Article 13p. 13

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

The

duly

authorized

receiving

officer

shall

immediately send the original copy of all certificates of

candidacy received by him to the Commission.

Section

76.

Ministerial

duty

of

receiving

and

acknowledging receipt. — The Commission, provincial

election

supervisor,

election

registrar

or

officer

designated by the Commission or the board of election

inspectors under the succeeding section shall have the

ministerial duty to receive and acknowledge receipt of

the certificate of candidacy.

Section

77.

Candidates

in

case

of

death,

disqualification or withdrawal of another. — If after the

last day for the filing of certificates of candidacy, an

official candidate of a registered or accredited political

party dies, withdraws or is disqualified for any cause, only

a person belonging to, and certified by, the same political

party may file a certificate of candidacy to replace the

candidate who died, withdrew or was disqualified. The

substitute candidate nominated by the political party

concerned may file his certificate of candidacy for the

office affected in accordance with the preceding sections

not later than mid-day of the day of the election. If the

death,

withdrawal

or

disqualification

should

occur

between the day before the election and mid-day of

election day, said certificate may be filed with any board

of election inspectors in the political subdivision where he

is a candidate, or, in the case of candidates to be voted for

by

the

entire

electorate

of

the

country,

with

the

Commission.

Section 78. Petition to deny due course to or cancel

a certificate of candidacy. — A verified petition seeking

to deny due course or to cancel a certificate of candidacy

may be filed by the person exclusively on the ground that

any

material

representation

contained

therein

as

required under Section 74 hereof is false. The petition

may be filed at any time not later than twenty-five days

from the time of the filing of the certificate of candidacy

and shall be decided, after due notice and hearing, not

later than fifteen days before the election.

ARTICLE X CAMPAIGN AND ELECTION

PROPAGANDA

Section 79. Definitions. — As used in this Code:

(a) The term "candidate" refers to any person aspiring

for or seeking an elective public office, who has filed a

certificate

of

candidacy

by

himself

or

through

an

accredited political party, aggroupment, or coalition of

parties;

(b) The term "election campaign" or "partisan political

activity" refers to an act designed to promote the election

or defeat of a particular candidate or candidates 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 for or

against a candidate;

(2) Holding political caucuses, conferences, meetings,

rallies,

parades,

or

other

similar

assemblies, for the

purpose

of

soliciting

votes

and/or

undertaking

any

campaign or propaganda for or against a candidate;

(3)

Making

speeches,

announcements

or

commentaries, or holding interviews for or against the

election of any candidate for public office;

(4) Publishing or distributing campaign literature or

materials designed to support or oppose the election of

any candidate; or

(5) Directly or indirectly soliciting votes, pledges or

support for or against a candidate.

The foregoing enumerated acts if performed for the

purpose

of

enhancing

the

chances of aspirants for

nomination for candidacy to a public office by a political

party, aggroupment, or coalition of parties shall not be

considered as election campaign or partisan election

activity.

Public

expressions

or

opinions

or discussions of

probable issues in a forthcoming election or on attributes

of or criticisms against probable candidates proposed to

be nominated in a forthcoming political party convention

shall not be construed as part of any election campaign

or partisan political activity contemplated under this

Article.

Section 80. 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, or association of persons, to engage in an

election campaign or partisan political activity except

during the campaign period: Provided, That political

parties may hold political conventions or meetings to

nominate

their official candidates within thirty days

before the commencement of the campaign period and

forty-five

days

for

Presidential

and

Vice-Presidential

election.

Section 81. Intervention of foreigners. — It shall be

unlawful for any foreigner, whether judicial or natural

person, to aid any candidate or political party, 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 82. 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 exceeding two feet by three feet,

except that, at the site 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; or

(d)

All

other

forms

of

election

propaganda not

prohibited by this Code as the Commission may authorize

after due notice to all interested parties and hearing

where all the interested parties were given an equal

opportunity to be heard: 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 83. 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.

Section 84. 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

85.

Prohibited

forms

of

election

propaganda. — (as repealed by RA No 9006)

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