Article 41p. 41

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

the right of suffrage. If he is a foreigner, he shall be

sentenced to deportation which shall be enforced after

the prison term has been served. Any political party found

guilty shall be sentenced to pay a fine of not less than ten

thousand pesos, which shall be imposed upon such party

after criminal action has been instituted in which their

corresponding officials have been found guilty.

In case of prisoner or prisoners illegally released from

any penitentiary or jail during the prohibited period as

provided in Section 261, paragraph (n) of this Code, the

director of prisons, provincial warden, keeper of the jail or

prison, or persons who are required by law to keep said

prisoner

in

their

custody

shall,

if

convicted

by

a

competent court, be sentenced to suffer the penalty of

prision mayor in its maximum period if the prisoner or

prisoners

so

illegally

released

commit

any

act

of

intimidation, terrorism of interference in the election.

Any person found guilty of the offense of failure to

register or failure to vote shall, upon conviction, be fined

one

hundred

pesos.

In

addition,

he

shall

suffer

disqualification

to

run

for public office in the next

succeeding

election

following

his

conviction

or

be

appointed to a public office for a period of one year

following his conviction.

Section 265. Prosecution. — The Commission shall,

through its duly authorized legal officers, have the power,

concurrent

with

the other prosecuting arms of the

government, to conduct preliminary investigation of all

election

offenses

punishable

under

this

Code,

and

prosecute the same (As amended by RA No 9369)

Section 266. Arrest in connection with the election

campaign.

—

No

person

shall

be

arrested

and/or

detained at any time for any alleged offense committed

during and in connection with any election through any

act or language tending to support or oppose any

candidate, political party or coalition of political parties

under or pursuant to any order of whatever name or

nature and by whomsoever issued except only upon a

warrant of arrest issued by a competent judge after all

the requirements of the Constitution shall have been

strictly complied with.

If

the

offense

charged

is

punishable

under

a

presidential decree whether originally or by amendment

of a previous law, the death penalty shall not be imposed

upon the offender except where murder, rape or arson is

involved. In all cases, the penalty shall not be higher than

reclusion perpetua and the offender shall be entitled to

reasonable bail upon sufficient sureties to be granted

speedily by the competent court. Moreover, loss of the

right of citizenship and confiscation of property shall not

be imposed.

Any officer or a person who shall violate any provision

of this section shall be punished by imprisonment of not

less than six (6) years and one (1) day nor more than

twelve (12) years, with the accessory penalties for election

offenses. The provision of Section 267 of this Code shall

not apply to prosecution under this section.

Section 267. Prescription. — Election offenses shall

prescribe

after

five

years

from

the

date

of

their

commission. If the discovery of the offense be made in an

election contest proceedings, the period of prescription

shall commence on the date on which the judgment in

such proceedings becomes final and executory.

Section 268. Jurisdiction of courts. — The regional

trial court shall have the exclusive original jurisdiction to

try and decide any criminal action or proceedings for

violation of this Code, except those relating to the offense

of failure to register or failure to vote which shall be under

the jurisdiction of the metropolitan or municipal trial

courts. From the decision of the courts, appeal will lie as

in other criminal cases.

Section

269.

Preferential disposition of election

offenses. — The investigation and prosecution of cases

involving violations of the election laws shall be given

preference and priority by the Commission on Elections

and prosecuting officials. Their investigation shall be

commenced without delay, and shall be resolved by the

investigating officer within five days from its submission

for resolution. The courts shall likewise give preference to

election offenses over all other cases, except petitions for

writ

of

habeas

corpus.

Their

trial

shall

likewise

be

commenced

without

delay, and shall be conducted

continuously until terminated, and the case shall be

decided

within

thirty

days

from

its

submission

for

decision.

ARTICLE XXIII LEGAL FEES

Section

270.

Collection

of

legal

fees.

—

The

Commission

is

hereby

authorized to collect fees as

follows:

(a) For furnishing certified transcript of records or

copies of any record, decision or ruling or entry of which

any person is entitled to demand and receive a copy, for

every page P 2.00

(b) For every certificate or writ or process 10.00

(c) For each certificate not on process 2.00

(d) In appropriate cases, for filing a second and

succeeding motions for reconsideration 50.00

(e) For every search of any record of more than one

year's standing and reading the same 10.00

Section 271. Payment of Fees. — The fees mentioned

in the preceding section shall be paid to the cashier of

the Commission who shall in all cases issue a receipt for

the same and shall enter the amount received upon his

book specifying the date when received, the fee, and the

person

from

whom

received.

The

cashier

shall

immediately report such payment to the Commission.

ARTICLE XXIV TRANSITORY PROVISIONS

Section 272. Pending actions. — Pending actions

and causes of action arising before the effectivity of this

Code shall be governed by the laws then in force.

Section 273. Designation of certain pre-election

acts immediately after the approval of this Code. — If it

should no longer be reasonably possible to observe the

periods

and

dates

herein

prescribed

for

certain

pre-election acts in the election immediately following

the approval of this Code, the Commission shall fix other

periods in order to ensure that voters shall not be

deprived of their right of suffrage.

Section 274. Accreditation of dominant opposition

party. — For purposes of the next local elections in 1986

and the next presidential elections in 1987 or earlier, the

dominant opposition party shall be that political party,

group or organization or coalition of major national or

regional political parties opposed to the majority party

which has the capability to wage a bona fide nationwide

campaign as shown by the extent of its organization and

the number of Members of Parliament affiliated with it:

Provided, however, That with specific reference to the

next

local

elections

in

constituencies

which

are

represented in the Batasang Pambansa by Members who

do not belong either to the majority party or to the

political party or coalition of political parties described

above, the representatives of the opposition in the board

of election inspectors, board of canvassers or other similar

bodies shall be proposed exclusively by the party to which

said

Member

of

the

Batasang

Pambansa

belong:

Provided, however, That it is registered before the next

local elections.

Any political party, group or organization or coalition

of

political

parties

seeking

accreditation

under

this

section shall file a verified petition with the Commission

on Elections stating therein such information as may be

necessary to enable the Commission to determine the

qualifications for accreditation in accordance with the

standard herein provided.

© Compiled by RGL

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