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

Case Overview and Summary

Summary of Republic Act No. 6646 (The Electoral Reforms Law of 1987)

Title and Governing Law
- This Act shall be known as "The Electoral Reforms Law of 1987". (Section 1)
- The first local elections under the New Constitution and subsequent elections shall be governed by this Act, the Omnibus Election Code, and other election laws not inconsistent with this Act. (Section 2)

Voters in Cities
- Registered voters of highly urbanized cities shall not vote for provincial officials of the province where the city is located. (Section 3)
- Registered voters of component cities shall vote for provincial officials unless the city charter provides otherwise. (Section 3)

Certificates of Candidacy and List of Candidates
- Certificates of candidacy shall be filed in 12 legible signed copies. (Section 4)
- The Commission shall print certified lists of candidates containing names, nicknames, and party affiliations to be posted in voting booths. (Section 4)

Nuisance Candidates
- Procedure for declaring a candidate as a nuisance candidate under Section 69 of the Omnibus Election Code is provided. (Section 5)
- The Commission's decision on nuisance candidates shall be final and executory after 5 days unless stayed by the Supreme Court. (Section 5)

Disqualification Cases
- Votes for a candidate disqualified by final judgment shall not be counted. (Section 6)
- The court may suspend the proclamation of a candidate if evidence of guilt is strong during the pendency of the case. (Section 6)

Cancellation of Certificate of Candidacy
- The procedure for petitions to deny due course or cancel a certificate of candidacy under Section 78 of the Omnibus Election Code shall apply. (Section 7)

Representatives During Printing
- Political parties with at least 10% of votes in the last senatorial election shall have watchers during the printing of returns and ballots. (Section 8)

Public Forum and Common Poster Areas
- The Commission shall encourage public forums for candidates to present their platforms. (Section 9)
- The Commission shall designate common poster areas and billboards for candidates to display propaganda equitably. (Section 10)

Prohibited Forms of Election Propaganda
- Prohibitions on drawing, painting, inscribing, writing, posting, or exhibiting election propaganda except in designated areas. (Section 11)
- Restrictions on mass media selling or giving free space or airtime for campaign purposes except to the Commission. (Section 11)

Official Watchers
- Each registered party, coalition, and candidate is entitled to one watcher per polling place. (Section 12)
- Two principal watchers representing the ruling and opposition coalitions shall observe proceedings and sign returns. (Section 12)

Board of Election Inspectors
- The board shall be composed of a chairman and two members, preferably public school teachers. (Section 13)

Per Diems
- Specific per diem amounts for the board of election inspectors, support personnel, and other officials are provided. (Section 14)

Ballot Signatures and Certificates of Votes
- The chairman and poll clerk shall sign the back of every ballot. (Section 15)
- Boards shall issue certificates of votes upon request of watchers. (Section 16)
- Certificates of votes are admissible as evidence to prove anomalies in returns. (Section 17)

Transfer of Counting and Election Returns
- Procedures for transferring the counting of votes to a safer place in case of danger. (Section 18)
- Six copies of election returns shall be prepared and distributed as specified. (Section 19)

Boards of Canvassers
- Composition of provincial, city, and municipal boards of canvassers. (Section 20)
- Procedures for substituting members of the boards. (Section 21)
- The board may constitute canvassing committees. (Section 22)
- Notice requirements for meetings of the board. (Section 23)
- The board has authority to maintain order and enforce obedience. (Section 24)
- Parties and candidates have the right to be present and counsel during the canvass. (Section 25)

COMELEC Hearings and Proceedings
- Provisions on compelling testimony, granting immunity, and procedures in hearings and proceedings of the Commission. (Section 26)

Election Offenses
- Additional acts constituting election offenses are enumerated. (Section 27)

Prosecution of Vote-Buying and Vote-Selling
- Procedures and presumptions for investigating and prosecuting vote-buying and vote-selling. (Section 28)

Designation of Other Dates
- The Commission may fix other periods and dates for pre-election acts if it is no longer reasonably possible to observe prescribed dates. (Section 29)

Effectivity of Regulations and Orders
- Rules on the effectivity of regulations and orders issued by the Commission. (Section 30)

Repealing Clause, Separability Clause, and Effectivity
- Provisions on repealing inconsistent laws, separability, and the effectivity of this Act. (Sections 31-33)