Article 36p. 36

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

(b) Conspiracy to bribe voters. — Two or more persons,

whether candidates or not, who come to an agreement

concerning the commission of any violation of paragraph

(a) of this section and decide to commit it.

(c) Wagering upon result of election. — Any person

who

bets

or

wagers upon the outcome of, or any

contingency connected with an election. Any money or

thing of value or deposit of money or thing of value

situated anywhere in the Philippines put as such bet or

wager shall be forfeited to the government.

(d) Coercion of subordinates. -

(1) Any public officer, or any officer of any public or

private corporation or association, or any head, superior,

or administrator of any religious organization, or any

employer or land-owner who coerces or intimidates or

compels, or in any manner influence, directly or indirectly,

any of his subordinates or members or parishioners or

employees or house helpers, tenants, overseers, farm

helpers, tillers, or lease holders to aid, campaign or vote

for or against any candidate or any aspirant for the

nomination or selection of candidates.

(2) Any public officer or any officer of any commercial,

industrial, agricultural, economic or social enterprise or

public or private corporation or association, or any head,

superior or administrator of any religious organization, or

any employer or landowner who dismisses or threatens to

dismiss, punishes or threatens to punish be reducing his

salary, wage or compensation, or by demotion, transfer,

suspension, separation, excommunication, ejectment, or

causing him annoyance in the performance of his job or

in his membership, any subordinate member or affiliate,

parishioner, employee or house helper, tenant, overseer,

farm helper, tiller, or lease holder, for disobeying or not

complying with any of the acts ordered by the former to

aid, campaign or vote for or against any candidate, or any

aspirant for the nomination or selection of candidates.

(e) Threats, intimidation, terrorism, use of fraudulent

device or other forms of coercion. — Any person who,

directly or indirectly, threatens, intimidates or actually

causes,

inflicts

or

produces

any

violence,

injury,

punishment, damage, loss or disadvantage upon any

person or persons or that of the immediate members of

his family, his honor or property, or uses any fraudulent

device or scheme to compel or induce the registration or

refraining

from

registration

of

any

voter,

or

the

participation in a campaign or refraining or desistance

from

any

campaign, or the casting of any vote or

omission to vote, or any promise of such registration,

campaign, vote, or omission therefrom.

(f) Coercion of election officials and employees. — Any

person who, directly or indirectly, threatens, intimidates,

terrorizes or coerces any election official or employee in

the performance of his election functions or duties.

(g) Appointment of new employees, creation of new

position, promotion, or giving salary increases. — During

the period of forty-five days before a regular election and

thirty days before a special election,

(1)

any

head,

official

or

appointing

officer

of a

government office, agency or instrumentality, whether

national

or

local,

including

government-owned

or

controlled corporations, who appoints or hires any new

employee, whether provisional, temporary or casual, or

creates and fills any new position, except upon prior

authority of the Commission. The Commission shall not

grant the authority sought unless, it is satisfied that the

position to be filled is essential to the proper functioning

of the office or agency concerned, and that the position

shall not be filled in a manner that may influence the

election.

As an exception to the foregoing provisions, a new

employee may be appointed in case of urgent need:

Provided, however, That notice of the appointment shall

be given to the Commission within three days from the

date of the appointment. Any appointment or hiring in

violation of this provision shall be null and void.

(2) Any government official who promotes, or gives

any increase of salary or remuneration or privilege to any

government

official or employee, including those in

government-owned or controlled corporations.

(h) Transfer of officers and employees in the civil

service. — Any public official who makes or causes any

transfer or detail whatever of any officer or employee in

the civil service including public school teachers, within

the election period except upon prior approval of the

Commission.

(i) Intervention of public officers and employees. —

Any officer or employee in the civil service, except those

holding political offices; any officer, employee, or member

or the Armed Forces of the Philippines, or any police

force,

special forces, home defense forces, barangay

self-defense units and all other paramilitary units that

now exist or which may hereafter be organized who,

directly or indirectly, intervenes in any election campaign

or engages in any partisan political activity, except to vote

or to preserve public order, if he is a peace officer.

(j) Undue influence. — It is unlawful for any person to

promise any office or employment, public or private, or to

make

or

offer

to

make

an

expenditure, directly or

indirectly, or to cause an expenditure to be made to any

person, association, corporation or entity, which may

induce anyone or the public in general either to vote or

withhold his vote, or to vote for or against any candidate

in any election or any aspirant for the nomination or

selection of an official candidate in a convention of a

political party. It is likewise unlawful for any person,

association,

corporation

or

community,

to

solicit

or

receive, directly or indirectly, any expenditure or promise

or any office, or employment, public or private, for any of

the foregoing considerations.

(k) Unlawful electioneering. — It is unlawful to solicit

votes

or

undertake

any propaganda on the day of

registration before the board of election inspectors and

on the day of election, for or against any candidate or any

political party within the polling place and with a radius

of thirty meters thereof.

(l)

Prohibition

against

dismissal

of

employees,

laborers, or tenants. — No employee or laborer shall be

dismissed, nor a tenant be ejected from his landholdings

for refusing or failing to vote for any candidate of his

employer or landowner. Any employee, laborer or tenant

so dismissed or ejected shall be reinstated and the salary

or wage of the employee or laborer, or the share of the

harvest of the tenant, shall be restored to the aggrieved

party upon application to the proper court.

(m) Appointment or use of special policemen, special

agents, confidential agents or the like. — During the

campaign period, on the day before and on election day,

any appointing authority who appoints or any person

who utilizes the services of special policemen, special

agents, confidential agents or persons performing similar

functions;

persons

previously

appointed

as

special

policemen, special agents, confidential agents or persons

performing similar functions who continue acting as

such, and those who fail to turn over their firearms,

uniforms, insignias and other badges of authority to the

proper officer who issued the same.

At

the

start

of

the

aforementioned

period,

the

barangay

chairman,

municipal

mayor,

city

mayor,

provincial governor, or any appointing authority shall

submit to the Commission a complete list of all special

policemen, special agents, confidential agents or persons

performing

similar functions in the employ of their

respective political subdivisions, with such particulars as

the Commission may require.

(n)

Illegal

release

of

prisoners

before

and

after

election. — The Director of the Bureau of Prisons, any

provincial warden, the keeper of the jail or the person or

persons required by law to keep prisoners in their custody

who illegally orders or allows any prisoner detained in the

national penitentiary, or the provincial, city or municipal

jail to leave the premises thereof sixty days before and

© Compiled by RGL

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