Enacting "The 1978 Election Code"

Case Overview and Summary

Summary of the 1978 Election Code of the Philippines:

Title and Applicability
- This decree shall be known as "The 1978 Election Code" and shall govern elections for the interim Batasang Pambansa and local officials. (Sections 1-2)

Election Dates and Periods
- Election for regional representatives to the interim Batasang Pambansa shall be held on April 7, 1978. (Section 3)
- The election period and campaign period shall be fixed by the Commission on Elections, with the campaign period not exceeding 45 days before the election. (Section 4)

Voter Registration
- It is the obligation of every qualified citizen to register and vote. (Section 5)
- There shall be a permanent list of voters for each voting center, with provisions for registration, re-registration, cancellation, and updating of voter records. (Sections 70-100)
- Qualifications and disqualifications for voters are specified. (Sections 74-75)
- Procedures for voter registration, approval/disapproval of applications, and issuance of voter certificates are outlined. (Sections 79-84)

Voting Centers
- Existing voting centers from the 1977 referendum shall be used, with provisions for creating new centers and changing locations. (Sections 101-103)
- Requirements for voting centers, such as size, location, and arrangement, are specified. (Sections 104-112)

Election Committees
- Citizens election committees composed of public school teachers shall be appointed for each voting center to conduct voting and counting. (Sections 113-127)

Official Ballots
- The Commission shall provide official ballots of uniform size and color, with provisions for printing, distribution, and emergency ballots. (Sections 128-134)

Casting of Votes
- Voting hours, preliminaries, persons allowed in voting centers, order of voting, obtaining and preparing ballots, assistance for illiterate/disabled voters, and handling of spoiled ballots are regulated. (Sections 135-143)
- Procedures for challenging illegal voters and recording challenges are specified. (Sections 144-147)
- Minutes of voting and counting shall be prepared and signed by the election committee. (Section 148)

Counting of Votes
- The election committee shall publicly count votes at the voting center without interruption, following specified procedures. (Sections 150-163)
- Rules for appreciating and counting ballots, including valid and invalid votes, are provided. (Section 155)
- Procedures for preparing and distributing election returns are outlined. (Sections 156-160)

Boards of Canvassers
- Regional Boards of Canvassers shall canvass and proclaim the elected regional representatives. (Sections 164-177)
- Procedures for handling delayed, lost, destroyed, or defective election returns are specified. (Sections 171-174)

Election Offenses and Penalties
- A comprehensive list of prohibited acts constituting election offenses is provided, covering various stages of the election process. (Section 178)
- Other sections related to election offenses are listed. (Section 179)
- Principals, accomplices, and accessories shall be criminally liable, with penalties of imprisonment, disqualification from public office, and deprivation of suffrage rights. (Sections 180-181)
- The Commission shall have the power to conduct preliminary investigations and prosecutions. (Section 182)
- Election offenses shall prescribe after three years. (Section 183)
- Courts of First Instance shall have exclusive original jurisdiction over election offense cases, except for failure to register/vote cases. (Section 184)

Powers of the Commission on Elections
- The Commission shall have exclusive charge of enforcing election laws and ensuring free, orderly, and honest elections. (Section 185)
- Specific powers of the Commission are listed, including supervision of officials, promulgating rules, enforcing decisions, making personnel changes, fixing periods, prescribing forms, procuring supplies, hiring personnel, authorizing overtime pay, using technology, conducting public education campaigns, issuing subpoenas, and availing assistance from law enforcement agencies. (Sections 185-186)
- Disqualifications of Commission members are specified. (Section 187)

Election Contests
- The Commission shall be the sole judge of contests relating to elections, returns, and qualifications of interim Batasang Pambansa members and elective provincial/city officials. (Section 188)
- Procedures for filing election contest petitions, including deadlines, are outlined. (Sections 189-191)
- The Commission shall prescribe rules for election contest procedures and decide cases within 90 days. (Sections 192-193)
- Provisions for awarding moral and exemplary damages in election contests are included. (Sections 194-195)
- Appeal procedures for election contests are specified. (Sections 196-198)

Miscellaneous Provisions
- Provisions for registration of political parties are included. (Section 199)
- The Code shall not impair the Constitutional powers of the President. (Section 200)

Final Provisions
- A separability clause is included. (Section 201)
- The 1971 Election Code and other inconsistent laws are repealed. (Section 202)
- The decree shall take effect immediately. (Section 203)