Article 66p. 66

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

Section 2. Proclamation of a lone candidate . —

Upon the expiration of the deadline for the filing of the

certificates of candidacy in a special election called to fill

a vacancy in an elective position other than for President

and Vice President, when there is only one (1) qualified

candidate for such position, the lone candidate shall be

proclaimed elected to the position by proper proclaiming

body of the Commission on Elections without holding the

special election upon certification by the Commission on

Elections that he is the only candidate for the office and is

thereby deemed elected.

Section 3. Assumption of office . — In the absence of

any lawful ground to deny due course or cancel the

certificate

of

candidacy

in

order

to

prevent

such

proclamation, as provided for under Sec.s 69 and 78 of

Batas Pambansa Bilang 881 also known as the Omnibus

Election Code of the Philippines, the candidate referred to

in the preceding paragraph shall assume office not earlier

than the scheduled election day. Certificates of candidacy

filed in violation hereof shall not be given due course. For

this purpose, the Commission shall decide petitions for

disqualifications not later than election day; otherwise,

such petitions shall be deemed dismissed.

Section 4. Disqualification . — In addition to the

disqualifications mentioned in Sec.s 12 and 68 of the

Omnibus Election Code and Sec. 40 of Republic Act No.

7160, otherwise known as the Local Government Code ,

whenever the evidence of guilt is strong, the following

persons are disqualified to run in a special election called

to fill the vacancy in an elective office, to wit:

a) Any elective official who has resigned from his

office by accepting an appointive office or for whatever

reason which he previously occupied but has caused to

become vacant due to his resignation; and

b) Any person who, directly or indirectly, coerces,

bribes, threatens, harasses, intimidates or actually causes,

inflicts or produces any violence, injury, punishment,

torture, damage, loss or disadvantage to any person or

persons aspiring to become a candidate or that of the

immediate member of his family, his honor or property

that is meant to eliminate all other potential candidate.

Section 5. Prohibited acts, election offenses and

penalties .

—

Any

act

of

coercion,

bribery,

threat,

harassment, intimidation, terrorism, or actually causing,

inflicting

or

producing

violence,

injury,

punishment,

torture, damage, loss or disadvantage to discourage any

other person or persons from filing a certificate of

candidacy

in

order

to

eliminate

all

other

potential

candidate

from

running

in

a

special

election

shall

constitute

as

an

election

offense.

Violations

of

this

provision

shall

be

prosecuted

and

penalized

in

accordance with the provision of Sec. 264 of the Omnibus

Election Code.

Section 6. Applicability . — The pertinent provisions of

Batas Pambansa Bilang 881, as amended, otherwise

known as the Omnibus Election Code of the Philippines ,

and other election laws which are not in conflict with the

provision herein provided, shall remain in full force and

effect and are hereby adopted as parts hereof.

Section

7.

Implementing

authority .

—

The

Commission on Elections shall, within fifteen (15) days

from the effectivity of this Act, promulgate rules and

regulations necessary to carry out the purpose of this Act.

Section 8. Separability clause . — If for any reason or

reasons, any Sec., provision of this Act, or any part thereof,

or the application of such Sec., provision or portion is

declared or held unconstitutional or invalid, other parts or

the remainder thereof which are not affected thereby

shall continue to be in full force and effect.

Section 9. Repealing clause . — All laws, decrees,

executive orders, in whole or in part, particularly pertinent

provisions of Republic Act Nos. 7160 and 7166, including

the

rules

and

regulations

promulgated

thereunder

inconsistent with the provisions of this Act, are hereby

amended, repealed or modified accordingly.

Section 10. Effectivity . — This Act shall take effect

fifteen (15) days after its publication in two (2) national

newspapers of general circulation.

Approved: June 6, 1997.

RA No 8436 | Automated Election System

Act

As amended by RA No 9369

December 22, 1997

AN

ACT

AUTHORIZING

THE

COMMISSION

ON

ELECTIONS TO USE AN AUTOMATED ELECTION SYSTEM

IN THE MAY 11, 1998 NATIONAL OR LOCAL ELECTIONS

AND

IN

SUBSEQUENT

NATIONAL

AND

LOCAL

ELECTORAL EXERCISES, PROVIDING FUNDS THEREFOR

AND FOR OTHER PURPOSES

Be

it

enacted

by

the

Senate

and

House

of

Representatives

of

the

Philippines

in

Congress

assembled: :

Section 1. Declaration of policy . — It is policy of the

State to ensure free, orderly, honest, peaceful, credible

and informed elections, plebiscites, referenda, recall and

other similar electoral exercises by improving on the

election

process

and

adopting

systems, which shall

involved the use of an automated election system that

will ensure the secrecy and sanctity of the ballot and all

election, consolidation and transmission documents on

order that the process shall be transparent and credible

and that the results shall be fast, accurate and reflective

of the genuine will of the people.

The State recognizes the mandate and authority of

the Commission to prescribe adoption and use of the

most suitable technology of demonstrated capability

taking into account the situation prevailing in the area

and the funds available for the purpose. (as amended by

RA No 9369)

Section 2. Definition of terms . — As used in this Act,

the following terms shall mean:

1. Automated election system, hereinafter to as AES —

a system using appropriate technology which has been

demonstrated

in the voting, counting, consolidating,

canvassing, and transmission of election result, and other

electoral process;

2.

Electronic

transmission

—

conveying

data

in

electronic form from one location to other;

3. Official ballot — where AES is utilized, refers to the

paper

ballot,

whether

printed

or

generated

by the

technology applied, that faithfully captures or represents

the votes cast by a voter recorded or to be recorded in

electronic form;

4. Election returns — a document in electronic and

printed form directly produced by the counting or voting

machine, showing the date of the election, the province,

municipality and the precinct in which it is held and the

votes in figures for each candidate in a precinct in areas

where AES is utilized;

5. Statement of votes — a document containing the

votes obtained by candidates in each precinct in a

city/municipality;

6.

City/municipal/district/provincial

certificate

of

canvass — a document in electronic and printed form

containing the total votes in figures obtained by each

candidate in a city/municipality/district/province as the

case may be. The electronic certificates of canvass shall

be the official canvass result in the aforementioned

jurisdictions;

7.

Paper-based

election

system

—

a

type

of

automated

election

system

that

use

paper

ballots,

records

and

counts

votes,

tabulates,

© Compiled by RGL

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