Thursday, September 10, 2009

Omnibus Election Code - Article XIII

OMNIBUS ELECTION CODE
Article XIII

PRECINCTS AND POLLING PLACES

Sec. 149. Precincts and their establishment. - The unit of territory for the purpose of voting is the election precinct, and every barangay as of the approval of this Act shall have at least one such precinct.

The Commission shall establish all election precincts.

The precincts actually established in the preceding regular election shall be maintained, but the Commission may introduce such adjustments, changes or new divisions or abolish them, if necessary: Provided, however, That the territory comprising an election precinct shall not be altered or a new precinct established within forty-five days before a regular election and thirty days before a special election or a referendum or plebiscite.

Sec. 150. Arrangements of election precincts. –

1.  Each election precinct shall have, as far as possible not more than three hundred voters and shall comprise, as far as practicable, contiguous and compact territory.

2.   When it appears that an election precinct contains more than three hundred voters, the Commission shall, in the interest of orderly election, and in order to facilitate the casting of votes, be authorized to divide a precinct not later than one week after the last day of registration of voters.  But the polling place of all the precincts created thereby shall be located in the same building or compound where the polling place of the original precinct is located, and if this be not feasible, in a place as close as possible to the polling place of the original precinct:  Provided, however, That the polling place of the new precinct may be located elsewhere upon written petition of the majority of the voters of the new precinct: Provided, further, That when a precinct is divided into two or more precincts, the registered voters shall be included in the precinct wherein they reside.  Every case of alteration of a precinct shall be duly published by posting a notice of any change in conspicuous location in the precinct, and in the municipal building or city hall, as the case may be.

3.  A municipality which has been merged with another municipality shall constitute at least one election precinct, if the distance between the remotest barangay of the merged municipality and the nearest polling place in the municipality to which it has been merged shall, by the shortest road, exceed five kilometers.

4.  An island or group of islands having one hundred and fifty or more voters shall constitute a precinct.

5.  Any alteration of the election precincts or the establishment of new ones shall be communicated to the provincial election supervisor, the provincial superintendent of schools, etc. together with the corresponding maps, which shall be published as prescribed in the next succeeding sections.

Sec. 151. Publication of maps or precincts. - At least five days before the first registration day preceding a regular election or special election or a referendum or a plebiscite, the Commission shall, through its duly authorized representative, post in the city hall or municipal building and in three other conspicuous places in the city or municipality and on the door of each polling place, a map of the city or municipality showing its division into precincts with their respective boundaries and indicating therein all streets and alleys in populous areas and the location of each polling place.

These maps shall be kept posted until after the election, referendum or plebiscite.

Sec. 152. Polling place. - A polling place is the building or place where the board of election inspectors conducts its proceedings and where the voters shall cast their votes.

Sec. 153. Designation of polling places. - The location of polling places designated in the preceding regular election shall continue with such changes as the Commission may find necessary, after notice to registered political parties and candidates in the political unit affected, if any, and hearing:  Provided, That no location shall be changed within forty-five days before a regular election and thirty days before a special election or a referendum or plebiscite, except in case it is destroyed or it cannot be used.

Sec. 154. Requirements for polling places. - Each polling place shall be, as far as practicable, a ground floor and shall be of sufficient size to admit and comfortably accommodate forty voters at one time outside the guard rail for the board of election inspectors.  The polling place shall be located within the territory of the precinct as centrally as possible with respect to the residence of the voters therein and whenever possible, such location shall be along a public road.  No designation of polling places shall be changed except upon written petition of the majority of the voters of the precinct or agreement of all the political parties or by resolution of the Commission upon prior notice and hearing.

A public building having the requirements prescribed in the preceding paragraph shall be preferred as polling place.

Sec. 155. Building that shall not be used as polling places. - No polling place shall be located in a public or private building owned, leased, or occupied by any candidate or of any person who is related to any candidate within the fourth civil degree of consanguinity or affinity, or any officer of the government or leader of any political party, group or faction, nor in any building or surrounding premises under the actual control of a private entity, political party or religious organization.  In places where no suitable public building is available, private school buildings may be used as polling places.  No polling place shall be located within the perimeter of or inside a military or police camp or reservation or within a prison compound.

Any registered voter, candidate or political party may petition the Commission not later than thirty days before the first registration day for the transfer of the polling place from the prohibited buildings provided herein.  Such petition shall be heard and decided by the Commission within twenty days from the filing of the petition.  Failure to effect the transfer of the polling place after the Commission found it to be located in violation of this section within the period prescribed herein shall be a ground for the postponement of the election in the polling place concerned.

Sec. 156. Signs and flags of polling places. - On the day of the voting as well as on any day that the board of election inspectors might meet, every polling place shall have in front a sign showing the number of the precinct to which it belongs and the Philippine flag shall be hoisted at the proper height.

Sec. 157. Arrangement and contents of polling places. - Each polling place shall conform as much as possible to the sketch on the following page.

Sec. 158. Voting booth. - During the voting, there shall be in each polling place a booth for every twenty voters registered in the precinct.  Each booth shall be open on the side fronting the table for the board of election inspectors and its three sides shall be closed with walls at least seventy centimeters wide and two meters high. The upper part shall be covered, if necessary, to preserve the secrecy of the ballot.  Each booth shall have in the background a shelf so placed that voters can write therein while standing and shall be kept clearly lighted, by artificial lights, if necessary, during the voting.

The Commission shall post inside each voting booth and elsewhere in the polling place on the day before the election, referendum and plebiscite a list containing the names of all the candidates or the issues or questions to be voted for, and shall at all times during the voting period keep such list posted in said places.

Sec. 159. Guard rails. –

a.                In every polling place there shall be a guard rail between the voting booths and the table for the board of election inspectors which shall have separate entrance and exit.  The booths shall be so arranged that they can be accessible only by passing through the guard rail and by entering through its open side facing the table of the board of election inspectors.

b.                There shall also be a guard rail for the watchers between the place reserved for them and the table for the board of election inspectors and at a distance of not more than fifty centimeters from the latter so that the watchers may see and read clearly during the counting of the contents of the ballots and see and count the votes recorded by the board of election inspectors member on the corresponding tally sheets.

c.                 There shall also be, if possible, guard rails separating the table of the board of election inspectors from the voters waiting for their turn to cast their votes, with entrance and exit to give them orderly access to the table and the booths during the voting.

d.                The polling place shall be so arranged that the booths, the table, the ballot boxes and the whole polling place, except what is being written within the booths, shall be in plain view of the board of election inspectors, the watchers and other persons who may be within the polling place.

Sec. 160. Ballot boxes. –

1.   There shall be in each polling place on the day of the voting a ballot box one side of which shall be transparent which shall be set in a manner visible to the voting public containing two compartments, namely, the compartment for valid ballots which is indicated by an interior cover painted white and the compartment for spoiled ballots which is indicated by an interior cover painted red.  The boxes shall be uniform throughout the Philippines and shall be solidly constructed and shall be closed with three different locks as well as three numbered security locks and such other safety devices as the Commission may prescribe in such a way that they can not be opened except by means of three distinct keys and by destroying such safety devices.

2.  In case of the destruction or disappearance of any ballot box on election day, the board of election inspectors shall immediately report it to the city or municipal treasurer who shall furnish another box or receptacle as equally adequate as possible.  The election registrar shall report the incident and the delivery of a new ballot box by the fastest means of communication on the same day to the Commission and to the provincial election supervisor.

Sec. 161. Tally boards. - At the beginning of the counting, there shall be placed within the plain view of the board of election inspectors, watchers and the public, a tally board where the names of all the registered candidates or the issues or questions to be voted upon shall be written, and the poll clerk shall record thereon the votes received by each of them as the chairman of the board of election inspectors reads the ballot.

Sec. 162. Furnishing of ballot boxes, forms, stationeries and materials for election. - The Commission shall prepare and furnish the ballot boxes, forms, stationeries and materials necessary for the registration of voters and the holding of the election.

The provincial, city and municipal treasurer shall have custody of such election paraphernalia, supplies and materials as are entrusted to him under the law or rules of the Commission and shall be responsible for their preservation and storage, and for any loss, destruction, impairment or damage of any election equipment, material or document in their possession furnished under this Code.

Sec. 163. Inspection of polling places. - Before the day of the election, referendum or plebiscite, the Chairman of the Commission shall, through its authorized representatives, see to it that all polling places are inspected and such omissions and defects as may be found corrected.  The Commission shall keep the reports on these inspections.

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Omnibus Election Code - Article XII

OMNIBUS ELECTION CODE
Article XII


REGISTRATION OF VOTERS

(Please see RA 8189 for registration updates
concerning the Continuing Registration System.)

Sec. 113. Permanent List of Voters. - Any provision of Presidential Decree No. 1896 to the contrary notwithstanding, the list of voters prepared and used in the election of Members of the Batasang Pambansa on May 14, 1984, with such additions, cancellations and corrections as may hereafter be made in accordance with the provisions of this Code, shall constitute the permanent list of voters in each city or municipality, as the case may be, until 1996.

      For purposes of the next following election, the Commission, through the election registrars, shall assign the proper precincts and polling places to the registered voters in said list. Written notice of any such change shall be made to the affected voters within two weeks therefrom.

Sec. 114. Renewal of the Permanent List. - The list of voters prepared in accordance with the preceding section shall be renewed in nineteen hundred and ninety-six and every twelve years thereafter.

Sec. 115. Necessity of Registration. - In order that a qualified elector may vote in any election, plebiscite or referendum, he must be registered in the permanent list of voters for the city or municipality in which he resides.

Sec. 116. Who may be registered in the list. - All persons having complied with the requisites herein prescribed for the registration of voters shall be registered in the list, provided they possess all the qualifications and none of the disqualifications of a voter. Those who failed to register in the election of 1984, for any reason whatsoever, may register in accordance with the provisions of this Code. Any person who may not have on the date of registration the age or period of residence required may also be registered upon proof that on the date of the election, plebiscite or referendum he shall have such qualifications.

Sec. 117. Qualifications of a voter. - Every citizen of the Philippines, not otherwise disqualified by law, eighteen years of age or over, who shall have resided in the Philippines for one year and in the city or municipality wherein he proposes to vote for at least six months immediately preceding the election, may be registered as a voter.

     Any person who transfers residence to another city, municipality or country solely by reason of his occupation; profession; employment in private or public service; educational activities; work in military or naval reservations; service in the army, navy or air force; the constabulary or national police force; or confinement or detention in government institutions in accordance with law, shall be deemed not to have lost his original residence.

Sec. 118. Disqualifications. - The following shall be disqualified from voting:

1.    Any person who has been sentenced by final judgment to suffer imprisonment for not less than one year, such disability not having been removed by plenary pardon or granted amnesty: Provided, however, That any person disqualified to vote under this paragraph shall automatically reacquire the right to vote upon expiration of five years after service of sentence.

2.    Any person who has been adjudged by final judgment by competent court or tribunal of having committed any crime involving disloyalty to the duly constituted government such as rebellion, sedition, violation of the anti-subversion and firearms laws, or any crime against national security, unless restored to his full civil and political rights in accordance with law: Provided, That he shall regain his right to vote automatically upon expiration of five years after service of sentence.

3.    Insane or incompetent persons as declared by competent authority.

Sec. 119. Preparation of the permanent list of voters. - For the preparation of the permanent list of voters in nineteen hundred and ninety-six and every twelve years thereafter, the board of election inspectors referred to in Article XIV hereof of each election precinct shall hold four meetings on the seventh Saturday, seventh Sunday, sixth Saturday and sixth Sunday preceding the date of the regular election to be held. At these meetings the board shall prepare eight copies of the list of voters of the precinct wherein it shall register the electors applying for registration.

Sec. 120. Preparation of the list before other regular elections. - For the preparation of the list before other regular elections, the board of election inspectors of each election precinct shall meet in the polling place on the seventh and sixth Saturdays before the day of the election. At these meetings, the board shall prepare and certify eight copies of the list of voters of the corresponding precinct transferring thereto the names of the voters appearing in the list used in the preceding election and including therein such new qualified voters as may apply for registration, as provided in Section 126 hereof.

Sec. 121. Preparation of the list before any special election, plebiscite or referendum. - For the preparation of the list of voters before a special election, plebiscite or referendum, the board of elections inspectors of each election precinct shall hold a meeting in the polling place on the second Saturday following the day of the proclamation calling such election. At this meeting the board shall transfer the names of the voters appearing in the list used in the preceding election and enter those of the newly registered voters.

Sec. 122. Transfer of names of voters from the permanent list to the current one. - The transfer of the names of the voters of the precinct already registered in the list used in the preceding election to the list to be made as provided for in the two preceding sections is a ministerial duty of the board, and any omission or error in copying shall be corrected motu proprio, or upon petition of the interested party, without delay and in no case beyond three days from the time such error is noticed; and if the board should refuse, the interested party may apply for such correction to the proper municipal or metropolitan trial court which shall decide the case without delay and in no case beyond three days from the date the petition is filed. The decision of the proper municipal or metropolitan trial court shall be final and unappealable in whatever form or manner.

      To facilitate the transfer of names of voters, the election registrar shall deliver the book of voters to the board of election inspectors on the day before the registration of voters, to be returned after the last day of registration.

Sec. 123. Cancellation and exclusion in the transfer of names. - In transferring the names of the voters of the precinct from the list used in the preceding election to the current list, the board shall exclude those who have applied for the cancellation of their registration, those who have died, those who did not vote in the immediately preceding two successive regular elections, those who have been excluded by court orders issued in accordance with the provisions of this Code, and those who have been disqualified, upon motion of any member of the board or of any elector or watcher, upon satisfactory proof to the board and upon summons to the voter in cases of disqualification. The motion shall be decided by the board without delay and in no case beyond three days from its filing. Should the board deny the motion, or fail to act thereon within the period herein fixed, the interested party may apply for such exclusion to the municipal or metropolitan trial court which shall decide the petition without delay and in no case beyond three days from the date the petition is filed. The decision of the court shall be final. The poll clerk shall keep a record of these exclusions and shall furnish three copies thereof to the election registrar who shall, in turn keep one copy and send the two other copies thereof to the provincial election supervisor and the Commission, to be attached by them to the permanent list under their custody.

Sec. 124. Meeting to close the list of voters. - The board of election inspectors shall also meet on the second Saturday immediately preceding the day of the regular election, or on the second day immediately preceding the day of the special election, plebiscite or referendum whether it be Sunday or a legal holiday, for the purpose of making such inclusions, exclusions, 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; and for the consecutive numbering of the voters of the election precinct.

     Should the board fail to include in the list of voters any person ordered by competent court to be so included, said person shall, upon presentation of a certified copy of the order of inclusion and upon proper identification, be allowed by the board to vote.

     Should the board fail to exclude from the list of voters any person ordered by the court to be so excluded, the board shall not permit said person to vote upon presentation to it by any interested party of a certified copy of the order of exclusion.

Sec. 125. Re-registration. - A voter who is registered in the permanent list of voters need not register anew for subsequent elections unless he transfer residence to another city or municipality, or his registration has been cancelled on the ground of disqualification and such disqualification has been lifted or removed. Likewise a voter whose registration has been cancelled due to failure to vote in the preceding regular election may register anew in the city or municipality where he is qualified to vote.

Sec. 126. Registration of voters. - On the seventh and sixth Saturdays before a regular election or on the second Saturday following the day of the proclamation calling for a new special election, plebiscite or referendum, any person desiring to be registered as a voter shall accomplish in triplicate before the board of election inspectors a voter's affidavit in which shall be stated the following data:

1.    Name, surname, middle name, maternal surname;

2.    Date and place of birth;

3.    Citizenship;

4.    Periods of residence in the Philippines and in the place of registration;

5.    Exact address with the name of the street and house number or in case there is none, a brief description of the locality and the place;

6.    A statement that the applicant has not been previously registered, otherwise he shall be required to attach a sworn application for cancellation of his previous registration; and

7.    Such other information or data which may be required by the Commission.

     The voter's affidavit shall also contain three specimens of the applicant's signature and clear and legible prints of his left and right hand thumbmarks and shall be sworn to and filed together with four copies of the latest identification photograph to be supplied by the applicant.

     The oath of the applicant shall include a statement that he does not have any of the disqualifications of a voter and that he has not been previously registered in the precinct or in any other precinct.

     Before the applicant accomplishes his voter's affidavit, the board of election inspectors shall appraise the applicant of the qualifications and disqualifications prescribed by law for a voter. It shall also see to it that the accomplished voter's affidavit contain all the data therein required and that the applicant's specimen signatures, the prints of his left and right hand thumbmarks and his photograph are properly affixed in each of the voter's affidavit.

Sec. 127. Illiterate or disabled applicants. - The voter's affidavit of an illiterate or physically disabled person may be prepared by any relative within the fourth civil degree of consanguinity of affinity or by any member of the board of election inspectors who shall prepare the affidavit in accordance with the data supplied by the applicant.

Sec. 128. Voter's identification. - The identification card issued to the voter shall serve and be considered as a document for the identification of each registered voter: Provided, however, That if the voter's identity is challenged on election day and he cannot present his voter identification card, his identity may be established by the specimen signatures, the photograph or the fingerprints in his voter's affidavit in the book of voters. No extra or duplicate copy of the voter identification card shall be prepared and issued except upon authority of the Commission.

     Each identification card shall bear the name and the address of the voter, his date of birth, sex, civil status, occupation, his photograph, thumbmark, the city or municipality and number of the polling place where he is registered, his signature, his voter serial number and the signature of the chairman of the board of election inspectors.

     Any voter previously registered under the provisions of Presidential Decree Numbered 1896 who desires to secure a voter identification card shall, on any registration day, provide four copies of his latest identification photograph to the board of election inspectors which upon receipt thereof shall affix one copy thereof to the voter's affidavit in the book of voters, one copy to the voter identification card to be issued to the voter and transmit through the election registrar, one copy each to the provincial election supervisor and the Commission to be respectively attached to the voter's affidavit in their respective custody.

Sec. 129. Action by the board of election inspectors. - Upon receipt of the voter's affidavit, the board of election inspectors shall examine the data therein. If it finds that the applicant possesses all the qualifications and none of the disqualifications of a voter, he shall be registered. Otherwise, he shall not be registered.

     The name and address of each registered voter shall, immediately upon his registration, be entered in the proper alphabetical group in the list after which the voter identification card shall be issued to the voter.

Sec. 130. Provincial central file of registered voters. - There shall be a provincial central file of registered voters containing the duplicate copies of all approved voter's affidavits in each city and municipality in the province which shall be under the custody and supervision of the provincial election supervisor. The applications shall be compiled alphabetically by precincts so as to make the file an exact replica of the book of voters in the possession of the election registrar.

     Should the book of voters in the custody of the election registrar be lost or destroyed at a time so close to the election day that there is no time to reconstitute the same, the corresponding book of voters in the provincial file shall be used during the voting.

Sec. 131. National central file of registered voters. - There shall also be a national central file of registered voters consisting of the triplicate copies of all approved voters' affidavits in all cities and municipalities which shall be prepared and kept in the central office of the Commission. The applications in the national central file shall be compiled alphabetically according to the surnames of the registered voters regardless of the place of registration.

Sec. 132. Preservation of voter's affidavits. - A copy of the affidavit of each voter shall be kept by the board of election inspectors until after the election when it shall deliver the same to the election registrar together with the copies of the list of voters and other election papers for use in the next election. The election registrar shall compile the voter's affidavits by precinct alphabetically in a book of voters. The other two copies shall be sent by the board of election inspectors on the day following the date of the affidavit to the office of the provincial election supervisor and the Commission in Manila. The provincial election supervisor and the Commission shall respectively file and preserve the voter's affidavits by city and municipality and in alphabetical order of their surnames. The fourth copy shall be given to the voter as evidence of his registration.

Sec. 133. Columns in the list of voters. - The list of voters shall be arranged in columns as follows: In the first column there shall be entered, at the time of closing of the list before the election, a number opposite the name of each voter registered, beginning with number one and continuing in consecutive order until the end of the list. In the second column, the surnames of the registered voters shall be written in alphabetical order followed by their respective first names, without abbreviations of any kind. In the third column, the respective residences of such persons with the name of the street and number, or, in case there be none, a brief description of the locality or place. In the fourth column, shall be entered the periods of residence in the Philippines and in the city or municipality. In the fifth column, there shall be entered on the day of the election the numbers of the ballots which were given successively to each voter. In the sixth column, the voter shall stamp on the day of the election the mark of the thumb of his right hand and under said mark his signature. And in the seventh column, the signature of the chairman of the board of election inspectors who has handed the ballot to the voter. It will be sufficient that the fifth, sixth, and seventh columns shall be filled in the copy of the list under the custody of the board of election inspectors which shall see to it that the thumbmark is stamped plainly.

Sec. 134. Certificate of the board of election inspectors in the list of voters. - Upon the adjournment of each meeting for the registration of voters, the board of election inspectors shall close each alphabetical group of surnames of voters by writing the dates on the next line in blank, which shall be forthwith signed by each member, and, before adding a new name on the same page at the next meeting, it shall write the following: "Added at the _ _ _ meeting" specifying if it is the second third or fourth meeting of the board, as the case may be. If the meeting adjourned is the last one for the registration of voters, the board shall, besides closing each alphabetical group of voters as above provided, add at the end of the list a certificate (a) of the corrections and cancellations made in the permanent list, specifying them, or that there has been none, and (b) of the total number of voters registered in the precinct.

Sec. 135. Publication of the list. - At the first hour of the working day following the last day of registration of voters, the poll clerk shall deliver to the election registrar a copy of the list certified to by the board of election inspectors as provided in the preceding section; another copy, also certified, shall be sent to the provincial election supervisor of the province, and another, likewise certified, shall be sent to the Commission, in whose offices said copies shall be open to public inspection during regular office hours. On the same day and hour, the poll clerk shall also post a copy of the list in the polling place in a secure place on the door or near the same at a height of a meter and a half, where it may be conveniently consulted by the interested parties. The chairman, poll clerk and the two members of the board of election inspectors shall each keep a copy of the list which may be inspected by the public in their residence or office during regular office hours. Immediately after the meeting for the closing of the list, the poll clerk shall also send a notice to the election registrar, provincial election supervisor and the Commission regarding the changes and the numbering above referred to, to be attached to the copy of the list under their custody.

Sec. 136. Challenge of right to register. - Any person applying for registration may be challenged before the board of election inspectors on any registration day be any member, voter, candidate, or watcher. The board shall then examine the challenged person and shall receive such other evidence as it may deem pertinent, after which it shall decide whether the elector shall be included in or excluded from the list as may be proper. All challenges shall be heard and decided without delay, and in no case beyond three days from the date the challenge was made.

     After the question has been decided, the board of election inspectors shall give to each party a brief certified statement setting forth the challenge and the decision thereon.

Sec. 137. Power of the board of election inspectors to administer oaths and issue summons. - For the purpose of determining the right of applicants to be registered as voters in the list, the board of election inspectors shall have the same power to administer oaths, to issue subpoena and subpoena duces tecum and to compel witnesses to appear and testify, but the latter's fees and expenses incident to the process shall be paid in advance by the party in whose behalf the summons is issued.

Sec. 138. Jurisdiction in inclusion and exclusion cases. - The municipal and metropolitan trial courts shall have original and exclusive jurisdiction over all matters of inclusion and exclusion of voters from the list in their respective municipalities or cities. Decisions of the municipal or metropolitan trial courts may be appealed directly by the aggrieved party to the proper regional trial court within five days from receipt of notice thereof, otherwise said decision of the municipal or metropolitan trial court shall become final and executory after said period. The regional trial court shall decide the appeal within ten days from the time the appeal was received and its decision shall be immediately final and executory. No motion for reconsideration shall be entertained by the courts.

Sec. 139. Petition for inclusion of voters in the list. - Any person whose application for registration has been disapproved by the board of election inspectors or whose name has been stricken out from the list may apply, within twenty days after the last registration day, to the proper municipal or metropolitan trial court, for an order directing the board of election inspectors to include or reinstate his name in the list, together with the certificate of the board of election inspectors regarding his case and proof of service of notice of his petition upon a member of the board of election inspectors with indication of the time, place, and court before which the petition is to be heard.

Sec. 140. Voters excluded through inadvertence or registered with an erroneous or misspelled name. - Any voter registered in the permanent list who has not been included in the list prepared for the election or who has been included therein with a wrong or misspelled name shall have the right to file an application on any date with the proper municipal or metropolitan trial court, for an order directing that his name be reinstated in the list or that he be registered with his correct name. He shall attach to such application a certified copy of the entry of his name in the list of the preceding election, together with proof that he has applied without success to the board of election inspectors and that he has served notice thereof upon a member of the board.

Sec. 141. Change of name of registered voter. - Any previously registered voter whose name has been changed by reason of marriage or by virtue of a court order may request the board of election inspectors during any of its meetings held under this Article that his registration in the list be recorded under his or her new name.

Sec. 142. Petition for exclusion of voters from the list. - Any registered voter in a city or municipality may apply at any time except during the period beginning with the twenty-first day after the last registration day of any election up to and including election day with the proper municipal or metropolitan trial court, for the exclusion of a voter from the list, giving the name and residence of the latter, the precinct in which he is registered, and the grounds for the challenge. The petition shall be sworn to and accompanied by proof of notice to the board of election inspectors concerned, if the same is duly constituted, and to the challenged voters.

Sec. 143. Common rules governing judicial proceedings in the matter of inclusion, exclusion, and correction of names of voters. -
1.    Outside of regular office hours no petition for inclusion, exclusion, or correction of names of voters shall be received.

2.    Notices to the members of the board of election inspectors and to challenged voters shall state the place, day and hour in which such petition shall be heard, and such notice may be made by sending a copy thereof by registered mail or by personal delivery or by leaving it in the possession of a person of sufficient discretion in the residence of the said person or, in the event that the foregoing procedure is not practicable, by posting a copy in a conspicuous place in the city hall or municipal building and in two other conspicuous places within the city or municipality, at least ten days prior to the day set for the hearing. 

      In the interest of justice and to afford the challenged voter every opportunity to contest the petition for exclusion, the court concerned may, when the challenged voter fails to appear in the first day set for the hearing, order that notice be effected in such manner and within such period of time as it may decide, which time shall in no case be more than ten days from the day the respondent is first found in default.

3.    Each petition shall refer to only one precinct.

4.    No costs shall be assessed in these proceedings. However, if the court should be satisfied that the application has been filed for the sole purpose of molesting the adverse party and causing him to incur expenses, it may condemn the culpable party to pay the costs and incidental expenses.

5.    Any candidate who may be affected by the proceedings may intervene and present his evidence.

6.    The decision shall be based on the evidence presented. If the question is whether or not the voter is real or fictitious, his non-appearance on the day set for hearing shall be prima facie evidence that the registered voter is fictitious. In no case shall a decision be rendered upon a stipulation of facts.

7.    These applications shall be heard and decided without delay. The decision shall be rendered within six hours after the hearing and within ten days from the date of its filing in court. Cases appealed to the regional trial court shall be decided within ten days from receipt of the appeal in the office of the clerk of court. In any case, the court shall decide these petitions not later than the day before the election and the decision rendered thereon shall be immediately final and executory, notwithstanding the provisions of Section 138 on the finality of decisions.

Sec. 144. Canvass to check registration. - The election registrar shall, once every two years or more often should the Commission deem it necessary in order to preserve the integrity of the permanent lists of voters, conduct verification by mail or house-to-house canvass, or both, of the registered voters of any barangay for purposes of exclusion proceedings.

Sec. 145. Annulment of permanent lists of voters. - Any book of voters not prepared in accordance with the provisions of this Code or the preparation of which has been effected with fraud, bribery, forgery, impersonation, intimidation, force, or any other similar irregularity or which list is statistically improbable may, upon verified petition of any voter or election registrar, or duly registered political party, and after notice and hearing, be annulled by the Commission: Provided, That no order, ruling or decision annulling a book of voters shall be executed within sixty days before an election.

Sec. 146. Reconstitution of lost or destroyed registration records. - The Commission shall reconstitute all registration records which have been lost or destroyed. For this purpose, it shall be the duty of the election registrar to immediately report to the Commission any case of loss or destruction of approved applications for registration in their custody. Such reconstitution shall be made with the use of the corresponding copies in the national or provincial central files of registered voters: Provided, That if this is not feasible, the registered voter concerned may be summoned by the election registrar to effect such reconstitution by accomplishing a new application. Reconstituted forms shall be clearly marked with the word "reconstituted".

     The reconstitution of any lost or destroyed application for registration shall not affect the criminal liability of any person or persons who may be responsible for such loss or destruction.

Sec. 147. Examination of registration records. - All registration records in the possession of the city or municipal election registrar, the provincial election supervisor, and the Commission shall, during regular office hours, be open to examination by the public with legitimate inquiries for purposes of election.

     Law enforcement agencies shall, upon prior authorization by the Commission, have access to said registration records should the same be necessary to, or in aid of, their investigative functions and duties, subject to regulations promulgated by the Commission.

Sec. 148. List of voters. - Fifteen days before the date of the regular election or special election, referendum or plebiscite, the board of election inspectors must post the final list of voters in each precinct with each and every page thereof duly signed or subscribed and sworn to by the members of the board of election inspectors and that failure to comply with this provision will constitute an election offense.

     Any candidate or authorized representative of an accredited political party, upon formal request made to an election registrar, shall be entitled to a certified copy of the most recent list of voters in any precinct, municipality, city or province, upon payment of a reasonable fee as may be prescribed by the Commission.

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Omnibus Election Code - Article XI


OMNIBUS ELECTION CODE
Article XI

ELECTORAL CONTRIBUTIONS AND EXPENDITURES


Sec. 94. Definitions. - As used in this Article:
  1. The term "contribution" includes a gift, donation, subscription, loan, advance or deposit of money or anything of value, or a contract, promise or agreement to contribute, whether or not legally enforceable, made for the purpose of influencing the results of the elections but shall not include services rendered without compensation by individuals volunteering a portion or all of their time in behalf of a candidate or political party. It shall also include the use of facilities voluntarily donated by other persons, the money value of which can be assessed based on the rates prevailing in the area.

  2. The term "expenditure" includes the payment or delivery of money of anything of value, or a contract, promise or agreement to make an expenditure, for the purpose of influencing the results of the election. It shall also include the use of facilities personally owned by the candidate, the money value of the use of which can be assessed based on the rates prevailing in the area.

  3. The term "person" includes an individual, partnership, committee, association, corporation, and any other organization or group of persons.
Sec. 95. Prohibited contributions. - No contribution for purposes of partisan political activity shall be made directly or indirectly by any of the following:
  1. Public or private financial institutions: Provided, however, That nothing herein shall prevent the making of any loan to a candidate or political party by any such public or private financial institutions legally in the business of lending money, and that the loan is made in accordance with laws and regulations and in the ordinary course of business;

  2. Natural and juridical persons operating a public utility or in possession of or exploiting any natural resources of the nation;

  3. Natural and juridical persons who hold contracts or sub-contracts to supply the government or any of its divisions, subdivisions or instrumentalities, with goods or services or to perform construction or other works;

  4. Natural and juridical persons who have been granted franchises, incentives, exemptions, allocations or similar privileges or concessions by the government or any of its divisions, subdivisions or instrumentalities, including government-owned or controlled corporations;

  5. Natural and juridical persons who, within one year prior to the date of the election, have been granted loans or other accommodations in excess of P100,000 by the government or any of its divisions, subdivisions or instrumentalities including government-owned or controlled corporations;

  6. Educational institutions which have received grants of public funds amounting to no less than P100,000.00;

  7. Officials or employees in the Civil Service, or members of the Armed Forces of the Philippines; and

  8. Foreigners and foreign corporations.
      It shall be unlawful for any person to solicit or receive any contribution from any of the persons or entities enumerated herein.
Sec. 96. Soliciting or receiving contributions from foreign sources. - It shall be unlawful for any person, including a political party or public or private entity to solicit or receive, directly or indirectly, any aid or contribution of whatever form or nature from any foreign national, government or entity for the purposes of influencing the results of the election.
Sec. 97. Prohibited raising of funds. - It shall be unlawful for any person to hold dances, lotteries, cockfights, games, boxing bouts, bingo, beauty contests, entertainments, or cinematographic, theatrical or other performances for the purpose of raising funds for an election campaign or for the support of any candidate from the commencement of the election period up to and including election day; or for any person or organization, whether civic or religious, directly or indirectly, to solicit and/or accept from any candidate for public office, or from his campaign manager, agent or representative, or any person acting in their behalf, any gift, food, transportation, contribution or donation in cash or in kind from the commencement of the election period up to and including election day; Provided, That normal and customary religious stipends, tithes, or collections on Sundays and/or other designated collection days, are excluded from this prohibition.
Sec. 98. True name of contributor required. - No person shall make any contribution in any name except his own nor shall any candidate or treasurer of a political party receive a contribution or enter or record the same in any name other than that of the person by whom it was actually made.
Sec. 99. Report of contributions. - Every person giving contributions to any candidate, treasurer of the party, or authorized representative of such candidate or treasurer shall, not later than thirty days after the day of the election, file with the Commission a report under oath stating the amount of each contribution, the name of the candidate, agent of the candidate or political party receiving the contribution, and the date of the contribution.
Sec. 100. Limitations upon expenses of candidates. - No candidate shall spend for his election campaign an aggregate amount exceeding one peso and fifty centavos for every voter currently registered in the constituency where he filed his candidacy: Provided, That the expenses herein referred to shall include those incurred or caused to be incurred by the candidate, whether in cash or in kind, including the use, rental or hire of land, water or aircraft, equipment, facilities, apparatus and paraphernalia used in the campaign: Provided, further, That where the land, water or aircraft, equipment, facilities, apparatus and paraphernalia used is owned by the candidate, his contributor or supporter, the Commission is hereby empowered to assess the amount commensurate with the expenses for the use thereof, based on the prevailing rates in the locality and shall be included in the total expenses incurred by the candidate.
Sec. 101. Limitations upon expenses of political parties. - A duly accredited political party may spend for the election of its candidates in the constituency or constituencies where it has official candidates an aggregate amount not exceeding the equivalent of one peso and fifty centavos for every voter currently registered therein. Expenses incurred by branches, chapters, or committees of such political party shall be included in the computation of the total expenditures of the political party.
     Expenses incurred by other political parties shall be considered as expenses of their respective individual candidates and subject to limitation under Section 100 of this Code.
Sec. 102. Lawful expenditures. - To carry out the objectives of the preceding sections, no candidate or treasurer of a political party shall, directly or indirectly, make any expenditure except for the following purposes:
  1. For travelling expenses of the candidates and campaign personnel in the course of the campaign and for personal expenses incident thereto;

  2. For compensation of campaigners, clerks, stenographers, messengers, and other persons actually employed in the campaign;

  3. For telegraph and telephone tolls, postage, freight and express delivery charges;

  4. For stationery, printing and distribution of printed matters relative to candidacy;

  5. For employment of watchers at the polls;

  6. For rent, maintenance and furnishing of campaign headquarters, office or place of meetings;

  7. For political meetings and rallies and the use of sound systems, lights and decorations during said meetings and rallies;

  8. For newspaper, radio, television and other public advertisements;

  9. For employment of counsel, the cost of which shall not be taken into account in determining the amount of expenses which a candidate or political party may have incurred under Section 100 and 101 hereof;

  10. For copying and classifying list of voters, investigating and challenging the right to vote of persons registered in the lists the costs of which shall not be taken into account in determining the amount of expenses which a candidate or political party may have incurred under Sections 100 and 101 hereof; or

  11. For printing sample ballots in such color, size and maximum number as may be authorized by the Commission and the cost of such printing shall not be taken into account in determining the amount of expenses which a candidate or political party may have incurred under Sections 100 and 101 hereof.
Sec. 103. Persons authorized to incur election expendiitures. - No person, except the candidate, the treasurer of a political party or any person authorized by such candidate or treasurer, shall make any expenditure in support of or in opposition to any candidate or political party. Expenditures duly authorized by the candidate or the treasurer of the party shall be considered as expenditures of such candidate or political party.
      The authority to incur expenditures shall be in writing, copy of which shall be furnished the Commission signed by the candidate or the treasurer of the party and showing the expenditures so authorized, and shall state the full name and exact address of the person so designated.
Sec. 104. Prohibited donations by candidates, treasurers of parties or their agents. - No candidate, his or her spouse or any relative within the second civildegree of consanguinity or affinity, or his campaign manager, agent or representative shall during the campaign period, on the day before and on the day of the election, directly or indirectly, make any donation, contribution or gift in cash or in kind, or undertake or contribute to the construction or repair of roads, bridges, school buses, puericulture centers, medical clinics and hospitals, churches or chapels cement pavements, or any structure for public use or for the use of any religious or civic organization: Provided, That normal and customary religious dues or contributions, such as religious stipends, tithes or collections on Sundays or other designated collection days, as well as periodic payments for legitimate scholarships established and school contributions habitually made before the prohibited period, are excluded from the prohibition.
      The same prohibition applies to treasurers, agents or representatives of any political party.
Sec. 105. Accounting by agents of candidate or treasurer. - Every person receiving contributions or incurring expenditures by authority of the candidate or treasurer of the party shall, on demand by the candidate or treasurer of the party and in any event within five days after receiving such contribution or incurring such expenditure, render to the candidate or the treasurer of the party concerned, a detailed account thereof with proper vouchers or official receipts.
Sec. 106. Records of contributions and expenditures. -
  1. It shall be the duty of every candidate, treasurer of the political party and person acting under the authority of such candidate or treasurer to issue a receipt for every contribution received and to obtain and keep a receipt stating the particulars of every expenditure made.

  2. Every candidate and treasurer of the party shall keep detailed, full, and accurate records of all contributions received and expenditures incurred by him and by those acting under his authority, setting forth therein all information required to be reported.

  3. Every candidate and treasurer of the party shall be responsible for the preservation of the records of contributions and expenditures, together with all pertinent documents, for at least three years after the holding of the election to which they pertain and for their production for inspection by the Commission or its duly authorized representative, or upon presentation of a subpoena duces tecum duly issued by the Commission. Failure of the candidate or treasurer to preserve such records or documents shall be deemedprima facie evidence of violation of the provisions of this Article.
Sec. 107. Statement of contributions and expenditures. - Every candidate and treasurer of the political party shall, not later than seven days, or earlier than ten days before the day of the election, file in duplicate with the office indicated in the following section, full, true and itemized, statement of all contributions and expenditures in connection with the election.
     Within thirty days after the day of the election, said candidate and treasurer shall also file in duplicate a supplemental statement of all contribution and expenditures not included in the statement filed prior to the day of the election.
Sec. 108. Place for filing statements. - The statements of contributions and expenditures shall be filed as follows:
  1. Those of candidates for President and Vice-President, with the Commission.

  2. Those of candidates for Members of the Batasang Pambansa, with the provincial election supervisor concerned, except those of candidates in the National Capital Region which shall be filed with the regional election director of said region.

  3. Those of candidates for provincial offices, with the provincial election supervisor concerned.

  4. Those of candidates for city, municipal and barangay offices, with the election registrar concerned.
      If the statement is sent by mail, it shall be by registered mail, and the date on which it was registered with the post office may be considered as the filing date thereof if confirmed on the same date by telegram or radiogram addressed to the office or official with whom the statement should be filed.
The provincial election supervisors and election registrars concerned shall, within fifteen days after the last day for the filing of the statements, send to the Commission duplicate copies of all statements filed with them.
Sec. 109. Form and contents of statement. - The statement shall be in writing, subscribed and sworn to by the candidate or by the treasurer of the party, shall be complete as of the date next preceding the date of filing and shall set forth in detail (a) the amount of contribution, the date of receipt, and the full name and exact address of the person from whom the contribution was received; (b) the amount of every expenditure, the date thereof, the full name and exact address of the person to whom payment was made, and the purpose of the expenditure; (c) any unpaid obligation, its nature and amount, and to whom said obligation is owing; and (d) such other particulars which the Commission may require.
      If the candidate or treasurer of the party has received no contribution, made no expenditure, or has no pending obligation, the statement shall reflect such fact.
Sec. 110. Preservation and inspection of statements. - All statements of contributions and expenditures shall be kept and preserved at the office where they are filed and shall constitute part of the public records thereof for three years after the election to which they pertain. They shall not be removed therefrom except upon order of the Commission or of a competent court and shall, during regular office hours, be subject and open to inspection by the public. The officer in-charge thereof, shall, on demand, furnish certified copies of any statement upon payment of the fee prescribed under Section 270 hereof.
      It shall be the duty of the Commission to examine all statements of contributions and expenditures of candidates and political parties to determine compliance with the provisions of this Article.
Sec. 111. Effect of failure to file statement. - In addition to other sanctions provided in this Code, no person elected to any public office 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 statements required herein within the period prescribed by this Code.
Sec. 112. Report of contractor and business firms. - Every person or firm to whom any electoral expenditure is made shall, within thirty days after the day of the election, file with the Commission a report setting forth the full names and exact addresses of the candidates, treasurers of political parties, and other persons incurring such expenditures, the nature or purpose of each expenditure, the date and costs thereof, and such other particulars as the Commission may require. The report shall be signed and sworn to by the supplier or contractor, or in case of a business firm or association, by its president or general manager.
      It shall be the duty of such person or firm to whom an electoral expenditure is made to require every agent of a candidate or of the treasurer of a political party to present written authority to incur electoral expenditures in behalf of such candidate or treasurer, and to keep and preserve at its place of business, subject to inspection by the Commission or its authorized representatives, copies of such written authority, contracts, vouchers, invoices and other records and documents relative to said expenditures for a period of three years after the date of the election to which they pertain.
      It shall be unlawful for any supplier, contractor or business firm to enter into contract involving election expenditures with representatives of candidates or political parties without such written authority.

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