Election Law Reviewer and Memory Aid

POLITICAL LAW REVIEWER

ELECTION LAWS
Election
Embodiment of the popular will, the expression of the sovereign
power of the people.
Components
Choice or selection of candidates to public office by popular vote
Conduct of the polls
Listing of votes
Holding of Electoral campaign
Act of casting and receiving the ballots from the voters
Counting the ballots
Maing the election returns
!roclaiming the winning candidates
Re!lar election " refers to an election participated in by those who
possess the right of suffrage and not dis#ualified by law and who are
registered voters.
Special election " is when there is failure of election on the scheduled
date of regular election in a particular place or which is conducted to
fill up certain vacancies, as provided by law.
!olitical !arties
"e#inition $Omni%!s Election Code&
An organi$ed group of persons pursuing the same ideology, political
ideas or platforms of government including its branches and divisions.
Types o# Political Parties
%& Registered Parties:
%. 'ominant Ma(ority !arty " usually the administration party) entitled
to a copy of election return
*. 'ominant Minority !arty " entitled to a copy of election return
+. Ma(ority !olitical !arty
,. -op + !olitical !arties " entitled to appoint principal watcher and a
copy of the certificate of canvass
.. /ottom + political parties " entitled to appoint principal watcher
*& Non-registered parties
Criteria to "etermine t'e Type o# Political Party
%. Established 0ecord of the said parties, showing in past elections
*. 1umber of 2ncumbent Elective 3fficials
+. 2dentifiable political organi$ations and strengths
,. Ability to fill a complete slate of candidates
.. 3ther analogous circumstances
(ro!nds #or C'allenin t'e Voter
%. 2llegal voters 4 1ot 0egistered 5 6sing the name of another 5
dis#ualified &
*. /ased on certain illegal acts 47ote buying&
Ac)!isition o# *!ridical Personality
2t is ac#uired upon registration with the C3MELEC.
+or#eit!re o# Stat!s as a Reistered Political Party
-he status shall be deemed forfeited if the political party, singly or in
coalition with others, fails to obtain at least 10% of the votes cast in the
constituency in which it nominated and supported a candidate5s in the
election next following its registration. -here shall be notice and
hearing.
Candidates
R!les on +ilin o# Certi#icates o# Candidacy
%. 1o person shall be elected into public office unless he files his
certificate of candidacy within the prescribed period
*. 1o person shall be eligible for more than one office. 2f he5she files
for more than one position, he shall not be eligible for all unless he
cancels all and retains one
+. -he certificate of candidacy shall be filed by the candidate
personally or by his duly authori$ed representative.
,. 6pon filing, an individual becomes a candidate, he is already
covered by rules, restrictions and processes involving candidates.
(ro!nds #or "is)!ali#ication
%. Election offenses under 8ec 9: of the 3mnibus Election Code 43EC&
*. 1ot possessing #ualifications and possessing dis#ualifications under
the Local ;overnment Code
*.% 8entenced by final (udgment for an offense involving moral
turpitude or for an offense punishable by one year or more of
imprisonment within two years after serving sentence
*.* 0emoved from office as a result of an administrative case
*.+ Convicted by final (udgment for violating the oath of allegiance to
the 0epublic
*., 'ual citi$enship 4 more specifically, dual allegiance&
*.. <ugitives from (ustice in criminal or non=political cases here or
abroad
*.9 !ermanent residents in a foreign country or those who have
ac#uired the right to reside abroad and continue to avail of the same
right
*.> 2nsane or feeble=minded
%. 1uisance candidate
*. 7iolation of sec >+ of 3EC with regard to certificate of candidacy
+. 7iolation of sec >: which is material misrepresentation of re#ts
under sec. >,.
? Disqualifications (from continuing as a candidate or from holding the
office if alread elected!:
Any candidate, who in an action or protest in which he is a party is
declared by final decision of a competent court guilty of, or is found by
the Commission of having@
%. ;iven money or other material consideration to influence, induce or
corrupt the voters or public officials performing electoral functions.
*. Committed acts of terrorism to enhance his candidacy
+. 8pent in his election campaign an amount in excess of that allowed
by the 3mnibus Election Code &
,. 8olicited, received or made any contribution prohibited under this
Code
.. 7iolated any of the following sections@ 8ection :A, :+, :.,:9,*9%
9. !ermanent resident of or an immigrant to a foreign country shall not
be #ualified to run for any elective office 61LE88 he5she has waived
his5her status as a permanent resident5immigrant of a foreign
country in accordance with the residence re#uirement provided for
under election laws.
E##ect o# a "is)!ali#ication case $!nder RA ,,-,&
%. Any candidate who has been declared by final (udgment to be
dis#ualified shall 13- be voted for. -he votes cast in his favor shall
not be counted.
*. 2f the candidate is not dis#ualified by final (udgment before the
election and receives the highest number of votes in the election, the
court or C3MELEC will continue with the trial and hearing of the
action, in#uiry or protest. 6pon motion of the complainant or
intervenor, the court or C3MELEC may order the suspension of the
proclamation of the candidate whenever the evidence of his guilt is
strong.
N!isance Candidates
A. -he term refers to candidates who have no bona fide intention to
run for the office for which the certificate of candidacy has been filed
and would thus prevent a faithful determination of the true will of the
people.
/. !ower of C3MELEC
%. May refuse to give due course to or cancel a certificate of candidacy
of a nuisance candidate. -his can be done motu proprio or upon
verified petition of an interested party.
*.-here should be a showing that@
%. Certificate of candidacy has been filed to put the election process in
mocery5disrepute or
*. -o cause confusion among the voters by the similarity of the names
of the registered candidates
+. 3ther circumstances which clearly demonstrate that the candidate
has no bona fide intention to run for the officeB
Petition to deny d!e co!rse to or to cancel a Certi#icate o# Candidacy
A. Exclusive ground@ A material representation in the certificate of
candidacy is false.
/. -he petition should be filed not later than *. days from the filing of
the certificate of candidacy.
C. 2t should be decided not later than %. days before the election, after
due notice and hearing.
Election Campain.Partisan Political Activity
/ "e#inition
%& 2t refers to an act designed to promote the election or defeat of a
particular candidate5s to a public office
*& 2t includes@
A. <orming organi$ations, associations, clubs, committees or other
groups of persons for the purpose of soliciting votes and5or undertaing
any campaign for or against a candidate.
/. Holding political caucuses, conferences, meetings, rallies, parades or
other similar assemblies for the purpose of soliciting votes and5or
undertaing any campaign or propaganda for or against a candidate.
C. Maing speeches, announcements or commentaries or holding
interviews for or against the election of any candidate for public office.
'. !ublishing or distributing campaign literature or materials designed
to support or oppose the election of any candidate.
E. 'irectly or indirectly soliciting votes, pledges or support for or
against a candidate.
+& Chen the acts enumerated above are 13- considered an election
campaign5partisan political activity.
2f the acts are performed for the purpose of enhancing the chances of
aspirants for nomination for candidacy to a public office by a political
party, aggroupment, or coalition of parties.
RA 011, 2 +AIR ELECTION ACT
Important +eat!res3
%& 0epeal of 8ec. 9> of the 3EC " 1ow, any ELEC-27E official, whether
national or local, running for any office other than the one which he is
holding in a permanent capacity shall not be considered ipso facto
resigned from his office upon the filing of his certificate of candidacy.
*& Lifting of the !olitical Ad /an " Critten and !rinted Materials 4:..D
C x %,LD&
Letters
!osters 4*E x +E& in common=private poster areas 4 not more than %A
public places per political party or independent candidate, %*E %9E&,
private places and public places
0ally streamers 4+E x :E& 13- M30E -HA1 *
!aid Advertisements at 'iscounted 0ates
!rint @ %5,
th
page in broadsheet and F page in tabloid +x a wee
-elevision@ %*A minutes for candidate for nationally elective office and
9A for local
0adio@ %:A minutes for candidate for nationally elective office and GA
for local
C3MELEC free space 4+ national newspaper for nationally elective
officials and % national newspaper for local& and airtime
4+ national television networs for nationally elective officials and %
station for local & @ e#ual allocation for all candidates for + calendar
days
A!t'ori4ed E5penses 4 multiplied with the total number of registered
voters &
! %A for president 5 vice president
! + for other candidates for every voter currently registered in the
constituency
! . for independent candidates and political parties
"oters
6!ali#ications
Age@ %: years old and over.
0esidence
%. He 5she should have resided in the !hilippines for one year and
*. 0esided in the city5municipality wherein he proposes to vote for at
least 9 months immediately preceding the election.
Residence Re)!irement
2f the transfer of residence is due to any of the following reasons, the
person concerned will be deemed 13- to have lost his original
residence@
A. -ransfer solely because of occupation, profession, employment in
private or public service
/. Educational activities
C. Cor in military or naval reservations
'. 8ervice in the army, navy or air force, national police force
E. Confinement5detention in government institutions in accordance
with law.
7 RA 8980 2 VOTER:S RE(ISTRATION ACT O+ 900,
Q: Can there still be general registration of voters?
A@ 1o more, because :%:G 4>& provides for such only for the May EG:
elections
Q: What kind of registration system do we have?
A@ Continuing, Computeri$ed and !ermanent
"is)!ali#ications
A. 2f sentenced by final (udgment to suffer imprisonment for not less
than 1 ear and such disability was not removed by plenary pardon or
has not been granted amnesty. However, any person dis#ualified to vote
shall automatically reac#uire the right to vote upon expiration of . years
after service of sentence.
/. Any person who has been ad(udged by final (udgment by competent
court or tribunal of having committed any crime involving disloalt to
the duly constituted government such as rebellion or any crime against
national security@
%. 61LE88 restored to his full civil and political rights in accordance with
law.
*. However, he shall regain his right to vote automatically upon
expiration of . years after service of sentence.
C# $nsane or incompetent persons as declared by competent authority.
*!risdiction in Incl!sion.E5cl!sion cases
A. -he municipal and metropolitan trial courts shall have original and
exclusive (urisdiction over all matters of inclusion and exclusion of
voters from the list in their respective municipalities or cities. !etition
filed at any time except %A. days before regular election or >. days
before special election
/. 'ecisions may be appealed to the 0-C within . days from receipt of
notice of decision.
C. 0-C will decide the appeal within %A days. 'ecision is final and
executory.
'. 1ote@ 0elate this to Article 2H of the Constitution which provides that
the C3MELEC has no (urisdiction over #uestions involving the right to
vote.
E. Exclusion is through sworn petition and not later than %AA days before
regular election) 9. days before special election
(ro!nds w'en t'e List o# Voters will %e altered3
'eactivation5 0eactivation
Exclusion5 2nclusion
Cancellation of 0egistration in case of 'eath
1ew voters
Annulment of /oo of 7oters
-ransfer of 0esidence
How is challenge to right to register effected?
Cho " any voter, candidate, political party representative
How " in writing, stating grnds, under oath, proof of notice of hearing
"eactivation means removing the registration records of persons from
the precinct boo of voters and place the same, properly mared and
dated in indelible in, in the inactive file after entering the cause of
deactivation.
How is reactivation of registration effected ?
8worn application for reactivation
Affidavit
1ot later than %*A days before regular election and GA days before
special election
Ann!lment o# ;oo< o# Voters is through verified petition) notice and
hearing) not prepared in accordance with law or prepared through
fraud, bribery, forgery, impersonation, intimidation, force, any similar
irregularity or which contains data that are statistically improbable
Cannot be done within GA days before election
Postponement of %lection
Ca!ses
7iolence
-errorism
Loss or destruction of election paraphernalia5records
<orce ma(eure
3ther analogous causes
E##ect
2t is impossible to hold a free, orderly and honest election in any
political subdivision
COMELEC can postpone t'e election 4when decided by a ma(ority vote
of the C3MELEC sitting en banc, 0A >%99&@
A. &otu proprio
/. 6pon a verified petition by any interested party, after due notice and
hearing
"ate o# new election
-he date of the postponed election should be reasonably close to the
date of the election not held, suspended, or which resulted in a failure
to elect. 2t should not be later than +A days after the cessation of the
cause for such postponement or suspension of the election or failure to
elect.
'ailure of %lection
Ca!ses
<orce ma(eure
7iolence
-errorism
<raud
3ther analogous causes
6nder 0A >%99, the causes for the declaration of the failure of election
may occur before or after the casting of votes or on the day of the
election.
E##ects o# a%ove ca!ses
A. Election in any polling place was not held on the date fixed)
/. Election was suspended before the hour fixed by law for the closing
of the voting
C. Elections results in a failure to elect 4after the voting and during the
preparation and transmission of the election returns or in the
custody or canvass thereof&
(ND the failure or suspension of the election would affect the result of
the election
Remedy
C3MELEC can call for the holding or continuation of the election not
held, suspended, or which resulted in a failure to elect. -he election
should be held not later than +A days after the cessation of the cause of
the postponement or suspension of the election or failure to elect. -his
is decided by the C3MELEC, by a ma(ority vote of its members, sitting
en banc.
RA =0-9 2 Party>List System Act
8ees to promote proportional representation
Any party already registered need not register anew. <ile
manifestation not later than GA days before election.
(ro!nds #or re#!sin or cancelin reistration o# Party>Lists ro!ps
%. 0eligious sect or denomination, organi$ation
*. Advocates violence
+. <oreign party or organi$ation
,. 0eceives foreign support
.. 7iolates election law
9. 6ntruthful statements in its petition
>. Ceased to exist for at least one year
:. <ailed to participate in the last two preceding elections or fails to
obtain at least *I of the votes cast under the party=list system in the
* preceding elections for the constituency in which it has registered
1omination of party=list reps should not include any candidate for any
elective office or a person who has lost his bid for an elective office in
the immediately preceding election
2ncumbent sectoral representatives in the House of 0epresentatives who
are nominated in the party=list system shall not be considered resigned
!arty List 0eps constitute *AI of the total number of the members of
the House of 0eps including those under the party=list
How do we determine the number of party list seats in the House of
Reps)
4J of 'istrict 0eps 5 A.:A& x A.*A K J of party list reps
-here are presently *A: legislative districts, according to the
7eterans <ederation Case
-he . ma(or political parties are now entitled to participate in the
party list system
!arties receiving at least *I of the total votes cast for the party=list
system shall be entitled to one seat each
1o party shall be entitled to more than + seats
Currently, there are *9A seats. 8o *A I of *9A is .* seats. /ut this is
only a ceiling.
A list with . names should be submitted to C3MELEC as to who will
represent the party in the Congress. 0aning in the list submitted
determines who shall represent party or organi$ation.
R!les #or Appreciation o# ;allots
Liberal Construction in favor of the validity of the ballot
Loo at the ticet slate, consider locality or literacy rate
0ule *%% of the 3EC
2ncumbency 5 8urname
Cannot ascertain " 8-0AL 73-E
Pre-Proclamation Controversies
"e#inition
%. A pre=proclamation controversy refers to any #uestion pertaining to
or affecting the proceedings of the board of canvassers which may be
raised by any candidate or by any registered political party or
coalition of political parties before the board or directly with the
C3MELEC.
%. 2t would also refer to any matter raised under 8ections *++, *+,,
*+., and *+9 of the 3mnibus Election Code in relation to the
preparation,
transmission, receipt, custody, and appreciation of the election
returns. 4/oard of canvassers have original (urisdiction while
C3MELEC have appellate (urisdiction&
1. Chen election returns are delayed, lost or destroyed
48ec.*++&
*. Material defects in the election returns 48ec. *+,&
+. Chen election returns appear to be tampered with or
falsified. 48ec. *+.&
,. 'iscrepancies in election returns 48ec. *+9&
C. -hose that can be filed with C3MELEC directly are the ff@
2ssue involves the illegal composition or proceedings of the board of
canvassers, as when a ma(ority or all of the members do not hold
legal appointments or are in fact usurpers
2ssue involves the correction of manifest errors in the tabulation or
tallying
of the results during the canvassing
Reco!nt
-here can be a recount under the grounds of *+,=*+9. -he returns
involved will affect the results and the integrity of the ballot box has
been preserved
Iss!es t'at may %e raised in a pre>proclamation controversy
%. 2llegal composition or proceedings of the board of canvassers
*. -he canvassed election returns are incomplete, contain material
defects, appear to be tampered with or falsified, or contain
discrepancies in the same returns or in authentic copies
thereof.
+. -he election returns were prepared under duress, threats, coercion,
or intimidation, or they are obviously manufactured, or not
authentic.
,. Chen substitute or fraudulent returns in controverted polling places
were canvassed, the results of which materially affected the standing
of the aggrieved candidate5s.
Proced!re
A. Contested composition or proceedings of the board 4under 0A >%99&
2t may be initiated in the board or directly with C3MELEC.
/. Contested election returns 4under 0A >%99&
Matters relating to the preparation, transmission, receipt, custody and
appreciation of the election returns, and certificate of canvass, should
be brought in the first instance before the board of canvassers only.
S!mmary nat!re o# pre>proclamation controversy
%. !re=proclamation controversies shall be heard summarily by the
C3MELEC.
*. 2ts decision shall be executory after the lapse of . days from receipt
by the losing party of the decision, unless restrained by the 8C.
E##ect o# #ilin petition to ann!l or s!spend proclamation
2t suspends the running of the period within which to file an election
protest or #uo warranto proceedings.
W'en not allowed
!re=proclamation cases on matters relating to the preparation,
transmission, receipt, custody and appreciation of the election returns
or the certificates of canvass 13- allowed in elections for@ 4under 0A
>%99&
!resident
7ice=!resident
8enator
Member of the House of 0epresentatives
;?T3 -he appropriate canvassing body motu propio or upon written
complaint of an interested person can correct manifest errors in the
certificate of canvass or election returns before it.
;?T3 Muestions affecting the composition or proceedings of the board
of canvassers may be initiated in the board or directly with C3MELEC.
W'en pre>proclamation cases are deemed TERMINATE" $RA =9,,&
%. All pre=proclamation cases pending before the C3MELEC shall be
deemed terminated at the beginning of the term of the office
involved and the rulings of the boards of canvassers concerned
deemed affirmed.
/. -his is without pre(udice to the filing of a regular election protest by
the aggrieved party.
C. H3CE7E0@ !roceedings MAL C31-216E if@
%. -he C3MELEC determines that the petition is meritorious and issues
an order for the proceedings to continue or
*. -he 8upreme Court issues an order for the proceedings to continue
in a petition for certiorari.
%lection Contest
Oriinal *!risdiction
C3MELEC has 302;21AL (urisdiction over contests relating to the
elections, returns, #ualifications of all elective@
0egional
!rovincial
City officials
Appellate *!risdiction
C3MELEC has A!!ELLA-E (urisdiction over all contests involving@
A. Elective M612C2!AL officials decided by trial courts of ;E1E0AL
(urisdiction
/. Elective /A0A1;AL officials decided by trial courts of L2M2-E'
(urisdiction
W'o can #ile a petition contestin t'e election
Any candidate who has duly filed a certificate of candidacy and has
been voted for the same office
P!rpose o# an election contest
-he defeated candidate sees to outs the proclaimed winner and claims
the seat.
+inal COMELEC "ecisions
!rovision that decisions, final orders, rulings of the Commission on
election contests involving municipal and barangay offices are final,
executory and not appealable@
A. -his only applies to #uestions of <AC-. 4 <lores v. C3MELEC, %:, 8C0A
,:,&
/. 2t does 13- preclude a special civil action of certiorari. 4;alido v.
C3MELEC, Nan. %:,%GG%&
"istinctions %etween Pre>Proclamation Controversy and Election Contest
%& 'ividing line@ !roclamation of a candidate
*& Nurisdiction
A. !re=proclamation controversy
%.-he (urisdiction of C3MELEC is administrative5#uasi=(udicial
*.2t is governed by the re#uirements of administrative due process
/. Election contest
%.-he (urisdiction of C3MELEC is (udicial
*.2t is governed by the re#uirements of (udicial process
+& 2n some cases, even if the case 4involving municipal officials&
began with the C3MELEC before proclamation but a proclamation is
made before the controversy is resolved, it ceases to be a pre=
proclamation controversy and becomes an election contest cogni$able
by the 0-C.
,& However, in some cases, the 8C has recogni$ed the (urisdiction of
C3MELEC over municipal cases even after proclamation. 0elate to the
provision in 0A >%99 allowing pre=proclamation controversy proceedings
to continue even after a proclamation has been made.
Election O##enses $ Selected O##enses&
Vote %!yin and vote>sellin
A@ Covered acts
%.;ive, offer or promise money or anything of value
*. Maing or offer to mae any expenditure, directly or indirectly, or
cause an expenditure to be made to any person, association,
corporation, entity or community
+.8oliciting or receiving, directly or indirectly, any expenditure or
promise of any office or employment, public or private
;@ P!rpose o# acts
%. -o induce anyone or the public in general to vote for or against any
candidate or withhold his vote in the election or
*. -o vote for or against any aspirant for the nomination or choice of a
candidate in a convention or similar selection
C@ ?nder RA ,,-, $Prosec!tion o# vote>%!yin.sellin&
%. !resentation of a complaint supported by affidavits of complaining
witnesses attesting to the offer or promise by or the voters acceptance
of money or other consideration from the relatives, leaders or
sympathi$ers of a candidate is sufficient basis for an investigation by the
C3MELEC,directly or through its duly authori$ed legal officers.
*. 'isputable presumption of conspiracy@
!roof that at least one voter in different precincts representing at least
*AI of the total precincts in any municipality, city or province has been
offered, promised or given money, valuable consideration or other
expenditure by a candidate relatives, leaders and5or sympathi$srs for
the purpose of promoting the election of such candidate.
+. 'isputable presumption of involvement
!roof affects at least *AI of the precincts of the municipality, city or
province to which the public office aspired for by the favored candidate
relates. -his will constitute a disputable presumption of the involvement
of such candidate and of his principal campaign managers in each of the
municipalities concerned in the conspiracy
Coercion o# a s!%ordinate
A@ W'o can %e 'eld lia%le
%. public officer
*. officer of a public5private corporation5association
+. heads5superior5administrator of any religious org.
,. employer5landowner
;@ Pro'i%ited acts
%. Coercing, intimidating or compelling or influencing, in any manner,
any subordinates, members, parishioners or employees or house
helpers, tenants, overseers, farm helpers, tillers or lease holders to
aid, campaign or vote for or against a candidate or aspirant for the
nomination or selection of candidates.
*. 'ismissing or threatening to dismiss, punishing or threatening to
punish by reducing salary, wage or compensation or by demotion,
transfer, suspension etc.
Appointment o# new employeesA creation o# new positionA promotion
or ivin salary increases3
A@ W'o can %e 'eld lia%le3 Any head5official5appointing officer of a
government office, agency or instrumentality, whether national or local,
including ;3CCs.
;@ Pro'i%ited acts
%.Appointing or hiring a new employee 4provisional, temporary or
casual&
*.Creating or filling any new position
+.!romoting5giving an increase in salary, remuneration or privilege to
any government official or employee.
C@ Period w'en acts are pro'i%ited
%. ,. days before a regular election
*. +A days before a special election
"@ E5ceptions
%. 6pon prior authority of C3MELEC if it is satisfied that the position to
be filled is essential to the proper functioning of the office5agency
concerned A1' that the position is not filled in a manner that may
influence the election
*. 2n case of urgent need, a new employee may be appointed. 1otice
of appointment should be given to C3MELEC within + days from
appointment.
Pro'i%ition aainst releaseA dis%!rsement or e5pendit!re o# p!%lic #!nds
A. W'o can %e 'eld lia%le3 Any public official or employee including
barangay officials and those of ;3CCs5subsidiaries
/. Pro'i%ited acts3
-he release, disbursement or expenditure of public funds for any and
other inds of public wors
C. Period w'en acts are pro'i%ited3
%. ,. days before a regular election
*. +A days before a special election
'. E5ception
%. maintenance of existing5completed public wors pro(ect.
*. wor undertaen by contract through public bidding, or by
negotiated contract awarded before the ,. day period before
election
+. payment for the usual cooperation for woring drawings,
specfications and other procedures preparatory to actual construction
including the purchase of material and e#uipment and incidental
expenses for wages.
,. Emergency wor necessitated by the occurrence of a public calamity
but such wor shall be limited to the restoration of the damaged
facility.
.. 3ngoing public wor pro(ects commenced before the campaign
period or similar pro(ects under foreign agreements.
S!spension o# electiveA provincialA cityA m!nicipal or %aranay o##icer
A. (eneral r!le3 public official CA113- suspend any of the officers
enumerated above during the election period.
/. E5ceptions
%. Cith prior approval of C3MELEC
*. 8uspension is for the purpose of applying the Anti=;raft and Corrupt
!ractices Act
$n relation to registration of voters*voting
6n(ustifiable refusal to register and vote
7oting more than once in the same election5voting when not a
registered voter
7oting in substitution for another with or without the lattersE
nowledge and5or consent etc.
Ot'er election o##enses !nder RA ,,-,
%. Causing the printing of official ballots and election returns by
printing establishments not on contract with C3MELEC and printing
establishments which undertaes unauthori$ed printing
*. -ampering, increasing or decreasing the votes received by a
candidate or refusing after proper verification and hearing to credit
the correct votes or deduct the tampered votes 4committed by a
member of the board of election inspectors&
+. 0efusing to issue the certificate of voters to the duly accredited
watchers 4committed by a member of the /E2&
,. !erson who violated provisions against prohibited forms of election
propaganda
.. <ailure to give notice of meetings to other members of the board,
candidate or political party 4committed by the Chairman of the board
of canvassers&
9. A person who has been declared a nuisance candidate or is
otherwise dis#ualified who continues to misrepresent himself as a
candidate 4Ex. by continuing to campaign& and any public officer or
private individual who nowingly induces or abets such
misrepresentation by commission or omission.
>. 2f the chairman of the /E2 fails to affix his signature at the bac of
the official ballot, in the presence of the voter, before delivering
the ballot to the voter. 4under 0A >%99&
Prescription o# Election O##enses
%. Election offenses shall prescribe after . years from the date of their
commission
*. 2f the discovery of the offense is made in an election contest
proceeding, the period of prescription shall commence on the date on
which the (udgment in such proceedings becomes final and executory
*!risdiction o# co!rts
%. 0-C has exclusive original (urisdiction to try and decide any criminal
action or proceedings for violation of the Code.
*. M-C5MC-C have (urisdiction over offenses relating to failure to
register or vote.