Article 44p. 44

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

The registered voters of a component city shall be

entitled to vote in the election for the provincial officials

of the province of which it is a part, unless its charter

provides otherwise.

Section 4. Certificates of Candidacy; Certified List of

Candidates. — The certificates of candidacy shall be filed

in

twelve

legible

signed

copies

with

the

offices

mentioned in Section 75 of Batas Pambansa Blg. 881. In

cities

with

more

than

one

election

registrar,

the

Commission on Elections, hereinafter referred to as the

Commission, shall designate the election registrar who

shall receive the certificates of candidacy.

In lieu of the additional copies of the certificate of

candidacy equal to twice the number of polling places

which a candidate is required to file under said Section

75, the Commission shall cause to be printed certified lists

of candidates containing the names of all registered

candidates

for

each office to be voted for in each

province, city or municipality immediately followed by the

nickname

or

stage

name

of

each

candidate

duly

registered in his certificate of candidacy and his political

party affiliation, if any. Said list shall be posted inside each

voting booth during the voting period.

Whenever practicable, the board of inspectors shall

cause said list of candidates to be written clearly and

legibly on the blackboard or on manila paper for posting

at a conspicuous place inside the polling place.

The names of all registered candidates immediately

followed by the nickname or stage name shall also be

printed in the election returns and tally sheets.

Section

5.

Procedure

in

Cases

of

Nuisance

Candidates. -

(a) A Verified petition to declare a duly registered

candidate as a nuisance candidate under Section 69 of

Batas Pambansa Blg. 881 shall be filed personally or

through

duly

authorized

representative

with

the

Commission by any registered candidate for the same

office within five (5) days from the last day for the filing of

certificates of candidacy. Filing by mail not be allowed.

(b) Within three (3) days from the filing of the

petition, the Commission shall issue summons to the

respondent

candidate

together

with

a

copy

of the

petition and its enclosures, if any.

(c) The respondent shall be given three (3) days from

receipt of the summons within which to file his verified

answer (not a motion to dismiss) to the petition, serving

copy thereof upon the petitioner. Grounds for a motion to

dismiss may be raised as a affirmative defenses.

(d) The Commission may designate any of its officials

who are lawyers to hear the case and receive evidence.

The proceeding shall be summary in nature. In lieu of oral

testimonies,

the parties may be required to submit

position

papers

together

with

affidavits

or

counter-affidavits and other documentary evidence. The

hearing

officer

shall

immediately

submit

to

the

Commission his findings, reports, and recommendations

within

five

(5)

days

from

the

completion

of

such

submission of evidence. The Commission shall render its

decision within five (5) days from receipt thereof.

(e) The decision, order, or ruling of the Commission

shall, after five (5) days from receipt of a copy thereof by

the parties, be final and executory unless stayed by the

Supreme Court.

(f) The Commission shall within twenty-four hours,

through the fastest available means, disseminate its

decision or the decision of the Supreme Court to the city

or

municipal

election

registrars,

boards

of

election

inspectors

and

the

general

public

in

the

political

subdivision concerned.

Section 6. Effect of Disqualification Case. — Any

candidate who has been declared by final judgment to

be disqualified shall not be voted for, and the votes cast

for him shall not be counted. If for any reason a candidate

is not declared by final judgment before an election to be

disqualified and he is voted for and receives the winning

number

of

votes

in

such

election,

the

Court

or

Commission shall continue with the trial and hearing of

the action, inquiry, or protest and, upon motion of the

complainant or any intervenor, may during the pendency

thereof order the suspension of the proclamation of such

candidate whenever the evidence of his guilt is strong.

Section 7. Petition to Deny Due Course To or Cancel

a

Certificate

of

Candidacy.

—

The

procedure

hereinabove provided shall apply to petitions to deny due

course to or cancel a certificate of candidacy as provided

in Section 78 of Batas Pambansa Blg. 881.

Section

8.

Representatives

of

Parties

During

Printing

of

Returns

and

Ballots.

— The registered

political

parties

or

coalitions

of

parties,

or

their

components should there be any dissolution or division of

said coalition, whose candidates obtained at least ten

percent (10%) of the total votes cast in the next preceding

senatorial election shall each have a watcher and/or

representative in the procurement and watermarking of

papers not be used in the printing of election returns and

official ballots and in the printing, numbering, storage,

and distribution thereof.

Section 9. Public Forum. — The Commission shall

encourage

non-political, non-partisan private or civic

organizations to initiate and hold in every city and

municipality,

public

for

a

at

which

all

registered

candidates for the same office may simultaneously and

personally participate to present, explain, and/or debate

on their campaign platforms and programs and other like

issues. The Commission shall promulgate, the rules and

regulations for the holding of such for a to assure its

nonpartisan character and the equality of access thereto

by all candidates.

Section 10. Common Poster Areas. —

Section

11.

Prohibited

Forms

of

Election

Propaganda. — (as amended by RA No 9006)

Section 12. Official Watchers. — Every registered

political party, coalition of political parties, and every

candidate shall each be entitled to one watcher in every

polling place: Provided, That candidates for members of

the

Sangguniang

Panlalawigan,

Sangguniang

Panlungsod

or

Sangguniang

Bayan

or

for

city

or

municipal councilors belonging to the same slate or

ticket shall collectively entitled only to one watcher.

There shall also be recognized two principal watchers,

one representing the ruling coalition and the other the

dominant opposition coalition, who shall sit as observers

in the proceedings of the board. The principal watcher

shall be designated on the basis of the recommendation

of the ruling coalition, represented by the political party of

the incumbent elected district representative, and of the

dominant

opposition

coalition,

represented

by

the

political party which performed best or which polled at

least ten percent (10%) of the votes in the last national

election.

A duly signed appointment of a watcher shall entitle

him to recognition by the board of election inspectors

and the exercise of his rights and discharge of his duties

as such: Provided, however, That only one watcher of each

of those authorized to appoint them can stay at any time

inside the polling place.

The watchers shall be permitted full and unimpeded

access to the proceedings so that they can read the

names of those written on the ballots being counted with

unaided natural vision, consistent with good order in the

polling place.

In addition to their rights and duties under Section

179

of

Batas

Pambansa

Blg.

881, the two principal

watchers

representing

the

ruling

coalition

and

the

dominant opposition in a precinct shall, if available, affix

their signatures and thumbmarks on the election returns

for that precinct. If both or either of them is not available,

unwilling or should they refuse to do so, any watcher

present, preferably with political affiliation or alignment

© Compiled by RGL

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