A.

Constitutional Provisions

1. Article V on Suffrage, 1987 Philippine Constitution

ARTICLE V
SUFFRAGE
Section 1. Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified by law, who are at
least eighteen years of age, and who shall have resided in the Philippines for at least one year, and in the place wherein
they propose to vote, for at least six months immediately preceding the election. No literacy, property, or other
substantive requirement shall be imposed on the exercise of suffrage.
Section 2. The Congress shall provide a system for securing the secrecy and sanctity of the ballot as well as a system
for absentee voting by qualified Filipinos abroad.
The Congress shall also design a procedure for the disabled and the illiterates to vote without the assistance of other
persons. Until then, they shall be allowed to vote under existing laws and such rules as the Commission on Elections
may promulgate to protect the secrecy of the ballot.

2. Article IX C, Provisions on Commission on Elections

C. The Commission on Elections

SECTION 1. (1) There shall be a Commission on Elections composed of a Chairman and six Commissioners who
shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age,
holders of a college degree, and must not have been candidates for any elective position in the immediately preceding
elections. However, a majority thereof, including the Chairman, shall be Members of the Philippine Bar who have been
engaged in the practice of law for at least ten years.

(2) The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on
Appointments for a term of seven years without reappointment. Of those first appointed, three Members shall hold
office for seven years, two Members for five years, and the last Members for three years, without reappointment.
Appointment to any vacancy shall be only for the unexpired term of the predecessor. In no case shall any Member be
appointed or designated in a temporary or acting capacity.

SECTION 2. The Commission on Elections shall exercise the following powers and functions:

(1) Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative,
referendum, and recall.

(2) 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.

(3) 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.

(4) 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.

(5) 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.

(6) 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.
(7) Recommend to the Congress effective measures to minimize election spending, including limitation of places
where propaganda materials shall be posted, and to prevent and penalize all forms of election frauds, offenses,
malpractices, and nuisance candidacies.

(8) Recommend to the President 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.

(9) Submit to the President and the Congress a comprehensive report on the conduct of each election, plebiscite,
initiative, referendum, or recall.

SECTION 3. The Commission on Elections may sit en banc or in two divisions, and shall promulgate its rules of
procedure in order to expedite disposition of election cases, including pre-proclamation controversies. All such election
cases shall be heard and decided in division, provided that motions for reconsideration of decisions shall be decided by
the Commission en banc.

SECTION 4. The Commission may, 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.

SECTION 5. No pardon, amnesty, parole, or suspension of sentence for violation of election laws, rules, and
regulations shall be granted by the President without the favorable recommendation of the Commission.

SECTION 6. A free and open party system shall be allowed to evolve according to the free choice of the people,
subject to the provisions of this Article.

SECTION 7. No votes cast in favor of a political party, organization, or coalition shall be valid, except for those
registered under the party-list system as provided in this Constitution.

SECTION 8. Political parties, or organizations or coalitions registered under the party-list system, shall not be
represented in the voters registration boards, boards of election inspectors, boards of canvassers, or other similar
bodies. However, they shall be entitled to appoint poll watchers in accordance with law.

SECTION 9. Unless otherwise fixed by the Commission in special cases, the election period shall commence ninety
days before the day of the election and shall end thirty days after.

SECTION 10. Bona fide candidates for any public office shall be free from any form of harassment and
discrimination.

SECTION 11. Funds certified by the Commission as necessary to defray the expenses for holding regular and special
elections, plebiscites, initiatives, referenda, and recalls, shall be provided in the regular or special appropriations and,
once approved, shall be released automatically upon certification by the Chairman of the Commission.
B. Statutory Laws

01. BP 881 Omnibus Election Code of the Philippines (December 3, 1985) 2001)
 % RA 8295 Lone Candidate Law (June 6, 1997)

% Republic Act No. 8295 June 6, 1997

% AN ACT PROVIDING FOR THE PROCLAMATION OF A LONE CANDIDATE FOR ANY ELECTIVE
OFFICE IN A SPECIAL ELECTION, AND FOR OTHER PURPOSES

% Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::

% Section 1. Declaration of policy. It is hereby declared the policy of the State to provide the people with adequate and
constant governance and representation in public affairs. Towards this end, the State shall ensure that, as much as
practicable, each and every elective position in the executive and legislative branches of government is occupied at all
times at the least of cost to government.

% Section 2. Proclamation of a lone candidate. Upon the expiration of the deadline for the filing of the certificates of
candidacy in a special election called to fill a vacancy in an elective position other than for President and Vice
President, when there is only one (1) qualified candidate for such position, the lone candidate shall be proclaimed
elected to the position by proper proclaiming body of the Commission on Elections without holding the special election
upon certification by the Commission on Elections that he is the only candidate for the office and is thereby deemed
elected.

% Section 3. Assumption of office. In the absence of any lawful ground to deny due course or cancel the certificate of
candidacy in order to prevent such proclamation, as provided for under Sec.s 69 and 78 of Batas Pambansa Bilang 881
also known as the Omnibus Election Code of the Philippines, the candidate referred to in the preceding paragraph shall
assume office not earlier than the scheduled election day. Certificates of candidacy filed in violation hereof shall not be
given due course. For this purpose, the Commission shall decide petitions for disqualifications not later than election
day; otherwise, such petitions shall be deemed dismissed.

% Section 4. Disqualification. In addition to the disqualifications mentioned in Sec.s 12 and 68 of the Omnibus
Election Code and Sec. 40 of Republic Act No. 7160, otherwise known as the Local Government Code, whenever the
evidence of guilt is strong, the following persons are disqualified to run in a special election called to fill the vacancy in
an elective office, to wit:

% a) Any elective official who has resigned from his office by accepting an appointive office or for whatever reason
which he previously occupied but has caused to become vacant due to his resignation; and
%

% b) Any person who, directly or indirectly, coerces, bribes, threatens, harasses, intimidates or actually causes, inflicts or
produces any violence, injury, punishment, torture, damage, loss or disadvantage to any person or persons aspiring to
become a candidate or that of the immediate member of his family, his honor or property that is meant to eliminate all
other potential candidate.

% Section 5. Prohibited acts, election offenses and penalties. Any act of coercion, bribery, threat, harassment,
intimidation, terrorism, or actually causing, inflicting or producing violence, injury, punishment, torture, damage, loss
or disadvantage to discourage any other person or persons from filing a certificate of candidacy in order to eliminate all
other potential candidate from running in a special election shall constitute as an election offense. Violations of this
provision shall be prosecuted and penalized in accordance with the provision of Sec. 264 of the Omnibus Election
Code.

% Section 6. Applicability. The pertinent provisions of Batas Pambansa Bilang 881, as amended, otherwise known as
the Omnibus Election Code of the Philippines, and other election laws which are not in conflict with the provision
herein provided, shall remain in full force and effect and are hereby adopted as parts hereof.
%

% Section 7. Implementing authority. The Commission on Elections shall, within fifteen (15) days from the effectivity
of this Act, promulgate rules and regulations necessary to carry out the purpose of this Act.

% Section 8. Separability clause. If for any reason or reasons, any Sec., provision of this Act, or any part thereof, or the
application of such Sec., provision or portion is declared or held unconstitutional or invalid, other parts or the
remainder thereof which are not affected thereby shall continue to be in full force and effect.

% Section 9. Repealing clause. All laws, decrees, executive orders, in whole or in part, particularly pertinent provisions
of Republic Act Nos. 7160 and 7166, including the rules and regulations promulgated thereunder inconsistent with the
provisions of this Act, are hereby amended, repealed or modified accordingly.

% Section 10. Effectivity. This Act shall take effect fifteen (15) days after its publication in two (2) national newspapers
of general circulation.

% Approved: June 6, 1997

 % RA 8436 Election Modernization Law - December 22 1997

% Republic Act No. 8436 December 22, 1997

Amended by RA 9369

% AN ACT AUTHORIZING THE COMMISSION ON ELECTIONS TO USE AN AUTOMATED ELECTION

SYSTEM IN THE MAY 11, 1998 NATIONAL OR LOCAL ELECTIONS AND IN SUBSEQUENT NATIONAL
AND LOCAL ELECTORAL EXERCISES, PROVIDING FUNDS THEREFOR AND FOR OTHER PURPOSES

% Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::

% Section 1. Declaration of policy. - It is the policy of the State to ensure free, orderly, honest, peaceful and credible
elections, and assure the secrecy and sanctity of the ballot in order that the results of elections, plebiscites, referenda,
and other electoral exercises shall be fast, accurate and reflective of the genuine will of the people.

% Section 2. Definition of terms. - As used in this Act, the following terms shall mean:

% 1. Automated election system - a system using appropriate technology for voting and electronic devices to count votes
and canvass/consolidate results;
%

% 2. Counting machine - a machine that uses an optical scanning/mark-sense reading device or any similar advanced
technology to count ballots;
%

% 3. Data storage device - a device used to electronically store counting and canvassing results, such as a memory pack or
diskette;
%

% 4. Computer set - a set of equipment containing regular components, i.e., monitor, central processing unit or CPU,
keyboard and printer;
%

% 5. National ballot - refers to the ballot to be used in the automated election system for the purpose of the May 11, 1998
elections. This shall contain the names of the candidates for president, vice-president, senators and parties,
organizations or coalitions participating under the party-list system.
%

% This ballot shall be counted by the counting machine;

%

% 6. Local Ballot - refers to the ballot on which the voter will manually write the names of the candidates of his/her
choice for member of the House of Representatives, governor, vice-governor, members of the provincial board,
mayor, vice-mayor, and members of the city/municipal council. For the purpose of the May 11, 1998 elections, this
ballot will be counted manually;
%

% 7. Board of Election Inspectors - there shall be a Board of Election Inspectors in every precinct composed of three (3)
regular members who shall conduct the voting, counting and recording of votes in the polling place.

% For the purpose of the May 11, 1998 elections, there shall be special members composed of a fourth member in each
precinct and a COMELEC representative who is authorized to operate the counting machine. Both shall conduct the
counting and recording of votes of the national ballots in the designated counting centers;
%

% 8. Election returns - a machine-generated document 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 directly produced by the counting
machine;
%
% 9. Statement of votes - a machine-generated document containing the votes obtained by candidates in each precinct in a
city/municipality;
%

% 10. City/municipal/district/provincial certificate of canvass of votes - a machine-generated document containing the

total votes in figures obtained by each candidate in a city/municipality/district/ province as the case may be; and
%

% 11. Counting center - a public place designated by the Commission where counting of votes and
canvassing/consolidation of results shall be conducted.

% Section 3. Qualifications, rights and limitations of the special members of the Board of Election Inspectors. - No
person shall be appointed as a special member of the board of election inspectors unless he/she is of good moral
character and irreproachable reputation, a registered voter, has never been convicted of any election offense or of any
crime punishable by more than six (6) months imprisonment or if he/she has pending against him/her an information
for any election offense or if he/she is related within the fourth civil degree of consanguinity or affinity to any
member of the board of election inspectors or any special member of the same board of Election Inspector or to any
candidate for a national position or to a nominee as a party list representative or his/her spouse. The special members
of the board shall enjoy the same rights and be bound by the same limitations and liabilities of a regular member of
the board of election inspectors but shall not vote during the proceedings of the board of election inspectors except on
matters pertaining to the national ballot.

% Section 4. Duties and functions of the special members of the Board of Election Inspectors. -

% 1. During the conduct of the voting in the polling place, the fourth member shall:

1 (a) accomplish the minutes of voting for the automated election system in the precinct; and

2 (b) ensure that the national ballots are placed inside the appropriate ballot box;
%

% 2. On the close of the polls, the fourth member shall bring the ballot box containing the national ballots to the
designated counting center;
%

% 3. Before the counting of votes, the fourth member shall verify if the number of national ballots tallies with the data in
the minutes of the voting;
%

% 4. During the counting of votes, the fourth member and the COMELEC authorized representative shall jointly
accomplish the minutes of counting for the automated election system in the precinct;

% 5. After the counting of votes, the fourth member and the COMELEC authorized representative shall jointly:

% (a) certify the results of the counting of national ballots from the precinct; and

% (b) bring the ballot box containing the counted national ballots together with the minutes of voting and counting,
and other election documents and paraphernalia to the city or municipal treasurer for safekeeping.

% Section 5. Board of Canvassers. - For purposes of the May 11, 1998 elections, each province, city or municipality
shall have two (2) board of canvassers, one for the manual election system under the existing law, and the other, for
the automated system. For the automated election system, the chairman of the board shall be appointed by the
Commission from among its personnel/deputies and the members from the officials enumerated in Section 21 of
Republic Act No. 6646.

% Section 6. Authority to use an automated election system. - To carry out the above-stated policy, the Commission on
Elections, herein referred to as the Commission, is hereby authorized to use an automated election system, herein
 referred to as the System, for the process of voting, counting of votes and canvassing/consolidation of results of the
national and local elections: Provided, however, That for the May 11, 1998 elections, the System shall be applicable
in all areas within the country only for the positions of president, vice-president, senators and parties, organizations or
coalitions participating under the party-list system.
%

% To achieve the purpose of this Act, the Commission is authorized to procure by purchase, lease or otherwise any
supplies, equipment, materials and services needed for the holding of the elections by an expedited process of public
bidding of vendors, suppliers or lessors: Provided, That the accredited political parties are duly notified of and
allowed to observe but not to participate in the bidding. If, inspite of its diligent efforts to implement this mandate in
the exercise of this authority, it becomes evident by February 9, 1998 that the Commission cannot fully implement
the automated election system for national positions in the May 11, 1998 elections, the elections for both national and
local positions shall be done manually except in the Autonomous Region in Muslim Mindanao (ARMM) where the
automated election system shall be used for all positions.

% Section 7. Features of the system. - The System shall utilize appropriate technology for voting, and electronic devices
for counting of votes and canvassing of results. For this purpose, the Commission shall acquire automated counting
machines, computer equipment, devices and materials and adopt new forms and printing materials.

% The System shall contain the following features: (a) use of appropriate ballots, (b) stand-alone machine which can
count votes and an automated system which can consolidate the results immediately, (c) with provisions for audit
trails, (d) minimum human intervention, and (e) adequate safeguard/security measures.
%

% In addition, the System shall as far as practicable have the following features:

% 1. It must be user-friendly and need not require computer-literate operators;

%

% 2. The machine security must be built-in and multi-layer existent on hardware and software with minimum human
intervention using latest technology like encrypted coding system;
%

% 3. The security key control must be embedded inside the machine sealed against human intervention;
%

% 4. The Optical Mark Reader (OMR) must have a built-in printer for numbering the counted ballots and also for printing
the individual precinct number on the counted ballots;
%

% 5. The ballot paper for the OMR counting machine must be of the quality that passed the international standard like
ISO-1831, JIS-X- 9004 or its equivalent for optical character recognition;
%

% 6. The ballot feeder must be automatic;

%

% 7. The machine must be able to count from 100 to 150 ballots per minute;
%

% 8. The counting machine must be able to detect fake or counterfeit ballots and must have a fake ballot rejector;
%

% 9. The counting machine must be able to detect and reject previously counted ballots to prevent duplication;
%

% 10. The counting machine must have the capability to recognize the ballot's individual precinct and city or municipality
before counting or consolidating the votes;
%
% 11. The System must have a printer that has the capacity to print in one stroke or operation seven (7) copies (original
plus six (6) copies) of the consolidated reports on carbonless paper;
%

% 12. The printer must have at least 128 kilobytes of Random Access Memory (RAM) to facilitate the expeditious
processing of the printing of the consolidated reports;
%

% 13. The machine must have a built-in floppy disk drive in order to save the processed data on a diskette;
%

% 14. The machine must also have a built-in hard disk to store the counted and consolidated data for future printout and
verification;
%

% 15. The machine must be temperature-resistant and rust-proof;

%

% 16. The optical lens of the OMR must have a self-cleaning device;
%

% 17. The machine must not be capable of being connected to external computer peripherals for the process of vote consolidation;
%

% 18. The machine must have an Uninterrupted Power Supply (UPS);

%

% 19. The machine must be accompanied with operating manuals that will guide the personnel of the Commission the
proper use and maintenance of the machine;
%

% 20. It must be so designed and built that add-ons may immediately be incorporated into the System at minimum expense;
%

% 21. It must provide the shortest time needed to complete the counting of votes and canvassing of the results of the election;
%

% 22. The machine must be able to generate consolidated reports like the election return, statement of votes and
certificate of canvass at different levels; and
%

% 23. The accuracy of the count must be guaranteed, the margin of error must be disclosed and backed by warranty under
such terms and conditions as may be determined by the Commission.

% In the procurement of this system, the Commission shall adopt an equitable system of deductions or demerits for
deviations or deficiencies in meeting all the above stated features and standards.
%

% For this purpose, the Commission shall create an Advisory Council to be composed of technical experts from the
Department of Science and Technology (DOST), the Information Technology Foundation of the Philippines (ITFP),
the University of the Philippines (UP), and two (2) representatives from the private sector recommended by the
Philippine Computer Society (PCS).
%

% The Council may avail itself of the expertise and services of resource persons of known competence and probity.
%

% The Commission in collaboration with the DOST shall establish an independent Technical Ad Hoc Evaluation
Committee, herein known as the Committee, composed of a representative each from the Senate, House of
Representatives, DOST and COMELEC. The Committee shall certify that the System is operating properly and
accurately and that the machines have a demonstrable capacity to distinguish between genuine and spurious ballots.
%

% The Committee shall ensure that the testing procedure shall be unbiased and effective in checking the worthiness of the
System. Toward this end, the Committee shall design and implement a reliability test procedure or a system stress test.

% Section 8. Procurement of equipment and materials. - The Commission shall procure the automated counting
machines, computer equipment, devices and materials needed for ballot printing and devices for voting, counting and
canvassing from local or foreign sources free from taxes and import duties, subject to accounting and auditing rules
and regulations.

% Section 9. Systems breakdown in the counting center. - In the event of a systems breakdown of all assigned machines
in the counting center, the Commission shall use any available machine or any component thereof from another
city/municipality upon the approval of the Commission en banc or any of its divisions.
%

% The transfer of such machines or any component thereof shall be undertaken in the presence of representatives of
political parties and citizens' arm of the Commission who shall be notified by the election officer of such transfer.

% There is a systems breakdown in the counting center when the machine fails to read the ballots or fails to store/save
results or fails to print the results after it has read the ballots; or when the computer fails to consolidate election
results/reports or fails to print election results/reports after consolidation.

% Section 10. Examination and testing of counting machines. - The Commission shall, on the date and time it shall set
and with proper notices, allow the political parties and candidates or their representatives, citizens' arm or their
representatives to examine and test the machines to ascertain that the system is operating properly and accurately.
Test ballots and test forms shall be provided by the Commission.
%

% After the examination and testing, the machines shall be locked and sealed by the election officer or any authorized
representative of the Commission in the presence of the political parties and candidates or their representatives, and
accredited citizens' arms. The machines shall be kept locked and sealed and shall be opened again on election day
before the counting of votes begins.
%

% Immediately after the examination and testing of the machines, the parties and candidates or their representatives,
citizens' arms or their representatives, may submit a written report to the election officer who shall immediately
transmit it to the Commission for appropriate action.

% Section 11. Official ballot. - The Commission shall prescribe the size and form of the official ballot which shall
contain the titles of the positions to be filled and/or the propositions to be voted upon in an initiative, referendum or
plebiscite. Under each position, the names of candidates shall be arranged alphabetically by surname and uniformly
printed using the same type size. A fixed space where the chairman of the Board of Election inspectors shall affix
his/her signature to authenticate the official ballot shall be provided.
%

% Both sides of the ballots may be used when necessary.

%

% For this purpose, the deadline for the filing of certificate of candidacy/petition for registration/manifestation to
participate in the election shall not be later than one hundred twenty (120) days before the elections: Provided, That,
any elective official, whether national or local, running for any office other than the one which he/she is holding in a
permanent capacity, except for president and vice-president, shall be deemed resigned only upon the start of the
campaign period corresponding to the position for which he/she is running: Provided, further, That, unlawful acts or
omissions applicable to a candidate shall take effect upon the start of the aforesaid campaign period: Provided,
finally, That, for purposes of the May 11, 1998 elections, the deadline for filing of the certificate of candidacy for the
positions of President, Vice President, Senators and candidates under the Party-List System as well as petitions for
registration and/or manifestation to participate in the Party-List System shall be on February 9, 1998 while the
deadline for the filing of certificate of candidacy for other positions shall be on March 27, 1998.
%
% The official ballots shall be printed by the National Printing Office and/or the Bangko Sentral ng Pilipinas at the price
comparable with that of private printers under proper security measures which the Commission shall adopt. The
Commission may contract the services of private printers upon certification by the National Printing Office/Bangko
Sentral ng Pilipinas that it cannot meet the printing requirements. Accredited political parties and deputized citizens'
arms of the Commission may assign watchers in the printing, storage and distribution of official ballots.
%

% To prevent the use of fake ballots, the Commission through the Committee shall ensure that the serial number on the
ballot stub shall be printed in magnetic ink that shall be easily detectable by inexpensive hardware and shall be
impossible to reproduce on a photocopying machine, and that identification marks, magnetic strips, bar codes and
other technical and security markings, are provided on the ballot.
%

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

% Section 12. Substitution of candidates. - In case of valid substitutions after the official ballots have been printed, the
votes cast for the substituted candidates shall be considered votes for the substitutes.

% Section 13. Ballot box. - There shall be in each precinct on election day a ballot box with such safety features that the
Commission may prescribe and of such size as to accommodate the official ballots without folding them.

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

% Section 14. Procedure in voting. - The voter shall be given a ballot by the chairman of the Board of Election
Inspectors. The voter shall then proceed to a voting booth to accomplish his/her ballot.

% If a voter spoils his/her ballot, he/she may be issued another ballot subject to Section 11 of this Act. No voter may be
allowed to change his/her ballot more than once.
%

% After the voter has voted, he/she shall affix his/her thumbmark on the corresponding space in the voting record. The
chairman shall apply indelible ink on the voter's right forefinger and affix his/her signature in the space provided for
such purpose in the ballot. The voter shall then personally drop his/her ballot on the ballot box.

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

% Section 15. Closing of polls. - After the close of voting, the board shall enter in the minutes the number of registered
voters who actually voted, the number and serial number of unused and spoiled ballots, the serial number of the self-
locking metal seal to be used in sealing the ballot box. The board shall then place the minutes inside the ballot box
and thereafter close, lock and seal the same with padlocks, self-locking metal seals or any other safety devices that
the Commission may authorize. The chairman of the Board of Election Inspectors shall publicly announce that the
votes shall be counted at a designated counting center where the board shall transport the ballot box containing the
ballots and other election documents and paraphernalia.
%

% For the purpose of the May 11, 1998 elections, the chairman of the Board of Election Inspectors shall publicly
announce that the votes for president, vice-president, senators and parties, organizations or coalitions participating in
the party-list system shall be counted at a designated counting center. During the transport of the ballot box
containing the national ballots and other documents, the fourth member of the board shall be escorted by
representatives from the Armed Forces of the Philippines or from the Philippine National Police, citizens' arm, and if
available, representatives of political parties and candidates.

% Section 16. Designation of Counting Centers. - The Commission shall designate counting center(s) which shall be a
public place within the city/municipality or in such other places as may be designated by the Commission when peace
and order conditions so require, where the official ballots cast in various precincts of the city/municipality shall be
 counted. The election officer shall post prominently in his/her office, in the bulletin boards at the city/municipal hall
and in three (3) other conspicuous places in the city/municipality, the notice on the designated counting center(s) for
at least fifteen (15) days prior to election day.
%

% For the purpose of the May 11, 1998 elections, the Commission shall designate a central counting center(s) which shall
be a public place within the city or municipality, as in the case of the National Capital Region and in highly urbanized
areas. The Commission may designate other counting center(s) where the national ballots cast from various precincts
of different municipalities shall be counted using the automated system. The Commission shall post prominently a
notice thereof, for at least fifteen (15) days prior to election day, in the office of the election officer, on the bulletin
boards at the municipal hall and in three (3) other conspicuous places in the municipality.

% Section 17. Counting procedure. - (a) The counting of votes shall be public and conducted in the designated counting
center(s).
%

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

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

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

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

% Section 18. Election returns. - After the ballots of the precincts have been counted, the election officer or any official
authorized by the Commission shall, in the presence of watchers and representatives of the accredited citizens' arm,
political parties/ candidates, if any, store the results in a data storage device and print copies of the election returns of each
precinct. The printed election returns shall be signed and thumbmarked by the fourth member and COMELEC authorized
representative and attested to by the election officer or authorized representative. The Chairman of the Board shall then
publicly read and announce the total number of votes obtained by each candidate based on the election returns.

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

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

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

% (2) The second copy, to the Congress, directed to the President of the Senate;
%

% (3) The third copy, to the Commission;

%

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

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

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

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

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

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

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

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

% (2) The second copy, to the Commission;

%

% (3) The third copy, to the provincial board of canvassers;

%

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

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

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

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

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

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

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

% Section 19. 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 ballot boxes shall not be
opened for three (3) months unless the Commission orders otherwise.
%

% Section 20. Substitution of Chairman and Members of the Board of Canvassers. - In case of non-availability,
absence, disqualification due to relationship, or incapacity for any cause of the chairman, the Commission shall
appoint as substitute, a ranking lawyer of the Commission. With respect to the other members of the board, the
Commission shall appoint as substitute the following in the order named: the provincial auditor, the register of deeds,
the clerk of court nominated by the executive judge of the regional trial court, or any other available appointive
provincial official in the case of the provincial board of canvassers; the officials in the city corresponding to those
enumerated in the case of the city board of canvassers; and the municipal administrator, the municipal assessor, the
clerk of court nominated by the judge of the municipal trial court, in the case of the municipal board of canvassers.

% Section 21. 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, and parties, organizations or
coalitions participating under the party-list system by consolidating the results contained in the data storage devices
used in the printing of the election returns. Upon completion of the canvass, it shall print the certificate of canvass of
votes for president, vice-president, senators and members of the House of Representatives and elective provincial
officials and thereafter, proclaim the elected city or municipal officials, as the case may be.
%

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

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

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

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

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

% The municipal, city, district and provincial certificates of canvass of votes shall each be supported by a statement of votes.
%

% The Commission shall adopt adequate and effective measures to preserve the integrity of the data storage devices at the
various levels of the boards of canvassers.

%
% Section 22. Number of copies of Certificates of Canvass of Votes and their distribution. - (a) The certificate of
canvass of votes for president, vice-president, senators, members of the House of Representatives, parties,
organizations or coalitions participating under the party-list system and elective provincial officials shall be printed
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, organizations 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 chairman of the board; and
%

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

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

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

% (1) The first copy shall be sent to Congress, directed to the President of the Senate for use in the canvas of election
results for president and vice-president;
%

% (2) The second copy shall be sent to the Commission for use in the canvass of the election results for senators;
%

% (3) The third copy shall be kept by the chairman of the board; and
%

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

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

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

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

% Section 23. National Board of Canvassers for Senators. - The chairman and members of the Commission on
Elections sitting en banc, shall compose the national board of canvassers for senators. It shall canvass the results for
senators by consolidating the results contained in the data storage devices submitted by the district, provincial and
city boards of canvassers of those cities which comprise one or more legislative districts. Thereafter, the national
board shall proclaim the winning candidates for senators.

%
% Section 24. 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 returns of every election for president and vice-president duly certified by the board of canvassers
of each province or city, shall be transmitted 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 by consolidating the results contained in the data storage
devices submitted by the district, provincial and city boards of canvassers and thereafter, proclaim the winning
candidates for president and vice-president.

% Section 25. Voters' education. - The Commission together with and in support of accredited citizens' arms shall carry
out a continuing and systematic campaign through newspapers of general circulation, radio and other media forms, as
well as through seminars, symposia, fora and other non-traditional means to educate the public and fully inform the
electorate about the automated election system and inculcate values on honest, peaceful and orderly elections.

% Section 26. Supervision and control. - The System shall be under the exclusive supervision and control of the
Commission. For this purpose, there is hereby created an information technology department in the Commission to
carry out the full administration and implementation of the System.

% The Commission shall take immediate steps as may be necessary for the acquisition, installation, administration,
storage, and maintenance of equipment and devices, and to promulgate the necessary rules and regulations for the
effective implementation of this Act.

% Section 27. Oversight Committee. - An Oversight Committee is hereby created composed of three (3) representatives
each from the Senate and the House of Representatives and three (3) from the Commission on Elections to monitor
and evaluate the implementation of this Act. A report to the Senate and the House of Representatives shall be
submitted within ninety (90) days from the date of election.

% The oversight committee may hire competent consultants for project monitoring and information technology concerns
related to the implementation and improvement of the modern election system. The oversight committee shall be
provided with the necessary funds to carry out its duties.

% Section 28. Designation of other dates for certain pre-election acts. - If it shall 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 suffrage.

% Section 29. Election offenses. - In addition to those enumerated in Sections 261 and 262 of Batas Pambansa Blg. 881,
as amended, the following acts shall be penalized as election offenses, whether or not said acts affect the electoral
process or results:

% (a) Utilizing without authorization, tampering with, destroying or stealing:

% (1) Official ballots, election returns, and certificates of canvass of votes used in the System; and

% (2) Electronic devices or their components, peripherals or supplies used in the System such as counting machine,
memory pack/diskette, memory pack receiver and computer set;

% (b) Interfering with, impeding, absconding for purpose of gain, preventing the installation or use of computer counting
devices and the processing, storage, generation and transmission of election results, data or information; and

% (c) Gaining or causing access to using, altering, destroying or disclosing any computer data, program, system software,
network, or any computer-related devices, facilities, hardware or equipment, whether classified or declassified.

% Section 30. Applicability. - The provisions of Batas Pambansa Blg. 881, as amended, otherwise known as the
"Omnibus Election Code of the Philippines", and other election laws not inconsistent with this Act shall apply.

%
% Section 31. Rules and Regulations. - The Commission shall promulgate rules and regulations for the implementation
and enforcement of this Act including such measures that will address possible difficulties and confusions brought
about by the two-ballot system. The Commission may consult its accredited citizens' arm for this purpose.

% Section 32. Appropriations. - The amount necessary to carry out the provisions of this Act shall be charged against the
current year's appropriations of the Commission. Thereafter, such sums as may be necessary for the continuous
implementation of this Act shall be included in the annual General Appropriations Act.

% In case of deficiency in the funding requirements herein provided, such amount as may be necessary shall be
augmented from the current contingent fund in the General Appropriations Act.

% Section 33. Separability clause. - If, for any reason, any section or provision of this Act or any part thereof, or the
application of such section, provision or portion is declared invalid or unconstitutional, the remainder thereof shall
not be affected by such declaration.

% Section 34. Repealing clause. - All laws, presidential decrees, executive orders, rules and regulations or parts thereof
inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

% Section 35. Effectivity. - This Act shall take effect fifteen (15) days after its publication in a newspaper of general circulation.

% Approved, December 22, 1997.

%
% RA 8189 The Voters Registration Act of 1996 (June 11, 1996)
% RA 8173 Act Granting All Citizens Arm Equal Opportunity To Be Accredited by the COMELEC, Amending
RA 7166 (December 20, 1995)

Republic Act No. 8173 December 20 , 1995

AN ACT GRANTING ALL CITIZENS' ARMS EQUAL OPPORTUNITY TO BE ACCREDITED BY THE

COMMISSION ON ELECTIONS, AMENDING FOR THE PURPOSE REPUBLIC ACT NUMBERED
SEVENTY-ONE HUNDRED AND SIXTY-SIX, AS AMENDED

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::

Section 1. Section 27 of Republic Act No. 7166, as amended by Republic Act No. 8045, is hereby further amended to
read as follows:

"Sec. 27. Number of Copies of Election Returns and their Distribution. - The Board of election inspectors shall
prepare in handwriting the election returns in their respective polling places, in the number of copies herein
provided and in the form to be prescribed and provided by the Commission.

"The copies of the election returns shall be distributed as follows:

"(a) In the election of President, Vice President, Senators and Members of the House of Representatives:

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

"(2) The second copy, to the Congress, directed to the President of the Senate;

"(3) The third copy, to the Commission;

"(4) The fourth copy, to the dominant majority party as determined by the Commission in accordance
with law;

"(5) The fifth copy, to the dominant minority party is determined by the Commission in accordance with
law;

"(6) The sixth copy, to a citizens' arm authorized by the Commission to conduct an unofficial count:
provided, however, that the accreditation of the citizens' arm shall be subject to the provisions of Section
52(k) of Batas Pambansa Blg. 881; and

"(7) The seventh copy shall be deposited inside the compartment of the ballot box for valid ballots; and

"(b) In the election of local officials:

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

"(2) The second copy, to the Commission;

"(3) The third copy, to the provincial board of canvassers;

"(4) The fourth copy, to the dominant majority party as determined by the Commission in accordance
with law;

"(5) The fifth copy, to the dominant minority party as determined by the Commission in accordance with
law;

"(6) The sixth copy, to a citizens' arm authorized by the Commission to conduct an unofficial count:
provided, however, that the accreditation of the citizens' arm shall be subject to the provisions
of Section 52(k) of Batas Pambansa Blg. 881; and

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

Section 2. Repealing Clause. - All laws, decrees, executive orders, rules and regulations, or parts thereof, inconsistent
with the provisions of this Act are hereby repealed.

Section 3. Effectivity. - This Act shall take effect immediately upon its approval.

Approved: December 20 , 1995.

 % RA 8045 Synchronized Election Act, Amending RA 7166 (June 7, 1995)

REPUBLIC ACT NO. 8045

REPUBLIC ACT NO. 8045 - AN ACT AMENDING Sec. 27 OF REPUBLIC ACT NO. 7166, ENTITLED "AN
ACT PROVIDING FOR SYNCHRONIZED NATIONAL AND LOCAL ELECTIONS AND FOR
ELECTORAL REFORMS, AUTHORIZING APPROPRIATIONS THEREFOR, AND FOR OTHER
PURPOSES."

Section 1. Sec. 27 of Republic Act No. 7166 is hereby amended to read as follows:

"Sec. 27. Number of Copies of Election Returns and their Distribution. The board of election inspectors shall
prepare in handwriting the election returns in their respective polling places, in the number of copies herein provided
and in the form to be prescribed and provided by the Commission.

"The copies of the election returns shall be as follows:

"a) In the election of President, Vice President. Senators and Members of the House of Representatives:

"1) The first copy shall be delivered to the city or municipal board of canvassers:
"2) The second copy, to the Congress, directed to the President of the Senate;
"3) The third copy, to the Commission;
"4) The fourth copy, to the dominant majority party as determined by the Commission in accordance with law;
"5) The fifth copy, to the dominant minority party as determined by the Commission in accordance with law;
"6) The sixth copy, to a citizens' arm authorized by the Commission to conduct an unofficial count: provided, however,
that the accreditation of the citizens' arm shall be subject to the provisions of Sec. 52 (k) of Batas Pambansa Blg. 881:
provided, further, that such citizens arm previously authorized by the Commission before the effectivity of this Act shall
not be qualified for accreditation; and
"7) The seventh copy shall be deposited inside the compartment of the ballot box for valid ballots; and

"b) In the election of local officials;

"1) The first copy shall be delivered to the city or municipal board of canvassers;
"2) The second copy, to the Commission;
"3) The third copy, to the provincial board of canvassers;
"4) The fourth copy, dominant majority party as determined by the Commission in accordance with law;
"5) The fifth copy, to the dominant minority party as determined by the Commission in accordance with law;
"6) The sixth copy, to a citizens' arm authorized by the Commission to conduct an unofficial count: provided, however,
that the accreditation of the citizens' arm shall be subject to the provisions of Sec. 52 (k) of Batas Pambansa Blg. 881;
Provided, further, that such citizens' arm previously authorized by the Commission before the effectivity of this Act shall
not be qualified for accreditation; and
"7) The seventh copy, shall be deposited inside the compartment of the ballot box for valid ballots."

Sec. 2. Separability Clause. If any part of this Act is held invalid or unconstitutional, the remaining parts or
provisions hereof shall remain valid and effective.

Sec. 3. Repealing Clause. All laws, decrees, executive orders, rules and regulations, or parts thereof, inconsistent
with the provisions of this Act are hereby repealed.

Sec. 4. Effectivity. This Act shall take effect immediately upon its approval.
 RA 7941 Party-List System Act (March 3, 1995)
AN ACT PROVIDING FOR THE ELECTION OF PARTY-LIST REPRESENTATIVES THROUGH THE
PARTY-LIST SYSTEM, AND APPROPRIATING FUNDS THEREFOR

Section 1. Title. This Act shall be known as the "Party-List System Act."

Section 2. Declaration of part y. The State shall promote proportional representation in the election of representatives
to the House of Representatives through a party-list system of registered national, regional and sectoral parties or
organizations or coalitions thereof, which will enable Filipino citizens belonging to marginalized and under-represented
sectors, organizations and parties, and who lack well-defined political constituencies but who could contribute to the
formulation and enactment of appropriate legislation that will benefit the nation as a whole, to become members of the
House of Representatives. Towards this end, the State shall develop and guarantee a full, free and open party system in
order to attain the broadcast possible representation of party, sectoral or group interests in the House of Representatives
by enhancing their chances to compete for and win seats in the legislature, and shall provide the simplest scheme
possible.

Section 3. Definition of Terms. (a) The party-list system is a mechanism of proportional representation in the election
of representatives to the House of Representatives from national, regional and sectoral parties or organizations or coalitions
thereof registered with the Commission on Elections (COMELEC). Component parties or organizations of a coalition may
participate independently provided the coalition of which they form part does not participate in the party-list system.

(b) A party means either a political party or a sectoral party or a coalition of parties.

(c) A political party 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.

It 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.

(d) A sectoral party refers to an organized group of citizens belonging to any of the sectors enumerated in Section 5
hereof whose principal advocacy pertains to the special interest and concerns of their sector,

(e) A sectoral organization refers to a group of citizens or a coalition of groups of citizens who share similar
physical attributes or characteristics, employment, interests or concerns.

(f) A coalition refers to an aggrupation of duly registered national, regional, sectoral parties or organizations for
political and/or election purposes.

Section 4. Manifestation to Participate in the Party-List System. Any party, organization, or coalition already
registered with the Commission need not register anew. However, such party, organization, or coalition shall file with
the Commission, not later than ninety (90) days before the election, a manifestation of its desire to participate in the
party-list system.

Section 5. Registration. Any organized group of persons may register as a party, organization or coalition for purposes
of the party-list system by filing with the COMELEC not later than ninety (90) days before the election a petition
verified by its president or secretary stating its desire to participate in the party-list system as a national, regional or
sectoral party or organization or a coalition of such parties or organizations, attaching thereto its constitution, by-laws,
platform or program of government, list of officers, coalition agreement and other relevant information as the
COMELEC may require: Provided, That the sectors shall include labor, peasant, fisherfolk, urban poor, indigenous
cultural communities, elderly, handicapped, women, youth, veterans, overseas workers, and professionals.

The COMELEC shall publish the petition in at least two (2) national newspapers of general circulation.

The COMELEC shall, after due notice and hearing, resolve the petition within fifteen (15) days from the date it was
submitted for decision but in no case not later than sixty (60) days before election.

Section 6. Refusal and/or Cancellation of Registration. The COMELEC may, motu propio or upon verified complaint
of any interested party, refuse or cancel, after due notice and hearing, the registration of any national, regional or
sectoral party, organization or coalition on any of the following grounds:

(1) It is a religious sect or denomination, organization or association, organized for religious purposes;

(2) It advocates violence or unlawful means to seek its goal;

(3) It is a foreign party or organization;

 (4) It is receiving support 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;

(5) It violates or fails to comply with laws, rules or regulations relating to elections;

(6) It declares untruthful statements in its petition;

(7) It has ceased to exist for at least one (1) year; or

(8) It fails to participate in the last two (2) preceding elections or fails to obtain at least two per centum (2%) of
the votes cast under the party-list system in the two (2) preceding elections for the constituency in which it has
registered.

Section 7. Certified List of Registered Parties. The COMELEC shall, not later than sixty (60) days before election,
prepare a certified list of national, regional, or sectoral parties, organizations or coalitions 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 part y-list nominees shall not be shown on the certified
list.

Section 8. Nomination of Party-List Representatives. Each registered party, organization or coalition shall submit to the
COMELEC not later than forty-five (45) days before the election a list of names, not less than five (5), from which
party-list representatives shall be chosen in case it obtains the required number of votes.

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 COMELEC except in cases where the nominee dies, or
withdraws in writing his nomination, becomes incapacitated in which case the name of the substitute nominee shall be
placed last in the list. Incumbent sectoral representatives in the House of Representatives who are nominated in the
party-list system shall not be considered resigned.

Section 9. Qualifications of Party-List Nominees. No person shall be nominated as party-list representative unless he 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 seeks to represent for at least ninety (90) days preceding the day of the election, and is at least
twenty-five (25) years of age on the day of the election.

In case of a nominee of the youth sector, he 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 term.

Section 10. Manner of Voting. Every voter shall be entitled to two (2) votes: the first is a vote for candidate for member
of the House of Representatives in his legislative district, and the second, a vote for the party, organizations, or
coalition he 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: Provided, finally, That the first election
under the party-list system shall be held in May 1998.

The COMELEC shall undertake the necessary information campaign for purposes of educating the electorate on the
matter of the party-list system.

Section 11. 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.

For purposes of the May 1998 elections, the first five (5) major political parties on the basis of party representation in
the House of Representatives at the start of the Tenth Congress of the Philippines shall not be entitled to participate in
the party-list system.

In determining the allocation of seats for the second vote, 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 parties, organizations, and coalitions receiving at least two percent (2%) of the total votes cast for the
party-list system shall be entitled to one seat each: Provided, That those garnering more than two percent (2%)
of the votes shall be entitled to additional seats in proportion to their total number of votes : Provided, finally,
That each party, organization, or coalition shall be entitled to not more than three (3) seats.
Section 12. Procedure in Allocating Seats for Party-List Representatives. The COMELEC shall tally all the votes for
the parties, organizations, or coalitions 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.

Section 13. How Party-List Representatives are Chosen. Party-list representatives shall be proclaimed by the
COMELEC based on the list of names submitted by the respective parties, organizations, or coalitions to the
COMELEC according to their ranking in said list.

Section 14. Term of Office. 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.

Section 15. Change of Affiliation; Effect. Any elected party-list representative who changes his political party or
sectoral affiliation during his term of office shall forfeit his seat: Provided, That if he changes his political party or
sectoral affiliation within six (6) months before an election, he shall not be eligible for nomination as party-list
representative under his new party or organization.

Section 16. Vacancy. 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 COMELEC 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.

Section 17. Rights of Party-List Representatives. Party-List Representatives shall be entitled to the same salaries and
emoluments as regular members of the House of Representatives.

Section 18. Rules and Regulations. The COMELEC shall promulgate the necessary rules and regulations as may be
necessary to carry out the purposes of this Act.

Section 19. Appropriations. The amount necessary for the implementation of this Act shall be provided in the regular
appropriations for the Commission on Elections starting fiscal year 1996 under the General Appropriations Act.

Starting 1995, the COMELEC is hereby authorized to utilize savings and other available funds for purposes of its
information campaign on the party-list system.

Section 20. Separability Clause. If any part of this Act is held invalid or unconstitutional, the other parts or provisions
thereof shall remain valid and effective.

Section 21. Repealing Clause. All laws, decrees, executive orders, rules and regulations, or parts thereof, inconsistent
with the provisions of this Act are hereby repealed.

Section 22. Effectivity. This Act shall take effect fifteen (15) days after its publication in a newspaper of general
circulation.

Approved, March 3, 1995.

 RA 7887 Act Instituting Electoral Reforms, Amending RA 7166 (Feb 20, 1995)
[REPUBLIC ACT NO. 7887]

AN ACT INSTITUTING ELECTORAL REFORMS FOR THE PURPOSE OF AMENDING SECTION 3,

PARAGRAPHS (C) AND (D) OF REPUBLIC ACT NO. 7166

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Section 3, paragraphs (c) and (d) of Republic Act No. 7166, is hereby amended to read as follows:

(c) The number and election of elective members of the sangguniang panlungsod and sangguniang bayan in the
Metro Manila area, City of Cebu, City of Davao and any other city with two (2) or more legislative districts shall be
elected by districts and in accordance with the provisions of Sections 2 and 3 of Republic Act No.
6636: Provided, That, all cities with one (1) legislative district and all municipalities in the Metro Manila area shall
have twelve (12) councilors each: Provided, further, That, the Commission shall divide all cities with one legislative
district and each of the municipalities in Metro Manila area into two (2) districts by barangay for purposes of
representation in the sangguniang bayan as nearly as practicable according to the number of inhabitants, each district
comprising a compact, contiguous and adjacent territory, and

(d) For purposes of the regular elections on May 11, 1992 and all general elections thereafter, the regular elective
members of the sangguniang panlungsod and sangguniang bayan, shall be elected at large in accordance with existing
laws.

The Commission shall promulgate rules and regulations to effectively implement the provisions of law which may
hereafter be enacted providing for the election of sectoral representatives.

SEC. 2. All provisions of laws, orders, decrees, rules and regulations or other issuances or any part thereof inconsistent
with the provisions of this Act are hereby repealed or amended accordingly.

SEC. 3. This Act shall take effect upon its approval.

Approved,
RA 7166 Synchronized Elections Act (November 26, 1991)
 RA 6646 Electoral Reforms Law of 1987, January 5, 1988

AN ACT INTRODUCING ADDITIONAL REFORMS IN THE ELECTORAL SYSTEM AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::

Section 1. Title. - This Act shall be known and cited as "The Electoral Reforms Law of 1987."

Section 2. Law Governing Elections. - The first local elections under the New Constitution and all subsequent
elections and plebiscites shall be governed by this act and by the provisions of Batas Pambansa Blg. 881, otherwise
known as the Omnibus Election Code of the Philippines, and other election laws not inconsistent with this Act.

Section 3. Voters in Cities. - The registered voters of a highly urbanized city shall not vote in the election for
provincial officials of the province in which it is located. No component city shall be declared or classified as a highly
urbanized city within sixty (60) days prior to a local election.lawphil.net

The registered voters of a component city shall be entitled to vote in the election for the provincial officials of the
province of which it is a part, unless its charter provides otherwise.

Section 4. Certificates of Candidacy; Certified List of Candidates. - The certificates of candidacy shall be filed in
twelve legible signed copies with the offices mentioned in Section 75 of Batas Pambansa Blg. 881. In cities with more
than one election registrar, the Commission on Elections, hereinafter referred to as the Commission, shall designate the
election registrar who shall receive the certificates of candidacy.

In lieu of the additional copies of the certificate of candidacy equal to twice the number of polling places which a
candidate is required to file under said Section 75, the Commission shall cause to be printed certified lists of candidates
containing the names of all registered candidates for each office to be voted for in each province, city or municipality
immediately followed by the nickname or stage name of each candidate duly registered in his certificate of candidacy
and his political party affiliation, if any. Said list shall be posted inside each voting booth during the voting
period.1awphil.net

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

The names of all registered candidates immediately followed by the nickname or stage name shall also be printed in the
election returns and tally sheets.

Section 5. Procedure in Cases of Nuisance Candidates. -

(a) A Verified petition to declare a duly registered candidate as a nuisance candidate under Section 69 of Batas
Pambansa Blg. 881 shall be filed personally or through duly authorized representative with the Commission by
any registered candidate for the same office within five (5) days from the last day for the filing of certificates of
candidacy. Filing by mail not be allowed.
(b) Within three (3) days from the filing of the petition, the Commission shall issue summons to the respondent
candidate together with a copy of the petition and its enclosures, if any.
(c) The respondent shall be given three (3) days from receipt of the summons within which to file his verified
answer (not a motion to dismiss) to the petition, serving copy thereof upon the petitioner. Grounds for a motion to
dismiss may be raised as a affirmative defenses.
(d) The Commission may designate any of its officials who are lawyers to hear the case and receive evidence. The
proceeding shall be summary in nature. In lieu of oral testimonies, the parties may be required to submit position
papers together with affidavits or counter-affidavits and other documentary evidence. The hearing officer shall
immediately submit to the Commission his findings, reports, and recommendations within five (5) days from the
completion of such submission of evidence. The Commission shall render its decision within five (5) days from
receipt thereof.
(e) The decision, order, or ruling of the Commission shall, after five (5) days from receipt of a copy thereof by the
parties, be final and executory unless stayed by the Supreme Court.
(f) The Commission shall within twenty-four hours, through the fastest available means, disseminate its decision
or the decision of the Supreme Court to the city or municipal election registrars, boards of election inspectors and
the general public in the political subdivision concerned.

Section 6. Effect of Disqualification Case. - Any candidate who has been declared by final judgment to be disqualified
shall not be voted for, and the votes cast for him shall not be counted. 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.
Section 7. Petition to Deny Due Course To or Cancel a Certificate of Candidacy. - The procedure hereinabove
provided shall apply to petitions to deny due course to or cancel a certificate of candidacy as provided in Section 78 of
Batas Pambansa Blg. 881.

Section 8. Representatives of Parties During Printing of Returns and Ballots. - The registered political parties or
coalitions of parties, or their components should there be any dissolution or division of said coalition, whose candidates
obtained at least ten percent (10%) of the total votes cast in the next preceding senatorial election shall each have a
watcher and/or representative in the procurement and watermarking of papers not be used in the printing of election
returns and official ballots and in the printing, numbering, storage, and distribution thereof.

Section 9. Public Forum. - The Commission shall encourage non-political, non-partisan private or civic organizations
to initiate and hold in every city and municipality, public for a at which all registered candidates for the same office
may simultaneously and personally participate to present, explain, and/or debate on their campaign platforms and
programs and other like issues. The Commission shall promulgate, the rules and regulations for the holding of such for
a to assure its nonpartisan character and the equality of access thereto by all candidates.

Section 10. Common Poster Areas. - The Commission shall designate common poster areas in the strategic public
places such as markets, barangay centers and the like wherein candidates can post, display, or exhibit election
propaganda to announce or further their candidacy.

Whenever feasible common billboards may be installed by the Commission and/or non-partisan private or civic
organizations which the Commission may authorize whenever available, after due notice and hearing, in strategic
places where it may be readily seen or read, with the heaviest pedestrian and/or vehicular traffic in the city or
municipality.

The space in such common poster areas or billboards shall be allocated free of charge, if feasible, equitably and
impartially among the candidates in the province, city or municipality.

Section 11. Prohibited Forms of Election Propaganda. - In addition to the forms of election propaganda prohibited
under Section 85 of Batas Pambansa Blg. 881, it shall be unlawful:

(a) to draw, paint, inscribe, write, post, display or publicly exhibit any election propaganda in any place, whether
private, or public, except in the common poster areas and/or billboards provided in the immediately preceding
section, at the candidate's own residence, or at the campaign headquarters of the candidate or political party:
Provided, That such posters or election propaganda shall in no case exceed two (2) feet by three (3) feet in area:
Provided further, That at the site of and on the occasion of a public meeting or rally, streamers, not more than
two (2) and not exceeding three (3) feet by eight (8) feet each may be displayed five (5) days before the date of
the meeting or rally, and shall be removed within twenty-four (24) hours after said meeting or rally; and

(b) for any newspaper, radio broadcasting or television station, or other mass media, or any person making use of
the mass media to sell or to give free of charge print space or air time for campaign or other political purposes
except to the Commission as provided under Sections 90 and 92 of Batas Pambansa Blg. 881. Any mass media
columnist, commentator, announcement or personality who is a candidate for any elective public office shall take
a leave of absence from his work as such during the campaign period.

Section 12. Official Watchers. - Every registered political party, coalition of political parties, and every candidate shall
each be entitled to one watcher in every polling place: Provided, That candidates for members of the Sangguniang
Panlalawigan, Sangguniang Panlungsod or Sangguniang Bayan or for city or municipal councilors belonging to the
same slate or ticket shall collectively entitled only to one watcher.

There shall also be recognized two principal watchers, one representing the ruling coalition and the other the dominant
opposition coalition, who shall sit as observers in the proceedings of the board. The principal watcher shall be
designated on the basis of the recommendation of the ruling coalition, represented by the political party of the
incumbent elected district representative, and of the dominant opposition coalition, represented by the political party
which performed best or which polled at least ten percent (10%) of the votes in the last national election.

A duly signed appointment of a watcher shall entitle him to recognition by the board of election inspectors and the
exercise of his rights and discharge of his duties as such: Provided, however, That only one watcher of each of those
authorized to appoint them can stay at any time inside the polling place.

The watchers shall be permitted full and unimpeded access to the proceedings so that they can read the names of those
written on the ballots being counted with unaided natural vision, consistent with good order in the polling place.

In addition to their rights and duties under Section 179 of Batas Pambansa Blg. 881, the two principal watchers
representing the ruling coalition and the dominant opposition in a precinct shall, if available, affix their signatures and
thumbmarks on the election returns for that precinct. If both or either of them is not available, unwilling or should they
refuse to do so, any watcher present, preferably with political affiliation or alignment compatible with that of the absent
or unwilling watcher, may be required by the board of election inspectors to do so.
Section 13. Board of Election Inspectors. - The board of election inspectors to be constituted by the Commission
under Section 164 of Batas Pambansa Blg. 881 shall be composed of a chairman and two (2) members, one of whom
shall be designated as poll clerk, all of whom shall be public school teachers, giving preference to those with
permanent appointments. In case there are not enough public school teachers, teachers in private schools, employees in
the civil service, or other citizens of known probity and competence who are registered voters of the city or
municipality may be appointed for election duty.

Section 14. Per Diems of Boards of Election Inspectors and Other Personnel. - The chairman and the members of the
boards of election inspectors shall each be paid a per diem of One hundred pesos (P100.00) on each registration or
revision day and Two hundred pesos (P200.00) on election day.

Support personnel from the Department of Education, Culture and Sports shall each receive a per diem of P50.00
during election day. Supervisors, principals and other administrators of the Department of Education, Culture and
Sports, who may be required by the Commission to perform election duties shall each be entitled to a per diem of
P100.00.

Provincial, city and municipal treasurers shall each receive a per diem of P200.00 on election day.

Section 15. Signatures of Chairman and Poll Clerk at the Back of Every Ballot. - In addition to the preliminary acts
before the voting as enumerated in Section 191 of Batas Pambansa Blg. 881, the chairman and the poll clerk of the
board of election inspectors shall affix their signatures at the back of each and every official ballot to be used during
the voting. A certification to that effect must be entered in the minutes of the voting.

Section 16. Certificates of Votes. - After the counting of the votes cast in the precinct and announcement of the results
of the election, and before leaving the polling place, the board of election inspectors shall issue a certificate of votes
upon request of the duly accredited watchers. The certificate shall contain the number of votes obtained by each
candidate written in words and figures, the number of the precinct, the name of the city or municipality and province,
the total number of voters who voted in the precinct and the date and time issued, and shall be signed and
thumbmarked by each member of the board.

Section 17. Certificate of Votes as Evidence. - The provisions of Sections 235 and 236 of Batas Pambansa Blg. 881
notwithstanding, the certificate of votes shall be admissible in evidence to prove tampering, alteration, falsification or
any anomaly committed in the election returns concerned, when duly authenticated by testimonial or documentary
evidence presented to the board of canvassers by at least two members of the board of election inspectors who issued
the certificate: Provided, That failure to present any certificate of votes shall be a bar to the presentation of other
evidence to impugn the authenticity of the election returns.

Section 18. Transfer of Counting of Votes to Safer Place. - If on account on imminent danger of violence, terrorism,
disorder or similar causes it becomes necessary to transfer the counting of votes to a safer place, the board of inspectors
may effect such transfer by unanimous approval by the board and concurrence by the majority of the watchers present.
This fact shall be recorded in the minutes of voting and the members of the board and the watchers shall manifest their
approval or concurrence by affixing their signatures therein. The Commission shall issue rules and guidelines on the
matter to secure the safety of the members of the board, the watchers, and all the election documents and paraphernalia.

Section 19. Number of Copies of Election Returns and their Distribution. - The election returns required under
Section 212 of Batas Pambansa Blg. 881 shall be prepared in sextuplicate. The first copy shall be delivered to the city
or municipal board of canvassers as a boy for its use in the city or municipal canvass. The second copy shall be
delivered to the election registrar of the city or municipality for transmittal to the provincial board of canvassers for its
use in the provincial canvass. The third copy shall likewise be delivered to the election registrar for transmittal to the
Commission. The fourth copy, to be known as advance election returns, shall be delivered to the city or municipal
treasurer who, in the pre-large to enable the public to read them, builtized representative, shall immediately and
publicly open the same and post the votes therein in an election board, sufficiently large to enable to public to read
them, built on a public place preferably within the immediate vicinity of the city hall of municipal building. The fifth
copy shall be deposited in the compartment of the ballot box for valid ballots. The sixth copy shall be delivered to the
city or municipal trial judge or municipal circuit trial judge, as the case may be, or in his absence to any official who
may be designated by the Commission for safekeeping. Said copy maybe opened during the canvass upon order of the
board of canvassers for purposes of comparison with other copies of the returns whose authenticity is in question.

The city or municipal treasurer shall issue certified copy of any election returns in his possession upon request of any
interested party and payment of the fees required by existing ordinances.

The Commission shall promulgate rules for the speedy and safe delivery or preservation of the election returns.

Section 20. Boards of Canvassers. - There shall be a board of canvassers for each province, city and municipality as
follows:

(a) Provincial Board of Canvassers. - The provincial board of canvassers shall be composed of the provincial
election supervisor or a lawyer in the regional office of the Commission, as chairman, the provincial fiscal, as
vice-chairman, and the provincial superintendent of schools, as member.
 (b) City Board of Canvassers. - The city board of canvassers shall be composed of the city election registrar or
a lawyer of the Commission, as chairman, the city fiscal, as vice-chairman, and the city superintendent of
schools, as member. In cities with more than one election registrar, the Commission shall designate the election
registrar who shall act as chairman.

(c) Municipal Board of Canvassers. - The municipal board of canvassers shall be composed of the election
registrar or a representative of the Commission, as chairman, the municipal treasurer, as vice-chairman, and the
most senior district school supervisor or in his absence a principal of the school district or the elementary
school, as member.

The proceedings of the board of canvassers shall be open and public.

Section 21. Substitution of Chairman and Members of the Board of Canvassers. - In case of non-availability,
absence, disqualification due to relationship, or incapacity for any cause of the chairman, the Commission shall appoint
as substitute a ranking lawyer of the Commission. With respect to the other members of the board, the Commission
shall appoint as substitute the following in the order named: The Provincial Auditor, the Registrar of Deeds, the Clerk
of Court nominated by the Executive Judge of the Regional Trial Court, and any other available appointive provincial
official in the case of the provincial board of canvassers; the officials in the city corresponding to those enumerated, in
the case of the city board of canvassers; and the Municipal Administrator, the Municipal Assessor, the Clerk of Court
nominated by the Executive Judge of the Municipal Trial Court, or any other available appointive municipal officials,
in the case of the municipal board of canvassers.

Section 22. Canvassing Committees. - The board of canvasser may constitute such number of canvassing committees
as may be necessary to enable the board of complete the canvass within the period prescribed under Section 231 of
Batas Pambansa Blg. 881: Provided, That each committee shall be composed of three members, each member to be
designated by the chairman and members of the board and that all candidates shall be notified in writing, before the
election, of the number of committees to be constituted so that they can designate their watchers in each committee.
The committees shall be under the direct supervision and control of the board.

Section 23. Notice of Meetings of the Board. - At least five (5) days before the initial meeting of the board of
canvassers, the chairman of the board shall give written notice to all members thereof and to each candidate and
political party presenting candidates for election in the political subdivision concerned of the date, time and place of
the meeting. Similar notice shall also be given for subsequent meetings unless notice has been given in open session of
the board. Proof of service of notice to each member, candidate and political party shall be attached to and shall 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.

Section 24. Proceedings of the Board. - The board of canvassers shall have full authority to keep order within the
canvassing room or hall, and its premises and enforce obedience to its lawful orders. If any person shall refuse to obey any
lawful order of the board or shall so conduct himself in such disorderly manner as to disturb or interrupt its proceedings, the
board may order any peace officer to take such person in custody until the adjournment of the meeting.

Section 25. Right to be Present and to Counsel During the Canvass. - Any registered political party, coalition of parties,
through their representatives, and any candidate has the right to be present and to counsel during the canvass of the election
returns: Provided, That only one counsel may argue for each political party or candidate. They shall have the right to
examine the returns being canvassed without touching them, make their observations thereon, and file their challenges in
accordance with the rules and regulations of the Commission. No dilatory action shall allowed by the board of canvassers.

Section 26. COMELEC Hearings and Proceedings. - In all hearings, inquiries, and proceedings of the Commission,
including preliminary investigations of election offenses, no person subpoenaed to testify as a witness shall be excused
from attending and testifying or from producing books, papers, correspondence, memoranda and other records on the
ground that the testimony or evidence, documentary or otherwise, required of him, may tend to incriminate him or
subject him to prosecution: Provided, That no person shall be prosecuted criminally for or on account of any matter
concerning which he is compelled, after having claimed the privilege against self-incrimination, to testify and produce
evidence, documentary or otherwise.

Under such terms and conditions as it may determine, the Commission may grant immunity from criminal prosecution to any
person whose testimony or whose possession and production of documents or other evidence may be necessary to determine
the truth in any hearing, inquiry or proceeding being conducted by the Commission or under its authority, in the performance
or in the furtherance of its constitutional functions and statutory objectives. The immunity granted under this and the
immediately preceding paragraph shall not exempt the witness from criminal prosecution for perjury or false testimony.

Section 27. Election Offenses. - In addition to the prohibited acts and election offenses enumerated in Sections 261
and 262 of Batas Pambansa Blg. 881, as amended, the following shall be guilty of an election offense:

(a) Any person who causes the printing of official ballots and election returns by any printing establishment
which is not under contract with the Commission on Elections and any printing establishment which
undertakes such unauthorized printing.
 (b) Any member of the board of election inspector or board of canvassers who tampers, increases, or decreases
the votes received by a candidate in any election or any member of the board, who refuses, after proper
verification and hearing, to credit the correct votes or deduct such tampered votes.

(c) Any member of the board of election inspectors who refuses to issue to duly accredited watchers the
certificate of votes provided in Section 16 hereof.

(d) Any person who violates Section 11 hereof regarding prohibited forms of election propaganda.

(e) Any chairman of the board of canvassers who fails to give notice of meeting to other members of board,
candidate or political party as required under Section 23 hereof.

(f) Any person declared as nuisance candidate as defined under Section 69 of Batas Pambansa Blg. 881, or is
otherwise disqualified, by final and executory judgment, who continue to misrepresent himself, or holds
himself out, as a candidate, such as by continuing to campaign thereafter, and/or other public officer or private
individual, who knowingly induces or abets such misrepresentation, by commission or omission, shall be
guilty of an election offense and subject to the penalty provided in Section 264 of the same Code.

Section 28. Prosecution of Vote-buying and Vote-selling. - The presentation of a complaint for violations of paragraph
(a) or (b) of Section 261 of Batas Pambansa Blg. 881 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, directly or through its duly authorized legal officers, under Section 68 or Section 265 of said Batas
Pambansa Blg. 881.

Proof that at least one voter in different precincts representing at least twenty percent (20%) of the total precincts in
any municipality, city or province has been offered, promised or given money, valuable consideration or other
expenditure by a candidate's relatives, leaders and/or sympathizers for the purpose of promoting the election of such
candidate, shall constitute a disputable presumption of a conspiracy under paragraph (b) of Section 261 of Batas
Pambansa Blg. 881.

Where such proof affect at least twenty percent (20%) of the precincts of the municipality, city or province to which the
public office aspired by the favored candidate relates, the same shall constitute a disputable presumption of the involvement
of such candidate and of his principal campaign managers in each of the municipalities concerned, in the conspiracy.

The giver, offerer, and promisor as well as the solicitor, acceptor, recipient and conspirator referred to in paragraphs (a)
and (b) of Section 261 of Batas Pambansa Blg. 881 shall be liable as principals: Provided, That any persons, otherwise
guilty under said paragraphs who voluntarily gives information and willingly testifies on any violation thereof in any
official investigation or proceeding shall be exempt from prosecution and punishment for the offenses with reference to
which his information and testimony were given: Provided, further, That nothing herein shall exempt such person from
criminal prosecution for perjury or false testimony.

Section 29. 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.

Section 30. Effectivity of Regulations and Orders of the Commission. - The rules and regulations promulgated by the
Commission shall take effect on the seventh day after their publication in the Official Gazette or in at least two (2)
daily newspapers of general circulation in the Philippines.

Orders and directives issued by the Commission shall be furnished by personal delivery to all parties concerned within
forty-eight (48) hours from date of issuance and shall take effect immediately upon receipt thereof unless a later date is
expressly specified in such orders or directives.

Section 31. Repealing Clause. - All laws, executive orders, rules and regulations, or any part thereof inconsistent
herewith are deemed repealed or modified accordingly.

Section 32. Separability Clause. - If for any reason, any section or provision of this act or any part thereof, or the
application if such section, provision or portion is declared invalid or unconstitutional, the remainder thereof shall not
be affected by such declaration.

Section 33. Effectivity. - This Act shall take effect upon its approval.

Approved: January 5, 1988

RA 9369 - Automated Election System Law, January, 2007
 C. Rules of Procedure

C. COMELEC Rules of Procedure

February 15, 1993

Pursuant to Section 6 of Article IX-A and Section 3 of Article IX-C of the Constitution of the Republic of the
Philippines and the powers vested in it by existing laws, the Commission on Elections hereby promulgates the
following rules governing pleadings, practice and procedure before it or any of its offices:

PART I
INTRODUCTORY PROVISIONS

Rule 1 - Title and Construction

Section 1. Title of the Rules. - These rules shall be known and cited as the Comelec Rules of Procedure.

Section 2. Applicability. - These rules, except Part VI, shall apply to all actions and proceedings brought before the
Commission. Part VI shall apply to election contests and quo warranto cases cognizable by courts of general
jurisdiction.

Section 3. Construction. - These rules shall be liberally construed in order to promote the effective and efficient
implementation of the objectives of ensuring the holding of free, orderly, honest, peaceful and credible elections and to
achieve just, expeditious and inexpensive determination and disposition of every action and proceeding brought before
the Commission.

Section 4. Suspension of the Rules. - In the interest of justice and in order to obtain speedy disposition of all matters
pending before the Commission, these rules or any portion thereof may be suspended by the Commission.

Section 5. Meaning of Words. - Whenever used in these Rules, the following words or terms shall mean:

(a) Commission - the Commission on Elections

(b) Division - a Division of the Commission on Elections

(c) Chairman - the Chairman of the Commission on Elections

(d) Commissioner - a Commissioner of the Commission on Elections

(e) Member - the Chairman or a Commissioner

(f) Ordinary Actions - shall refer to Election Protests, Quo warranto, and Appeals from decisions of courts in
election protest cases

(g) Special Actions - shall refer to Petitions to deny course to certificate of candidacy, to declare a candidate as
a nuisance candidate, to disqualify a candidate or to postpone or suspend an election

(h) Special Cases - shall refer to Pre-proclamation cases

(i) Special Reliefs - shall refer to Certiorari, Prohibition, Mandamus and Contempt

(j) Provisional Remedies - shall refer to injunction and/or restraining order

(k) Special Proceedings - shall refer to annulment of permanent list of voters, registration of political parties
and accreditation of citizens' arms of the Commission.

PART II
POWERS OF THE COMMISSION AND TRANSACTION OF BUSINESS

Rule 2 - Powers of the Commission

Section 1. Express Powers. - In the performance of its administrative, quasi-judicial and judicial functions, the
Commission shall exercise all such powers and functions as are expressly vested upon it by the Constitution and by
law.

Section 2. Implied Powers. - The Commission shall likewise exercise such powers as are implied in or are necessary to
the effective exercise of its express powers.

Section 3. Inherent Powers. - When performing its constitutional or statutory functions, the Commission shall have
inherent power to:
 (a) Preserve and enforce order in its immediate presence;

(b) Enforce order in proceedings before it or before any of its offices or officials empowered to conduct
investigation under its authority.

(c) Compel obedience to its judgments, orders and processes;

(d) Control its ministerial officers and all other persons in any manner connected with a case before it, and in
every manner appertaining thereto;

(e) Compel the attendance of persons to testify in a case pending before it;

(f) Administer or cause to be administered oaths in a case pending before it, and in all other cases where it may
be necessary in the exercise of its powers;

(g) Amend and control its processes and orders so as to make them conformable to law and justice;

(h) Authorize a copy of a lost or destroyed pleading or other paper to be filed and used instead of the original,
and to restore, and supply deficiencies in its records and proceedings.

Section 4. Means to Effect Jurisdiction. - All auxiliary writs, processes and other means necessary to carry into effect
its powers or jurisdiction may be employed by the Commission; and if the procedure to be followed in the exercise of
such power or jurisdiction is not specifically provided for by law or these rules, any suitable process or proceeding may
be adopted.

Section 5. Powers and Duties of the Chairman. - The powers and duties of the Chairman of the Commission when
discharging his functions in actions or proceedings before the Commission are as follows:

(a) To issue calls for the sessions of the Commission;

(b) To preside over the sessions of the Commission; and to act as Presiding Commissioner of a Division when
expressly authorized in these Rules;

(c) To designate any of the Commissioners to preside over sessions of the Commissions en banc in the event of
his absence, disqualification or inhibition;

(d) To preserve order and decorum during the session;

(e) To decide all questions of order, subject to appeal to the Commission en banc;

(f) To enforce orders, resolutions, and decisions of the Commission and the Divisions;

(g) To sign interlocutory resolution, orders or rulings and temporary restraining orders of the Commission in
cases not yet assigned to the Divisions;

(h) To take such other measures as he may deem proper upon consultation with the other members of the
Commission; and

(i) To exercise such other powers as are vested upon him by law or by specific provisions of these Rules.

Section 6. Powers and Duties of the Presiding Commissioner. - The powers and duties of the Presiding Commissioner
of a Division when discharging its functions in cases pending before the Division shall be as follows:

(a) To issue calls for the sessions of the Division;

(b) To preside over the sessions of the Division;

(c) To preserve order and decorum during the sessions of the Division;

(d) To sign interlocutory resolutions, orders or rulings and temporary restraining orders in cases already
assigned to the Division;

(e) To decide all questions of order, subject to appeal to the full Division; and

(d) To take such other measures as he may deem proper upon consultation with the other members of the
Division.
Rule 3 - How the Commission Transacts Business

Section 1. How Business is Transacted. - In the exercise of its Constitutional or statutory powers, functions, and duties,
the Commission may sit en banc or in to Divisions.

Section 2. The Commission En Banc. - The Commission shall sit en banc in cases hereinafter specifically provided, or
in pre-proclamation cases upon a vote of a majority of the members of the Commission, or in all other cases where a
division is not authorized to act, or where, upon a unanimous vote of all the Members of a Division, an interlocutory
matter or issue relative to an action or proceeding before it is decided to be referred to the Commission en banc.

Section 3. The Commission Sitting in Divisions. - The Commission shall sit in two (2) Divisions to hear and decide
protests or petitions in ordinary actions, special actions, special cases, provisional remedies, contempt, and special
proceedings except in accreditation of citizen's arms of the Commission.

Section 4. Composition of a Division. - Each Division shall be composed of three Commissioners, one of whom shall
be the Presiding Commissioner. The Commission en banc shall determine who shall compose a Division.

Section 5. Quorum; Votes Required. - (a) When sitting en banc, four (4) Members of the Commission shall constitute a
quorum for the purpose of transacting business. The concurrence of a majority of the Members of the Commission
shall be necessary for the pronouncement of a decision, resolution, order or ruling.

(b) When sitting in Division, two (2) Members of a Division shall constitute a quorum to transact business. The
concurrence of at least two (2) Members of a Division shall be necessary to reach a decision, resolution, order or
ruling. If this required number is not obtained, the case shall be automatically elevated to the Commission en banc for
decision or resolution.

(c) Any motion to reconsider a decision, resolution, order or ruling of a Division shall be resolved by the Commission
en banc except motions on interlocutory orders of the division which shall be resolved by the division which issued the
order.

Section 6. Change in Composition; Substitution. - The composition of a Division may be changed by the Chairman of
the Commission whenever necessary, Provided that no change shall be made more than once every three (3) months;
Provided Moreover, that notice thereof in writing shall be furnished the parties in cases pending before the Division
concerned.

Whenever there is a vacancy in a Division because a member inhibits himself, is absent, or is disqualified from sitting
in a case, or when a division has only two (2) regular members, the Chairman may appoint a substitute Commissioner,
or the Chairman himself may sit as substitute or third member, and in that event he shall preside.

Section 7. Sessions. - The Commission or the Divisions shall hold sessions on such days and time as it may specify at
the session hall of the Commission, or at such other places in the Philippines as it may designate.

Section 8. Assignment of Cases. - The assignment of cases of the two (2) Divisions herein constituted shall be done
strictly through raffle to be conducted regularly by the Chairman of the Commission in the presence of at least a
majority of the Commissioner; Provided, That the assignment of cases shall be made as evenly as possible.

Section 9. Consolidation of Cases. - When an action or proceeding involves a question of law and fact which is similar
to or common with that of another action or proceeding, the same may be consolidated with the action or proceeding
bearing the lower docket number.

Rule 4 - Disqualification and Inhibition

Section 1. Disqualification or Inhibition of Members. - (a) No Member shall sit in any case in which he or his spouse
or child is related to any party within the sixth civil degree or consanguinity or affinity, or to the counsel of any of the
parties within the fourth civil degree of consanguinity or affinity, or in which he has publicly expressed prejudgment as
may be shown by convincing proof, or in which the subject thereof is a decision promulgated by him while previously
serving as presiding judge of an inferior court, without the written consent of all the parties, signed by them and
entered in the records of the case; Provided, that no Member shall be the "ponente" of an en banc decision/resolution
on a motion to reconsider a decision/resolution written by him in a Division.

(b) If it be claimed that a Member is disqualified from sitting as above provided, the party raising the issue
may, in writing, file his objection with the Commission, stating the grounds therefor. The member concerned
shall either continue to participate in the hearing or withdraw therefrom, in accordance with his determination
of the question of his disqualification. His decision thereon shall forthwith be made in writing and filed with
the Commission for proper notation and with the records of the case. No appeal or stay shall be allowed from,
or by reason of, his decision in favor of his own competency until after final judgment in the case.
 (c) A Member may, in the exercise of his sound discretion, inhibit himself from sitting in a case for just or valid
reasons other than those mentioned above.

Section 2. Disqualification Resulting in Lack of Quorum. - If the disqualification or inhibition of a Member should
result in a lack of quorum in the Commission sitting en banc, the Presiding Justice of the Court of Appeals, upon
request of the Commission, shall designate a Justice of said Court to sit in said case for the purpose of hearing and
rendering a decision thereon.

PART III
INITIATION OF ACTIONS OR PROCEEDINGS BEFORE THE COMMISSION

Rule 5. - Parties to Actions or Proceedings

Section 1. Applicability. - the Rules under Part III shall apply to all actions and proceedings hereinafter provided for.

Section 2. Who may be Parties. - Only natural or juridical persons or entities duly authorized by law, such as a voter, a
candidate, or registered political parties, organization or coalition of political parties, including parties or organizations
under the party-list system, and any such person permitted by these Rules to bring an action or proceeding may be
parties in any action or proceeding before the Commission.

Section 3. Parties in Interest. - All actions filed with the Commissioner must be prosecuted and defended in the name
of the real party in interest.

Section 4. Designation of Parties. - A person qualified to be a party under Sec. 2 of this Rule seeking relief shall be
referred to as Petitioner or Protestant. Any person who claims interest adverse to the petitioner or protestant or against
whom a claim or interest is directed by the petitioner or protestant, shall be referred to as the Respondent or Protestee.

Section 5. Class Suit. - When the subject matter of the controversy is one of common or general interest to many
persons, and the parties are so numerous that it is impracticable to bring them all before the Commission, one or more
may sue or defend for the benefit of all. But in such case, the Commission shall make sure that the parties actually
before it are sufficiently numerous and representative so that all interests concerned are fully protected. Any party in
interest shall have a right to intervene to protect his individual interest.

Section 6. Compulsory Joinder of Indispensable Parties. - Parties in interest without whom no final determination of
an action can be had shall be joined either as petitioner or protestant or respondent or protestee.

Rule 6 - Commencement of Action or Proceedings

Section 1. Commencement of Action or Proceedings by Parties. - Any natural or juridical person authorized by these
rules to initiate any action or proceeding shall file with the Commission a protest or petition alleging therein his
personal circumstances as well as those of the protestee or respondent, the jurisdictional facts, and a concise statement
of the ultimate facts constituting his cause or causes of action and specifying the relief sought. He may add a general
prayer for such further or other relief as may be deemed just or equitable.

Section 2. Commencement of Action by the Commission. - In cases where the Commission is authorized to initiate
motu proprio an action or proceeding, the Commission shall issue an order for hearing reciting therein the purpose for
which the hearing is being called for and a concise statement of facts giving rise thereto. Copies of such order shall be
served upon persons or registered political parties, organizations or coalition of political parties known to have an
interest in the matter or who may be affected thereby, and published in a newspaper of general circulation in the
Philippines at least ten (10) days before the scheduled date of hearing.

Rule 7 - Pleadings

Section 1. Filing of Pleadings. - Every pleading, motion and other papers must be filed in ten (10) legible copies.
However, when there is more than one respondent or protestee, the petitioner or protestant must file additional number
of copies of the petition or protest as there are additional respondents or protestees.

Section 2. How Filed. - The documents referred to in the immediately preceding section must be filed directly with the
proper Clerk of Court of the Commission personally, or, unless otherwise provided in these Rules, by registered mail.
In the latter case, the date of mailing is the date of filing and the requirement as to the number of copies must be
complied with.

Section 3. Form of Pleadings, etc. - (a) All pleadings allowed by these Rules shall be printed, mimeographed or
typewritten on legal size bond paper and shall be in English or Filipino.

(b) Protests or petitions in ordinary actions, special actions, special cases, special reliefs, provisional remedies,
and special proceedings, as well as counter-protests, counter-petitions, interventions, motions for
 reconsideration, and appeals from rulings of board of canvassers shall be verified. All answers shall be
verified.

(c) A pleading shall be verified only by an affidavit stating that the person verifying the same has read the
pleading and that the allegations therein are true of his own knowledge. Verifications based on "information or
belief" or upon "knowledge", "information" or "belief" shall be deemed insufficient.

(d) Each pleading shall contain a captain setting forth the name of the Commission, the title of the case, the
docket number and the designation of the pleading. When an action or proceeding has been assigned to a
Division, the caption shall set forth the name of the Division.

Section 4. Docket and Assignment of Numbers. - Upon the Filing of a protest or petition, the Clerk of Court of the
Commission concerned shall docket the same and assign to it a docket number. The numbering must be consecutive
according to the date it is filed, must bear the year, and prefixed as follows:

(a) EPC - for Ordinary Actions

(b) EAC - for Appealed Cases

(c) SPA - for Special Actions

(d) SPC - for Special Cases

(e) SPR - for Special Reliefs

(f) SPP - for Special Proceedings

(g) EO - for Election Offenses

Section 5. Non-acceptance of Pleading. - No pleading shall be accepted by the Commission unless it conforms to the
formal requirement provided herein.

Rule 8 - Intervention

Section 1. When Proper and Who may be Permitted to Intervene. - Any person allowed to initiate an action or
proceeding may, before or during the trial of an action or proceeding, be permitted by the Commission, in its
discretion, to intervene in such action or proceeding, if he has legal interest in the matter in litigation, or in the success
of either of the parties, or an interest against both, or when he is so situated as to be adversely affected by such action
or proceeding.

Section 2. Motion for Intervention. - A person desiring to intervene shall file a motion for leave of the Commission or
the Division with notice upon all the parties to the action.

Section 3. Discretion of Commission. - In allowing or disallowing a motion for intervention, the Commission or the
Division, in the exercise of its discretion, shall consider whether or not the intervention will unduly delay or prejudice
and adjudication of the rights of the original parties and whether or not the intervenor's rights may be fully protected in
a separate action or proceeding.

Section 4. Protest/Petition or Answer in Intervention. - The intervention shall be made by protest or petition filed and
served in due form, and may be answered as if it were an original protest or petition; but where intervenor unites with
the protestee or respondent in resisting the claims of protestant or petitioner, the intervention may be made in the form
of an answer to the protest or petition.

Rule 9 - Amended and Supplemental Pleadings

Section 1. When Amendments Allowed as a Matter of Right. - A party may amend his pleadings once as a matter of
course at any time before a responsive pleading is served, or, if the pleading is one to which no responsive pleading is
permitted and the action has not been placed upon the trial calendar, he may so amend it at any time within five days
after it is served.

Section 2. Amendments Only by Leave. - After the case is set for hearing, substantial amendments may be made only
upon leave of the Commission or the Division, as the case may be. Such leave may be refused if it appears to the
Commission or the Division that the motion was made with intent to delay the action or that the cause of action or
defense is substantially altered. Orders of the Commission or the Division upon the matters provided in this section
shall be made upon motion duly filed, and after the adverse the party has been notified and afforded an opportunity to
be heard.
Section 3. Matters Subject of Supplemental Pleadings. - Upon motion of a party the Commission or a Division, as the
case may be, may, upon notice and upon such terms as are just, permit him to serve a supplemental pleading setting
forth transactions, occurrences or events which have happened since the date of the pleading sought to be
supplemented. If the Commission or the Division deems it advisable that the adverse party should plead thereto, it shall
so order, specifying the time therefor.

Rule 10 - Periods for Pleading

Section 1. Title to Answer. - Unless otherwise provided in these Rules, (a) In ordinary actions, special reliefs, and
special proceedings, the answer must be filed within five (5) days from service of summons and a copy of the petition;
and

(b) In special actions and special cases, the answer must be filed within three (3) days from service of summon
and a copy of the petition.

Section 2. Answer to Amended Protest or Petition. - If the protest or petition is amended, the time fixed for the filing
and service of the answer shall, unless otherwise ordered, run from receipt of the notice of the order admitting the
amended protest or petition or from service of such amended protest or petition. An answer filed before the amendment
shall stand as an answer to the amended protest or petition, unless a new one is filed within five (5) days from notice or
service as herein provided.

Section 3. Answer to Counter-Protest or Counterclaim. - A counter-protest, or a counterclaim when appropriate, must

be filed within five (5) days from the date of service thereof upon the protestant or petitioner.

Section 4. Period of Intervene and Time to Answer Intervention. - Whenever intervention is allowed the same must be
filed within five (5) days from receipt of the order permitting the intervention, unless a different period is fixed by the
Commission or Division.

Section 5. Reply. - Unless otherwise provided in these Rules, a reply may be filed within five (5) days from receipt of
the answer.

Section 6. Extension of Time to Plead. - Unless otherwise provided in these Rules, the time to plead may be extended
by the Commission upon motion and on such terms as it may deem just.

Rule 11 - Motions

Section 1. Motions Defined. - Every applications for an order not included in a decision of the Commission or a
Division may be called a motion.

Section 2. Motions Must be in Writing. - All motions shall be in writing, except motions for continuance made in the
presence of the adverse party, or those made in the course of a hearing or trial.

Section 3. Contents of Motions. - A motion shall state the order sought to be obtained and the grounds upon which it is
based.

Section 4. Notice. - Notice of a motion shall be served by the movant to all parties concerned, at least three (3) days
before the hearing thereof, together with a copy of the motion. For good cause shown, the motion may be heard on
shorter notice, especially on matters which the Commission or the Division may dispose of on its own motion.

The notice shall be directed to the parties concerned and shall state the time and place of the hearing of the motion.

Section 5. Proof of Service. - No motion shall be acted upon by the Commission without proof of service of notice
thereof, except when the Commission or a Division is satisfied that the rights of the adverse party or parties are not
affected.

Section 6. No oral Arguments for Motions. - No oral argument shall be heard in support of motions unless, for special
reasons, the Commission or a Division directs otherwise.

Section 7. Motion Day. - The first hours of the session of the Commission en banc or of the division shall be devoted to
hearings of motions.

Section 8. Omnibus Motion. - A motion assailing a pleading or a proceeding shall include all objections then available,
and all objections not so included shall be deemed waived.

Rule 12 - Service and Filing of Pleadings and Other Papers

Section 1. Filing with the Commission. - The Filing of pleadings, appearances, motions, notices, and other papers with
the Commission as required by these rules shall be made by filing them personally or through a duly authorized
representative with the appropriate Clerk of Court of the Commission, or by registered mail except in a special action
to declare a candidate as a nuisance candidate. If filed personally or by a duly authorized representative, the Clerk of
Court shall stamp on the pleading the date and hour of filing. It filed by registered mail, the date of the mailing of
motions, pleadings, or other papers or payments or deposits, as shown by the post office stamp on the envelope or the
registry receipt, shall be considered as the date of their filing, payment or deposit with the Commission. The envelope
shall be attached to the records of the case.

Section 2. Papers to be Filed and Served. - Orders required to be served, pleadings subsequent to a petition or protest,
written motions other than those which may be heard ex-parte, and written notices, appearances, demand or offer of
judgment or similar papers shall be filed with the Commission and served upon the parties affected thereby. If any of
the parties has appeared by an attorney or attorneys, service shall be made upon his attorney or upon any of his
attorneys, unless service upon the party himself is ordered by the Commission or Division. Where one attorney appears
for several parties, he shall be entitled to only one copy of any paper served upon him by the opposite side.

Section 3. Mode, Completion and Proof of Service. - Service of pleadings, motions, notices, orders or judgment and
other papers, the completeness thereof, and proof of such service shall be made in the manner prescribed by the Rules
of Court of the Philippines.

Rule 13 - Prohibited Pleadings

Section 1. What Pleadings are not Allowed. - The following pleadings are not allowed:

(a) motion to dismiss;

(b) motion for a bill of particulars;

(c) motion for extension of time to file memorandum or brief;

(d) motion for reconsideration of an en banc ruling, resolution, order or decision except in election offense
cases;

(e) motion for re-opening or re-hearing of a case;

(f) reply in special actions and in special cases; and

(g) supplemental pleadings in special actions and in special cases.

PART IV
DISPOSITION OF ACTIONS OR PROCEEDINGS

Rule 14 - Summons

Section 1. Clerk to Issue Summons. - Unless otherwise provided herein, the Clerk of Court of the Commission or the
division concerned shall issue the corresponding summons to the protestee or respondent within three (3) days
following the filing of a protest or petition in ordinary actions except appeals from decisions of courts in election
protest cases, in special actions, special cases, special reliefs, and in special proceedings.

Section 2. Contents. - Summons shall be directed to the protestee or respondent, signed by the Clerk of Court of the
Commission or the division concerned under the seal of the Commission, and shall contain (a) the name of the
Commission or its Division and the names of the parties; (b) a direction that the protestee or respondent shall answer
within the time fixed by these Rules.

A copy of the protest or petition shall be attached to the original and to each copy of the summons.

Section 3. Issuance of Other Summons. - If a summons is returned without being served on any of the protestees or
respondents, or if it has been lost, the Clerk of Court concerned, on demand of the protestant or petitioner, may issue
another summons as the case may require, in the same form as the original.

Section 4. By Whom Summons May be Served. - The summons may be served by personal service or by mail. Personal
service may be made by a bailiff of the Commission or the division or upon request of the Commission or a Division,
by the sheriff of any court in the place where the parties to be served reside; or for special reasons, by any person
especially authorized by the Commission or a Division.

Section 5. Return. - When the service has been completed by personal service, the server shall give notice thereof, by
registered mail, to the protestant or petitioner or his counsel and shall return the summons to the Clerk of Court
concerned who issued it, accompanied with the proof of service.
Section 6. Proof of Service. - Proof of service of summons shall be made in the manner provided for in the Rules of
Court in the Philippines.

Rule 15 - Pre-Trial

Section 1. Purpose of Pre-Trial. - At the discretion of the Commission or the Division, the parties and their attorneys
may be required to appear before it for a pre-trial conference to consider:

(a) The simplification of issues;

(b) The possibility of obtaining admission of facts and of documents to avoid unnecessary proof;

(c) The limitation of the number of witnesses; and

(d) Such other matters as may be aid in the prompt disposition of the action or proceeding.

This rule shall not apply to election protest cases filed before the Commission on Elections. In such cases, the parties
shall submit, to form part of the record of the case, a position paper which summarizes their legal positions.

Rule 16 - Subpoena

Section 1. Subpoena Ad Testificandum or Subpoena Duces Tecum. - Subpoena ad testificandum or subpoena duces
tecum may be issued by the Commission or the Division motu propio, or upon request of the parties in any case.

Section 2. By Whom Issued. - The subpoena shall be heard by the Chairman of the Commission in cases heard en banc,
or by the Presiding Commissioner of the Division concerned.

Section 3. Form and Contents. - A subpoena shall be signed by the Clerk of Court concerned. It shall state the name of
the Commission or the Division issuing it and the title of the action; it shall be directed to the person whose attendance
is required, and in the case of a subpoena duces tecum, it shall also contain a reasonable description of the books,
documents or things demanded which may appear prima facie relevant.

Section 4. Authority of Officials of the Commission to Issue Subpoena. - Officials of the Commission authorized under
these Rules to hear cases and receive evidence or conduct preliminary investigation shall have the authority to issue
subpoena in connection with such cases.

Rule 17 - Hearings

Section 1. Notice of Hearing. - After the issues have been joined, the case shall be set for hearing and the parties, thru
counsel, shall be served, personally or by registered mail, giving sufficient time for the notice thereof to be received by
the parties not less than three (3) days before the date set. Whenever necessary, telegraphic notices shall be sent
simultaneously with the formal notice of hearing.

Section 2. Order of Hearing. - Unless the Commission or the Division, as the case may be, for special reasons, directs
otherwise, the order of hearing shall be as follows:

(a) The petitioner or protestant shall present evidence on his part;

(b) The protestant-in-intervention, if any, shall present evidence on his part;

(c) The respondent or protestee shall then offer evidence in support of his defense or counter-protest, if any;

(d) The parties may then respectively offer rebutting evidence only, unless the Commission or the Division, as
the case may be, for good reasons, in the furtherance of justice, permits them to offer evidence upon their
original case;

(e) When the evidence is concluded, unless the parties agree to submit the case without arguments, the parties
or their counsel may be allowed to argue, subject to such limitation of time as the Commission or the Division
may prescribe;

(f) In lieu of oral arguments, the parties may be allowed to submit their respective memoranda within a period
of three (3) days.

Section 3. Oral Testimony Dispensed with Where Proceedings are Summary. - When the proceedings are authorized to
be summary, in lieu of oral testimonies, the parties may, after due notice, be required to submit their position paper
together with affidavits, counter-affidavits and other documentary evidence; and when there is a need for clarification
of certain matters, at the discretion of the Commission or the Division, the parties may be allowed to cross-examine the
affiants.
This provision shall likewise apply to cases where the hearing and reception of evidence are delegated by the
Commission or the Division to any of its officials; and when there is a need for clarification of certain matters, the
hearing officer may schedule a hearing to propound clarificatory questions, observing for that purpose Section 6 of
Rule 34 of these Rules.

Section 4. Period to Terminate Hearing When Delegated. - The hearing and reception of evidence, when delegated by
the Commission or a Division to any of its officials, shall be completed within three (3) days. The official concerned
shall submit his findings, report and recommendation to the Commission or the Division within three (3) days from
such completion.

Section 5. Agreement on Facts. - The parties to any action may agree in writing on the facts involved in the case.

Rule 18 - Decisions

Section 1. Procedure in Making Decisions. - The conclusions of the Commission in any case submitted to it for
decision en banc or in Division shall be reached in consultation before the case is assigned by raffle to a Member for
the writing of the opinion of the Commission or the Division and a certification to this effect signed by the Chairman
or the Presiding Commissioner, as the case may be, shall be incorporated in the decision. Any Member who took no
part, or dissented, or abstained from a decision or resolution must state the reason therefor.

Every decision shall express therein clearly and distinctly the facts and the law on which it is based.

Section 2. Minute Resolution. - No minute resolution resolving a case shall be rendered if evidence has been adduced
and received.

Section 3. When Extended Opinion Reserved. - When in a given resolution or decision the writing of an extended
opinion is reserved, the extended opinion shall be released within fifteen (15) days after the promulgation of the
resolution.

Section 4. Period to Appeal or File Motion for Reconsideration When Extended Opinion is Reserved. - If an extended
opinion is reserved in a decision or resolution, the period to file a petition for certiorari with the Supreme Court or to
file a motion for reconsideration shall begin to run only from the date the aggrieved party received a copy of the
extended opinion.

Section 5. Promulgation. - The promulgation of a decision or resolution of the Commission or a Division shall be
made on a date previously fixed, of which notice shall be served in advance upon the parties or their attorneys
personally or by registered mail or by telegram.

Section 6. Procedure if Opinion is Equally Divided. - When the Commission en banc is equally divided in opinion, or
the necessary majority cannot be had, the case shall be reheard, and if on rehearing no decision is reached, the action or
proceeding shall be dismissed if originally commenced in the Commission; in appealed cases, the judgment or order
appealed from shall stand affirmed; and in all incidental matters, the petition or motion shall be denied.

Section 7. Period to Decide by the Commission En Banc. - Any case or matter submitted to or heard by the
Commission en banc shall be decided within thirty (30) days from the date it is seemed submitted for decision or
resolution, except a motion for reconsideration of a decision or resolution of a Division in Special Actions and Special
Cases which shall be decided within fifteen (15) days from the date the case or matter is deemed submitted for
decision, unless otherwise provided by law.

Section 8. Period to Decide by a Division. - Any case or matter heard by a Division shall be decided within ten (10)
days from the date it is deemed submitted for decision or resolution, except in Special Actions and Special Cases which
shall be decided or resolved within five (5) days from the date they are deemed submitted for decision or resolution,
unless otherwise provided by law

Section 9. When Deemed Submitted for Decision. - (a) A case or matter is deemed submitted for decision or resolution
upon the filing of the last pleading, brief or memorandum as required in these Rules or by the Commission en banc or
by a Division.

(b) However, if the hearing and reception of evidence are delegated to any of its officials, the case or matter
shall be deemed submitted for decision as of the date of the receipt of the findings, report and recommendation
of the official so delegated.

Section 10. Duty to Certify to the President. - In election protests and quo warranto cases, if the decision shall be that
none of the parties has been legally elected, the Commission shall certify such decision to the President of the
Philippines.

Section 11. Duty to Notify Other Agencies of the Government. - (a) As soon as a decision in an election protest within
the original jurisdiction of the Commission or in a quo warranto case becomes final and executory, notices thereof shall
be sent to the President, the Secretary of Local Government, the Chairman of the Commission on Audit, and the
Secretary of the Sangguniang Pampook in the case of regional officials, the Secretary of the Sangguniang Panlalawigan
in the case of provincial officials, and the Secretary of the Sangguniang Panglungsod in the case of city officials.

(b) As soon as a decision or resolution in an appealed election case becomes final and executory, notices
thereof shall be sent to the President, the Secretary of Local Government, the Chairman of the Commission on
Audit, and the Secretary of the Sangguniang Bayan in the case of municipal officials and the Secretary of the
Sangguniang Barangay in the case of barangay officials.

Section 12. Dissemination of Decision in a Petition to Deny Due Course to or Cancel a Certificate of Candidacy or to
Declare a Candidate as a Nuisance Candidate. - The Commission shall, within twenty-four (24) hours from the
promulgation of a decision in petitions to deny due course to or cancel a certificate of candidacy, declare a candidate a
nuisance candidate or disqualify a candidate, disseminate its decision, or the decision of the Supreme Court if the
Commission's decision is brought by the aggrieved party to said Court, to the election registrars concerned, boards of
election inspectors, and the general public in the political subdivision concerned through the fastest means available.

Section 13. Finality of Decisions or Resolutions. - (a) In ordinary actions, special proceedings, provisional remedies
and special reliefs a decision or resolution of the Commission en banc shall become final and executory after thirty
(30) days from its promulgation.

(b) In Special Actions and Special Cases a decision or resolutions of the Commission en banc shall become
final and executory after five (5) days from its promulgation unless restrained by the Supreme Court.

(c) Unless a motion for reconsideration is seasonably filed, a decision or resolution of a Division shall become
final and executory after the lapse of five (5) days in Special actions and Special cases and after fifteen (15)
days in all other actions or proceedings, following its promulgation.

Rule 19 - Motions for Reconsideration

Section 1. Grounds of Motion for Reconsideration. - A motion for reconsideration may be filed on the grounds that the
evidence is insufficient to justify the decision, order or ruling; or that the said decision, order or ruling is contrary to
law.

Section 2. Period for Filing Motions for Reconsideration. - A motion to reconsider a decision, resolution, order, or
ruling of a Division shall be filed within five (5) days from the promulgation thereof. Such motion, if not proforma,
suspends the execution or implementation of the decision, resolution, order or ruling.

Section 3. Form and Contents of Motion for Reconsideration. - The motion shall be verified and shall point out
specifically the findings or conclusions of the decision, resolution, order or ruling which are not supported by the
evidence or which are contrary to law, making express reference to the testimonial or documentary evidence or the
provisions of law alleged to be contrary to such findings or conclusions.

Section 4. Effect of Motion for Reconsideration on Period to Appeal. - A motion to reconsider a decision, resolution,
order or ruling when not pro-forma, suspends the running of the period to elevate the matter to the Supreme Court.

Section 5. How Motion for Reconsideration Disposed Of. - Upon the filing of a motion to reconsider a decision,
resolution, order or ruling of a Division, the Clerk of Court concerned shall, within twenty-four (24) hours from the
filing thereof, notify the Presiding Commissioner. The latter shall within two (2) days thereafter certify the case to the
Commission en banc.

Section 6. Duty of Clerk of Court of Commission to Calendar Motion for Resolution. - The Clerk of Court concerned
shall calendar the motion for reconsideration for the resolution of the Commission en banc within ten (10) days from
the certification thereof.

PART V
PARTICULAR ACTIONS OR PROCEEDINGS

A. ORDINARY ACTIONS

Rule 20 - Election Protests

Section 1. Filing of Election Protest. - A verified petition contesting the election of any regional, provincial or city
official shall be filed by any candidate who duly filed a certificate of candidacy and has been voted for the same office,
within ten (10) days after the proclamation of the results of the election.

Each contest shall refer exclusively to one office, but contests for offices of the Sangguniang Pampook, Sangguniang
Panlalawigan or Sangguniang Panglungsod may be consolidated in a single case.
Section 2. Contents of Answer. - The answer must specify the nature of the defense and may set forth special and
affirmative defenses.

Section 3. Counter-Protest or Counterclaim. - The protestee may incorporate in his answer a counter-protest or a
counterclaim.

Section 4. General Denial. - If no answer is filed to the protest or counter-protest, a general denial shall be deemed to
have been entered.

Section 5. Protestant's Reply. - The protestant may file a reply.

Section 6. Revision of Ballots. - When the allegations in a protest or counter-protest so warrant, or whenever in the
opinion of the Commission or Division the interest of justice so demands, it shall immediately order the ballot boxes
containing ballots and their keys, list of voters with voting records, book of voters, and other documents used in the
election to be brought before the Commission, and shall order the revision of the ballots.

Section 7. Composition and Compensation of Revision Committee. - For the above purpose, the Commission may
constitute a committee on the revision of ballots which shall be composed of the following with the corresponding
compensation per ballot box contested:

1. A Chairman, who shall be a lawyer of the Commission - P150.00

2. One Revisor/Alternate for the Protestant - P100.00

3. One Revisor/Alternate for the Protestee - P100.00

Other Support Staff:

4. Clerk - P50.00

5. Typist - P50.00

6. Ballot Box Custodian - P50.00

Section 8. Revision Expenses. - The compensation of the members and staff shall be deducted from the cash deposit of
the protestant or the protestee as the case may be, and other incidental expenses such as supplies and transportation in
the supplies and transportation in the gathering of the protested ballot boxes.

Section 9. Venue of the Revision. - The revision of ballots shall be made in the Office of the Clerk of Court concerned
or at such places as the Commission or Division shall designate and shall be completed within three (3) months from
the date of the order; unless otherwise directed by the Commission.

Section 10. Custody of Election Records and Paraphernalia. - The ballot boxes containing ballots and their keys, the
list of voters with the voting records, book of voters, and other documents used in the election, shall be kept and held
secure in a place to be designated by the Commission, in the care and custody of the ballot box custodian of the
Electoral Contests Adjudication Department and under the authority of the Chairman.

Section 11. Report of Committee on Revision. - The committee on revision of ballots shall make a statement of the
condition in which the ballot boxes and their contents were found upon the opening of the same, and shall classify the
ballots so examined and set forth clearly any objection that may have been offered to each ballot in the report to be
submitted by them. Disputed ballots shall be numbered consecutively for purposes of identification in the presence and
under the direction of the committee chairman. After examination, the ballots and other election documents shall be
returned to their respective boxes under lock but disputed ballots shall be placed in a separate envelope duly sealed and
signed by the members of the committee and then returned to the box. For purposes of making said report, which shall
be submitted in twelve (12) legible copies, only the prescribed form prepared by the Commission shall be used.

Section 12. Prohibited Access. - During the revision of ballots, no person other than the Members of the Commission,
members of the committee on revision of ballots, the Clerk of Court concerned or the latter's authorized representatives
and the parties, their attorney or their duly authorized representatives shall have access to the place where said revision
is taking place.

Section 13. Book of Voters as Evidence. - In election contests, the book of voters shall be conclusive in regard to the
question as to who has the right to vote in said election.

Rule 21 - Quo warranto

Section 1. Petition for Quo Warranto. - Any 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 may file a petition for quo warranto with
the Electoral Contests Adjudication Department.

Section 2. Period Within Which to File. - A petition for quo warranto may be filed within ten (10) days from the date
the respondent is proclaimed.

Rule 22 - Appeals from Decisions of Courts in Election Protest Cases

Section 1. Caption and Title of Appealed Cases. - In all election contests involving the elections, returns, and
qualifications of municipal or barangay officials, the party interposing the appeal shall be called the "Appellant" and
the adverse party the "Appellee", but the title of the case shall remain as it was in the court of origin.

Section 2. Attorneys. - The attorneys of the parties in the courts shall be considered as their respective attorneys in the
Commission, unless otherwise manifested.

Section 3. Notice of Appeal. - Within five (5) days after promulgation of the decision of the court, the aggrieved party
may file with said court a notice of appeal, and serve a copy thereof upon the attorney of record of the adverse party.

Section 4. Immediate Transmittal of Records of the Case. - The Clerk of the court concerned shall, within fifteen (15)
days from the filing of the notice of appeal, transmit to the Electoral Contests Adjudication Department the complete
records of the case, together with all the evidence, including the original and three (3) copies of the transcript of
stenographic notes of the proceedings.

Section 5. Filing of Briefs. - The Clerk of Court concerned, upon receipt of the complete records of the case, shall
notify the appellant or his counsel to file with the Electoral Contests Adjudication Department within thirty (30) days
from receipt of such notice, ten (10) legible copies of his brief with proof of service thereof upon the appellee.

Within thirty (30) days from receipt of the brief of the appellant, the appellee shall file ten (10) legible copies of his
brief with proof of service thereof upon the appellant.

Section 6. Contents of Brief. - The brief shall have the same contents as those provided under Sections 16 and 17, Rule
46 of the Rules of Court. A copy of the decision appealed from shall be attached as an appendix to the appellant's brief.

Section 7. Reply Brief. - The appellant may file a reply brief within twenty (20) days from receipt of appellee's brief.

Section 8. When Case May Be Set for Oral Argument. - Upon the filing of appellant's reply brief, or after the expiration
of the time for its filing, the case shall be deemed submitted for decision, unless within fifteen (15) days therefrom, any
party asks, and for special reason, is thereafter granted permission for oral argument, or unless the Commission motu
proprio requires it. Oral arguments shall be confined to such points as the Commission may specify in an order setting
the date therefor. The Commission may admit memoranda in lieu of oral argument.

Section 9. Grounds for Dismissal of Appeal. - The appeal may be dismissed upon motion of either party or at the
instance of the Commission on any of the following grounds:

(a) Failure of the appellant to pay the correct appeal fee;

(b) Failure of the appellant to file copies of his brief within the time provided by these rules;

(c) Want of specific assignment of errors in the appellant's brief; and

(d) Failure to file notice of appeal within the prescribed period.

Section 10. Withdrawal of Appeal. - An appeal may be withdrawn as a matter of right at any time before the filing of
appellee's brief. After the filing of the appellee's brief, the withdrawal may be allowed at the discretion of the
Commission.

B. SPECIAL ACTIONS

Rule 23 - Petition to Deny Due Course to or Cancel Certificates of Candidacy

Section 1. Grounds for Denial of Certificate of Candidacy. - A petition to deny due course to or cancel a certificate of
candidacy for any elective office may be filed with the Law Department of the Commission by any citizen of voting
age or a duly registered political party, organization, or coalition or political parties on the exclusive ground that any
material representation contained therein as required by law is false.

Section 2. Period to File Petition. - The petition must be filed within five (5) days following the last day for the filing
of certificate of candidacy.
Section 3. Summary Proceeding. - The petition shall be heard summarily after due notice.

Section 4. Delegation of Reception of Evidence. - The Commission may designate any of its officials who are members
of the Philippine Bar to hear the case and to receive evidence.

Rule 24 - Proceedings Against Nuisance Candidates

Section 1. Grounds. - Any candidate for any elective office who filed his certificate of candidacy 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 who by other acts or circumstances is clearly demonstrated to have no bona fide intention to run for the
office for which the certificate of candidacy has been filed, thus preventing a faithful determination of the true will of
the electorate, may be declared a nuisance candidate and his certificate of candidacy may be denied due course or may
be cancelled.

Section 2. Who May File Petition to Declare a Candidate as Nuisance Candidate. - Any registered candidate for the
same elective office may file with the Law Department of the Commission a petition to declare a candidate as a
nuisance candidate.

The Commission may, at any time before the election, motu proprio refuse to give due course to or cancel a Certificate
of Candidacy of any candidate on any of the grounds enumerated under Section 1 of this Rule or when the substitute
Certificate of Candidacy is not a proper case of substitution under Section 77 of the Omnibus Election Code.

Section 3. Period to File the Petition. - The petition shall be filed personally or through an authorized representative,
within five (5) days from the last day for the filing of certificates of candidacy.

Section 4. Summary Proceeding. - The petition shall be heard summarily after due notice.

Section 5. Delegation of Reception of Evidence. - The hearing and reception of evidence may be delegated in like
manner as provided in Sec. 4 of the preceding Rule.

Rule 25 - Disqualification of Candidates

Section 1. Grounds for Disqualification. - Any candidate who does not possess all the qualifications of a candidate as
provided for by the Constitution or by existing law or who commits any act declared by law to be grounds for
disqualification may be disqualified from continuing as a candidate.

Section 2. Who May File Petition for Disqualification. - Any citizen of voting age, or duly registered political party,
organization or coalition of political parties may file with the Law Department of the Commission a petition to
disqualify a candidate on grounds provided by law.

Section 3. Period to File Petition. - The petition shall be filed any day after the last day for filing of certificates of
candidacy but not later than the date of proclamation.

Section 4. Summary Proceeding. - The petition shall be heard summarily after due notice.

Section 5. Effect of Petition if Unresolved Before Completion of Canvass. - If the petition, for reasons beyond the
control of the Commission, cannot be decided before the completion of the canvass, the votes cast for the respondent
may be included in the counting and in the canvassing; however, if the evidence of guilt is strong, his proclamation
shall be suspended notwithstanding the fact that he received the winning number of votes in such election.

Rule 26 - Postponement or Suspension of Elections

Section 1. Postponement of Election. - 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 nature that the holding of a free,
orderly, honest, peaceful and credible 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, may postpone the election therein to a date which should
be reasonably close to the date of the election not held, suspended, or which resulted in a failure of election, but not
later than thirty (30) days after the cessation of the cause of such postponement or suspension of the election or failure
to elect.

Section 2. Failure of Election. - If, on account of force majeure, violence, terrorism, fraud or other analogous causes
the election in any precinct 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 of 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, on the basis of 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 (30) days after the cessation of the cause of
such postponement or suspension of the election or failure to elect.

Section 3. Motu Proprio Postponement. - When the Commission acts motu proprio, notices of hearing must be sent to
all interested parties by the fastest means available.

Section 4. When Based Upon a Verified Petition. - Unless a shorter period is deemed necessary by circumstances,
within twenty-four (24) hours from the filing of the petition, the Clerk of Court concerned shall forthwith serve notices
to all interested parties, indicating therein the date of hearing, through the fastest means available.

Section 5. Time to File Opposition. - Unless a shorter period is deemed necessary by the circumstances, within two (2)
days from receipt of the notice of hearing, any interested party may file an opposition with the Law Department of the
Commission.

Section 6. Summary Proceeding. - The hearing of the case shall be summary in nature.

Section 7. Delegation of Reception of Evidence. - The Commission may designate any of its officials who are members
of the Philippine Bar to hear the case and to receive evidence.

Section 8. Determination of Cessation of Cause. - The determination of the cessation of the cause of the postponement
or suspension of election or failure of election falls within the exclusive prerogative of the Commission.

C. IN SPECIAL CASES

Rule 27 - Pre-Proclamation Controversies

Section 1. Jurisdiction of the Commission in Pre-Proclamation Controversies. - The Commission has exclusive
jurisdiction in pre-proclamation controversies arising from national, regional or local election.

A pre-proclamation controversy may be raised by any candidate or by any registered political party, organization, or
coalition of political parties before the board of canvassers or directly with the Commission.

Section 2. Pre-Proclamation Controversies: How Commenced. - Questions affecting the composition or proceedings of
the Board of Canvassers or correction of manifest errors may be initiated in the Board or directly with the Commission.
However, matters raised under Sections 233, 234, 235, and 236 of the Omnibus Election Code in relation to the
preparation, transmission, receipt, custody and appreciation of the election returns, and the Certificate of Canvass shall
be brought in the first instance before the board of canvassers concerned only.

Section 3. Summary Hearing and Disposition of Pre-Proclamation Controversies. - All pre-proclamation controversies
shall be heard summarily after due notice provided that 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 en banc within seven (7) days from receipt thereof, provided further, that
said decision shall be executory after the lapse of seven (7) days from receipt thereof by the boards of canvassers
concerned except petitions filed Under Sec. 5 hereof which shall be immediately executory upon receipt by the boards
of canvassers concerned.

Section 4. Issues that May Be Raised in the Pre-Proclamation Controversies. - The following are the proper issues that
may be raised in a pre-proclamation controversy:

(a) Illegal composition or proceedings of the board of canvassers;

(b) The canvassed election returns, or the certificate of canvass in appropriate cases, 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;

(c) The election returns or certificate of canvass were prepared under duress, threats, coercion, or intimidation,
or they are obviously manufactured or not authentic; and

(d) When substitute or fraudulent returns or certificates of canvass in controverted polling places were
canvassed, the results of which materially affected the standing of the aggrieved candidate or candidates.

(e) Correction of manifest errors.

Section 5. Pre-proclamation Controversies Which May Be Filed Directly With the Commission. - (a) The following
pre-proclamation controversies may be filed directly with the Commission:

1) When the issue involves the illegal composition or proceedings of the board of canvassers as when a
majority or all of the members do not hold legal appointments or are in fact usurpers; or when the
 canvassing has been a mere ceremony that was pre-determined and manipulated to result in nothing
but a sham canvassing as where there was convergence of circumstances of precipitate canvassing,
terrorism, lack of sufficient notice to the members of the board of canvassers and disregard of manifest
irregularities on the face of the questioned returns or certificates of canvass in appropriate cases;

2) When the issue involves the correction of manifest errors in the tabulation or tallying of the results
during the canvassing as where (1) a copy of the election returns or certificate of canvass was tabulated
more than once, (2) two or more copies of the election returns of one precinct, or two or more copies
of certificate of canvass were tabulated separately, (3) there has been a mistake in the copying of the
figures into the statement of votes or into the certificate of canvass, or (4) so-called returns from non-
existent precincts were included in the canvass, and such errors could not have been discovered during
the canvassing despite the exercise of due diligence and proclamation of the winning candidates had
already been made.

(b) If the petition involves the illegal composition or proceedings of the board under subparagraph (1) of
paragraph (a) above, it must be filed immediately when the board begins to act as such, or at the time of the
appointment of the member whose capacity to sit as such is objected to if it comes after the canvassing of the
board, or immediately at the point where the proceedings are or begin to be illegal.

If the petition is for correction, it must be filed not later than five (5) days following the date of proclamation
and most implead all candidates who may be adversely affected thereby.

(c) Upon the docketing of such petition, the Clerk of Court concerned shall forthwith issue summons, with a
copy of the petition, to the respondents.

(d) The Clerk of Court concerned shall immediately set the petition for hearing.

(e) The petition shall be heard and decided by the Commission en banc.

(f) When the petition involves the composition or proceedings of the board, the board of canvassers shall not
commence, proceed or resume the canvass unless otherwise ordered by the Commission.

Section 6. Rights of Political Parties and Candidates Before the Board of Canvassers in Pre-Proclamation Cases. - (a)
Any registered political party, organization, or coalition of political parties, through their representatives, and any
candidate, has the right to be present and to counsel during the canvass of election returns, or certificates of canvass in
appropriate cases.

Only one counsel may argue for each registered political party, organization, or coalition of political parties, or
candidate. Counsel shall have the right to examine the election returns or certificates of canvass being canvassed
without touching them, make their observations thereon, and file their challenges and objections thereto.

No dilatory action shall be allowed by the board of canvassers which may impose time limits for oral argument.

(b) Any registered political party, organization, or coalition of political parties, through their representatives
and any candidate is entitled to obtain a copy of the Statement of Votes per precinct and a copy of the
certificate of canvass duly signed by all the members of the board of canvassers.

Section 7. Correction of Errors in Tabulation or Tallying of Results by the Board of Canvassers. - (a) Where it is
clearly shown before proclamation that manifest errors were committed in the tabulation or tallying of election returns,
or certificates of canvass, during the canvassing as where (1) a copy of the election returns of one precinct or two or
more copies of a certificate of canvass were tabulated more than once, (2) two copies of the election returns or
certificate of canvass were tabulated separately, (3) there was a mistake in the adding or copying of the figures into the
certificate of canvass or into the statement of votes by precinct, or (4) so-called election returns from non-existent
precincts were included in the canvass, the board may motu proprio, or upon verified petition by any candidate,
political party, organization or coalition or political parties, after due notice and hearing, correct the errors committed.

(b) The order for correction must be made in writing and must be promulgated.

(c) Any candidate, political party, organization or coalition of political parties aggrieved by said order may
appeal therefrom to the Commission within twenty-four (24) hours from the promulgation.

(d) Once an appeal is made, the board of canvassers shall not proclaim the winning candidates, unless their
votes are not affected by the appeal.

(e) The appeal must implead as respondents the Board of Canvassers concerned and all parties who may be
adversely affected thereby.
 (f) Upon receipt of the appeal, the Clerk of Court concerned shall forthwith issue summons, together with a
copy of the appeal, to the respondents.

(g) The Clerk of Court concerned shall immediately set the appeal for hearing.

(h) The appeal shall be heard and decided by the Commission en banc.

Section 8. Procedure Before the Board of Canvassers When Composition or Proceedings of Board are Contested. - (a)
When the composition or proceeding of the board of canvassers, are contested the board of canvassers shall, within
twenty-four (24) 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 after the ruling with proper notice to the board of canvassers. The
Commission en banc shall summarily decide the case within five (5) days from the filing thereof.

(b) Upon receipt of such appeal, the Clerk of Court concerned shall immediately set the case for hearing, with
due notice to the parties, by the Commission en banc.

(c) During the pendency of the appeal, the board of canvassers shall immediately suspend the canvass until the
Commission orders the continuation or resumption thereof.

Section 9. Procedure Before Board of Canvassers When Inclusion or Exclusion of Election Returns are Contested. - (a)
Any candidate, registered political party, organization or coalition or political parties contesting the inclusion or
exclusion in the canvass of any election returns on any of the grounds provided in Section 3 of this Rule or by law,
shall present or submit their oral objection to the Chairman of the Board of Canvassers, stating the grounds therefor, at
the time the contested returns is opened or presented for inclusion or exclusion.

(b) The objections must be faithfully recorded, noted and entered in the minutes of the canvassing indicating
therein the date and hour the objection was made.

(c) The board shall automatically defer the canvass of the contested returns, after recording separately the
results therein, and shall proceed to canvass the other returns which are not contested.

(d) Simultaneously 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 objections,
which shall be attached to the form for written objections. With the same period of twenty-four 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 of the board of canvassers affixing his
signature at the back of each and every page thereof.

(e) 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 signature of its members.

(f) Any party adversely affected by the ruling of the Board shall immediately inform the Board if he intends to
appeal said ruling. The Board shall enter said information in the Minutes of Canvass, set aside the returns and
proceed to consider the other returns.

(g) After all the uncontested returns have been canvassed and the contested returns 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 to Appeal; and within an inextendible period of five (5)
days thereafter, an appeal may be taken to the Commission.

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, furnishing the
parties with the copies of the report.

(h) On the basis of the records and evidence elevated to it by the Board, the Commission en banc shall decide
summarily the appeal within seven (7) days from the receipt of said records 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 en banc shall be executory after the lapse of seven (7) days from receipt
thereof by the boards of canvassers concerned.
 (i) The board of canvassers shall not proclaim any candidate as winner unless authorized by the Commission in
writing after the later shall have ruled on the objections brought to it on appeal by the aggrieved party. Any
proclamation in violation hereof shall be void ab initio, unless the contested returns will not adversely affect
the uncontested results of the elections.

(j) If in the course of the canvass the boards' copy of the election returns is missing, the board shall, by
messenger or otherwise obtain such missing 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 true copy of said election returns issued by the
Commission.

(k) If it clearly appears that some requisites in form or data had been omitted in the election returns, the Board
of Canvassers shall call for all the members of the board of election inspectors concerned by the most
expeditious means, for said board to effect the correction: provided that in case the omission in the election
return is that of the name of any candidate and/or his corresponding votes, the board of canvassers shall require
the board of election inspectors concerned to complete the necessary data in the election returns and affix
therein their initials: Provided, further, that if the votes omitted in the returns cannot be ascertained by other
means except by recounting the votes, the board of canvassers shall immediately make a report thereon to the
Commission and the latter, after satisfying itself that the identity and integrity of the ballot box have not been
violated, shall order the board of election inspectors to open the ballot box, and, also after satisfying itself that
the integrity of the ballots therein has been duly preserved, order the broad of election inspectors to count the
votes for the candidates whose votes have been omitted with notice thereof to all candidates for the position
involved and thereafter complete the returns.

(l) When the board of canvassers determines that the election returns submitted to it appear to be tampered
with, altered or falsified after they have left the hands of the board of inspectors, or otherwise not authentic or
were prepared by the board of election inspectors under duress, force, or intimidation, or prepared by persons
other than the members of the board of election inspectors, the board of canvassers shall use the other copies of
said election returns, and if necessary, the copy inside the ballot box which, upon prior authority of the
Commission, may be retrieve. If the other copies of the returns are likewise tampered with, altered, falsified,
not authentic, prepared under duress, force, intimidation, or prepared by persons other than the members of the
board of election inspectors, the board of canvassers shall immediately bring the matter to the attention of the
Commission. The Commission shall then, after giving notice to all candidates concerned and after satisfying
itself that nothing in the ballot box indicates that its identity and integrity have been violated, order the opening
of the ballot box and, likewise after satisfying itself that the integrity of the ballots therein has been duly
preserved, shall order the board of inspectors concerned to recount the votes of the candidates affected and
when proper, to prepare a new return which shall then be used by the board of canvassers as basis of the
canvass.

(m) In case it appears to the board of canvassers that there exists discrepancies in the other authentic copies of
the election returns from a precinct or discrepancies in the votes of any candidate in words and figures in the
same returns, and in either case the difference affects the results of the election, the Commission, upon motion
of the board of canvassers or any candidate affected and after due notice to all candidates concerned, 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 precinct solely for the purpose
of determining the true result of the count of votes of the candidates concerned.

(n) When the evidence submitted to the board of canvassers indicate a failure of elections in a precinct or
precincts and the number of registered voters therein would affect the final result of the election, the board of
canvassers shall bring the matter to the attention of the Commission. Until this issue is resolved the board of
canvassers shall suspend the proclamation of any candidate.

Section 10. Appeals from Rulings of Board of Canvassers. - (a) A party aggrieved by a ruling of the Board of
Canvassers shall, within forty-eight hours from receipt of a copy of the ruling of the Board of Canvassers, file with the
Board a written and verified Notice of Appeal; and within an inextendible period of five (5) days, he shall file his
appeal to the Commission.

Upon receipt of the appeal, the Commission en banc shall immediately determine whether the issues related
therein are grounds proper for pre-proclamation controversy. If the issues raised are not among the grounds
enumerated under Sec. 3 of this Rule, the same shall be dismissed, otherwise it shall be raffled to any of the
two (2) divisions of the Commission which shall dispose of it summarily within three (3) days from the period
of referral by the Commission en banc.

(b) The appeal filed with the Commission shall be docketed by the Clerk of Court concerned.

(c) The answer/opposition shall be verified.

(d) The Division to which the case is assigned shall immediately set the case for hearing.
 (e) At the hearing, no new evidence shall be received, unless for good reasons shown, it is clearly and
convincingly established that the appellant was deprived of due process by the board of canvassers.

(f) If the appellant is allowed to present new evidence, oral testimonies may be dispensed with, and in lieu
thereof, the parties may be required to submit their position papers, together with affidavits, counter-affidavits,
and other documentary evidence, after which the case shall be deemed submitted for decision.

Section 11. Period Within Which Boards of Canvassers Must Complete Canvass. - Subject to reasonable exceptions,
board of canvassers must complete their canvass within thirty-six (36) hours in cities not comprising at least one
legislative district, and in municipalities; within forty-eight (48) hours in cities comprising one or more legislative
district and within seventy-two (72) hours in the provinces.

Section 12. Submission of the Minutes of the Proceedings of the Board. - Within 15 days from the termination of
canvass, the secretary of the board of canvassers shall submit to the Law Department of the Commission on Elections
in Manila by registered mail a certified copy of the minutes of the proceedings of the board, together with its written
rulings on objections to the composition or proceedings of the board of canvassers, to the inclusion or exclusion of
election returns or to correction of tabulation, and any evidence offered by the parties, and shall notify by telegram the
said department of the date and the manner of transmittal of the minutes.

D. SPECIAL RELIEFS

Rule 28 - Certiorari, Prohibition and Mandamus

Sec. 1. When Available. - In aid of its appellate jurisdiction in election cases before courts of general jurisdiction
relating to the elections, returns and qualifications of elective Municipal officials, and before courts of limited
jurisdiction in cases relating to the elections, returns and qualifications of elective barangay officials, the Commission
en banc may hear and decide petitions for certiorari, prohibition or mandamus.

Section 2. Petition for Certiorari or Prohibition. - When any court or judge hearing election cases has acted without or
in excess of its or his jurisdiction or with grave abuse of discretion and there is no appeal, nor any plain, speedy, and
adequate remedy in the ordinary course of law, a person aggrieved thereby may file a petition for certiorari or
prohibition with the Commission alleging the facts with certainty and praying that judgment be rendered annulling or
modifying the proceedings, as the law requires, of such court or judge, or commanding it or him to desist from further
proceeding with the action or matter specified therein, as the case may be.

The petition shall be accompanied by a certified true copy of the judgment or order subject thereof, together with all
pleadings and documents relevant and pertinent thereto.

Section 3. Petition for Mandamus. - When a court or judge in an election case unlawfully neglects the performance of
an act which the law specifically enjoins as a duty resulting from his office in relation to such case and there is no other
plain, speedy and adequate remedy in the ordinary course of law, the person aggrieved thereby may file a petition with
the Commission alleging the facts with certainty and praying that judgment be rendered commanding the respondent
immediately or at some other specified time to do the act required to be done to protect the rights of the petitioner and
to pay the damages sustained by the petitioner by reason of the acts complained of.

Section 4. Duty of Clerk of Court of the Commission. - Upon the filing of the petition, the Clerk of Court concerned
shall calendar the case for en banc ex-parte hearing of the Commission to determine if it is sufficient in form and
substance.

Section 5. Order to Answer. - If the Commission en banc shall determine that the petition is sufficient in form and
substance, it shall issue an order requiring the respondent to answer the petition within ten (10) days from receipt of a
copy thereof. Such order shall be served on the respondent in such manner as the Commission may direct, together
with a copy of the petition.

Section 6. Proceedings After Answer. - Once an answer is filed, or the time for its filing has expired, the Commission
may order the proceedings complained of to be forthwith certified for review and shall hear the case, and if after such
hearing the Commission finds that the allegations are true, it shall render judgment for such relief prayed as the
petitioner is entitled to, with or without costs, as justice requires.

Rule 29 - Contempt

Section 1. Direct Contempt Punished Summarily. - A person guilty of misbehavior in the presence of or so near the
Commission or any of its Divisions as to obstruct or interrupt the proceedings before it or them, including disrespect
toward the Commission or Division, offensive personalities toward others or refusal to be sworn or to answer as a
witness, or to subscribe to an affidavit or deposition when lawfully required to do so, may be summarily adjudged in
direct contempt by the Commission or any of its Division and punished by a fine not exceeding two hundred (P200.00)
pesos or imprisonment not exceeding ten (10) days, or both, at the discretion of the Commission or Division.
Section 2. Indirect Contempt. - After charge in writing has been filed with the Commission or Division, as the case
may be, and an opportunity given to the respondent to be heard by himself or counsel, a person guilty of the following
acts may be punished for indirect contempt:

(a) Misbehavior of the responsible officer of the Commission in the performance of his official duties or in his
official transactions;

(b) Disobedience of or resistance to a lawful writ, process, order, judgment or command of the Commission or
any of its Divisions, or injunction or restraining order granted by it;

(c) Any abuse of or any unlawful interference with the process or proceedings of the Commission or any of its
Divisions not constituting direct contempt under Section 1 of this Rules;

(d) Any improper conduct tending, directly or indirectly, to impede, obstruct, or degrade the administration of
justice by the Commission or any of its Divisions;

(e) Assuming to be an attorney and acting as such without authority; and

(f) Failure to obey a subpoena duly served.

Section 3. Penalty for Indirect Contempt. - If adjudged guilt, the accused may be punished by a fine not exceeding one
thousand (P1,000.00) pesos or imprisonment for not more than six (6) months, or both, at the discretion of the
Commission or Division.

Section 4. Warrant of Arrest on a Witness Who Fails to Attend. - Any provision of these Rules to the contrary
notwithstanding, in case of failure of a witness to attend despite the issuance of a valid subpoena, the Commission or
any of its Divisions, upon proof of service of the subpoena to said witness, may issue a warrant of arrest against said
witness and direct that he be brought before the Commission or any of its Divisions where his attendance is required.

E. PROVISIONAL REMEDIES

Rule 30 - Injunction

Section 1. Preliminary Injunction. - The Commission or any of its Divisions may grant preliminary injunction in any
ordinary action, special action, special case, or special relief pending before it.

Section 2. Grounds for Issuance of Preliminary Injunction. - A preliminary injunction may be granted at any time after
the commencement of an action or proceeding and before judgment when it is established that:

(a) The petitioner or protestant is entitled to the relief demanded and the whole or part of such relief consists in
restraining the commission or continuance of the acts complained of, or in the performance of an act or acts,
either for a limited period or perpetually; asia dc

(b) The commission or continuance of some act complained of during the pendency of the action or the non-
performance thereof would work injustice to the petitioner or protestant;

(c) The respondent or protestee is doing, threatens, or is about to do, or is procuring to be done, some act in
violation of petitioner's/protestant's rights respecting the subject of the action, and tending to render the
judgment ineffectual.

Section 3. Grant of Injunction Discretionary. - The grant of the preliminary injunction is entirely left to the sound
discretion of the Commission or its Divisions.

Section 4. Bond for Preliminary Injunction. - No writ of preliminary injunction shall be issued unless the applicant
shall file a bond, in an amount to be fixed by the Commission or the Division concerned, to the effect that the
petitioner/protestant will pay to such party all damages which the latter may sustain by reason of the injunction if the
Commission or the Division concerned shall finally decide that the petitioner/protestant was not entitled thereto.

Section 5. Preliminary Injunction Not Granted Without Notice; Issuance of Restraining Order. - No preliminary
injunction shall be granted without notice to the adverse party. If it shall appear from the facts shown by affidavits or
the verified petition that great or irreparable injury would result to the applicant before the matter can be heard on
notice, the Commission or any Division to which the application for preliminary injunction was made, may issue a
restraining order to be effective only for a period of twenty (20) days from date of its issuance. Within the said twenty-
day period, the Commission or the Division as the case may be, must cause an order to be served on the respondent
requiring him to show cause, at a specified time and place, why the injunction should not be granted, and determine
within the same period whether or not the preliminary injunction shall be granted and shall accordingly issue the
corresponding order. In the event that the application for preliminary injunction is denied, the restraining order is
deemed automatically vacated.
F. SPECIAL PROCEEDINGS

Rule 31 - Annulment of Permanent List of Voters

Section 1. Grounds. - Any book of voters not prepared in accordance with the provisions of law, or the preparation of
which has been effected with fraud, bribery, forgery, impersonation, intimidation, force, or any other similar
irregularity, or which list is statistically improbable, may be annulled by the Commission.

Section 2. Petition to Annul. - Any voter, election registrar, or duly registered political party, organization or coalition
of political parties may file with the Law Department of the Commission a petition to annul a permanent list of voters.

Section 3. Notice of Hearing. - Within three days from the filing of the petition, the Clerk of Court concerned shall
make a report of the petition of the Commission which shall determine either to give it due course or to deny the same.
If the Commission shall decide to give it due course, an Order to that effect, fixing the date of hearing, shall be
published in a newspaper of general circulation in the province or city concerned once a week for two consecutive
weeks, the last of which shall not be less than ten days prior to the date of hearing. Copies of the order shall likewise be
furnished to all registered political parties, organization or coalition or political parties in the province or city
concerned. Expenses for the publication and notices shall be borne by the petitioner, which as preliminary estimated,
shall be deposited with the Commission. If the petitioner is an Election Registrar the expenses for publication shall be
borne by the Commission.

Section 4. Time to File Opposition. - On or before the date set for the hearing, any interested party may file a verified
opposition to the petition.

Section 5. Summary Proceedings. - The petition may be heard summarily.

Section 6. Delegation of Hearing and Reception of Evidence. - The hearing and reception of evidence may be
delegated by the Commission to any of its officials who are members of the Philippine Bar.

Section 7. Prohibition of Execution of Decision. - Any provision of these Rules to the contrary notwithstanding, a
decision to annul a book of voters shall not be executed within sixty (60) days before an election.

Rule 32 - Registration of Political Parties or Organization

Section 1. Petition for Registration. - Any political party, organization or coalition of political parties seeking
registration pursuant to Section 2 (5), Subdivision C of Article IX of the Constitution shall file with the Law
Department of the Commission a petition duly verified by its President and Secretary -General, or any official duly
authorized to do so under its Constitution and By-laws;

Section 2. Contents of Petition. - The petition for registration shall state the following:

(1) Full name of the political party, organization or coalition of political parties;

(2) The principal headquarters and post office address for election purposes, including its branches and
divisions, if any;

(3) The date and place of its organization;

(4) The date and manner of election or selection of its officers;

(5) The names and addresses of its organizers and officers, Executive Committee members, Directorate, or
Party Convention delegates, if any;

(6) The extent of its constituency;

(7) Its program of government;

(8) That it is not a religious sect or denomination;

(9) That it shall not pursue its goals through violence or other unlawful means;

(10) That it shall uphold and adhere to the Constitution and shall obey all laws and legal orders promulgated by
duly constituted authorities;

(11) That it is not supported by, nor does it accept financial contribution from any foreign government or their
agencies; and

(12) Other information that may be material and relevant to the petition.
Section 3. Other Requirements. - The petitioner shall attach to the petition for registration ten (10) copies of its
constitution and by-laws, party platform, organizational papers, declarations of political creed or code of political
ethics and such other documents of similar or equivalent character.

Section 4. Verification. - Before taking action on the petition, the Commission shall first verify, through its filed
offices, the status and capacity of the petitioner and the veracity of the allegations in the petition and its enclosures. Not
later than fifteen (15) days from notice of the Commission's instruction, the field office concerned shall submit its
written report, in ten (10) copies, together with supporting documents or records, if any.

Section 5. Notice of Hearing. - Upon receipt of the reports from its field offices, the Commission shall immediately set
the petition for hearing and shall send notices to the petitioner and other parties concerned.

Section 6. Publication of Petition and notice of Hearing. - On the day following the receipt of the notice of hearing, the
petitioner shall cause the publication of the petition, together with the notice of hearing, in three (3) daily newspaper of
general circulation, notifying in writing the Commission of such action.

Section 7. Certificate of Registration. - A certificate of registration shall be issued by the Commission upon approval of
the petition, which shall be displayed in the main office and in all chapters of the petitioner.

Section 8. Cancellation of Registration. - Upon verified complaint of any interested party, or motu proprio by the
Commission, the registration of any political party, coalition of political parties or organization under the party-list
system may be cancelled after due notice and hearing on the following grounds:

a) Acceptance by the political party, coalition of political parties, or organizations or any of its candidates, of
financial contributions from foreign governments and/or their agencies for activities related to elections;

b) Violation of laws, rules or regulations relating to elections, plebiscites, referenda, or initiative;

c) Untruthful statements in its petition for registration;

d) The said political party, coalition of political parties or organization has become a religious sect or
denomination, is pursuing its goals thru violence or other unlawful means, is refusing to adhere to or uphold
the Constitution of the Philippines, or is receiving support from any foreign government, and

e) Failure to comply with applicable laws, rules or regulations of the Commission.

f) Failure to field official candidates in the last two proceeding elections or failure of their candidates to obtain
at least five (5) per centum of the votes cast in the last two preceding elections.

Rule 33 - Accreditation of Citizens' Arms of the Commission

Section 1. Who May Be Accredited as Citizens' Arms of the Commission. - Any bona fide non partisan group,
association or organization from the civic, youth, professional, educational, business or labor sectors with indentifiable
leadership, membership and structure, and with demonstrated capacity to promote the public interest and assist the
Commission in the performance of its functions and activities as mandated by the Constitution and by law, may be
accredited as citizens' arms of the Commission.

Section 2. Petition to be Accredited. - The group, association or organization mentioned in Section 1 hereof may file a
petition for accreditation duly verified by its President, Chairman of the Board of Directors, or any of its duly
authorized officer.

Section 3. Contents of the Petition. - The petition shall state the following:

(a) The constituency to which petitioner seeks accreditation;

(b) That it is not supporting any candidate, political party, organization or coalition of political parties, in the
constituency where it seeks accreditation;

(c) Nature of its membership (whether civic, youth etc.); names of its officers or organizers, location of
principal office or place of business and an assurance of its capability to undertake a coordinated operation and
activity to assist the Commission;

(d) That it shall submit itself to the direct and immediate control and supervision and comply with the orders of
the Commission in the performance of its specific functions and activities provided by law, and such other
functions and activities provided by law, and such other functions and activities which the Commission may
assign;

(e) That it shall strictly remain non-partisan and impartial during the registration and election periods;
 (f) That it is not supported by or under the influence of any foreign government or any of its agencies or
instrumentalities; or of any foreigner, whether natural or juridical person;

(g) That it shall not solicit or receive, directly or indirectly, any contribution or aid of whatever form or nature
from any foreign government, or any of its agencies or instrumentalities, or from any foreigner, a natural or
juridical person;

(h) That it does not seek to achieve its objectives, goals or programs through violence or other unlawful means,
nor aim to propagate any ideology opposed to the principles of a republican and democratic government; and

(i) That it undertakes to police its ranks and prevent infiltration by persons or groups of persons who may,
directly or indirectly, destroy its character of non-partisanship and impartially.

Section 4. Notice of Hearing. - Upon the filing of the petition, the Commission en banc shall immediately set it for
hearing. The Commission may, if it deems necessary, order the publication of the petition in a newspaper of general
circulation at the expense of the petitioner.

Section 5. Opposition. - Any person, group, association or organization, political party or coalition of political parties
possessing relevant information or evidence against the petitioner may oppose its accreditation by filing a verified
opposition.

Notwithstanding the absence of any opposition, the Commission may motu proprio require the petitioner to present
evidence to support its petition.

Section 6. Decision. - The decision of the Commission granting the petition may provide conditions to be strictly
complied with by the petitioner.

Section 7. Certificate of Accreditation. - If the decision is for the accreditation of the petitioner, the Commission shall
issue a certificate of accreditation containing the following:

(a) The name of the group or organization;

(b) The constituency to which it is accredited; and

(c) The political exercise for which it is accredited.

Section 8. Submission of Names and Addresses of Local Representatives. - After its accreditation, the petitioner shall
submit to the Election Registrars in the constituency where it is accredited, the names and addresses of its local
representatives who shall act as non-partisan watchers and substitute watchers therein during the entire electoral
exercise.

Section 9. Appointment of Watchers by Election Registrars. - Unless the impartiality or non-partisanship of the
members concerned is questioned in writing, the Election Registrar shall extend the corresponding appointments to
such members as poll watchers stating therein the precincts to which they are assigned. The members so appointed
shall have the same duties, functions, and rights as watchers of registered political parties, organization or coalition of
political parties.

Section 10. Revocation of Accreditation. - The accreditation of any group, association or organization as Citizens'
Army may be revoked by the Commission after notice and hearing, whenever it shows or acts with partiality in any
political issue or to any political party, organization or coalition of political parties, or has performed acts in excess of
its duties and functions as provided by law, or has failed to comply with the conditions imposed upon it in the decision
granting accreditation.

Section 11. Expiration of Accreditation. - The accreditation shall automatically lapse at the end of the election period
of the political exercise for which the petitioner was accredited as citizens' arm.

G. ELECTION OFFENSES

Rule 34 - Prosecution of Election Offenses

Section 1. Authority of the Commission to Prosecute Election Offenses. - The Commission shall have the exclusive
power to conduct preliminary investigation of all election offenses punishable under the election laws and to prosecute
the same, except as may otherwise be provided by law.

Section 2. Continuing Delegation of Authority to Other Prosecution Arms of the Government. - The Chief State
Prosecutor, all Provincial and City Fiscals, and/or their respective assistants are hereby given continuing authority, as
deputies of the Commission, to conduct preliminary investigation of complaints involving election offenses under the
election laws which may be filed directly with them, or which may be indorsed to them by the Commission or its duly
authorized representatives and to prosecute the same. Such authority may be revoked or withdrawn any time by the
Commission whenever in its judgment such revocation or withdrawal is necessary to protect the integrity of the
Commission, promote the common good, or when it believes that successful prosecution of the case can be done by the
Commission.

Section 3. Initiation of Complaint. - Initiation of complaint for election offenses may be done motu proprio by the
Commission, or upon written complaint by any citizen of the Philippines, candidate, registered political party, coalition
of political parties or organizations under the partylist system or any accredited citizens arms of the Commission.

Section 4. Form of Complaint and Where to File. - (a) When not initiated motu proprio by the Commission, the
complaint must be verified and supported by affidavits and/or any other evidence. Motu proprio complaints may be
signed by the Chairman of the Commission, or the Director of the Law Department upon direction of the Chairman,
and need not be verified;

(b) The complaint shall be filed with the Law Department of the Commission; or with the offices of the
Election Registrars, Provincial Election Supervisors or Regional Election Directors, or the State Prosecutor,
Provincial Fiscal or City Fiscal. If filed with any of the latter three (3) officials, investigation thereof may be
delegated to any of their assistants.

(c) If filed with the Regional Election Directors or Provincial Election Supervisors, said officials shall
immediately furnish the Director of the Law Department a copy of the complaint and the supporting
documents, and inform the latter of the action taken thereon.1avvphi1

Section 5. Referral for Preliminary Investigation. - if the complaint is initiated motu proprio by the Commission, or is
filed with the Commission by any aggrieved party, it shall be referred to the Law Department for investigation. Upon
direction of the Chairman of the Commission, the preliminary investigation may be delegated to any lawyer of said
Department, or to any of the Regional Election Directors or Provincial Election Supervisors, or any lawyer of the
Commission .

Section 6. Conduct of Preliminary Investigation. - (a) If on the basis of the complaint, affidavits and the supporting
evidence, the investigating officer finds no ground to continue with the inquiry, he shall recommend the dismissal of
the complaint and shall follow the procedure prescribed in Section 8(c) of this Rule. Otherwise, he shall issue a
subpoena to the respondent, attaching thereto a copy of the complaint, affidavits and other supporting documents
giving said respondent ten (10) days from receipt within which to submit counter-affidavits and other supporting
documents. The respondent shall have the right to examine all other evidence submitted by the complainant.

(b) Such counter-affidavits and other supporting evidence submitted by the respondent shall be furnished by
him to the complainant.

(c) If the respondent cannot be subpoenaed, or if subpoenaed, doe not submit counter-affidavits within the ten
day period, the investigating officer shall base his resolution on the evidence presented by the complainant.

(d) If the investigating officer believes that there are matters to be clarified, he may set a hearing to propound
clarificatory questions to the parties or their witnesses, during which the parties shall be afforded an
opportunity to be present but without the right to examine or cross-examine. If the parties so desire, they may
submit questions to the investigating officer which the latter may propound to the parties or witnesses
concerned.

(e) Thereafter, the investigation shall be deemed concluded, and the investigating officer shall resolve the case
within ten (10) days therefrom. Upon the evidence thus adduced, the investigating officer shall determine
whether or not there is sufficient ground to hold the respondent for trial.

Section 7. Presumption of Existence of Probable Cause. - A complaint initiated motu propio by the Commission is
presumed to be based on sufficient probable cause and the investigating officer must forthwith issue the subpoena
mentioned in the immediately preceding section.

Section 8. Duty of Investigating Officer. - The preliminary investigation must be terminated within twenty (20) days
after receipt of the counter-affidavits and other evidence of the respondents, and resolution thereof shall be made
within five (5) days thereafter.

(a) If the investigating officer finds no cause to hold the respondent for trial, he shall recommend dismissal of
the complaint.

(b) If the investigating officer finds cause to hold the respondent for trial, he shall prepare the resolution, and
the corresponding information wherein he shall certify under oath that he has examined the complainant and
his witnesses, that there is reasonable ground to believe that a crime has been committed and that the accused
was informed of the complaint and of the evidence submitted against him and that he was given an opportunity
to submit controverting evidence.
 (c) In either case, the investigating officer shall, within five (5) days from the rendition of his recommendation,
forward the records of the case to:

1) The Director of the Law Department of the Commission in cases investigated by any of the
Commission lawyers or filed personnel, and

2) The State Prosecutor, Provincial Fiscal or City Fiscal, as the case may be, pursuant to the continuing
authority provided for in Section 2 of this Rule.

Section 9. Duty of the Law Department, State Prosecutor, Provincial or City Fiscal Upon Receipt of Records. - (a)
Within ten (10) days from receipt of the records stated in paragraph (c) of the immediately preceding section, the State
Prosecutor, Provincial or City Fiscal shall take appropriate action thereon, immediately informing the parties of said
action.

(b) In cases investigated by the lawyers or the field personnel of the Commission, the Director of the Law
Department shall review and evaluate the recommendation of said legal officer, prepare a report and make a
recommendation to the Commission affirming, modifying or reversing the same shall be included in the
agenda of the succeeding meeting en banc of the Commission. If the Commission approves the filing of an
information in court against the respondent/s, the Director of the Law Department shall prepare and sign the
information for immediate filing with the appropriate court.

(c) In all other cases, if the recommendation to dismiss or the resolution to file the case in court is approved by
State Prosecutor, Provincial or City Fiscal, they shall likewise approve the Information prepared and
immediately cause its filing with the proper court.

(d) If the recommendation to dismiss is reversed on the ground that a probable cause exists, the State
Prosecutor, or the Provincial or City Fiscal, may, by himself prepare and file the corresponding information
against the respondent or direct any of his assistants to do so without conducting another preliminary
investigation.

Section 10. Appeals from the Action of the State Prosecution, Provincial or City Fiscal. - Appeals from the resolution
of the State Prosecutor, or Provincial or City Fiscal on the recommendation or resolution of investigating officers may
be made only to the Commission within ten (10) days from receipt of the resolution of said officials, provided,
however that this shall not divest the Commission of its power to motu proprio review, revise, modify or reverse the
resolution of the chief state prosecutor and/or provincial/city prosecutors. The decision of the Commission on said
appeals shall be immediately executory and final.

Section 11. Duty of State Prosecutor, Provincial or City Fiscal to Render Reports. - The State Prosecutor, Provincial or
City Fiscal shall, within five (5) days from the rendition of their resolution on recommendation or resolution of
investigating officers, make a written report thereof to the Commission. They shall likewise submit a monthly report on
the status of cases filed with and/or prosecuted by them or any of their assistants pursuant to the authority granted them
under Section 2 of this Rule.

Section 12. Private Prosecutor. - The appearance of a private prosecutor shall be allowed in cases where private rights
involving recovery of civil liability are involved.

PART VI
PROVISIONS GOVERNING ELECTION CONTESTS AND
QUO WARRANTO CASES BEFORE TRIAL COURT

Rule 35 - Election Contests Before Courts of General Jurisdiction.

Section 1. Original Jurisdiction of Regional Trial Courts. - Regional trial courts shall have exclusive original
jurisdiction over contests relating to the elections, returns and qualifications involving elective municipal officials.

Section 2. Filing of Election Contests. - A petition contesting the election of any municipal official shall be filed with
the proper Regional Trial Court or mailed at the post office as registered matter addressed to said Court, together with
six (6) legible copies thereof, by any candidate for the same office who has duly filed a certificate of candidacy and
who was voted in the election. Each contest shall refer exclusively to one office, but contests for offices of the
Sangguniang Bayan may be consolidated in one case.

Section 3. Period to File Petition. - The petition shall be filed within ten (10) days following the date of proclamation
of the results of the election.

Section 4. Designation of Parties. - The party bringing the action shall be designated as the Protestant, and the party
against whom the action is brought shall be designated as the Protestee.
Section 5. Duty of Clerk of Court to Issue Notice and Serve Copy of Petition. - It shall be the duty of the Clerk of Court
of the trial court to serve notice and a copy of the petition by means of summons upon each respondent within five (5)
days after the filing thereof.

Section 6. Petition to be Verified. - All petitions shall be verified by the parties filing them or their attorneys.

Any subsequent pleading based on facts which ought to be proved shall likewise be verified.

Section 7. Answer, Reply, Counter-Protest and Protest in Intervention. - (a) Within five (5) days after receipt of notice
of the filing of the petition and a copy of the petition, the respondent shall file his answer thereto specifying the nature
of his defense, and serve a copy thereof upon the protestant. The answer shall deal only with the election in the
precincts which are covered by the allegations of the protest.

(b) Should the protestee desire to impugn the votes received by the protestant in other precincts, he shall file a
counter-protest within the same period fixed for the filing of the answer, serving a copy thereof upon the
protestant by registered mail or by personal delivery. In such a case, the counter-protest shall be verified.

(c) The protestant shall answer the counter-protest within five (5) days after notice.

(d) Within five (5) days from the filing of the protest, any other candidate for the same office may intervene in
the case as other contestants and ask for affirmative relief in his favor by a verified petition in intervention,
which shall be substantiated within the same proceeding. The protestant or protestee shall answer the protest-
in-intervention within five (5) days after notice.

(e) If no answer shall be filed to the protest, counter-protest or protest-in-intervention within the time limits
respectively fixed, a general denial shall be deemed to have been entered.

Section 8. Substantial and Formal Amendments of Pleadings. - After the case is set for hearing, no amendment to any
pleading affecting the merits of the controversy shall be allowed except by leave of Court and only upon such grounds
as will serve public interest. But such leave may be refused if it appears to the court that the motion to amend was
made with intent to delay the action. Any amendment in matters of from may be permitted at any stage of the
proceedings.

Section 9. Filing Fee. - No protest, counter-protest, or protest-in-intervention shall be given due course without the
payment of a filing fee in the amount of three hundred pesos (P300.00) for each interest.

Each interest shall further pay the legal research fee as required by law.

If a claim for damages and attorney's fees are set forth in a protest, counter-protest or protest-in-intervention, an
additional filing fee shall be paid in accordance with the schedule provided for in the Rules of Court in the Philippines.

Section 10. Cash Deposit. - (a) In any protest, counter-protest or protest-in-intervention not requiring ballot revision,
the protestant, the counter-protestant, or intervenor, as the case may be, shall upon the payment of the filing fee, make a
cash deposit in the amount of five hundred pesos (P500.00) which shall be applied to the payment of all expenses
incidental to such protest, counter-protest or protest-in-intervention. When circumstances so warrant, additional cash
deposits may be required. Any unused balance thereof shall be returned to the party making the deposit.

(b) In case revision of ballots is required, there shall be deposited, within ten days after being required by the
Court, the sum of three hundred pesos (P300.00) for every ballot box for the consumption of revisors at the
rate of P100.00 each.

(c) Failure to make the cash deposits herein provided within the prescribed time limit shall result in the
automatic dismissal of the protest, counter-protest or protest-in-intervention, as the case may be.

(d) In case the party who has paid the expenses and costs wins, the court shall assess, levy and collect the same
as costs from the losing party.

Section 11. Presentation and Reception of Evidence. - The presentation and reception of evidence in election contests
shall be made in accordance with Section 2 of Rule 17 of these Rules, but the same shall be completed within thirty
(30) days from the date of the commencement thereof.

Section 12. Custody of Ballot Boxes, Election Documents and Paraphernalia. - Where allegations in a protests, or
counter-protest or protest-in-intervention so warrant, or whenever in the opinion of the Court the interest of justice so
demands, it shall immediately order the ballot boxes containing ballots and their keys, list of voters with voting
records, books of voters, and other documents used in the election to be brought before it. Said election documents and
paraphernalia shall be kept and held secure in a place to be designated by the Court in the care and custody of the Clerk
of Court.
Section 13. Revision of Ballots. - For the purpose of revision of ballots, the court shall appoint a committee composed
of a chairman and two members, one member and his substitute to be proposed by the protestant, and the other member
and his substitute by the protestee.

The revision of the ballots by the Committee on revision shall be made in the office of the Clerk of Court or at such
other place as may be designated by it, but in every case under the Court's strict supervision.

The revision of the ballots shall be completed within twenty (20) days from the date of the order, unless otherwise
directed by the Court, subject to the time limits prescribed under Sec. 11 and Sec. 17 of this Rule.

Section 14. Book of Voters as Evidence. - The book of voters shall be conclusive evidence in regard to the question as
to who has the right to vote in said election.

Section 15. Report of the Committee on Revision. - The committee on revision shall make a statement of the condition
in which the ballot boxes and their contents were found upon the opening of the same, classify the ballots so examined,
and set forth clearly any objection that may have been offered to each ballot in the report to be submitted by it.
Disputed ballots shall be numbered consecutively for purposes of identification in the presence and under the direction
of the official designated by the Court. After examination, the ballots and other election documents shall be returned to
their respective boxes, but disputed ballots shall be placed in a separate envelope duly sealed and signed by the
members of the committee, after which said envelope shall then be returned to the box. Thereafter, the boxes shall be
locked. For purposes of making the report which shall be submitted in twelve (12) legible copies, the form prescribed
by the Commission shall be followed.

Section 16. Prohibited Access. - During the revision of ballots no person other than the Judge, the Clerk of Court,
members of the committee on revision of ballots, the parties, their duly authorized representatives shall have access to
the place where said revision is taking place.

Section 17. Decision on the Contest. - The Court shall decide the election contest within thirty (30) days from the date
it is submitted for decision, but in every case within six (6) months after its filing and shall declare who among the
parties has been elected, or in a proper case, the none of them has been legally elected. The party who in the judgment
has been declared elected shall have the right to assume the office as soon as the judgment becomes final.

In case the Court finds that the protestant, protestee or intervenor shall have an equal or highest number of votes, it
shall order the drawing of lots by those who have tied and shall proclaim as elected the party who may be favored by
luck, and the party so proclaimed shall have the right to assume office in the same manner as if he had been elected by
plurality vote.

Section 18. Damages and Attorney's Fees in Election Contests. - In all election contests, the court may adjudicate
damages and attorney's fee as it may deem just and as established by the evidence if the aggrieved party has included
such claims in his pleadings.

Section 19. Promulgation and Finality of Decision. - The decision of the Court shall be promulgated on a date set by it
of which due notice must be given the parties. It shall become final five (5) days after its promulgation. No motion for
reconsideration shall be entertained.

Section 20. Notice of Final Decision. - As soon as decision declaring the election of the winner becomes final, notice
thereof shall be sent to the Commission on Elections, the Department of Local Government and the Commission on
Audit. If the decision be that none of the parties has been legally elected, the Clerk of Court shall certify such decision
to the President of the Philippines and to the Commission on Elections.

Section 21. Appeal. - From any decision rendered by the court the aggrieved party may appeal to the Commission on
Elections within five (5) days after the promulgation of the decision.

Section 22. Preferential Disposition of Contests. - The courts shall give preference to election contests over all other
cases, except those of habeas corpus.

Rule 36 - Quo Warranto Case Before Courts of General Jurisdiction

Section 1. Filing of Petition. - A voter contesting the election of any municipal official on the ground of ineligibility or
disloyalty to the Republic of the Philippines may file a petition for quo warranto with the appropriate Regional Trial
Court.

Section 2. Designation of Parties. - The party filing the petition shall be referred to as the Petitioner and the party
against whom it is filed shall be known as the Respondent.

Section 3. Period Within Which to File the Petition. - The petition shall be filed within ten (10) days after the
proclamation of the results of the election.
Section 4. Petition to be Verified. - The petition shall be verified by the party filing it or by his attorney. Any
subsequent pleading based on facts which ought to be proved shall likewise be verified.

Section 5. Filing Fee. - No petition for quo warranto shall be given due course without the payment of a filing fee in
the amount of Three Hundred Pesos (P300.00) and the legal research fee as required by law.

Section 6. Summons. - It shall be the duty of the Clerk of Court to serve notice and a copy of the petition by means of
summons upon each respondent within five (5) days after the filing of the petition.

Section 7. Answer. - Within five (5) days from receipt of the notice and a copy of the petition, the respondent shall file
his verified answer to the petition.

Section 8. Substantial and Formal Amendments of Pleadings. - The provision of Section 8 of Rule 35 of these Rules
shall apply in respect to amendments of pleadings.

Section 9. Immediate Hearing; Presentation and Reception of Evidence. - Upon the joinder of issues, the Clerk of
Court shall immediately set the case for hearing.

The presentation and reception of evidence shall be made in the manner prescribed in Section 2 Rule 17 of these Rules.

Section 10. Termination of Hearing. - The hearing shall be completed within thirty (30) days from the date of the filing
of the petition.

Section 11. Decision. - The court shall decide the case within thirty (30) days from the date it is submitted for decision,
but in every case within six (6) months after its filing.

Section 12. Promulgation and Finality of the Decision. - The decision of the court shall be promulgated on a date set
by it of which due notice must be given the parties. It shall become final five (5) days after its promulgation.

No motion for reconsideration shall be entertained.

Section 13. Notice of Final Decision. - As soon as a decision becomes final, notice thereof shall be sent to the
Commission on Elections, and the Department of Local Government. If the decision is adverse to the respondent,
notice shall likewise be sent to the Commission on Audit.

Section 14. Appeal. - From any decision rendered by the court, the aggrieved party may appeal to the Commission on
Elections, without five (5) days after the promulgation of the decision.

Section 15. Preferential Disposition of Quo Warranto Cases. - The courts shall give preference to quo warranto over
all other cases, except those of habeas corpus.

PART VII
ELEVATION OF DECISIONS TO THE SUPREME COURT

Rule 37 - Review of Decisions of the Commission

Section 1. Petition for Certiorari; and Time to File. - Unless otherwise provided by law, or by any specific provisions
in these Rules, any decision, order or ruling of the Commission may be brought to the Supreme Court on certiorari by
the aggrieved party within thirty (30) days from its promulgation.

Section 2. Non-reviewable Decisions. - Decisions in appeals from courts of general or limited jurisdiction in election
cases relating to the elections, returns, and qualifications of municipal and barangay officials are not appealable.

Section 3. Decisions Final After Five Days. - Decisions in pre-proclamation cases and petitions to deny due course to
or cancel certificates of candidacy, to declare a candidate as nuisance candidate or to disqualify a candidate, and to
postpone or suspend elections shall become final and executory after the lapse of five (5) days from their promulgation,
unless restrained by the Supreme Court.

PART VIII
GENERAL PROVISIONS

Rule 38 - Clerk of Court and Deputy Clerk of Court of the Commission

Section 1. Clerk of Court. - (a) In Special Actions, Special Cases and Special Proceedings, the Director of the Law
Department or his duly authorized representative shall serve as the Clerk of Court of the Commission.

(b) In ordinary Actions, and in Special Reliefs, the Director of the Electoral Contests Adjudication Department
shall serve as the Clerk of Court of the Commission.
Section 2. Duties of the Clerks of Court. - The Clerks of Court of the Commission shall, subject to the supervision of
the Chairman of the Commission, manage for the Commission the proper hearing and disposition of all cases within
their respective area of responsibility as stated in Section 1 hereof. Each shall:

(a) Receive all pleadings and other documents properly presented, endorsing on each such document the date
when it was filed, and furnishing each Member a copy thereof;

(b) Keep a judicial docket wherein shall be entered in chronological order the cases and the proceedings had
thereon;

(c) Prepare the calendar of cases;

(d) Attend sessions of the Commission and enter in a minute book all proceedings therein;

(e) Issue under his signature and the office seal, notices, orders and decisions which are to be given due course,
furnishing each Member copies thereof;

(f) Execute orders, resolutions, decisions and processes issued by the Commission;

(g) Keep a judgment book containing a copy of judgments rendered by the Commission in the order of their
dates, and a book of entries of judgments containing at length in chronological order entries of all final
judgments or orders of the Commission;

(h) Keep an account of the funds received and disbursed relative to the cases when so directed;

(i) Keep and secure all records, papers, files, exhibits, the office seal and other public property committed to
his charge;

(j) Perform such other duties as are prescribed by law for clerks of superior courts; and

(k) Keep such books and perform such duties as the Commission may direct.

Section 3. Deputy Clerks of Court. - (a) The Assistant Director of the Law Department shall serve as Deputy Clerk of
Court in all cases where the Director of said Department acts as the Clerk of Court of the Commission.

(b) The Assistant Director of the Electoral Contests Adjudication Department shall serve as the Deputy Clerk
of Court in all cases where the Director of said Department acts as the Clerk of Court of the Commission.

Section 4. Duties of Deputy Clerks of Court. - The Deputy Clerks of Court shall assist their respective Clerks of Court
and shall perform such other duties and functions as may be assigned to them by their respective Clerks of Court.

Section 5. Division Clerks of Courts. - Each Division shall have a Division Clerk of Court who must be a ranking
lawyer from either the Law Department or the Electoral Contests Adjudication Department and designated by the
Commission upon the joint recommendation of the Directors of said departments.

Section 6. Duties of the Division Clerks of Court. - A Division Clerk of Court shall:

(a) Attend the hearings of sessions of his Division;

(b) Coordinate in the preparation of the calendar of cases;

(c) Call the cases in the calendar during sessions or hearings;

(d) Supervise the stenographers;

(e) Administer oaths to witnesses;

(f) Mark exhibits of the parties, indicating therein the date and affixing thereto his signature;

(g) Be responsible to the Clerk of Court of the Commission for the safety and security of the records of cases
and other documents entrusted to him during sessions or hearings; and

(h) Perform such duties as may be assigned by the Presiding Commissioner or by the Clerk of Court
concerned.

Section 7. Stenographers. - Every session or hearing of the Commission, whether en banc or in Division, shall be
attended by at least two (2) competent stenographers.
Section 8. Duties of Stenographers. - It shall be the duty of the stenographers to:

(a) Record faithfully in stenographic notes the proceedings during the session or hearing of the Commission en
banc or of the Division;

(b) At the close of every hearing or session, to deliver immediately the stenographic notes he has taken to the
Clerk of Court or Division Clerk of Court who shall initial all the pages thereof and who shall stamp the date
of receipt thereon, and when such notes are transcribed, the transcript shall likewise be delivered to the Clerk
of Court who shall initial each page thereof. It shall be the duty of the Clerk of Court to demand that the
stenographer comply with said task;

(c) Transcribe the notes, upon demand of the Commission or the Division, or by any of the parties, subject to
the payment of the prescribed fees; and

(d) Perform such other duties as the Commission may prescribe.

Section 9. Security. - At any session or hearing of the Commission or any of its Divisions, the Executive Director thru
the Assistant Director for Administration, shall provide adequate security for and in the session hall and its premises.

Section 10. Support Staff. - The Commission or any of the Divisions may require other employees of the Commission
to assist the Commission or the Divisions during its session or hearing or in the performance of its duties. They shall be
under the supervision of the Clerk of Court concerned.

Rule 39 - Seal of the Commission

Section 1. Custodian of the Seal. - The Secretary of the Commission, the Director of the Law Department and the
Director of the Electoral Contests Adjudication Department shall each keep a seal of the Commission.

Section 2. Use of the Seal. - The seal of the Commission shall be affixed to all decisions, orders, rulings or resolutions
of the Commission or any of its Divisions, certified copies of official records, and such other documents which the
Commission may require to be sealed.

Rule 40 - Fees and Charges

Section 1. Filing Fees for Election Contests and Quo Warranto. - (a) The filing fees for election contests and quo
warranto cases and petitions for certiorari, prohibition or mandamus filed with the Commission are hereby prescribed
as follows:

(1) Election protests and quo warranto cases P500.00 for each interest;

(2) Counter-protest or protest-in-intervention P500.00.

Each interest mentioned above shall pay an additional amount of P10.00 as legal research fee in accordance
with the provisions of Sec. 4, Republic Act No. 3870, as amended by Presidential Decree No. 200 and
Presidential Decree No. 1856.

(b) Cash deposits. - In any protest or counter-protest or protest-in-intervention not requiring ballot revision, the
following cash deposits shall be paid by the interested party;

(1) For each election contest ..... P1,000.00;

(2) For each counter-protest or protest-in-intervention P1,000.00.

(c) In any protest, counter-protest or protest-in-intervention requiring ballot revision the following cash
deposits shall be paid by the interested party:

(1) For each election contest ..... P5,000.00;

(2) For each counter-protest or protest-in-intervention P5,000.00.

The cash deposits prescribed above shall be applied to the payment of all expenses incidental to such protest,
counter-protest or protest-in-intervention. When circumstances so demand, additional cash deposits may be
required. Any unused balance thereof shall be returned to the protestant, counter-protestant or protestant-
intervenor, as the case may be.

(d) In case of revision of ballots, there shall be deposited the sum of P350.00 for every ballot box for the
compensation of the revisors at the rate of P100.00 each and as reserve for expenses.
 (e) If a claim for damages and attorney's fees are set forth in a protest, counter-protest or protest-in-
intervention, an additional filing fee shall be paid at the rate of P300.00 for the first one hundred fifty thousand
pesos and P4.00 for every one thousand pesos over the first P150.000.00

Section 2. Filing Fees in Special Actions and Special Proceedings. - (a) The petitioner in any Special Action or Special
Proceeding shall pay a filing fee of P500.00.

(b) In every such a case, a legal research fee of P10.00 pursuant to Sec. 4 of Republic Act No. 3870, as
amended, shall be paid.

(c) In petition for registration of political parties, organizations or coalition of political parties, there shall be
paid an additional sum of P1,000.00 for the certificate of registration.

Section 3. Appeal Fees. - The appellant in election cases shall pay an appeal fee as follows:

(a) Election cases appealed from Regional Trial Courts P1,000.00.

(b) Election cases appealed from courts of limited jurisdiction .... P500.00.

In every case, a legal research fee of P20.00 shall be paid by the appellant in accordance with Sec. 4, Republic Act No.
3870, as amended.

Section 4. Where and When to Pay. - The fees prescribed in Sections 1, 2 and 3 hereof shall be paid to, and deposited
with, the Cash Division of the Commission within a period to file the notice of appeal.

Section 5. Filing Fees in Special Cases. - (a) In special Cases the petitioner shall pay a filing fee of P500.00.

(b) In such cases there shall be imposed an amount of P10.00 as legal research fee in accordance with Sec. 4,
Republic Act No. 3870, as amended.

(c) Cash Deposit - If in a Special Case a recount of the ballots is required, the Commission or the Division to
which the case is assigned, shall order the interested party to make a cash deposit of P2,000.00 with the Cash
Division, Administrative Services Department of the Commission, within a period to be fixed in the order. This
amount shall be applied to all expenses incidental to the controversy. When circumstances so demand,
additional cash deposits may be required.

Whenever applicable, the revisor's fees fixed on Section 1 (c) above shall be deposited with the Cash Division,
Administrative Services Department of the Commission by the party concerned.

Section 6. Legal and Administrative Fees, Service Charges and Costs. - The legal fees, service charges and costs
prescribed herein are hereby authorized to be charged and/or collected by the Commissioner for the service, action or
proceeding hereinafter mentioned.

Section 7. Legal Fees. - The following legal fees shall be charged and collected:

(a) For furnishing certified transcripts of records of copies on any record, decision, ruling or entry of which any
person is entitled to demand and receive a copy, per page.... P5.00;

(b) For every certificate not on process, first ten (10) pages.... P50.00 succeeding, per page.... P1.00;

(c) For every search of any record (per page) and reading the same .... P10.00;

(d) For every search of any record (per page) pertaining to election cases and reading the same .... P20.00

(e) For copying (photo or xerox) of any list, document or record using machines of requesting parties, per
page.... P0.50

(f) For filing of a motion for reconsideration on a decision, order or resolution.... P300.00

(g) For copying (xerox) of any list, document or records, using the machines and materials of the Commission,
per page.... P1.50

(h) For every issuance of a duplicate voter's identification card. ..... P10.00

The fees and charges prescribed herein shall be reduced by fifty percent (50%) if the purpose of the request is for
academic research work.
The department/office which is the legal custodian of the document/record requested shall be responsible for the
copying (xeroxing) thereof and shall certify that it is a coy of the official records of the Commission, and shall affix
thereto the seal of the Commission.

No certified copy of any official record of the Commission shall be issued without the payment of the corresponding
fees.

Section 8. Where Fees are to be Paid. - The fees herein before provided shall be paid by the party concerned to the
Cash Division, Administrative Service Department of the Commission, at the time of request or demand. If the fees are
not paid, the Commission may refuse to take action thereon until they are paid.

Section 9. Fees for Bailiffs, Sheriffs, and Other Persons Serving Process. - (a) For executing any process of the
Commission, for each kilometer of travel in the service of process, reckoned from the place of service to the place to
which the process is returnable, P1.00, but if the process is executed by a municipal deputy sheriff residing in the
municipality where the party served is residing such officer shall receive the fees for the service of process without
kilometrage, provided that the party requiring the process shall deposit with the Commission at the time of request the
estimated cost of expenses for kilometrage and per diems to be incurred by the Sheriff but more than P1,000.00.

(b) For serving summons and a copy of petition furnished by the petitioner for each respondent, P20.00 but
when the respondents reside at the same place, the fee shall be P10.00 for each respondent; and

(c) For serving subpoenas, for each witness served, P5.00 besides travel fees.

Section 10. Fees for Stenographers. - Stenographers shall give certified transcript of notes taken by them to every
person requesting the same upon payment of (a) P2.00 for each page of not less than two hundred and fifty words
before the case is brought to the Supreme Court on certiorari, and (b) P1.00 for the same page, thereafter.

Section 11. Witness' Fees. - Witnesses in any action in the Commission shall be entitled to P20.00 per day and P1.00
for each kilometer of travel in going to the place of hearing and coming from their homes within the Philippines by the
nearest route of usual travel, or in lieu of said mileage, actual travel expenses by the cheapest means of transportation.

A witness shall not be allowed compensation for his attendance in more than one case or more than one side of the
same case at the same time, but may elect in which of several cases or on which side of a case, if witness is summoned
by both sides, to claim his attendance. A person who is compelled to attend the hearing on other business of the
Commission shall not be paid as witness.

Section 12. Costs. - Costs shall be allowed to the prevailing party as a matter of course, but the Commission shall have
the power, for special reasons, to adjudge the either party shall pay the costs of an action, or that the same be divided,
as maybe equitable. No costs shall be allowed against the Republic of the Philippines unless otherwise provided by
law.

Section 13. Costs in Action or Processing. - In an action or proceeding before the Commission, the prevailing party
may recover the following cost:

(a) For his own attendance, and that of his attorney, down to and including final judgment, one hundred peso
(P100.00);

(b) All lawful fees charged against him by the Commission, in entering and docketing the action and recording
the proceedings and judgment therein and for the issuing of all processes;

(c) If testimony is received in the Commission, not taken in another court and transmitted thereto, the
prevailing party shall be allowed the same costs for witness fees, depositions, and process and service thereof
as he would have been allowed for such items had the testimony been introduced in the lower courts; and

(d) The lawful fees of a commissioner in any action may also be taxed against the defeated party, or
apportioned as justice requires.

Section 14. When Action or Appeal Dismissed. - If an action or an appeal is dismissed for want of jurisdiction or
otherwise, the Commission nevertheless shall have the power to render judgment for costs, as justice may require.

Section 15. Costs When Action or Appeal Frivolous. - When an action or an appeal is found to be frivolous, double or
treble costs may be imposed on the petitioner or appellant, which shall be paid by his attorney, if so ordered by the
Commission.

Section 16. Attorney's Fees as Costs. - No Attorney's fees shall be taxed as costs against the adverse party, except as
provided by the Civil Code. But this section shall have no relation to the fees to be charged by an attorney as against
his client.
Section 17. Costs When Witness Fails to Appear. - If a witness fails to appear at the time and place specified in the
subpoena issued by the Commission, the costs of the warrant of arrest of the witness shall be paid by the witness if the
Commission shall determine that his failure to answer the subpoena was willful or without just excuse.

Section 18. Non-payment of Prescribed Fees. - If the fees above prescribed are not paid, the Commission may refuse to
take action thereon until they are paid and may dismiss the action or the proceeding.

Section 19. Government Exempt. - The Republic of the Philippines is exempt from paying the legal fees provided in
this resolution.

Section 20. Collection and Remittances of Legal Research Fee. - The amount collected as legal research fee shall be
receipted for as "Legal Research Fund" and shall be immediately remitted to the University of the Philippines.

PART IX
CONCLUDING PROVISIONS

Rule 41 - Supplementary Rules

Section 1. The Rules of Court. - In the absence of any applicable provisions in these Rules, the pertinent provisions of
the Rules of Court in the Philippines shall be applicable by analogy or in suppletory character and effect.

Rule 42 - Repealing Clause and Effectivity

Section 1. Repealing Clause. - All resolutions, rules, regulations or circulars of the Commission or parts thereof which
are inconsistent with any provision of these Rules are hereby deemed repealed or modified accordingly.

Section 2. Transitory Provision. - These rules shall govern all cases brought after they take effect and also further
proceedings in cases than pending, except to the extent that in the opinion of the Commission or the court in
appropriate cases, an application would not be feasible or would work injustice, in which event the former procedure
shall apply.

Section 3. Separability Clause. - If any part of these Rules is declared unconstitutional, the remaining part not affected
thereby shall remain valid and effective.

Section 4. Effectivity. - These Rules shall be published in the Official Gazette or in two (2) daily newspapers of general
circulation and shall take effect on the seventh day following its publication.

Approved: February 15, 1993

D.

E. Rules of the Presidential Electoral Tribunal

F. Rules of the Senate/House of Representatives Electoral Tribunal

G. SC Rules of Procedure for Election Contest Involving Municipal Officials; SC AO 54-2007 and Rules of Court
(suppletory to the specific rules adopted by electoral tribunals)

I. GENERAL PRINCIPLES

% Suffrage, Election Defined

% Theories on Suffrage

% Theory prevailing in the Philippines

% System of Election adopted in the Philippines

% Constitutional Mandate of Congress Sec. 2, Art. V Phil. Constitution

This law, as amended, repealed PD 1296- Election Code of 1978. PD 1296 repealed RA 6388 Election Code of 1971.
RA 6388 repealed RA 180- The Revised Election Code.

02. RA 9225 Citizenship Retention and Re-acquisition Act of 2003

. 03 RA 9189 The Overseas Absentee Voting Act of 2003

. 04 RA 9165 Comprehensive Dangerous Drugs Act of 2002

05. RA 9006 Fair Election Act, Amending RA 6646 (February 13,

II. THE COMMISSION ON ELECTIONS (COMELEC)

1. Composition, Qualifications, Appointment, Term of Office 1.1 Composition Sec. 1(1) Art. IX-C1.2 Qualifications

o Cayetano vs. Monsod, 201SCRA 210 1.3 Appointment

o Brillantes vs. Yorac, 192SCRA358 o Gaminde vs COA, 347 SCRA 655o Matibag vs Benipayo, 380 SCRA 49

1.4 Term of Office1.5 Disabilities/Inhibitions/Disqualifications1.6 Safeguards to insure the independence of the

COMELEC

2. En Banc and Divisions Cases, Decisions, Rules2.1 En Banc and Divisions Cases Sec. 3, Art. IX-C

N N Sarmiento vs COMELEC, 212 SCRA 307

N N Zarate vs COMELEC, 318 SCRA 608

N N Baytan vs COMELEC, 396 SCRA 703

N N Milla vs Balmores-Laxa, 408 SCRA 679

N N Repol vs COMELEC 428 SCRA 321

N N Sandoval vs COMELEC, 323 SCRA 403

N N Soller vs COMELEC, 339 SCRA 685

N N Garvida vs Sales 271 SCRA 764

N N Torres vs COMELEC, 270 SCRA 583

N N Faelnar vs COMELEC, 331 SCRA 429

N N Kho vs COMELEC, 279 SCRA 463

N N Mutilan vs COMELEC GR No. 1712248, April 2, 2007 2.2 Decisions

N N Cua vs COMELEC, 156 SCRA 587

N N Estrella vs COMELEC, 428 SCRA 789

N N Dumayas Jr. vs COMELEC 357 SCRA 358

N N Ambil vs COMELEC 344 SCRA 358 2.3 Rules concerning pleadings and practice Sec 6 Art IX-A &

Sec. 5(5) Art VIII PC

N Pangarungan vs COMELEC, 216 SCRA 522

3. Constitutional Powers and Functionsa. Enforce and administer laws relative to conduct of elections.

N N Gallardo vs Judge Tabamo, 218 SCRA 253

N N Cayetano vs COMELEC, 479 SCRA 513

N N Buac vs COMELEC, 421 SCRA 92 b. Decide elections contests involving regional, provincial and city
officials

N N Flores vs COMELEC, 184 SCRA 484

N N Mercado vs BES, 243 SCRA 422

N N Veloria vs COMELEC, 211 SCRA 907

N N Beso vs Aballe, 326 SCRA 100

N N Antonio vs COMELEC, 315 SCRA 62

N N Marquez vs COMELEC, 313 SCRA 103

N N Carlos vs COMELEC, 346 SCRA 571 N

c. Decide all questions affecting elections

N N Filipinas Engg vs Ferrer, 135 SCRA 25

N N Nacionalista Party vs COMELEC, 84 Phil 49

N N Alunan vs Mirasol, 276 SCRA 501

d. Deputize law enforcement agencies with the concurrence of the President People vs Basilla, 179 SCRA 87

e. Register political parties and accredit its citizens arms

f. File petitions for inclusion and exclusions; investigate and prosecute violation of election laws

g. Recommend to Congress measures to improve election laws

h. Recommend the imposition of disciplinary action upon an employee it has deputized for violation of its order.

N Tan vs COMELEC, 237 SCRA 353

i. Regulation of public entities and media Sec. 4, Art. IX-C

N Sanidad vs COMELEC, 181 SCRA 529

N NPC vs COMELEC, 207 SCRA 1

N Adiong vs COMELEC, 207 SCRA 12

N Osmea vs COMELEC, 288 SCRA 447

N TELEBAP vs COMELEC, 289 SCRA 337

N ABS-CBN vs COMELEC, 323 SCRA 811

j. Make minor adjustments of the apportionment of legislative districts. (Sec 2, Ordinance appended to the Constitution)

N Montejo vs COMELEC, 242 SCRA 415

k. Adjust the apportionment in case of creation of new provinces or cities. (Sec. 3, Ordinance appended to the
Constitution)

l. Pardon, etc., of violators of election laws.

m. Promulgate rules of procedure concerning pleadings and practice before it or any of its offices. (Sec. 6, Art IX-C)

n. Submit report on how a previous elections was conducted.

4. Statutory Powers Secs 2, 52& 57, BP 881; EO 292 (Admin Code of the Phils)

a. Power to declare failure of election and call for special election

b. Exclusive original jurisdiction over all controversies Sec. 242, BP 881

c. Issue writs of certiorari, prohibition

N Beso vs Aballe, 326 SCRA 100

pre-proclamation

N N Carlos vs Angeles, 346 SCRA 571

N N Relampagos vs Cumba

N N Edding vs COMELEC 246 SCRA 502

d. Summons parties to a controversy pending before it

e. Enforce and execute its decisions and orders

f. Punish contempts provided for in the Rules of Courts.

N Masangcay vs COMELEC. 6 SCRA 27

N Dimaporo vs Dumarpa, 177 SCRA 478

g. Promulgate rules and regulations implementing the Election Code.

h. Exercise direct and immediate supervision and control over officials required to perform duties relative to the conduct
of election.

i. Prescribe forms to be used in the election.

j. Procure any supplies, equipment, materials or services needed for the holding of election

k. Carry out continuing and systematic campaign to educate the

public about elections

l. Prescribe the use or adoption of the latest technological and electronic devices Section 52 (i) BP 881 and Section. 6,
RA 8436

m. Fix other reasonable periods for certain pre-election requirements such as registration of voters

n. Enlist non-partisan groups to assist.

5. Judicial Review of Decisionso Reyes vs RTC of Oriental Mindoro, 244 SCRA 41 o Guerrero vs COMELEC, 336
SCRA 458o Torres vs COMELEC, 270 SCRA 583o Ambil vs COMELEC, 344 SCRA 358o Salva vs COMELEC, 340
SCRA 506o Chavez vs COMELEC, 221 SCRA 315