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OMNIBUS ELECTION CODE
Batas Pambansa Blg. 881
December 3, 1985
Case Overview and Summary
Summary of the Omnibus Election Code of the Philippines:Definitions and General Provisions (Sections 1-12)
- Defines key terms like "election campaign", "partisan political activity", and "election period".
- Outlines obligations to register and vote, rules for postponing or failing to hold elections, and disqualifications for candidates.
Elections for President, Vice President, and Batasang Pambansa (Sections 13-28)
- Provides rules for regular and special elections for President, Vice President, and Members of the Batasang Pambansa (national legislature).
- Covers apportionment of representatives, voting procedures, canvassing, and proclamation of results.
- Outlines selection process for sectoral representatives (youth, agricultural labor, industrial labor).
Elections for Local Officials (Sections 29-36)
- Governs regular elections for provincial, city, municipal, and barangay (village) officials, held every 6 years.
- Covers rules for component cities, highly urbanized cities, and newly created political subdivisions.
- Provides for election of members of Regional Assemblies in Regions IX and XII.
Barangay Elections (Sections 37-51)
- Outlines rules for non-partisan barangay elections, held every 6 years.
- Covers procedures for filing certificates of candidacy, boards of election tellers, voting, canvassing, and proclamation.
- Prohibits political parties and other organizations from intervening in barangay elections.
Commission on Elections (Sections 52-59)
- Outlines powers and functions of the Commission on Elections (COMELEC).
- Covers COMELEC's authority over election officials, rules and regulations, investigations, and prosecutions.
- Establishes COMELEC field offices and qualifications for staff.
Political Parties (Sections 60-62)
- Defines "political party" and requirements for registration and accreditation.
- Prohibits registration of religious sects or parties seeking goals through violence.
Eligibility of Candidates and Certificate of Candidacy (Sections 63-78)
- Outlines qualifications for President, Vice President, Members of Batasang Pambansa, and local officials.
- Covers rules for filing and processing certificates of candidacy, including substitutions and cancellations.
- Allows for "guest candidates" nominated by parties they don't belong to.
Campaign and Election Propaganda (Sections 79-93)
- Defines "election campaign" and regulates partisan political activities outside the campaign period.
- Prohibits foreign intervention in elections and outlines rules for lawful election propaganda.
- Regulates removal or destruction of propaganda, requirements for published materials, prohibited forms of propaganda.
- Covers rules for rallies, meetings, use of public funds and facilities for campaigns.
- Mandates provision of free media time and space for candidates by COMELEC.
Electoral Contributions and Expenditures (Sections 94-112)
- Defines "contribution" and "expenditure" and outlines prohibited sources of contributions.
- Prohibits soliciting or receiving foreign contributions to influence elections.
- Sets limits on campaign expenditures by candidates and parties, and requires financial reporting.
- Prohibits certain activities for raising funds like dances, lotteries, and soliciting contributions.
- Requires disclosure of contractors and suppliers involved in electoral expenditures.
Registration of Voters (Sections 113-148)
- Establishes a permanent list of voters, with renewal every 12 years.
- Outlines qualifications and disqualifications for voters.
- Covers procedures for preparing the voter list, registering voters, voter identification, cancellations, and corrections.
- Allows for mail verification of registered voters by election registrars.
- Provides rules for annulment of voter lists and reconstitution of lost records.
Precincts and Polling Places (Sections 149-163)
- Defines election precincts as territorial units for voting, with rules on precinct size and arrangements.
- Covers designation of polling places and their requirements like guard rails and voting booths.
- Mandates provision of ballot boxes, forms, stationery, and materials by COMELEC.
- Requires inspection of polling places before elections.
Board of Election Inspectors (Sections 164-177)
- Provides for appointment of boards of election inspectors for each precinct.
- Outlines qualifications, powers, duties, and conduct of board members.
- Covers substitution procedures and rules for temporary vacancies on the board.
Watchers (Sections 178-180)
- Allows candidates, parties, and some organizations to appoint watchers for polling places.
- Outlines rights and duties of watchers, including observing proceedings and filing protests.
Official Ballots and Election Returns (Sections 181-190)
- Specifies requirements for official ballots, including size, color, watermarks, and contents.
- Allows use of emergency ballots if official ones are not received on time.
- Covers printing, distribution, and verification of official ballots and returns by COMELEC.
- Requires a committee to supervise printing, storage, and distribution of ballots and returns.
Casting of Votes (Sections 190-205)
- Outlines voting hours and procedures like obtaining ballots, preparing them, and depositing votes.
- Covers procedures for illiterate or disabled voters receiving assistance.
- Allows for challenges of illegal voters based on qualifications or illegal acts.
- Prohibits sale of liquor, opening stalls, holding fairs, etc. near polling places on election day.
Counting of Votes (Sections 206-220)
- Requires public counting of votes at polling places without interruption.
- Provides rules for dealing with excess, marked, folded, or misplaced ballots.
- Outlines procedures for reading, tallying, and appreciating ballots according to specified rules.
- Covers preparation of election returns and their disposition after counting.
- Allows retrieval of election returns from ballot boxes if needed for canvassing.
Canvass and Proclamation (Sections 221-240)
- Establishes boards of canvassers at provincial, city, municipal, and district levels.
- Outlines canvassing procedures, dealing with delayed or questionable returns, accrediting watchers.
- Covers procedures for ties, proclamation of winning candidates, and pre-proclamation controversies.
Pre-Proclamation Controversies (Sections 241-248)
- Defines pre-proclamation controversies and gives COMELEC exclusive jurisdiction over them.
- Allows COMELEC to suspend proclamations if warranted by evidence.
- Outlines procedures for COMELEC to resolve controversies over board composition, election returns, etc.
Election Contests (Sections 249-260)
- Gives COMELEC jurisdiction over contests relating to Batasang Pambansa and local officials.
- Covers procedures for filing election contests and petitions for quo warranto.
- Allows for judicial counting of votes and outlines appeals process.
- Permits awarding of actual or compensatory damages in contests.
Election Offenses (Sections 261-269)
- Defines a wide range of prohibited acts as election offenses, with penalties.
- Covers offenses related to vote buying, voter coercion, campaign violations, voter registration, voting, canvassing, candidacy, and more. (Sections 261-262)
- Outlines criminal liability for principals, accomplices, and accessories. (Section 263)
- Prescribes penalties of imprisonment, fines, disqualification from office, and deportation for foreigners. (Section 264)
- Gives COMELEC power to conduct investigations and prosecutions of election offenses. (Section 265)
- Prohibits arrests for election-related offenses without a court warrant, except in certain cases. (Section 266)
- Provides for preferential disposition of election offense cases by courts. (Section 269)
Legal Fees (Sections 270-271)
- Authorizes COMELEC to collect fees for services like providing transcripts, certificates, and conducting searches.
Transitory Provisions (Sections 272-279)
- Covers handling of pending actions, designation of pre-election acts, accreditation of opposition party, and party representatives.
- Provides rules for special elections before the 1987 presidential election.
- Addresses election of officials in existing sub-provinces.
Final Provisions (Sections 280-283)
- Authorizes COMELEC to reorganize its office within 12 months after the first election.
- Includes a separability clause and repeals inconsistent laws like the 1978 Election Code.
- Sets the effective date of the Code upon approval on December 3, 1985.
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OMNIBUS ELECTION CODE
Batas Pambansa Blg. 881
•December 3, 1985
BATAS PAMBANSA BLG. 881
OMNIBUS ELECTION CODE OF THE PHILIPPINES
ARTICLE IGENERAL PROVISIONS
Section 1. Title. - This Act shall be known and cited as the "Omnibus Election Code of the Philippines."
Section 2. Applicability. - This Code shall govern all election of public officers and, to the extent appropriate, all referenda and plebiscites.
Section 3. Election and campaign periods. - Unless otherwise fixed in special cases by the Commission on Elections, which hereinafter shall be referred to as the Commission, the election period shall commence ninety days before the day of the election and shall end thirty days thereafter.
The period of campaign shall be as follows:
1. Presidential and Vice-Presidential Election - 90 days;
2. Election of Members of the Batasang Pambansa and Local Election - 45 days; and
3. Barangay Election - 15 days.
The campaign periods shall not include the day before and the day of the election.
However, in case of special elections under Article VIII, Section 5, Subsection (2) of the Constitution, the campaign period shall be forty-five days....
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