by the Philippine Constitution, the Omnibus Election Code (Batas Pambansa Bilang ) and other relevant election laws, RESOLVED. BATAS PAMBANSA BLG. – OMNIBUS ELECTION CODE OF THE PHILIPPINES. 2. COMELEC , AS AMENDED, REPUBLIC ACT NO. AND. Omnibus Election Code of the Philippines (Batas Pambansa Blg. ). [[No Author].] on *FREE* shipping on qualifying offers.
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Election and campaign periods. The campaign periods shall not include the day before and the day of the election.
Philippine legal codes
Section 4 Obligation to register and vote. Section 5 Postponement of election. Section 6 Failure of election. The Commission shall send sufficient copies of its resolution for the holding of the election to its provincial election supervisors and election registrars for dissemination, who shall post copies thereof in at least three conspicuous places preferably where public meetings are held in each city or municipality affected. Section 8 Election Code to be available in pambans places.
Section 9 Official mail and telegram relative to elections.
Telegrams 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 Director of 881 Bureau of Telecommunications, and the managers of private telecommunication companies to transmit immediately and in preference to all other communications or telegrams messages reporting election results and such other messages or communications which the Commission may require or may be necessary to ensure free, honest and orderly elections.
Section 10 Election expenses. The Commission may direct that in the provinces, cities, or municipalities, the election expenses chargeable to the Commission be advanced by the province, city or municipality concerned subject to reimbursement by the Commission upon presentation of the proper bill. 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 batsa activities funds in the general appropriations act and from those specifically bata for the purpose in special laws. Section 11 Failure to assume office. This disqualifications to be a candidate herein provided shall be deemed removed upon the declaration by competent authority that said insanity or incompetence had been removed or after the expiration of a period of five years from his service of sentence, unless within the same period he again becomes disqualified.
Regular election for President and Vice-President. The President-elect and the Vice-President-elect shall assume office at bahas 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 successor shall begin.
Section 14 Special election for President and Vice-President. The bill calling such special election shall be deemed certified under paragraph 2Section 19, Article VIII of the Constitution and shall become law upon its approval on third reading by the Batasang Pambansa. Appropriations for the special election shall be charged against any current appropriations and shall be exempt from the requirements of paragraph 4Section 16 of Article VIII of the Constitution.
The convening of the Batasang Pambansa cannot be suspended nor the special election postponed. No special election shall be called if the vacancy occurs within seventy days before the date of the presidential election of Section 15 Canvass of votes for President and Vice-President by the provincial or city board of canvassers.
It shall meet continuously from day to day until the canvass is completed, but may adjourn only for the purpose of awaiting the other election returns. Each time the board adjourns, it shall make a total of all the votes cast for each candidate for President and for Vice-President, duly authenticated by the signatures and thumbmarks of all the members of the provincial, city or district board of canvassers, furnishing the Commission in Manila by the fastest means of communication a copy thereof, and making available the data contained therein to mass media and other interested parties.
Upon the completion of the canvass, the board hatas prepare a certificate of canvass showing the votes received by each candidate for the office of the Pambanaa and for Vice-President, duly authenticated by the signatures and thumbmarks of all the members of the provincial, city or district board of canvassers. Upon the completion of the certificate of canvass, the pambanda shall certify and transmit the said certificate of canvass to the Speaker of the Batasang Pambansa.
The provincial, city and district boards of canvassers shall prepare the certificate of canvass for the election of President and Vice-President, supported by a statement of votes by polling place, in quintuplicate by the use of carbon papers or such other means as the Commission shall prescribe to the end that all five copies shall be legibly produced in one handwriting. The five copies of the certificate of canvass must bear the signatures and thumbmarks of all the members of the board.
Upon the completion of these certificates and statements, they shall be enclosed in envelopes furnished by the Commission and sealed, and immediately distributed as follows: Failure to comply with the requirements of this section shall constitute an election offense. Section 17 Correction of errors in certificate and supporting statement already transmitted to the Speaker.
Section 18 Preservation of ballot boxes, their keys, and disposition of their contents. Section 19 When certificate of canvass is incomplete or bears erasures or alterations.
Said psmbansa returns shall be submitted by personal delivery to the Speaker within two days from receipt of notice. When it appears that any certificate of canvass or supporting statement of votes by polling place bears erasures or alterations which may cast doubt as to the veracity of the number of votes stated therein and may affect the result of the election, the Batasang Pambansa upon request of the Presidential or Vice-Presidential candidate concerned or his party shall, for the sole purpose of verifying the actual number of votes cast for President or Vice-President, count the votes as they appear in the copies of the election returns for the Commission.
For this purpose, the Speaker shall require the Commission to deliver its copies of the election returns to the Batasang Pambansa. Section 20 Proclamation of the President-elect and Vice-President-elect. In case there are certificates of canvass which have not been submitted to the Speaker of pxmbansa Batasang Pambansa on account of missing election returns, a proclamation may be made if the missing certificates will not affect the results of the election.
In case the certificates of canvass which were not submitted on account of missing election returns will affect the results of the election, no proclamation shall be made. The Speaker shall immediately instruct the boards of canvassers concerned to obtain the missing election returns from the boards of election inspectors or, if the returns have been lost or destroyed upon prior authority from the Commission, to use any authentic copy of said election returns batqs the purpose of conducting the canvass, and thereafter issue the certificates of canvass.
The certificates of canvass shall be immediately transmitted to the Speaker of the Batasang Pambansa. Proclamation shall be made only upon submission of all certificates of canvass or when the missing certificates of canvass will not affect the results of the election. Regular election of Members of the Batasang Pambansa. Section 22 Special election for Members of the Batasang Pambansa. The Batasang Pambansa through a duly approved resolution or an official communication of the Speaker when it is not in session shall certify to the Commission the existence of said pambanza.
Composition of the Batasang Pambansa. Any province that may hereafter be created or any component city that may hereafter be declared by or pursuant to law as a highly urbanized city shall be entitled in the immediately following election to at least one Member or such number of Members as it may be entitled to on the basis of the number of the inhabitants and on the same uniform and progressive ratio used in the last preceding apportionment.
The number of Members apportioned to the province out of which the new province was created or where the new highly urbanized city is geographically located shall be correspondingly adjusted by the Commission, but such adjustment pmabansa not be made within one hundred twenty days before the election.
Voting by province and its component cities, by highly urbanized city or by district in Metropolitan Manila.
The pambansx corresponding to the number of Member or Members to be elected in a constituency who receive the highest number of votes shall be declared elected. Each sector shall be entitled to four representatives, two of whom shall come from Luzon, one from Visayas, and one from Mindanao: Provided, That the youth sector shall be entitled to two additional sectoral representatives who shall be elected from any part of the country.
Scope of the sectors. It includes agricultural tenants and lessees, rural workers and farm employees, owner-cultivators, settlers and small fishermen. Selection of sectoral representatives. The President shall appoint baats among the nominees submitted by the aforementioned organizations or aggroupments the representatives of each sector. In recognizing the most representative and generally recognized organizations or aggroupments, the Ministers of Agrarian Reform and of Agriculture and Food, the Minister of Labor and Employment, and the Ministers of Local Government and Education, Culture and Sports shall consider:.
The President of the Philippines shall, in writing, notify the Secretary-General of the Batasang Pambansa of the appointment made by him of any sectoral representative. Except as herein otherwise provided, sectoral representatives shall have the same functions, responsibilities, rights, privileges, qualifications and disqualifications as the representatives from the provinces and their component cities, highly urbanized cities or districts of Metropolitan Manila.
Regular elections of local officials.
Official COMELEC Website :: Commission on Elections
The officials elected shall assume office on the thirtieth day of June next following the election and shall hold office for six years and until their successors shall baatas been elected and qualified. All local incumbent officials whose tenure of office shall expire on March 23, shall hold office until June 30, or until their successors shall have been elected and qualified: Provided, That they cannot be suspended or removed without just cause.
Component and highly urbanized cities.
The electorate of highly urbanized cities shall not vote in the election for provincial officials of the province in which it is located: Provided, however, That no component city shall be declared or be entitled to a highly urbanized city status within ninety days prior to any election. The Sangguniang Pampook of the autonomous regions. The President shall appoint an additional seven representatives in each region whenever in his judgment any other sector is not properly represented in the Sangguniang Pampook as a result of the elections.
Apportionment of members of btas Sangguniang Pampook. Election of members of Sangguniang Pampook. The candidates corresponding to the number of member or members to be elected in a constituency who receive the highest number of votes shall be declared elected.
The President of the Philippines shall in writing notify the Speaker of the Sangguniang Pampook of each region of the appointment made by him of any sectoral representative.
The sectoral representatives shall have the same functions, responsibilities, rights, privileges, qualifications and disqualifications as the elective provincial representatives to the Sangguniang Pampook: Provided, however, That no defeated candidate for member of the Sangguniang Pampook in the immediately preceding election shall be appointed as sectoral representative.
Provided, That the appointee shall come from the same province or sector of the member being replaced. They may not be removed or replaced except in accordance with the internal rules of said assembly 8881 provisions of pertinent laws. The election of members of the Sangguniang Pampook of the two regions shall be held simultaneously with the local elections batxs Those elected in said elections shall have a term of four years starting June 30, Those elected in the election of to be held simultaneously with the elections of Members of the Batasang Pambansa shall have a term of six years.
Regular election of barangay officials. No person who files a certificate of candidacy shall represent or allow himself to be represented as a candidate of any political pambahsa 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 pambnsa 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.
House of Representatives
Nothing bagas 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.
The candidate shall state the barangay office for which he is a candidate. The certificate of candidacy shall be filed with the secretary of the sangguniang barangay who shall have the bwtas duty to receive said certificate of candidacy and to immediately acknowledge receipt thereof.
In case the secretary refuses to receive the same, or in the case of his absence or non-availability, a candidate may file his certificate with the election registrar of the city or municipality concerned.
The secretary of the sangguniang barangay or the election registrar, as the case may be, shall prepare a consolidated list all the candidates and shall post said list in the barangay hall and in other conspicuous places in the barangay at least ten days before the election.
Any elective or appointive municipal, city, provincial or national official or employee, or those in the civil or military service, including those in government-owned or controlled corporations, shall be considered automatically resigned upon the filing of certificate of candidacy for a barangay office. In case no public elementary school teachers are available, the Commission shall designate batws registered voter in the polling place who is not an incumbent pambanza official nor related to any candidate for any position in that barangay within the fourth civil degree of affinity or consanguinity.
The original of this report shall be delivered immediately to the barangay board of canvassers. The second copy shall be delivered to the election registrar and the third copy shall be delivered to the secretary of the sangguniang barangay who shall keep the same on file. Registration of voters and list of voters. Any voter may challenge the qualification of any person seeking to register and said challenge shall be heard and decided on the same day by the board of election tellers.
The final list of voters shall be posted in the polling places at least two days before election day. The registration of any voter shall not be transferred without written notice at least two days before the date of election. Not later than the day following the barangay election, the board of election tellers shall deliver the list of voters to the election registrar for custody and safekeeping.