Article 40p. 40

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

(23) Any person who holds or causes the holding of an

election on any other day than that fixed by law or by the

Commission, or stops any election being legally held.

(24) Any person who deliberately blurs his fingerprint

in the voting record.

(aa) On Canvassing:

(1) Any chairman of the board of canvassers who fails

to give due notice of the date, time and place of the

meeting of said board to the candidates, political parties

and/or members of the board.

(2) Any member of the board of canvassers who

proceeds

with

the

canvass

of

the

votes

and/or

proclamation of any candidate which was suspended or

annulled by the Commission.

(3) Any member of the board of canvassers who

proceeds with the canvass of votes and/or proclamation

of any candidate in the absence of quorum, or without

giving due notice of the date, time and place of the

meeting of the board to the candidates, political parties,

and/or other members of the board.

(4) Any member of the board of canvassers who,

without authority of the Commission, uses in the canvass

of

votes

and/or

proclamation

of

any candidate any

document other than the official copy of the election

returns.

(bb) Common to all boards of election inspectors and

boards of canvassers:

(1) Any member of any board of election inspectors or

board of canvassers who deliberately absents himself

from the meetings of said body for the purpose of

obstructing or delaying the performance of its duties or

functions.

(2) Any member of any board of election inspectors or

board

of

canvassers

who, without justifiable reason,

refuses to sign and certify any election form required by

this Code or prescribed by the Commission although he

was present during the meeting of the said body.

(3) Any person who, being ineligible for appointment

as member of any board of election inspectors or board of

canvassers,

accepts

an

appointment

to

said

body,

assumes office, and actually serves as a member thereof,

or any of public officer or any person acting in his behalf

who appoints such ineligible person knowing him to be

ineligible.

(4) Any person who, in the presence or within the

hearing of any board of election inspectors or board of

canvassers during any of its meetings, conducts himself

in such a disorderly manner as to interrupt or disrupt the

work or proceedings to the end of preventing said body

from performing its functions, either partly or totally.

(5) Any public official or person acting in his behalf

who relieves any member of any board of election

inspectors or board of canvassers or who changes or

causes the change of the assignments of any member of

said board of election inspectors or board of canvassers

without authority of the Commission.

(cc) On candidacy and campaign:

(1)

Any

political

party

which

holds

political

conventions

or

meetings

to

nominate

its

official

candidates earlier that the period fixed in this Code.

(2) Any person who abstracts, destroys or cancels any

certificate of candidacy duly filed and which has not been

cancelled upon order of the Commission.

(3) Any person who misleads the board of election

inspectors by submitting any false or spurious certificate

of

candidacy

or

document

to

the

prejudice

of

a

candidate.

(4) Any person who, being authorized to receive

certificates

of

candidacy,

receives

any

certificate

of

candidacy outside the period for filing the same and

makes it appear that said certificate of candidacy was

filed on time; or any person who, by means of fraud,

threat,

intimidation, terrorism or coercion, causes or

compels the commission of said act.

(5) Any person who, by any device or means, jams,

obstructs or interferes with a radio or television broadcast

of any lawful political program.

(6) Any person who solicits votes or undertakes any

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

candidate or any political party within the polling place or

within a radius of thirty meters thereof.

(dd) Other prohibitions:

(1) Any person who sells, furnishes, offers, buys, serves

or takes intoxicating liquor on the days fixed by law for

the registration of voters in the polling place, or on the

day before the election or on election day: Provided, That

hotels and other establishments duly certified by the

Ministry of Tourism as tourist oriented and habitually in

the business of catering to foreign tourists may be

exempted for justifiable reasons upon prior authority of

the Commission: Provided, further, That foreign tourists

taking intoxicating liquor in said authorized hotels or

establishments are exempted from the provisions of this

subparagraph.

(2) Any person who opens in any polling place or

within a radius of thirty meters thereof on election day

and during the counting of votes, booths or stalls of any

kind

for

the

sale,

dispensing

or

display

of

wares,

merchandise or refreshments, whether solid or liquid, or

for any other purposes.

(3) Any person who holds on election day, fairs,

cockfights,

boxing, horse races, jai-alai or any other

similar sports.

(4) Refusal to carry election mail matter. — Any

operator or employee of a public utility or transportation

company

operating

under

a

certificate

of

public

convenience, including government-owned or controlled

postal service or its employees or deputized agents who

refuse to carry official election mail matters free of charge

during the election period. In addition to the penalty

prescribed herein, such refusal shall constitute a ground

for cancellation or revocation of certificate of public

convenience or franchise.

(5) Prohibition against discrimination in the sale of air

time. — Any person who operates a radio or television

station

who

without

justifiable

cause

discriminates

against any political party, coalition or aggroupment of

parties or any candidate in the sale of air time. In addition

to

the

penalty

prescribed

herein, such refusal shall

constitute a ground for cancellation or revocation of the

franchise.

Section 262. Other election offenses. — Violation of

the provisions, or pertinent portions, of the following

sections of this Code shall constitute election offenses:

Sections 9, 18, 74, 75, 76, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89,

95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106 107, 108, 109,

110, 111, 112, 122, 123, 127, 128, 129, 132, 134, 135, 145, 148, 150,

152, 172, 173, 174, 178, 180, 182, 184, 185, 186, 189, 190, 191, 192,

194, 195, 196, 197, 198, 202, 203, 204, 205, 206, 207, 208, 209,

210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 223, 229, 230,

231, 233, 234, 235, 236, 239 and 240. (as amended by RA No

7166)

Section

263.

Persons

criminally

liable.

—

The

principals, accomplices, and accessories, as defined in the

Revised Penal Code, shall be criminally liable for election

offenses. If the one responsible be a political party or an

entity, its president or head, the officials and employees

of the same, performing duties connected with the

offense

committed

and

its

members

who

may

be

principals, accomplices, or accessories shall be liable, in

addition to the liability of such party or entity.

Section 264. Penalties. — Any person found guilty of

any election offense under this Code shall be punished

with imprisonment of not less than one year but not

more than six years and shall not be subject to probation.

In addition, the guilty party shall be sentenced to suffer

disqualification to hold public office and deprivation of

© Compiled by RGL

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