PRESIDENTIAL DECREE No. 1296 [Article I-Article X]

ENACTING "THE 1978 ELECTION CODE"

WHEREAS, the 1976 Amendments to the Constitution abolished the interim National Assembly and in lieu thereof created the interim Batasang Pambansa, the members of which "include the incumbent President of the Philippines, representatives elected from the different regions of the nation, those who shall not be less than eighteen years of age elected by their respective sectors, and those chosen by the incumbent President from the members of the Cabinet";

WHEREAS, the elective local officials whose terms of office expired on December 31, 1975 were allowed to continue in office, subject to the pleasure of the President;

WHEREAS, elections to enable the people to choose the officials who shall manage the affairs of government in the national and local levels may now be held;

WHEREAS, there is a need to promulgate a new election code to govern the conduct of elections under the 1973 Constitution and its amendments, codify the laws on the matter, repeal obsolete ones and ensure the holding of free, orderly and honest elections, in consonance with the theory and practice of the New Society;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby promulgate the following Decree as part of the law of the land:

ARTICLE I

GENERAL PROVISIONS

Section 1. Title. This Decree shall be known and cited as "The 1978 Election Code."

Section 2. Applicability. This Code shall govern the election of the members of the interim Batasang Pambansa and, to the extent appropriate, elections for local officials, referenda and plebiscites.

Section 3. Date of election. The election for regional representatives in the interim Batasang Pambansa shall be held on April 7, 1978.

Section 4. Election and campaign periods. The election period shall be fixed by the Commission on Elections in accordance with Section 6, Article XII (C) of the Constitution. The period of campaign shall not be more than forty-five days immediately preceding the election, excluding the day before and the day of the election: Provided, That for the election of representatives to the interim Batasang Pambansa, the period of campaign shall commence on February 17, 1978 except that no election campaign or partisan political activity may be conducted on March 23 and 24, 1978.

Section 5. Obligation to register and vote. It shall be the obligation of every citizen qualified to vote, to register and cast his vote. Only voters duly registered as such shall be entitled to vote.

Section 6. 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 cause of such a nature that the holding of a free, orderly and honest election should become impossible in any voting center or political subdivision, the Commission on Elections, which hereinafter shall be referred to as 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.

Section 7. Failure of election. If, on account of force majeure, violence, terrorism, or fraud the election in any voting center has not been held on the date 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 voting center would affect the result of the 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.

Section 8. Call of special election. Special election shall be called by the Commission by proclamation on a date to be fixed by it, which shall specify the offices to be voted for, that it is for the purpose of filing 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 election supervisor or city election registrar concerned, who in turn shall publish it in their respective localities, by posting copies thereof in at least three conspicuous places in the city or in each municipality in the building, the public market, and his office, and one copy each in every voting center in the city or province.

Pending an election to fill a vacancy arising from any cause in the interim Batasang Pambansa, the vacancy shall be filled by majority vote of the Members of the interim Batasang Pambansa on nomination of the President.

Section 9. Election Code to be available in voting centers. A printed copy of this Code in English or in the national language shall, whenever possible, be made available in every voting center on voting day, in order that it may be readily consulted by any person in need thereof.

Section 10. Official mail and telegrams regarding elections. Papers connected with the election 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 Postmaster General and the Director of the Bureau of Telecommunications to transmit immediately and in preference to all other communications or telegrams message reporting election results and such other messages or communications which the Commission may require or may be necessary to ensure free, honest and orderly elections.

ARTICLE II

COMPOSITION AND APPORTIONMENT OF THE MEMBERS OF THE INTERIM BATASANG PAMBANSA

Section 11. Composition. The interim Batasang Pambansa shall be composed of the incumbent President of the Philippines, representatives elected from the different regions of the nation, those who shall not be less than eighteen years of age elected by their respective sectors, and those chosen by the incumbent President from the members of the Cabinet.

Section 12. Apportionment of regional representatives. There shall be 160 regional representatives to the interim Batasang Pambansa apportioned among the thirteen regions of the nation in accordance with the number of their respective inhabitants and on the basis of a uniform and progressive ratio as follows:

Region I, 12 representatives, consisting of the following provinces: Abra; Benguet, including the City of Baguio; Ilocos Norte, including Laoag City; Ilocos Sur; La Union; Mt. Province; and Pangasinan, including the Cities of Dagupan and San Carlos;

Region II, 7 representatives, consisting of the following provinces: Batanes; Cagayan; Ifugao; Isabela; Kalinga-Apayao; Nueva Vizcaya; and Quirino;

Region III, 16 representatives, consisting of the following provinces: Bataan; Bulacan; Nueva Ecija, including the Cities of Cabanatuan, Palayan and San Jose; Pampanga, including Angeles City; Tarlac; and Zambales, including Olongapo City;

Region IV, 19 representatives, which comprises Metro Manila as follows: Cities of Manila; Quezon; Caloocan; and Pasay; and the municipalities of Valenzuela, Malabon, Navotas, Makati, Parañaque, Las Piñas, Mandaluyong, San Juan, Pasig, Muntinlupa, Marikina, Pateros and Taguig;

Region IV-A, 20 representatives, consisting of the following provinces: Batangas, including the Cities of Batangas and Lipa; Cavite, including the Cities of Cavite, Tagaytay and Trece Martires; Laguna, including San Pablo City; Marinduque; Occidental Mindoro; Oriental Mindoro; Palawan, including Puerto Princesa City; Quezon, including Lucena City; Rizal; and Romblon;

Region V, 12 representatives, consisting of the following provinces: Albay, including Legaspi City; Camarines Norte, Camarines Sur, including the Cities of Iriga and Naga; Catanduanes, Masbate; and Sorsogon;

Region VI, 16 representatives, consisting of the following provinces: Aklan, Antique, Capiz, including Roxas City, Iloilo, including Iloilo City; and Negros Occidental, including the Cities of Bacolod, Bago, Cadiz, La Carlota, San Carlos and Silay;

Region VII, 13 representatives, consisting of the following provinces: Bohol, including Tagbilaran City; Cebu, including the Cities of Cebu, Lapu-Lapu, Mandaue, Toledo and Danao; Negros Oriental, including the Cities of Bais, Canlaon and Dumaguete; and Siquijor;

Region VIII, 10 representatives, consisting of the following provinces: Leyte, including the City of Ormoc and Tacloban; Southern Leyte; Eastern Samar, Northern Samar; and Samar, including Calbayog City;

Region IX, 8 representatives, consisting of the following provinces: Basilan; Sulu; Tawi-Tawi; Zamboanga del Norte, including the Cities of Dapitan and Dipolog; and Zamboanga del Sur, including the Cities of Pagadian and Zamboanga;

Region X, 9 representatives, consisting of the following provinces: Agusan del Norte, including Butuan City; Agusan del Sur; Bukidnon; Camiguin; Misamis Occidental, including the Cities of Oroquieta, Ozamis and Tangub; Misamis Oriental, including the Cities of Cagayan de Oro and Gingoog; and Surigao del Norte, including Surigao City;

Region XI, 10 representatives, consisting of the following provinces: Surigao del Sur; Davao del Norte; Davao Oriental; Davao del Sur, including Davao City; and South Cotabato, including General Santos City;

Region XII, 8 representatives, consisting of the following provinces: Lanao del Norte, including Iligan City; Lanao del Sur, including Marawi City; Maguindanao, including Cotabato City; North Cotabato; and Sultan Kudarat.

The foregoing apportionment shall not be considered a precedent in connection with the reapportionment of representative districts for the regular National Assembly under Section 2, Article VIII and Section 6, Article XVII of the Constitution.

Notwithstanding the foregoing provisions, the number of regional representatives for any region shall not be less than the number of representative districts therein existing at the time of the ratification of the Constitution. There are also allotted two additional seats for regional representatives to Region IV in view of inhabitants, such as students, in the region not taken into account in the 1975 census.

Section 13. Sectoral representatives. There shall be three sectors to be represented in the interim Batasang Pambansa, namely: (1) youth; (2) agricultural labor; and (3) industrial labor to be elected in the manner herein provided. Each sector shall be entitled to four sectoral representatives, two of whom shall come from Luzon, one from Visayas, and one from Mindanao: Provided, That the youth sector shall be entitled to two additional sectoral representatives who shall be elected from any region.

ARTICLE III

ELECTION OF REGIONAL REPRESENTATIVES

Section 14. Voting by region. Each region shall be entitled to such number of regional representatives as are allotted to it in Section 12 of Article II hereof. All candidates for regional representatives shall be voted upon at large by the registered voters of their respective regions. The candidates receiving the highest number of votes from the entire region shall be declared elected.

ARTICLE IV

ELECTION OF SECTORAL REPRESENTATIVES

Section 15. Sectors are national aggrupations. The sectors named in Section 13 of Article II hereof shall be considered as national aggrupations and as such shall elect their respective national representatives to the interim Batasang Pambansa through their own Electoral Councils which shall be constituted in the manner hereinafter provided.

Section 16. Delegates from provinces to the electoral councils. At any time after the date of the election fixed herein, but not later than twenty days, the Kagawads representing agricultural labor, industrial labor and youth in the Sangguniang Bayan or Panlungsod of the municipalities and cities in every province shall meet at the provincial capital and, subject to the supervision of the Commission or its authorized representatives, shall choose from among themselves one delegate of their sector to their respective Electoral Councils.

The meetings of the sectoral Kagawads shall be held separately at a time and place to be designated by the Commission or its authorized representatives. A majority of all the Kagawads of each sector shall constitute a quorum. The Kagawads obtaining the highest number of votes shall be the provincial delegate of the sector to the corresponding Electoral Council.

In the case of Metro Manila (Region IV), the members of the agricultural and industrial labor sectors in every barangay, if any, upon call of the barangay captain and under the supervision of the Commission, shall choose one Kagawad each for their respective sectors. The sectoral Kagawads elected shall meet on a date and at a place designated by the Commission to choose from among themselves ten delegates each to their respective Electoral Councils.

In the case of the youth sector in Metro Manila, the President of the Kabataang Barangay in the four cities and thirteen municipalities shall likewise elect from among themselves ten delegates or the youth sector to their Electoral Council.

Upon call of the Commission which shall be made not later than twenty days after the date of the election fixed herein and at such time as it may determine, existing national aggrupations of industrial labor and agricultural labors as accredited by the Department of Labor, and the Department of Agriculture and Department of Agrarian Reform, respectively, shall elect to their Electoral Councils ten delegates for their respective sectors. The election shall be under the supervision of the Commission.

Section 17. Election and proclamation of sectoral members. The delegates of each sector shall, upon call of the Commission, convene in Manila to elect from among those sectoral members who have filed their certificates of candidacy two representatives from each sector from Luzon, one from Visayas, and one from Mindanao. The delegates of the youth sector shall also elect the two additional representatives of their sector provided in Section 13, Article II of this Code. The Commission shall supervise the conduct of the election and proclaim the results thereof.

ARTICLE V

ELIGIBILITY AND CERTIFICATE OF CANDIDACY

Section 18. Qualifications for members of the interim Batasang Pambansa. No person shall be a member of the interim Batasang Pambansa unless he is a natural-born citizen of the Philippines, a registered voter, able to read and write and, on the day of the election, is at least twenty-five years of age in the case of a regional representative, and eighteen years of age in the case of a sectoral representative. In the case of the youth sectoral representative, he shall not be more than twenty-five years of age.

Section 19. Certificate of candidacy. No person shall be elected regional or sectoral representative in the interim Batasang Pambansa unless he files a sworn certificate of candidacy within the period fixed herein.

No person shall be eligible for more than one office to be filed in the same election, and if he filed 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 for filing certificates of candidacy, the candidate who has filed several certificates of candidacy may declare under oath the office for which he desires to be eligible and cancel certificate or certificates of candidacy for the other office or offices.

The filing of a certificate of candidacy shall not affect whatever civil, criminal or administrative liabilities which a candidate may have incurred.

Section 20. Contents of certificate of candidacy. The certificate of candidacy shall state that the person filing it is announcing his candidacy for the office stated therein and that he is eligible for said office; if for representative in the interim Batasang Pambansa, the region or sector which he seeks to represent; whatever he is filing it as a nominee of a political party, group or aggrupation; the political party, group or aggrupation to which he belongs, if any; civil status, and if married, the full name of his or her spouse; his date of birth; residence; his post office address for all election purposes; his profession or occupation; 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 the 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 his certificate of candidacy the name by which of 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 in the locality. A certificate of candidacy not in accordance with this provision shall not be accepted.

Section 21. Other requirements. The person filing a certificate of candidacy shall also submit two copies of his latest photograph, passport size; a statement in duplicate containing his bio-data and program of government not exceeding one hundred words, for inclusion in the "COMELEC Bulletin".

Section 22. Ineligibility of person found disloyal to the Government. Any person found guilty in a final judgment or order of a competent court or tribunal of any crime involving disloyalty to the duly constituted Government such as rebellion, sedition, violations of the anti-subversion and firearms laws, and crimes against the national security shall not, unless restored to his full civil and political rights in accordance, with law, be eligible and the certificate of candidacy shall not be given due course nor shall the votes cast in his favor be counted. In the event his final conviction comes after his election, he shall automatically cease in office.

Section 23. 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, each candidate, upon being made aware of such fact, shall state his paternal and maternal surname, except the incumbent who may continue to use the name and the surname stated in his certificate of candidacy when he was elected.

Section 24. Filing and distribution of certificates of candidacy. The certificates of candidacy shall be filed not later than the day before the beginning of the campaign period fixed by the Commission: Provided, That certificates of candidacy for representatives to the interim Batasang Pambansa shall be filed not later than February 17, 1978.

The certificate of candidacy for sectoral representatives shall be filed with the Commission. The certificate of candidacy for regional representatives shall be filed with the Regional Election Director having jurisdiction over the region.

The Regional Election Director shall immediately send the original of all certificates of candidacy received by him to the Commission. The Commission shall send copies thereof or a certified list of candidates to the provincial election supervisors for distribution to the city and municipal election registrars of the province who shall in turn immediately forward copies thereof to the voting centers.

Section 25. Ministerial duty of receiving and acknowledging receipt. The Regional Election Director shall have the ministerial duty to receive the certificate of candidacy herein referred to and to immediately acknowledge receipt thereof.

Section 26. Nuisance candidates. The Commission may, motu propio or upon verified petition of an interested party, refuse to give due course to a certificate of candidacy if it is shown that said certificate has been filed to cause confusion among the voters by the similarity of the names of the registered candidates or by other circumstances 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 27. Withdrawal or cancellation of certificates of candidacy. No certificate of candidacy duly filed shall be considered withdrawn or canceled unless the candidate files with the office which received the certificate of candidacy or with the Commission, a sworn statement of withdrawal or cancellation at any time before the day of election.

Section 28. Candidates in case of death, withdrawal or disqualification of another. If, after the last day of filing certificates of candidacy, a candidates with a certificate of candidacy duly filed should die, withdraw or be disqualified for any cause, any voter qualified for the office may file his certificate of candidacy for the office for which the deceased, the candidate who has withdrawn, 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, withdrawal or disqualification should occur between the day before the election and with any election committee in the political subdivision where he is a candidate: Provided, however, That if the candidate who died, withdrew or was disqualified is the official candidate of a political party, group or aggrupation, only a person belonging to, and certified by, the same political party, group or aggrupation may file a certificate of candidacy for the same office.

Section 29. Candidates 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 officers and employees in government-owned or controlled corporations, shall ipso facto cease in his office or position on the date he files his certificate of candidacy. Members of the Cabinet shall continue in the offices they presently hold notwithstanding the filing of certificate of candidacy, subject to the pleasure of the President of the Philippines.

Section 30. Candidates holding political office. Governors, mayors, members of the various sanggunians, or barangay officials, shall, upon filing of a certificate of candidacy, be considered on forced leave of absence from office.

ARTICLE VI

WATCHERS

Section 31. Official watchers of candidates. Each registered political party, group or aggrupation shall be entitled to not more than three watchers in every voting center and independent candidates to one watcher each.

No person shall be appointed watcher unless he is a qualified voter of the city or municipality, of good reputation, shall not have been convicted of any election offense or of any other crime, and must know how to read and write Filipino, English or the local dialect, and not related within the fourth civil degree of affinity or consanguinity to the chairman or any member of the citizens election committee of the voting center where he is a watcher.

Each candidate shall designate in every province, city, municipality or municipal district his representative authorized to appoint watchers, furnishing the Regional Election Director a copy of the list of such persons for the entire region.

Section 32. Commission may authorize other watcher. Civil, religious, business, youth and other similar organizations, upon previous authorization by the Commission, shall be entitled collectively to appoint one watcher in every voting center with the same powers as herein provided.

Section 33. Duties and prerogatives of watchers. Upon entering the voting center, the watcher shall present and deliver to the chairman of the citizens election committee his appointment and forthwith his name shall be recorded in the minutes. The appointment of the watcher shall bear the personal signature or the facsimile signature of the registered candidate who appointed him. The watchers shall have the right to stay in the space reserved for them inside the voting center. They shall have the right to witness and inform themselves of the proceedings of the citizens election committee, to take notes of what they may see or hear, to file a protest against any irregularity which they believe may have been committed by the committee, to obtain from the committee a certificate as to the filing of such protest or of the resolution thereon, and to read the ballots after they have been read by the chairman as well as the election returns after they have been completed and signed by the members of the committee without touching them, but they shall not speak to any member of the committee.

ARTICLE VII

CAMPAIGN AND ELECTION PROPAGANDA

Section 34. Definitions. As used in this Code:

• (a) The term "candidate" refers to any person aspiring for or seeking an elective public office, regardless of whether or not said person had already filed his certificate of candidacy or had been nominated by any political party, group or aggrupation;

• (b) The term "election campaign" or "partisan political activity" refers to an act designed to have a candidate elected or not to promote the candidacy of a person or persons to a public office which shall include:

  • (1) Forming organizations, associations, clubs, committees or other groups of persons for the purpose of soliciting votes and/or undertaking any campaign or propaganda for or against a candidate;

  • (2) Holding political caucuses, conferences, meetings, rallies, parades, or other similar, assemblies, for the purpose of nominating candidates, soliciting votes and/or undertaking any campaign or propaganda for or against a candidate;

  • (3) Making speeches, announcements or commentaries, or holding interviews for a against the election of any candidate for public office;

  • (4) Printing, importing, publishing or distributing campaign literature or materials;

  • (5) Directly or indirectly soliciting votes, pledges or support for or against a candidate;

  • (6) Giving, soliciting, or receiving contributions for election campaign purposes, either directly or indirectly: Provided, That simple expressions of opinions and thoughts concerning the election shall not be considered as part of an election campaign: Provided, further, That nothing herein stated shall be understood to prevent any person, which shall be understood to include officers and employees of government-owned or controlled corporations, from expressing his views on current political problems or issues, or from mentioning the names of the candidates for public office whom he supports.

Section 35. Election campaign or partisan political activity outside campaign period. It shall be unlawful for any person, whether or not a voter or candidate, or for any party, group, aggrupation or association of persons, to engage in an election campaign or partisan political activity except during the campaign period or, in special cases, during the period fixed by the Commission: Provided, however, That political parties, groups or aggrupations shall be allowed to hold political conventions, primaries or meetings to nominate their official candidates within a reasonable period fixed by the Commission before the start of the campaign period.

Section 36. Intervention of foreigners. It shall be unlawful for any foreigner, whether juridical or natural person, to aid any candidate or political party, group or aggrupation directly or indirectly, or take part in or influence in any manner any election, or to contribute or make any expenditure in connection with any election campaign or partisan political activity.

Section 37. Lawful election propaganda. Lawful election propaganda shall include:

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

• (b) Handwritten or printed letters urging voters to vote for or against any particular candidate;

• (c) Cloth, paper or cardboard posters, whether framed or posted, 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 feet 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;

• (d) All other forms of election propaganda not prohibited by this Code as the Commission may authorize: 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.

Section 38. Requirements for published or printed election propaganda. Any newspaper, newsletter, newsweekly, gazette or magazine advertising, posters, pamphlets circulars, handbills, bumper stickers, streamers, simple list of candidates or any published or printed political matter for or against a candidate or group of candidates to any public office shall bear and be identified by the words "paid for by" followed by the true and correct name and address of the payor and by the words "printed by" followed by the true and correct name and address of the printer.

Section 39. Prohibited forms of election propaganda. It shall be unlawful:

• (a) To erect, put up, 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;

• (b) To purchase, manufacture, request or distribute electoral propaganda gadgets such as pens, lighters, fans, of whatever nature, flashlights, athletic goods or materials, wallets, matches, cigarettes and the like;

• (c) To show or display publicly any advertisement or propaganda for or against any candidate by means of cinematography, audio-visual units or other screen projections except telecasts which may be allowed as hereinafter provided; and

• (d) For any radio broadcasting or television station to sell or give free of charge air time for campaign and other political purposes except as authorized in this Code under 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 40. Removal, destruction or defacement of lawful election propaganda prohibited. It shall be unlawful for any person during the campaign period to remove, destroy, obliterate, or in any manner deface or tamper with, or prevent the distribution of lawful election propaganda as authorized in Section 37 of this Code.

Section 41. Regulation of election propaganda through mass media. (a) The Commission shall promulgate rules and regulations regarding the sale of air time for political purposes during the campaign period to insure that time equal as to duration and quality is available to all candidates for the same office or political parties, groups or aggrupations at the same rates or given free of charge; that such rates are reasonable and not higher than those charged other buyers or users of air time for non-political purposes; that the provisions of this Code regarding the limitation of expenditures by 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 or political party, group or aggrupation by unduly or repeatedly referring to or including said candidate and/or political party, group or aggrupation 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.

• (b) 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 the candidate concerned or by the duly authorized representative of the political party, group or aggrupation.

• (c) No franchise or permit to operate a radio or television station 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 equal opportunities under equal circumstances to make known their qualifications and their stand on public issues within the limits set forth in this Code on election spending.

Section 42. Individual public rally. Any candidate must notify the election registrar concerned of any public rally he intends to organize in the city, municipality or municipal district, and within two days thereafter, submit to said election registrar a statement of expenses incurred in connection therewith.

Section 43. Rallies, meetings, house-to-house campaign, other political activities. Subject to the provisions of existing laws, any candidate may hold individually, or jointly with other aspirants, peaceful rallies, meetings, house-to-house campaign or other similar political activities during the campaign period.

Section 44. Transportation, food and drinks. It is unlawful for any candidate, political party, group or aggrupation, organization, voter or any other person to give or accept, free of charge, directly or indirectly, transportation, food, or drinks or things of value during a public meeting in favor of or against any or several candidates and during the three hours before and after such meeting, on the day preceding the election and on the day of the election; or to give or contribute, directly or indirectly, money or things of value for such purpose.

Section 45. COMELEC Space. Whenever practicable, the Commission shall procure space in newspapers, magazines and periodicals which shall be known as "COMELEC Space" wherein candidates can announce or further their candidacy. Said space shall be allocated, free of charge, equally or impartially by the Commission among all candidates within the area in which the newspapers, magazines and periodicals are circulated. To this end, the Commission shall endeavor to obtain free space from newspapers, magazines and periodicals.

Section 46. COMELEC Time. The Commission shall procure radio and television time to be known as "COMELEC Time" which shall be allocated equally and impartially among candidates within the area of coverage of said radio and television stations. For this purpose, the franchises of all radio broadcasting and television stations are hereby amended so as to require such stations to furnish the Commission radio or television time, free of charge, during the period of the campaign, at least once but not oftener than every other day.

Section 47. COMELEC Information Bulletin. The Commission may cause the printing, and supervise the dissemination of bulletins to be known as "COMELEC Bulletin" which shall be of such size as to adequately contain the picture, bio-data and program of government of every candidate. Said bulletins shall be disseminated to the voters or displayed in such places as to give due prominence thereto. Any candidate may reprint, at his expense, any "COMELEC Bulletin" upon prior authority of the Commission: Provided, That said reprint shall be an exact replica of the original and shall bear the name of the candidate causing the reprint and the name of the printer.

Section 48. Free public discussions and debates. The barangays and sanggunians shall encourage free, full and constructive discussions and exchange of views on the qualifications, competence, programs or platforms of the candidates and other similar issues including the holding of meetings and rallies and, to this end, may extend, without discrimination, assistance to said candidates especially in the distribution of propaganda materials and other similar activities of the campaign.

Any candidate or his supporter who is duly registered voter in the constituency in which said candidate is seeking election, shall not be questioned for any speech, remark or statement in any discussion or debate intended to enlighten the electorate on the qualifications, competence, programs or platforms or other similar issues of the candidates or political parties, groups or aggrupations; or for any view for or against any or all of such issues made in public rallies, or debates or in other forms of communications, radio or television. Such remarks, statements or views shall not be admissible as evidence in any investigation or suit against the person or persons making them, except in appropriate suits for libel, defamation, slander or for an offense involving disloyalty to the duly constituted Government.

The printing of pamphlets, posters, handbills and other printed materials designed to enlighten the electorate on the matter cited in the preceding paragraphs, and the dissemination or circulation of these materials shall be allowed and in no way restricted: Provided, however, That any printed materials shall not be allowed to be disseminated or circulated if it does not indicate the real name and correct address of the author thereof as well as the name and address of the printer: Provided, further, That the Commission shall, upon petition of any person, and after due notice and hearing, take all necessary measures to prevent the dissemination or circulation of propaganda materials the contents of which are clearly irrelevant to the issues mentioned herein or which are patently libelous against any person or persons or which tend to undermine the allegiance or obedience of the citizens to duly constituted authorities. Such lawful propaganda materials shall likewise be inadmissibles as evidence in any investigation or suit against any person or persons printing, publishing or circulating them except in appropriate suits for libel, defamation, slander or for an offense involving disloyalty to the only constituted Government.

ARTICLE VIII

SAFEGUARDS AGAINST CORRUPT AND IRREGULAR ELECTION PRACTICES

Section 49. Definitions. As used in this Code:

• (a) The term "contribution" includes a gift, donation, subscription, loan, advance or deposit of money or anything of value, or a contract, promise or agreement to contribute, whether or not legally enforceable, made for the purpose of influencing the results of the election, but shall not include services rendered without compensation by individuals volunteering a portion or all of their time in behalf of a candidate or political party, group or aggrupation. It shall also include the use of facilities voluntarily donated by other persons, the money value of which can be assessed based on the rates prevailing in the area.

• (b) The term "expenditure" includes the payment or delivery of money or anything of value, or a contract, promise or agreement to make an expenditure, whether or not legally enforceable, for the purpose of influencing the results of the election. It shall also include the use of facilities personally owned by the candidate, the money value of the use of which can be assessed based on the rates prevailing in the area.

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

Section 50. Change of periods. The Commission is hereby authorized to fix the appropriate period for the various prohibited acts enumerated in this Code consistent with the requirements of free, orderly, and honest elections.

Section 51. Limitations upon expenses of candidates. No candidate shall spend for his election campaign an amount more than the salary or the equivalent of the total emoluments for one year attached to the office for which he is a candidate: Provided, That the expenses herein referred to shall include those incurred by the candidate, his contributors and supporters, whether in cash or in kind, including the use, rental or hire of land, water or air craft, equipment, facilities, apparatus and paraphernalia used in the campaign: Provided, further, That, where the land, water or air craft, equipment, facilities, apparatus and paraphernalia used is owned by the candidate, his contributor or supporter, the Commission is hereby empowered to assess the amount commensurate with the expenses for the use thereof, based on the prevailing rates in the locality and shall be included in the total expenses incurred by the candidate.

In the case of candidates for the interim Batasang Pambansa, they shall not spend more than sixty thousand pesos for their election campaign.

Section 52. Limitation upon expenses of political parties, groups or aggrupations. A political party, group or aggrupation may not spend for the election of its candidates in the constituency or constituencies where it has official candidates an aggregate amount more than the equivalent of fifty centavos for every voter currently registered therein: Provided, That expenses incurred by such political party, group or aggrupation not duly registered with the Commission and/or not presenting or supporting a complete list of candidates shall be considered as expenses of its candidates and subject to the limitation under Section 51 of this Code. Expenses incurred by branches, chapters or committees of a political party, group or aggrupation shall be included in the computation of the total expenditures of the political party, group or aggrupation.

Section 53. Lawful expenditures. To carry out the objectives of the preceding sections, no candidate or his duly authorized representative, or treasurer of a political party, group or aggrupation shall, directly or indirectly, make any expenditure except for the following purposes:

• (a) For traveling expenses of the candidates and campaign personnel in the course of the campaign and for personal expenses incident thereto;

• (b) For compensation of campaigners, clerks, stenographers, messengers, and other persons actually employed in the campaign;

• (c) For telegraph and telephone tolls, postage, freight and express delivery charges;

• (d) For stationery, printing and distribution of printed matters relative to candidacy;

• (e) For employment of watchers at the polls;

• (f) For rent, maintenance and furnishing of campaign headquarters, office or place for meetings;

• (g) For political meetings and rallies and the use of sound systems, lights and decorations during said meetings and rallies;

• (h) For newspaper, radio, television and other public advertisements;

• (i) For employment of counsel;

• (j) For copying and classifying list of voters, investigating and challenging the right to vote of persons registered in the lists; and

• (k) For printing sample ballots in such color, size and maximum number as may be authorized by the Commission and the cost of such printing shall not be taken into account in determining the amount of expenses which a candidate, political party, group or aggrupation may have incurred under Sections 51 and 52 hereof.

Section 54. Persons authorized to incur election expenditures. No person, except the candidate or any person authorized by him or the treasurer of a political party, group or aggrupation shall make any expenditure in support of, or in opposition to any candidate or political party, group or aggrupation. Expenditures duly authorized by the candidate of the treasurer of the party, group or aggrupation shall be considered as expenditure of such candidate or political party, group or aggrupation.

The authority to incur expenditures shall be in writing, copy of which shall be furnished the Commission, signed by the candidate or the treasurer of the party, group or aggrupation and showing the expenditure so authorized, and shall state the full name and exact address of the person so designated.

Section 55. Accounting by agents of candidates. Every person receiving contributions or incurring expenditures by authority of the candidate or treasurer of the party, group or aggrupation shall, on demand by the candidate or his representative or treasurer of the party, group or aggrupation and in any event within five days after receiving such contribution or incurring such expenditure, render to the candidate or the treasurer of the party, group or aggrupation concerned, a detailed account thereof with proper vouchers of official receipts.

Section 56. Records of receipts and expenditures. (a) It shall be the duty of every candidate, treasurer of the political party, group of aggrupation, and person acting under the authority of such candidate or treasurer of the party, group or aggrupation to issue a receipt of every contribution received exceeding one hundred pesos and to obtain and keep a receipt stating the particulars of every expenditure exceeding ten pesos.

• (b) Every candidate and treasurer of the party, group or aggrupation shall keep detailed, full and accurate records of all receipts, contributions received, and expenditures incurred by him and by those acting under his authority, setting forth therein all information required to be reported.

• (c) Every candidate and treasurer of the party, group or aggrupation shall be responsible for the preservation of the records of receipts and expenditures, together with all pertinent documents, 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 duly authorized representative, or upon presentation of a subpoena duces tecum duly issued by the Commission. Failure by the candidate or treasurer to preserve such records or documents shall be deemed prima facie evidence of violations of this provision.

Section 57. Statement of receipts and expenditures. Every candidate and treasurer of the political party, group or aggrupation shall, not later than seven days or earlier than ten days before the day of the election, file in duplicate with the office indicated in the following section, full, true and itemized statements of all receipts and expenditures in connection with the election.

Within thirty days after the day of the election, said candidate and treasurer shall also file in duplicate a supplemental statement of all receipts and expenditures not included in the statement filed prior to the day of the election.

Section 58. Place for filing statements. The statement of receipts and expenditures of a candidate for regional representative shall be filed with the Regional Election Director of the Commission, and that of a candidate for sectoral representative shall be filed with the Commission.

The Regional Election Director shall, within fifteen days after the last day for the filing of the statements, send to the Commission the duplicate copies of all statements filed with him.

Section 59. Form and contents of statement. The statement shall be in writing, subscribed and sworn to by the candidate or by the treasurer of the party, group or aggrupation, shall be complete as of the date next preceding the date of filing, and shall set forth in detail (a) the amount of every receipt, the date of receipt, and the full name and exact address of the person from whom the contribution was received; (b) the amount of every expenditure, the date thereof, the full name and exact address of the person to whom payment was made, and the purpose of the expenditure; (c) any unpaid debt or obligation, its nature and amount, and to whom said debt or obligation is owing; and (d) such other particulars which the Commission may require.

If the candidate or treasurer of the party, group or aggrupation has no receipt, expenditures or unpaid debts or obligations, the statement shall reflect such fact.

Section 60. Preservation and inspection of statement. All statements of receipts and expenditures shall be kept and preserved at the office where they are filed and shall constitute part of the public records thereof for three years after they are filed. They shall not be removed therefrom except upon order of the Commission or of a competent court and shall, during regular office hours, be subject and open to inspection by the public. The officer-in-charge thereof, shall, on demand, furnish certified copies of any statement upon payment of reasonable fees which the Commission may prescribe.

Section 61. Effect of failure to file statement. In addition to other sanctions provided in this Code, no person elected to any public office shall enter upon the duties of his office until he has filed the statement of receipts and expenditures herein required.

Section 62. Limitation of contribution to candidate. No person shall make any contribution to any candidate in excess of an amount or value which, if added to the other contributions received or expenses incurred by the candidate, exceed the amount allowed under Section 51 hereof. For this purpose, it shall be the duty of the candidate to inform the contributor of the amount he may lawfully contribute.

No contribution shall be made except directly to the candidate or his representative authorized in writing by the candidate.

No candidate shall accept any contributions in violation hereof.

Section 63. Prohibited donations by candidates, treasurers of parties, groups or aggrupations or their agents. No candidate, his or her spouse or any relative within the second civil degree of consanguinity or affinity, or his campaign manager, agent or representative shall, during the campaign period, on the day before and on the day of the election, directly or indirectly, make any donation, contribution or gift in cash or in kind, or undertake or contribute to the construction of roads, bridges, schoolhouses, puericulture centers, medical clinics and hospitals, churches or chapels, cement pavements, or any structure for public use or for the use of any religious or civic organization: Provided, That normal and customary religious dues or contributions, such as religious stipends, tithes, or collections on Sundays 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 the prohibition.

The same prohibition applies to treasurers and agents or representatives of any political party, group or aggrupation.

Section 64. Prohibited raising of funds. It shall be unlawful for any person to hold dances, lotteries, cockfights, games, boxing bouts, bingo, beauty contests, entertainment or cinematographic, theatrical, or other performances from the commencement of the election period up to and including election day, for the purpose of raising funds for an election campaign or for the support of any candidate; or for any person or organization, whether civic or religious, directly or indirectly, to solicit and/or accept from any candidate for public office, or from his campaign manager, agent or representative, or any person acting in their behalf, any gift, food, transportation, contribution or donation in cash or in kind during the aforementioned period: Provided, That normal and customary religious stipends, tithes, or collections on Sundays and/or other designated collection days, are excluded from this prohibition.

Section 63. Prohibited contributions. No contribution shall be made directly or indirectly by any of the following:

• (a) Corporations or associations, or any officer or agent thereof: Provided, however, That nothing herein shall prevent the making of any loan to a candidate or political party, group or aggrupation by any corporation or association legally in the business of lending money, provided that the loan is made in accordance with laws and regulations and in the ordinary course of business;

• (b) Natural and juridical persons operating a public utility or in possession of or exploiting any natural resources of the nation;

• (c) Natural and juridical persons who hold contracts or sub-contracts to supply the government or any of its divisions, subdivisions or instrumentalities, with goods or services or to perform construction or other works;

• (d) Natural and juridical persons who have been granted franchises, 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;

• (e) Natural and juridical persons who, within one year prior to the date of the election, have been granted loans in excess of P25,000 by the government or any of its divisions, subdivisions or instrumentalities including government-owned or controlled corporations;

• (f) Officials or employees in the civil service, or members of the Armed Forces of the Philippines; and

• (g) Foreigners and foreign corporations.

It shall be unlawful for any person to solicit or receive any contribution from any of the persons or entities enumerated herein.

Section 66. True name of contributor required. No person shall make any contribution in any name except his own nor shall any candidate, or treasurer of the party, group or aggrupation receive a contribution or enter or record the same in any name other than that of the person by whom it was actually made.

Section 67. Soliciting or receiving contributions from foreign governments. It shall be unlawful for any person, including a political party, group or aggrupation or public or private entity, to solicit or receive, directly or indirectly, any aid or contribution of whatever form or nature from any foreign national, government or entity for political purposes.

Section 68. Report of contributions. Every person giving contributions aggregating one hundred pesos or more, to any candidate or treasurer of the party, group or aggrupation shall, not later than thirty days after the day of the election, file with the Commission a report under oath stating the amount of each contribution, the name of the candidate or agent of the candidate, or political party, group or aggrupation receiving the contribution, and the date of the contribution.

Section 69. Report of contractors and business firms. Every person or firm to whom any election expenditure is made shall, within thirty days after the day of the election, file with the Commission a report setting forth the full names and exact addresses of the candidates, treasurers of parties, groups or aggrupations, and other persons incurring such expenditures, the nature or purpose of each expenditure, the date and costs thereof, and such other particulars as the Commission may require. The report shall be signed and sworn to by the vendor or contractor, or in case of a business firm or association, by its president or general manager.

It shall be the duty of such person or firm to whom an election expenditure is made to require agents of candidates to present their written authority to incur election expenditures in behalf of the candidate or treasurer and to keep and preserve at its place of business, subject to inspection by the Commission or its authorized representatives, copies of such written authority, contracts, vouchers, invoices and other records and documents relative to said expenditures for a period of three years after the date of the election to which they pertain.

It shall be unlawful for any vendor, contractor or business firm to enter into contract involving election expenditures with agents or representatives of candidates or political parties, groups or aggrupations without such written authority.

ARTICLE IX

REGISTRATION OF VOTERS

Section 70. Permanent list of voters. There shall be a permanent list of voters for every voting center in a barangay in each city or municipality consisting of all the applications for registration of voters of the barangay approved in accordance with Presidential Decrees 1099 and 1187, as amended, and the provisions of this Code. For each election, said list with such additions, cancellations and corrections as may be proper under this Article shall constitute the permanent list of voters.

Section 71. Necessity of registration to be entitled to vote. In order that a qualified voter may vote in any electoral process, he must be registered as such in the manner provided herein.

Section 72. Who may be registered. Every person possessing all the qualifications and none of the disqualifications prescribed for a voter shall have the right and the duty to be registered. During the one-month period immediately preceding the last day of registration as hereinafter provided, any person who may not have on the date of registration any of the qualifications required may be registered upon proof that on the day of the election, he shall have such qualifications.

Section 73. Re-registration. A voter who is registered in the permanent list of voters need not register anew for subsequent elections unless he transfers residence to another city, municipality or municipal district, or his registration has been canceled on the ground of disqualification and such disqualification has been lifted or removed, provided he possesses the qualifications of a voter.

Section 74. Qualifications of a voter. Every citizen of the Philippines, not otherwise disqualified by law, eighteen years of age or over, who shall have resided in the Philippines for one year and in the city, municipality or municipal district wherein he proposes to vote for at least six months immediately preceding the election, may register as a voter.

Any person who transfers to another city, municipality or municipal district solely by reason of his occupation; profession; employment in private or public service; educational activities; work in military or naval reservations; service in the army, navy or air force, the constabulary or national police force; or confinement or detention in government institutions in accordance with law shall be deemed not to have lost his original residence: Provided, That he may register as a voter of the city, municipality or municipal district where he is residing for the foregoing reasons if on the date of the election, he has already resided therein for at least six months.

Section 75. Disqualifications. The following shall be disqualified from voting:

• (a) Any person who has been sentenced by final judgment to suffer imprisonment for not less than one year, such disability not having been removed by plenary pardon: Provided, however, That any person disqualified to vote under this paragraph shall automatically reacquire the right to vote upon expiration of five years after service of sentence.

• (b) Any person who has been adjudged by final judgment by competent court or tribunal of having violated his oath of allegiance to the Republic of the Philippines.

• (c) Insane or feeble-minded persons.

Section 76. Election Registrar. There shall be in each city, municipality and municipal district at least one election registrar and a clerk appointed by the Commission. Every election registrar shall be appointed to a specific city, municipality or municipal district; and once appointed may not be transferred or removed to another city, municipality or municipal district without cause or his consent, except as provided in Section 185 hereof. The salaries for the positions of election registrar and clerk in the city, municipality or municipal district shall be at such rate as may be determined by the position classification to be made by the Commission: Provided, however, That whenever the exigencies of registration so require, the Commission may at its discretion appoint an election registrar, attach a city, municipality or municipal district to another political sub-division for purposes of registration, to designate the city, municipal or municipal district treasurer or any employee of the Commission as acting election registrar with additional compensation to be fixed by the Commission but not to exceed fifty per cent of his salary.

The local government concerned shall provide a suitable place for the office of the election registrar: Provided, That in case of failure of the local government to provide such suitable place, the election registrar, upon prior authority of the Commission and notice to the local government concerned, may lease another place for his office and the rentals thereof shall be chargeable to the funds of said local government.

Section 77. Qualifications of Election Registrar. Only members of the Philippine Bar shall be eligible for appointment to the position of election registrar. If there are no members of the Philippine Bar available for appointment as election registrar, graduates of duly recognized schools of law, liberal arts, and education who are civil service eligibles may be appointed to said position.

Section 78. Provincial Election Supervisor. There shall be assigned in each province a provincial election supervisor appointed at large by the Commission who shall have administrative supervision over election registrars and election clerks within the province and such functions and duties as are provided in this Code or which may be required by the Commission. Only members of the Philippine Bar shall be qualified for appointment as provincial election supervisor.

Section 79. Continuing system of registration of voters. For purposes of filing of applications for registration, the registration period shall commence on the working day immediately following the holding of an election and shall end ten days before the day of the succeeding election, unless the Commission rules otherwise in special cases. Filing of applications for registration shall be conducted daily in the office of the election registrar during regular office hours: Provided, That to facilitate registration, the Commission may extend the hours of registration and authorize registration of voters in any barangay in the city, municipality or municipal district.

A qualified voter shall register by personally filing an application for registration before the election registrar of the city or municipality wherein he is qualified to vote or before any authorized official of the Commission.

The provisions of the foregoing paragraphs notwithstanding, registration of voters may be conducted in the voting centers by the citizens election committee whenever so authorized by law.

The election registrar and the members of the citizens election committee in appropriate cases shall have the power to administer oaths, issue subpoena and subpoena duces tecum, swear witnesses, and compel witnesses to appear and testify, but if the summons is issued at the instance of any private party, the corresponding fees and expenses incident thereto shall be paid by the said party.

Section 80. Voter's application for registration. The application for registration shall be filed in triplicate and shall be under oath. It shall contain two specimens or the applicant's signature, his left and right thumbmarks, his photograph which shall be optional on the part of the applicant, and the following data:

• (a) Name, surname and middle/maternal surname;

• (b) Date and place of birth;

• (c) Citizenship;

• (d) Periods of residence in the Philippines and in the place of registration;

• (e) Exact address with the name of the street and house number or in case there is none, a brief description of the locality and place;

• (f) A statement that the applicant has not been previously registered, otherwise, he shall be required to attach a sworn application for cancellation of his previous registration; and

• (g) Such other information or data which he may be required by the Commission.

• The oath of the applicant shall include a statement that he does not have any of the disqualifications prescribed by law for a voter.

It shall be the duty of the registering officer to fully apprise the applicant of the qualifications and disqualifications of a voter and see to it that the application contains all the data herein required.

The application of an illiterate or a physically incapacitated person may be prepared by person of his confidence or by the election registrar in accordance with the information given by the applicant concerning his personal data.

Section 81. Approval or disapproval of application. Upon receipt of the sworn application for registration and if there is no challenge filed as provided in the succeeding section, the election registrar shall approve it if he finds that the applicant possesses all the qualifications and none of the disqualifications of a voter, otherwise, the application shall be disapproved.

Upon approval of the application, a certificate of registration shall be issued to the voter. If it is disapproved, the applicant shall be furnished with a certificate of such disapproval stating the grounds therefor and all three copies of the disapproved application shall be placed in the inactive file.

Section 82. Challenge of right to register as a voter. Any voter of the city, municipality or municipal district may appear before the election registrar to oppose or challenge the application for registration stating the ground therefor. The challenge shall be under oath and shall be attached by the election registrar to the application together with proof of notice of the date of hearing to the challenger and the voter.

The hearing shall be conducted without delay and in no case later than the day after the challenge is filed. Immediately after the hearing, the challenged application shall be approved or disapproved according to the evidence submitted for or against the application.

Section 83. Preservation and transmittal of approved application for registration. The original of the approved application for registration of each voter shall be compiled and incorporated alphabetically into the corresponding book of voters.

On the day following the approval of the application for registration, the election registrar shall transmit the duplicate copy to the provincial election supervisor and the triplicate copy to the central office to the Commission.

Section 84. Voter's certificate of registration. The certificate of registration issued to the voter shall serve and be considered as document for the identification of each registered voter: Provided, however, That no voter shall be required to present his certificate of registration on election day if his identity can be shown by other documents or by the thumbmarks in his approved application in the book of voters, if he is identified under oath by a member of the election committee or by a duly accredited watcher.

No extra or duplicate copy of the certificate of registration shall be prepared and issued except upon authority of the Commission.

Section 85. Cancellation of registration due to death or disqualification of voter. The election registrar shall remove the voter's application for registration from the corresponding book of voters of the following after entering therein the cause for its cancellation and place the same in the inactive file:

• (a) Those who have since died as certified to at the end of each month by the local civil registrar.

• (b) Those who have been sentenced by final judgment to suffer an imprisonment of not less than one year or of having violated their allegiance to the Republic of the Philippines as certified to at the end of each month by the respective clerks of court of the Courts of First Instance and the city or municipal courts.

The election registrar shall notify the registered voter by mail or by personal delivery of the cancellation of his registration and the ground therefor and require the surrender of his certificate of registration. In cases of death, the notice shall be directed to the next of kin.

The names of the voters whose registration have been canceled shall be punished on the bulletin board stating the reasons therefor and shall be reported to the Commission and to the provincial election supervisor, together with copies of the certified statements of the local civil registrars, the clerks of court of the Court of First Instance and the city or municipal court, as the case may be. The Commission and the provincial election supervisor shall accordingly remove the canceled application from their respective files and place them in the inactive file after entering therein the cause of cancellation.

Section 86. Application for cancellation of previous registration. (a) Any registered voter who, after approval of his application for registration, has suffered any of the disqualifications set out in Section 75 hereof, may request for the cancellation of his registration by filing a sworn application for said cancellation, setting forth the ground or grounds therefor, and to which he shall attach his certificate of registration, with the election registrar who shall proceed to verify the truth thereof and, once established, shall cancel the voter's registration and issue the certificate of cancellation to the voter.

The election registrar concerned shall enter the corresponding notations in the application for registration and thereafter remove the application from the corresponding book of voters and place it in the inactive file. The election registrar shall preserve all applications for cancellation and shall report all cancellations made by him under this section to the Commission and to the provincial election supervisor for their corresponding action.

• (b) Any registered voter who has transferred and acquired a new residence may request for the cancellation of his previous registration in the manner provided in the preceding paragraph, or by personally filing said sworn application in duplicate, giving his old and new addresses and with his certificate of registration attached, with the election registrar of his new residence, who, upon receipt thereof, shall transmit the original copy together with the certificate to the election registrar of the voter's former residence. The election registrar concerned shall, upon receipt of the sworn application for cancellation, verify the truth thereof and once established, remove the voter's registration record from the book of voters and place the same in the inactive file after entering therein the cause for its cancellation. He shall issue the certificate of cancellation to the voter through the election registrar of the voter's new residence.

The election registrar shall preserve all applications for cancellation and shall report all cancellations made by him to the Commission and to the provincial election supervisor for their corresponding action.

Section 87. Change of address of voter in the same city or municipality. Any voter who has changed his residence in the same city or municipality wherein he is registered shall notify in writing his election registrar of such change of address not later than five days before the day of the election. If the change of address involves a change of barangay, the election registrar shall accordingly transfer the corresponding application to the book of voters of the new barangay. All changes of address, and changes of barangay and voting center, if any, shall be reported to the Commission and to the provincial election supervisor for their corresponding action. If there is a change of voting center, the voter shall be notified of his new voting center.

Section 88. Adjustment of books of voters. When a voting center of a barangay is divided into two or more centers or is merged with another, the election registrar shall accordingly transfer the registration records included in the centers affected to the corresponding books of voters of the new or adjusted voting center. All adjustments shall be reported to the Commission and the provincial election supervisor for their corresponding action. Voters affected by the adjustment of their voting centers shall be notified of their new centers resulting from the adjustment personally, by mail or by other expeditious means.

Section 89. Certified list of voters. Not later than three days before the day of the election, the election registrar and the members of the citizens election committee shall prepare and certify, in three copies, a complete list of voters for each voting center containing the names, in alphabetical order, and addresses of all voters registered in the city, municipality or municipal district based on the approved application in the books of voters. One copy shall be delivered to the election committee together with the books of voters for use on election day, one copy shall be delivered to the barangay captain concerned who shall inform the voters of their voting center, and the third copy shall be retained by the election registrar.

Section 90. Custody of books of voters. The election registrar shall have custody of the books of voters. On the day before the election, he shall deliver the same to the chairman of the citizens election committee of the corresponding voting center for use during the voting. The books of voters shall be returned to the election registrar upon termination of the proceedings on election day.

Section 91. Provincial central file of registered voters. There shall be a provincial central file of registered voters containing the duplicate copies of all approved applications in each city, municipality and municipal district in the province which shall be under the custody and supervision of the provincial election supervisor. The applications shall be compiled alphabetically by voting centers so as to make the file an exact replica of the books of voters in the possession of the election registrar.

Section 92. National central file of registered voters. There shall be likewise be a national central file of registered voters containing the triplicate copies of all approved applications in all cities, municipalities and municipal districts which shall be kept in the central office of the Commission. The applications shall be compiled alphabetically by voting centers so as to make the file an exact replica of the books of voters in the possession of the election registrar.

Section 93. Petition for inclusion of voters in the permanent list. Any person whose application for registration has been disapproved may, at any time except five days before an election, apply to the proper court for an order directing the election registrar to include his name in the permanent list of voters, attaching to his petition the certificate of disapproval issued by the election registrar and proof of service of the petition upon the election registrar.

If the decision is for the inclusion of the voter in the permanent list, the application previously disapproved shall be retrieved from the inactive file and included in the corresponding books of voters. The corresponding notations shall be made on the application. However, if the decision of the court for inclusion is received after the books of voters have been delivered to the election committee, the voter shall, upon presentation of a certified copy of the order of inclusion and upon proper identification, be allowed to vote on election day.

The election registrar shall transmit the duplicate and triplicate copies of the application to the provincial election supervisor and to the Commission, respectively, together with a certified copy of the order of inclusion.

Section 94. Petition for exclusion of voters from the permanent list. Any registered voter or the election registrar of the city, municipality or municipal district, or a political party, group or aggrupation may, at any time except five days before an election, apply with the proper court for the exclusion of a registered voter from the permanent list on the ground that he is disqualified or illegally registered, giving the name and address of the voter and the barangay and voting center where he is registered. The petition shall be sworn to and shall be accompanied by proof of service to the respondent voter and the election registrar, unless the latter is himself the petitioner. Final decisions of courts ordering the exclusion of a voter shall be transmitted immediately to the election registrar who shall accordingly remove the application from the book of voters and place the same in the inactive file after entering therein the corresponding notations regarding the exclusion. If the decision is received after the books of voters have been delivered to the election committee, the voter so excluded shall not be permitted to vote upon presentation to the election committee of a certified copy of the order of exclusion.

Notices of the exclusion order shall be sent by the election registrar to the Commission and to the provincial election supervisor for their corresponding action.

Section 95. Jurisdiction in inclusion and exclusion cases. (a) The judge of the Court of First Instance and the municipal judge of the capital of the province shall have concurrent jurisdiction throughout the province, and the municipal judges shall have in their respective municipalities concurrent jurisdiction with the former, over all cases of inclusion and exclusion of voters, and the court before whom the petition is first filed shall acquire exclusive jurisdiction thereon.

• (b) The municipal judge of the capital and the judge of the Court of First Instance may hold sessions in any municipality within the province as they may deem fit for the hearing and decision on the petition, and the traveling expenses and per diems of the judge and his personnel shall be paid by the municipality to which the petition corresponds and where they held sessions.

Section 96. Common rules governing judicial proceedings in inclusion and exclusive cases. (a) Outside of regular office hours, no petition for inclusion or exclusion of voters shall be received, except when the last day for filing thereof falls on a Saturday, Sunday or holiday, in which case the courts concerned shall be open to receive said petition.

• (b) Notices to the election registrar and to the challenged voter shall state the place, date and hour on which such petition shall be heard, and such notice may be made by personal delivery, or by leaving a copy thereof in the possession of a person of sufficient discretion in the residence of said persons, or, in the event that the foregoing procedure is not practicable and in cases where the ground for exclusion is that the registered voter is fictitious, by posting a copy in a conspicuous places, preferably the city or municipal hall, within the city or municipality not later than two days before the day set for the hearing.

• (c) Each petition shall refer to only one voting center.

• (d) No filing fee shall be collected nor any costs be assessed in these proceedings. However, if the judge should be satisfied that the petition has been filed for the sole purpose of molesting the adverse party and causing him to incur expenses, he may order the culpable party to pay the costs and incidental expenses.

• (e) The decision shall be based on the evidence presented. If the question is whether or not the voter is real or fictitious, his non-appearance on the day set for hearing shall be prima facie evidence that the registered voter is fictitious. In no case shall a decision be rendered upon a stipulation of facts.

• (f) All petitions shall be heard and all proceedings in connection therewith shall be conducted without delay. In no case shall a decision be rendered later than the day before the day of election.

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Section 97. Canvass to check registration. The election registrar shall, once every two years or oftener should the Commission deem it necessary in order to preserve the integrity of the permanent lists of voters, conduct verification by mail or house-to-house canvass, or both, of the registered voters of any barangay for purposes of exclusion proceedings.

Section 98. Annulment of permanent lists of voters. Any book of voters not prepared in accordance with the provisions of this Code or the preparation of which has been effected with fraud, bribery, forgery, impersonation, intimidation, force, or any other similar irregularity may, upon verified petition of any voter or election registrar, or duly registered political party, group or aggrupation, and after notice and hearing, be annulled by the Commission: Provided, That no order, ruling or decision annulling a book of voters shall be executed within sixty days before an election.

Section 99. Reconstitution of lost or destroyed registration records. The Commission shall reconstitute all registration records which have been lost or destroyed. For this purpose, it shall be the duty of the election registrar to immediately report to the Commission any case of loss or destruction of approved applications for registration in their custody. Such reconstitution shall be made with the use of the corresponding copies in the national or provincial central files of registered voters: Provided, That if this is not feasible, the registered voter concerned may be summoned by the election registrar to effect such reconstitution by accomplishing a new application. Reconstituted forms shall be clearly marked with the word "reconstituted".

The reconstitution of any lost or destroyed application for registration shall not affect the criminal liability of any person or persons who may be responsible for such loss or destruction.

Section 100. Examination of registration records. All registration records in the possession of the city or municipal election registrar, the provincial election supervisor, and the Commission shall, during regular office hours, be open to examination by the public with legitimate inquiries for purposes of election.

Law enforcement agencies shall, upon prior authorization by the Commission, have access to said registration records should the same be necessary to, or in aid of, their investigative functions and duties, subject to regulations promulgated by the Commission.

ARTICLE X

VOTING CENTERS

Section 101. Voting Centers. Without prejudice to the establishment of new voting centers, transfers, merger or splitting of existing ones, the voting centers which functioned as such during the referendum of December 17, 1977, shall be used as the voting centers for the election of regional representatives to the interim Batasang Pambansa: Provided, That each voting center shall have, as far as practicable, three hundred voters.

Section 102. Creation of new voting centers. In places where there are no existing voting centers and there are at least two hundred voters, the Commission may authorize the establishment of new voting centers or take steps to place such areas under existing voting centers. Said centers shall, as far as practicable, be located in public school buildings or other public buildings upon consultation with local officials and others concerned.

The creation of new voting centers shall be communicated to the Division Superintendent of Schools and the Provincial Election Supervisor concerned in order that the corresponding members of the election committees may be duly appointed.

Section 103. Changes in the location of voting centers. The location of voting centers shall not be changed within thirty days before a regular election or seven days before a special election except where the voting center is destroyed or where because of violence, terrorism, force majeure or other analogous causes voting cannot be held in the designated voting center in which cases the Commission shall transfer such voting center to a suitable place: Provided, That notices of the change in the location of the voting center shall be posted in the office of the election registrar, in the new voting center, in at least three conspicuous places within the barangays, and if possible, in the original voting center.

Section 104. Requirements for voting centers. Each voting center shall be, as far as practicable, a ground floor and shall be of sufficient size to comfortably accommodate forty voters at one time outside the ground rail for the committee. The voting center shall be located, whenever possible, along a public road. A public school building having the requirements prescribed herein shall be preferred for use as a voting center. If no public school building is available, any other public building, a private school building, or any private building having the prescribed requirements may be used, in that order of preference.

Section 105. Buildings that shall not be used as voting centers. No voting center shall be located in a building owned, leased or occupied by any candidate, or any person who is related to any candidate within the third civil degree of consanguinity or affinity, or any officer of the government holding a political position, or any officer or leader of any political party, group or aggrupation, nor in any building the surrounding premises of which are under the actual control of any of the foregoing persons or of any private entity.

Section 106. Flags and signs in voting centers. On election day, every voting center shall have in front the Philippine flag displayed at the proper height and a sign indicating the voting center number. When several voting centers are located in one building, the display of one flag is sufficient.

Section 107. Arrangement of voting centers. (a) In every voting center there shall be a guard rail between the voting booths and the table for the committee which shall have separate entrance and exit. The booths shall be so arranged that they can be accessible only by passing through the guard rail and by entering through its open side.

• (b) There shall also be a guard rail for the watchers between the place reserved for them and the table for the committee at a distance of not more than fifty centimeters from the latter so that the watchers may observe clearly the reading of the contents of the ballots and the recording of the votes on the corresponding tally board.

• (c) There shall be, if possible, guard rails separating the table for the committee from the voters waiting for their turn to cast their votes, with entrance and exit to give them orderly access to the table and the booths.

• (d) The voting center shall be so arranged that the booths, the table, the ballot boxes and the whole voting center, except what is being written within the booths, shall be in plain view of the committee, the watchers and other persons who may be within the voting center.

The voting center shall conform as much as possible to the sketch on the following page.

Section 108. Voting booths. During the voting there shall be in each voting center at least one booth for every forty voters of the barangay. Each booth shall be open on the side fronting the table of the committee and its three sides shall be closed with the walls at least seventy centimeters wide and two meters high. The upper part shall be covered if necessary to preserve the secrecy of the ballots. Each booth shall have attached to its center wall a writing board so placed that voters can write thereon while standing and the booths shall be kept clearly lighted during the voting.

The Commission shall post inside each voting booth a list of all the candidates to be voted for and shall keep said list posted during the voting.

Section 109. Ballot boxes. (a) There shall be in each voting center on the day of the voting a ballot box with two compartments, namely, the compartment for valid ballots and the compartment for spoiled ballots, properly marked. The boxes shall be uniform throughout the Philippines and shall be solidly constructed and shall be closed with three different locks and such safety devices as the Commission may prescribed in such a way that they cannot be opened except by means of three distinct keys and by destroying said safety devices.

• (b) In case of the destruction or disappearance of any ballot box on election day, the committee shall immediately report the matter to the city or municipal treasurer who shall furnish another box or receptacle as equally adequate as possible and report such delivery of the new ballot box by the fastest means of communication on the same day to the Commission.

Section 110. Tally boards. At the beginning of the counting there shall be placed within plain view of the committee, the watchers and the public, a tally board or sheet where the names of all the candidates shall be written and the third member shall record thereon the votes received by each of them as the chairman of the committee reads the ballots.

Section 111. Furnishing of ballot boxes, forms, stationery and materials for elections. The Commission shall prepare and furnish the ballot boxes, forms, stationery, indelible pencils and materials, necessary for the holding of the electoral process.

The provincial, city and municipal treasurers shall have custody of election supplies and materials and shall be responsible for their preservation and storage, and for any loss, destruction or damage of any election equipment, material or document.

Section 112. Inspection of voting centers. Before the day of the election, the Commission shall, through its duly authorized representatives, see to it that all voting centers conform to the specifications and requirements herein prescribed and that all omissions and defects are corrected. A report on all inspections made shall be submitted to the Commission.