Article 50p. 50

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

the number of seats among the districts in proportion to

the

population

of

the constituencies voting for the

Sangguniang Panlalawigan;

(b) For provinces with only one (1) legislative district,

the Commission shall divide them into two (2) districts for

purposes of electing the members of the Sangguniang

Panlalawigan, as nearly as practicable according to the

number

of

inhabitants,

each

district

comprising

a

compact, contiguous and adjacent territory, and the

number of seats of elective members of their respective

sanggunian shall be equitably apportioned between the

districts in accordance with the immediately preceding

paragraph;

(c) The number and election of elective members of

the sangguniang panlungsod and sangguniang bayan

in the Metro Manila area, City of Cebu, City of Davao and

any other city with two (2) or more legislative districts

shall be elected by districts and in accordance with the

provisions of Sections 2 and 3 of Republic Act No.

6636 : Provided , That, all cities with one (1) legislative

district and all municipalities in the Metro Manila area

shall have twelve (12) councilors each: Provided, further ,

That, the Commission shall divide all cities with one

legislative district and each of the municipalities in Metro

Manila area into two (2) districts by barangay for purposes

of representation in the sangguniang bayan as nearly as

practicable according to the number of inhabitants, each

district comprising a compact, contiguous and adjacent

territory; and

(d) For purposes of the regular elections on May 11,

1992 and all general elections thereafter, the regular

elective members of the sangguniang panlungsod and

sangguniang

bayan ,

shall

be

elected

at

large

in

accordance with existing laws.

The

Commission

shall

promulgate

rules

and

regulations to effectively implement the provisions of law

which

may

hereafter

be

enacted

providing

for

the

election of sectoral representatives. (as amended by RA

No 7887)

Section 4. Postponement, Failure of Election and

Special Elections. — The postponement, declaration of

failure of election and the calling of special elections as

provided in Sections 5, 6 and 7 of the Omnibus Election

Code shall be decided by the Commission sitting en banc

by a majority vote of its members. The causes for the

declaration of a failure of election may occur before or

after the casting of votes or on the day of the election.

In case a permanent vacancy shall occur in the

Senate or House of Representatives at least one (1) year

before the expiration of the term, the Commission shall

call and hold a special election to fill the vacancy not

earlier than sixty (60) days nor longer than ninety (90)

days after the occurrence of the vacancy. However, in case

of such vacancy in the Senate, the special election shall

be held simultaneously with the succeeding regular

election.

Section 5. Election and Campaign Period. — Unless

otherwise fixed by the Commission, the election period

for the May 11, 1992 regular elections shall commence

ninety (90) days before the day of the election and shall

end thirty (30) days thereafter.

The campaign periods are hereby fixed as follows:

(a) For President, Vice-President and Senators, ninety

(90) days before the day of the election; and

(b) For Members of the House of Representatives and

elective provincial, city and municipal officials, forty-five

(45) days before the day of the election.

However, in the preparation of the election calendar,

the Commission may exclude the day before the day of

the election itself, Maundy Thursday and Good Friday.

Any election campaign or partisan political activity for

or against any candidate outside of the campaign period

herein provided is prohibited and shall be considered as

an election offense punishable under Section 263 and 264

of the Omnibus Election Code.

Section 6. Nomination and Selection of Official

Candidates. — No political convention or meeting for the

nomination or selection of the official candidates of any

political

party

or organization or political groups or

coalition thereof shall be held earlier than the following

periods:

(a) For President, Vice-President and Senators, one

hundred

sixty-five

(165) days before the day of the

election; and

(b) For Members of the House of Representatives and

elective provincial, city or municipal officials, seventy-five

(75) days before the day of the election.

Section 7. Filing of Certificates of Candidacy. — The

certificate of candidacy of any person running for the

office of President, Vice-President, Senator, Member of

the House of Representatives or any elective provincial,

city or municipal official shall be filed in five (5) legible

copies with the offices of the Commission specified

hereunder not later than the day before the date legally

fixed for the beginning of his campaign period.

(a)

The

certificate

of

candidacy

for

President,

Vice-President and Senators shall be filed with the main

office of the Commission in Manila;

(b) The certificate of candidacy for the Members of

the House of Representatives shall be filed with the

provincial election supervisor of the province concerned.

Those for legislative districts in the National Capital

Region shall be filed with the regional election director of

said region and those for legislative districts in cities

outside the National Capital Region which comprise one

or more legislative districts shall be filed with the city

election registrar concerned;

(c) The certificate of candidacy for provincial offices

shall be filed with the provincial supervisor concerned;

and

(d) The certificate of candidacy for city or municipal

offices shall be filed with the city or municipal election

registrar concerned.

Whenever

practicable,

the

names

of

registered

candidates for local positions shall be printed in the

election returns: Provided, That, if a candidate has been

disqualified or declared a nuisance candidate, it shall be

the duty of the Commission to instruct without delay the

appropriate election officials to delete the name of said

candidate as printed in the election return.

The certificate of candidacy shall be filed by the

candidate

personally

or

by

his

duly

authorized

representative. No certificate of candidacy shall be filed

or accepted by mail, telegram or facsimile.

Section 8. Precincts and their Establishment. — Any

provision of law to the contrary notwithstanding, where it

is not practicable to divide the precinct by territory, the

Commission may adjust or split the precinct by assigning

the registered voters therein alphabetically and equitably

among the adjusted or split precincts: Provided, That, the

polling places of said precincts shall be in the same

building or premises.

Section 9. Registration of Voters. — There shall be a

registration of voters on the fifteenth Saturday before the

day of the election for voters who will reach the age of

eighteen (18) years on or before the day of the election or

for those who are qualified but not registered in the list of

voters.

However,

the Commission may designate an

additional date of registration in certain areas to ensure

that voters therein are not deprived of their right of

suffrage.

Before adjourning on registration day, the board of

election inspectors shall close the list of voters by affixing

their signatures in the space immediately after the last

name; number consecutively the names of the voters

listed therein and authenticate the list of voters by

affixing their signatures on each and every page thereof.

© Compiled by RGL

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