protests. No photo, recorded video, or livestream, whether official or unofficial, taken during election day of any member of the electoral board and any other personnel of the Commission performing election duties during election day shall be used to defame

or publicly shame said member of the electoral board or personnel of the Commission in social media or in any other platform, digital or otherwise. Any violation of this paragraph shall constitute as an election offense under this Code.

SEC. 217. Election Returns. - There shall be two (2) sets of election returns.

One shall be generated under the automated system which shall bear appropriate control marks to determine the time and place of printing. The other shall be under the manual counting system. The Commission shall design the features of such election returns. Each copy of both sets of election returns shall be signed by all the members of the electoral board and the watchers present. They shall likewise affix their thumbmarks thereto. If any member of the electoral board present refuses to sign, the chairperson of the board shall note the same in each copy of the printed and manually accomplished election returns. The member of the electoral board refusing to sign shall be compelled to explain his or her refusal to do so. Failure to provide a justifiable reason for refusing to sign each copy of the printed and manually accomplished election return by any member of the electoral board shall be punishable under this Code. The chairperson of the board shall then publicly read and announce the total number of registered voters, the total number of voters who actually voted, the total number of votes obtained by each candidate based on the election returns, whether there is a discrepancy between the results of the automated system and manual counting system, and the details of the said discrepancy, including the result of the recount, if any. Thereafter, the copies of the election returns shall be sealed and placed in the proper envelopes for distribution as follows: (a) In the election of president, vice-president, senators and party-list system: (1) The first copy shall be delivered to the city or municipal board of canvassers; (2) The second copy, to the Congress, directed to the President of the Senate; (3) The third copy, to the Commission; (4) The fourth copy, to the citizens' arm authorized by the Commission to conduct an unofficial count; (5) The fifth copy, to the dominant majority party as determined by the Commission in accordance with this Code; (6) The sixth copy, to the dominant minority party as determined by the Commission in accordance with this Code; (7) The seventh copy shall be deposited inside the compartment of the ballot box for valid ballots; (8) The eighth copy to the Provincial Board of Canvassers; and (9) The ninth to the twelfth copies, to national broadcast or print media entities as may be equitably determined by the Commission in view of propagating copies to the widest extent possible.

(b) In the election of local officials and members of the House of Representatives: (1) The first copy shall be delivered to the city or municipal board of canvassers, (2) The second copy, to the Commission; (3) The third copy, to the provincial board of canvassers; (4) The fourth copy, to the citizens' arm authorized by the Commission to conduct an unofficial count; (5) The fifth copy, to the dominant majority party as determined by the Commission in accordance with this Code; (6) The sixth copy, to the dominant minority party as determined by the Commission in accordance with this Code; (7) The seventh copy shall be deposited inside the compartment of the ballot box for valid ballots; (8) The eighth copy to be posted conspicuously on a wall within the premises of the polling place or counting center; and (9) The ninth to the twelfth copies, to national broadcast or print media entities as may be equitably determined by the Commission in view of propagating copies to the widest extent possible. Immediately after all the copies are printed and completed, the poll clerk shall announce that the relevant copies for posting are being posted on a wall within the premises of the polling place or counting center, which must be sufficiently lighted and accessible to the public. Any person may view or capture an image of the election returns by means of any data capturing device such as, but not limited to, cameras at any time of the day for forty-eight (48) hours following its posting. After such period, the chairperson of the electoral board shall detach the election returns from the wall and keep the same in his custody to be produced as may be requested by any voter for image or data capturing or for any lawful purpose as may be ordered by competent authority. Within one (1) hour after the printing and completion of the election returns, the chairperson of the electoral board or any official authorized by the Commission shall, in the presence of watchers and representatives of the accredited citizen's arm, political parties/candidates, if any, electronically transmit the precinct results under the automated system to the respective levels of board of canvassers, to the dominant majority and minority party, to the accredited citizen's arm, and to the Kapisanan ng mga Broadcasters ng Pilipinas (KBP). The election returns under the manual counting system shall be transmitted to the municipal or city board of canvassers. The election results at the city/municipality canvassing centers under the automated system shall be electronically transmitted while the election returns under the manual counting system shall be transmitted through the fastest means available by the election officer or any official authorized by the Commission to the district or provincial canvassing centers. The election returns transmitted electronically and digitally signed shall be considered as official election results and shall be used as the basis for the canvassing

1 of votes and proclamation of a candidate: Provided, That in case of recount, as 2 provided under Section 214, the manually accomplished election return subject of the recount shall be considered, along with the unaffected electronically transmitted and digitally signed election returns.

SEC. 218. Board of election inspectors to issue a certificate of the number of

votes polled by the candidates for an office to the watchers. - After the announcement of the results of the election and before leaving the polling place, it shall be the duty of the electoral board to issue a certificate of the number of the votes received by a candidate upon request of the watchers. All the members of the board of election inspectors shall sign the certificate.

SEC. 219. Alterations and corrections in the election returns. - Any correction

or alteration made in the manually accomplished election returns by the electoral board before the announcement of the results of the election in the polling place shall be duly initialed by all the members thereof. No correction or alteration shall be made in the printed election returns. After the announcement of the results of the election in the polling place has been made, the electoral board shall not make any alteration or amendment in any of the copies of the election returns unless so allowed under Section 242 of this Code or so ordered by the Commission upon petition of the members of the electoral board within five days from the date of the election or twenty-four hours from the time a copy of the election returns concerned is opened by the board of canvassers, whichever is earlier. The petition shall be accompanied by proof of service upon all candidates affected. If the petition is by all members of the electoral board and the results of the election would not be affected by said correction and none of the candidates affected objects thereto, the Commission, upon being satisfied of the veracity of the petition and of the error alleged therein, shall order the electoral board to make the proper correction on the manually accomplished election returns. However, if a candidate affected by said petition objects thereto, whether the petition is filed by all or only a majority of the members of the electoral board and the results of the election would be affected by the correction sought to be made, the Commission shall proceed summarily to hear the petition. In deciding the petition, the Commission shall take into account the certificates of votes, the first manual count, the manual recount, if any, and the automated count.

SEC. 220. Delivery of ballot boxes, keys, supplies, documents and other

election paraphernalia. - The Commission shall promulgate the necessary procedure on the packing, delivery, custody, and preservation of the ballots, ballot boxes, keys, supplies, documents, and other election paraphernalia after the results of the election in the polling place have been announced, ensuring that the integrity and sanctity of the ballots are safeguarded and its chain custody is clearly documented: Provided, That the ballots and ballot boxes shall be placed under the custody of the municipal or city treasurer: Provided further, That the voting records of each polling place including the certified voters list and the minutes of the proceedings of the electoral

board shall be placed in the custody of the election officer who shall keep them in a safe place, until such time that the Commission shall give instructions on their disposal.

SEC. 221. Documents and articles omitted or erroneously placed inside the

ballot box. - If after the delivery of the keys of the ballot box to the proper authorities, 6 the electoral board shall discover that some documents or articles required to be placed in the ballot box were not placed therein, the electoral board, 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 any document or article.

SEC. 222. Minutes of voting and counting of votes. - The Commission shall

prescribe a form that the electoral board shall prepare and sign in such number of copies as the Commission may require, setting forth the following matters: (a) The time the voting commenced and ended; (b) The serial numbers and ballot identification numbers of the official ballots (c) The serial numbers of the election returns, special envelopes and seals received; (d) The number of official ballots used and the number left unused; (e) The number of voters who cast their votes; (f) All challenges, oaths taken in relation thereto, and its decision in each case; (g) The names of the watchers present; (h) The time the counting of votes commenced and ended; (i) The number of official ballots found inside each compartment of the ballot box; i) The number of excess ballots; (k) The time of electronic transmission of the results, whenever applicable; (I) The time the election returns were signed and sealed in their respective special envelopes; (m) The number and nature of protests made by watchers; (n) All other matters required under this Code to be recorded by the electoral board; and (0) Such other matters as may be required by the Commission. Copies of this statement, after being duly accomplished, shall be sealed in separate envelopes and shall be distributed in accordance with the rules prescribed by the Commission: Provided, That the election officer shall be given a copy thereof: Provided further, That one copy shall be deposited inside the ballot box. Article 21 Canvassing of Votes

SEC. 223. Board of canvassers. - Composition of the Board of Canvassers. -

There shall be a Board of Canvassers to be appointed by the Commission in each municipality, city, district, province, and in the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM).

(a) Municipal Board of Canvassers. - The Municipal Board of Canvassers shall be composed of the Municipal Election Officer or a representative of the Commission holding a permanent appointment, as Chairperson; the Municipal Treasurer, as Vice-Chairperson; and the District School Supervisor, or in the absence of the latter, the most senior in rank Principal of the school district, duly designated as such by the District Supervisor as Member-Secretary. (b) City Board of Canvassers- The City Board of Canvassers shall be composed of the City Election Officer or a lawyer of the Commission holding permanent appointment, as Chairperson; the City Prosecutor, as Vice-Chairperson; and the Schools Division Superintendent, as Member-Secretary. In cities within the National Capital Region and other highly urbanized cities with more than one (1) City Election Officer, the Regional Election Director (RED) shall designate the City Election Officer who shall act as Chairperson. In cities outside the National Capital Region and with more than one City Election Officer, the Provincial Election Supervisor shall designate the City Election Officer who shall act as Chairperson. (c) District Board of Canvassers for the Legislative District of Taguig-Pateros. - The District Board of Canvassers for the legislative district of Taguig-Pateros shall be composed of the City Election Officer or a lawyer of the Commission holding permanent appointment, as Chairperson; the City Prosecutor, as Vice- Chairperson; and the Schools Division Superintendent, as Member-Secretary. (d) Provincial Board of Canvassers. - The Provincial Board of Canvassers shall be composed of the Provincial Election Supervisor or a lawyer of the Commission holding permanent appointment, as Chairperson; the Provincial Prosecutor, as Vice-Chairperson; and the Schools Division Superintendent, as Member- Secretary. (e) Regional Board of Canvassers for the Autonomous Regions. - The Regional Board of Canvassers shall be composed of the Assistant Regional Election Director or a lawyer of the Commission holding permanent appointment, as Chairperson; the Regional State Prosecutor or, if not available, the highest- ranking official of the Department of Justice in the region as Vice-Chairperson; and the highest-ranking official of the Department of Education as Member- Secretary.

SEC. 224. Information Technology Support for the Board of Canvassers and

Support Staff. - Each Board of Canvassers shall be assisted by an information technology-capable person authorized to operate the equipment adopted for the elections. The Commission shall deputize information technology personnel from among the agencies and instrumentalities of the government including government- owned and controlled corporations. In addition, the Commission shall appoint such support personnel as may be necessary to assist the board of canvassers in the performance of its duties. The information technology support personnel and other support personal of the Board of Canvassers shall be subject to the same qualifications and disqualifications as the members of the Board of Canvassers. The per diem of the deputized information technology personnel shall be the same as that of the members of the board of canvassers while that of the other support personnel shall be determined by the

1 Commission and shall be in such amount as may be reasonable under the circumstances.

SEC. 225. Reception and Custody Group. - Each Board of Canvassers shall

constitute a Reception and Custody Group for the reception and safekeeping of the vote counting device or machine and its related equipment or devices, the canvassing machine or device and other documents intended for the Board of Canvassers. There shall be one (1) Reception and Custody Group for every Board of Canvassers. The Reception and Custody Group shall be composed of three (3) members who are government appointive officials holding permanent appointments. They shall be designated by the concerned Chairperson of the BOC. The Commission shall determine the honorarium of the members of the Reception and Custody Group: Provided, That such amount is just and reasonable under the circumstances. The Reception and Custody Group members shall not be related within the fourth civil degree of consanguinity or affinity to each other or to the Chairperson or any member of the Board of Canvassers, the Information Technology Support Personnel, members of the support staff of the Board of Canvassers, or to any candidate or party-list group nominee whose votes will be canvassed by the Board of Canvassers or to such candidate's or nominee's spouse. In no case shall local government employees be appointed or designated as members of the Reception and Custody Group. In cities with more than one (1) legislative district, one (1) Reception and Custody Group for every legislative district may be constituted.

SEC. 226. Prohibited Degree of Relationship. - The Chairperson and Members

of the Board of Canvassers shall not be related within the fourth (4th) civil degree of consanguinity or affinity to each other, the information technology support personnel, the members of the Reception and Custody Group, other support personnel, or to any candidate or nominee of a party-list group whose votes will be canvassed by said Board of Canvassers or such candidate's or nominee's spouse.

SEC. 227. Prohibition against leaving official station. - Beginning on their

appointment as member or substitute member of the board of canvassers until the official proclamation of the winning candidates or the end of the election period, whichever comes earlier, no member or substitute member of the different boards of canvassers shall be transferred, assigned or detailed outside of his or her official station, nor shall he leave said station without prior authority of the Commission.

SEC. 228. Feigned illness. - Any member of the board of canvassers feigning

illness in order to be substituted on election day or on any day thereafter until the proclamation of the winning candidates shall be guilty of an election offense.

SEC. 229. Vote required. - A majority vote of all the members of the board of

canvassers shall be necessary to render a decision.

SEC. 230. Incapacity and Substitution of a member of the Board of Canvassers.

- In case of sickness or serious injury of a regular Member of the Board of Canvassers, a medical certificate duly issued by any government hospital, shall be required attesting to the incapacity of said Member. Said medical certificate shall be recorded in and form part of the Minutes of the Board of Canvassers. In case of non-availability, absence, disqualification due to relationship, or incapacity for any cause of the Chairperson or Members of the Board of Canvassers, the following shall appoint the substitute: (1) The Provincial Election Supervisor, for the City Board of Canvassers and Municipal Board of Canvassers in the province. (2) The Regional Election Director, for the Provincial Board of Canvassers in the region. (3) The Regional Election Director of National Capital Region, for the District Board of Canvassers, City Board of Canvassers, and Municipal Board of Canvassers in the region. In the interest of ensuring an orderly and credible elections, and under special circumstances, the Commission may designate other election officials, who hold a rank equal to, or higher than, those enumerated above, to appoint the substitute of the chairperson and members of the Board of Canvassers in a particular municipality, city, district, or province. In case of substitution of the Chairperson of the Provincial Board of Canvassers/City Board of Canvassers, an official or lawyer with permanent appointment of the Commission shall be appointed. In case of Municipal Board of Canvassers, a representative of the Commission holding permanent appointment shall be appointed. With respect to the other members of the Board of Canvassers, the following shall be appointed as substitute in the following order of preference: In the case of the Provincial Board of Canvassers: (1) The Provincial Auditor; (2) The Register of Deeds; (3) The Clerk of Court nominated by the Executive Judge of the Regional Trial Court; and (4) Any other available appointive provincial official. In the case of the City Board of Canvassers, the officials in the city corresponding to those enumerated above. In the absence or disqualification of the Vice-Chairperson of the Municipal Board of Canvassers: (1) The Municipal Administrator; (2) The Municipal Assessor; (3) The Clerk of Court of the Municipal Trial Court; or

(4) Any other available appointive municipal officials. As substitute of the two (2) members of the District Board of Canvassers of Taguig-Pateros, the next ranking prosecutor or schools' division superintendent in the district, as the case may be, shall be appointed. All appointments for substitution shall be in writing, stating therein the reason or reasons for the substitution. Within twenty-four (24) hours from the issuance of the appointment, the issuing authority shall furnish copies of the appointment to Commission and to the appointee.

SEC. 231. Supervision and control over board of canvassers. - The Commission

shall have direct control and supervision over the board of canvassers. Any member of the board of canvassers may, at any time, be relieved for cause and substituted motu proprio by the Commission.

SEC. 232. Notice of meeting of the board of canvassers. - At least five (5) days

before the meeting of the board of canvassers, the chairperson of the board shall give a written notice to all members thereof and to each candidate, political party or coalition of political parties fielding candidates, and parties, organizations, and coalitions under the party-list system of the date, time and place of the meeting. Notices of the canvassing shall be posted at the Office of the Election Officer, Office of the Provincial Election Supervisor, Office of the Regional Election Director, and in three (3) conspicuous places in the building where the canvass will be held. Similar notices shall also be given for subsequent meetings unless notice has been issued in open session of the BOC. Proof of service of the written notice to each member, candidate, political party and party-list groups shall be attached in the Minutes and form part of the records of the proceedings. If notice is given in open session such fact shall be recorded in the Minutes of the proceedings. Failure to give notice of the date, time, and place of the meeting of the Board is an election offense.

SEC. 233. Canvassing by Provincial, City, District, and Municipal Boards of

Canvassers. - The city or municipal board of canvassers shall canvass the votes for the president, vice-president, senators, members of the House of Representatives, elective regional officials, if applicable, elective provincial officials, and elective city or municipal officials, as the case may be, by consolidating the electronically transmitted results or the results contained in the data storage devices used in the printing of the election returns under the automated system and the election returns under the manual counting system. Upon completion of the canvass, it shall print and complete the certificate of canvass of votes for president, vice-president, senators, members of the House of Representatives, elective regional officials, if applicable, and elective provincial officials and thereafter, proclaim the elected city or municipal officials, as the case may be.

The city board of canvassers of cities comprising one or more legislative districts shall canvass the votes for president, vice-president, senators, members of the House of Representatives, elective regional officials, if applicable, and elective city officials by consolidating the certificates of canvass electronically transmitted or the results contained in the data storage devices used in the printing of the election returns under 6 the automated system and the certificate of canvass under the manual counting 7 system. Upon completion of the canvass, the board shall produce the certificate of canvass of votes for president, vice-president, senators, party-list representatives, elective regional officials, if applicable, and thereafter, proclaim the elected members of the House of Representatives for such district or districts and city officials. The legislative districts of Taguig-Pateros shall have a District Board of Canvassers which shall canvass the votes for president, vice-president, senators, and members of the House of Representatives by consolidating the results electronically transmitted from the city/municipal consolidating centers or the results contained in the data storage devices under the automated system and certificate of canvass under the manual counting system submitted by the board of canvassers of the Municipality of Pateros and the City of Taguig. Upon completion of the canvass, it shall produce the certificates of canvass for president, vice president, senators, and party-list representatives and thereafter, proclaim the elected members of the House of Representatives representing the Taguig-Pateros legislative districts. The provincial board of canvassers shall canvass the votes for president, vice- president, senators, members of the House of Representatives, elective provincial officials, and, if applicable, elective regional officials, by consolidating the results electronically transmitted from the city/municipal consolidating centers or the results contained in the data storage devices under the automated system and certificate of canvass under the manual counting system submitted by the board of canvassers of the municipalities and component cities. Upon completion of the canvass, it shall produce the certificates of canvass for president, vice president, senators, party-list representatives, and elective regional officials, if applicable, and thereafter, proclaim the elected members of the House of Representatives representing the legislative districts in the province and the provincial officials. Whenever applicable, the regional board of canvassers of autonomous regions shall canvass the votes for president, vice-president, senators, party-list representatives and the elective regional officials by consolidating the results electronically transmitted from the provincial canvassing centers and from the city rote provincial carias ing ce canvassing centers, in case of cities comprising one or more legislative districts, or the results contained in the data storage devices under the automated system and certificate of canvass under the manual counting system submitted by the board of canvassers of the provinces or cities comprising one or more legislative district. Upon completion of the canvass, it shall produce the certificates of canvass for president, vice president, senators, and party-list representatives, and thereafter, proclaim the elected regional officials. The municipal, city, district, provincial, and, whenever applicable, regional certificates of canvass of votes shall each be supported by a statement of votes.

Within one (1) hour after the canvassing, the chairperson of the district or 2 provincial board of canvassers or the city board of canvassers of those cities which 3 comprise one or more legislative districts or the regional board of canvassers shall electronically transmit the certificate of canvass under the automated system to the 5 Commission sitting as the national board of canvassers for senators and party-list representatives and to the Congress as the National Board of Canvassers for the 7 president and vice-president, directed to the President of the Senate. Thereafter, the Certificate of Canvass under the manual system shall also be transmitted, through the fastest means available, to the same national board of canvassers. The Commission shall adopt adequate and effective measures to preserve the integrity of the certificates of canvass transmitted electronically and the results in the storage devices at the various levels of the boards of canvassers. The certificates of canvass transmitted electronically and digitally signed shall be considered as official election results and shall be used as basis for the proclamation of a winning candidate: Provided, That in case of recount, as provided under Section 214, the Commission shall devise a system where the results reflected in said certificate of canvass will be adjusted based on the results of the recount without, however, changing the entries in such electronically transmitted and digitally signed certificate of canvass.

SEC. 234. Number of Copies of Certificates of Canvass of Votes and their

distribution. - (a) The certificates of canvass of votes under the automated system and under the manual counting system, respectively, for president, vice-president, senators, members of the House of Representatives, parties, organization or coalitions participating under the party-list system, elective regional officials, and elective provincial officials shall be produced by the city or municipal board of canvassers and distributed as follows: (1) The first copy shall be delivered to the provincial board of canvassers for use in the canvass of election results for president, vice-president, senators, members of the House of Representatives, parties, organization or coalitions participating under the party-list system and elective provincial officials; (2) The second copy shall be sent to the Commission; (3) The third copy shall be kept by the chairperson of the board; and (4) The fourth copy shall be given to the citizen arm designated by the Commission to conduct an unofficial count. It shall be the duty of the citizens' arm to furnish independent candidates' copies of the certificate of canvass at the expense of the requesting party. (5) The fifth copy to Congress, directed to the President of Senate; (6) The sixth copy to be posted on a wall within the premises of the canvassing center; (7) The seventh and eighth copies shall be given to the dominant majority and minority parties; and

(8) The ninth to twelfth copies, to national broadcast or print media entities as may be equitably determined by the Commission in view of propagating the copies to the widest extent possible. The board of canvassers shall furnish all other registered parties' copies of the certificates of canvass at the expense of the requesting party. (b) The certificates of canvass of votes for president, vice-president and senators, parties, organization or coalitions participating under the party-list system shall be produced by the city boards of canvassers of cities comprising one or more legislative districts, by provincial boards of canvassers, by district boards of canvassers in the Metro Manila area and other highly urbanized areas, and by the regional board of canvassers, whenever applicable, and shall be distributed as follows: (1) The first copy shall be sent to Congress, directed to the president of the Senate for use in the canvass of election results for president and vice- president; (2) The second copy shall be sent to the Commission for use in the canvass of the election results for senators; (3) The third copy shall be kept the chairperson of the board; and (4) The fourth copy shall be given to the citizens' arm designated by the Commission to conduct an unofficial count. It shall be the duty of the citizens' arm to furnish independent candidates copies of the certificate of canvass at the expense of the requesting party. (5) The fifth copy to Congress, directed to the President of the Senate; (6) The sixth copy to be posted on a wall within the premises of the canvassing center; (7) The seventh and eight copies to the dominant majority and minority parties; and (8) The ninth to twelfth copies to broadcast media entities as may be equitably determined by the Commission in view of propagating the copies to the widest extent possible. The board of canvassers shall furnish all other registered parties' copies of the certificate of canvass at the expense of the requesting party. (c) The certificates of canvass printed and completed by the regional, provincial, district, city or municipal boards of canvassers shall be signed and thumb marked by the chairman and members of the board and the principal watchers, if available. Thereafter, it shall be sealed and placed inside an envelope which shall likewise be properly sealed. In all instances, where the board of Canvassers has the duty to furnish registered political parties with copies of the certificate of canvass, the pertinent election returns shall be attached thereto, where appropriate.

Immediately after the sixth copy and its supporting statement of votes are 2 printed, the chairman of the board of canvassers shall announce the posting of said prints on a wall within the premises of the canvassing center, which must be sufficiently lighted and accessible to the public. Any person may view or capture an image of the Certificate of Canvass or the supporting statement of votes by means of any data capturing device such as, but not limited to, cameras at any time of the day for forty-eight (48) hours following the posting. After such period, the chairman of the board of canvassers shall detach the certificates of canvass from the wall and keep the same in his custody to be produced as may be requested by any voter for image or data capturing or for any lawful purpose as may be ordered by competent authority.

SEC. 235. National Board of Canvassers for Senators and Party-List

Representatives. - The chairperson and members of the Commission on Election sitting en banc, shall compose the national board of canvassers for senators and party-list representatives. It shall canvass the results by consolidating the certificates of canvass electronically transmitted under the automated system and the transmitted certificate of canvass under the manual counting system. Thereafter, the national board shall proclaim the winning candidates for senators and party-list representatives.

SEC. 236. Congress as the National Board of Canvassers for President and

Vice-President. - The Senate and the House of Representatives in joint public session shall compose the national board of canvassers for president and vice-president. The certificate of canvass for president and vice-president duly certified by the board of canvassers of each province or city, shall be electronically transmitted, in case of the automated system, and manually delivered, in the case of the manual counting system, to the Congress, directed to the president of the Senate. Upon receipt of the certificates of canvass, the President of the Senate shall, not later than thirty (30) days after the day of the election, open all the certificates in the presence of the Senate and the House of representatives in joint public session and the Congress upon determination of the authenticity and the due execution thereof in the manner provided by law, canvass all the results for president and vice-president and thereafter, proclaim the winning candidates.

SEC. 237. Determination of Authenticity and Due Execution of Certificates of

Canvass. - Congress or the Commission en banc, as the case may be, shall determine the authenticity and due execution of the certificates of canvass, as accomplished and transmitted to it by the local boards of canvassers, on a showing that: (1) each certificate of canvass was executed, signed and thumb marked by the chairman and member of the board of canvassers and transmitted or caused to be transmitted to Congress by them; (2) each certificate of canvass contains the names of all of the candidates for president and vice - president or senator and the party-list groups, as the case may be, and their corresponding votes in words and their corresponding votes in words and in figures; (3) there exists no discrepancy in other authentic copies of the document such as statement of votes of any of its supporting document such as statement of votes by city/municipality/by precinct or discrepancy in the votes of any candidate in words and figures in the certificate; and (4) there exist no discrepancy in the votes of any candidate in words and figures in the certificates of canvass against the aggregate number of votes appearing in the election returns of

1 precincts covered by the certificate of canvass: Provided, That certified print copies of election returns or certificates of canvass may be used for the purpose of verifying the existence of the discrepancy. When the certificate of canvass, duly certified by the board of canvassers of each province, city, district, or autonomous region, appears to be incomplete, the 7 Senate President or the Chairman of the Commission, as the case may be, shall require the board of canvassers concerned to transmit by personal delivery, the election returns from polling places that were not included in the certificate of canvass and supporting statements. Said election returns shall be submitted by personal delivery within two (2) days from receipt of notice. When it appears that any certificate of canvass or supporting statement of votes by city/municipality or by precinct bears erasures or alterations which may cast doubt as to the veracity of the number of votes stated herein and may affect the result of the election, upon request of the presidential, vice-presidential senatorial candidate, or his party, or the party-list group concerned, Congress or the Commission en banc, as the case may be, shall, for the sole purpose of verifying the actual number of votes cast for President and Vice-President, senator or the party-list system, count the votes as they appear in the copies of the election returns submitted to it. In case of any discrepancy, incompleteness, erasure or alteration as mentioned above, the procedure on pre-proclamation controversies shall be adopted and applied as provided in this Code. Any person who presents in evidence a simulated copy of an election return, certificate of canvass or statement of votes, or a printed copy of an election return, certificate of canvass or statement of votes bearing a simulated certification or a simulated image, shall be guilty of an election offense.

SEC. 238. Communication Channels for Electronic Transmission. - All electronic

transmission of the election returns, certificates of canvass and its supporting statements, and other related documents shall utilize secure transmission channels with the following minimum-security objectives: (a) Strong authentication- each entity in the communications channel must prove its identity to the other by demonstrating knowledge of a key associated with the entity without revealing the key itself during the protocol; (b) Manual entity authentication; (c) Data origin authentication; (d) Data integrity; (e) Non-reputation of origin; (f) Anti-replay- an election return or certificate of canvass once processed cannot be resent to be reprocessed at a later time. In case of re-transmission, the Board of Canvassers should authenticate themselves to the receiving computer, and authorize the non-processing of the previous transmission/s to receive the new transmission. Both election returns or certificates of canvass or any election result shall be kept in the system for record-keeping; and

(g) Auditability of transmission post-election- all records of transmission saved on all the servers shall be stored and copies furnished the Joint Congressional Oversight Committee on the Hybrid Election System and Department of Information and Technology in its original entirety. The Commission shall digitally sign said copies and certify under oath as to its authenticity and integrity. The Commission is hereby authorized to procure the necessary equipment, facilities, and services for putting up the electronic transmission system in order to effectively implement the provisions of this Code. The aggregator for the purpose of transmission should not be the same as the supplier of the machines used for the automated election system.

SEC. 239. Safekeeping of the physical copies of election returns or certificates

of canvass and the devices containing such documents. - After canvassing or consolidation of results by the board of canvassers, it shall place the election returns, certificates of canvass, and electronic storage devices containing such documents, which are designated to be kept by the board of canvassers concerned or by such board's chairperson in ballot boxes that shall be locked with three (3) padlocks and one serially-numbered self-locking seal. The Members of the Board of Canvassers shall each keep a key to the three (3) padlocks. The serial number of every seal used shall be entered in the Minutes. The said ballot boxes shall be kept in a safe and secured room before, during and after the canvass. The door to the room shall be locked with three (3) padlocks with the keys thereof kept by each Member of the Board of Canvassers. The watchers shall have the right to guard the room.

SEC. 240. Persons not allowed inside the canvassing venue. - During the

canvass, it shall be unlawful for the following persons to enter the canvassing venue where the transmission, consolidation and canvass are being held or to stay within a radius of fifty (50) meters from such canvassing venue: (1) Any officer or member of the Armed Forces of the Philippines; (2) Any officer or member of the Philippine National Police; (3) Any peace officer or any armed or unarmed persons belonging to an extra-legal police agency, special forces, strike forces, or Civilian Armed Force Geographical Units (CAFGU), or its equivalent; (4) Any barangay tanod or any member of barangay self-defense units; (5) Any member of the security or police organizations of government agencies, commissions, councils, bureaus, offices, instrumentalities, or government- owned or controlled corporations or their subsidiaries; or (6) Any member of a privately-owned or operated security, investigative, protective or intelligence agency performing identical or similar functions.

However, the Board of Canvassers may, whenever necessary, by majority vote, 2 direct in writing for the detail of police officers or peace officers for their protection or 3 for the protection of the machines, election documents and paraphernalia, or for the maintenance of peace and order, in which case said police officers or peace officers, 5 who shall be in proper uniform, shall stay outside the room but near enough to be easily called by the Board of Canvassers at any time.

SEC. 241. When the election returns are delayed, lost or destroyed. - In case

its copy of the election returns is missing, the board of canvassers shall, by messenger or otherwise, obtain such missing election returns from the board of election inspectors concerned, or if said returns have been lost or destroyed, the board of canvassers, upon prior authority of the Commission, may use any of the authentic copies of said election returns or a certified copy of said election returns issued by the Commission, and forthwith direct its representative to investigate the case and immediately report the matter to the Commission. The board of canvassers, notwithstanding the fact that not all the election returns have been received by it, may terminate the canvass and proclaim the candidates elected on the basis of the available election returns if the missing election returns will not affect the results of the election.

SEC. 242. Material defects in the election returns. - If it should clearly appear

that some requisites in form or data had been omitted in the election returns for the manual count or manual recount, the Board of Canvassers shall call for all the members of the board of the electoral board concerned by the most expeditious means, for the same board to effect the correction and thereafter affix their initials therein: Provided, That if the omission in the election returns pertains to the votes of a candidate or candidates and the result of the manual count cannot be ascertained by other means except by recounting the ballots, the Commission, after satisfying itself that the identity and integrity of the ballot box have not been violated, shall order the electoral board to open the ballot box, and, also after satisfying itself that the integrity of the ballots therein has been duly preserved, order the board of electoral board to recount the votes for the candidate or candidates whose votes have been omitted with notice thereof to all candidates for the position involved and thereafter complete the returns. The right of a candidate to avail of this provision shall not be lost or affected by the fact that an election protest is subsequently filed by any of the candidates.

SEC. 243. When election returns appear to be tampered with or falsified. - If

the election returns that is submitted to the board of canvassers appear to be tampered with, altered or falsified after they have left the hands of the electoral board, or otherwise not authentic, or were prepared by the electoral board under duress, force, intimidation, or prepared by persons other than the member of the electoral board, the certificate of votes shall be the primary evidence to prove tampering, alteration, falsification or any anomaly committed in the election returns concerned, when duly authenticated by testimonial or documentary evidence presented to the board of canvassers by at least two members of the electoral board who issued the

certificate: Provided, That upon a showing that the electoral board failed to issue said certificates or that such certificates were prepared under duress, other evidence of tampering, alteration, or falsification, or any anomaly, as may be admissible in the Rules of Court, may be resorted to.

SEC. 244. Discrepancies in election returns. - In case it appears to the board

of canvassers that there exists discrepancies in the other authentic copies of the election returns or discrepancies in the votes of any candidate in words and figures in the same return, and in either case the difference affects the results of the election, the Commission shall, upon motion of the board of canvassers or by any affected candidate and after due notice to all candidates concerned, summarily determine the true result of the counting of votes using the certificates of votes: Provided, That in case there is proof that the electoral board concerned failed to issue aforesaid certificates or that such certificates were issued under duress, the Commission may base its determination on other pieces of evidence: Provided further, That in case there is no other means of determining the true results of the counting, the Commission shall proceed summarily to determine whether the integrity of the ballot box had been preserved, and once satisfied thereof shall order the opening of the ballot box to recount the votes cast in the polling place solely for the purpose of determining the true result of the count of votes of the candidates concerned.

SEC. 245. Failure of the electoral board to conduct a manual recount. - If it

appears from the election returns that the electoral board should have conducted a manual recount, as provided under Section 214 of this Code, the Commission shall, upon motion of the Board of Canvassers or any affected party, order the electoral board concerned to conduct a manual recount. If the failure of the electoral board to conduct a recount is due to errors in the tabulation in the election returns, the Commission shall order the correction of the election returns and the conduct of a manual recount. Deliberate failure or refusal of the Electoral Board to conduct a recount as provided under Section 214 of this Code shall constitute an election offense.

SEC. 246. Canvass of remaining or unquestioned returns to continue. - In

cases where there are questioned election returns, the board of canvassers shall continue the canvass of the remaining or unquestioned election returns. If, after the canvass of all the said returns, it should be determined that the returns which have been set aside will affect the result of the election, no proclamation shall be made except upon orders of the Commission after due notice and hearing. Any proclamation made in violation hereof shall be null and void.

SEC. 247. Watchers; Qualifications and Disqualifications; Rights and Duties. -

Each registered political party, or coalition of political parties fielding candidates, accredited political parties, party-list groups, and every candidate, shall be entitled to one watcher in every canvassing center: Provided, That the candidates for the Sangguniang Bayan, Sangguniang Panlungsod, or Sangguniang Panlalawigan belonging to the same slate or ticket shall collectively be entitled to only one watcher.

1 The duly accredited citizens' arm, or other organizations with prior authority of the 2 Commission, shall be entitled to two (2) watchers to serve alternately. If the space in a canvassing center reserved for watchers is insufficient, 5 preference shall be given to the watchers of the dominant majority and dominant minority parties, as determined by the Commission, and the duly accredited citizens' 7 arm. No person shall be appointed as a watcher unless said person: (a) is a registered voter of the city or municipality; (b) is of good moral character; (c) has not been convicted by final judgement of any election offense or of any other crime; (d) knows how to read and write Filipino, English or the prevailing local dialect; and (e) is not related within the fourth (4th) civil degree of consanguinity or affinity to any member of the Board of Canvassers, the Information Technology Support Personnel, members of the Reception and Custody Group, and other support personnel of the Board of Canvassers. Upon entering the canvassing venue, the watchers shall present to the Chairperson of the Board of Canvassers their appointments, and proof that they are registered voters of the city or municipality where they are assigned. Their names shall be recorded in the Minutes with a notation under their signatures that they are not disqualified to serve as such under the immediately preceding paragraph. The watchers shall have the right to: (a) Be present at, and take note of, all the proceedings of the Board of Canvassers; (b) Stay at the designated watchers' area; and (c) File a protest in writing, against any irregularity noted in the consolidation/canvass of the election returns/certificates of canvass and obtain from the Board of Canvassers a resolution thereon in writing. Watchers shall not be allowed to participate in the deliberation and proceedings of the Board of Canvassers. Article 22 Proclamation

SEC. 248. Proclamation of the President-elect and Vice-President-elect. - Upon

the completion of the canvass of the votes by the Congress, the persons obtaining the highest number of votes for President and for Vice-President shall be proclaimed elected. In case two or more shall have an equal and the highest number of votes, one of them shall forthwith be chosen by the vote of a majority of all the Members of both Houses of the Congress, voting separately.

SEC. 249. Proclamation of the Senators and Party-list Representatives. - Upon

the completion of the canvass by the Commission en banc, the qualified candidates

corresponding to the number of Senators to be elected who receive the highest 2 number of votes shall be proclaimed. The nominees of the national or regional political party, coalition of political 5 parties, sectoral party or organization participating in party-list election, in accordance with the number of seats allocated for the particular party, organization or coalition, 7 and strictly in the order of the list of nominees submitted by them to the Commission, 8 shall be proclaimed.

SEC. 250. Proclamation of District Representatives and Local Officials. - Upon

the completion of canvass by the city, municipal, provincial, or district board of canvassers, the qualified candidate receiving the highest number of votes for the position of governor, vice-governor, mayor, vice-mayor, or member of the House of Representatives, as the case may be, shall be proclaimed. In the case of the position of member of the Sangguniang Panlalawigan, Sangguniang Panlungsod, Sangguniang Bayan or, whenever applicable, of the regional parliament, the qualified candidates corresponding to the number of members to be elected in the Sangguniang or parliament concerned who receive the highest number of votes shall be proclaimed.

SEC. 251. The proclamation mentioned in the three (3) preceding sections

shall be made only upon submission of all certificates of canvass unless the missing certificates of canvass will not affect the results of the election.

SEC. 252. Proclamation of a lone candidate in a special election. - Upon the

expiration of the deadline for the filing of the certificates of candidacy in a special election called to fill a vacancy in an elective position other than for President and Vice President, when there is only one (1) qualified candidate for such position, the lone candidate shall be proclaimed elected to the position by proper proclaiming body of the Commission without holding the special election upon certification by the Commission that he or she is the only candidate for the office and is thereby deemed elected.

SEC. 253. Election resulting in tie. - Except when otherwise provided

elsewhere in this Code, whenever it shall appear from the canvass that two or more candidates have received an equal and highest number of votes, or in cases where two or more candidates are to be elected for the same position and two or more candidates received the same number of votes for the last place in the number to be elected, the board of canvassers, after recording this fact in its minutes, shall by resolution, upon five days' notice to all the tied candidates, hold a special public meeting at which the board of canvassers shall proceed to the drawing of lots of the candidates who have tied and shall proclaim as elected the candidates who may be favored by luck, and the candidates so proclaimed shall have the right to assume office in the same manner as if he had been elected by plurality of vote. The board of canvassers shall forthwith make a certificate stating the name of the candidate who had been favored by luck and his proclamation on the basis thereof.

Nothing in this Section shall be construed as depriving a candidate of his right to contest the election. CHAPTER VI OVERSEAS REGISTRATION, VOTING, COUNTING, AND CANVASSING Article 23 Registration for Overseas Voting

SEC. 254. Coverage. - All citizens of the Philippines abroad, who are not

otherwise disqualified by law, at least eighteen (18) years of age on the day of elections, may register for overseas voting and vote for President, Vice-President, Senators and Party-List Representatives, as well as in all national referenda and plebiscites. All persons who, at the time of the effectivity of this Code, are already registered as overseas voters, need not register anew in order to avail of overseas voting.

SEC. 255. Disqualifications. - The following shall be disqualified from

registering and voting under this Chapter: (a) Those who have lost their Filipino citizenship in accordance with Philippine laws; (b) Those who have expressly renounced their Philippine citizenship and who have pledged allegiance to a foreign country, except those who have reacquired or retained their Philippine citizenship under RA No. 9225, otherwise known as the 'Citizenship Retention and Reacquisition Act of 2003'; (c) Those who have committed and are convicted in a final judgment by a Philippine court or tribunal of an offense punishable by imprisonment of not less than one (1) year, such disability not having been removed by plenary pardon or amnesty: Provided, however, That any person disqualified to vote under this subsection shall automatically acquire the right to vote upon the expiration of five (5) years after service of sentence; or (d) Any citizen of the Philippines abroad previously declared insane or incompetent by competent authority in the Philippines or abroad, as verified by the Philippine embassies, consulates or foreign service establishments concerned, unless such competent authority subsequently certifies that such person is no longer insane or incompetent.

SEC. 256. Overseas Registration and/or Certification. - Registration and/or

certification as an overseas voter shall be done either in person at any post abroad or at designated registration centers outside the post or in the Philippines approved by the Commission or by electronic means as may be determined by the Commission. Field and mobile registration activities shall be set up by the posts concerned to ensure accessibility by the overseas voters.

The Commission, through the OFOV, shall coordinate with the Department Of 2 Foreign Affairs (DFA), Department Of Migrant Workers (DMW), Maritime Industry Authority (Marina), Philippine Statistics Authority (PSA), Commission On Filipinos 4 Overseas (CFO), and other relevant government agencies to obtain biometrics of 5 overseas voters: Provided, that the biometrics data shall only be used for overseas 6 voting registration purposes: Provided, Further, that processing of personal data shall comply with the provisions of RA No. 10173, or "The Data Privacy Act Of 2012", its 8 implementing rules and regulations, and other related issuances of the National Privacy Commission (NPC). The Commission shall issue an overseas voter identification card to those whose applications to vote, either in person, by mail, or by electronic means, as may be determined by the Commission, have been approved.

SEC. 257. Resident Election Registration Board (RERB); Composition,

Appointment, Disqualitication and Compensation. - The RERB Shall be composed of the following: (a) A career official of the DFA, as Chairperson; (b) The most senior officer from the Department of Labor and Employment (DOLE) or any government agency of the Philippines maintaining offices abroad, as member: Provided, That in case of disqualification or nonavailability of the most senior officer from the DOLE or any government agency of the Philippines maintaining offices abroad, the Commission shall designate a career official from the embassy or consulate concerned; and (c) A registered overseas voter of known probity, as member. The Commission shall appoint the members of the RERB upon the recommendation of the Department of Foreign Affairs-Overseas Voting Secretariat (DFA-OVS). The RERB in the Office for Overseas Voting (OFOV) shall be based in the main office of the Commission and shall be composed of a senior official of the Commission as the Chairperson and one (1) member each from the DFA and the DOLE, whose rank shall not be lower than a division chief or its equivalent. No member of the RERB shall be related to each other or to an incumbent President, Vice-President, Senator or Member of the House of Representatives representing the party-list system of representation, within the fourth (4th) civil degree of consanguinity or affinity. Each member of the RERB shall be entitled to an honorarium at the rates approved by the Department of Budget and Management (DBM).

SEC. 258. Duties and Functions of the RERB. - The RERB shall have the

following duties and functions:

(a) Post in the bulletin boards of the embassy or consulates or at the OFOV, as the case may be, and in their respective websites, the names of the applicants and the dates when their applications shall be heard, as well as the place where the RERB will hold its hearing; (b) Notify, through the OFOV, all political parties and other parties concerned of the pending applications through a weekly updated publication in the website of the Commission; (c) Act on all applications received; (d) Notify all applicants, whose applications have been disapproved, stating the reasons for such disapproval; (e) Prepare a list of all approved applications during each hearing and post the same at the bulletin boards of the embassy or consulates or at the OFOV, as the case may be, and in their respective websites; (f) Deactivate the registration records of overseas voters; and (g) Perform such other duties as may be consistent with its functions as provided under this Act.

SEC. 259. National Registry of Overseas Voters (NROV). - The Commission

shall maintain a National Registry of Overseas Voters or NROV containing the names of registered overseas voters and the posts where they are registered. The list shall be published: Provided, that the Commission shall institute safeguard to protect the data privacy rights of overseas voters. Likewise, the Commission shall maintain a registry of voters (ROV) per municipality, city or district containing the names of registered overseas voters domiciled therein. The Commission shall provide each and every municipality, city or district with a copy of their respective ROVS for their reference.

SEC. 260. Preparation and Posting of Certified List of Overseas Voters. - The

Commission shall prepare the Certified List of Overseas Voters or CLOV not later than ninety (90) days before the start of the overseas voting period, and furnish within the same period electronic and hard copies thereof to the appropriate posts, which shall post the same in their bulletin boards and/or websites within ten (10) days from receipt thereof. Subject to reasonable regulation and the payment of fees in such amounts as may be fixed by the Commission, the candidates, political parties, accredited citizens' arms, and all other interested persons shall be furnished copies thereof: Provided, That nongovernmental organizations and other civil society organizations accredited by and working with the Commission as partners on overseas voters' education and participation shall be exempt from the payment of fees.

SEC. 261. Requirements for Registration. - Every registrant for overseas

voting shall be required to furnish the following documents: (a) A valid Philippine passport. In the absence of a valid passport, a certification of the DFA that it has reviewed the appropriate documents submitted by the applicant and has found them sufficient to warrant the issuance of a passport,

or that the applicant is a holder of a valid passport but is unable to produce the same for a valid reason; (b) Accomplished registration form prescribed by the Commission; and (c) Applicants who availed themselves of the 'Citizen Retention and Reacquisition Act (RA No. 9225) shall present the original or certified true copy of the order of approval of their application to retain or reacquire their Filipino citizenship issued by the post or their identification certificate issued by the Bureau of Immigration. The Commission may also require, additional data to facilitate registration and recording. No information other than those necessary to establish the identity and qualification of the applicant shall be required. All applications for registration and/or certification as an overseas voter shall be considered as applications to vote overseas. An overseas voter is presumed to be abroad until she/he applies for transfer of her/his registration records or requests that her/his name be cancelled from the National Registry of Overseas Voters.

SEC. 262. Deactivation and Reactivation of Registration. - The RERB shall

deactivate and remove the registration records of persons who suffer from any of the causes of deactivation provided for in Section 46 of this Code. The fact of deactivation shall be annotated in the NROV and the corresponding ROV. Any overseas voter whose registration has been deactivated pursuant to the preceding section may file with the RERB at any time, but not later than one hundred twenty (120) days before the start of the overseas voting period, a sworn application for reactivation of registration stating that the grounds for the deactivation no longer exist.

SEC. 263. Cancellation of Registration. - The RERB shall cancel the registration

records of those who have died, as certified by either the posts or by the local civil registrar, and those who have been proven to have lost their Filipino citizenship.

SEC. 264. Voters Excluded from the NROV Through Inadvertence. - Any

registered overseas voter whose name has been inadvertently omitted from the NROV may, personally or through an authorized representative, file with the RERB through the OFOV or the post exercising jurisdiction over the voter's residence, an application under oath for reinstatement not later than one hundred twenty (120) days before the start of the overseas voting period. The RERB shall resolve the application within one (1) month from receipt thereof, otherwise the application shall be deemed approved.

SEC. 265. Application for Correction of Entries and Change of Name. - Any

registered overseas voter who intends to change her/his name by reason of marriage, death of husband, or final court judgment; or to correct a mispelled name or any erroneous entry in the NROV, CLOV and other related documents may, personally or through an authorized representative, file an application under oath for change of

name or correction of entries with the RERB through the OFOV or the post exercising 2 jurisdiction over the voter's residence not later than ninety (90) days before the start of the overseas voting period. The RERB shall resolve the application within one (1) month from receipt 6 thereof, otherwise the application shall be deemed approved.

SEC. 266. Transfer of Registration Record. - In the event of change of voting

venue, an application for transfer of registration record must be filed in person or by electronic means as may be determined by the Commission, by the overseas voter with the OFOV at least one hundred eighty (180) days prior to the start of the overseas voting period: Provided, That those who would eventually vote in the Philippines should register within the time frame provided for local registration in the municipality, city or district where they intend to vote: Provided, further, That those who have registered in the municipality, city or district where they resided prior to their departure abroad need not register anew: Provided, finally, That transferees shall notify the OFOV of their transfer back to the Philippines at least one hundred eighty (180) days prior to the next national elections for purposes of cancelling their names from the Certified List of Overseas Voters (CLOV) and of removing their overseas voter's registration from the book of voters.

SEC. 267. Petition for Exclusion, Motion for Reconsideration, Petition for

Inclusion. - (a) Petition for Exclusion. - If the application for has been approved, any interested party may file a petition for exclusion not later than one hundred eighty (180) days before the start of the overseas voting period with the proper Municipal/Metropolitan Trial Court in the City of Manila or where the overseas voter resides in the Philippines, at the option of the petitioner. The petition shall be decided on the basis of the documents submitted within fifteen (15) days from its filing, but not later than one hundred twenty (120) days before the start of the overseas voting period. Should the Court fail to render a decision within the prescribed period, the ruling of the RERB shall be considered affirmed. (b) Motion for Reconsideration. - If the application has been disapproved, the applicant or the authorized representative shall have the right to file a motion for reconsideration before the RERB within a period of five (5) days from receipt of the notice of disapproval. The motion shall be decided within five (5) days after its filing on the basis of documents submitted but not later than one hundred twenty (120) days before the start of the overseas voting period. The resolution of the RERB shall be immediately executory, unless reversed or set aside by the Court. (c) Petition for Inclusion. - Within ten (10) days from receipt of notice denying the motion for reconsideration, the applicant may file a petition for inclusion with

the proper Municipal/Metropolitan Trial Court in the City of Manila or where the overseas voter resides in the Philippines, at the option of the petitioner. The petition shall be decided on the basis of the documents submitted within fifteen (15) days from filing, but not later than one hundred twenty (120) days before the start of the overseas voting period. Should the Court fail to render a decision within the prescribed period, the RERB ruling shall be considered affirmed. Qualified Philippine citizens abroad who have previously registered as voters pursuant to RA No. 8189, otherwise known as the Voter's Registration Act of 1996, shall apply for certification as overseas voters and for inclusion in the National Registry of Overseas Voters (NROV). In case of approval, the Election Officer concerned shall annotate the fact of registration/certification as overseas voter before the voter's name as appearing in the certified voters' list and in the voter's registration records.

SEC. 268. System of Continuing Registration. - The Commission shall ensure

that the benefits of the system of continuing registration are extended to qualified overseas voters. Registration shall commence not later than six (6) months after the - ya on hai come conduct of the last national elections. Towards this end, the Commission shall be authorized to utilize and optimize the use of existing facilities, personnel and mechanisms of the various government agencies for purposes of data gathering and validation, information dissemination and facilitation of the registration process, subject to the pertinent provisions of RA No. 10173. Pre-departure Orientation Seminars (PDOS), services and mechanisms offered and administered by the DFA, the DOLE, the Philippine Overseas Employment Administration (POEA), the Overseas Workers' Welfare Administration (OWWA), the Commission on Filipinos Overseas and by other appropriate agencies of the government and private agencies providing the same services shall include the salient features of this Chapter and shall be utilized for purposes of supporting the overseas registration and voting processes. All employment contracts processed and approved by the POEA shall state the right of migrant workers to exercise their constitutional right of suffrage within the limits provided for by this Chapter.

SEC. 269. Notice of Registration and Election. - The Commission shall, through

the posts cause the publication in a newspaper of general circulation of the place, date and time of the holding of a regular or special national election and the requirements for the participation of qualified citizens of the Philippines abroad, at least six (6) months before the date set for the filing of applications for registration. The Commission shall determine the countries where publication shall be made, and the frequency thereof, taking into consideration the number of overseas Filipinos present in such countries. Likewise, the Commission and the DFA shall post the same in their respective websites.

Article 24 Overseas Voting

SEC. 270. The Overseas Voting Period. - The voting period for overseas voting

shall be thirty (30) days, the last day of which, shall be the day of the election in the Philippines. The overseas voting period shall be continuous and inclusive of established holidays in the Philippines and of such other holidays in the host countries.

SEC. 271. Printing and Transmittal of Ballots, Voting Instructions, Election

10 Forms and Paraphernalia. - The Commission shall cause the printing of ballots for overseas voters and all other accountable election forms. In the printing of ballots for overseas voting, the provisions of Section 180 of this Code, insofar as they are applicable, shall be observed: Provided, That the total number of ballots printed for overseas voting shall not exceed the total number of registered overseas voters. The Commission shall present to the authorized representatives of the DFA, the accredited political or sectoral parties or organization, and the deputized citizen's arms of the Commission the ballots for overseas voters, voting instructions, election forms and other election paraphernalia for scrutiny and inspection prior to their transmittal to the posts. The Commission shall transmit, as far as practicable, but not later than forty- five (45) days before the day of elections, by special pouch to all posts the exact number of ballots for overseas voters corresponding to the number of approved applications, along with such accountable forms necessary to ensure the secrecy and integrity of the election. Authorized representatives of the DFA, the accredited political or sectoral parties or organization, candidates, and the deputized citizen's arms of the Commission shall have the right to be present in all phases of printing, transmittal, and casting of mailed ballots abroad. Unclaimed ballots properly marked as such, shall be cancelled and shipped to the Commission by the least costly method.

SEC. 272. Regulation on Campaigning Abroad. - Personal campaigning, the

use of campaign materials, as well as the limits on campaign spending shall be governed by Article 9 of this Code: Provided, That all forms of campaigning abroad within the thirty (30)-day overseas voting period shall be prohibited.

SEC. 273. Special Electoral Board; Constitution and Appointment. - The

Commission, through the OFOV, shall, upon recommendation of the DFA-OVS, constitute in every Post, not later than the start of the campaign period for national candidates, at least one (1) special electoral board, which shall be composed of a chairperson, a poll clerk, and the third member. They shall be officers and members of the foreign service post, including attachés of other Philippine Government Agencies, posted aboard and deputized by the Commission.

The chairperson, poll clerk, or third member of the special electoral board shall 2 have the same qualifications and shall be subject to the same disqualifications as members of the electoral board.

SEC. 274. Qualifications and Disqualifications of Members of the Special

Electoral Board. - No person shall be appointed as chairperson, poll clerk, or third member of the special electoral board, whether regular or substitute, unless: (a) Such person is of good moral character and irreproachable reputation; (b) He or she is citizen of the Philippines physically residing aboard; (c) He or she has never been convicted of any election offense or of any other crime punishable by more than six (6) months of imprisonment and has no pending case in court for any election offense; and (d) Such person is able to speak and write Filipino or English Any career public officer posted abroad, appointed or designated by the Commission, as the case may be, shall be the Chairperson. In the absence of other government officers, the two (2) other members shall be citizens of the Philippines who are registered overseas voters and deputized by the Commission. The chairperson and members of the special electoral board shall be subject to the same disqualifications as the members of the electoral board.

SEC. 275. Powers and functions of the special electoral board. - The special

electoral board shall have the following powers/functions: (a) Conduct the voting and/or counting of votes; (b) Transmission of the election results; (c) Act as deputies of the Commission in the supervision and control of the election in the polling places where they are assigned; (d) Perform such other functions as may be prescribed by the Commission in furtherance of the objective to ensure clean, honest, orderly, and credible elections.

SEC. 276. Special Ballot Reception and Custody Group; Constitution and

Appointment. - The Commission, through the OFOV, shall, upon recommendation of the DFA-OVS, constitute in every Post, not later than the start of the campaign period for national candidates, a Special Ballot Reception and Custody Group (SBRCG), which shall be composed of three members.

SEC. 277. Qualifications/Disqualifications of Members/Substitutes of the

SBRCG. - No person shall be appointed as chairperson or member of the SBRCG, whether regular or substitute, unless: (a) Such person is of good moral character and irreproachable reputation; (b) He or she is citizen of the Philippines physically residing aboard;

(c) He or she has never been convicted of any election offense or of any other crime punishable by more than six (6) months of imprisonment and has no pending case in court for any election offense; (d) Such person is able to speak and write Filipino or English; and (e) Such person is from among the staff of the Posts. In case of shortage of qualified staff of the Posts, citizens of the Philippines who are registered overseas voters, who are of known probity and competence, may be appointed as members of the SBRCG: Provided, That the Chairperson shall be an officer or member of the foreign service corps. Members of the SBRCG shall be subject to the same disqualifications as members of the electoral board.

SEC. 278. Functions of the SBRCG. - The SBRCG shall perform the following

duties and functions: (a) Receive from the OFOV all accountable and non-accountable election forms, supplies, paraphernalia, and equipment to be used in voting, counting, and canvassing; (b) Verify the quantity and serial numbers of all ballots, election returns, canvassing forms, and other accountable forms, and equipment received, in the presence of the head of the Post and the authorized representatives of accredited political or sectoral parties or organization, candidates, the deputized citizen's arms of the Commission and Filipino community organizations, if available; (c) Store all received forms, supplies, and equipment in a secure place; and (d) Perform such other duties and functions as mandated by the Commission as may be consistent in protecting the sanctity of the ballots and other accountable forms.

SEC. 279. Voting. - Voting may be done personally, by mail, by internet, or by

any other means as may be determined by the Commission. For this purpose, the Commission shall issue the necessary guidelines on the manner and procedures of voting. The OFOV, in consultation with the DFA-OVS, shall determine the countries where voting shall be done by any specific mode, taking into consideration the following criteria: the number of registered voters, accessibility of the posts, efficiency of the host country's postal system, and such other circumstances that may affect the conduct of voting. The Commission shall announce the specific mode of voting per country/post at least one hundred twenty (120) days before the start of the overseas voting period. The Hybrid Election System shall not apply to overseas voting.

SEC. 280. Casting and Submission of Ballots. -

(1) Upon receipt by the Special Electoral Board of the ballots for overseas voters, voting instructions, election forms and other paraphernalia, they shall make these available on the premises to the qualified overseas voters in their respective jurisdictions during the overseas voting period. Immediately upon receiving it, the overseas voter must fill-out her/his ballot personally, in secret, without leaving the premises of the posts concerned. (2) The overseas voter shall personally accomplish her/his ballot at the post that has jurisdiction over the country where she/he temporarily resides or at any polling place designated and accredited by the Commission. (3) The overseas voter shall cast her/his ballot, upon verification by the poll clerk of the voter's identity and that he or she is entitled to vote in the overseas voting. The OFOV, in consultation with the DFA-OVS, shall provide a list of documents which may be used to verify the identity of the voters. (4) All accomplished ballots received shall be placed unopened inside sealed containers and kept in a secure place designated by the Commission. (5) The posts concerned shall keep a complete record of the ballots for overseas voters, specifically indicating the number of ballots they actually received, and in cases where voting by mail is allowed, the names and addresses of the voters to whom these ballots were sent, including proof of receipt thereof. In addition, the posts shall submit a formal report to the Commission and the Joint Congressional Oversight Committee for Overseas Voting within thirty (30) days from the day of elections. Such report shall contain data on the number of ballots cast and received by the offices, the number of invalid and unclaimed ballots and other pertinent data. (6) Ballots not claimed by the overseas voters at the posts, in case of personal voting, and ballots returned to the posts concerned, in the case of voting by mail, shall be cancelled and shipped to the Commission by the least costly method within six (6) months from the day of elections. (7) Only ballots cast, and mailed ballots received by the posts concerned in accordance with Section 281 hereof before the close of voting on the day of elections shall be counted. All envelopes containing the ballots received by the posts after the prescribed period shall not be opened, and shall be cancelled and shipped to the Commission by the least costly method within six (6) months from the day of elections. (8) The SBRCG will receive the ballots and take custody of the same preparatory to their transmittal to the special electoral board. (9) The authorized representatives of the political parties, party-list groups, candidates, and accredited citizens' arms of the Commission shall be notified in writing thereof and shall have the right to witness the proceedings. (10) The Commission shall study the use of electronic mail, internet, or other secured networks in the casting of votes, and submit a report thereon to the Joint Congressional Oversight Committee on Overseas Voting.

SEC. 281. Voting by Mail. -

(1) The Commission shall authorize voting by mail. Voting by mail may be allowed in countries that satisfy the following conditions: (a) Where the mailing system is fairly well-developed and secure to prevent the occasion of fraud; (b) Where there exists a technically established identification system that would preclude multiple or proxy voting; and, (c) Where the system of reception and custody of mailed ballots in the embassies, consulates and other foreign service establishments concerned are adequate and well-secured. (2) The overseas voter shall send her/his accomplished ballot to the corresponding post that has jurisdiction over the country where she/he temporarily resides. She/He shall be entitled to cast her/his ballot at any time upon her/his receipt thereof: Provided, That the same is received before the close of voting on the day of elections. The overseas absentee voter shall be instructed that her/his ballot shall not be counted if not transmitted in the special envelope furnished her/him. (3) Only mailed ballots received by the post before the close of voting on the day of elections shall be counted. All envelopes containing the ballots received by the posts after the prescribed period shall not be opened, and shall be cancelled and disposed of appropriately, with a corresponding report thereon submitted to the Commission not later than thirty (30) days from the day of elections. (4) The commission shall issue guidelines on voting by mail, including the period of and process for sending mail packets to overseas voters, procedures for voting, verification procedures, and other rules necessary and sufficient to facilitate the voting process.

SEC. 282. Voting by Internet. -

(1) For overseas voting, the Commission may authorize voting by electronic means through the use of the internet in all countries that allow internet voting within the jurisdictions of the posts. The system or application to be used for internet voting must: (a) Undergo rigorous testing; (b) Have stringent security features based on industry standards at the time of use to ensure the sanctity of the vote as well as the voter's information, integrity of the electronic ballots, and transparency of the electoral process; (c) Shall be certified by the Technical Evaluation Committee referred to in

Section 129, through an established international certification entity to be

chosen by the Commission to be chosen by the Commission from the recommendations of the Advisory Council referred to in Section 127, not later than two months before the start of the overseas voting period, categorically stating that the system or application to be used for internet voting is operating properly, securely, and accurately; and (d) Allow voter verification of the votes cast after the same was submitted to the system;

(2) All overseas voters under the posts adopting internet voting shall be entitled to cast their digital ballots at any time within the Commission's identified voting period using internet-enabled device/s, subject to compliance with the rules and/or guidelines to be issued by the Commission. (3) Only ballots transmitted through electronic means and received by the system before the close of voting on the day of elections shall be counted in accordance with this Act. (4) The Commission shall issue guidelines pertaining to the conduct of internet voting, including but not limited to, the period for pre-voting enrollment, verification/ validation procedures, voting procedures, and other rules necessary and sufficient to facilitate the voting process.

SEC. 283. Voting by Seafarers. - Seafarers situated overseas at the time of

the elections may vote by internet or other electronic means, as may be determined by the Commission. The Commission shall adopt guidelines on voting procedures for seafarers and other sea based Overseas Filipino Workers and secure their right to vote, without requiring them to go to the designated voting center from the nearest port.

SEC. 284. Voting Privilege of Members of the SBEL, SBRCG and SBOC. -

Government employees posted abroad who will perform election duties as members of the SBEI, SBCRG and SBOC shall be allowed to vote in their respective posts: Provided, That they are registered either in the Philippines or as overseas voters. Article 25 Counting and Canvassing of Overseas Votes

SEC. 285. Special Board of Canvassers; Constitution and Appointment. - The

Special Board of Canvassers shall canvass and/or consolidate the overseas election returns submitted to it by the Special Electoral Board. The Commission, though the OFOV, in consultation with the DFA-OVS, shall constitute a Special Board of Canvassers (SBOC) in such Posts as may be necessary to ensure an expedient and accurate canvassing of the votes. The members of the SBOC shall be composed of the highest-ranking career officer of the Post as Chairperson, a senior career officer from any of the government agencies maintaining offices aboard as Vice Chairperson, and another government officer as Member-Secretary. In the absence of such other government officer, a citizen of the Philippines qualified to register as an overseas voter and deputized by the Commission, may be appointed as Member-Secretary.

SEC. 286. Qualifications of Members/Substitutes of the SBOC. - No person

shall be appointed as a Member of the SBOC, whether regular or substitute, unless such person is:

(a) Of good moral character and irreproachable reputation; and (b) Able to write and speak in English or Filipino.

SEC. 287. Disqualifications; SBOC. - The following are disqualified from serving

as a member of the SBOC: (a) Those who are related within the fourth (4th) civil degree of consanguinity or affinity to any member of the same SBOC or to any of the candidates for President, Vice-President, Senator, or any of the nominees of the party-list groups, or any of the candidates' or nominees' spouses; (b) Those who have been convicted of any election offense or any other crime punishable by more than six (6) months of imprisonment; or (c) Those who have a pending case filed against them for any election offense.

SEC. 288. On-Site Counting and Canvassing. -

(1) Except when internet voting is used, the counting and canvassing of votes shall be conducted on site in the country where the votes were actually cast, or, in the case of voting by mail, where the ballots are received from the voters. The opening of the specially-marked envelopes containing the ballots and the counting and canvassing of votes shall be conducted within the premises of the embassies, consulates and other foreign service establishments or in such other places as may be designated by the Commission pursuant to the Implementing Rules and Regulations. (2) For these purposes, the Commission shall constitute as many Special Electoral Boards as may be necessary to conduct and supervise the counting of votes. All resolutions of the Special Electoral Boards on issues brought before it during the conduct of its proceedings shall be valid only when they carry the approval of the Chairman. Immediately upon the completion of the counting, the Special Electoral Board shall transmit via facsimile and/or electronic mail the results to the Commission in Manila and the accredited dominant majority and dominant minority parties. (3) Only ballots cast on, or received by the embassies, consulates and other foreign service establishments before the close of voting on the day of elections shall be included in the counting of votes. Those received afterwards shall not be counted. (4) Immediately upon the completion of the canvass, the chairperson of the SBOC shall transmit via facsimile, electronic mail, or any other means of transmission equally safe and reliable the certificates of canvass and the statements of votes to the Commission, and shall cause to preserve the same immediately after the conclusion of the canvass, and make it available upon instructions of the Commission. The SBOC shall also furnish the accredited dominant majority and dominant minority political parties and accredited citizens' arms with copies thereof via facsimile, electronic mail and any other means of transmission equally safe, secure and reliable.

The certificates of canvass and the accompanying statements of votes as transmitted via facsimile, electronic mail and any other means of transmission equally safe, secure and reliable shall be the primary basis for the national canvass. (5) The canvass of votes shall not cause the delay of the proclamation of a winning candidate if the outcome of the election will not be affected by the results thereof. Notwithstanding the foregoing, the Commission is empowered to order the proclamation of winning candidates despite the fact that the scheduled election has not taken place in a particular country or countries, if the holding of elections therein has been rendered impossible by events, factors and circumstances peculiar to such country or countries, and which events, factors and circumstances are beyond the control or influence of the Commission. (6) In the preparation of the final tally of votes on the results of the national elections, the Commission shall ensure that the votes canvassed by each and every country shall be reflected as a separate item from the tally of national votes. For purposes of this Article, the returns of every election for President and Vice-President prepared by the SBOCs shall be deemed a certificate of canvass of a city or a province. (7) Where feasible, the counting and canvassing of votes shall be automated. Towards this end, the Commission is hereby authorized to borrow, rent, lease or acquire automated voting machines for purposes of canvassing and counting of votes pursuant to the provisions of this Act, and in accordance with the Implementing Rules and Regulations promulgated by the Commission.

SEC. 289. Counting and Canvassing of Votes Cast using Internet Voting. - The

Commission shall issue the necessary guidelines in the counting and canvassing of votes cast through internet voting; Provided, That such guidelines must ensure the integrity, accuracy, and transparency of the counting and canvassing process; Provided further, That the preceding section shall apply as far as practicable.

SEC. 290. Support Staff. - The Commission may appoint such number of

support personnel as may be necessary to assist the special electoral board and the SBOC: Provided, That in Posts utilizing the automated election system, there shall be one (1) information and communications technology personnel who shall assist the 35 SBOC: Provided further, That such information and communications technology personnel shall be deputized by the Commission from among the personnel of the Philippine Government agencies, including government-owned and controlled corporations, maintaining offices abroad. Article 26 Other Provisions Pertaining to Overseas Voting

SEC. 291. Joint Congressional Oversight Committee on Overseas Voting. - A

Joint Congressional Oversight Committee is hereby created, composed of the Chairperson of the Senate Committee on Electoral Reforms and People's Participation, and seven (7) other Senators designated by the Senate President, and the Chairperson of the House Committee on Suffrage and Electoral Reforms, and seven (7) other 48 Members of the House of Representatives designated by the Speaker of the House of

Representatives: Provided, That, of the seven (7) members to be designated by each House of Congress, four (4) should come from the majority to include the chair of the Committee on Foreign Relations for the Senate and the chair of the Committee on Foreign Affairs for the House of Representatives, and the remaining three (3) from the minority. The Joint Congressional Oversight Committee on Overseas Voting shall have 8 the power to monitor and evaluate the implementation of this Chapter.

SEC. 292. The Office for Overseas Voting and the Overseas Voting Secretariat.

11 - The Office for Overseas Voting of the Commission and the Overseas Voting Secretariat of the DFA existing prior to the effectivity of this Code shall remain in place.

SEC. 293. Authority to Explore Other Modes or Systems of Voting. -

Notwithstanding current procedures and systems for the proper implementation of overseas voting, and in view of the peculiarities attendant to the overseas voting process, the Commission may explore other more efficient, reliable and secure modes or systems, ensuring the secrecy and sanctity of the entire process, for onsite and remote registration and elections and submit reports and/or recommendations to the

SEC. 294. Procurement of Facilities, Equipment, Materials, Supplies or

Services. - To achieve the purpose of this Chapter, the Commission may, likewise, procure from local or foreign sources, through purchase, lease, rent or other forms of acquisition, hardware or software, facilities, equipment, materials, supplies or services in accordance with existing laws, free from taxes and import duties, subject to government procurement rules and regulations.

SEC. 295. Information Campaign. - The Commission, in coordination with

agencies concerned, shall undertake an information campaign to educate the public on the manner of overseas voting for qualified overseas voters. It may require the support and assistance of the DFA, through the posts, the DOLE, the DICT, the DMW, the NPC, the Philippine Postal Corporation (PPC), the POEA, the OWWA, the MARINA and the Commission on Filipinos Overseas. Such information campaign shall educate the Filipino public, within and outside the Philippines, on the Philippine Electoral System, the rights of overseas voters, overseas voting processes and other related concerns. Information materials shall be developed by the Commission for distribution, through the said government agencies and private organizations. No government agency shall prepare, print, distribute or post any information material without the prior approval of the Commission.

SEC. 296. Assistance from Government Agencies. - All government officers,

particularly from the DFA, the DOLE, the DMW, the DICT, the NPC, the PPC, the POEA, the OWWA, the CFO, the MARINA and other government offices concerned with the welfare of the Filipinos overseas shall, to the extent compatible with their primary responsibilities, assist the Commission in carrying out the provisions of this Chapter. All such agencies or officers thereof shall take reasonable measures to expedite all

1 election activities, which the Commission shall require of them. When necessary, the 2 Commission may send supervisory teams headed by career officers to assist the posts. Likewise, consular and diplomatic services rendered in connection with the overseas voting processes shall be made available at no cost to the overseas voters.

SEC. 297. Security Measures to Safeguard the Secrecy and Sanctity of Ballots.

8 - At all stages of the electoral process, the Commission shall ensure that the secrecy 9 and integrity of the ballots are preserved. The OFOV of the Commission shall be responsible for ensuring the secrecy and sanctity of the overseas voting process. In the interest of transparency, all necessary and practicable measures shall be adopted to allow representation of the candidates, accredited major political parties, accredited citizens' arms and nongovernment organizations to assist, and intervene in appropriate cases, in all stages of the electoral exercise and to prevent any and all forms of fraud and coercion. No officer or member of the foreign service corps, including those belonging to attached agencies shall be transferred, promoted, extended, recalled or otherwise moved from his current post or position one (1) year before and three (3) months after the day of elections, except upon the approval of the Commission.

SEC. 298. Implementing Rules and Regulations. - The Commission on

Elections, in consultation with the DFA, the DMW, the DOLE, the DICT, the CFOR, MARINA, OWWA, and other relevant government agencies, civil society organizations, and accredited Filipino community organizations or associations abroad, shall promulgate rules and regulations for the implementation and enforcement of the provisions of this Act within sixty (60) days from the effectivity thereof. CHAPTER VII RECALL AND SPECIAL ELECTIONS, REGIONAL ELECTIONS, AND BARANGAY AND SANGGUNINANG KABATAAN ELECTIONS Article 27 Special Election in Case of Vacancy in Certain Offices

SEC. 299. Special election for President and Vice-President in case of vacancy.

- The Congress shall, at ten o'clock in the morning of the third day after the vacancy in the offices of the President and Vice-President occurs, convene in accordance with its rules without need of a call and within seven days, enact a law calling for a special election to elect a President and a Vice-President to be held not earlier than forty-five days nor later than sixty days from the time of such call. The bill calling such special election shall be deemed certified under paragraph 2, Section 26, Article V1 of the Constitution and shall become law upon its approval on third reading by the Congress. Appropriations for the special election shall be charged against any current appropriations and shall be exempt from the requirements of paragraph 4, Section 25, Article V1 of the Constitution. The convening of the Congress cannot be suspended nor the special election postponed. No special election shall be called if the vacancy occurs within eighteen months before the date of the next presidential election.

SEC. 300. Special election for Members of the House of Representatives and

2 the Senate. - In case a permanent vacancy shall occur in the Senate or House of Representatives at least one (1) year before the expiration of the term, the 4 Commission shall call and hold a special election to fill the vacancy not earlier than sixty (60) days or longer than ninety (90) days after the occurrence of the vacancy.

SEC. 301. Procedure for special elections. - Unless the law calling for the

special election otherwise provides, the provisions of this Code shall govern the conduct thereof particularly Articles 7, 8, 9, 10, 11, 13, 14, 15, 16, 17, 20, 21, and 22. Article 28 Elections of Elective Officials of Autonomous Regions

SEC. 302. Governing Law. - The organic law creating the autonomous region

concerned shall govern the conduct of the elections of the elective officials whose positions were created by such organic law or by regional law: Provided however, That to the extent permissible, the provisions of this Code shall have suppletory application. The elections of elective national officials, as well as local elective officials whose positions were not created by aforesaid organic law or by regional law, shall be governed by the provisions of this Code.

SEC. 303. Date of Elections. - Unless otherwise fixed by the organic laws or

regional laws of the autonomous regions, the next regular election of the elective officials whose offices created by organic laws or by regional laws shall be on the second Monday of October 2025. Thereafter, the next elections shall be held and synchronized with the 2028 national elections and every three years thereafter.

SEC. 304. Manner of Voting of Parliamentary Representatives. - Candidates for

members of the regional parliament or regional assembly shall be voted at large by the registered voters in the parliamentary district which such candidates seek to represent. The candidate or candidates corresponding to the number of member or members to be elected in a parliamentary district who receive the highest number of votes shall be declared elected.

SEC. 305. Vacancy. Any permanent vacancy in the regional parliament or

assembly occurring at least one (1) year before the next regular elections shall be filled by a special election called for that purpose except if the law creating such parliament or assembly provides the contrary.

SEC. 306. Rules and Regulations in the conduct regional elections. - In order

to ensure free, honest, orderly, transparent, and credible regional elections, the Commission shall promulgate the rules and regulations for the conduct thereof, taking into account, primarily, the pertinent provisions of the organic law of the autonomous region concerned; and secondarily, the provisions of this Code.

Article 29 Barangay and Sangguniang Kabataan Elections

SEC. 307. Term of Office. - The term of office of all elected barangay and

5 Sangguniang Kabataan officials shall be four (4) years. No elective barangay official shall serve for more than three (3) consecutive terms in the same position. No elective 7 Sangguniang Kabataan official shall serve for more than one (1) term in the same position. Voluntary renunciation of office for any length of time shall not be considered as an interruption in the continuity of service for the full term for which the elective 10 official was elected.

SEC. 308. Date of Election. - The next regular barangay and Sangguniang

Kabataan elections shall be held on the first Monday of November 2026 and every four (4) years thereafter.

SEC. 309. Assumption of Office. - The term of office of barangay officials and

members of the Sangguniang Kabataan elected subsequent to the effectivity of this Act shall commence on the first day of December next following their election.

SEC. 310. Hold-Over. - All incumbent barangay officials and members of the

Sangguniang Kabataan shall remain in office unless sooner removed or suspended for cause until their successors shall have been elected and qualified. Incumbent elective barangay officials serving their third consecutive term in the same position shall not be eligible to run for the same position in November 2026 Barangay and Sangguniang Kabataan Elections.

SEC. 311. Conduct of elections. - The barangay election shall be non-partisan

and shall be conducted in an expeditious and inexpensive manner. No person who files a certificate of candidacy shall represent or allow himself to be represented as a candidate of any political party or any other organization; and no political party, political group, political committee, civic, religious, professional, or other organization or organized group of whatever nature shall intervene in his nomination or in the filing of his certificate of candidacy or give aid or support, directly or indirectly, material or otherwise favorable to or against his campaign for election: Provided, That this provision shall not apply to the members of the family of a candidate within the fourth civil degree of consanguinity or affinity nor to the personal campaign staff of the candidate which shall not be more than one for every one hundred registered voters in his barangay: Provided, however, That without prejudice to any liability that may be incurred, no permit to hold a public meeting shall be denied on the ground that the provisions of this paragraph may or will be violated. 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.

SEC. 312. Certificate of Candidacy of elective barangay and sangguniang

2 kabataan officials. - No person shall be elected punong barangay, member of the sangguniang barangay, chairperson of the sangguniang kabataan, or member of the sangguniang kabataan unless he or she files a sworn certificate of candidacy with the 5 office of the election officer of the city or municipality concerned not later than thirty 6 (30) days before the beginning of the campaign period. The form and contents of the 7 certificate of candidacy shall be prescribed by the Commission. The campaign period shall be ten (10) days immediately before the election. Any appointive barangay, 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.

SEC. 313. The Barangay Electoral Board. -

(1) The Commission, through the Election Officer, shall constitute and appoint, in writing and in the from prescribed by the Commission, the Barangay Electoral Board for every clustered or grouped precinct in the district, city, or municipality. In the appointment of the members of the Electoral Boards, the Election officer shall give preference to public school teachers. In case there are not enough public school teachers, teachers in private schools, employees in the civil service, or other citizens of known probity and competence who are registered voters of the city or municipality may be appointed for election duty. The Barangay Electoral Board shall be composed by a chairperson, a poll clerk, and a third member. No person shall be appointed as member of the Electoral Board, whether regular, temporary, or as a substitute, unless such person is: (a) Of good moral character and has an irreproachable reputation; (b) Of known integrity and competence; (c) A registered voter; (d) Has never been convicted of any election offense or of any crime punishable by more than six (6) months of imprisonment; (e) Able to speak and write English and either Filipino or the local dialect. No person who is an incumbent barangay official may be appointed as member of the Barangay Electoral Board for the same barangay. Neither may any person be appointed as member of the Barangay Electoral Board if he or she is a candidate to be voted for in the polling place of assignment or if such person is related within the fourth (4th) civil degree of consanguinity or affinity a candidate to be voted for in the polling place of assignment or to said candidate's spouse. In no case shall any of the members of the Barangay Electoral Board be related within the fourth (4th) civil degree of consanguinity or affinity to any other member of the same board. Members of the Barangay Electoral Board are prohibited from engaging, directly or indirectly, in any partisan political activity or take part in the election except to vote and discharge their election duties.

(2) The Barangay Electoral Boards shall supervise and conduct the election in their respective polling places, count the votes and thereafter prepare the election returns and such other documents required by the Commission.

SEC. 314. Election returns for the barangay and sangguniang kabataan

elections. - For the barangay elections, the Barangay Electoral Boards shall prepare four copies of the Election Returns. The first copy shall be delivered immediately to the Barangay Board of Canvassers. The second copy shall be delivered to the election officer, the third copy must be deposited inside the ballot box; and the fourth copy shall be delivered to the secretary of the sangguniang barangay. For the sangguniang kabataan elections, the Barangay Electoral Boards shall prepare separate election returns in three (3) sets. The first copy shall be delivered immediately to the Barangay Board of Canvassers. The second copy shall be delivered to the election officer, the third copy must be deposited inside the ballot box.

SEC. 315. Polling places. - The Commission, through the election officer, shall

designate the appropriate public schools or any other public buildings to be used as polling places, taking into consideration the convenience and safety of the voters. To the extent practicable, the polling place should be within the barangay whose officials are being elected and should be as centrally located as possible therein.

SEC. 316. Official barangay ballots. - The official barangay ballots shall be

provided by the Commission. There shall be separate ballots for the barangay elections and for the sangguniang kabataan elections. The Barangay Electoral Board Chairperson shall, in the presence of the voter and before giving the ballot to the voter, authenticate the same by affixing his or her signature at the back thereof. Failure to authenticate shall be noted in the Minutes and shall constitute an election offense but will not invalidate the ballot. Further, in no case shall the Chairperson pre-sign at the back of the ballot prior to its actual issuance to the voters.

SEC. 317. Ballot boxes, - The Commission shall provide the ballot boxes for

each precinct or clustered precinct as the case may be. The Commission shall promulgate the necessary rules to ensure that the sanctity of the ballots is preserved.

SEC. 318. Manner of preparing the ballot. - The voter, upon receiving his

folded ballot, shall forthwith proceed to the designated voting area and shall there fill his ballot by writing in the proper space for each office the name of the individual candidate for whom he desires to vote. The voter shall use the ballot secrecy folder or similar covering material or device supplied by the Commission. After the voter has filled his ballot, he or she shall fold it in the same manner as when he received it and return it to the chairperson of the barangay electoral board. The Commission shall prescribe the necessary rules and regulations to ensure that the secrecy of the ballots shall be preserved the entire time during the conduct of the voting and that no spurious ballots may be placed into the ballot box.

SEC. 319. Spoiled ballots. - If a voter should accidentally spoil or deface a

2 ballot in such a way that it cannot lawfully be used, he shall surrender if folded to the chairperson who shall note in the corresponding space in the voting record that said ballot is spoiled. The voter shall then be entitled to another ballot which the 5 chairperson shall give him after announcing the serial number of the second ballot and recording said serial number in the corresponding spaces in the voting record. If 7 the second ballot is again spoiled or defaced in such a way that it cannot lawfully be used, the same shall be surrendered to the chairman and recorded in the same manner as the first spoiled or defaced ballot. However, no voter shall change his ballot more than twice. The spoiled ballot shall, without being unfolded and without removing the detachable coupon, be distinctly marked with the word "spoiled" and signed by the board of election inspectors on the endorsement fold thereof and immediately placed in the compartment for spoiled ballots.

SEC. 320. Counting of Votes. The counting of votes shall be made in the

following manner: the electoral board shall unfold the ballots and form separate piles of one hundred ballots each, which shall be held together with rubber bands, with cardboard of the size of the ballots to serve as folders. The chairperson of the barangay electoral board shall take the ballots of the first pile one by one and read the names of candidates voted for and the offices for which they were voted in the order in which they appear thereon, assuming such a position as to enable all of the watchers to read such names. The chairperson shall sign and affix his right hand thumbmark at the back of the ballot immediately after it is counted. The poll clerk, and the third member, respectively, shall record on the election returns and the tally board or sheet each vote as the names voted for each office are read. Each vote shall be recorded by a vertical line, except every fifth vote which shall be recorded by a diagonal line crossing the previous four vertical lines. After finishing the first pile of ballots, the barangay electoral board shall determine the total number of votes recorded for each candidate, the sum being noted on the tally board or sheet and on the election returns. In case of discrepancy such recount as may be necessary shall be made. The ballots shall then be grouped together again as before the reading. Thereafter, the same procedure shall be followed with the second pile of ballots and so on successively. After all the ballots have been read, the barangay electoral board shall sum up the totals recorded for each candidate, and the aggregate sum shall be recorded both on the tally board or sheet and on the election returns. It shall then place the counted ballots in an envelope provided for the purpose, which shall be closed signed and deposited in the compartment for valid ballots. The tally board or sheet as accomplished and certified by the barangay electoral board shall not be changed or destroyed but shall be kept in the compartment for valid ballots. In reading the individual official ballots during the counting, the chairperson, the poll clerk and the third member shall assume such positions as to provide the watchers, as may be conveniently accommodated in the polling place, an unimpeded view of the ballot being read by the chairman, of the election return and the tally board being simultaneously accomplished by the poll clerk and the third member

respectively, without touching any of these election documents. The table shall be cleared of all unnecessary writing paraphernalia. Any violation of this requirement shall constitute an election offense. As may be necessary, the Commission shall promulgate supplemental rules and guidelines that the Barangay Electoral Boards shall observe in the counting of votes to the end that the counting of votes shall be done in an expeditious, transparent, and accurate manner.

SEC. 321. Appreciation of Ballots. - In the appreciation of the ballots, every

ballot shall be presumed valid unless there is clear and good reason to justify its rejection. Any question on the appreciation of ballots shall be decided by a majority of the members of the barangay electoral board. No watcher, candidate, or any other person shall be allowed to participate in the appreciation of ballots, except that any watcher may file a protest which shall be recorded in the Minutes. The barangay electoral board shall observe the following rules for the appreciation of ballots, bearing in mind that the objective of the election is to obtain the expression of the voter's will: (1) Where only the first name of a candidate or only his surname is written, the vote for such candidate is valid, if there is no other candidate with the same first name or surname for the same office. (2) Where only the first name of a candidate is written on the ballot, which when read, has a sound similar to the surname of another candidate, the vote shall be counted in favor of the candidate with such surname. If there are two or more candidates with the same full name, first name or surname and one of them is the incumbent, and on the ballot is written only such full name, first name or surname, the vote shall be counted in favor of the incumbent. • In case the candidate is a woman who uses her maiden or married surname (3) or both and there is another candidate with the same surname, a ballot bearing only such surname shall be counted in favor of the candidate who is an incumbent. (4) When two or more words are written on the same line on the ballot, all of which are the surnames of two or more candidates, the same shall not be counted for any of them, unless one is a surname of an incumbent who has served for at least one year in which case it shall be counted in favor of the latter. (5) When two or more words are written on different lines on the ballot all of which are the surnames of two or more candidates bearing the same surname for an office for which the law authorizes the election of more than one and there are the same number of such surnames written as there are candidates with that surname, the vote shall be counted in favor of all the candidates bearing the surname. (6) When on the ballot is written a single word which is the first name of a candidate and which is at the same time the surname of his opponent, the vote shall be counted in favor of the latter.

(7) When two words are written on the ballot, one of which is the first name of the candidate and the other is the surname of his opponent, the vote shall not be counted for either. (8) A name or surname incorrectly written which, when read, has a sound similar to the name or surname of a candidate when correctly written shall be counted in his favor; (9) When a name of a candidate appears in a space of the ballot for an office for which he is a candidate and in another space for which he is not a candidate, it shall be counted in his favor for the office for which he is a candidate and the vote for the office for which he is not a candidate shall be considered as stray, except when it is used as a means to identify the voter, in which case, the whole ballot shall be void. (10) When in a space in the ballot there appears a name of a candidate that is erased and another clearly written, the vote is valid for the latter. (11) The erroneous initial of the first name which accompanies the correct surname of a candidate, the erroneous initial of the surname accompanying the correct first name of a candidate, or the erroneous middle initial of the candidate shall not annul the vote in favor of the latter. (12) The fact that there exists another person who is not a candidate with the first name or surname of a candidate shall not prevent the adjudication of the vote of the latter. (13) Ballots which contain prefixes such as "Sr.", "Mr.", "Datu", "Don", "Ginoo", "Hon.", "Gob." or suffixes like "Hijo", "Jr.", "Segundo", are valid. (14) The use of the nicknames and appellations of affection and friendship, if accompanied by the first name or surname of the candidate, does not annul such vote, except when they were used as a means to identify the voter, in which case the whole ballot is invalid: Provided, That if the nickname used is unaccompanied by the name or surname of a candidate and it is the one by which he is generally or popularly known in the locality, the name shall be counted in favor of said candidate, if there is no other candidate for the same office with the same nickname. (15) Any vote containing initials only or which is illegible or which does not sufficiently identify the candidate for whom it is intended shall be considered as a stray vote but shall not invalidate the whole ballot. (16) If on the ballot is correctly written the first name of a candidate but with a different surname, or the surname of the candidate is correctly written but with different first name, the vote shall not be counted in favor of any candidate having such first name and/or surname but the ballot shall be considered valid for other candidates. (17) Any ballot written with crayon, lead pencil, or in ink, wholly or in part, shall be valid. (18) Where there are two or more candidates voted for in an office for which the law authorizes the election of only one, the vote shall not be counted in favor of any of them, but this shall not affect the validity of the other votes therein. (19) If the candidates voted for exceed the number of those to be elected, the ballot is valid, but the votes shall be counted only in favor of the candidates whose names were firstly written by the voter within the spaces provided for said office in the ballot until the authorized number is covered.

(20) Any vote in favor of a person who has not filed a certificate of candidacy or in favor of a candidate for an office for which he did not present himself shall be considered as a stray vote but it shall not invalidate the whole ballot. (21) Ballots containing the name of a candidate printed and pasted on a blank space of the ballot or affixed thereto through any mechanical process are totally null and void. (22) Circles, crosses or lines put on the spaces on which the voter has not voted shall be considered as signs to indicate his desistance from voting and shall not invalidate the ballot. (23) Unless it should clearly appear that they have been deliberately put by the voter to serve as identification marks, commas, dots, lines, or hyphens between the first name and surname of a candidate, or in other parts of the ballot, traces of the letter "T", "J", and other similar ones, the first letters or syllables of names which the voter does not continue, the use of two or more kinds of writing and unintentional or accidental flourishes, strokes, or strains, shall not invalidate the ballot. (24) Any ballot which clearly appears to have been filled by two distinct persons before it was deposited in the ballot box during the voting is totally null and void. (25) Ballots wholly written in Arabic in localities where it is of general use are valid. To read them, the barangay electoral board may employ an interpreter who shall take an oath that he shall read the votes correctly. (26) The accidental tearing or perforation of a ballot does not annul it. (27) Failure to remove the detachable coupon from a ballot does not annul such ballot.

SEC. 322. The barangay board of canvassers. -

(1) There shall be one barangay board of canvassers in each barangay to canvass the election returns for both the barangay and sangguniang kabataan elections and thereafter to proclaim the winning candidates. The Commission, through the election officer, shall constitute the barangay board of canvassers at least ten days before the election. The barangay board of canvassers shall be composed of a Chairperson, Vice-Chairperson and Member-Secretary. The members of the barangay board of canvassers shall possess the same qualifications as those of the members of the barangay electoral board. They shall likewise be subject to the same disqualifications set forth in this Code for members of the barangay electoral board. In the appointment of the members of the barangay board of canvassers, the election officer shall give preference to public school teachers. In case there are not enough public school teachers, teachers in private schools, employees in the civil service, or other citizens of known probity and competence who are registered voters of the city or municipality may be appointed for election duty. In a barangay with only one (1) barangay electoral board, said board shall convert itself as the barangay board of canvassers. In case the number of persons qualified to serve as members of the barangay board of canvassers is

inadequate, the Commission shall designate the chairperson and members of the barangay board of canvassers from among the barangay electoral boards. In no case shall any of the members of the Barangay Electoral Board be related within the fourth (4th) civil degree of consanguinity or affinity to any other member of the same board. 2) The Commission shall have direct supervision and control over the baranga oard of canvassers or anv sub-canvassina unit that the commission ma' constitute. (3) At least five (5) days before the meeting of the barangay board of canvassers, the Chairperson shall give notice of the date, time, and place of its meeting to all members thereof, including any sub-canvassing units, and to each candidate. (4) The barangay board of canvassers shall meet immediately after the close of voting in the voting center that is most accessible, as determined by the election officer. After canvassing the results from the various polling places within the barangay, in accordance with the rules laid down by the Commission, the barangay board of canvassers shall proclaim the winners. The board of canvassers shall accomplish the certificate of canvass and proclamation in four copies on a form to be prescribed by the Commission. The original of the certificate shall be sent to the election officer concerned, the second copy shall be delivered to the winning candidate for Punong Barangay or Chairperson of the Sangguniang Kabataan, the third copy to the secretary of the sangguniang bayan or sangguniang panglunsod, as the case may be, and the fourth copy shall be kept on file by the secretary of the sangguniang barangay. (5) The Commission shall promulgate rules and regulations to guarantee the safekeeping of canvassed election returns and to ensure an expeditious, accurate, and honest canvassing of votes and proclamation of winning candidates.

SEC. 323. Watchers. - Every candidate for the Barangay and sangguniang

kabataan Elections shall be entitled to one (1) watcher in every polling place or canvassing center. Duly accredited citizen's arms of the Commission shall be entitled to appoint a watcher in every polling place or canvassing center. Other civic, professional, business, service, youth, and any other similar organization, with prior authority if the Commission, shall be entitled collectively to appoint one watcher in every polling place. Preference shall be given to the watchers of the citizens' arms and punong barangay and sangguniang kabataan chairperson candidates, in case the space reserved for watchers is not sufficient. The watchers for the barangay or sangguniang kabataan shall have, to the extent practicable, the same qualifications, disqualifications, rights, duties, and privileges set forth in this Code for watchers in the national and local elections.

SEC. 324. Funding. - The Commission shall be responsible for defraying the

expenses relative to the conduct of the barangay and sangguniang kabataan elections

including, but not limited to, of the members of the electoral board, board of canvassers and the printing of election forms and procurement of other election paraphernalia, and the installation of polling booths. Article 30 Recall Elections

SEC. 325. Initiation of the Recall Process. - The recall process may be initiated

by either a valid resolution by a preparatory recall assembly as provided for under

Section 70 of RA No. 7160, or by a petition signed by at least twenty-five percent

(25%) of the total number of registered voters in the local government unit concerned during the election in which the local official sought to be recalled was elected. In case the recall process is initiated by petition, the same must be signed in a public place, before the election officer or his representative and in the presence of a representative of the petitioners and of the official sought to be recalled. In case the recall process involves a provincial or district official, the petition shall be signed before the election officer of the city or municipality where the person signing the same is registered as a voter during the last local election. Signature stations may be established in as many places as may be warranted. The resolution or petition shall be filed with the election officer in cases involving municipal or city officials and with the provincial election supervisor in cases involving provincial or district officials.

SEC. 326. Verification of the sufficiency of the petition. - After the filing of the

petition, the election officer or provincial election supervisor concerned shall immediately transmit a digital and physical copy thereof to the Commission. The Commission shall cause the publication of the petition in a newspaper of general circulation in the local government unit concerned, if available. If such newspaper is not available, then in a newspaper of general circulation in the province or region where said local government unit is located. Such publication must state the full names of those who signed the petition. At the same time, the Commission shall require a report under oath from the election officers containing the following matters, among others: (1) The number of petitioners who were registered voters during the last local election and who signed the petition in the presence of the election officer or his representatives; (2) The total number of registered voters in the municipality or city in the last local election; Any person who did not sign the petition but whose name or apparent signature appears thereon shall inform the election officer of such fact. Upon presentation of such person's proof of identity, the election officer shall consider such person as not

1 having signed the petition: Provided, That the person who shall forge or simulate the 2 signature of another shall be guilty of an election offense. The election officer shall submit aforesaid report within fifteen (15) days from receipt of order for submission. After the submission of the reports from the election officer, the Commission shall, within ten (10) days, determine whether at least twenty- 7 five percent (25%) of the total number of registered voters in the local government 8 unit concerned have signed the petition. In case aforesaid threshold is met, the 9 Commission shall announce the acceptance of candidates to the position involved. If said threshold is not met, the Commission shall dismiss the petition.

SEC. 327. Verification of sufficiency of the resolution. - If the recall process is

initiated by resolution, the election officer, or, in case of provincial or district officials, 14 the provincial election supervisor, shall submit a verified report to the Commission as 15 to whether the requirements under Section 70 of RA No. 7160 were met. The Commission shall then require the official subject of the recall and the proponents of such recall to file a comment on the report of the election officer/s within five (5) days. Within ten (10) days from the submission of the last pleading, the Commission shall decide whether the recall election will be held.

SEC. 328. Election on Recall. - In case of sufficiency of the petition or

resolution, the Commission shall set the date of the election on recall, which shall not be later than forty-five (45) days after the filing of the resolution or petition for recall in the case of the Barangay officials; sixty (60) days in the case of municipal or city official; and seventy-five (75) days in case of district or provincial officials. The official or officials sought to be recalled shall automatically be considered as duly registered candidate or candidates to the pertinent positions and, like other candidates, shall be entitled to be voted upon. The Commission shall set the election and campaign periods therefor.

SEC. 329. Effectivity of Recall. - The recall of an elective local official shall be

effective only upon the election and proclamation of a successor in the person of the candidate receiving the highest number of votes cast during the election on recall. Should the official sought to be recalled receive the highest number of votes, confidence in him is thereby affirmed, and he shall continue in office.

SEC. 330. Prohibition from Resignation. - The elective local official sought to

be recalled shall not be allowed to resign while the recall process is in progress.

SEC. 331. Limitations on Recall. -

(a) Any elective local official may be the subject of a recall election only once during his term of office for loss of confidence; (b) No recall shall take place within one (1) year from the date of the official's assumption to office or one (1) year immediately preceding a regular local election.

SEC. 332. Conduct of Recall Election. - The conduct of recall elections shall be

2 governed, to the extent feasible, by Articles 7, 8, 9, 10, 11, 13, 14, 15, 16, 17, 20, 21, 3 and 22 of this Code: Provided, however, That in case the recall elections pertain to a 4 barangay official, the voting, counting, and canvassing of votes therein shall be 5 governed by Article 29 of this Code. The Commission shall promulgate such rules and regulations as may be 8 necessary to ensure that the recall elections are conducted in free, orderly, honest, 9 transparent, and credible manner. CHAPTER VIII PLEBISCITE, REFERENDUM AND INITIATIVE Article 31 Plebiscites

SEC. 333. Supervision and control. - The Commission shall have direct

supervision and control over the conduct of the plebiscites.

SEC. 334. Expenses and election forms and paraphernalia. - Unless the

contrary is provided by the law calling for the plebiscite, the expenses in holding such plebiscite, which shall include the printing of official ballots, plebiscite returns and other forms; the procurement of supplies and paraphernalia; the honoraria, allowances, service credits and other benefits of the members of the Plebiscite Committee (PlebCom) and their support staff, the plebiscite board of canvassers, sub- canvassing groups, if any, and their support staff; other operational and incidental expenses; and the costs of publication of resolutions and information materials, shall be borne by the local government unit or units affected.

SEC. 335. Information campaign. - The Commission, in coordination with the

local government units affected, shall launch an extensive information campaign within such period as the Commission may find sufficient and reasonable to properly inform the voters of the issues involved in the plebiscite.

SEC. 336. Right of government officials and employees to express opinion for

or against the ratification. - All government officials and employees as well as those in government-owned or controlled corporations with original charters, may publicly express their opinions on any issues related to the plebiscite.

SEC. 337. Prohibition on Commission officials, employees and its deputies. -

In order to maintain an independent and non-partisan status, all Commission officials and its deputies are prohibited from publicly expressing their opinion on any issue related to the plebiscite.

SEC. 338. Who may participate. - All registered voters of the local government

unit/s affected by the plebiscite, as of the immediately preceding hearing of the Election Registration Board, may participate in the plebiscite.

SEC. 339. Plebiscite Committees (PlebComs). - The election officer/s of the

2 municipalities and cities covered by the plebiscite or where the barangay subject of the plebiscite is located shall constitute and appoint PlebComs for every clustered/grouped precinct. The PlebCom shall be composed of a Chairman and two 5 (2) members, one of whom shall be designated as Poll Clerk, and the other as Third Member. The members of the PlebComm shall have the same qualifications and shall be subject to the same disqualifications, whenever applicable, as the members of the Electoral Board. They shall be entitled to such allowances and honoraria as the Commission deems just and reasonable under the circumstances. The PlebCom shall have the following powers and duties: (a) Supervise and conduct the voting in the polling places; (b) Count the votes and thereafter prepare the plebiscite returns and other required documents/reports and distribute the same as herein provided; (c) Furnish watchers certificate of votes upon request; (d) Act as deputies of the Commission in the supervision and control of the plebiscite in the polling places wherein they are assigned to ensure the holding of free, orderly, honest, peaceful and credible plebiscite; (e) Maintain order within the polling place and its premises, to keep access thereto, open and unobstructed, and to enforce obedience to its lawful orders; and (f) Perform such other functions/duties as may be prescribed by the Commission. If any person shall refuse to obey lawful orders of the PlebCom or shall conduct himself in a disorderly manner in its presence or within its hearing thereby interrupting or disturbing its proceedings, the PlebCom may issue an order in writing directing any peace officer to take such person into custody until the adjournment of the meeting, but such order shall not be executed as to prevent the person so taken into custody from exercising his right to vote. Such order shall be executed by any peace officer to whom it may be delivered, but if none is present, by any other person deputized by the PlebCom in writing. No member of the PlebCom shall, directly or indirectly, take part in the plebiscite, except to discharge the Member's duties as such, and to vote.

SEC. 340. Proceedings of the PlebCom. - The meeting of the PlebCom shall be

public and shall be held in the polling place authorized by the Commission.

SEC. 341. Functioning of the PlebCom. - The PlebCom shall act through its

Chairperson, and shall decide without delay by majority vote all questions which may arise in the performance of its duties.

SEC. 342. Temporary vacancies. - If, at the time of the meeting of the

PlebCom, any member is absent, or the office is still vacant, the members present shall call upon the substitute of the absent members to perform the duties of the absent members, and in case such substitute cannot be found, the members present shall appoint any non-partisan registered voter of the polling place to temporarily fill

1 the vacancy until the absent member appears or the vacancy is filled. In case there 2 are two members present they shall act jointly.

SEC. 343. Plebiscite Board of Canvassers, their compositions; functions. - The

5 Commission shall constitute the plebiscite board/s of canvassers as may be necessary for a particular plebiscite. The composition of the municipal, city, provincial, district, 7 or regional plebiscite board of canvassers, as the case may be, shall be the same as & that of the board of canvassers under Section 223 of this Code. In case of barangay 9 plebiscites, the Commission shall determine the composition of the barangay plebiscite 10 board of canvassers. The plebiscite board of canvassers shall be responsible for canvassing the 13 plebiscite returns submitted by the PlebCom and for preparing the certificate of 14 canvass of votes. The highest-level plebiscite board of canvassers in a particular 15 plebiscite shall proclaim the result of such plebiscite.

SEC. 344. Right to be present and to counsel. - Proponents or oppositors, if

any, have the right to be present and to counsel during the canvass of the returns. Only one counsel shall argue for the proponents or oppositors. In case there are several counsels for the proponents or oppositors, they shall agree among themselves who will argue for them.

SEC. 345. Watchers; rights and duties. - The proponents and oppositors, and

the citizens' arm of the Commission, may appoint watchers during the voting, counting and canvassing. The proponents, oppositors and citizens' arm shall have not more than one (1) watcher assigned in every polling place. For this purpose, the proponents or oppositors shall file a petition with the Commission for authority to field watchers during the voting, counting and canvassing. A person who is not a registered voter of the municipality, of questionable reputation, or who has been convicted of an election offense or any other crime shall not be appointed as watcher. Barangay officials, including barangay tanods, are disqualified to serve as watchers. The watchers shall have the right to: (a) be present at, and take note of all the proceedings; (b) read the ballot/plebiscite returns/certificates of canvass without touching them; and (c) file a protest against any irregularity noted in the ballot/plebiscite return/certificates of canvass or in the proceedings of the PlebCom or board of canvassers, as the case maybe, and obtain the resolution thereon in writing. The watcher shall not be allowed to participate in the deliberation of the Board. The provisions of Article 15 pertaining to watchers for the national and local elections shall apply whenever practicable.

SEC. 346. Rules and regulations pertaining to a plebiscite. - The Commission

2 shall promulgate the rules and regulations in the conduct of each plebiscite, applying, to the extent feasible, the provisions of Article 11, concerning the Hybrid Election System; Articles 13 and 16, pertaining to the polling places and official ballots, 5 respectively; and Articles 17, 20, and 21 on the casting, counting, and canvassing of 6 votes, to the end that a free, orderly, honest, transparent, and credible plebiscite is 7 conducted. Article 32 National Initiative and Referendum

SEC. 347. Who may exercise. - The power of national initiative and referendum

may be exercised by all registered voters and the country.

Section 348. Requirements for a National Initiative or Referendum. - To

exercise the power of initiative to enact a national legislation or the power of referendum to approve or reject a statute, at least ten per centum (10%) of the total number of the registered voters, of which every legislative district is represented by at least three per centum (3%) of the registered voters thereof, shall sign a petition for the purpose and register the same with the Commission. The petition shall state the following: (1) contents or text of the proposed law sought to be enacted, approved or rejected, amended or repealed, as the case may be; (2) the proposition; (3) the reason or reasons therefor; (4) that it is not one of the exceptions provided herein; (5) signatures of the petitioners or registered voters; and (6) an abstract or summary in not more than one hundred (100) words which shall be legibly written or printed at the top of every page of the petition.

SEC. 349. Procedure in National Initiative or Referendum. - Within a period of

thirty (30) days from receipt of the petition, the Commission shall, upon a preliminary determination of the sufficiency of the petition, publish the same in Filipino and English at least twice in newspapers of general and local circulation. The Commission shall then order the election officers to verify the signatures on the basis of the registry list of voters and the voter registration records used in the immediately preceding election. Within thirty (30) days from receipt of the order to verify the signatures, the election officers shall submit a report on the result of the verification to the provincial election supervisor. The election supervisor concerned shall, within forty-eight (48) hours from receipt of all the reports from the election officers, submit to the Commission a report on the results of the verification per legislative district. Within fifteen (15) days from receipt of all the reports of the provincial election supervisors, the Commission shall make a final finding as to the sufficiency of the petition. Should the Commission determine that the petition is sufficient in form and substance, it shall set the date of the initiative or referendum which shall not be earlier

1 than forty-five (45) days but not later than ninety (90) days from the determination 2 by the Commission of the sufficiency of the petition.

SEC. 350. Effectivity of a National Initiative or Referendum Proposition. - The

proposition of the enactment, approval, amendment or rejection of a national law shall be submitted to and approved by a majority of the votes cast by all registered voters. If, as certified to by the Commission, the proposition is approved by a majority of the votes cast, the national law proposed for enactment, approval, or amendment shall become effective fifteen (15) days following completion of its publication in the Official Gazette or in a newspaper of general circulation in the Philippines. If, as certified by the Commission, the proposition to reject a national law is approved by a majority of the votes cast, the said national law shall be deemed repealed and the 14 repeal shall become effective fifteen (15) days following the completion of publication 15 of the proposition and the certification by the Commission in the Official Gazette or in a newspaper of general circulation in the Philippines. However, if the majority vote is not obtained, the national law sought to be rejected or amended shall remain in full force and effect.

SEC. 351. Prohibited Measures in a National Initiative or Referendum. - The

following cannot be the subject of an initiative or referendum petition: (a) A petition embracing more than one (1) subject; (b) Statutes involving emergency measures, the enactment of which are specifically vested in Congress by the Constitution, unless such statues have been in effect for at least ninety (90) days; (c) Appropriation, revenue or tariff measures, those authorizing increase of the public debt, bills or laws of local application, and private bills or laws; or (d) Any other measure which is prohibited under the Constitution.

SEC. 352. Referendum initiated by Congress. - The Congress may, by at least

a twenty-five percent (25%) vote of both Houses, voting separately, submit to the registered voters for the approval or rejection of any law or resolution duly enacted or approved: Provided, That the prohibited measures enumerated in the preceding section shall not be subject to a referendum initiated by Congress. Said referendum shall be held under the control and direction of the Commission within ninety (90) days from submission of the resolution by both house of Congress that aforesaid law or resolution shall be submitted for referendum. The Commission shall certify and proclaim the results of the said referendum Article 33 Local Initiative and Referendum

SEC. 353. Who may exercise. - The power of local initiative and referendum

may be exercised by all voters registered in the region, province, city, municipality, or

1 barangay concerned, and by the autonomous regions, provinces, cities, municipalities, 2 and barangays.

SEC. 354. Procedure and Requirements in Local Initiative and Referendum. -

6 (a) Not less than two thousand (2,000) registered voters in case of autonomous regions, one thousand (1,000) in case of provinces and cities, one hundred (100) in case of municipalities, and fifty (50) in case of barangays, may file a petition with the Regional Assembly or local legislative body, respectively, proposing the adoption, enactment, repeal, or amendment, of any law, ordinance or resolution. 11 (b) If no favorable action thereon is made by local legislative body within (30) days from its presentation, the proponents, through their duly authorized representative, may invoke their power of initiative, giving notice thereof to the local legislative body concerned. Thereafter, the proponents shall have one hundred twenty (120) days in case of autonomous regions; ninety (90) days in case of provinces and cities; sixty (60) days in case of municipalities; and thirty (30) days in case of barangays, to file a petition before the Commission with the following number of signatures: (1) In cases involving a legislative measure in an autonomous region, a province or a city, at least ten percent (10%) of the registered voters therein, of which every legislative district must be represented by at least three percent (3%) of the registered voters therein: Provided, however, That if the province or city is composed only of one (1) legislative district, then at least each municipality in a province or each barangay in a city should be represented by at least three percent (3%) of the registered voters therein. (2) In cases involving a legislative measure in a municipality, at least ten percent (10%) of the registered voters in the municipality, of which every barangay is represented by at least three per centum (3%) of the registered voters therein. (3) In cases involving a legislative measure in a barangay resolution, at least ten percent (10%) of the registered voters in said barangay. (c) The petition shall be signed before the election officer, or his or her designated representatives, in the presence of a representative of the proponent, and a representative of the regional assemblies and local legislative bodies concerned in a public place in the autonomous region or local government unit, as the case may be. Signature stations may be established in as many places as may be warranted. (d) Upon the lapse of the period herein provided, the Commission, through its office in the local government unit concerned, shall certify as to whether or not the required number of signatures has been obtained. Failure to obtain the required number is a defeat of the proposition. (e) If the required number of the signatures is obtained, the Commission shall then set a date for the initiative at which the proposition shall be submitted to the registered voters in the local government unit concerned for their approval within ninety (90) days from the date of certification by the Commission, in case of autonomous regions, sixty (60) days in case of the provinces and cities, forty-five (45) days in case of municipalities, and thirty (30) days in case of barangays. The

initiative shall then be held on the date set, after which the results thereof shall be certified and proclaimed by the Commission on Elections.

SEC. 355. Effectivity of Local Propositions. - If, as certified by the Commission,

5 the proposition is approved by a majority of the votes cast, the regional law or local ordinance proposed for enactment, approval, or amendment shall become effective fifteen (15) days following completion of its publication in the Official Gazette or in a newspaper of general circulation in the autonomous region, province, city or municipality, as the case may be. In case of barangay ordinance, the same shall become effective after it has been posted in three (3) conspicuous places in the Barangay continuously for a period of not less than two (2) weeks. If, as certified by the Commission, the proposition to reject a regional law or local ordinance is approved by a majority of the votes cast, the said legislative measure shall be deemed repealed and the repeal shall become effective fifteen (15) days following the completion of publication of the proposition and the certification by the Commission in the Official Gazette or in a newspaper of general circulation in the autonomous region, province, city or municipality, as the case may be. In case of a barangay ordinance, the repeal shall become effective after the proposition and the certification by the Commission has been posted in three (3) conspicuous places in the Barangay continuously for a period of not less than two (2) weeks. However, if the majority vote is not obtained, the regional law or local ordinance sought to be rejected or amended shall remain in full force and effect.

SEC. 356. Limitations on Local Initiative and Referendum. -

(a) The power of local initiative and referendum shall not be exercised more than once a year. (b) Initiative shall extend only to subjects or matters which are within the legal powers of the local legislative bodies to enact. (c) If at any time before the initiative is held, the local legislative body shall adopt in toto the proposition presented, the initiative shall be cancelled. Likewise, if at any time before the referendum is held, the ordinance sought to be rejected is completely repealed, the referendum shall be cancelled.

SEC. 357. Limitations Upon Local Legislative Bodies. - Any proposition or

ordinance or resolution approved, amended, or rejected through the system of initiative and referendum as herein provided shall not be repealed, modified, amended, or re-enacted, as the case may be, by the local legislative body concerned within six (6) months from the date therefrom, and may be amended, modified, repealed, or re-enacted by the local legislative body within three (3) years thereafter by a vote of three-fourths (3/4) of all its members: Provided, however, that in case of barangays, the period shall be one (1) year after the expiration of the first six (6) months.

SEC. 358. Referendum initiated by local legislative bodies. - Any local

legislative body may submit to the registered voters of autonomous region, provinces,

cities, municipalities and barangays for the approval or rejection, any ordinance or resolution duly enacted or approved. Said referendum shall be held under the control and direction of the Commission within sixty (60) days in case of provinces and cities, forty-five (45) days in case of municipalities and thirty (30) days in case of barangays. The Commission shall certify and proclaim the results of the said referendum. Article 34 Initiative to Amend the Constitution

SEC. 359. Requirements for an Initiative to Amend the Constitution. - A

petition for an initiative on the 1987 Constitution must have at least twelve per centum (12%) of the total number of registered voters as signatories, of which every legislative district must be represented by at least three per centum (3%) of the registered voters therein. Initiative on the Constitution may be exercised only once every five (5) years. The petition shall state the following: (1) the particular sentences, phrases, or words in the Constitution sought to be modified or deleted; (2) the Article and Section number where such sentences, phrases, or words are found; (3) the proposed modification or the sentences, phrases, or words sought to be written, if any, in lieu of those which are sought to be deleted. (4) the reason or reasons therefor; (5) signatures of the petitioners or registered voters; and (6) an abstract or summary in not more than one hundred (100) words which shall be legibly written or printed at the top of every page of the petition.

SEC. 360. Procedure in Initiative to Amend the Constitution. - Within a period

of thirty (30) days from receipt of the petition, the Commission shall, upon a preliminary determination of the sufficiency of the petition, publish the same in Filipino and English at least twice in newspapers of general and local circulation. The Commission shall then order the election officers to verify the signatures on the basis of the registry list of voters and the voter registration records used in the immediately preceding election. Within thirty (30) days from receipt of the order to verify the signatures, the election officers shall submit a report on the result of the verification to the provincial election supervisor. The election supervisor concerned shall, within forty-eight (48) hours from receipt of all the reports from the election officers, submit to the Commission a report on the results of the verification per legislative district. Within fifteen (15) days from receipt of all the reports of the provincial election supervisors, the Commission shall make a final finding as to the sufficiency of the petition. Should the Commission determine that the petition is sufficient in form and substance, it shall set the date of the plebiscite which shall not be earlier than ninety (90) days but not later than one hundred and twenty (120) days from the determination by the Commission of the sufficiency of the petition.

SEC. 361. Effectivity of the Amendment. - The proposition in an initiative on

2 the Constitution approved by a majority of the votes cast in the plebiscite shall become effective as to the day of the plebiscite. CHAPTER IX PRE-PROCLAMATION CONTROVERSIES AND ELECTION CONTESTS Article 35 Pre-proclamation Controversies

SEC. 362. Nature of a pre-proclamation controversy. - A pre-proclamation

controversy refers to any question pertaining to or affecting the proceedings of the board of canvassers or barangay board of canvassers, which may be raised by any candidate or by any registered political or sectoral party, sectoral organization, or 15 coalition of political parties before the board or directly with the Commission, or any matter raised under Sections 241, 242, 243, and 244 in relation to the preparation, transmission, receipt, custody and appreciation of the election returns.

SEC. 363. Commission's power to annul or suspend proclamations. - The

Commission may, after due notice and hearing, order the partial or total suspension of the proclamation of any candidate-elect or annul partially or totally any proclamation, if one has been made, if the evidence shall warrant.

SEC. 364. Pre-proclamation Cases Involving Provincial, City and Municipal

Offices. - Pre-proclamation cases involving provincial, city, municipal, and barangay offices shall be allowed and shall be governed by the provisions of this Article. All pre-proclamation cases pending before the Commission shall be deemed terminated at the beginning of the term of the office involved and the rulings of the boards of canvassers concerned shall be deemed affirmed, without prejudice to the filing of a regular election protest by the aggrieved party. However, proceedings may continue when, on the basis of the evidence thus far presented, the Commission determines that the petition appears meritorious and accordingly issues an order for the proceeding to continue or when an appropriate order has been issued by the Supreme Court in a petition for certiorari.

SEC. 365. Pre - proclamation Cases in Elections for President, Vice-President,

Senator, and Member of the House of Representatives. - For purpose of the elections for president, vice - president, senator, and member of the House of Representatives, no pre-proclamation cases shall be allowed on matters relating to the preparation, transmission, receipt, custody and appreciation of election returns or the certificates of canvass, as the case may be, expect as provided for in Section 237 of this Code. However, this does not preclude the authority of the appropriate canvassing body motu propio or upon written complaint of an interested person to correct manifest errors in the certificate of canvass or election returns before it.

Questions affecting the composition or proceedings of the board of canvassers or barangay board of canvassers may be initiated in the board or directly with the Commission. Any objection on the election returns before the barangay, city or municipal board of canvassers, or the municipal or city certificates of canvass before the provincial board of canvassers or district board of canvassers, shall specifically noticed in the minutes of their respective proceeding.

SEC. 366. Issues that may be raised in pre-proclamation controversy. - The

following shall be proper issues that may be raised in a pre-proclamation controversy: (a) Illegal composition or proceedings of the board of canvassers or barangay board of canvassers as the case may be; (b) The canvassed election returns are incomplete, contain material defects, appear to be tampered with or falsified, or contain discrepancies in the same returns or in other authentic copies thereof as mentioned in Sections 241, 242, 243, and 244 of this Code; (c) The election returns were prepared under duress, threats, coercion, or intimidation, or they are obviously manufactured or not authentic; and (d) When substitute or fraudulent returns in controverted polling places were canvassed, the results of which materially affected the standing of the aggrieved candidate or candidates.

SEC. 367. Contested composition or proceedings of the board. - Questions

affecting the composition or proceedings of the board of canvassers or barangay board of canvassers may be initiated in the board of canvassers or barangay board of canvassers, as the case may be, or directly with the Commission. When such issue is initiated before the board of canvassers or barangay board of canvassers, such board shall, within twenty-four hours, make a ruling thereon with notice to the contestant who, if adversely affected, may appeal the matter to the Commission within three (3) days from a ruling thereon. The Commission shall summarily decide the case within five (5) days from filing thereof.

SEC. 368. Correction of Manifest Errors. - A pre-proclamation case may be

filed directly with the Commission when the issue involves the correction of manifest errors in the tabulation or tallying of election returns, or certificates of canvass, during the canvassing as where: (a) a copy of the election returns or certificate of canvass was tabulated more than once; (b) two or more copies of the election returns of one precinct, or two or more copies of certificate of canvass were tabulated separately; (c) there has been a mistake in the copying of the figures into the statement of votes or into the certificate of canvass; or (d) there has been any other palpable and incontrovertible error analogous to the foregoing.

SEC. 369. Contested election returns. - Matters raised under Sections 242,

243, and 244 of this Code in relation to the preparation, transmission, receipt, custody and appreciation of the election returns, and the certificates of canvass shall be brought in the first instance before the board of canvassers. (a) Any candidate, political party, coalition of political parties, or party-list group contesting the inclusion or exclusion in the canvass of any election returns on any of the grounds authorized under this Article or under Sections 242, 243, or 244 of this Code shall submit their oral objection to the chairman of the board of canvassers at the time the questioned return is presented for inclusion in the canvass. Such objection shall be recorded in the minutes of the canvass. (b) Upon receipts of any such objection, the board of canvassers shall automatically defer the canvass of the contested returns and shall proceed to canvass the returns which are not contested by any party. (c) Simultaneous with the oral objection, the objecting party shall also enter his objection in the form for written objections to be prescribed by the Commission. Within twenty-four (24) hours from and after the presentation of such an objection, the objecting party shall submit the evidence in support of the objection, which shall be attached to the form for written objections. Within the same period of twenty-four (24) hours after presentation of the objection, any party may file a written and verified opposition to the objection in the form also to be prescribed by the Commission, attaching thereto supporting evidence, if any. The board shall not entertain any objection or opposition unless reduced to writing in the prescribed forms. The evidence attached to the objection or opposition, submitted by the parties, shall be immediately and formally admitted into the records of the board by the chairman affixing his signature at the back of each and every page thereof. (d) Upon receipt of the evidence, the board shall take up the contested returns, consider the written objections thereto and opposition, if any, and summarily and immediately rule thereon. The board shall enter its ruling on the prescribed form and authenticate the same by the signatures of its members. (e) Any party adversely affected by the ruling of the board shall immediately inform the board if he or she intends to appeal said ruling. The board shall enter said information in the minutes of the canvass, set aside the returns and proceed to consider the other returns. (f) After all the uncontested returns have been canvassed and the contested return ruled upon by it, the board shall suspend the canvass. Within forty-eight (48) hours, therefrom, any party adversely affected by the ruling may file with the board a written and verified notice of appeal; and within an unextendible period of five (5) days thereafter an appeal may be taken to the Commission. (g) Immediately upon receipt of the notice of appeal, the board shall make an appropriate report to the Commission, elevating therewith the complete records and evidence submitted in the canvass, and furnishing the parties with copies of the report. (h) On the basis of the record and evidence elevated to it by the board, the Commission shall decide summarily the appeal within seven (7) days from receipt of said record and evidence. Any appeal brought before the Commission

on the ruling of the board, without the accomplished forms and the evidence appended thereto, shall be summarily dismissed. The decision of the Commission shall be executory after the lapse of seven (7) days from receipts thereof by the losing party unless restrained by the Supreme Court. (1) The board of canvassers shall not proclaim any candidate as winner unless authorized by the Commission after the latter has ruled on the object brought to it on appeal by the losing party. Any proclamation made in violation hereof shall be void ab initio, unless the contested returns will not adversely affect the results of the election.

SEC. 370. Summary Disposition of Pre-proclamation Controversies. - All pre-

proclamation controversies on election returns or certificates of canvass shall, on the basis of the records and evidence elevated to it by the board of canvassers, be disposed of summarily by the Commission within seven (7) days from receipt thereof. Its decisions shall be executory after the lapse of seven (7) days from receipt by the losing party of the decision of the Commission, unless restrained by the Supreme Court.

SEC. 371. Partial proclamation. - Notwithstanding the pendency of any pre-

proclamation controversy, the Commission may summarily order the proclamation of other winning candidates whose election will not be affected by the outcome of the controversy.

SEC. 372. Effect of filing petition to annul or to suspend the proclamation. -

The filing with the Commission of a petition to annul or to suspend the proclamation of any candidate shall suspend the running of the period within which to file an election protest or quo warranto proceedings. Article 36 Election Contests

SEC. 373. Jurisdiction of the Commission. - The Commission shall be the sole

judge of all contests relating to the elections, returns, and qualifications of all elective regional, provincial, and city officials, and appellate jurisdiction over all contests involving elective municipal officials decided by trial courts of general jurisdiction, or involving elective barangay officials decided by trial courts of limited jurisdiction.

SEC. 374. How initiated. - An election contest is initiated by the filing of an

election protest or a petition for quo warranto against an elective official. An election protest shall not include a petition for quo warranto, nor shall a petition for quo warranto include an election protest.

SEC. 375. Election protests for municipal and barangay offices. - A verified

petition contesting the election or returns of an elective municipal or barangay official shall be filed with the proper regional trial court or municipal trial court, as the case may be, by any candidate who was voted for the same office and who received the

the official results of the election contained in the Statement of Votes By Precinct, within ten days from the date of proclamation. The party filing the protest shall be designated as the protestant; the adverse party shall be known as the protestee. The petition shall be accompanied by a certification against forum-shopping. Each contest shall refer exclusively to one office; however, contests for offices of Sangguniang Bayan or Sangguniang Barangay may be consolidated in one case.

SEC. 376. Election protests for regional, provincial, and city offices. - A verified

petition contesting the election or returns of a regional, provincial, or city elective official shall be filed with the Commission by any candidate who was voted for the same office and who received the second or third highest number of votes or, in a multi-slot position, was among the next four candidates following the last-ranked winner duly proclaimed, as reflected in the official results of the election contained in the Statement of Votes By Precinct, within ten days from the date of proclamation. The party filing the protest shall be designated as the protestant; the adverse party shall be known as the protestee. The petition shall be accompanied by a certification against forum-shopping. Each contest shall refer exclusively to one office; however, contests for offices of Sangguniang Panlalawigan, Sangguniang Panglungsod, or Parliaments of Autonomous Regions may be consolidated in one case.

SEC. 377. Grounds for election protests. - An election protest shall be

grounded on fraud or irregularities committed in the conduct of the elections, the casting and counting of the ballots, the transmission of results, and the preparation and canvassing of returns. The issue in every election protest shall always be who, among the candidates, obtained the plurality of valid votes cast.

SEC. 378. Petition for quo warranto. - Any registered voter contesting the

election of any regional, provincial, or city official on the ground of ineligibility or of disloyalty to the Republic of the Philippines shall file a verified petition for quo warranto with the Commission within ten days after the proclamation of such official. Any registered voter contesting the election of any municipal or barangay official on the ground of ineligibility or of disloyalty to the Republic of the Philippines shall file a verified petition for quo warranto with the regional trial court or first level court, respectively, within ten (10) days after the proclamation of such official. The petitions referred to in this section shall be accompanied by a certification against forum-shopping.

SEC. 379. Procedure in election contests. - The Commission shall prescribe the

rules that shall govern the procedure in election contests involving elective regional, provincial, and city positions not later than sixty days before such elections. The Court

shall prescribe the rules that shall govern election contests pertaining to elective municipal and barangay positions. The rules prescribed by the Commission and the Court shall provide simple and inexpensive procedures for the expeditious and just disposition of election contests. Such procedures shall be published in at least two newspapers of general circulation.

SEC. 380. Issuance of precautionary protection order. - Where the allegations

in a protest so warrant, the court or the Commission, as the case may be, shall order, simultaneously with the issuance of summons, the treasurer and election officer concerned to take immediate and appropriate measures to safeguard the integrity of all the ballot boxes, the ballots, the lists of voters, voting records, the books of voters, and other documents or paraphernalia used in the election, and, in case of hybrid elections, the automated election equipment and other devices such as the data storage devices containing electronic data evidencing the conduct and results of elections in the contested precincts.

SEC. 381. When ballot boxes and election documents are brought before the

court. - Within forty-eight (48) hours from receipt of an answer with counter-protest, when the allegations in a protest or counter-protest so warrant, the court or the Commission, as the case may be, shall order the ballot boxes with their keys, the lists of voters and voting records, the books of voters, other documents or paraphernalia, and, in case of hybrid elections, the automated election equipment, consolidation machines, and the electronic data storage devices involved in the protest or counter- protest, to be brought before it. The parties shall be notified of the date and time of retrieval and transfer from their respective custodians of the ballot boxes, the automated election equipment and consolidation machines, the electronic data storage devices, the lists of voters and voting records, the books of voters, and other documents or paraphernalia. The parties may send representatives to witness the retrieval and transfer. The absence, however, of a representative of a party shall not be a reason to postpone or delay the retrieval or transfer of the above-mentioned equipment, devices, and election documents. The court or the Commission, at its discretion, may seek the assistance of the Philippine National Police or the Armed Forces of the Philippines in ensuring the safe delivery of the ballot boxes and the election equipment, devices, and documents to its custody. Where any of the election equipment, devices, and documents mentioned above are also involved in election contests before the Presidential Electoral Tribunal, the Senate Electoral Tribunal, or the House of Representatives Electoral Tribunal with preferential rights of custody and revision, the court or the Commission, as the case may be, shall coordinate with and make the appropriate request to such tribunals for the temporary prior custody of said election equipment, devices, and documents or for the synchronization of revision activities.

The expenses necessary and incidental to the production in court of the ballot boxes and election documents and the production, storage and maintenance of the automated election equipment, data storage devices, election paraphernalia and documents shall be shouldered and promptly paid by the protestant and counter- protestant in proportion to the precincts covered by their protects and counter- protests. The expenses necessary and incidental to the return of the materials and documents produced in court to their original custodians or to the proper tribunal after the termination of the case shall likewise be shared proportionately by the protestant and the protestee based on the number of precincts they respectively contest.

SEC. 382. Access to electronic data in the COMELEC back-up server. - Upon

motion duly made based on demonstrated need, the court or the Commission may, in cases involving hybrid elections, order that the moving party shall be given access to, or to recover and use, electronic data from the back-up server of the Commission under conditions and safeguards required by the Commission.

SEC. 383. Revision of ballots in election protest. - Where the allegations in a

protest or counter-protest so warrant and the interests of justice so require, the court or the Commission, as the case may be, shall, through a revision/recount committee, examine the ballots and manually recount the votes covered by the protest and counter-protest: Provided, That the Revised Rules on Evidence, as promulgated by the Supreme Court, shall apply in ascertaining the admissibility and weight of the results of the revision.

SEC. 384. Decisions in Election Contests. - The Regional Trial Court and the

first level courts, as the case may be, shall decide all election contest cases brought before it within thirty (30) days from the date of their submission for decision. In no case shall the Regional Trial Court or the first level courts render its decision beyond six (6) months after the filing of the protest, unless otherwise authorized by the Supreme Court. The decisions of aforesaid courts shall be appealable to the Commission sitting in divisions within five (5) days from promulgation thereof. No motion for reconsideration of the decision of the Regional Trial Court or the first level court shall be allowed. The Commission shall decide all election contests brought before it, whether in the exercise of its original jurisdiction or appellate jurisdiction, within thirty (30) days from the date of their submission for decision. In no case shall the Commission, in the exercise of its appellate jurisdiction, render its decision beyond six (6) months from the date of appeal; or beyond twelve (12) months from the filing of the petition, if it has original jurisdiction thereover. The decision of the Commission sitting in division may be elevated to the Commission En Banc by any party aggrieved thereby through a verified motion for reconsideration filed within five (5) days from promulgation of the assailed decision. The Commission En Banc shall decide all election contest cases within three (3) months from the filing of the motion for reconsideration. All decisions by the

Commission En Banc shall be final and executory unless otherwise restrained by the 2 Supreme Court.

SEC. 385. Preferential disposition of contests in courts. - The courts, in their

respective cases, shall give preference to election contests over all other cases, except those of habeas corpus, petitions for the issuance of a temporary protection order in cases involving violence against women and children, petitions for a Writ of Amparo and such other cases which the Supreme Court shall deems very urgent.

SEC. 386. Costs and damages. - Costs shall be allowed to the prevailing party

as a matter of course. The court and the Commission shall have the power, for special reasons, to apportion the costs, as may be equitable. The court or the Commission may render judgment for costs if a protest, a counter-protest or a petition for quo warranto is dismissed. When a protest, a counter-protest, or a petition for quo warranto is found to be frivolous, double or treble costs may be imposed on the protestant, the counter-protestant or the petitioner. In all election contests, the court or the Commission, as the case may be, may adjudicate damages and attorney's fees as it may deem just and as established by the evidence, if the aggrieved party has included these claims in the pleadings.

SEC. 387. Notice of decisions. - The clerk of court and the corresponding

official in the Commission before whom an election protest or a quo warranto proceeding has been instituted or where the appeal of said case has been taken shall notify immediately the Department of Interior and Local Government of the final disposition thereof. CHAPTER X ELECTION OFFENSES Article 37 Election Offenses Related to the Registration of Voters

SEC. 388. Threats, intimidation, terrorism, use of fraudulent device or other

forms of coercion to induce or prevent registration. - Any person who, directly or indirectly, 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 uses any fraudulent device or scheme to compel or induce the registration or refraining from registration of any voter shall be liable for an election offense. Any person who delays, hinders or obstruct another from registering shall likewise be criminally liable under this Code.

SEC. 389. Material misrepresentation in the registration application. - Any

person who gives false information as to one's name, address, age, or period of residence for the purposes of establishing the eligibility or ineligibility to register or vote under this Code; or who conspires with another person for the purpose of

encouraging the giving of false information in order to establish the eligibility or 2 ineligibility of any individual to register or vote under this Code; or who pays, offers to pay, or accepts payment for application for registration shall be guilty of an election offense. Furthermore, any person who assisted an illiterate person, a person with disability, or a senior citizen, who caused such applicant to set forth any false or untruthful statement relative to any of the data or information required in the application for registration or transfer of registration shall also be liable for an election offense.

SEC. 390. Approval of unqualified registrants. - The members of the election

registration board who approve any application for registration or transfer of registration which on its face shows that the applicant does not possess all the qualifications prescribed by law for a voter or who disapproves any application which 16 on its face shows that the applicant possesses all such qualifications and there is no objection, contest, or opposition against such applicant's application shall be liable for an election offense.

SEC. 391. Double Registration and Substituted Registration. - Any person who,

being a registered voter, registers anew or attempts to register anew shall be guilty of an election offense: Provided however, That any person who attempts to register anew but discloses the fact of his prior registration and who desisted from further attempting to register after having been informed by the Election Officer that he or she is still registered shall not be liable for an election offense. Likewise, criminally liable under this Code is any person who registers or attempts to register in substitution for another whether with or without the latter's knowledge or consent, as well as any person who registers or attempts to register any deceased or fictitious person.

SEC. 392. Tampering of application for registration, the registration records,

or the certified list of voters. - Any person who tampers with or changes without authority any data or entry in any voter's application for registration shall be guilty of an election offense. Likewise, criminally liable is any person who, in any manner, physically or electronically tampers, tears, defaces, removes, or otherwise alters any registration record, book of voters, or certified list of voters without authority from the Commission. Any form of data or system interference or illegal access, as understood under R.A. 10175, involving the documents and files mentioned in this Section shall constitute an election offense hereunder.

SEC. 393. Unlawful transfer of precinct assignment. - Any person who

changes, alters, or transfers the precinct assignment of a voter in the permanent list of voters without the express written consent of the voter shall be guilty of an election offense: Provided, however, That if the voter shall unreasonably withholds such consent the criminal liability mentioned hereunder shall not apply.

SEC. 394. Election Offenses by the Election Officer and Members of the

2 Election Registration Board. - The members of the Election Registration Board shall be held liable for an election offense should they fail, without legal justification, to post, within the time and on the places prescribed in this Code, the certified list of voters or the action taken on the applications for registration. The Election Officer who shall, without valid justification, fail to perform any of 8 the foregoing within the time and in the places prescribed by this Code shall be criminally liable hereunder: (a) set the applications for registration for hearing; (b) post notices of such hearing; or (c) preserve and safekeep the voter's registration records in the manner prescribed by the Commission. Article 38 Election Offenses Related to the Certificate Of Candidacy and the Registration of Political and Sectoral Parties, Organizations, and Coalitions

SEC. 395. Material Misrepresentation in the Certificate of Candidacy and in the

Certificate of Nomination and Acceptance. - Any person who commits any misrepresentation as to a material matter in his or her Certificate of Candidacy shall be guilty of an election offense. Likewise, any person who commits a material misrepresentation in the Certificate of Nomination and Acceptance shall be criminally liable hereunder.

SEC. 396. Material Misrepresentation in the Petition for Registration. - The

president and chairperson of the political or sectoral group, party, organization or coalition, together with the signatory of the petition for registration or accreditation, shall be liable for an election offense should such petition contain any false statement in any matter required by this Code to be stated therein.

SEC. 397. Improper Substitution of Party-List Nominees. - It shall be unlawful

for any nominee of a party-list group to feign any incapacity for the purpose of being substituted. In such cases, the president and chairperson of the party-list group and the nominee or nominees who feigned such incapacity shall be criminally liable. The person or persons who substituted the erring nominee or nominees are also liable for the election offense hereunder if they knew or were in a reasonable position to know that said nominee or nominees were merely feigning their incapacity.

SEC. 398. Refusal to receive or acknowledge receipt of the certificate of

candidacy. - It shall be unlawful for any election officer to refuse receipt of any certificate of candidacy which does not, on its face, bear out that the prospective candidate is ineligible or that he or she does not meet the qualifications pertaining to age, residence, or registered voter status as set forth by law. Likewise, the election officer shall be liable for an election offense if he or she refuses to issue a notice of rejection pursuant to Section 87 of this Code or fails to comply with the directive of

the provincial election supervisor or regional election supervisor to include the prospective candidate in the official list of candidates pursuant to the same section.

SEC. 399. Abstracting, destroying, cancelling, or tampering a certificate of

candidacy. - Any person who abstracts, destroys, tampers, forges, or cancels any certificate of candidacy duly filed and which has not been cancelled upon order of the 7 Commission shall be liable for an election offense.

Section 400. Spurious certificate of candidacy; receipt of candidacy despite

expiration of the period for filing. - Any person who submits any false or spurious certificate of candidacy or document to the prejudice of a candidate shall be criminally liable under this Chapter. Any person who, being authorized to receive certificates of candidacy, receives any certificate of candidacy outside the period for filing the same and makes it appear that said certificate of candidacy was filed on time; or any person who, by means of fraud, threat, intimidation, terrorism or coercion, causes or compels the commission of said act shall be guilty of an election offense. Article 39 Election Offenses Related to the Election Campaign and Campaign Finance

SEC. 401. Coercion related to campaigning. - It shall be unlawful for any

person to coerce, intimidate, or otherwise compel any other person, whether directly or indirectly, to campaign for or against a proposition, candidate, political or sectoral party, organization, or coalition of political parties. It shall also be unlawful for any person, who shall, during the campaign period, coerce, intimidate or compel another to desist from campaigning for or against any proposition, candidate, party or organization if the person being coerced, intimidated or compelled can lawfully participate in partisan political activities.

SEC. 402. Intervention of pubic officers and employees. - It shall be unlawful

for any officer or employee in the civil service, including those in the Armed Forces of the Philippines to directly or indirectly intervene in any election campaign or engage in any partisan political activity, except to vote or to preserve public order; Provided, That those holding political offices shall not be covered by the ban hereunder; Provided further, That job order personnel and those under contracts of service shall likewise be prohibited from engaging in partisan political activities. Persons who violate this Section shall be guilty of an election offense and shall be perpetually disqualified from holding public office.

SEC. 403. Use of public funds, money deposited in trust, equipment, facilities

owned or controlled by the government for an election campaign. - Any person who uses or causes to be used, 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; (2) any printing press, radio, television

station, audio-visual equipment, website, computer, server, internet services, or any 2 other information and communications machine or equipment operated by the 3 Government or by its divisions, sub-divisions, 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 any 8 election campaign or for any partisan political activity shall be guilty of an election offense. The prohibition hereunder shall begin after the last day of the filing of the certificates of candidacy.

SEC. 404. Unjustified refusal to grant permit. - Any punong barangay,

municipal or city mayor, or governor who shall unjustifiably deny any application for 14 the holding of a peaceful political rally, meeting, or other similar activities, including rallies, meetings, and similar activities to campaign for or against a proposition in case of a plebiscite, initiative, or referendum, shall be criminally liable.

Section 405. Interference with a lawful election campaign or propaganda. -

Any person who interferes, breaks up, or prevents, without legal ground, any political rally or campaign or, in case of plebiscite, referendum, or initiative, any lawful activity conducted in support or opposition of any proposition, shall be guilty of an election offense. If the offender is a public officer, he shall likewise be perpetually disqualified from holding public office. It shall also be unlawful for any person to jam, obstruct, or interfere with a radio, television, or internet broadcast of any lawful political program or advertisement including, in the case of plebiscite, referendum, or initiative, programs or advertisements espousing support or opposition to any proposition.

SEC. 406. Prohibition against discrimination in the sale of air time. - Any person

operating a radio or television station who, without justifiable cause, discriminates against any political party, coalition or aggroupment of parties or any candidate in the sale of air time, or who manifests undue bias in the sale of such air time for or against a proposition, in case of plebiscite, referendum, or initiative, shall be guilty of an election offense. In addition to the penalty prescribed herein, such refusal shall constitute a ground for cancellation or revocation of the franchise.

SEC. 407. Other Election Offenses Related to Election Campaigns. - Any person

who violates Sections 92, 93, 94, 95, 96, 97, 98, 101, 104, 105, 106 or 107 of this Code shall be guilty of an election offense.

SEC. 408. Election Offenses Related to Campaign Finance. - Any person who

shall violate Sections 108, 109, 110, 111, 112, 113, 114 or 115 of this Code shall be liable for an election offense.

SEC. 409. Violation of the Rules and Regulations of the Commission. - Any

person who violates the rules and regulations duly promulgated by the Commission to implement Article 9 of this Code shall be criminally liable under this Article.

Article 40 Election Offenses Related to the Election Period and Campaign Period

SEC. 410. Appointment of new employees, creation of new position,

promotion, or giving salary increases. - The following shall be criminally liable hereunder: (1) Any head, official or appointing officer of a government office, agency or instrumentality, whether national or local, including government-owned or controlled corporations, who, during the election period, appoints or hires any new employee, whether provisional, temporary or casual, or creates and fills any new position, except upon prior authority of the Commission. The Commission shall not grant the authority sought unless, it is satisfied that the position to be filled is essential to the proper functioning of the office or agency concerned, and that the position shall not be filled in a manner that may influence the election. As an exception to the foregoing provisions, a new employee may be appointed in case of urgent need: Provided, however, That notice of the appointment shall be given to the Commission within three days from the date of the appointment. Any appointment or hiring in violation of this provision shall be null and void. It shall be mandatory for the Commission to resolve any request for authority to appoint or hire new employees or create and fill new positions within fifteen (15) days from the filing of the same. (2) Any government official who, within the election period, promotes, or gives any increase of salary or remuneration or privilege to any government official or employee, including those in government-owned or controlled corporations.

SEC. 411. Transfer of officers and employees in the civil service. - Any public

official who makes or causes any transfer or detail whatsoever of any officer or employee in the civil service including public school teachers, within the election period, except upon prior approval of the Commission shall be liable for an election offense. From their appointment as such and until the end of the election period or the official proclamation of winning candidates, whichever comes earlier, no member of the board of canvassers shall leave his or her official station without prior authority of the Commission.

SEC. 412. Suspension of elective provincial, city, municipal or barangay officer.

- The provisions of law to the contrary notwithstanding, during the election period, any public official who suspends, without prior approval of the Commission, any elective provincial, city, municipal or barangay officer, shall be guilty of an election offense: Provided, That the prohibition shall not apply if said suspension will be for

1 purposes of applying the "Anti-Graft and Corrupt Practices Act" in relation to the 2 suspension and removal of elective officials.

SEC. 413. Appointment or use of armed groups. - During the election period,

5 any appointing authority who appoints or constitutes an armed group in whatever guise or designation or any person who utilizes the services of an armed group shall be liable for an election offense: Provided, That the services of duly licensed security firms may be availed of to provide security to residences, places of business, offices, 9 storage houses, or any other place where the deployment of security personnel is necessary to prevent damage or loss of property or personal injury or loss of life: Provided further, That the President, Vice-President, Supreme Court Justices, Senators, Members of the House of Representatives, Court of Appeals Justices, Commissioners of the Constitutional Commissions, the Ombudsman and his deputies, Department Secretaries, the Solicitor General, Generals of the Armed Forces or of the Philippine National Police, and other government officials not enumerated above or any retired government official, who, at least six months prior to the election period or the thirty-day period previously mentioned herein, have been assigned a security detail, shall be allowed to retain such security detail: Provided, however, That other government officials or retired government officials not falling within the immediately preceding proviso, as well as private individuals, including candidates, may apply with the Commission for a security detail from the Philippine National Police or other law enforcement agencies of the government upon a showing that the circumstances so warrant: Provided finally, That all the security personnel, as well as, the government officials, retired government officials, and private individuals mentioned in this section shall still be required to obtain exemption from the ban on carrying firearms and deadly weapons, unless otherwise automatically exempted by the Commission through a duly promulgated resolution. At the beginning of the election period, all armed groups shall turn over their firearms, uniforms, insignias and other badges of authority to the Philippine National Police. Failure to do so shall constitute an election offense. As used in this section, the term "armed group" shall refer to a group of two or more individuals who carry weapons, whether openly or in a concealed manner, who are under the control, supervision, or command of a person or group of persons, and who are not members of the armed units of the Philippine Armed Forces, Philippine National Police, Bureau of Fire Protection, Bureau of Jail Management and Penology, Philippine Drug Enforcement Agency, National Bureau of Investigation, other law enforcement agencies, Citizen Armed Forces Geographical Units, security forces of the Senate, House of Representatives, the Constitutional Commissions, the Supreme Court, and the Office of the Ombudsman, and armed units constituted, created, or maintained in accordance with statute. For this purpose, any form of barangay, municipal, city, or provincial security forces constituted, created, or maintained by mere ordinance or resolution shall be considered as an armed group within the purview of this section.

SEC. 414. Ban on carrying of firearms and other deadly weapons. - The

issuance of firearms licenses shall be suspended during the election period. Any

1 person who carries or bears any firearm outside his residence or place of business 2 during such period, unless authorized in writing by the Commission, shall be liable for 3 an election offense: Provided, That a motor vehicle, water or air craft shall not be considered a residence or place of business or extension hereof. This prohibition shall not apply to cashiers and disbursing officers while in the 7 performance of their duties or to persons who by nature of their official duties, profession, business or occupation habitually carry large sums of money or valuables. Regular members or officers of the Philippine National Police, the Armed Forces of the Philippines and other enforcement agencies of the Government may be authorized to carry and possess firearms during the election period: Provided, That, when in the possession of firearms, the law enforcement officer must be: (a) in full uniform showing clearly and legibly his name, rank and serial number which shall remain visible at all times; and (b) in the actual performance of his law enforcement duty in the specific area where he or she is assigned or detailed. Exceptions to the foregoing requirements may be allowed by the Commission only in meritorious cases, upon petition by enforcement agency concerned. It shall likewise be unlawful to carry outside of one's residence or place of business any bladed, pointed or blunt weapon such as 'knife', 'spear, pana, dagger, 'bolo', 'barong', 'kris', 'chako', or similar weapons, except where such articles are being used as necessary tools or implements to earn a livelihood or in pursuit of a lawful activity. No deadly weapon be allowed in the polling place and within a radius of one hundred meters thereof during the days and hours fixed by law or by the Commission for voting, counting of votes, or preparation of the election returns. However, in cases of affray, turmoil, or disorder, any peace officer or public officer authorized by the Commission to supervise the election is entitled to carry firearms or any other weapon for the purpose of preserving order and enforcing the law.

SEC. 415. Use of armored land, water or air craft. - Any person who uses

34 during the election period, including the election day, 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, armored trucks, of any make or model, whether new, reconditioned, rebuilt or re- modelled: Provided, That banking or financial institutions and all business firms may use armored vehicles, in the number reasonably necessary for its operations, 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.

SEC. 416. Wearing of uniforms and bearing of arms. - During the election

period, any member of the Philippine National Police, Armed Forces of the Philippines, Citizen Armed Forces Geographical Unit and other law enforcement units organized, 48 created, and maintained in accordance with law or privately-owned or operated

security, investigative, protective or intelligence agencies, who wears his uniform or 2 uses his insignia, decorations or regalia, or bears arms outside the immediate vicinity 3 of his place of work, place of assignment, place of detail, camp, garrison, or barracks, shall be liable for an election offense: Provided, That this prohibition shall not apply 5 when said member is in pursuit of a person who has committed or is committing a 6 crime; when he is in the actual performance of his duties; when he is escorting or 7 providing security for the transport of payrolls, deposits, or other valuables; or when & guarding private residences, buildings, or offices. The Commission may, upon application and only if necessary to maintain peace and order or preserve the internal or external security of the country, exempt specific units of the Armed Forces, the Philippine National Police, and other law enforcement agencies from the foregoing requirements: Provided, That all personnel authorized to bear arms or wear their uniforms outside the places mentioned in the preceding paragraph shall bear their true name, rank and serial number. 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 any member or members of the Armed Forces of the Philippines, the Philippine National Police, other law enforcement agencies, security firms or agencies, or any other person or persons. The prohibitions under this Section and the last three preceding Sections, as well as the exemptions thereto, shall also apply on the day of a plebiscite, referendum, or initiative, and the thirty-day (30) period prior thereto but only in the areas covered or affected by such plebiscite, referendum, or initiative.

SEC. 417. Prohibition on the release, disbursement or expenditure of public

funds for any and all kinds of public works. - Any public official or employee including barangay officials and those of government-owned or controlled corporations and their subsidiaries, who, during the campaign period for local officials, releases, disburses or expends any public funds for any and all kinds of public works shall be criminally liable: Provided, however, That the following shall not be covered by the prohibition: (a) Maintenance of existing and/or completed public works project: Provided, That not more than the average number of laborers or employees already employed therein during the six-month period immediately prior to the beginning of the local campaign period shall be permitted to work during such time: Provided, further, That no additional laborers shall be employed for maintenance work within the said period; (b) Work undertaken by contract through public bidding held, or by negotiated contract awarded, before the local campaign period: Provided, That work for the purpose of this section undertaken under the so-called "takay" or "paquiao" system shall not be considered as work by contract; (c) Payment for the usual cost of preparation for working drawings, specifications, bills of materials, estimates, and other procedures preparatory to actual construction including the purchase of materials and equipment, and all incidental expenses for wages of watchmen and other laborers employed for

such work in the central office and field storehouses before the beginning of such period: Provided, That the number of such laborers shall not be increased over the number hired when the project or projects were commenced; (d) Emergency work necessitated by the occurrence of a public calamity, but such work shall be limited to the restoration of the damaged facility; (e) Ongoing public works projects commenced before the campaign period or similar projects under foreign agreements. For purposes of this provision, it shall be the duty of the government officials or agencies concerned to report to the Commission the list of all such projects being undertaken by them. No payment shall be made within five days before the date of election to laborers or contractors who have rendered services in projects or works except those falling under subparagraphs (a), (b), (C), (d), and (e) of this section.

SEC. 418. Prohibition on undertaking of construction of public works, delivery

of materials for public works and issuance of treasury warrants and similar devices. - During the local campaign period, any person who (a) undertakes the construction of any public works, except for projects or works exempted in the preceding section; or (b) issues, uses, or avails of treasury warrants or any security or contract undertaking future delivery of money, goods or other things of value chargeable against public funds shall be guilty of an election offense.

SEC. 419. Prohibition on the release, disbursement or expenditure of public

funds for housing and social welfare services and development. - Any public official or employee including barangay officials and those of government-owned or controlled corporations and their subsidiaries, who, during the campaign period for local officials, releases, disburses or expends any public funds for any of the services undertaken or offered by Department of Social Welfare and Development (DSWD), the Department of Human Settlements and Urban Development (DHSUD) and any other office in other departments or agencies of the government performing functions similar to the DSWD or DHSUD, including the social services or public housing offices or departments of local government units, shall be guilty of an election offense: Provided, however, That expenses for salaries of personnel, routine and normal expenses, and such other expenses as the Commission may authorize after due notice and hearing shall not be covered by the prohibition. Should a calamity or disaster occur, the Commission shall exempt the DSWD and similar departments, offices, and agencies operating within the affected area from the prohibition in the preceding paragraph: Provided, That no candidate or his or her spouse or member of his family within the second civil degree of affinity or consanguinity shall participate, directly or indirectly, in the distribution of any relief or other goods to the victims of the calamity or disaster. Article 41 Election Offenses Related to Voting or the Voting Period

SEC. 420. Vote-buying and vote-selling; conspiracy to commit vote-buying. -

Any person who gives, offers or promises money or anything of value, gives or

promises any office or employment, franchise or grant, public or private, or makes or 2 offers to make an expenditure, directly or indirectly, or cause an expenditure to be made to any person, association, corporation, entity, or community in order to induce anyone or the public in general to vote for or against any proposition, candidate, or 5 political or sectoral party, organization or coalition, or to withhold his vote in the 6 election, plebiscite, referendum, or initiative, as the case may be, shall be liable for an 7 election offense. Any person, association, corporation, group or community who solicits or 10 receives, directly or indirectly, any expenditure or promise of any office or employment, public or private, for any of the foregoing considerations shall likewise 12 be criminally liable hereunder. When two or more persons, whether candidate or not, come to an agreement 15 concerning the commission of any violation of the first paragraph of this section, and decide to commit it, each of such persons shall be guilty of an election offense.

SEC. 421. Prosecution of Vote-Buying and Vote-Selling. - The presentation of

a complaint for violations of the preceding section, when supported by affidavits of complaining witnesses attesting to the offer or promise by or of the voter's acceptance of money or other consideration from the relatives, leaders or sympathizers of a candidate, shall be sufficient basis for an investigation to be immediately conducted by the Commission or other prosecuting arms of the government. Proof that at least one voter in different precincts representing at least twenty percent (20%) of the total precincts in any municipality, city, district or province has been offered, promised or given money, valuable consideration, or other expenditure by a candidate's relatives, leaders and/or sympathizers for the purpose of promoting the election of such candidate, shall constitute a disputable presumption of a conspiracy under the preceding section. The same shall also constitute as prima facie evidence of the involvement of such candidate and of his principal campaign managers in each of the municipalities, cities, districts, or provinces concerned, in the conspiracy. The giver, offeror, and promisor as well as the solicitor, acceptor, recipient and conspirator in the preceding section shall be liable as principals: Provided, That any person, otherwise guilty under said section who voluntarily gives information and willingly testifies on any violation thereof in any official investigation or proceeding shall be exempt from prosecution and punishment for the offenses with reference to which his information and testimony were given: Provided further, That nothing herein shall exempt such person from criminal prosecution for perjury or false testimony.

SEC. 422. Coercion to vote for or against a candidate, party, or organization.

- 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 who 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 to aid,

1 campaign or vote for or against any proposition, candidate, political or sectoral party, 2 organization, or coalition shall be liable for an election offense. Any employee or laborer who is dismissed or tenant who is ejected for refusing 5 or failing to vote for any proposition or candidate or party-list group of his employer or landlord, as the case may be, shall be reinstated and the damages caused to the 7 aggrieved party, including unearned income and moral damages, shall be restored to him upon application with the proper court and without prejudice to the criminal liability of the offender as set forth in this Chapter. Any person who, directly or indirectly, 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 uses any fraudulent device or scheme to compel or induce the casting 15 of any vote or omission to vote, or any promise of such vote or omission therefrom shall also be guilty of an election offense. Likewise, it shall be unlawful for any person to detain a voter without lawful cause, or molests him in such a manner as to obstruct or prevent him from going to the polling place to cast his vote or from returning home after casting his vote, or to compel him to reveal how he voted.

SEC. 423. Multiple voting; unregistered voter; voting in substitution of another.

- Any person who votes more than once in the same election, plebiscite, referendum, or initiative or who, not being a registered voter, votes in an election, plebiscite, referendum, or initiative or who votes in substitution for another whether with or without the latter's knowledge and/or consent shall be liable for an election offense. Furthermore, any voter who, in the course of voting, uses a ballot other than the one given by the electoral board, barangay electoral board, or PlebCom as the case may be, or has in his possession more than one official ballot, without legal justification therefor, shall also be liable for an election offense.

SEC. 424. Unlawful transfer of polling place. - Any person who, without

authority, transfers the location of a polling place shall be liable for an election offense.

SEC. 425. Propagation of disinformation. - Any person who, for the purpose

of disrupting or obstructing the election process or causing confusion among the voters, propagates, transmits or circulates, through any means including posting in social media platforms, any false report, false information, false order, directive or messages regarding any matter relating to the printing of official ballots, the postponement of the election, plebiscite, referendum, or initiative, the transfer of polling place or the general conduct of the election, plebiscite, referendum, or initiative.

SEC. 426. Voting-related offenses attributable to members of the Electoral

Board, Barangay Electoral Board, or PlebCom. - Aside from the election offenses mentioned in this Article, any member or members of the Electoral Board, Barangay Electoral Board, or whenever applicable, the Plebiscite Committee, as the case may be, shall be guilty of an election offense for the following acts or omissions:

(a) Allowing or making possible the casting of more votes than there are registered voters; (b) Knowingly allowing any person whose name does not appear in the list of registered voters of the precinct concerned to vote therein without legal justification therefor; (c) Knowingly allowing a person who has already voted to vote again in the same election, plebiscite, referendum, or initiative; (d) Unjustifiably preventing any voter registered in the precinct concerned, whose name is in the certified list for such precinct, and who has not yet voted, to cast his vote even though the voting period has not yet lapsed; (e) Knowingly using ballots other than the official ballots; (*) Deliberately being absent from the meetings of the board or committee for the purpose of obstructing or delaying the performance of its duties or functions; (g) Refusing to sign and certify, without justifiable reason, any election form or document required by this Code or prescribed by the Commission although he was present during the meeting of the said body; (h) Any person who, being ineligible for appointment as member of the Electoral Board, the Barangay Electoral Board, or the Plebiscite Committee, as the case may be, accepts an appointment to said body, assumes office, and actually serves as a member thereof, or any of public officer or any person acting in his behalf who appoints such ineligible person knowing him to be ineligible; (i) Engaging in any partisan political activity after he has been appointed as member of the Electoral Board, Barangay Electoral Board, or PlebCom except to discharge his duties as such and to vote; (i) Failing to start the voting at the time fixed by the Commission or closing the conduct of voting before the time prescribed by the Commission, without any justifiable reason. (k) Failing to observe the procedure laid down in Section 186 of this Code, pertaining to preliminaries to voting, without any valid justification therefor. ( Deliberately allowing any unauthorized persons in and around the polling place: Provided, however, That the members of the Electoral Board shall not incur criminal liability should they be threatened, intimidated, coerced, or in any manner forced against their will into allowing unauthorized persons in and around the polling place. (m) Failing, without legal justification, to observe the procedure under Section 190 or any other measure required by the Commission to be observed by the electoral board, barangay electoral board, or Plebcom pursuant to Section 191 of this Code. In case of failure to authenticate the official ballot, only the chairperson of the electoral board shall be criminally liable; (n) Refusing to record challenges, oaths, or any other matter which the Code or the Commission requires to be recorded in the Minutes of Voting; (o) Making any announcement as to whether a certain registered voter has already voted or not, as to how many have already voted or how many so far have failed to vote, or any other fact tending to show or showing the state of the polls before the termination of the voting; (P) Making any statement at any time, except as witness before a court or the Commission, as to how any person voted;

(q) Unjustifiably disallowing any duly authorized watcher in the polling place; or unlawfully depriving such watcher of any right set forth in this Code; or preventing any action which such watcher may lawfully take without any lawful justification therefor.

SEC. 427. Other voting-related offenses. - Any person who violates Sections

173, 179, 188, 192 or 193 of this Code shall be liable for an election offense. Furthermore, any person shall be liable for a criminal offense for any of the following acts: (a) Removing, tearing, defacing or destroying any certified list of candidates posted in the polling place during the hours of voting; (b) Holding or causing the holding of an election on any other day than that fixed by law or by the Commission, or stops any election being legally held; (c) Deliberate blurring of his fingerprint in the voting record; or (d) Conducting himself in such a disorderly manner as to interrupt or disrupt the work or proceedings to the end of preventing the electoral board from performing its functions, either partly or totally. Article 42 Offenses Related to the Counting and Canvassing of Votes

SEC. 428. Offenses attributable to the members of the Electoral Board,

Barangay Electoral Board, or PlebCom during the counting of votes. - The electoral board, barangay electoral board, the Plebiscite Committee or any member or members thereof, shall be liable for an election offense for the following acts or omissions during the counting of votes: (a) Deliberately omitting to read the vote duly written on the ballot, or misreading the vote actually written thereon or reading the proposition or name of a candidate where no such proposition or name is written on the ballot, if the member in question is charged with the duty of reading the votes. (b) Deliberately failing to record a vote in the tally board or sheet, election returns, or other prescribed form, or erroneously recording the votes as read, or recording a vote where no such vote has been read by the chairman: Provided, That the member of the electoral board, barangay electoral board, or Plebcom in question is the one charged with the duty of tallying the votes; (c) Refusing, after proper verification and hearing, to credit the correct votes or shall be liable thereunder; (d) Conducting the counting of votes in any place other than the polling place, unless otherwise ordered or allowed by the Commission; or counting the votes without the presence of the authorized watchers unless aforesaid watchers have been duly notified of the time and place of the counting of votes; or unjustifiably and willfully preventing any authorized watcher from observing the counting of votes;

(e) Conducting the counting of votes in a building or place located within the perimeter of or inside a military or police camp, reservation, headquarters, detachment or field office or within the premises of a prison or detention bureau or any law enforcement or investigation agency, with or without the consent of the Commission. Any officer of the Commission who consents to or orders that the counting of votes shall be in such building or place shall likewise be criminally liable hereunder; (f) Re-arranging the physical set up of the polling place for the purposes of counting without the presence of the watchers and outside the close view of the public; or failing to ensure that the ballot boxes and all election documents and paraphernalia are within the close view of the watchers and the public; (g) Failure, without justifiable cause, to comply with the procedure laid down by this Code or by the Commission in the handling, disposition, transmittal, and safe-keeping of the filled-in ballots, unused ballots, spoiled ballots, marked ballots, election returns, vote counting devices, and storage devices; (h) Adjourning, postponing, or delaying the counting of votes, either in the manual count, automated count, or both, before it has been fully completed, unless otherwise ordered by the Commission; (0) Deliberate failure to perform a manual count of the votes; or to prepare separate election returns for the manual count; or to prepare the required number of election returns; or, in case of hybrid elections, to conduct the automatic manual recount prescribed in Section 214 of this Code; or to conduct any other procedure laid down in aforesaid section or in the rules and regulations prescribed by the Commission relative to the counting of votes; (i) Unjustified failure to sign each copy of the election returns; or to affix his or her thumbmark thereto; or to explain his or her refusal to sign or to affix his or her thumbmark; or to digitally sign the election returns that shall be transmitted electronically, if applicable; (k) Signing or authenticating any copy of the election return outside of the polling place unless there is prior consent or order of the Commission; or knowingly signing or authenticating an election return that does not accurately reflect the result of the automated count, manual count, or automatic recount, as the case may be. (I) Failure of the chairperson to distribute the copies of the election returns in accordance with the provisions of this Code; or, after the preparation of the election returns, to publicly read and announce the total number or registered voters, the total number of voters who actually voted, the total number of votes obtained by each candidate, party-list group, or proposition based on the election returns, and, in case of hybrid elections, whether there is a discrepancy between the results of the automated system and manual counting system, and the details of the said discrepancy, including the result of the recount, if any; (m) Failure to post a copy of the election returns within the premises of the polling place or counting center as prescribed in this Code; (n) Unjustified failure to electronically transmit the precinct results under the automated system to the board of canvassers, the dominant majority and minority party, the accredited citizen's arm, and the kapisanan ng mga Broadcasters ng Pilipinas (KBP); or transmitting such results without the

presence of the watchers and representatives of the accredited citizen's arm, political parties/candidates, if any, unless said watchers and representatives have been duly notified of the time when the board shall so transmit; (o) Refusal to issue accredited watchers the certificate of votes as required in this Code; or (p) In case of the barangay electoral board, willful and deliberate failure to apply the rules for the appreciation of ballots enumerated in Section 321 of this Code or to observe the procedure in the counting of votes set forth in Section 320 hereof and by the Commission. 11|

SEC. 429. Unlawful removal or defacement of the posted election returns. -

12 Any person who removes the election return posted within the premises of the polling place or counting center, whether within or after the prescribed forty-eight (48) hours of posting, without authority therefor, or defaces the same in any manner shall be liable for an election offense : Provided, however, That the chairperson or any member of the electoral board may remove said election returns for the purpose of immediately transferring it to a more suitable place.

SEC. 430. Tampering or simulation of election returns or forging of signatures

therein. - Any person who simulates an actual election return or a print or digital copy thereof; or forges thereon the signature of any or all of the members of the electoral board, shall be liable for an election offense. It shall be unlawful for any person to tamper, alter, deface, or falsify any portion of any copy of the election returns: Provided, That in the instances allowed by this Code, the electoral board may make alterations in manually accomplished election returns for the purpose of correcting any entry therein: Provided further, That such alterations shall be initialed by all the members of the electoral board or barangay electoral board as the case may be and that the results of the elections in the polling place concerned have not yet been announced: Provided finally, That any alteration to the election returns after the announcement of results may be done only under

Section 242 of this Code or upon order of the Commission.

In the event that the tampering or simulation constitutes electoral sabotage as defined under Article 45, the offender shall be liable thereunder.

SEC. 431. Preventing the livestreaming or recording of the counting; unlawful

use of livestream or video recordings. - Any person who, in any manner, prevents or interferes with the livestreaming or video recording of the counting of votes as provided in Section 216 of this Code, shall be liable for an election offense. Any person who shall use any photo, recorded video, or livestream, whether official or unofficial, taken during election day of any member of the electoral board and any other personnel of the Commission performing election duties during election day to defame or publicly shame said member of the electoral board or personnel of the Commission in social media or in any other platform, digital or otherwise, shall be guilty of an election offense.

SEC. 432. Offenses attributable to the members of the Board of Canvassers,

Barangay Board of Canvassers or Plebiscite Board of Canvassers. - The Board of Canvassers, Barangay Board of Canvassers, or Plebiscite Board of Canvassers, as may be applicable, or any member or members thereof, shall be liable for an election offense for the following acts or omissions: (a) Feigning an illness or otherwise deliberately being absent from the meetings of said body for the purpose of obstructing or delaying the performance of its duties or functions. (b) Accepting an appointment to said body, assuming office therein, and actually serving as a member thereof despite being ineligible for appointment as member of the board of canvassers, barangay board of canvassers, or plebiscite board of canvassers, as the case may be; (c) In case of the chairperson, his or her failure to give a written notice to all members of the board of canvassers or barangay board of canvassers, as the case may be, or to each candidate, political party or coalition of political parties fielding candidates, and parties, organizations, and coalitions under the party- list system of the date, time and place of the meeting whenever required under this Code; or his or her failure to post the certificate of canvass within the premises of the canvassing center; (d) Proceeding with the canvass of votes and/or proclamation of any candidate despite having received an order to the contrary from the Commission; (e) Proceeding with the canvass of votes and/or proclamation of any candidate or the results of a plebiscite, initiative, or referendum, as the case may be, in the absence of quorum; or without giving due notice of the date, time and place of the meeting of the board to the candidates, political parties, and/or other members of the board; (f) Knowingly using in the canvass of votes and/or proclamation any election returns which have been tampered with or falsified; or using in such canvass or proclamation election returns that manifestly appear to be tampered with or falsified; (g) Using in the canvass of votes and/or proclamation any file or document other than the official electronically transmitted results or the results contained in the data storage devices used in the printing of the official election returns or certificates of canvass under the automated system and/or the official election returns or official certificates of canvass under the manual counting system, unless otherwise authorized under this Code or by the Commission; (h) Refusing to credit the correct votes or deduct such tampered votes; Provided, That if such act constitutes electoral sabotage as defined in Article 45 of this Code, the perpetrator or perpetrators shall be liable thereunder; (i) Refusing to sign or certify, without any justifiable reason, any election form required by this Code or prescribed by the Commission although he was present during the meeting of the said body; i) Unjustified failure to prepare the supporting statement of votes for the certificates of canvass of votes.; (k) Causing any unwarranted delay in the transmission of the certificate of canvass or refusing without just cause to transmit said certificate of canvass;

(* Failure, without justifiable cause, to digitally sign the certificate of canvass that shali be electronically transmitted; or to observe any of the measures prescribed by the Commission to preserve the integrity of the certificates of canvass pursuant to Section 233 of this Code; (m) Failure to prepare the required number of certificates of canvass under the automated system and/or the manual system; or to distribute the same in accordance with Section 234 of this Code; (n) Unjustifiably disallowing accredited watcher in the canvassing center; or unlawfully depriving such watcher of any right set forth in this Code; or preventing any action which such watcher may lawfully take without any lawful justification therefor; (o) Refusal or failure to proclaim the winning candidate or candidates or proposition without any legal justification therefor; or causing any unwarranted and vexatious delay in proclaiming said candidate or candidates or proposition; or failing to observe the tie breaking procedure set forth in Section 253 of this Code; (p) Signing or authenticating any copy of the certificate of canvass or its supporting statement of votes outside of the canvassing center, unless otherwise authorized by the Commission; or (q) Knowingly signing or authenticating a certificate of canvass or its supporting statement of votes which does not accurately reflect the result of the canvassing.

SEC. 433. Illegal appointment of members of the board. - Any of public officer

or any person acting in his behalf who knowingly appoints as member of the board of canvassers or barangay board of canvassers, any person who is ineligible to be so appointed shall be liable for an election offense.

SEC. 434. Vote padding. - Any person who performs any act, either manually

or through the use of communications and information technology, for the purpose of tampering, increasing, or decreasing the votes received by a candidate/s or party-list group/s or proposition/s; or who actually tampers, increases, or decreases the votes received by candidate/s or party-list group/s or proposition/s through any means whatsoever; or causes such tampering, increase or decrease, shall be guilty of an election offense: Provided, That in case said tampering, increase, or decrease constitutes Electoral Sabotage as defined in Article 45 of this Code, he shall be liable thereunder.

SEC. 435. Unlawful removal or defacement of the posted certificate of canvass.

- Any person who removes the certificate of canvass posted within the premises of the canvassing center, whether within or after the prescribed forty-eight (48) hours of posting, without authority therefor, or defaces the same, in any manner, shall be liable for an election offense: Provided, however, That the chairperson or any member of the electoral board may remove said election returns for the purpose of immediately transterring it to a more suitable place.

SEC. 436. Simulation of certificates of canvass or forging of signatures therein.

- Any person who simulates an actual certificate of canvass or a print or digital copy

thereof; or forges thereon the signature of any or all of the members of the board of canvassers, barangay board of canvassers, or plebiscite board of canvassers, as the case may be, shall be liable for an election offense. In the event that the simulation constitutes electoral sabotage as defined under 6 Article 45, the offender shall be liable thereunder.

SEC. 437. Offenses attributable to the citizens' arm during canvassing. - In

addition to the election offenses mentioned in the preceding Sections, any member or officer of the duly accredited citizens' arm shall be liable for an election offense for the following acts or omissions: (a) Refusal to present the citizens' arm to present for perusal its copy of the election return to the board of canvassers; or (b) Presentation by the citizens' arm of tampered or spurious election returns.

SEC. 438. Other offenses related to the counting and canvassing of votes. -

Any person who, in the presence or within the hearing of any board of canvassers, barangay board of canvassers, or plebiscite board of canvassers during any of its meetings, 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, either partly or totally shall be liable for an election offense. Any public official or person acting in his behalf who, without prior authority from the Commission, relieves any member of the electoral board, barangay electoral board, plebiscite committee, board of canvassers, barangay board of canvassers, plebiscite board of canvassers or any of the ballot reception and custody group from the polling center or canvassing center to which such member is assigned; or who changes or causes the change of assignments of any of such member from one polling center or canvassing center to another polling center or canvassing center, as the case may be, shall be guilty of an election offense. Article 43 Offenses Against the Integrity of the Ballots, Election Returns, Certificates of Canvass and Devices Used in Voting, Counting, and Canvassing

SEC. 439. Unauthorized use, tampering with, damaging, destruction, or

stealing of election paraphernalia. - Any person who, without legal authority, utilizes, tampers with, damages, destroys, substitutes or takes away from the possession of those having legal custody thereof, or from the place where they are legally deposited, the ballot box, official ballots, election returns, certificates of canvass, electronic devices or their components, peripherals or supplies, and any other election paraphernalia, whether before, during, or after voting or during canvassing or transmission of results, shall be liable for an election offense.

SEC. 440. Unauthorized opening of the ballot box; removal or destruction of

its contents. - Any person having legal custody of the ballot box containing the official ballots used in the election who opens or destroys said box or removes or destroys its

1 contents shall be liable for an election offense: Provided, That no criminal, civil, or 2 administrative liability shall attach if the opening of the ballot box or removal of its 3 contents is sanctioned under the provisions of this Code or by the Commission or if the destruction of the contents of the ballot box was made under the express order 5 of the Commission. Any person who, through his negligence, enables any person to commit any of the aforementioned acts, or takes away said ballot box from his custody shall likewise 9 be guilty of an election offense.

SEC. 441. Unauthorized interference with the vote counting and canvassing

systems. - Any person who interferes, impedes, absconds, or prevents the installation or use of the computer counting devices and the processing, storage, generation, and transmission of election results, data or information; or unlawfully gains access to the software for such devices; or who alters, destroys, replaces, intercepts, or discloses any computer data, program, software or any computer-related devices, facilities, hardware or equipment used for the voting, counting of votes, transmission of voting results, or canvassing of votes, shall be guilty of an election offense.

SEC. 442. Obstruction of transmission of results. - It shall be unlawful for any

person to delay, obstruct, impede or prevent through force, violence, coercion, intimidation or by any means which vitiates consent, the transmittal of the election returns, certificates of canvass, or the storage device upon which such document or documents are stored, or to take away, abscond with, destroy, deface, mutilate or substitute the election returns, certificates of canvass, the ballot box containing the election returns, or the storage device on which the election returns or certificate canvass of votes is stored or to violate the right of the watchers. It shall likewise be unlawful for any person to alter, intercept, delay, replace, prevent, or otherwise interfere with, in any manner, the electronic transmission of the results of the voting. Any illegal access or data or system interference, as defined in RA No. 10175 on the server, database, or computer system used in the transmission and/or consolidation of the results of voting shall constitute an election offense. Should the act or acts under this Section constitute electoral sabotage under Article 45, the offender or offenders shall be prosecuted and punished thereunder.

SEC. 443. Failure to account for or preserve the ballot box, ballots, election

returns, certificates of canvass, vote counting equipment and other election devices. - Any public official who neglects or fails to properly preserve or account for any ballot box, official ballot, election returns, certificates of canvass, other election documents and forms, vote counting machine, canvassing system, and other election devices and paraphernalia received by him and kept under his custody shall be liable for an election offense. The provincial, city, or municipal treasurer, the members of the custody group, the election officer, or any other person who is required by law or by the Commission to keep a record of the quantity, serial numbers, and such other details of the official

1 ballots, election returns, certificates of canvass, ballot boxes, counting machines, 2 and/or storage devices who fails to keep such record; or who keeps a record that has 3 been falsified; or who fails to furnish the representatives of the dominant majority and minority parties and/or the Commission thereof shall be guilty of an election offense.

SEC. 444. Unauthorized printing or distribution of ballots. - Any person who,

7 without authority, prints or causes the printing of any ballot or election returns that 8 appears as official ballots or election returns or who distributes or causes the same to be distributed for use in the election, whether or not they are actually used, shall be guilty of an election offense. Any official or employee of the National Printing Office or the Bangko Sentral ng Pilipinas or of the Commission or any member of the committee in charge of the 14 printing of official ballots or election returns who causes official ballots or election returns to be printed in quantities exceeding those authorized by the Commission; or who distributes, delivers, or in any manner disposes of or causes to be distributed, delivered, or disposed of, any official ballot or election returns to any person or persons not authorized by law or by the Commission to receive or keep official ballots or election returns; or who distributes, delivers, or in any manner disposes of or causes to be distributed, delivered, or disposed of, the official ballots or election returns in quantities exceeding those authorized by the Commission; or who sends or causes them to be sent to any place not designated by law or by the Commission, shall be liable for an election offense. Any person who causes the printing of the ballots by any entity other than the Bangko Sentral ng Pilipinas and/or the National Printing Office shall likewise be criminally liable.

SEC. 445. Disallowing watchers from observing pre-election preparations. -

Any person who unjustifiably disallows duly authorized watchers from observing the printing of ballots, distribution of ballots, configuration of vote counting machines and memory devices to be used for elections, and other preparations undertaken by the Commission for the elections which, by the provisions of this Code or by the rules and regulations of the Commission, should be observed by such watchers; or who unlawfully prevents any authorized watcher present at such preparations or activities from fully observing the same or from taking down notes thereof to the extent allowed by this Code or by the Commission, shall be liable for an election offense.

SEC. 446. Use of simulated election documents. - Any person who presents in

evidence a simulated copy of an election return, certificate of canvass or statement of votes, or a printed copy of an election return, certificate of canvass or statement of votes bearing a simulated certification or a simulated image, shall be guilty of an election offense.

SEC. 447. Acts violating the integrity of the official ballots, election returns,

and certificates of canvass. - Any person who, through any act, means or device, violates the integrity of any official ballot or election returns before or after they are

used in the election, or the integrity of the certificate of canvass, shall be liable for an 2 election offense.

SEC. 448. Other election offenses pertaining to the integrity of the ballots and

5 other election documents. - Any person who violates Sections 219, 220, 221, and 239 6 of this Code or the rules and regulations promulgated by the Commission pursuant 7 thereto shall be guilty of an election offense. Article 44 Election Offenses Related to Overseas Voting

SEC. 449. In addition to the prohibited acts under other Articles in this Chapter,

the following acts, when committed within the context of overseas voter registration, overseas voting, overseas counting of votes, or overseas canvassing of votes, shall be unlawful: (a) For any officer or employee of the Philippine government to influence or attempt to influence any overseas voter to vote or not to vote for a particular candidate; (b) For any person to unlawfully deprive any overseas voter or registrant for overseas voting of his or her rights as set forth in this Code, or to give false information as to one's name, address, or period of residence for the purposes of establishing the eligibility or ineligibility to register or vote under Chapter VI of this Code; or to conspire with another person for the purpose of encouraging the giving of false information in order to establish the eligibility or ineligibility of any individual to register or vote under aforesaid Chapter; or, to pay, or offer to pay, or to accept payment either for application for registration, or for voting; (c) For any person to steal, conceal, alter, destroy, mutilate, manipulate, or in any way tamper with the mail containing the ballots for overseas voters, the election returns, or any record, document or paper required for purposes of overseas voting; (d) For any deputized agent of the Commission to refuse without justifiable ground, to serve or continue serving, or to comply with one's sworn duties after acceptance of the deputization; (e) For any public officer or employee or accredited or deputized organization or association to cause the preparation, printing, distribution or posting of information or material pertaining to overseas voting, without the prior approval of the Commission; (f) For any public officer or employee to cause the transfer, promotion, extension, recall of any member of the foreign service corps, including members of the attached agencies, or otherwise cause the movement of any such member from the current post or position one (1) year before and three (3) months after the day of elections, without securing the prior approval of the Commission; (g) For any person who, after being deputized by the Commission to undertake activities in connection with the implementation of overseas voting, shall campaign for or assist, in whatever manner, candidates in the elections; or (h) 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; Should any of the foregoing act or acts constitute electoral sabotage under 5 Article 45, the offender or offenders shall be prosecuted and punished thereunder: Provided, That Section 450 shall still apply.

SEC. 450. Extra-territorial application.- The provision of existing laws to the

contrary notwithstanding, and with due regard to the Principle of Double Criminality, the prohibited acts described in the preceding section are electoral offenses and shall be punishable in the Philippines regardless of its place of commission. In cases where any of the acts in the preceding section is committed outside the territory of the Philippines, the Regional Trial Court of the City of Manila shall have jurisdiction to hear and try the case. Article 45 Electoral Sabotage

SEC. 451. Electoral Sabotage; how committed. - Electoral sabotage is

committed by any person who tampers, increases, or decreases the votes received by a proposition, candidate, candidates, or party-list group in any election; or by any member of the electoral board, barangay electoral board, board of canvassers, or barangay board of canvassers who refuses, after proper verification and hearing, to credit the correct votes or deduct such tampered votes; when any of the following circumstances is present: (1) The tampering, increase and / or decrease of votes perpetrated or the refusal to credit the correct votes or to deduct tampered votes, is/are committed in the election of a national elective office or in a national plebiscite, referendum, or initiative, which is voted upon nationwide and the tampering, increase and/ or decrease of votes or refusal to credit the correct votes or to deduct tampered votes, shall adversely affect the results of the election to the said national office or the results of a national plebiscite, referendum, or initiative, to the extent that a losing candidate/s or proposition is /are made to appear as the winner/s; (2) Regardless of the elective office or type of plebiscite, referendum, or initiative involved, when the tampering, increase and/or decrease of votes committed or the refusal to credit the correct votes or to deduct tampered votes perpetrated, is accomplished in a single election document or in the transposition of the figure results from one election document to another and involved in the said tampering, increase, and/or decrease or refusal to credit correct votes or deduct tampered votes exceed five thousand (5,000) votes, and that the same adversely affects the true results of the election, plebiscite, referendum, or initiative; or (3) Regardless of the elective office or type of plebiscite, referendum, or initiative involved and the results of the election or such plebiscite, referendum, or initiative, the tampering, increase/s and/ or decrease/s of votes perpetuated or the refusal to credit the correct votes or deduct the tampered votes, involves more than ten thousand (10,000) votes.

SEC. 452. Who are liable; extent of liability. - In cases involving electoral

2 sabotage, as defined in this Article, the following persons shall be liable: (a) Any and all persons or individuals who actually performed the tampering, increase, or decrease of votes; (b) Any and all members of the electoral board, barangay electoral board, plebiscite committee, board of canvassers, barangay board of canvassers, or plebiscite board of canvassers who refused to credit the correct votes or to deduct tampered votes; or who consented to such refusal to credit the correct votes or to deduct tampered votes; or who fails to object and put into the minutes his or her objection to the refusal to credit the correct votes or to deduct tampered votes; (c) Any and all persons who ordered, induced, caused, or conspired with the person or persons who tampered, increased, or decreased the votes, or with the member or members of the electoral board, barangay electoral board, plebiscite committee, board of canvassers, barangay board of canvassers, or plebiscite board of canvassers who refused to credit the correct votes or to deduct tampered votes, shall be liable to the same extent as the actual perpetrator or perpetrators; and (d) Any and all persons who acted as accomplices or accessories, as understood under the Revised Penal Code, shall be liable to the same extent as the actual perpetrator of the acts or omissions constituting electoral sabotage.

SEC. 453. Prosecution. - Any of the following shall be sufficient basis to

establish prima facie that there is probable cause that electoral sabotage has been committed and that the persons involved therein are liable therefor: (a) When at least ten thousand (10,000) of the official ballots do not contain any of the security features prescribed under Section 180 of this Code or if such security feature/s features is/are defective or tampered with; (b) When at least ten thousand (10,000) of the official ballots omit the name of one or more candidates for a national position; or the name of a candidate or candidates for national office is indicated under any position other than the one for which he or she is seeking election; or there are unnecessary marks in such ballots; or there is any other similar irregularity therein; or (c) When a total of at least ten thousand (10,000) official ballots were printed or distributed in excess of the total number of ballots allowed to be printed or distributed. Nothing in this Section shall be interpreted as to exclude or render inadmissible such other evidence as may be sufficient to establish probable cause that electoral sabotage has been committed and/or the person in question is probably guilty thereof. Neither shall the existence of the any of the foregoing be required to indict, investigate, prosecute or convict any person for electoral sabotage.

Article 46 Other Election Offenses

SEC. 454. Wagering upon the result of the election. - Any person who bets or

wagers upon the outcome of, or any contingency connected with an election, plebiscite, initiative, or referendum shall be guilty of an election offense. 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 in favor of the government.

SEC. 455. Coercion of election officials and employees. - Any person who,

directly or indirectly, threatens, intimidates, terrorizes or coerces any election official or employee in the performance of his official functions or duties, shall be liable for an election offense.

SEC. 456. Liquor ban. - Any person who sells, furnishes, offers, buys, serves

or takes intoxicating liquor on the day of the election, plebiscite, initiative, or referendum or on the day prior thereto shall be liable for an election offense. In case of plebiscite, initiative, or referendum, the prohibition hereunder shall only be effective within the areas covered or affected by such plebiscite, initiative, or referendum.

SEC. 457. Ban on certain activities. - Any person who, on the day of the

election, plebiscite, initiative, or referendum, holds fairs, cockfights, boxing matches, horse races, jai-alai, or any other similar sports shall be liable for an election offense. In case of plebiscite, initiative, or referendum, the prohibition hereunder shall only be effective within the areas covered or affected by such plebiscite, initiative, or referendum.

SEC. 458. Unlawful continuation of candidacy. - It shall be unlawful for any

person whose certificate of candidacy has been cancelled or who has been declared a nuisance candidate or who has been disqualified from continuing his candidacy by final and executory judgment to continue campaigning and holding himself out as a candidate in the same election to which such cancelled certificate of candidacy, declaration of being a nuisance candidate, or disqualification relates.

SEC. 459. Unlawful delay in the payment of the per diems and allowances of

election workers. - It shall be unlawful for any public official to cause any unjustifiable delay in the payment of the per diem and allowances of any member of the electoral board, barangay electoral board, plebiscite committee, board of canvassers, barangay board of canvassers, plebiscite board of canvassers, support staff, or any other person deputized by the Commission to perform election duties.

Article 47 Penalties And Other Provisions Pertaining To Election Offenses

SEC. 460. Persons criminally liable. - The principals, accomplices, and

accessories, as defined in the Revised Penal Code, shall be criminally liable for the election offenses mentioned in this Chapter. If the one responsible is a political or sectoral party, organization or an entity, its chairperson, president or head, as well as its officials and employees who are performing duties connected with the offense committed and the members who took part in the commission of said offense, who may be principals, accomplices, or accessories, shall be liable, in addition to the liability of such party or entity.

SEC. 461. Prosecution. - 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.

SEC. 462. Applicability of Chapter X to all electoral exercises. - The election

offenses defined and punished under this Chapter shall apply to all national, local, regional, barangay, special, and recall elections. Furthermore, to the extent practicable and legally permissible, the offenses under this Chapter shall apply to the conduct of any plebiscite, referendum, or initiative.

SEC. 463. Penalties. —

(A) The penalty of prision correccional in its maximum period shall be meted against any person found guilty of committing any of the election offenses covered by Articles 37, 38, 39, and 40 of this Code; (B) The penalty of prision correccional in its maximum period shall be meted against any person found guilty of committing any of the election offenses covered by Article 41, except those under Sections 420, 423, 424, 426 (a), (b), (c), (d), and (e), and 427 (b) thereof. The penalty prision mayor in its minimum period shall be imposed upon any person found guilty under Sections 420, 423, 424, 426 (a), (b), (c), (d), and (e), and 427 (b), without the benefit of the operation of the Indeterminate Sentence Law. If the offender is a public officer or a candidate, the penalty shall be prision mayor in its medium period. In addition, the offender shall be sentenced to suffer perpetual disqualification to hold public office and deprivation of the right to vote. (C) The penalty of prision correccional in its maximum period shall be meted against any person found guilty of committing any of the election offenses covered by Article 42, except those under Sections 428 (a), (b), (c), (d), (e), and (h), 430, 432 (f), (h), (k), and (a), 434, or 436 thereof.

The penalty prision mayor in its minimum period shall be imposed upon any person found guilty under Sections 428 (a), (b), (c), (d), (e), and (h), 430, 432 (f), (h), (k), and (q), 434, or 436, without the benefit of the operation of the Indeterminate Sentence Law. If the offender is a public officer or a candidate, the penalty shall be prision mayor in its medium period. In addition, the offender shall be sentenced to suffer perpetual disqualification to hold public office and deprivation of the right to vote. (D) The penalty of prision mayor in its minimum period shall be imposed upon any person found guilty of committing any of the election offenses under Article 43 of this Code, except the election offense defined in Section 445 thereof. The penalty of prision correctional in its maximum period shall be imposed upon any person found guilty under Section 445. All persons found guilty of committing any of the offenses covered by Article 43, except for the offense under Section 445, cannot avail of the benefit of the operation of the Indeterminate Sentence Law. If the offender is a public officer or a candidate, the penalty shall be prision mayor in its medium period. In addition, the offender shall be sentenced to suffer perpetual disqualification to hold public office and deprivation of the right to vote. (E) For election offenses covered by Article 44, except Section 449 (c) thereof, the penalty shall be prision correccional in its maximum period. The penalty of prision mayor in its minimum period shall be imposed upon any person found guilty under Section 449 (c) without the benefit of the operation of the Indeterminate Sentence Law. If the offender is a public officer or a candidate, the penalty shall be prision mayor in its medium period. In addition, the offender shall be sentenced to suffer perpetual disqualification to hold public office and deprivation of the right to vote. (F) Any person found guilty of electoral sabotage, as defined under Article 45, whether as a principal, accomplice, or accessory, shall be meted the penalty of life imprisonment and shall be automatically perpetually disqualified from holding public office and from exercising his or her right to suffrage. (G) The penalty of arresto mayor in its maximum period shall be imposed upon any person who is found guilty of violation any of the offenses covered by Article 46, except for the offense under Section 455 thereof. (H) The penalty of prision mayor in its minimum period shall be imposed upon any person found guilty under Section 455 without the benefit of the operation of the Indeterminate Sentence Law. If the offender is a public officer or a candidate, the penalty shall be prision mayor in its medium period. In addition, the offender shall be sentenced to suffer perpetual disqualification to hold public office and deprivation of the right to vote.

SEC. 464. Disqualification. - Except in instances when the Code prescribes for

perpetual disqualification to hold public office and/or to exercise the right of suffrage, any person who is convicted by final judgment of any election offense under this Code shall be disqualified from holding public office and from exercising his or her right to vote during the duration of his sentence.

SEC. 465. Use of information and communications technology. - The penalty

to be imposed for any of the offenses under this Chapter shall be one (1) degree 9 higher if the same was committed by, through or with the use of information and communications technologies.

SEC. 466. Liability under other laws. - A prosecution or conviction under this

Code shall be without prejudice to any liability for violation of any provision of the Revised Penal Code, as amended, or special laws.

SEC. 467. Prescription. - The offense of electoral sabotage under Article 45

shall prescribe after twenty (20) years from the date of its commission. All other election offenses under this Chapter shall prescribe after ten (10) years from the date of their commission. In all cases, if the discovery of the offense be made in an election contest proceeding, the period of prescription shall commence on the date on which the judgment in such proceedings becomes final and executory.

SEC. 468. Preferential disposition of election offenses. - The investigation and

prosecution of cases involving violations of the election laws shall be given preference and priority by the Commission on Elections and prosecuting officials. Their investigation shall be commenced without delay, and shall be resolved by the investigating officer within five days from its submission for resolution. The courts shall likewise give preference to election offenses over all other cases, except petitions for the issuance of a temporary protection order in cases involving violence against women and children, petitions for a Writ of Habeas Corpus or Writ of Amparo, and such other cases which the supreme Court shall deem very urgent. Their trial shall likewise be commenced without delay, and shall be conducted continuously until terminated. The case shall be decided within thirty days from its submission for decision.

SEC. 469. Arrest in connection with the election campaign. - No person shall

be arrested and/or detained at any time for any alleged offense committed during and in connection with any election through any act or language tending to support or oppose any candidate, political party or coalition of political parties under or pursuant to any order of whatever name or nature and by whomsoever issued except only upon a warrant of arrest issued by a competent judge after all the requirements of the Constitution shall have been strictly complied with.

CHAPTER XI FINAL PROVISIONS Article 48 Transitory and Final Provisions

SEC. 470. Pending actions. - Pending actions and causes of action arising

before the effectivity of this Code shall be governed by the laws then in force.

SEC. 471. Designation of Other Dates for certain Pre-election Acts. - If it should

no longer be reasonably possible to observe the periods and dates prescribed by law for certain pre-election acts, the Commission shall fix other periods and dates in order to ensure accomplishment of the activities so voters shall not be deprived of their right of suffrage.

SEC. 472. Separability clause. - Should any portion of this Code be declared

unconstitutional, the other subparagraphs, paragraphs, sections, articles, or chapters not affected thereby shall remain valid and effective.

SEC. 473. Repealing clause. - All laws, decrees, orders, and issuances, or

portions thereof, which are inconsistent with the provisions of this Act, are hereby repealed, amended, or modified accordingly.

SEC. 474. Effectivity. - This Code shall take effect thirty (30) days after its

25 publication in two daily newspapers of general circulation. Approved,