Article 51p. 51

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

The board of election inspectors shall post, on the

wall

outside

the

room

where

the

registration

was

conducted, the list of voters in each precinct beginning

on the first working day after registration day until

election day. Failure to post said list shall constitute an

election offense punishable under Section 263 and 264 of

the Omnibus Election Code.

When there is a significant number of inclusions,

exclusions and corrections in the list of voters in a

precinct,

the

Commission

shall

direct

the

board of

election inspectors concerned to meet on the eighth

Saturday immediately preceding the day of the election

for

the

purpose

of

making

such

inclusions

and

corrections as may be or may have been ordered by the

courts, stating opposite every name so corrected, added

or cancelled, the date of the order and the court which

issued the same; otherwise, the board shall not meet but

such inclusions, exclusions and corrections, if any, shall be

made in the list of voters before the voting starts on

election day.

Section 10. Annulment of the List of Voters. — Any

book of voters the preparation of which has been affected

with fraud, bribery, forgery, impersonation, intimidation,

force

or

any

other

similar

irregularity

or

which

is

statistically improbable may be annulled, after due notice

of a verified complaint: Provided, That, no order, ruling or

decision annulling a book of voters shall be executed

within sixty (60) days before an election.

Section 11. Voting Booth. — Any provision of law to

the contrary notwithstanding, there shall be in each

polling place at least ten (10) voting booths of such size,

specifications and materials as the Commission may

provide to enable the voters to fill out their ballots

secretly.

Section 12. Absentee Voting. — Absentee voting as

provided for in Executive Order No. 157 dated March 30,

1987

shall

apply

to

the

elections

for

President,

Vice-President and Senators only and shall be limited to

members of the Armed Forces of the Philippines and the

Philippine National Police and other government officers

and employees who are duly registered voters and who,

on

election

day,

may

temporarily

be

assigned

in

connection with the performance of election duties to

place where they are not registered voters.

Section 13. Authorized Expenses of Candidates and

Political

Parties.

—

The

agreement amount that a

candidate or registered political party may spend for

election campaign shall be as follows:

(a) For candidates. — Ten pesos (P10.00) for President

and Vice-President; and for other candidates Three Pesos

(P3.00)

for

every

voter

currently

registered

in

the

constituency where he filed his certificate of candidacy:

Provided, That a candidate without any political party and

without support from any political party may be allowed

to spend Five Pesos (P5.00) for every such voter; and

(b) For political parties. — Five pesos (P5.00) for every

voter

currently

registered

in

the

constituency

or

constituencies where it has official candidates.

Any provision of law to the contrary notwithstanding

any contribution in cash or in kind to any candidate or

political

party

or

coalition

of

parties

for

campaign

purposes, duly reported to the Commission shall not be

subject to the payment of any gift tax.

Section

14.

Statement

of

Contributions

and

Expenditures: Effect of Failure to File Statement. —

Every candidate and treasurer of the political party shall,

within thirty (30) days after the day of the election, file in

duplicate with the offices of the Commission the full, true

and

itemized

statement

of

all

contributions

and

expenditures in connection with the election.

No person elected to any public offices shall enter

upon the duties of his office until he has filed the

statement

of

contributions

and

expenditures

herein

required.

The same prohibition shall apply if the political party

which nominated the winning candidate fails to file the

statement required herein within the period prescribed

by this Act.

Except candidates for elective barangay office, failure

to file the statements or reports in connection with

electoral contributions and expenditures are required

herein

shall

constitute

an administrative offense for

which

the

offenders

shall

be

liable

to

pay

an

administrative fine ranging from One thousand pesos

(P1,000.00) to Thirty thousand pesos (P30,000.00), in the

discretion of the Commission.

The fine shall be paid within thirty (30) days from

receipt of notice of such failure; otherwise, it shall be

enforceable

by

a

writ

of

execution

issued

by

the

Commission against the properties of the offender.

It shall be the duty of every city or municipal election

registrar to advise in writing, by personal delivery or

registered mail, within five (5) days from the date of

election all candidates residing in his jurisdiction to

comply with their obligation to file their statements of

contributions and expenditures.

For the commission of a second or subsequent

offense under this section, the administrative fine shall be

from Two thousand pesos (P2,000.00) to Sixty thousand

pesos (P60,000.00), in the discretion of the Commission.

In addition, the offender shall be subject to perpetual

disqualification to hold public office.

Section 15. Pre-proclamation Cases in Elections for

President, Vice-President, Senator, and Member of the

House

of

Representatives.

—

For

purpose

of

the

elections for president, vice — president, senator, and

member

of

the

House

of

Representatives,

no

pre-proclamation

cases

shall be allowed on matters

relating to the preparation, transmission, receipt, custody

and appreciation of election returns or the certificates of

canvass, as the case may be, expect as provided for in

Section 30 hereof. However, this does not preclude the

authority

of

the

appropriate

canvassing

body motu

propio or upon written complaint of an interested person

to correct manifest errors in the certificate of canvass or

election before it.

Question affecting the composition or proceedings of

the board of canvassers may be initiated in the board or

directly with the Commission in accordance with Section

19 hereof.

Any objection on the election return before the city or

municipal

board

of

canvassers,

or

the

municipal

certificates of canvass before the provincial board of

canvassers or district board of canvassers in Metro Manila

Area, shall specifically notice in the minutes of their

respective proceeding. (as amended by RA No 9369)

Section

16.

Pre-proclamation

Cases

Involving

Provincial,

City

and

Municipal

Offices.

—

Pre-proclamation

cases

involving

provincial, city and

municipal offices shall be allowed and shall be governed

by Sections 17, 18, 19, 20, 21 and 22 hereof.

All

pre-proclamation

cases

pending

before

the

Commission

shall

be

deemed

terminated

at

the

beginning of the term of the office involved and the

rulings of the boards of canvassers concerned shall be

deemed affirmed, without prejudice to the filing of a

regular election protest by the aggrieved party. However,

proceedings may continue when on the basis of the

evidence thus far presented, the Commission determined

that the petition appears meritorious and accordingly

issues an order for the proceeding to continue or when

an appropriate order has been issued by the Supreme

Court in a petition for certiorari.

Section 17. Pre-proclamation Controversies: How

Commenced. — Questions affecting the composition or

proceedings of the board of canvassers may be initiated

in the board or directly with the Commission. However,

matters raised under Sections 233, 234, 235 and 236 of the

Omnibus Election Code in relation to the preparation,

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