Article 107p. 107

ADMINISTRATIVE CODE AND LAW OF PUBLIC OFFICERS TEXT AND RULES

Treasurer

of

the

Philippines,

local

treasurer,

or

any

government depository unless it is countersigned by a

duly authorized official of the Commission. When, in the

opinion of the Commission, the interest of the service so

requires, the warrant or check may be paid without the

countersignature under such rules and regulations as it

may prescribe from time to time.

CHAPTER 9 Accountability and Responsibility for

Government Funds and Property

SECTION

50.

Accountable

Officers;

Board

Requirements . — (1) Every officer of any government

agency whose duties permit or require the possession or

custody government funds shall be accountable therefor

and for safekeeping thereof in conformity with law; and

(2) Every accountable officer shall be properly bonded

in accordance with law.

SECTION 51. Primary and Secondary Responsibility .

— (1) The head of any agency of the Government is

immediately and primarily responsible for all government

funds and property pertaining to his agency;

(2) Persons entrusted with the possession or custody

of the funds or property under the agency head shall be

immediately responsible to him, without prejudice to the

liability of either party to the Government.

SECTION

52.

General

Liability

for

Unlawful

Expenditures . — Expenditures of government funds or

uses

of

government property in violation of law or

regulations shall be a personal liability of the official or

employee found to be directly responsible therefor.

SECTION 53. Prohibition Against Pecuniary Interest .

—

No

accountable

or

responsible

officer

shall

be

pecuniarily

interested,

directly

or

indirectly,

in

any

contract or transaction of the agency in which he is such

an officer.

CHAPTER 10 Miscellaneous Provisions

SECTION

54. Duty to Respect the Commission's

Independence . — It shall be the duty of every person to

respect, protect and preserve the independence of the

Commission.

SECTION 55. Administrative Disciplinary Action . —

Subject to rules and regulations as may be approved by

the President, any unjustified failure by the public officer

concerned to comply with any requirement imposed in

Title I-B, Book V of this Code shall constitute neglect of

duty and shall be a ground for administrative disciplinary

action against said public officer who, upon being found

guilty thereof after hearing, shall be meted out such

penalty as is commensurate with the degree of his guilt

in

accordance

with the Civil Service Law. Repeated

unjustified

failure

to

comply

with

the

requirement

imposed in Title I-B, Book V of this Code shall be

conclusive proof that the public officer concerned is

notoriously undesirable.

SUBTITLE C Commission on Elections

CHAPTER 1 General Provisions

SECTION 1. Declaration of Policy . — The State shall at

all

times

ensure

free,

orderly,

honest, peaceful and

credible elections under a free and open party system

which shall be allowed to evolve according to the free

choice of the people subject to the provisions of Article

IX-C of the 1987 Constitution of the Philippines.

SECTION 2. Powers and Functions . — In addition to

the powers and functions conferred upon it by the

constitution, the Commission shall have exclusive charge

of the enforcement and administration of all laws relative

to the conduct of elections for the purpose of insuring

free, orderly, honest, peaceful and credible elections, and

shall:

(1) Promulgate rules and regulations implementing

the provisions of the Omnibus Elections Code or other

laws which the Commission is required to enforce and

administer;

(2) Fix other reasonable periods for certain pre-election

requirements in order that voters shall not be deprived of

their right of suffrage and certain groups of rights

granted them in the Omnibus Election Code;

Unless indicated in the Omnibus Election Code, the

Commission is hereby authorized to fix the appropriate

period for the various prohibited acts enumerated therein

consistent with the requirements of free, orderly, honest,

peaceful and credible elections.

(3) Exercise direct and immediate supervision and

control over national and local officials or employees,

including

members

of

any

national

or

local

law

enforcement

agency

and

instrumentality

of

the

government required by law to perform duties relative to

the conduct of elections, plebiscite, referendum, recall

and initiative. In addition, it may authorize CMT cadets,

eighteen years of age and above to act as its deputies for

the purpose of enforcing its orders;

The Commission may relieve any officer or employee

referred

to

in

the

preceding

paragraph

from

the

performance of his duties relating to electoral processes

who violates the election law or fails to comply with its

instructions, orders, decisions or rulings, and appoint his

substitute. Upon recommendation of the Commission,

the corresponding proper authority shall suspend or

remove

from

office

any

or

all

of

such

officers

or

employees who may, after due process, be found guilty of

such violation or failure.

(4) During the period of the campaign and ending

thirty days thereafter, when in any area of the country

there

are

persons

committing

acts

of

terrorism

to

influence people to vote for or against any candidate or

political party, the Commission shall have the power to

authorize any member or members of the Armed Forces

of the Philippines, the National Bureau of Investigation,

the Integrated National Police or any similar agency or

instrumentality of the government, except civilian home

defense forces, to act as deputies for the purpose of

insuring the holding of free, orderly, honest, peaceful and

credible elections;

(5) Publish at least ten (10) days before an election in a

newspaper of general circulation certified data on the

number of official ballots and election returns and the

names and address of the printers and the number

printed by each;

(6) Refuse, motu propio or upon a verified petition, to

give due course to or cancel a certificate of candidacy if it

is shown that said certificate has been filed to put the

election process in mockery or disrepute or to cause

confusion among the voters by the similarity of the

names

of

the

registered

candidates

or

by

other

circumstances or acts which clearly 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;

(7) Postpone, motu propio or upon verified petition

and after due notice and hearing whereby all interested

parties are afforded equal opportunity to be heard, the

election to a date which should be reasonably close to the

date

of the election not held, suspended or which

resulted in a failure to elect but not later than thirty days

after the cessation of the cause for such postponement or

suspension of the election or failure to elect, when for any

serious

cause

such

as

violence,

terrorism,

loss

or

destruction of election paraphernalia or records, force

majeure , and other analogous causes the holding of a

free,

orderly,

honest,

peaceful

and

credible election

should become impossible in any political subdivision.

(8) Call for the holding or continuation of election not

held in any polling place where on account of force

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