ELECTION CODE OF 1971

• Number: Republic Act No. 6388
• Sections: 250

Section 1 Title.

SECTION 1. Title.—This Act shall be known and cited as the Election Code of 1971.

Section 2 Applicability of this Act.

SEC. 2. Applicability of this Act.—All elections of public officers except barrio officials and plebiscites shall be conducted in the manner provided by this Code.

Section 3 Powers of the Commission on Elections.

SEC. 3. Powers of the Commission on Elections.—The Commission on Elections, which hereinafter shall be referred to as the Commission, shall, in addition to the powers and functions conferred upon it by the Constitution, have the following powers and functions:

Direct and immediate supervision and control over national, provincial, city, municipal and municipal district officials required by law to perform duties relative to the conduct of elections on matters pertaining to the enforcement of the provisions of this Code, including members ;of any national or local law enforcement agency and instrumentality of the Government. In addition, it may authorize ROTC cadets eighteen years of age or above to act as its deputies for the same purpose.

The Commission may relieve any officer referred to in the preceding paragraph from the performance of his duties relating to elections who violates the election law or fails to comply with its instructions, orders, decisions or rulings consistent with the provisions of this Act; and appoint his substitute. Upon recommendation of the Commission, the President of the Philippines or the corresponding proper authority, shall suspend or remove from office any or all of such officers who may after due process be found guilty of such violation or failure,

Promulgate rules and regulations implementing the provisions of this Code.

Rules and regulations promulgated by the Commission to implement the provisions of this Act shall take effect on the sixteenth day after publication in at least two daily newspapers of general circulation. Special orders and directives issued pursuant to said rules and regulations shall take effect immediately upon receipt. In case of conflict between rules, regulations, special orders or directives of the Commission in the exercise of its powers granted in this Code and those issued by any other officer or agency of the Government concerning the same matter relative to elections, the former shall prevail.

To enforce and execute its decisions, directives, orders and instructions on any matter affecting the conduct of elections. For this purpose, the same decisions, directives, orders and instructions shall have precedence over those emanating from any other authority except the Supreme Court and those issued in habeas corpus proceedings.

To make changes in the composition, distribution and assignment of its field offices as well as their personnel whenever the interest of free, orderly and honest elections so require: Provided, That such changes shall be effective and enforceable only for the duration of the election period concerned and shall not affect the tenure of office of the incumbents of positions affected and shall not constitute a demotion, either in rank or salary, nor result in a change of status: And provided, further, That in no case shall election supervisors be assigned to a province or registrars to a city, municipality or municipal district, where they are related to any candidate or his spouse within the fourth civil degree of consanguinity or affinity.

To prescribe the use or adoption of the latest technological and electronic devices, taking into account the situation prevailing in the area and the funds available for the purpose.

To carry out a continuing campaign to educate the public and fully inform the electorate on election laws, procedures, decisions, and other matters relative to the work and duties of the Commission and the necessity for clean, free, orderly and honest elections.

Section 4 Election Period.

SEC. 4. Election Period.—The election period for purposes of this Code shall commence on the one hundred fiftieth day before an election involving a public office voted for at large and on the one hundred twentieth day before an election involving any other office and shall end on the day of the election.

Section 5 Organization of the Commission on Elections.

SEC. 5. Organization of the Commission on Elections.—The Commission shall adopt its own rules of procedure. Two members of the Commission shall constitute a quorum. The concurrence of two members shall be necessary for the pronouncement or issuance of a decision, order or ruling.

The Commission shall have an executive officer and such other subordinate officers and employees as may be necessary for the efficient performance of its functions and duties, all of whom shall be appointed by the Commission in accordance with the Civil Service Law and rules.

The executive officer of the Commission, under the direction of the Chairman, shall have charge of the administrative business of the Commission, shall haw the power to administer oaths in connection with all matters involving the business of the Commission, and shall perform such other duties as may be required of him by the Commission.

Section 6 Power of the Commission to investigate and to Hear Controversy and Issue Subpoena.

SEC. 6. Power of the Commission to investigate and to Hear Controversy and Issue Subpoena.—The Commission or any of the members thereof shall, in compliance with the requirement of due process, have the power to summon the parties to a controversy pending before it issue subpoenae and subpoenae duces tecum and otherwise take testimony in any investigation or hearing pending before it, and delegate such power to any officer of the Commission who shall be a member of the Philippine Bar. In case of failure of a witness to attend, the Commission, upon proof of service of the subpoenae to said witness, may issue a warrant to arrest the witness and bring him before the Commission or officer before whom his attendance is required. The Commission shall have the power to punish contempts provided for in the Rules of Court under the same procedure and with the same penalties provided therein. Any controversy submitted to the Commission shall after compliance with the requirements of due process be heard and decided by it within thirty days after submission of the case.

The Commission may, when it so requires, deputize any member of any national or local law enforcement agency and/or instrumentality of the government to execute under its direct and immediate supervision any of its final decisions, orders, instructions or rulings.

Any decision, order or ruling of the Commission on election controversies may be reviewed by the Supreme Court by writ of certiorari in accordance with the Rules of Court or such applicable laws as may be enacted.

Any violation of any final executory decision, order or ruling of the Commission shall constitute contempt thereof.

Section 7 Disqualification of Members of the Commission.

SEC. 7. Disqualification of Members of the Commission.—The Chairman and Members of the Commission shall be subject to the canons of judicial ethics in the discharge of their functions.

No Chairman or member of the Commission shall sit in any case in which he has manifested or harbored bias, prejudice or antagonism against any party thereto and in connection therewith, or in any case in which he would be disqualified under the Rules of Court. If it be claimed that the Chairman or a member of the Commission is disqualified from sitting as above provided, the party objecting to his competency may, in writing, file his objection with the Commission stating the grounds therefor. The official shall continue to participate in the hearing or withdraw therefrom, in accordance with his determination of the question of his disqualification. The decision shall forthwith be made in writing and filed with the other papers in the case, in accordance with the Rules of Court. In the event of disqualification of any member he shall be substituted by a Justice of the Court of Appeals who shall be designated by the Presiding Justice thereof upon request of the Commission.

Section 8 Regular Elections for National Offices.

SEC. 8. Regular Elections for National Offices.— On the second Monday of November, nineteen hundred and seventy-three and on the same day every four years thereafter, the President and the Vice-President of the Phil-pines shall be elected. The President-elect and the Vice-President-elect shall assume office at twelve o'clock noon En the thirtieth day of December.

On the second Monday of November, nineteen hundred and seventy-one, and on the same day every two years thereafter, a regular election shall be held to elect eight Senators. The term of office of those elected shall commence on the thirtieth day of December and terminate pix years thereafter.

On the second Monday of November, nineteen hundred and seventy-three and on the same day every four years thereafter, a regular election shall be held to elect the Members of the House of Representatives. The term of office of those elected shall commence on the thirtieth day of December and terminate four years thereafter.

Section 9 Regular Elections for Provincial, Sub-provincial, City, Municipal and Municipal District Offices.

SEC. 9. Regular Elections for Provincial, Sub-provincial, City, Municipal and Municipal District Offices.— On the second Monday of November, nineteen hundred and seventy-one and on the same day every four years thereafter, a regular election shall be held to elect the officials who will occupy all elective provincial, sub-provincial, city, municipal and municipal district offices throughout the Philippines. After the elections of nineteen hundred and seventy-one, only qualified voters in the municipalities of the province in which they are located can vote for elective officials of the province, except those in cities where the governing body consists of the governor and the provincial board of the province. The officials elected shall assume office on the first day of January next following and shall hold office for four years and until their successors shall have been elected and qualified, unless the provisions of the second paragraph of Section seventeen hereof apply.

Section 10 Postponement of Election.

SEC. 10. 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 a nature that the holding of a free, orderly and honest election should become impossible in any precinct or precincts or political division or subdivision, the Commission, upon a verified petition and after due notice and hearing, shall postpone the election therein for such time as it may deem necessary: Provided, however, That such postponement of the election shall not be effective unless confirmed by the Supreme Court. For this purpose, the Commission shall immediately certify to the Supreme Court its resolution for review, transmitting with it the pertinent records of the proceedings.

Section 11 Failure of Election.

SEC. 11. Failure of Election.— If, on account of force majeure, violence, terrorism, or fraud the election in any precinct or precincts has not been held on the date herein fixed or has been suspended before the hour fixed by law for the closing of the voting and such failure or suspension of election in any precinct or precincts would alter the result of the election for any office to be voted in said election, the Commission may, on the basis of a verified petition and after due notice and hearing, call for the holding or continuation of the election on a date reasonably close to the date of the election not held or suspended: Provided, however, That the holding or continuation of the election on the date fixed by the Commission shall not be effective unless confirmed by the Supreme Court. For this purpose the Commission shall immediately certify to the Supreme Court its resolution for review, transmitting with it the pertinent records of the proceedings.

Section 12 Designation of other dates for certain pre-election acts.

SEC. 12. 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 members of the board of election inspectors, or the registration of voters or other pre-election acts should not be effected in any place on the dates herein fixed, the Commission shall fix another date in order that the omission may be remedied and the voters in such place may not be deprived of the right of suffrage.

Section 13

SEC. 13. Filling of elective offices in newly created or newly classified provinces, sub-provinces, cities, municipalities or municipal districts.—Newly created elective offices and elective offices in any newly created or newly classified Province, sub-province, city, municipality or municipal district shall be filled in the next following regular presidential or local election, as the case may be.

Section 14 Right of suffrage incident to territorial changes.

SEC. 14. Right of suffrage incident to territorial changes.—When a territory is merged with a city, municipality, municipal district or with another province or sub-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 15

SEC. 15. Vacancies in the offices of President and Vice-President—When neither the President-elect nor the Vice-President-elect shall have qualified, or in the event of the removal, death or resignation of both the President v and the Vice-President, or of the inability of both of them to discharge the powers and duties of the office of President, the President of the Senate, or if there be none, or in the event of his removal, death, resignation, or of his inability to act as President, the Speaker of the House of Representatives, or if there be none, or in the event of his removal, death, resignation, or of his inability to act as President, the Senator or Representative elected by the members of the Congress in joint session shall act as President of the Philippines until the President or President-elect or the Vice-President or Vice-President elect shall have qualified, or until their disability shall be removed, or a President shall have been elected and shall have qualified.

In case of permanent vacancy in the offices of President and Vice-President, the Congress shall determine by joint 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 the Commission shall accordingly issue the proclamation in accordance with Section eighteen hereof. The Congress shall convene in special joint session to proclaim the President and Vice-president elected as soon as all the certificates of election returns from the provincial and city boards of canvassers are received by the President of the Senate, but not later than thirty days after election day. The officers elected shall qualify a twelve o'clock in the morning of the day next following the date of their proclamation by the Congress and shall hold office until their successors, elected at the next regular election, shall qualify.

Section 16 Vacancy in the Congress.

SEC. 16. Vacancy in the Congress.—Whenever a vacancy in the Congress occurs at least ten months before the next regular election of the Members of Congress whose office is vacant, the President, as soon as he is notified by the House where the vacancy occurred of the existence of such vacancy, shall call a special election to fill said vacancy. In case the vacancy is caused by the death of a Member against whom there is no pending protest while the Congress is not in session, the certification of the Presiding Officer of the House where the vacancy occurred of the existence of such vacancy shall be sufficient basis for the President of the Philippines to call such special election.

Section 17 Vacancy in elective provincial, sub-provincial, city, municipal or municipal district office.

SEC. 17. Vacancy in elective provincial, sub-provincial, city, municipal or municipal district office.—In case of b permanent vacancy in a provincial, sub-provincial, city, municipal or municipal district office, the officer next in rank shall assume the vacant office for the unexpired term: Provided, That such officer meets all the requirements for the office.

Should the local officer-elect die before assumption of office or fail to qualify, the officer-elect next in rank shall assume said office, but in the latter case he shall hold office only until the officer-elect qualifies.

In the event of temporary incapacity of a local officer to perform the duties of his office on account of effective absence, sickness, suspension or any other temporary incapacity, the officer next in rank shall perform the duties and exercise the powers of the officer temporarily incapacitated, except the power to appoint, suspend or dismiss employees: Provided, That in the event said temporary capacity or disability exceeds six months, the official assuming said office shall exercise all the prerogatives and powers appurtenant thereto.

Succeeding vacancies occurring as a consequence of the succession of the officer next in rank shall likewise be filled by their corresponding officers next in rank. If for some reason, the officer next in rank is incapacitated from assuming the office or refuses to assume said office, the officer next in rank to him shall assume the vacant office.

In case of vacancies occurring in the lowest rank in the office or board or council member, said vacancy shall be filled by appointment upon recommendation of the political party of the board or council member who caused the first vacancy which gave rise to the last vacancy through succession by rank: Provided, That said appointee meets all the qualifications for the office.

For purposes of this section, the ranking among local officers shall be as follows: governor, vice-governor, and members of the provincial board, in case of provinces: mayor, vice-mayor, and councilors, in case of cities, municipalities and municipal districts: Provided, That among the board or council members, the ranking shall be based on the number of votes or proportion of votes obtained in the next preceding local elections: Provided, further, That in case of a tie, the provisions of this Code thereon shall apply.

The person filling a temporary vacancy in accordance with this section shall hold the same until the permanent officer concerned assumes office, and in case of permanent vacancy or special election, for the unexpired terra of the office.

Section 18 Call of special elections.

SEC. 18. Call of special elections.—Special elections shall be called by the Commission by proclamation on 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, state that it is for the purpose of filling a vacancy or a newly created elective position, as the case may be. The Commission shall send copies of the proclamation, in numbers sufficient for due distribution and publication, to the provincial or city treasurer concerned, who in turn shall publish it in their respective localities, by posting at least three copies thereof in 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 19 Posting and translation of Election Code.

SEC. 19. Posting and translation of Election Code.— A printed copy of this Code in English or Spanish and in the national language, and, whenever possible, in the local dialect shall be posted conspicuously in every polling place on election day, in order that it may be readily consulted by any person offering to register or 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 20 Expenses of elections.

SEC. 20. Expenses of elections.— All election expenses shall be subject to the approval of the Commission and shall be advanced by the provincial, sub-provincial, city, municipal, and municipal district treasurer C concerned and shall be charged against the branch of the Government for which the election was held, and, if held for more than one branch, against the corresponding branches of the Government, in equal parts. For this purpose, the provincial board and city, municipal and municipal district councils shall appropriate an amount every year equivalent to twenty-five per cent of the total amount spent by their respective provinces, sub-provinces, cities, municipalities or municipal districts in the last local election as a continuing appropriation to cover their respective shares of the expenses in the next regular local elections;

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 be reimburse the same upon presentation of the proper bill;

All provincial, sub-provincial, and city treasurers shall, within one hundred eighty days after the day of election, submit to the Commission a report of all claims received in their respective provinces, sub-provinces and cities in connection with the elections;

Any person, corporation, association, or entity who fails to present in writing any claim for any election expenditure incurred by him in connection with the elections within six months after such expenditure has been made, with the provincial, sub-provincial, city, municipal or municipal district treasurer, as the case may be, shall be deemed to have waived the claims and any action for the collection thereof shall be deemed to have prescribed; and

Any provision of existing law to the contrary notwithstanding, the Commission may authorize the payment of compensation from appropriations provided for election to its officials and employees, and those assigned thereto, except the Chairman and members thereof, for overtime services rendered on Saturdays, Sundays and holidays, or after required office hours on regular working days in connection with election, at rates to be fixed by the Commission which shall not exceed, for any one month, the equivalent of their respective regular monthly compensations.

Section 21 Official mail and telegrams regarding elections.

SEC. 21. Official mail and telegrams regarding elections.—Papers connected with the elections required by this Code to be sent by public officers in the performance of their duties shall be free of postage and sent as registered special delivery mail. Telegrams of the same nature shall also be sent free of charge.

It shall be the duty of the Director of the Bureau of Posts and the Director of the Bureau of Telecommunications to transmit immediately and in preference to all other communications or telegrams, messages reporting election results sent by the provincial, sub-provincial, city municipal and municipal district treasurers to the Coin-mission and such other messages or communications which the Commission may require or as may be necessary ensure free, honest and orderly elections.

Section 22 Definition of Political Party.

SEC. 22. Definition of Political Party.—Political party, or simply party, when used in this Code, means an organized group of persons pursuing the same political ideals in a Government and includes its branches and divisions. To acquire juridical personality it shall be duly registered with the Commission.

Section 23 Candidate holding appointive office or position.

SEC. 23. Candidate holding appointive office or position.—Every person holding a public appointive office or position, including active members of the Armed Forces of the Philippines and every officer or employee in government-owned or controlled corporations, shall ipso-facto cease in his office or position on the date he files his certificate of candidacy: Provided, That the filing of a certificate of candidacy shall not affect whatever civil, criminal or administrative liabilities which he may have incurred.

Section 24 Candidate holding elective office.

SEC. 24. Candidate holding elective office.—Any elective provincial, sub-provincial, city, municipal, or municipal district officer running for an office other than the one which he is holding in a permanent capacity shall be considered ipso facto resigned from his office from the moment of the filing of his certificate of candidacy.

Every elected official shall take his oath of office on the day his term of office commences, or within ten days after his proclamation if said proclamation takes place after such day. His failure to take his oath of office as herein provided shall be considered forfeiture of his right to the new office to which he has been elected unless said failure is for a cause or causes beyond his control.

Section 25 Disqualification on account of violation of certain provisions of this Code.

SEC. 25. Disqualification on account of violation of certain provisions of this Code.—Any candidate who, in an action or protest in which he is a party, as declared by final decision of a competent court or tribunal guilty (a) of having committed acts of terrorism to enhance his candidacy, (b) of having spent in his election campaign an amount in excess of that allowed by this Code, or (c) of having solicited, received or made any contribution prohibited under sections thirty-six, thirty-seven, thirty-nine, forty, and fifty-five; or (d) of having violated any one of sections forty-seven, forty-eight, forty-nine, fifty-three, fifty-six, fifty-eight, fifty-nine, seventy-one, and eighty-one shall be disqualified from continuing as a candidate, or if he has been elected, from holding the office.

Section 26

SEC. 26. Certificate of candidacy,—No person shall be eligible unless, within the time fixed by law, he files a sworn certificate of candidacy stating in said certificate that he announces his candidacy for the office mentioned therein and that he is eligible for the office; the name of the political party or parties in coalition to which he belongs, if he belongs to any; his profession or occupation; his civil status, and if married, the full name of his or her spouse; his age which in the case of candidates for provincial, sub-provincial, city, municipal or municipal district offices must at least be twenty-three years and the date of birth; his residence; his post-office address for all election purposes; that he will support and defend the Constitution of the Philippines and will maintain true faith and allegiance thereto; that he will obey the laws, legal orders, and decrees promulgated by its duly constituted authorities; that the obligation imposed by his oath is assumed voluntarily, without mental reservation or purpose of evasion; and that the facts stated in the certificate of candidacy are true to the best of his knowledge: Provided, That a candidate may use in his certificate of candidacy the, name by which he has been baptized, or the name registered in the office of the local civil registrar, or any other name allowed under the provisions of existing law. He may also include one nickname or stage name by which he is generally or popularly known the locality.

The certificate of candidacy shall likewise state his gross income, including deductions and exemptions therefrom and that he has paid his income taxes as assessed for the last two years immediately preceding the election, including the receipt numbers and places of such payments, unless the candidate was exempt from paying income taxes, or his tax obligations are pending final determination, in which case he shall so state in his certificate of candidacy; and shall furthermore contain a waiver of the privilege from public disclosure of his income tax return and tax census statement for the said two-year period, except financial statements attached thereto, said waiver to be effective only during the period of his candidacy.

No person shall be eligible for more than one office to be filled in the same election, and if he files his certificate of candidacy for more than one office, he shall not be eligible for any of them. However, before the expiration of the period fixed by law for filing certificates of candidacy, the candidate filing several individual certificates of candidacy may declare under oath the office for which he desires to be eligible and cancel the certificate or certificates of candidacy for the other office or offices, otherwise all the individual certificates of candidacy which he has filed shall be cancelled.

Section 27 Ineligibility of officer found disloyal to the Government.

SEC. 27. Ineligibility of officer found disloyal to the Government.—Any person declared disloyal to the constituted government in a final judgment or order of a competent court or tribunal as a result of any action or protest shall be ineligible in subsequent elections and his certificate of candidacy shall not be received nor shall the votes cast in his favor be counted unless he is subsequetly restored to his full civil and political rights in accordance with law.

Section 28 Candidates for the same office bearing the same name and surname.

SEC. 28. Candidates for the same office bearing the same name and surname.—When there are two or more candidates for an office with the same name and surname, such upon being made aware of such fact, shall state his paternal and maternal surname with the exception of the one who last held said office, which candidate may continue to use the name and the surname stated in his certificate of candidacy when he was elected.

Section 29 Filing and distribution of certificates of candidacy.

SEC. 29. Filing and distribution of certificates of candidacy.—At least ninety days before a regular election for all elective offices and at least thirty days before a special election, the certificate of candidacy shall be filed with the office herein below mentioned together with a number of clearly legible copies equal to four times, the number of polling places: Provided, That with respect to certificates of candidacy of candidates for President, Vice-president and Senators, ten copies thereof shall be filed with the Commission which shall order the preparation and distribution of copies of the same to all the election precincts of the Philippines. The certificates shall be filed and distributed as follows:

Those of candidates for national offices, with the Commission, which shall immediately send copies thereof to the provincial and city treasurers of each province and city respectively, where the elections are to be held, and the latter officer shall in turn immediately forward copies to all the polling places. The Commission shall communicate the names of said candidates to the provincial or city treasurer. If the certificate of candidacy is sent by mail, it shall be 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 Commission on the same date.

The certificate of candidacy may also be filed directly as the case may be with the provincial, sub-provincial or city treasurer who shall immediately forward the certificate by registered special delivery mail to the Commission together with a postal money order covering the amount of filing fees required in Section thirty-three of this Code. The additional copies of the certificate of candidacy shall be retained by the treasurer for distribution to all the polling places within his territorial jurisdiction.

Certificates of candidacy for provincial or sub-provincial offices shall be filed with the provincial or provincial treasurer of the province or sub-province concerned, who shall immediately send copies thereof to all the polling places of the province or sub-province and to the Commission.

Certificates of candidacy for city, municipal or municipal district offices shall be filed with the city, municipal or municipal district treasurer, as the case may be, who shall immediately send copies thereof to the polling places concerned, to the provincial treasurer and to the Commission.

Section 30 Withdrawal or cancellation of certificates of candidacy.

SEC. 30. Withdrawal or cancellation of certificates of candidacy.—No certificates of candidacy duly filed shall be considered withdrawn or cancelled unless the candidate files with the office which received the certificate of candidacy or with the Commission, a statement of withdrawal or cancellation signed and sworn to by him at any time before the day of election.

The certificate of candidacy shall be considered ipso facto cancelled from the moment the candidate concerned accepts, assumes or discharges any appointive office or employment in the government or in any government-owned or controlled corporation.

Section 31 Ministerial duty of receiving and acknowledging receipts.

SEC. 31. Ministerial duty of receiving and acknowledging receipts.—The Commission, provincial or sub-provincial treasurer, city treasurer, municipal treasurer or municipal district treasurer in their respective provinces, sub-provinces, cities, municipalities and municipal districts shall have the ministerial duty to receive the certificates of candidacy referred to in Section twenty-nine hereof and to immediately acknowledge receipt thereof: Provided, That in all cases the said Commission may motu proprio or upon a verified petition of an interested party, refuse give due course to a certificate of candidacy if it is that said certificate has been presented and filed to confusion among the voters by the similarity of the names of the registered candidates or by other stances which demonstrate that the candidate has no bona fide intention to run for the office for which the certificate of candidacy has been filed and thus prevent a faithful determination of the true will of the electorate.

Section 32 Payment of fees required for validity of certificate of candidacy.

SEC. 32. Payment of fees required for validity of certificate of candidacy.—No certificate of candidacy shall be received and acknowledged until payment of the fee required in Section thirty-three of this Code is made to the treasurer concerned or the Commission.

Section 33

SEC. 33. Fees for the filing of certificates of candidacy, —The candidates for the following offices shall, upon filing their certificates of candidacy, pay a filing fee as follows:

For President

P5,000.00

For Vice-President

2,500.00

For Senator

1,000.00

Fees collected under this section shall be used by the Commission to help defray expenses for the preparation and distribution of the certificates of candidacy mentioned in Section twenty-nine hereof.

The amount paid for fees herein required shall not be considered as an expense for an election campaign.

Section 34 Candidates in case of death, withdrawal, or disqualification of another.

SEC. 34. Candidates in case of death, withdrawal, or disqualification of another.—If, after the expiration of the time limit for filing certificates of candidacy, a candidate with a certificate of candidacy duly filed should die, withdraw or become disqualified for any cause occurring after the expiration of the said time limit, any voter legally qualified for the office may file his certificate of candidacy for the office for which the deceased or disqualified person was a candidate in accordance with the preceding sections on or before mid-day of the day of the election, and, if the death or disqualification should occur between the day before the election and the mid-day of election day, said certificate may be filed with any board of inspectors of the political division where he is a candidate, or, in the case of candidates to be voted for by the entire electorate, with the Commission: Provided, however, That if the candidate ; who has died, withdrawn or become disqualified is the official candidate of a political party, only a person belonging to the same political party may file a certificate of candidacy for the office for which the deceased or disqualified person was a candidate.

Section 35 Definitions.

SEC. 35. Definitions.—When used in this Code:

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

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.

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

Section 36 Soliciting or receiving contributions from a foreigner or foreign government.

SEC. 36. Soliciting or receiving contributions from a foreigner or foreign government.—It shall be unlawful for any person, political party or public or private entity to solicit or receive, directly or indirectly, any aid or contribution of whatever form or nature from any foreigner or foreign government for political purposes.

Section 37 Prohibited contributions.

SEC. 37. Prohibited contributions.—It shall be unlawful for any corporation or entity operating a public utility or which is in possession of or is exploiting any natural resources of the nation to contribute or make any expenditure in connection with any election campaign.

The same prohibition shall apply to: (a) banks, insurance companies, and other financial institutions; (b) natural and juridical persons who hold contracts or subcontracts to supply the government or any of its divisions, subdivisions or instrumentalities, including government-owned or controlled corporations, with goods or services or to perform construction or other works; (c) natural and juridical persons who have been granted incentives, exemptions, allocations or similar privileges or concessions by the government or any of its divisions, subdivisions or instrumentalities, including government-owned or controlled corporations; and (d) natural or juridical persons who within one year from the date of the election have been granted loans in excess of P25,000.00 by the government or any of its divisions, subdivisions or instrumentalities, including government-owned or controlled corporations.

Section 38 Soliciting contributions for any charitable, religious or social cause.

SEC. 38. Soliciting contributions for any charitable, religious or social cause.—It shall be unlawful within the period of one hundred and fifty days before the election for any government-owned or controlled corporation to give or cause to be given, and/or to contribute or cause to be contributed any sums of money for any charitable, religious, or social cause whatsoever, unless specifically authorized by law.

Section 39 Prohibited collection of funds.

SEC. 39. Prohibited collection of funds.—It shall be unlawful for any person to hold balls, lotteries, beauty contests, entertainments or cinematographic, or theatrical, or other performances during one hundred fifty days 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; and no person or organization, whether civic or religious, shall directly or indirectly solicit and/or accept from any candidate for public office, or from his campaign manager, agent or representative, any gift, food, transportation, contribution or donation in cash or in kind during the aforementioned period: Provided, That normal and customary religious dues and/or contributions, such as religious stipends, tithes, or collections on Sundays and/or other designated collection days, are excluded from this prohibition: Provided, further, That in case of disasters or extraordinary religious events, the Commission may, after due notice and hearing, authorize the holding of benefits for the purpose of raising funds or permit contributions or donations otherwise hereinabove prohibited.

Section 40 Prohibition against contributions by candidates or agents.

SEC. 40. Prohibition against contributions by candidates or agents.—No candidate, his or her spouse or any relative within the second degree of consanguinity or affinity, or his campaign manager, agent or representative, shall, during one hundred fifty days immediately preceding a regular or special election, directly or indirectly, make any donation, contribution, or gift in cash or in kind, or undertake and/or contribute to the construction of roads, bridges, schoolhouses, puericulture centers, medical clinics and hospitals, churches or chapels, cement pavements, or any other structure for public use or the use of any religious or civic organization: Provided, That normal and customary religious dues and/or contributions, such as religious stipends, tithes and/or collection on Sundays and/or other designated collection days, as well as periodic payments for legitimate scholarships established and school contributions habitually made before the prohibited period, are excluded from this - prohibition.

Section 41 Limitation upon expenses of candidates.

SEC. 41. Limitation upon expenses of candidates.—No candidate shall spend for his election campaign more than the total amount of salary for the full term attached to the office for which he is a candidate.

Section 42 Limitation upon expenses of political parties land other non-political organizations.

SEC. 42. Limitation upon expenses of political parties land other non-political organizations.—No political party s denned in this Code shall spend for the election of its candidates an aggregate amount more than the equivalent of one peso for every voter currently registered throughout the country in case of a regular election, or in the constituency in which the election shall be held in case of a special election which is not held in conjunction with a regular election. Any other organization not connected with any political party, campaigning for or against a candidate, or for or against a political party shall not spend more than a total amount of five thousand pesos.

Section 43

SEC. 43. Records of contributions and expenditures.-—The national treasurer of the political party shall submit by registered mail to the Commission not later than six months preceding a general election a list of the duly appointed local treasurers of the party and such changes therein and additions thereto within the first ten days of every month during the six months preceding an election.

It shall be the duty of every treasurer of a political party or a non-political organization campaigning for or against a party or candidate to keep detailed and exact records and accounts of every election contribution received and election expenditure incurred in such manner that the true and correct statement of its financial transactions may be determined at any time. For this purpose, he shall prepare and maintain separate journals which shall contain in chronological order every contribution received and expenditure made, the date such contribution was received or expenditure incurred, the full name and exact address of each contributor or person to whom such expenditure was made and the amount of contribution or expenditure. He shall have custody of all accounts, receipts and vouchers relative to said contributions and expenditures. He shall be responsible for their preservation for at least one year after the holding of the election to which they pertain and for their production for inspection by the Commission or its representatives specifically authorized for that purpose and/or upon presentation of a subpoena duces tecum duly issued by the Commission. Failure by the treasurer to preserve such accounts, receipts and vouchers shall be deemed prima facie evidence of violations of the provision. Every other officer of the political party or non-political organization shall furnish such information in regard to the transactions and activities of the political party or non-political organization as the Commission may require.

Expenses incurred by all other committees, branches and chapters of political parties and non-political organizations shall be deemed included herein.

Section 44 Filing of statement by treasurer of political party and non-political organization.

SEC. 44. Filing of statement by treasurer of political party and non-political organization.—The treasurer of a political party or a non-political organization campaigning for or against a candidate or party shall file with the Commission within the first ten days of every month, during the four 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 45 Statements by candidates.

SEC. 45. Statements by candidates.—Within forty-five days after the holding of the election every candidate shall file with the Commission for such action as it may deem proper, a statement, complete as of the date next preceding j 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 each contributor and (2) an itemized 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 and address of the person in whose favor such expenditures were made.

Section 46 Statements by private persons.

SEC. 46. Statements by private persons.—Any person receiving a contribution and/or incurring an expenditure valued at one hundred pesos or more for an election campaign shall file with the Commission a detailed statement of such contribution or expenditure within a period of thirty days after receiving such contribution or incurring expenditures.

Section 47 Prohibited forms of election propaganda.

SEC. 47. Prohibited forms of election propaganda.— It shall be unlawful to make use of, attach, float or display any billboard, tinplate-poster, balloons and the like, of whatever size, shape, form or kind, advertising for or against any candidate or political party;

It shall be unlawful to purchase, manufacture, re quest or distribute electoral propaganda gadgets such aspens, lighters, fans of whatever nature, flashlights, athletic goods or materials, wallets, bandannas, shirts, hats, matches, cigarettes, and the like, whether of domestic or foreign origin;

It shall be unlawful to print or distribute sample ballots. But a simple list of candidates and the offices for which they are candidates, on newsprint or any other unexpensive paper material of a size not exceeding three inches by eight and one-half inches shall not be considered as a sample ballot;

It shall be unlawful to show or display publicly any advertisement or propaganda for or against any candidate or political party by means of cinematography, audio-visual units or other screen projections except telecasts which may be allowed as hereinafter provided;

It shall be unlawful for any radio broadcasting or television station to sell or give free of charge air time for political campaigns and other political purposes except as authorized under Section forty-nine hereof and the rules and regulations promulgated by the Commission pursuant thereto.

Any prohibited election propaganda gadget or advertisement shall be stopped, confiscated or torn down by the representative of the Commission upon specific authority of the Commission.

Section 48 Lawful Election Propaganda.

SEC. 48. Lawful Election Propaganda.—Lawful election propaganda shall include:

Pamphlets, leaflets, cards, decals, stickers or other written or printed materials of a size not more than eight and one-half inches in width by fourteen inches in length;

Handwritten or printed letters urging voters to vote for or against any particular candidate;

Cloth, paper or cardboard posters whether framed or pasted with an area not exceeding two feet by three feet, except that, at the site of and on the occasion of a public meeting or rally, or in announcing the holding of said meeting or rally, streamers not exceeding three by eight feet in size, shall be allowed: Provided, That said streamers may not be displayed except one week before the date of the meeting or rally and that it shall be removed within seventy-two hours after said meeting or rally.

All other forms of election propaganda not prohibited by this Code as the Commission may authorize .after due notice and hearing: Provided, That the Commission's authorization shall be published in two newspapers of general circulation throughout the nation for at least twice within one week after the authorization has been granted.

All written or printed election propaganda and all posters shall bear the true name and correct address of the person, natural or juridical, who or which wrote, printed or produced the same.

Section 49 Regulation of election propaganda through mass media.

SEC. 49. Regulation of election propaganda through mass media.— The franchises of all radio broadcasting and television stations are hereby amended so as to require each such station to furnish free of charge, upon request of the Commission, during the period of sixty days before the election not more than fifteen minutes of prime time once a week which shall be known as "Comelec Time" and which shall be used exclusively by the Commission to disseminate vital election information. Said "Comelec Time" shall be considered as part of the public service time said stations are required to furnish the Government for the dissemination of public information and education under their respective franchises or permits.

The Commission shall promulgate rules and relations regarding the sale or use of air time for political purposes during the election period to insure that equal time in amount and quality is available to all candidates for the same office and to all political parties at the same rates or given free of charge; that such rates are reasonable and not higher than those charged to other buyers or users of air time for non-political purposes that the provisions of this Code regarding the limitation of expenditures by political parties, political organizations and candidates and contributions by private persons and certain classes of corporations, entities and institutions are effectively enforced; that said radio, broadcasting and television stations shall not be allowed to schedule any program or permit any sponsor to manifestly favor or oppose any candidate and/or political party by unduly or repeatedly referring to or including said candidate in its program thereby giving undue advantage to said candidate and/or political party, respecting however, in all instances the right of said stations to broadcast accounts of significant or newsworthy events and views on matters of public interest.

All contracts for advertising in any newspaper, magazine, periodical or any form of publication promoting or opposing the candidacy of any person for public office shall, before its implementation, be registered by said newspaper, magazine, periodical or publication with the Commission. In every case, it shall be signed by or for the candidate or political party concerned.

No franchise or permit to operate radio or television stations shall be granted or issued during the election period.

In all instances, the Commission shall supervise the use and employment of press, radio and television facilities so as to give candidates for the position equal opportunities under equal circumstances to make known their qualifications and their stand on public issues within the limits on election spending set forth in this Code.

Section 50

SEC. 50. Prohibition against use of public funds, money deposited in trust, equipments, facilities, etc., owned and controlled by the Government for election campaign.— The use under any guise whatsoever, directly or indirectly, of (a) public funds or money deposited with or held in trust by public financing institutions or by government offices, banks, or agencies; or (b) any printing press, radio or television station operated by the Government or by any government-owned or controlled corporations; or (c) any equipment, vehicles, facilities, apparatus and paraphernalia owned by any government bank, financial institution or by the Armed Forces of the Philippines for any election campaign or for the purpose f of promoting or opposing any candidate for public office is hereby prohibited and constituted a serious election offense.