ELECTION CODE

• Number: Commonwealth Act No. 357
• Sections: 186

Section 1 Election governed by this Code.

SECTION 1. Election governed by this Code. — All elections of public officers by the people and all votings in connection with plebiscites shall be conducted in conformity with the provisions of this Code.

Section 2 Supervision of elections.

SEC. 2. Supervision of elections. — The Secretary of the Interior 1 shall have immediate supervision over provincial, municipal and city authorities in the performance of their ministerial duties relative to elections, may suspend and, with the previous approval of the President of the Philippines, remove recalcitrant officers and appoint temporary substitutes, request the aid of the Solicitor-General, of the fiscals, and of peace officers, and designate as his deputy any of them to secure an orderly, free and honest election.

Section 3 Regular elections for national offices.

SEC. 3. Regular elections for national offices. — (a) On the second Tuesday in November, nineteen hundred and forty-one, and upon the same day every six years thereafter, the President and the Vice-President of the Philippines shall be elected. The canvass by the National Assembly shall begin on the second Tuesday in the following December, for which purpose said body shall meet in a special session. The President and the Vice-President elect shall assume office at twelve o'clock noon on the thirtieth of said month.

(b) On the second Tuesday in November, nineteen hundred and thirty-eight and upon the same day every three years thereafter, a regular election shall be held to elect the Members of the National Assembly. The term of office of those elected shall commence on the fifteenth day of the same month and terminate three years thereafter.

Section 4 Regular elections for provincial and municipal offices.

SEC. 4. Regular elections for provincial and municipal offices. — On the second Tuesday in December, nineteen hundred and forty, and upon the same day every three years thereafter, a regular election shall be held to elect the officers who are to occupy all elective provincial, municipal and city offices throughout the Philippines. The officers elected shall assume office on the first day of January next following.

Section 5 Postponement of election.

SEC. 5. Postponement of election. — When for any serious cause the holding of an election should become impossible in any political division or subdivision, the President shall postpone the election therein for such time as he may deem necessary.

Section 6 Designation of other dates for certain pre-election acts.

SEC. 6. Designation of other dates for certain pre-election acts. — If, on account of insurmountable difficulties, the division into election precincts, the designation of polling places, the appointment of election inspectors and pool clerks, or the registration of voters should not be effected in any place on the dates herein fixed, the Secretary of the Interior 1 may, with the approval of the President, fix another date so that the omission may be remedied and such place may not be deprived of the right of suffrage.

Section 7 Filling of elective offices in a new political division.

SEC. 7. Filling of elective offices in a new political division. — When a new political division is created the inhabitants of which are entitled to participate in the elections, the elective officers thereof shall, unless otherwise provided, be chosen at the next regular election. In the interim such offices shall, in the discretion of the President, be filled by appointment by him or by a special election which he may order. In the absence of a municipal council, the provincial board shall perform the duties of the former with respect to the first election in the new political division.

Section 8 Application of Code in cities.

SEC. 8. Application of Code in cities. —The terms "province" or "municipality," "municipal council," "provincial government," "municipal treasurer," "municipal secretary" and "provincial officers" or "municipal officers," as used in this Code, shall be understood in chartered cities, to refer respectively to the city, the municipal board, the city government, the city treasurer, the city secretary, and the city officers, and, unless the context shows a different meaning, the duties of the provincial board, the provincial governor, and the provincial treasurer relative to elections shall be performed in said cities by their municipal board, mayor, and treasurer, respectively.

Section 9 Participation of municipal districts in the elections.

SEC. 9. Participation of municipal districts in the elections. — The voters in the municipal districts shall be entitled to vote at the election of elective national and provincial officers. The municipal district councils shall perform the duties of municipal councils in connection with the holding of elections.

Section 10 Elections in outlying unorganized communities.

SEC. 10. Elections in outlying unorganized communities. — Outlying barrios or districts not forming part of a municipality or municipal district shall, for election purposes only, so that their qualified voters may exercise the right of suffrage, be considered a part of the municipality or municipal district to which they are contiguous or to which they are most conveniently accessible, as may be determined by the provincial board.

Section 11 Voters confined in leprosaria.

SEC. 11. Voters confined in leprosaria. — Patients confined in leprosaria shall exercise the right of suffrage in the municipality where they lawfully resided immediately before they were taken to said leprosaria, and, for that purpose, every elector not yet registered in the existing permanent list shall accomplish the voter's affidavit, in quadruplicate, before the justice of the peace of the municipality where the leprosarium is located, on the days set by law for registration, and for this purpose said justice of the peace shall be at the leprosarium at seven o'clock in the morning and remain therein until the last elector desiring to register has accomplished the voter's affidavit. The justice of the peace shall prepare a list of these affidavits and send a certified copy of the portion thereof corresponding to each municipality to the board of election inspectors of the only election precinct or precinct No. 1 of the aforesaid municipality, to the register of deeds of the province comprising the same, and to the Department of the Interior, 1 together with copies of the affidavits of the voters concerned, and said officers shall enter in the list of voters of the respective precinct the names of said voters and such entry shall have the same force and effect as if the said voters had personally appeared before the board of inspectors of the said precinct. All questions regarding the inclusion and exclusion of these voters shall be decided within the time limits by law by the justice of the peace of the municipality where the leprosarium is located.

Section 12 Voting in the leprosaria.

SEC. 12. Voting in the leprosaria. — On the day of the voting, said voters shall vote in the leprosarium before the justice of the peace, for which purpose said officer shall be at the leprosarium at seven o'clock in the morning of that day to receive the votes of the voters of the same, and at two o'clock in the afternoon or as soon as the voters who desire to vote have finished voting, shall make a canvass and prepare a statement of the result thereof, transmitting such result by telegraph, at six o'clock in the evening of the day of the voting, or as soon after the canvass as possible, to the municipal treasurer of the corresponding municipality, to the provincial treasurer and to the Secretary of the Interior, 1 so that it may be included in the final computation of the votes, and at the same time he shall send to said officers certified copies of the statement by rush and registered mail.

The municipal treasurer shall immediately transmit a certified copy of the telegram to the only election precinct or precinct No. 1 of the municipality, and the board of inspectors shall include in its canvass the votes set forth in the telegram, provided the same is received by the board before the result of the canvass is proclaimed.

In the leprosaria where there are more than two hundred and fifty voters, the justice of the peace shall form as many polling places as may be necessary so that in each of them not more than two hundred and fifty voters may cast their votes, and shall designate which they are named in the Administrative Code, shall perform the duties herein entrusted to the justice of the peace.

Section 13 Right of suffrage incident to territorial changes.

Section13. Right of suffrage incident to territorial changes. — When a territory is merged with a city, municipality, municipal district or with another province, its inhabitants acquire the right to participate in the election of public officers to the same extent as the inhabitants of the city, municipality, municipal district or province with which it has been merged.

Section 14 Vacancies in the offices of President and Vice-President.

SEC. 14. Vacancies in the offices of President and Vice-President. — When neither the President-elect nor the Vice-President-elect shall have qualified, as provided in section seven, Article VII of the Constitution, or in case of removal, death, resignation or inability, both of the President and Vice-President, as provided in section nine, Article VII of the Constitution, the National Assembly shall immediately convene and elect, by a majority vote of all its Members, the person or officer who shall act as President until the President-elect or the Vice-President-elect shall have qualified, or their disability has been removed, or a President has been elected. The call for the National Assembly to convene as herein provided may be made by the Speaker, or the Secretary of the Assembly, or by five Assemblymen. Pending the election of an Acting President by the National Assembly, one of the Department Heads in the order in which they are named in the Administrative Code, shall perform the duties of Acting President.

In case of permanent vacancy in the offices of President and Vice-President, the National Assembly shall determine by resolution whether or not a special election shall be held to elect a President and a Vice-President, or only a President. In the affirmative case, the date on which the special election is to be held shall be fixed in the resolution and said date shall be stated in the proclamation to be issued in accordance with section seventeen of this Code, which shall be signed by the Acting President. The officers elected shall qualify at twelve o'clock in the morning of the day next following the date of their proclamation by the National Assembly and shall hold office until their successors, elected at the next regular election, shall qualify.

Section 15 Vacancy in the National Assembly.

SEC. 15. Vacancy in the National Assembly. — Whenever a vacancy in the National Assembly occurs ten months before the next regular election of Assemblymen, the President, as soon as he is notified by the National Assembly of the existence of such vacancy, shall call a special election in the district. In case the vacancy is caused by the death of a member against whom there is pending no protest, while the National Assembly is not in session, the certification of the Speaker regarding the vacancy shall be sufficient basis for the resident of the Philippines to call such special election.

Section 16 Vacancy in elective provincial or municipal office.

SEC. 16. Vacancy in elective provincial or municipal office. — (a) Whenever a temporary vacancy in any elective local office occurs, the same shall be filled by appointment by the President if it is a provincial office, and by the provincial governor, with the consent of the provincial board, if it is a municipal office.

(b) Whenever in any elective local office a vacancy occurs as a result of the death, resignation, removal or cessation of the incumbent, the President shall appoint thereto a suitable person belonging to the political party of the officer whom he is to replace, save in the case of a mayor, which shall be filled by the vice-mayor.

(c) Whenever the election for a local office fails to take place on the date fixed by law, or such election results in a failure to elect, the President shall issue as soon as practicable, a proclamation calling a special election to fill said office.

(d) When a local officer-elect dies before assumption of office, or, having been elected provincial or municipal officer, his election is not confirmed by the President for disloyalty; or such officer-elect fails to qualify, for any reason, the President may in his discretion either call a special election or fill the office by appointment.

(e) In case a special election has been called and held and shall have resulted in a failure to elect, the President shall fill the office by appointment.

(f) The person appointed or elected to fill a vacancy in an elective provincial or municipal office shall hold the same for the unexpired term of the office.

Section 17 Call of special elections.

SEC. 17. Call of special elections. — Special elections shall be called by the President by proclamation for a date which shall not be earlier than thirty days nor later than ninety days from the date of the proclamation, which shall specify the offices to be voted for, and whether it is for the purpose of filling a vacancy. The Secretary of the Interior 1 shall send copies of the proclamation, in number sufficient for due distribution and publication, to the provincial treasurer of each province concerned, who in turn shall transmit the necessary copies to the municipal secretaries of the corresponding political division, and the secretaries, in turn, shall publish it in their respective localities, by posting at least three copies thereof in as many conspicuous places in each of their election precincts, and a copy in each of the polling places and public markets, and in the municipal building.

Section 18 Posting and translation of Election Code.

SEC. 18. Posting and translation of Election Code. — A printed copy of the Election Code in English or Spanish and in the national language, and, whenever possible, in the local dialects shall be posted in a conspicuous way in every polling place on all registration and election days, so that it may be readily consulted by any person offering to register or to vote.

The translation of this Code into the national language and into the local dialects shall be made by the Institute of National Language.

Section 19 Expenses of election.

SEC. 19. Expenses of election. — (a) The expenses of an election shall be advanced by the municipal treasurer concerned and shall be charged against the branch of the government for which the election was held, and, if for more than one branch, against the corresponding branches of the government, in equal parts.

(b) The expenses incident to the holding of the first election in a new municipality shall be advanced, as may be necessary, by the province, and such municipality shall reimburse the same upon presentation of the proper bill.

Section 20 Official mail and telegrams regarding elections.

SEC. 20. Official mail and telegrams regarding elections. — Papers connected with the elections required by this Code to be sent by some public officers to others in the performance of their duties shall be free of postage and sent as registered and rush mail. Telegrams of the same nature shall also be sent free of charge.

Section 21 Limitation upon reelection.

SEC. 21. Limitation upon reelection. — A third consecutive reelection to the offices of provincial governor and mayor is hereby prohibited and shall be null and void.

Section 22 Automatic cessation of appointive officers and employees who are candidates.

SEC. 22. Automatic cessation of appointive officers and employees who are candidates. — Every person holding a public appointive office or position shall ipso facto cease in his office or position on the date he files his certificate of candidacy.

Section 23 Disqualification to act on provincial boards and municipal councils.

SEC. 23. Disqualification to act on provincial boards and municipal councils. — Any member of a provincial board or of a municipal council who is a candidate for office in any election, shall be incompetent to act on said body in the performance of the duties thereof relative to said election, and if, for such reason, the number of members should be unduly depleted, the President shall appoint any disinterested voter of the province, municipality or city concerned belonging to the political party of the incompetent member to act in his place on such matters.

Section 24 Disqualification on account of excessive election expenditures.

SEC. 24. Disqualification on account of excessive election expenditures. — Any candidate who, in an action or protest in which he is a party, is declared by final decision of a competent court guilty of having spent in his election campaign more than the total emoluments attached to the office for one year, shall be disqualified from continuing as candidate, or if he has been elected, from holding the office.

Section 25 Ineligibility of officer found disloyal to the Government.

SEC. 25. Ineligibility of officer found disloyal to the Government. — When a special election is called for the purpose of filling a vacancy on account of the non-confirmation by the President of the election of a provincial or municipal officer as a result of a protest on the ground of his disloyalty to the constituted government, said officer shall be ineligible in such election, and his certificate of candidacy shall not be received nor shall the votes cast in his favor be counted.

Section 26 Certificate of candidacy for only one office.

SEC. 26. Certificate of candidacy for only one office. — No person shall be eligible unless, within the time fixed by law, he files a duly sworn certificate of candidacy, nor shall any person be eligible for more than one office to be filled in the same election, and if he files certificates of candidacy for more than one office, he shall not be eligible for any of them.

Section 27 Contents of certificate of candidacy.

SEC. 27. Contents of certificate of candidacy. — The person concerned shall state in his certificate that he announces his candidacy for the office mentioned therein; that he is a resident of the province, city or municipality in which he launches his candidacy; that he is eligible for the office; the name of the political party to which he belongs, if he belongs to any, and his post-office address for all election purposes.

Section 28 Statement of the maternal surname.

SEC. 28. Statement of the maternal surname. — In cases where there are two or more candidates for an office with the same name and surname, each shall state in his certificate of candidacy, in addition to his name, his paternal and maternal surnames, with the exception of the first one of them to hold an elective office, who may continue to use the name and the surname stated in his certificate of candidacy when he was elected.

Section 29 Nicknames.

SEC. 29. Nicknames. — Certificates of candidacy shall not contain nicknames of the candidate.

Section 30 Filing and distribution of certificates of candidacy.

SEC. 30. Filing and distribution of certificates of candidacy. — At least forty days before a regular election, and twenty days at least before a special election, the certificates of candidacy shall be filed with the officer hereinbelow mentioned, together with a number of clearly legible copies equal to four times the number of polling places to which the certificates shall be distributed, as follows:

(a) Those of candidates for national offices, with the Secretary 1 of the Interior, who shall immediately send copies thereof to the Secretary of the National Assembly and to the secretary of the provincial board of each province where the elections are to be held, and the latter officer shall in turn immediately forward copies to all the polling places. The Secretary of the Interior shall communicate the names of said candidates to the Secretary of the provincial board by telegraph. If the certificate of candidacy is sent by mail, it shall be by registered mail, and the date on which the package was deposited in the post-office may be considered as the filing date thereof if confirmed by a telegram or radiogram addressed to the Secretary of the Interior on the same date.

(b) Certificates of candidacy for provincial offices shall be filed with the secretary of the provincial board of the province concerned, who shall immediately send copies thereof to all the polling places of the province and to the Secretary of the Interior.

(c) Certificates of candidacy for municipal offices shall be filed with the municipal secretary, who shall immediately send copies thereof to the polling places concerned, to the secretary of the provincial board, and to the Secretary of the Interior.

Section 31 Ministerial duty of receiving and acknowledging receipt.

SEC. 31. Ministerial duty of receiving and acknowledging receipt. — The Secretary of the Interior, 1 the secretary of the provincial board, and the municipal secretary, in their respective cases, shall have the ministerial duty to receive the certificates of candidacy referred to in the preceding section, and to immediately acknowledge receipt thereof.

Section 32 Candidates in case of death or disqualification of another.

SEC. 32. Candidates in case of death or disqualification of another. — If, after the expiration of the time limit for the filing of certificates of candidacy, a candidate with a certificate of candidacy duly filed should die or become disqualified, any legally qualified citizen may file with either the secretary of the provincial board, or the municipal secretary, without distinction, on or before midday of the day of the election, a certificate of candidacy for the office for which the deceased or disqualified person was a candidate, and if the death or disqualification should occur between the day before the election and the midday of election day, said certificate may be filed with any board of inspectors of the political division where he is a candidate.

Section 33 Definitions.

SEC. 33. Definitions. — In this Code —

(a) The term "political committee" includes any committee, association or organization which accepts contributions or makes expenditures for the purpose of influencing or attempting to influence the election of candidates, whether it be a national or local committee of a political party, or a branch thereof.

(b) The term "contribution" includes a gift, donation, subscription, advance, or deposit of money or anything of value and embraces a contract, promise, or agreement to contribute, whether it be legally enforceable or not.

(c) The term "expenditure" includes the payment or delivery of a contribution, advance, deposit, gift or donation of money or thing of value, and includes a contract, promise, or agreement to make an expenditure whether it be legally enforceable or not.

(d) The term "person" includes an individual, partnership, committee, association, corporation, and any other organization or group of persons.

Section 34 Contribution to political committees.

SEC. 34. Contribution to political committees. — (a) Every political committee shall have a chairman and a treasurer. No contribution shall be accepted and no expenditure made by or on behalf of any political committee, for the purpose of influencing an election, until such chairman and treasurer have been chosen.

(b) It shall be the duty of the treasurer of a political committee to keep a detailed and exact account of (1) all contributions made to or for such committee; (2) the true name and address of each contributor; (3) all expenditures made by or on behalf of such committee, and (4) the name and address of every person to whom any such expenditure is made and the date thereof.

(c) It shall be the duty of the treasurer to obtain and keep a receipted bill stating the particulars of every expenditure exceeding ten pesos in amount made by or on behalf of a political committee. The treasurer shall preserve all receipted bills and accounts required to be kept by this section for a period of at least one year after the holding of the election to which they pertain.

Section 35 Account of contributions received.

SEC. 35. Account of contributions received. — Every person who receives a contribution for a political committee shall, on demand of the treasurer and, in any event within five days after the receipt of such contribution, render to the treasurer a detailed account thereof, including the name and address of the person making such contribution, and the date of its receipt.

Section 36 Filing of statement by treasurer.

SEC. 36. Filing of statement by treasurer. — The treasurer of a political committee shall file with the Secretary of the Interior, 1 within the first ten days of every month, during the six months preceding a general election, or from the time of the publication of the call for any special election, and within the thirty days following the holding of the election, a statement, complete as of the day next preceding the date of filing, of his account of contributions and expenditures, together with the names and addresses of the contributors and persons receiving the expenditures.

Section 37 Statements by candidates.

SEC. 37. Statements by candidates. — Within thirty days after the holding of the election, every candidate for a national office shall file with the Secretary of the National Assembly for reference to the committees and constitutional commissions concerned for such action as the Assembly may deem proper, a statement, complete as of the date next preceding the date of filing, which shall contain (1) a list of the contributions received by him or by another with his knowledge and consent, from whatever source, to help or support his candidacy or to influence the result of his election together with the name and address of the contributor; (2) a statement of the expenditures made by him or by another with his knowledge and consent, in aid or support of his candidacy or for the purpose of influencing the result of the election, together with the name of the person to whom such expenditure was made. Every candidate for a provincial or municipal office shall likewise file a similar statement with the Secretary of the Interior 1 within thirty days after the holding of the election.

Section 38 Statement by other parties.

SEC. 38. Statement by other parties. — Any other persons who, prior to a regular or special election, should receive a contribution or should make an expenditure of one hundred pesos or more for election purposes, but not as a contribution to a political committee, shall file with the Secretary of the Interior a detailed statement of such contribution or expenditure in the same manner as the treasurer of a political committee.

Section 39 Form and preservation of statements.

SEC. 39. Form and preservation of statements. — The statements required by this Code shall be under oath; shall be cumulative during the period prescribed therefor in the election to which they relate, but where there has been no change in an item reported in a previous statement, only the amount thereof need be carried forward; they shall be deemed properly filed on the date of their mailing by registered mail; they shall be kept and shall constitute a part of public records of the Secretary of the National Assembly and of the Secretary of the Interior, and shall be open to public inspection.

Section 40 Prohibited collections of funds.

SEC. 40. Prohibited collections of funds. — It shall be unlawful for any person to hold balls, beauty contests, entertainments or cinematographic, theatrical, or other performances; during two months immediately preceding a regular or special election, for the purpose of raising funds for benefit purposes or for an election campaign or for the support of any candidate.

Section 41 Prohibited contributions.

SEC. 41. Prohibited contributions. — It shall be unlawful for any corporation or entity operating public utility or which is in possession of or is exploiting any natural resource of the nation to contribute or make any expenditure in any election campaign.

Section 42 Limitation upon expenses of candidates.

SEC. 42. Limitation upon expenses of candidates. — No candidate shall spend for his election campaign more than the total amount of the emoluments for one year attached to the office for which he is a candidate.

Section 43 Unlawful expenditures.

SEC. 43. Unlawful expenditures. — It is unlawful for any person to make or offer to make an expenditure, or to cause an expenditure to be made or offered to any person to induce one either to vote or withhold his vote, or to vote for or against any candidate, or any aspirant for the nomination or selection of a candidate of a political party, and it is unlawful for any person to solicit or receive directly or indirectly any expenditure for any of the foregoing considerations.

Section 44 Unlawful electioneering.

SEC. 44. Unlawful electioneering. — During registration and voting days, it is unlawful to solicit votes or undertake any propaganda for or against any candidate or any party within the polling place and within a radius of thirty meters thereof.

Section 45 Prohibition regarding transportation, food, and drinks.

SEC. 45. Prohibition regarding transportation, food, and drinks. — It is unlawful for any candidate, political committee, voter or any other person to give or accept, free of charge, directly or indirectly, transportation, food, or drinks, during a public meeting in favor of any or several candidates and during the three hours before and after such meeting, or on registration days or on the day preceding the voting and on the same day of the voting, or to give or contribute, directly or indirectly, money or things of value for such purposes.

Section 46 Intoxicating liquors — Prohibited stores — Cockpits, boxing, and races.

SEC. 46. Intoxicating liquors — Prohibited stores — Cockpits, boxing, and races. — (a) It is unlawful to sell, furnish, offer or take intoxicating liquors on registration days and on the two days immediately preceding the day of the voting and during the voting and canvass.

(b) It is unlawful to establish in any polling place or within a radius of thirty meters thereof, on the days and hours of registration, voting and canvass, booths of any kind for the sale, dispensing or display of wares, merchandise or refreshments, whether solid or liquid, or for any other purpose.

(c) It is unlawful to hold on any registration or voting days cockfights, boxing, horse races, or any other similar show.

Section 47 Deadly weapons.

SEC. 47. Deadly weapons. — It is unlawful to carry deadly weapons in the polling place and within a radius of thirty meters thereof during the days for registration, voting and canvass. However, in cases of affray, tumult or disorder any peace or public officer authorized to supervise the elections may carry firearms or any other weapon for the purpose of preserving order and enforcing the law.

Section 48 Active intervention of public officers and employees.

SEC. 48. Active intervention of public officers and employees. — No justice, judge, fiscal, treasurer, or assessor of any province, no officer or employee of the Army, the Constabulary or the national, provincial, municipal or rural police, and no classified civil service officer or employee shall aid any candidate, nor exert influence in any manner in any election nor take part therein, except to vote, if entitled thereto, or to preserve public peace, if he is a peace officer.

Section 49 Soliciting contributions from subordinates prohibited.

SEC. 49. Soliciting contributions from subordinates prohibited. — Public officers and employees holding political offices or not belonging to the classified civil service, though they may take part in political and electoral activities, shall, refrain from soliciting contributions from their subordinates for partisan purposes.

Section 50 Active intervention of foreigners.

SEC. 50. Active intervention of foreigners. — It is hereby prohibited for any foreigner to aid any candidate, directly or indirectly, or to take part or to influence in any manner in any election.