Article 3p. 3

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

BP Blg 881 | Omnibus Election Code of

the Philippines

ARTICLE I GENERAL PROVISIONS

Section 1. Title. — This Act shall be known and cited

as the "Omnibus Election Code of the Philippines."

Section 2. Applicability. — This Code shall govern all

election of public officers and, to the extent appropriate,

all referenda and plebiscites.

Section 3. Election and campaign periods. — Unless

otherwise fixed in special cases by the Commission on

Elections, which hereinafter shall be referred to as the

Commission, the election period shall commence ninety

days before the day of the election and shall end thirty

days thereafter.

The period of campaign shall be as follows:

1. Presidential and Vice-Presidential Election — 90

days;

2. Election of Members of the Batasang Pambansa

and Local Election — 45 days; and

3. Barangay Election — 15 days.

The campaign periods shall not include the day

before and the day of the election.

However, in case of special elections under Article VIII,

Section

5,

Subsection

(2)

of

the

Constitution,

the

campaign period shall be forty-five days.

Section 4 Obligation to register and vote. — It shall

be the obligation of every citizen qualified to vote to

register and cast his vote.

Section 5 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 causes of such a nature

that the holding of a free, orderly and honest election

should become impossible in any political subdivision,

the Commission, motu proprio or upon a verified petition

by any interested party, and after due notice and hearing,

whereby

all

interested

parties

are

afforded

equal

opportunity to be heard, shall postpone the election

therein 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.

Section 6 Failure of election. — If, on account of force

majeure, violence, terrorism, fraud, or other analogous

causes the election in any polling place has not been held

on the date fixed, or had been suspended before the hour

fixed by law for the closing of the voting, or after the

voting and during the preparation and the transmission

of the election returns or in the custody or canvass

thereof, such election results in a failure to elect, and in

any of such cases the failure or suspension of election

would affect the result of the election, the Commission

shall, on the basis of a verified petition by any interested

party and after due notice and hearing, call for the

holding

or

continuation

of

the

election

not

held,

suspended or which resulted in a failure to elect on a date

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 of

such postponement or suspension of the election or

failure to elect.

Section 7 Call of special election. -

(1) In case a vacancy arises in the Batasang Pambansa

eighteen months or more before a regular election, the

Commission shall call a special election to be held within

sixty days after the vacancy occurs to elect the Member to

serve the unexpired term.

(2)

In

case

of

the

dissolution

of

the

Batasang

Pambansa, the President shall call an election which shall

not be held earlier than forty-five nor later than sixty days

from the date of such dissolution.

The Commission shall send sufficient copies of its

resolution for the holding of the election to its provincial

election

supervisors

and

election

registrars

for

dissemination, who shall post copies thereof in at least

three

conspicuous

places

preferably

where

public

meetings are held in each city or municipality affected.

Section 8 Election Code to be available in polling

places. — A printed copy of this Code in English or in the

national

language

shall

be

provided

and

be

made

available by the Commission in every polling place, in

order that it may be readily consulted by any person in

need thereof on the registration, revision and election

days.

Section 9 Official mail and telegram relative to

elections. — Papers connected with the election and

required by this Code to be sent by public officers in the

performance of their election duties shall be free of

postage and sent by registered special delivery mail.

Telegrams

of

the

same

nature

shall

likewise

be

transmitted

free

of

charge

by

government

telecommunications and similar facilities.

It shall be the duty of the Postmaster General, the

Director of the Bureau of Telecommunications, and the

managers of private telecommunication companies to

transmit immediately and in preference to all other

communications

or

telegrams

messages

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.

Section 10 Election expenses. — Except in barangay

elections,

such

expenses

as

may

be necessary and

reasonable in connection with the elections, referenda,

plebiscites and other similar exercises shall be paid by the

Commission. The Commission may direct that in the

provinces, cities, or municipalities, the election expenses

chargeable to the Commission be advanced by the

province,

city

or

municipality

concerned

subject

to

reimbursement by the Commission upon presentation of

the proper bill.

Funds needed by the Commission to defray the

expenses for the holding of regular and special elections,

referenda and plebiscites shall be provided in the regular

appropriations of the Commission which, upon request,

shall immediately be released to the Commission. In case

of

deficiency,

the

amount

so

provided

shall

be

augmented

from the special activities funds in the

general appropriations act and from those specifically

appropriated for the purpose in special laws.

Section 11 Failure to assume office. — The office of

any official elected who fails or refuses to take his oath of

office within six months from his proclamation shall be

considered vacant, unless said failure is for a cause or

causes beyond his control.

Section 12 Disqualifications. — Any person who has

been

declared

by

competent

authority

insane

or

incompetent, or has been sentenced by final judgment

for subversion, insurrection, rebellion or for any offense for

which he has been sentenced to a penalty of more than

eighteen months or for a crime involving moral turpitude,

shall be disqualified to be a candidate and to hold any

office, unless he has been given plenary pardon or

granted amnesty.

This

disqualifications

to

be

a

candidate

herein

provided shall be deemed removed upon the declaration

by

competent

authority

that

said

insanity

or

incompetence had been removed or after the expiration

of a period of five years from his service of sentence,

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