Disqualifications.
Section 432
SEC. 432. Disqualifications.—The following persons shall not be qualified to vote: "(a) Any person who has been sentenced by final judgment to suffer not less than eighteen months of imprisonment, such disability not having been removed by plenary pardon. "(b) Any person who has violated the allegiance he owes to the United States or to the Commonwealth of the Philippines. "(c) Insane or feeble-minded persons. "(d) Persons who cannot prepare their ballots themselves." "SEC. 437. Applications to strike names from list.— (a) Any registered voter of the election precinct and any candidate or representative of a candidate authorized in writing may apply, within the twenty days next following the preparation and revision of the list of voters, to the judge of first instance, the justice of the peace of the provincial capital, or the circuit justice of the peace, for the exclusion of the names of voters from the list of voters. The application shall state the names and places of residence of the voters whose exclusion is requested, the election precinct in which they are registered, and the grounds for the challenge. It shall be sworn to and shall be accompanied by proof that copies of said application have been served upon a member of the board of inspectors or the poll clerk and upon the voters sought to be excluded. Service of a copy of the application shall be made by registered mail or by delivery to the interested party or by leaving it with a person of sufficient discretion in his place of residence. "(b) With the application the applicant shall file a bond satisfactory to the court in an amount equal to one peso for each person sought to be stricken from the list, and in case of final decision in favor of the respondents the court may adjudicate the amount of the bond as costs in favor of the persons challenged. "(c) On petition filed before the hearing, any candidate who may be affected by the proceedings may intervene and present his evidence thereat. The decision shall be rendered on the merits of the evidence presented, and in no case shall it be on the stipulation between the applicant and the respondents. "(d) Such applications shall be heard and decided without delay and notice of the decision shall be given to the board of inspectors and the interested parties not later than at the noon hour of the second Saturday before the election." "SEC. 442. Official ballots.—(a) Uniform official ballots shall be provided at public expense for each election. Said ballots shall be of white paper in shape of a strip 120 millimeters wide and 240 millimeters long, exclusive of the coupon containing the detachable number of the ballot, and shall bear in English and Spanish: On top, the words 'Official Ballot,' the name of the municipality or city and province in which the election is held, the date of the election, and this notice in eight point (brevier) gothic type: 'Fill out this ballot secretly inside the booth. Do not make any mark on this ballot or write anything thereon but the names of the candidates you vote for. Any violation of this instruction will invalidate your vote.' On the left margin shall be printed the titles of each of the offices to be voted for, in ten point (long primer) roman type, followed by a blank line for the name of the candidate for whom the voter desires to vote, or with a corresponding number of blank lines immediately under the title of the office if more than one is to be elected. There shall not be anything on the back. "The ballots shall be folded twice toward the bottom, so that they shall, when .folded, be sixty by one hundred and twenty millimeters, showing the entire coupon with its detachable number and space for the thumb mark of the voter. (Perforated Line) OFFICIAL BALLOT TAAL, BATANGAS, DECEMBER 14, 1937 Fill out this ballot secretly inside the booth. Do not make a,ny mark on this ballot or write anything thereon but the' names of the candidates you vote for. Any violation of this instruction will invalidate your vote. Provincial Governor Members of the Provincial Board Mayor Vice-Mayor Councilors (Perforated Line) Taal, Batangas, December 14, 1937 Coupon of Ballot No. Thumb mark of voter "(b) The official ballots shall be bound in books of one —bound hundred ballots each. Each ballot shall be joined by a perforated line to a stub numbered consecutively beginning with number one in each municipality. The ballot shall also have at its bottom a detachable coupon with the same number as the stub and a sufficient space for properly affixing the imprint of the thumb of the voter. Each book of ballots shall bear on its cover the name of the province and city or municipality in which the ballots are to be used, and the number of ballots it contains, and shall be numbered consecutively beginning with number one in each city or municipality. The Director of Printing, the provincial treasurer, and the municipal treasurer, shall each keep a record of the ballots furnished to the various provinces, cities, municipalities, municipal districts, and election precincts." "SEC. 452. Preparation of ballot; prohibitions.—The voter, on receiving his ballot, shall forthwith retire alone to one of the empty polling booths and shall there prepare his ballot by writing in the proper space for each office the name of the person for whom he desires to vote. No voter shall be allowed to enter a booth occupied by another voter, or to occupy a booth more than five minutes in case there are other voters waiting their turn to vote, or to speak with anyone other than as herein provided while within the polling place. It shall be unlawful to use any alias for a candidate nor any nickname not appearing on the certificate of candidacy and not accompanied by his family name. Any vote thus unlawfully cast shall be considered as null and void for said office. It shall be unlawful to prepare the ballot outside the voting booth or to exhibit its contents to any person before it is placed in the ballot box., or to erase any printing from the ballot or to add any distinguishing feature thereto, or to intentionally tear or deface the same, or to put anything thereon other than the names of the candidates voted for. It shall likewise be unlawful to use carbon paper or other means for making a copy of the ballot, or make use of any other means of identifying the vote of the voter." "SEC. 455. Casting of ballot.— (a) After preparing his ballot in one of the voting booths, the voter shall immediately return to the poll clerk, affix the imprint of his right thumb, in the presence of the board, in the space provided for said purpose on the coupon or detachable number of the ballot used, and hand the latter to the chairman of the board who, without exposing the contents, shall verify and remove the number thereof, and shall deposit the ballot in the ballot box in the presence and view of the voter. No ballot shall be deposited in the ballot box unless its number corresponds to that which has been delivered to the voter as recorded in the list of voters. The voter shall also affix his signature and the imprint of the thumb of his right hand, in the presence of the board, on one of the copies of the list of voters, opposite the name used by him and in the column provided for said purpose, using his complete ordinary signature. The inspector handing the ballot to said voter shall also sign by the side of the latter's name. The voter shall then depart. • "(b) The detachable number of the ballot shall be removed from the same in the presence of the board and in the view of the voter, at the moment when the ballot must be deposited in the ballot box, and not before, by the chairman of the board of inspectors, without exposing the contents of the ballot, and shall forthwith be deposited in the box for spoiled ballots where it shall be kept. Every ballot the number whereof has not been removed by said chairman in the presence of the board and in the view of the voter or which does not agree with the number registered in the list of voters opposite the name of said voter,' shall be considered as spoiled and shall be marked and treated accordingly, and shall not be placed in the box for valid ballots." "SEC. 469. Canvass of returns by provincial board.— (a) The provincial board of canvassers shall be composed of the provincial governor, the members of the provincial board, the provincial treasurer, the provincial auditor, the provincial fiscal, and the clerk of the court of first instance. The board shall meet as soon as practicable, within the fifteen days next following the election, and the provincial treasurer shall then produce before it the statements delivered to him. If any statements be missing, the board, by special messenger or otherwise, shall obtain such missing statements and the fiscal shall forthwith institute criminal proceedings against the person or persons criminally responsible for such delay. The watchers of the candidates may be present at, and take note of, the proceedings of the provincial board of canvassers and of the committees and subcommittees appointed by said board. "(b) The board shall examine the statements filed with; it, and if it clearly appears that material matters of form are omitted, such statements shall be returned for correction to the board of inspectors by special messenger or in such other manner as may be most expeditious. Such statements may not, however, be returned for a recount. "(c) In case it appears to the provincial board of canvassers that another authentic copy, or other authentic copies, of the statement of an election precinct submitted to it give a different number of votes and such difference affects the result of the election, the court of first instance of the province, on motion of the board or of any interested candidate, may proceed to make a recount of the votes in that election precinct for the office in question, for the sole purpose of determining which is the correct statement or which is the actual result of the recount of the votes cast in said precinct for said office. Notice of such action shall be given to the interested parties. "(d) As soon as all statements are before it, the provincial board of canvassers shall proceed to a canvass of all the votes cast in the province for President and Vice-President of the Commonwealth, then of those for Members of the National Assembly, and, finally, of those for provincial officers, and upon completion thereof shall make one statement of all the votes cast for each candidate for the offices of President and Vice-President, one statement of all the votes cast for the office of Member of the National Assembly for each legislative district, and one statement of all the votes cast for provincial officers. Upon the completion of such statements the board shall determine therefrom what person has been elected to the National Assembly for each legislative district, and what person has been elected to each provincial office. As regards the election for President and Vice-President of the Commonwealth, the board shall merely state the number of votes cast for each candidate for the office and shall forthwith send the proper statement to the National Assembly." "SEC. 470. Certificate of result.—All determinations of the result of the election shall be reduced to writing, in duplicate, and signed by the members of the provincial board of canvassers or a majority of them and sealed with the provincial seal. One copy thereof shall be filed by the provincial treasurer in his office and one shall forthwith be sent to the Secretary of the Interior. A certified copy of the proclamation of his election shall also forthwith be delivered to each candidate." "SEC, 475. Elections resulting in tie.—Whenever it shall appear in the canvass of a regular or special election for Member of the National Assembly or for provincial or city officers, that two or more candidates have received the same largest number of votes, the provincial board of canvassers concerned shall proclaim as elected that one of the tied candidates who shall be the winner in the drawing hereinafter provided for, and the candidate so proclaimed shall be entitled to be seated as if he had been elected by a majority of votes. "As soon as the canvass shall show a tie, the provincial board of canvassers, after making it so appear in the proper statement, shall, upon ten days' notice to all tied candidates enabling them to be present if they should so desire, hold another public meeting at which the drawing shall be held, and statement shall forthwith be prepared of the procedure followed at said drawing and of the result thereof and the proclamation of the candidate elect. Certified copies of said statement shall be sent to the National Assembly, the President of the Philippines, the Auditor General, and each of the tied candidates." "SEC. 476. Incompetency to act, and replacement, of provincial canvassers.— (a) Any member of a provincial board of canvassers who is a candidate shall be incompetent to act as member of said board at such election. "(b) In case of the absence or incapacity for any cause of any member of the provincial board of canvassers, the Secretary of the Interior may designate the superintendent of schools, the district engineer, the district health officer, the register of deeds, or the justice of the peace of the provincial capital to act in his stead." "SEC. 2071. Qualifications of provincial officer.—No person shall be eligible to a provincial office unless at the time of the election he is a qualified voter of the province, has been a bona fide resident therein for at least one year prior to the election, and is not less than thirty years of age." "SEC. 2074. Term of elective provincial officer.—The term of a provincial or city officer elected at the regular election of the year nineteen hundred and thirty-seven shall be three years and shall begin on the first of January next following such election. If a successor be not inducted at the time appointed by law, the incumbent shall hold over until a successor shall be duly qualified." "SEC. 2177. Term of elective municipal officer.—The term — of a municipal officer elected at the regular election of the year nineteen hundred and thirty-seven shall be three years and shall begin on the first of January next following such election. If a successor be not inducted at the time appointed by law, the incumbent shall hold over until a successor shall be duly qualified." "SEC. 2440. Qualifications, election, suspension and reomoval of members of Board.—{a) The members of there, municipal board shall be elected at large from the entire city " "(b) The ten candidates receiving the greatest number — of votes shall be declared elected. Each member of the municipal board shall be a resident of the city for at least one year, shall be a qualified elector of the city and be not less than twenty-three years of age. "(c) Members of the board may be suspended or removed from office under the same circumstances, in the same manner, and with the same effect, as elective provincial officers, and the provisions of law governing the suspension or removal of elective provincial officers and the confirmation of their election are made effective for the suspension or removal of said members of the board and for the confirmation of their election. "(d) In so far as they are applicable, all the provisions of the Election Law are made effective as to the members n of the Board and to their election to the same extent as if the City of Manila were a province and the election of said members were the election for members of the provincial board. "(e) If any person elected is ineligible to hold office, or" if for any reason there should be a failure to elect one or more members, no special election shall be called; but the vacancy shall be filled for the term by the President of the Philippines with the consent of the Commission on Appointments of the National Assembly. Vacancies in the office of member occurring after taking office shall be filled for the unexpired term in like manner." "SEC. 2605. The provincial board, members of.—The: provincial board shall be composed of the provincial governor and two members who shall be elected by the mayors, vice-mayors, and municipal and municipal district councilors of the province on the date appointed by the Election Law for the holding of regular elections, unless the existing law provides for their election by a direct vote of the people. Said members shall be inducted into office at the same time as the elective provincial officers and shall hold office for the same period as the latter. The provincial governor shall be the presiding officer of the board. In case of the absence, illness, suspension or other temporary incapacity of the provincial governor, or if for any other reason he is unable to perform his official duties, the President of the Philippines may designate any other officer or employee to perform the duties of the office or may provisionally appoint thereto any suitable person not in the service. In the meantime the duties of the provincial governor shall be discharged by a member of the provincial board who shall have been previously authorized by the provincial governor. In making such designation, the authority may be limited to the performance, during the absence of the governor from the provincial capital, of such of his duties as can be conveniently performed at the capital or it may be limited to the performance of specific acts or classes of acts. Every such designation shall be in writing and shall be spread upon the minutes of the provincial board. Copies of all the resolutions of the provincial board and executive orders of the provincial governor shall be furnished the Department of the Interior, under such regulations as said department may prescribe." "SEC. 2637. (a) Refusal of or delay in granting inspectors or poll clerks.—Any member of a board or municipal council who refuses or fails to vote for the appointment of the inspectors or poll clerks to which a party is entitled by law, on the date appointed by law, or who shall in any manner delay such appointment, shall be punished by imprisonment for not less than six months nor more than four years, and by a fine of not less than six hundred pesos nor more than four thousand pesos, and in all cases by deprivation of the right of suffrage and disqualification from public office for a period of not more than five years. "(b) Refusal to call in due time meeting for appoint-lment of inspectors and poll clerics.—Any mayor or person acting in his stead who refuses or fails to call a meeting of the members of the municipal board or council to give the same sufficient time to proceed to appoint the election inspectors and poll clerks at the time and in accordance with the provisions established by law, shall be punished by imprisonment for not less than six months nor more than four years, and by a fine of not less than six hundred pesos nor more than four thousand pesos, and in all cases by deprivation of the right of suffrage and disqualification from public office for a period of not more than five years. "(c) Unlawful continuation in office of inspector or poll clerk.—Any election inspector or poll clerk who continues in office after his right to do so has terminated for any of the reasons provided for by law, shall not be entitled to receive compensation for the services rendered by him and shall be punished by imprisonment for not less than three months nor more than two years, and by a fine of not less than three hundred pesos nor more than two thousand pesos, and in all cases by deprivation of the right of suffrage and disqualification from public office for a period of not more than five years. "(d) Offenses in connection with registration of voters.—Any inspector or poll clerk who enters upon any registry or poll list or causes or allows to be entered thereon the name of any person as a voter in a precinct who is not a voter thereof or has not filed the required affidavit in due form, or who keeps in the list the name of a person who has requested that his name be excluded or whose name has been ordered excluded by the competent court, or who knowingly includes or keeps in the list the name it deceased- person or a person who has incurred any of the disqualifications for being a voter provided by law, and any election inspector who refuses or votes to refuse or willfully neglects to enter the name of any qualified applicant upon the registry list, or who prevents or seeks to prevent the registration of any legally qualified voter, or who transfers or allows the transfer of the name of a voter from the election precinct in which he resides to another precinct without application therefor having been made by the voter, or who alters the spelling of the name of a voter, or who fails to make sure that the names of the voters transcribed in the copy of the list in his possession have been copied correctly from the original registry list, or who is guilty of any fraud or corrupt conduct in the performance of his duties in connection with the registration of voters in the registry list, shall be punished by imprisonment for not less than six months nor more than four years, and by a fine of not less than six hundred pesos nor more than four thousand pesos, and in all cases by deprivation of the right of suffrage and disqualification from public office for a period of not more than five years. "(e) Punishable omissions of inspectors and poll clerks.— Any election inspector or poll clerk who fails to publish i the registry list of his precinct or transmit the same to the proper authorities within the term fixed by law, or who refuses or fails to give to a watcher a correct certificate of the number of votes cast in an election precinct for said candidate and for each of the latter's opponents, although such was requested of him in the polling place after the publication of the result of the canvass therein, or who deprives voters or watchers of any right granted them by law, or who fails to deliver the keys of the ballot boxes to the provincial commander or his authorized representative, and any private individual or officer inducing or aiding the election inspectors and poll clerks to commit any of the aforesaid acts or be guilty of any of the aforesaid omissions or committing the same himself, shall be punished by imprisonment for not less than three months nor more than two years, and by a fine of not less than three hundred pesos nor more than two thousand pesos, and in all cases by deprivation of the right of suffrage and disqualification from public office for a period of not more than four years. "(f) Punishable omissions of municipal treasurer.—Any municipal treasurer who violates the provisions of section four hundred and twenty-nine of the Election Law or fails to publish the list of voters or its supplements as provided for in said law, shall be punished by imprisonment for not less than two months nor more than one year, or by a fine of not less than two hundred pesos nor more than one thousand pesos." "SEC. 2645. Perjury in election matters.— (a) Any person who knowingly takes or subscribes any false oath, affidavit, or affirmation before any election officer, or before any court or other officer in relation to any material fact in any registration or election proceeding, shall be punished by imprisonment for not less than one month nor more than two years, and by a fine of not less than one.hundred pesos nor more than one thousand pesos, and in all cases by deprivation of the right of suffrage and disqualification from public office for a period of not more than four years. "(b) Any candidate convicted of having directly or indirectly spent in the election campaign, for the purpose of furthering his candidacy, more than is authorized by law, shall be punished by imprisonment for not less than six months nor more than four years, and by a fine of not less than six hundred pesos nor more than four thousand pesos, and in all cases by deprivation of the right of suffrage and disqualification from public office for a period of not less than five years nor more than fourteen years." "SEC. 2660-J. Prescription.— (a) Offenses resulting from violations of this article shall prescribe one year after their commission; but if the discovery of such offenses is incidental to judicial proceedings in any election contest, the term of prescription shall commence only on the date when final judgment has been rendered in such proceedings. "(b) Any action for violation of the Election Law shall be deemed to begin on the date when the competent court issues the proper order of arrest by virtue of a complaint or information filed with it."