Article 74p. 74

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

a. Further test application of the AES or a particular

AES technology used in the 2007 elections, whether in

the same or others areas;

b.

An

increase

or

enlargement

of

areas

for

implementation of the AES or an AES technology and not

a full implementation; or

c. A full implementation of the AES.

4. As to the kind of AES technology, provide for

proposals as to whether:

a) A particular AES technology should no longer be

utilized for being obsolete, inapplicable, inaccurate or

with a defect which cannot be remedied;

b) An enhancement or improvement is needed to an

AES technology which was used in the 2007 election to

make it more functional, appropriate and accurate;

c) A particular AES technology is already appropriate

and should be utilized fully for subsequent election; or

d) The testing or adoption of new technologies which

may have emerged after the 2007 elections is needed.

(27a) (as amended by RA No 9369)

Section 34. Designation of other dates for certain

pre-election acts . — If it shall no longer be reasonably

possible to observe the periods and dates prescribed by

law for certain pre-election acts, the Commission shall fix

other

periods

and

dates

in

order

to

ensure

accomplishment of the activities so voters shall not be

deprived of their suffrage. (28a)

Section 35. Prohibited Acts and Penalties . - The

following shall be penalized as provided in this Act,

whether or not said acts affect the electoral process or

results:

(a) Utilizing without authorization, tampering with,

damaging, destroying or stealing:

(1) Official ballots, election returns, and certificates of

canvass of votes used in the system; and

(2)

Electronic

devices

or

their

components,

peripherals or supplies used in the AES such as counting

machine, memory pack/diskette, memory pack receiver

and computer set;

(b)

Interfering

with,

impeding,

absconding

for

purpose of gain, preventing the installation or use of

computer counting devices and the processing, storage,

generation and transmission of election results, data or

information;

(c)

Gaining or causing access to using, altering,

destroying or disclosing any computer data, program,

system

software,

network,

or

any

computer-related

devices,

facilities,

hardware

or

equipment,

whether

classified or declassified;

(d) Refusal of the citizens' arm to present for perusal

its copy of election return to the board of canvassers;

(e) Presentation by the citizens' arm of tampered or

spurious election returns;

(f) Refusal or failure to provide the dominant majority

and dominant minority parties or the citizens'' arm their

copy of election returns; and

(g) The failure to post the voters' list within the

specified time, duration and in the designated location

shall constitute an election offense on the part the

election officer concerned.

Any person convicted for violation of this Act, except

those convicted of the crime of electoral sabotage, shall

be penalized with imprisonment of eight years and one

day to twelve (12) years without possibility of parole, and

perpetual

disqualification

to

hold

public

office

and

deprivation

of

the

right

of

suffrage.

Moreover,

the

offender shall be perpetually disqualified to hold any

non-elective public office. (29a) (as amended by RA No

9369)

Section 36. Applicability . — The provision of Batas

Pambansa Blg. 881, as amended, otherwise known as the

'Omnibus Election Code of the Philippines', and other

election laws not inconsistent with this Act shall apply.

(30a) (as amended by RA No 9369)

Section

37.

Rules

and

Regulations .

—

The

Commission shall promulgate rules and regulation for the

implementation and enforcement of this Act.

"Notwithstanding

the

foregoing

canvassing

procedure, the Commission is authorized to prescribe

other

manner

or procedure for the canvassing and

consolidation of votes as technology evolves, subject to

the provisions of Section 7 hereof on the minimum

capabilities of the AES and other pertinent laws.

(31a) (as amended by RA No 9369)

Section 38. Appropriations . — The amount necessary

to carry out the provisions of this Act shall be charged

against

the

current

year's

appropriations

of

the

Commission. Thereafter, such sums as may be necessary

for the continuous implementation of this Act shall be

included in the annual General Appropriations Act.

In case of deficiency in the funding requirements

herein provided, such amount as may be necessary shall

be augmented from the current contingent fund in the

General Appropriations Act. (32a)

Section 39. Separability clause . — If, for any reason,

any section or provision of this Act or any part thereof, or

the application of such section, provision or portion is

declared

invalid

or

unconstitutional,

the

remainder

thereof shall not be affected by such declaration. (33a)

Section 40. Repealing clause . — All laws, presidential

decrees, executive orders, rules and regulations or parts

thereof inconsistent with the provisions of this Act are

hereby repealed or modified accordingly. (34a)

Section 41. Effectivity . — This Act shall take effect

fifteen (15) days after its publication in a newspaper of

general circulation. (35a)

Approved, December 22, 1997.

RA No 9006 | Fair Election Act

[IRR] RA 9006 Fair Elections Act in connection with the

May 2016 elections

February 12, 2001

AN ACT TO ENHANCE THE HOLDING OF FREE,

ORDERLY,

HONEST,

PEACEFUL

AND

CREDIBLE

ELECTIONS THROUGH FAIR ELECTION PRACTICES

Section 1. Short Title. - This Act shall be known as the

"Fair Election Act."

Section 2. Declaration of Principles. — The Senate

shall, during the election period, supervise or regulate the

enjoyment or utilization of all franchises or permits for

the operation of media of communication or information

to guarantee or ensure equal opportunity for public

service, including access to media time and space, and

the

equitable

right

to

reply,

for

public

information

campaigns and for a among candidates and assure free,

orderly, honest, peaceful and credible elections.

The State shall ensure that bona fide candidates for

any

public

office

shall

be

free

from

any

form

of

harassment and discrimination.

Section 3. Lawful Election Propaganda. — Election

propaganda, whether on television, cable television, radio,

newspapers or any other medium is hereby allowed for all

registered political parties, national, regional, sectoral

parties or organizations participating under the party list

elections

and

for

all

bona

fide

candidates

seeking

national

and

local

elective

positions

subject

to the

limitation on authorized expenses of candidates and

political parties, observance of truth in advertising and to

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