A. SUFFRAGESuffrage(from the Latin wordsuffragium, meaning "vote") is the right of the people to choose their officials as their representatives, for a definite and fixed periods, to whom they entrust the exercise of the powers of government. This right, as conferred by the constitutional provision, "is not a natural right of the citizens, but a political right intended to enable them to participate in the process of government to assure it derives its powers from the consent of the governed." (Pungutan vs. Abubakar, L-33541, 20 June 1972).ARTICLE VSUFFRAGESection 1.Suffrage may be exercised by all citizens of the Philippines, not otherwise disqualified by law, who are at least eighteen years of age, and who shall have resided in the Philippines for at least one year and in the place wherein they propose to vote, for at least six months immediately preceding the election. No literacy, property, or other substantive requirement shall be imposed on the exercise of suffrage.Section 2.The Congress shall provide a system for securing the secrecy and sanctity of the ballot as well as a system for absentee voting by qualified Filipinos abroad.The Congress shall also design a procedure for the disabled and the illiterates to vote without the assistance of other persons. Until then, they shall be allowed to vote under existing laws and such rules as the Commission on Elections may promulgate to protect the secrecy of the ballot.KINDS OF ELECTIONRegular election refers to an election participated in by those who possess the right of suffrage and not disqualified 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.Plebiscite a vote of the people expressing their choice for against a proposed law or enactment submitted to them. An election at which any proposed amendment to or revision of the Constitution is submitted to the people for their ratification. A constitutional requirement o secure the approval of the people directly affected, before certain proposed changes affecting local governments units may be implemented.

Initiative it is the process by which the registered voters directly propose, amend laws, national or local, though an election called for the propose. Amendments to the Constitution may likewise be directly proposed by the people though initiative.

Referendum- it is at he submission of a law pass by the national or local legislative body to the registered voters of an election called for the purpose for their ratification or rejection.

Recall- it is a method by which a public officer may be removed from office during his tenure or before the expiration of his term by a vote of the people after registration of a petition singed by a required percentage of the qualified voters.B. THE COMMISSION ON ELECTIONS (ARTICLE 9-C)Section 1.1. There shall be a Commission on Elections composed of a Chairman and six Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, holders of a college degree, and must not have been candidates for any elective positions in the immediately preceding elections. However, a majority thereof, including the Chairman, shall be members of the Philippine Bar who have been engaged in the practice of law for at least ten years.2. The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years without reappointment. Of those first appointed, three Members shall hold office for seven years, two Members for five years, and the last Members for three years, without reappointment. Appointment to any vacancy shall be only for the unexpired term of the predecessor. In no case shall any Member be appointed or designated in a temporary or acting capacity.Section 2.The Commission on Elections shall exercise the following powers and functions:1. Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall.2. Exercise exclusive original jurisdiction over all contests relating to the elections, returns, and qualifications of all elective regional, provincial, and city officials, and appellate jurisdiction over all contests involving elective municipal officials decided by trial courts of general jurisdiction, or involving elective barangay officials decided by trial courts of limited jurisdiction.Decisions, final orders, or rulings of the Commission on election contests involving elective municipal and barangay offices shall be final, executory, and not appealable.3. Decide, except those involving the right to vote, all questions affecting elections, including determination of the number and location of polling places, appointment of election officials and inspectors, and registration of voters.4. Deputize, with the concurrence of the President, law enforcement agencies and instrumentalities of the Government, including the Armed Forces of the Philippines, for the exclusive purpose of ensuring free, orderly, honest, peaceful, and credible elections.5. Register, after sufficient publication, political parties, organizations, or coalitions which, in addition to other requirements, must present their platform or program of government; and accredit citizens' arms of the Commission on Elections. Religious denominations and sects shall not be registered. Those which seek to achieve their goals through violence or unlawful means, or refuse to uphold and adhere to this Constitution, or which are supported by any foreign government shall likewise be refused registration.Financial contributions from foreign governments and their agencies to political parties, organizations, coalitions, or candidates related to elections, constitute interference in national affairs, and, when accepted, shall be an additional ground for the cancellation of their registration with the Commission, in addition to other penalties that may be prescribed by law.6. File, upon a verified complaint, or on its own initiative, petitions in court for inclusion or exclusion of voters; investigate and, where appropriate, prosecute cases of violations of election laws, including acts or omissions constituting election frauds, offenses, and malpractices.7. Recommend to the Congress effective measures to minimize election spending, including limitation of places where propaganda materials shall be posted, and to prevent and penalize all forms of election frauds, offenses, malpractices, and nuisance candidacies.8. Recommend to the President the removal of any officer or employee it has deputized, or the imposition of any other disciplinary action, for violation or disregard of, or disobedience to, its directive, order, or decision.9. Submit to the President and the Congress, a comprehensive report on the conduct of each election, plebiscite, initiative, referendum, or recall.Section 3.The Commission on Elections may sit en banc or in two divisions, and shall promulgate its rules of procedure in order to expedite disposition of election cases, including pre- proclamation controversies. All such election cases shall be heard and decided in division, provided that motions for reconsideration of decisions shall be decided by the Commission en banc.Section 4.The Commission may, during the election period, supervise or regulate the enjoyment or utilization of all franchises or permits for the operation of transportation and other public utilities, media of communication or information, all grants, special privileges, or concessions granted by the Government or any subdivision, agency, or instrumentality thereof, including any government-owned or controlled corporation or its subsidiary. Such supervision or regulation shall aim to ensure equal opportunity, time, and space ,and the right to reply, including reasonable, equal rates therefor, for public information campaigns and forums among candidates in connection with the objective of holding free, orderly, honest, peaceful, and credible elections.Section 5.No pardon, amnesty, parole, or suspension of sentence for violation of election laws, rules, and regulations shall be granted by the President without the favorable recommendation of the Commission.Section 6.A free and open party system shall be allowed to evolve according to the free choice of the people, subject to the provisions of this Article.Section 7.No votes cast in favor of a political party, organization, or coalition shall be valid, except for those registered under the party-list system as provided in this Constitution.Section 8.Political parties, or organizations or coalitions registered under the party-list system, shall not be represented in the voters' registration boards, boards of election inspectors, boards of canvassers, or other similar bodies. However, they shall be entitled to appoint poll watchers in accordance with law.Section 9.Unless otherwise fixed by the Commission in special cases, the election period shall commence ninety days before the day of election and shall end thirty days thereafter.Section 10.Bona fide candidates for any public office shall be free from any form of harassment and discrimination.Section 11.Funds certified by the Commission as necessary to defray the expenses for holding regular and special elections, plebiscites, initiatives, referenda, and recalls, shall be provided in the regular or special appropriations and, once approved, shall be released automatically upon certification by the Chairman of the CommissionComposition, Qualifications, Appointment,Term of OfficeThe COMELEC is composed of a chairman and six (6) Commission, The Chairman and the Members of the Commission shall be:1. natural -born citizens of the Philippines2. at least thirty-five years of age3. holders of a college degree4. must not have been candidates for any elective position in the immediately preceding election5. majority thereof, including the Chairman shall be members of the Philippines Bar who have been engaged in the practice of law for at least 10 years (reason: COMELEC exercises quasi-judicial powers)6. The Chairman and Members are appointed by the president with the consent of the commission on Appointment for the term seven (7) years without reappointment on a staggered basis to make the COMELEC a continuing and self-perpetuating body. Consequently, its members would have the benefit of the experience and expertise of the order members of the performance of its functions, and makes for greater responsibility for its policies and decisions and serve as guarantee against arbitrary action which is likely to occur in a body handling partisans questions.7. A member appointment and designations in temporary or acting capacity are not allowed to preserve its independence.Disabilities, inhibitions\disqualifications1. Shall not, during tenure, hold any other office or employment2. Shall not engage in the practice of profession3. Shall not engage in active management or control of any business which in any ay may be affected by the functions of his office4. Shall not be financially interested, directly or indirectly, in any contract with, or in any franchise or privilege granted by the Government, any of its subdivisions, agencies or instrumentalities, including GOCC s or their subsidiaries.

Safeguards to insure the independence of the COMELEC1. It is constitutionally created; may not be abolished by statute2. It is expressly described as independent3. It is conferred with certain powers and functions which cannot be reduced by statute.4. The chairman and members cannot be removed except by impeachment.5. The chairman and members are given fairly long term of office of seven years.6. The chairman and members may not be reappointed or appointed in an acting capacity.7. The salaries of the chairman and members are relatively high and may not be decreased during continuance in office.8. The COMELEC enjoy fiscal autonomy.9. The COMELEC may promulgate its own procedural rules, provided they do not diminish, increase or modify substantive rights (though subject to disapproval by the Supreme Court)10. The Chairman and Members are subject to certain disqualifications calculated to strengthen their integrity.11. The COMELEC may appoint their own officials and employees in accordance with Civil Service Laws.A. COMMON PROVISIONSSection 1.The Constitutional Commissions, which shall be independent, are the Civil Service Commission, the Commission on Elections, and the Commission on Audit.Section 2.No member of a Constitutional Commission shall, during his tenure, hold any other office or employment. Neither shall he engage in the practice of any profession or in the active management or control of any business which, in any way, may be affected by the functions of his office, nor shall he be financially interested, directly or indirectly, in any contract with, or in any franchise or privilege granted by the Government, any of its subdivisions, agencies, or instrumentalities, including government-owned or controlled corporations or their subsidiaries.Section 3.The salary of the Chairman and the Commissioners shall be fixed by law and shall not be decreased during their tenure.Section 4.The Constitutional Commissions shall appoint their officials and employees in accordance with law.Section 5.The Commission shall enjoy fiscal autonomy. Their approved annual appropriations shall be automatically and regularly released.Section 6.Each Commission en banc may promulgate its own rules concerning pleadings and practice before it or before any of its offices. Such rules, however, shall not diminish, increase, or modify substantive rights.Section 7.Each Commission shall decide by a majority vote of all its Members, any case or matter brought before it within sixty days from the date of its submission for decision or resolution. A case or matter is deemed submitted for decision or resolution upon the filing of the last pleading, brief, or memorandum required by the rules of the Commission or by the Commission itself. Unless otherwise provided by this Constitution or by law, any decision, order, or ruling of each Commission may be brought to the Supreme Court on certiorari by the aggrieved party within thirty days from receipt of a copy thereof.Section 8.Each Commission shall perform such other functions as may be provided by law.JURISDICTION OF COMELEC AND PERIOD TO DECIDEExercise exclusive original jurisdiction over all contests relating to the:1. elections, 2. returns, and 3. qualifications of all elective:1. regional, 2. provincial, and 3. city officials, and 4. appellate jurisdiction over all contests involving 1. elective municipal officials decided by trial courts of general jurisdiction, or 2. involving elective barangay officials decided by trial courts of limited jurisdiction.Decisions, final orders, or rulings of the Commission on election contests involving elective municipal and barangay offices shall be final, executory, and not appealable.Decide, except those involving the right to vote, all questions affecting elections, including determination of the number and location of polling places, appointment of election officials and inspectors, and registration of voters.HOW TO DECIDE?Section 7.Each Commission shall decide by 1. a majority vote of all its Members, any case or matter brought before it 2. within sixty days from the date of its submission for decision or resolution.3. A case or matter is deemed submitted for decision or resolution 4. upon the filing of the last pleading, brief, or memorandum required by the rules of the Commission or by the Commission itself. 5. Unless otherwise provided by this 1. Constitution or by 2. law, any 3. decision, 4. order, or 5. ruling of each Commission 6. may be brought to the Supreme Court on certiorari by the aggrieved party within thirty days from receipt of a copy thereof.C. QUALIFICATION AND DISQUALIFICATION OF VOTERS1. The Voters Registration Act of 1996 RA 8189Section 9.Who may Register.All citizens of the Philippines not otherwise disqualified by law who are at least eighteen (18) years of age, and who shall have resided in the Philippines for at least one (1) year, and in the place wherein they propose to vote, for at least six (6) months immediately preceding the election, may register as a voter.Any person who temporarily resides in another city, municipality or country solely by reason of his occupation, profession, employment in private or public service, educational activities, work in the military or naval reservations within the Philippines, service in the Armed Forces of the Philippines, the National Police Forces, or confinement or detention in government institutions in accordance with law, shall not be deemed to have lost his original residence.Any person, who, on the day of registration may not have reached the required age or period of residence but, who, on the day of the election shall possess such qualifications, may register as a voter.Section 11.Disqualification.The following shall be disqualified from registering:a) Any person who has been sentenced by final judgment to suffer imprisonment of not less than one (1) year, such disability not having been removed by plenary pardon or amnesty: Provided, however, That any person disqualified to vote under this paragraph shall automatically reacquire the right to vote upon expiration of five (5) years after service of sentence;b) Any person who has been adjudged by final judgment by a competent court or tribunal of having committed any crime involving disloyalty to the duly constituted government such as rebellion, sedition, violation of the 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 automatically reacquire the right to vote upon expiration of five (5) years after service of sentence; andc) Insane or incompetent persons declared as such by competent authority unless subsequently declared by proper authority that such person is no longer insane or incompetent.Sec. 164.Composition and appointment of board of election inspectors.- At least thirty days before the date when the voters list is to be prepare in accordance with this Code, in the case of a regular election or fifteen days before a special election, the Commission shall, directly or through its duly authorized representatives, constitute a board of election inspectors for each precinct to be composed of a chairman and a poll clerk who must be public school teachers, priority to be given to civil service eligibles, and two members, each representing the two accredited political parties. The appointment shall state the precinct to which they are assigned and the date of the appointment.Sec. 165.Oath of the members of the board of election inspectors.- The members of the board of election inspectors, whether permanent, substitute or temporary, shall before assuming their office, take and sign an oath upon forms prepared by the Commission, before an officer authorized to administer oaths or, in his absence, before any other member of the board of election inspectors present, or in case no one is present, they shall take it before any voter. The oaths shall be sent immediately to the city or municipal treasurer.Sec. 166.Qualification of members of the board of election inspectors.- No person shall be appointed chairman, member or substitute member of the board of election inspectors unless he is of good moral character and irreproachable reputation, a registered voter of the city or municipality, has never been convicted of any election offense or of any other crime punishable by more than six months of imprisonment, or if he has pending against him an information for any election offense. He must be able to speak and write English or the local dialect.Sec. 167.Disqualification.- No person shall serve as chairman or member of the board of election inspectors if he is related within the fourth civil degree of consanguinity or affinity to any member of the board of election inspectors or to any candidate to be voted for in the polling place or his spouse.Sec. 168.Powers of the board of election inspectors.- The board of election inspectors shall have the following powers and functions:a. Conduct the voting and counting of votes in their respective polling places;

b. Act as deputies of the Commission in the supervision and control of the election in the polling places wherein they are assigned, to assure the holding of the same in a free, orderly and honest manner; and

c. Perform such other functions prescribed by this Code or by the rules and regulations promulgated by the Commission.Sec. 169.Voting privilege of members of board of election inspectors.- Members of the board of election inspectors and their substitutes may vote in the polling place where they are assigned on election day: Provided, That they are registered voters within the province, city or municipality where they are assigned: and Provided, finally, That their voting in the polling places where they are not registered voters be noted in the minutes of the board of election inspectors.Sec. 170.Relief and substitution of members of the board of election inspectors.- Public school teachers who are members of the board of election inspectors shall not be relieved nor disqualified from acting as such members, except for cause and after due hearing. Any member of the board of election inspectors, nominated by a political party, as well as his substitute may at any time be relieved from office and substituted with another having the legal qualifications upon petition of the authorized representative of the party upon whose nomination the appointment was made, and it shall be unlawful to prevent said person from, or disturb him in, the performance of the duties of the said office. A record of each case of substitution shall be made, setting forth therein the hour in which the replaced member has ceased in the office and the status of the work of the board of election inspectors. Said record shall be signed by each member of the board of election inspectors including the incoming and outgoing officers.Sec. 171.Vacancy in the board of election inspectors.- Every vacancy in the board of election inspectors shall be filled for the remaining period in the manner hereinbefore prescribed.Sec. 172.Proceedings of the board of election inspectors.- The meetings of the board of election inspectors shall be public and shall be held only in the polling place authorized by the Commission. The board of election inspectors shall have full authority to maintain order within the polling place and its premises, to keep access thereto open and unobstructed, and to enforce obedience to its lawful orders. If any person shall refuse to obey lawful orders of the board of election inspectors, or shall conduct himself in a disorderly manner in its presence or within its hearing and thereby interrupt or disturb its proceedings, the board of election inspectors may issue an order in writing directing any peace officer to take such person into custody until the adjournment of the meeting, but such order shall not be executed as to prevent any person so taken into custody from exercising his right to vote. Such order shall be executed by any peace officer to whom it may be delivered, but if none be present, by any other person deputized by the board of election inspectors in writing.Sec. 173.Prohibition of political activity.- No member of the board of election inspectors shall engage in any partisan political activity or take part in the election except to discharge his duties as such and to vote.Sec. 174.Functioning of the board of election inspectors.- The board of election inspectors shall act through its chairman, and shall decide without delay by majority vote all questions which may arise in the performance of its duties.Sec. 175.Temporary vacancies.- If, at the time of the meeting of the board of election inspectors, any member is absent, or the office is still vacant, the members present shall call upon the substitute or the absent members to perform the duties of the latter; and, in case such substitute cannot be found, the members present shall appoint any non-partisan registered voter of the polling place to temporarily fill said vacancy until the absent member appears or the vacancy is filled. In case there are two or more members present, they shall act jointly: Provided, That if the absent member is one who has been proposed by an accredited political party, the representative of said political party or in his absence the watchers belonging to said party shall designate a registered voter of the polling place to temporarily fill said vacancy: Provided, further, That in the event or refusal or failure of either representative or watchers of said political party to make the designation, the members of the board of election inspectors present shall choose a non-partisan registered voter of the polling place to fill the vacancy.Sec. 176.Temporary designation of members of the board of election inspectors by watchers.- If at the time the board of election inspectors must meet, all the positions in the board of election inspectors are vacant, or if not one of the appointed members shall appear, the watchers present may designate voters of the polling place to act in the place of said members until the absentees shall appear or the vacancies are filled.Sec. 177.Arrest of absent members.- The member or members of the board of election inspectors present may order the arrest of any other member or substitute thereof, who in their judgment, has absented himself with intention of obstructing the performance of duties of the board of election inspectors.RA 8189 Section 8.System of Continuing Registration of Voters.The personal filing of application of registration of voters shall be conducted daily in the office of the Election Officer during regular office hours. No registration shall, however, be conducted during the period starting one hundred twenty (120) days before a regular election and ninety (90) days before a special election.REGISTRATION BAN

DOUBLE REGISTRATION 1. The offender is a registered voter; and2. Such offender registers anew without filing an application for cancellation of his previous registration.RA 8189 Sec. 18.Challenges to Right to Register.- Any voter, candidate or representative of a registered political party may challenge in writing any application for registration, stating the grounds therefor. The challenge shall be under oath and be attached to the application, together with the proof of notice of hearing to the challenger and the applicant.Oppositions to contest a registrant's application for inclusion in the voter's list must, in all cases, be filed not later than the second Monday of the month in which the same is scheduled to be heard or processed by the Election Registration Board. Should the second Monday of the month fall on a non-working holiday, oppositions may be filed on the next following working day. The hearing on the challenge shall be heard on the third Monday of the month and the decision shall be rendered before the end of the month.REPUBLIC ACT NO. 10367AN ACT PROVIDING FOR MANDATORY BIOMETRICS VOTER REGISTRATIONBe it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:Section 1.Declaration of Policy. It is the policy of the State to establish a clean, complete, permanent and updated list of voters through the adoption of biometric technology.Section 2.Definition of Terms. As used in this Act:(a)Commissionrefers to the Commission on Elections (COMELEC).(b)Biometricsrefers to the quantitative analysis that provides a positive identification of an individual such as voice, photograph, fingerprint, signature, iris and/or such other identifiable features.(c)Data Capture Machine (DCM)is the device which captures the biometrics of an individual.(d)Validationis the process of taking the biometrics of registered voters whose biometrics have not yet been captured.(e)Deactivationrefers to the removal of the registration record of the registered voter from the corresponding precinct book of voters for failure to comply with the validation process as required by this Act.(f)Reactivationrefers to the reinstatement of a deactivated voter.Section 3.Who Shall Submit for Validation. Registered voters whose biometrics have not been captured shall submit themselves for validation.Section 4.Who Shall Conduct the Validation. The City or Municipal Election Officer shall conduct the validation.Section 5.Commencement of Validation. The Commission shall conduct validation beginning July 1, 2013, consistent with the continuing registration under Republic Act No. 8189.Section 6.Publication and Notice Requirement. The Commission shall cause the publication of the commencement of the validation in two (2) newspapers of general circulation. The City or Municipal Election Officer shall serve individual written notices by registered mail with return card to the voters concerned at their latest address in the voters registration record and post the list of the voters concerned in the city or municipal bulletin board and in the local COMELEC office.Section 7.Deactivation. Voters who fail to submit for validation on or before the last day of filing of application for registration for purposes of the May 2016 elections shall be deactivated pursuant to this Act.Section 8.Reactivation. Those deactivated under the preceding section may apply for reactivation after the May 2016 elections following the procedure provided in Section 28 of Republic Act No. 8189.Section 9.Database Security. The database generated by biometric registration shall be secured by the Commission and shall not be used, under any circumstance, for any purpose other than for electoral exercises.Section 10.Mandatory Biometrics Registration. The Commission shall implement a mandatory biometrics registration system for new voters.Section 11.Prohibited Acts. The following shall be election offenses punishable under Sections 263 and 264 of Batas Pambansa Bilang 881, as amended, otherwise known as the "Omnibus Election Code":(a) Any person who shall prohibit, impede, obstruct or prevent a registered voter or a new voter from submitting his or her biometrics for capture through the use of force, intimidation or monetary consideration; and(b) Any public official or person who, under the guise of implementing this Act, shall unjustifiably and without due process, cause the deactivation or reactivation of any registered voter.REPUBLIC ACT NO. 10366AN ACT AUTHORIZING THE COMMISSION ON ELECTIONS TO ESTABLISH PRECINCTS ASSIGNED TO ACCESSIBLE POLLING PLACES EXCLUSIVELY FOR PERSONS WITH DISABILITIES AND SENIOR CITIZENSBe it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:Section 1.SectionDeclaration of Policy. The State shall ensure that persons with disabilities and senior citizens are able to exercise their right to political participation without discrimination or restrictions. Towards this end, the State shall design systems and procedures that will enable persons with disabilities and senior citizens to register and vote by themselves.Section 2.SectionDefinition of Terms. As used in this Act, the term:(a)Commissionrefers to the Commission on Elections.(b)Persons with Disabilitiesrefer to qualified voters who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in the electoral processes on an equal basis with others.(c)Senior Citizensrefer to qualified voters who are sixty (60) years or older.(d)Electoral Processesrefer to election-related activities and proceedings including registration, candidacy, campaign, voter education and casting of vote.(e)Assistancerefers to any support or aid that may be extended to persons with disabilities and senior citizens for them to meaningfully and effectively participate in the electoral processes.(f)Discrimination on the basis of disabilitymeans any distinction, exclusion or restriction on the basis of disability which has the effect of impairing or nullifying the recognition, enjoyment, or exercise, on an equal basis with others, of all human rights and fundamental freedoms, including denial of reasonable accommodation.(g)Universal designmeans the design of products, environments, programs and services, to be usable by all people, to the greatest extent possible, without the need for adaptation or specialized design but shall not exclude assistive devices for particular groups of persons with disabilities where this is needed.(h)Satellite registrationrefers to registration conducted by an Election Officer in established satellite offices located in a public place within his or her area of jurisdiction. It accepts application for registration, transfer or transfer with reactivation, reactivation of registration records, change or correction of entries and validation of registration from all registrants or voters residing within the Election Officers territorial jurisdiction.(i)Special registrationrefers to registration conducted in established satellite offices by a special registration team designated by the Commission. It exclusively caters to first time person with disability and senior citizen registrants residing outside the area of jurisdiction of the regular Election Officer conducting the satellite registration.(j)Accessible polling placerefers to the venue where the Board of Election Inspectors (BEIs) conducts election-related proceedings and where the voters cast their votes. The accessible polling place shall he located at the ground floor, preferably near the entrance of the building, and is free of any physical barriers and provided with necessary services, including assistive devices.Section 3.SectionRight to Participation in Electoral Processes. The State shall guarantee the political rights of persons with disabilities and senior citizens, in line with the concept of universal design, by:(a) Ensuring that voting procedures, facilities and materials are appropriate, accessible, and easy to understand and use;(b) Protecting the right of persons with disabilities and senior citizens to vote by secret ballot in elections without intimidation, facilitating the use of assistive and new technologies where appropriate; and(c) Guaranteeing the free expression, in the exercise of the right of suffrage, of persons with disabilities and senior citizens, allowing assistance in voting by a person of their own choice.Section 4.SectionDuty of the Commission to Render Assistance to Persons with Disabilities and Senior Citizens. It shall be the duty of the Commission to render appropriate assistance to persons with disabilities and senior citizens in coordination with government agencies and civil society organizations.Section 5.SectionRecord of Persons with Disabilities and Senior Citizens. The Commission shall keep an updated record of persons with disabilities and senior citizens who are registered as voters, which indicates the types of disability and the assistance they need, to assist it in determining policy directions for more inclusive and accessible electoral processes. The record shall be made accessible to concerned government offices, accredited citizens arms, civil society monitoring groups and other organizations which promote the rights of the persons with disabilities and senior citizens, subject to specific guidelines the Commission may promulgate to protect the privacy of the individuals concerned.Section 6.SectionRegistration and Updating of Records. In designing the forms, the Commission must ensure that persons with disabilities and senior citizens applying for registration, reactivation, transfer, or correction of entry indicate the type(s) of disability, as well as the form(s) of assistance needed.Persons with disabilities and senior citizens who have previously registered but have not indicated the type of disability, or who may have developed or manifested such disability after having been registered, shall be allowed, during the periods to file applications for registration, to update their registration records, and to indicate the type of disability as well as the form of assistance they need during election day. The Commission may design registration forms specifically for persons with disabilities and senior citizens, or issue supplemental forms for the said purpose, and provide for procedures to be followed by those who need to update their registration records.Section 7.SectionAssistance in the Accomplishment of Application Form. A person with disability or senior citizen who cannot by himself or herself accomplish an application for registration, by reason of illiteracy or physical disability, shall be assisted by the Election Officer in the preparation of his or her application form, or by any member of an accredited citizens arm, or by a relative by consanguinity or affinity within the fourth civil degree, or if he or she has none present, by any person of his or her confidence who belongs to the same household.Section 8.SectionSatellite and Special Registration. The Commission, in coordination with national government agencies and local government units, person with disability and senior citizen organizations, and other cause-oriented groups, shall conduct satellite and/or special registration for persons with disabilities and senior citizens in accessible places.Section 9.SectionCreation of Precincts for Persons with Disabilities and Senior Citizens. The Commission is hereby authorized to establish precincts of a nonterritorial nature, exclusively for persons with disabilities and senior citizens who in their registration records manifest their intent to avail of their right to a separate precinct under this section. Pursuant hereto, the Commission shall establish at least one (1) such precinct, assigned to accessible polling places, for every voting center. Such precincts shall be provided with assistive devices as well as the services of experts in assisting persons with disabilities.Section 10.SectionBallot Design. In designing the ballot, the Commission shall ensure reasonable accommodation to persons with disabilities and senior citizens to enable them to accomplish the ballots by themselves.Section 11.SectionAssistance in the Accomplishment of the Ballot. A person with disability or senior citizen who is illiterate or physically unable to prepare the ballot by himself or herself may be assisted in the preparation of his or her ballot by a relative by consanguinity or affinity within the fourth civil degree, or if he or she has none, by any person of his or her confidence who belongs to the same household, or by any member of the BEls. For this purpose, the person who usually assists the person with disability or senior citizen, such as a personal assistant, a caregiver or a nurse shall be considered a member of his or her household:Provided,That no voter shall be allowed to have an assistor on the basis of illiteracy or physical disability unless it is so indicated in his or her registration record. Nevertheless, if the physical inability to prepare the ballot is manifest, obvious, or visible, said voter shall be allowed to be assisted in accomplishing the ballot by a qualified assistor, even if not stated or indicated in the registration record:Provided, further,That the assistor must be of voting age.The assistor shall hind himself or herself in a formal document under oath to fill out the ballot strictly in accordance with the instructions of the voter and not to reveal the contents of the ballot prepared by him or her, and shall prepare the ballot for the voter inside the voting booth. Except for the members of the BEIs, no assistor can assist for more than three (3) times. Any violation of this provision shall constitute an election offense punishable under Section 262 of the Omnibus Election Code.Section 12.SectionSensitivity Training Program. The Commission, in coordination with the National Council on Disability Affairs (NCDA), the Commission on Human Rights (CHR), and person with disability and senior citizen organizations, shall organize, design, and implement sensitivity trainings to persons performing electoral duties, including the Commission field officers, members of the BEIs, and accredited citizens arms to familiarize them with the needs of the persons with disabilities and senior citizens.Section 13.SectionInformation Materials. The Commission shall ensure that information materials relating to the electoral processes are appropriate and accessible to persons with disabilities and senior citizens.Section 14.SectionAppropriations. The initial funding of this Act shall be charged against, the current years appropriations or from any available savings of the Commission. Thereafter, such amount as may be necessary for the continued implementation of this Act shall he included in the annual General Appropriations Act.

The VOTERS IDENTIFICATION CARD is being issued to the registered voter pursuant toSection 25 of Resolution No. 8189. It shall serve as a document for his identification. In case of loss or destruction, no copy thereof may be issued except to the registered voter himself and only upon the authority of the Commission.The Voter ID card is a valid ID that is recognized by all government offices and banks for a persons identification purposes. It is however not a requirement for a person to vote.

Sec. 27.Deactivation of Registration.- The board shall deactivate the registration and remove the registration records of the following persons from the corresponding precinct book of voters and place the same, properly marked and dated in indelible ink, in the inactive file after entering the cause or causes of deactivation:a. Any person who has been sentenced by final judgment to suffer imprisonment for not less than one (1) year, such disability not having been removed by plenary pardon or amnesty: Provided, however, That any person disqualified to vote under this paragraph shall automatically reacquire the right to vote upon expiration of five (5) years after service of sentence as certified by the clerks of courts of the Municipal/Municipal Circuit/Metropolitan/Regional Trial Courts and the Sandiganbayan;b. Any person who has been adjudged by final judgment by a competent court or tribunal of having caused/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 (5) years after service of sentence;c. Any person declared by competent authority to be insane or incompetent unless such disqualification has been subsequently removed by a declaration of a proper authority that such person is no longer insane or incompetent;d. Any person who did not vote in the two (2) successive preceding regular elections as shown by their voting records. For this purpose, regular elections do not include the Sangguniang Kabataan (SK) elections;e. Any person whose registration has been ordered excluded by the Court; andf. Any person who has lost his Filipino citizenship.For this purpose, the clerks of court for the Municipal/Municipal Circuit/Metropolitan/Regional Trial Courts and the Sandiganbayan shall furnish the Election Officer of the city or municipality concerned at the end of each month a certified list of persons who are disqualified under paragraph (a) hereof, with their addresses. The Commission may request a certified list of persons who have lost their Filipino Citizenship or declared as insane or incompetent with their addresses from other government agencies.The Election Officer shall post in the bulletin board of his office a certified list of those persons whose registration were deactivated and the reasons therefor, and furnish copies thereof to the local heads of political parties, the national central file, provincial file, and the voter concerned.Sec. 28.Reactivation of Registration.- Any voter whose registration has been deactivated pursuant to the preceding Section may file with the Election Officer a sworn application for reactivation of his registration in the form of an affidavit stating that the grounds for the deactivation no longer exist any time but not later than one hundred twenty (120) days before a regular election and ninety (90) days before a special election.The Election Officer shall submit said application to the Election Registration Board for appropriate action.In case the application is approved, the Election Officer shall retrieve the registration record from the inactive file and include the same in the corresponding precinct book of voters. Local heads or representatives of political parties shall be properly notified on approved applications.Sec. 29.Cancellation of Registration.- The Board shall cancel the registration records of those who have died as certified by the Local Civil Registrar. The Local Civil Registrar shall submit each month a certified list of persons who died during the previous month to the Election Officer of the place where the deceased are registered. In the absence of information concerning the place where the deceased is registered, the list shall be sent to the Election Officer of the city or municipality of the deceased's residence as appearing in his death certificate. In any case, the Local Civil Registrar shall furnish a copy of this list to the national central file and the proper provincial file.The Election Officer shall post in the bulletin board of his office a list of those persons who died whose registrations were cancelled, and furnish copies thereof to the local heads of the political parties, the national central file, and the provincial file.E. INCLUSION AND EXCLUSION PROCEEDINGSSection 33.Jurisdiction in Inclusion and Exclusion Case.The Municipal and Metropolitan Trial Courts shall have original and exclusive jurisdiction over all cases of inclusion and exclusion of voters in their respective cities or municipalities. Decisions of the Municipal or Metropolitan Trial Courts may be appealed by the aggrieved party to the Regional Trial Court within five (5) days from receipt of notice thereof. Otherwise, said decision shall become final and executory. The regional trial court shall decide the appeal within ten (10) days from the time it is received and the decision shall immediately become final and executory. No motion for reconsideration shall be entertained.Section 34.Petition for Inclusion of Voters in the List.Any person whose application for registration has been disapproved by the Board or whose name has been stricken out from the list may file with the court a petition to include his name in the permanent list of voters in his precinct at any time except one hundred five (105) days prior to a regular election or seventy-five (75) days prior to a special election. It shall be supported by a certificate of disapproval of his application and proof of service of notice of his petition upon the Board. The petition shall be decided within fifteen (15) days after its filing.If the decision is for the inclusion of voters in the permanent list of voters, the Board shall place the application for registration previously disapproved in the corresponding book of voters and indicate in the application for registration the date of the order of inclusion and the court which issued the same.Section 35.Petition for Exclusion of Voters from the List.Any registered voters, representative of a political party or the Election Officer, may file with the court a sworn petition for the exclusion of a voter from the permanent list of voters giving the name, address and the precinct of the challenged voter at any time except one hundred (100) days prior to a regular election or sixty-five (65) days before a special election. The petition shall be accompanied by proof of notice to the Board and to the challenged voter and shall be decided within ten (10) days from its filing.If the decision is for the exclusion of the voter from the list, the Board shall, upon receipt of the final decision, remove the voters registration record from the corresponding book of voters, enter the order of exclusion therein, and thereafter place the record in the inactive file.Section 39.Annulment at Book of Voters.The Commission shall, upon verified petition of any voter or election officer or duly registered political party, and after notice and hearing, annul any book of voters that is not prepared in accordance with the provisions of this Act or was prepared through fraud, bribery, forgery, impersonation, intimidation, force or any similar irregularity, or which contains data that are statistically improbable. No order, ruling or decision annulling a book of voters shall be executed within ninety (90) days before an election.Inclusion and Exclution Cases1. Jurisdictioni. Municipal or Metropolitan Trial Court original and exclusive Jurisdiction\ii. Regional Trial Court appellate jurisdiction (5 days) (Sec. 33, RA 8189)iii. Supreme Court appellate jurisdiction over RTC on question of law (15 days) [Sec. 5(2)(e), Art. VIII, PC; Sec. 2, Rule 45 of the Rules of Court.]

2. Petitionersa. InclusionPrivate person whose application was disapprove by the Election Registration Board or whose name was stricken out from the list of waters (Sec. 34, RA 8189)COMELEC [Sec. 2(6), Art. IX-C, PC]

b. Exclusioni. Any registered voter in city or municipalityii. Representative of political partyiii. Election Officer (Sec. 39, RA 8189)iv. COMELEC [Sec. 2(6), Art. IX C, PC]

3. Period for Filinga. Inclusion Any day except 105 days before regular election or 75 days before a special election. (Sec. 24, RA 8189)b. Exclusion Any time except 100 days before a regular election or 65 days before special election. (Sec. 35 RA 8189)

4. Procedurea. Petition for exclusion shall be sworn (Sec. 35 , RA 8189)b. Each petition shall refer only to only one precinct. (Sec. 35, RA 8189)c. Noticei. Parties to be notified

5. Inclusion Election Registration Boardi. ii Exclusion 6. Election Registration Board7. Challenged voters [Sec. 32(b), RA 8189]8. Manner

Notice stating the place day and hour of hearing shall be served through any of the following means: Registered mail Personal delivery Leaving copy in possession of sufficient discretion in residence. Posting in city hall or municipal hall and two other conspicuous places in the city or municipality at least 10 days before the hearing (Sec. 32(b), RA 8189)

Any voter, candidate or political party affected may intervene. (Sec. 32c, RA 8189)Non-appearance is prima facie evidence the registered voter is fictitious (Sec. 32 (f), RA 8189)Decision cannot be rendered on stipulation of facts (Sec. 32 (f), RA 8189)No motion for reconsideration is allowed, (Sec. 33, RA 8189)F. ABSENTEE VOTINGRA 7166 Section 12.Absentee Voting.- Absentee voting as provided for in Executive Order No. 157 dated March 30, 1987 shall apply to the elections for President, Vice-President and Senators only and shall be limited to members of the Armed Forces of the Philippines and the Philippine National Police and other government officers and employees who are duly registered voters and who, on election day, may temporarily be assigned in connection with the performance of election duties to place where they are not registered voters.

Republic Act No. 9189 "The Overseas Absentee Voting Act of 2003."Sec. 3.Definition of Terms. For purposes of this Act:a. "Absentee Voting" refers to the process by which qualified citizens of the Philippines abroad exercise their right to vote;c. "Certified List of Overseas Absentee Voters" refers to the list of registered overseas absentee voters whose applications to vote in absentia have been approved by the Commission, said list to be prepared by the Committee on Absentee Voting of the Commission, on a country-by-country basis. This list shall be approved by the Commission in an en banc resolution;d. "Day of Election" refers to the actual date of elections in the Philippines;e. "National Registry of Absentee Voters" refers to the consolidated list prepared, approved and maintained by the Commission, of overseas absentee voters whose applications for registration as absentee voters, including those registered voters who have applied to be certified as absentee voters, have been approved by the Election Registered Board;f. "Overseas Absentee Voter" refers to a citizen of the Philippines who is qualified to register and vote under this Act, not otherwise disqualified by law, who is abroad on the day of elections.Sec. 4.Coverage. All citizens of the Philippines abroad, who are not otherwise disqualified by law, at least eighteen (18) years of age on the day of elections, may vote for president, vice-president, senators and party-list representatives.Sec. 5.Disqualifications. The following shall be disqualified from voting under this Act:1. Those who have lost their Filipino citizenship in accordance with Philippine laws;2. Those who have expressly renounced their Philippine citizenship and who have pledged allegiance to a foreign country;3. Those who have committed and are convicted in a final judgment by a court or tribunal of an offense punishable by imprisonment of not less than one (1) year, including those who have committed and been found guilty of Disloyalty as defined under Article 137 of the Revised Penal Code, such disability not having been removed by plenary pardon or amnesty; Provided, however, That any person disqualified to vote under this subsection shall automatically acquire the right to vote upon expiration of five (5) years after service of sentence; Provided, further, That the Commission may take cognizance of final judgments issued by foreign courts or tribunals only on the basis of reciprocity and subject to the formalities and processes prescribed by the Rules of Court on execution of judgments;4. An immigrant or a permanent resident who is recognized as such in the host country, unless he/she executes, upon registration, an affidavit prepared for the purpose by the Commission declaring that he/she shall resume actual physical permanent residence in the Philippines not later than three (3) years from approval of his/her registration under this Act. Such affidavit shall also state that he/she has not applied for citizenship in another country. Failure to return shall be the cause for the removal of the name of the immigrant or permanent resident from the National Registry of Absentee Voters and his/her permanent disqualification to vote in absentia.5. Any citizen of the Philippines abroad previously declared insane or incompetent by competent authority in the Philippines or abroad, as verified by the Philippine embassies, consulates or foreign service establishments concerned, unless such competent authority subsequently certifies that such person is no longer insane or incompetent.Sec. 6.Personal Overseas Absentee Registration. Registration as an overseas absentee voter shall be done in person.Qualified citizens of the Philippines abroad who failed to register under Republic Act No. 8189, otherwise known as the "The Voters Registration Act of 1996", may personally apply for registration with the Election Registration Board of the city or municipality where they were domiciled immediately prior to their departure from the Philippines, or with the representative of the Commission at the Philippine embassies, consulates and other foreign service establishments that have jurisdiction over the locality where they temporarily reside. Subject to the specific guidelines herein provided, the Commission is hereby authorized to prescribe additional procedures for overseas absentee registration pursuant to the provisions of Republic Act No. 8189, whenever applicable, taking into strict consideration the time zones and the various periods and processes herein provided for the proper implementation of this Act. The embassies, consulates and other foreign service establishments shall transmit within (5) days from receipt the accomplished registration forms to the Commission, after which the Commission shall coordinate with the Election Officer of the city or municipality of the applicants stated residence for verification, hearing and annotation in the permanent list of voters.All applications for the May, 2004 elections shall be filed with the Commission not later than two hundred eighty (280) calendar days before the day of elections. For succeeding elections, the Commission shall provide for the period within which applications to register must be filed.In the case of seafarers, the Commission shall provide a special mechanism for the time and manner of personal registration taking into consideration the nature of their work.6.1. Upon receipt of the application for registration, the Election Officer shall immediately set the application for hearing, the notice of which shall be posted in a conspicuous place in the premises of the city or municipal building of the applicants stated residence for at least one (1) week before the date of the hearing. The Election Officer shall immediately furnish a copy of the application to the designated representatives of political parties and other accredited groups.6.2. If no verified objection to the application is filed, the Election Officer shall immediately forward the application to the Election Registration Board, which shall decide on the application within one (1) week from the date of hearing without waiting for the quarterly meeting of the Board. The applicant shall be notified of the approval or disapproval of his/her application by registered mail.6.3. In the event that an objection to the application is filed prior to or on the date of hearing, the Election Officer shall notify the applicant of said objection by registered mail, enclosing therein copies of affidavits or documents submitted in support of the objection filed with the said Election Officer, if any. The applicant shall have the right to file his counter-affidavit by registered mail, clearly stating therein facts and defenses sworn before any officer in the host country authorized to administer oaths.6.4. The application shall be approved or disapproved based on the merits of the objection, counter-affidavit and documents submitted by the party objecting and those of the applicant.6.5 A Certificate of Registration as an overseas absentee voter shall be issued by the Commission to all applicants whose applications have been approved, including those certified as registered voters. The Commission shall include the approved applications in the National Registry of Absentee Voters.6.6. If the application has been approved, any interested party may file a petition for exclusion not later than two hundred ten (210) days before the day of elections with the proper municipal or metropolitan trial court. The petition shall be decided within fifteen (15) days after its filing on the basis of the documents submitted in connection therewith. Should the court fail to render a decision within the prescribed period, the ruling of the Election Registration Board shall be considered affirmed.6.7. If the application has been disapproved, the applicant or his authorized representative shall, within a period of five (5) days from receipt of the notice of disapproval, have the right to file a petition for inclusion with the proper municipal or metropolitan trial court. The petition shall be decided within five (5) days after its filing on the basis of documents submitted in connection therewith.Qualified citizens of the Philippines abroad, who have previously registered as voters pursuant to Republic Act No. 8189 shall apply for certification as absentee voters and for inclusion in the National Registry of Overseas Absentee Voters, with a corresponding annotation in the Certified Voters List.Sec. 7.System of Continuing Registration. The Commission shall ensure that the benefits of the system of continuing registration are extended to qualified overseas absentee voters. Towards this end, the Commission shall optimize the use of existing facilities, personnel and mechanisms of the various government agencies for purposes of data gathering, data validation, information dissemination and facilitation of the registration process.Pre-departure programs, services and mechanisms offered and administered by the Department of Foreign Affairs, Department of Labor and Employment, Philippine Overseas Employment Administration, Overseas Workers Welfare Administration, Commission on Filipinos Overseas and other appropriate agencies of the government shall be utilized for purposes of supporting the overseas absentee registration and voting processes, subject to limitations imposed by law.Sec. 8.Requirements for Registration. Every Filipino registrant shall be required to furnish the following documents:a. A valid Philippine passport. In the absence of a valid passport, a certification of the Department of Foreign Affairs that it has reviewed the appropriate documents submitted by the applicant and found them sufficient to warrant the issuance of a passport, or that the applicant is a holder of a valid passport but is unable to produce the same for a valid reason;b. Accomplished registration form prescribed by the Commission containing the following mandatory information:i. Last known residence of the applicant in the Philippines before leaving for abroad;ii. Address of applicant abroad, or forwarding address in the case of seafarers;iii. Where voting by mail is allowed, the applicants mailing address outside the Philippines where the ballot for absentee voters will be sent, in proper cases; and;iv. Name and address of applicants authorized representative in the Philippines for purposes of Section 6.7 and Section 12 hereof.c. In the case of immigrants and permanent residents not otherwise disqualified to vote under this Act, an affidavit declaring the intention to resume actual physical permanent residence in the Philippines not later than three (3) years after approval of his/her registration as an overseas absentee voter under this Act. Such affidavit shall also state that he/she has not applied for citizenship in another country.The Commission may also require additional data to facilitate registration and recording. No information other than those necessary to establish the identity and qualification of the applicant shall be required.REPUBLIC ACT No. 10380 AN ACT PROVIDING FOR LOCAL ABSENTEE VOTING FOR MEDIASection 2.Local Absentee Voting for Members of Media. The Commission on Elections shall extend the right to vote under the local absentee voting system provided under existing laws and executive orders to members of media, media practitioners, including the technical and support staff, who are duly registered voters and who, on election day, may not be able to vote due to the performance of their functions in covering and reporting on the elections:Provided,That they shall be allowed to vote only for the positions of President, Vice President, Senators and Party-List Representative.G. POLITICAL PARTY refers to an organized group of citizens advocating an ideology or platform, principles and policies for the general conduct of government and which, as the most immediate means of securing their adoption, regularly nominates and supports certain of its leaders and members as candidates for public office.It is a national party when its constituency is spread over the geographical territory of at least a majority of the regions. It is a regional party when its constituency is spread over the geographical territory of at least a majority of the cities and provinces comprising the region.PARTY-LIST SYSTEM ACT RA 7941Section 3.Definition of Terms.(a) The party-list system is a mechanism of proportional representation in the election of representatives to the House of Representatives from national, regional and sectoral parties or organizations or coalitions thereof registered with the Commission on Elections (COMELEC). Component parties or organizations of a coalition may participate independently provided the coalition of which they form part does not participate in the party-list system.Section 5.(2) ARTICLE 6 The party-list representatives shall constitute twenty per centum of the total number of representatives including those under the party list. For three consecutive terms after the ratification of this Constitution, one-half of the seats allocated to party-list representatives shall be filled, as provided by law, by selection or election from the labor, peasant, urban poor, indigenous cultural communities, women, youth, and such other sectors as may be provided by law, except the religious sector.REGISTRATIONSection 4.Manifestation to Participate in the Party-List System.Any party, organization, or coalition already registered with the Commission need not register anew. However, such party, organization, or coalition shall file with the Commission, not later than ninety (90) days before the election, a manifestation of its desire to participate in the party-list system.Section 5.Registration.Any organized group of persons may register as a party, organization or coalition for purposes of the party-list system by filing with the COMELEC not later than ninety (90) days before the election a petition verified by its president or secretary stating its desire to participate in the party-list system as a national, regional or sectoral party or organization or a coalition of such parties or organizations, attaching thereto its constitution, by-laws, platform or program of government, list of officers, coalition agreement and other relevant information as the COMELEC may require: Provided, That the sectors shall include labor, peasant, fisherfolk, urban poor, indigenous cultural communities, elderly, handicapped, women, youth, veterans, overseas workers, and professionals.The COMELEC shall publish the petition in at least two (2) national newspapers of general circulation.The COMELEC shall, after due notice and hearing, resolve the petition within fifteen (15) days from the date it was submitted for decision but in no case not later than sixty (60) days before election.Section 6.Refusal and/or Cancellation of Registration.The COMELEC may, motu propio or upon verified complaint of any interested party, refuse or cancel, after due notice and hearing, the registration of any national, regional or sectoral party, organization or coalition on any of the following grounds:(1) It is a religious sect or denomination, organization or association, organized for religious purposes;(2) It advocates violence or unlawful means to seek its goal;(3) It is a foreign party or organization;(4) It is receiving support from any foreign government, foreign political party, foundation, organization, whether directly or through any of its officers or members or indirectly through third parties for partisan election purposes;(5) It violates or fails to comply with laws, rules or regulations relating to elections;(6) It declares untruthful statements in its petition;(7) It has ceased to exist for at least one (1) year; or(8) It fails to participate in the last two (2) preceding elections or fails to obtain at least two per centum (2%) of the votes cast under the party-list system in the two (2) preceding elections for the constituency in which it has registered.Section 7.Certified List of Registered Parties.The COMELEC shall, not later than sixty (60) days before election, prepare a certified list of national, regional, or sectoral parties, organizations or coalitions which have applied or who have manifested their desire to participate under the party-list system and distribute copies thereof to all precincts for posting in the polling places on election day. The names of the part y-list nominees shall not be shown on the certified list.Section 8.Nomination of Party-List Representatives.Each registered party, organization or coalition shall submit to the COMELEC not later than forty-five (45) days before the election a list of names, not less than five (5), from which party-list representatives shall be chosen in case it obtains the required number of votes.A person may be nominated in one (1) list only. Only persons who have given their consent in writing may be named in the list. The list shall 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. No change of names or alteration of the order of nominees shall be allowed after the same shall have been submitted to the COMELEC except in cases where the nominee dies, or withdraws in writing his nomination, becomes incapacitated in which case the name of the substitute nominee shall be placed last in the list. Incumbent sectoral representatives in the House of Representatives who are nominated in the party-list system shall not be considered resigned.Section 9.Qualifications of Party-List Nominees.No person shall be nominated as party-list representative unless he is a natural-born citizen of the Philippines, a registered voter, a resident of the Philippines for a period of not less than one (1)year immediately preceding the day of the election, able to read and write, a bona fide member of the party or organization which he seeks to represent for at least ninety (90) days preceding the day of the election, and is at least twenty-five (25) years of age on the day of the election.In case of a nominee of the youth sector, he must at least be twenty-five (25) but not more than thirty (30) years of age on the day of the election. Any youth sectoral representative who attains the age of thirty (30) during his term shall be allowed to continue in office until the expiration of his term.Section 10.Manner of Voting.Every voter shall be entitled to two (2) votes: the first is a vote for candidate for member of the House of Representatives in his legislative district, and the second, a vote for the party, organizations, or coalition he wants represented in the house of Representatives: Provided, That a vote cast for a party, sectoral organization, or coalition not entitled to be voted for shall not be counted: Provided, finally, That the first election under the party-list system shall be held in May 1998.The COMELEC shall undertake the necessary information campaign for purposes of educating the electorate on the matter of the party-list system.Section 11.Number of Party-List Representatives.The party-list representatives shall constitute twenty per centum (20%) of the total number of the members of the House of Representatives including those under the party-list.For purposes of the May 1998 elections, the first five (5) major political parties on the basis of party representation in the House of Representatives at the start of the Tenth Congress of the Philippines shall not be entitled to participate in the party-list system.In determining the allocation of seats for the second vote, the following procedure shall be observed:(a) The parties, organizations, and coalitions shall be ranked from the highest to the lowest based on the number of votes they garnered during the elections.(b) The parties, organizations, and coalitions receiving at least two percent (2%) of the total votes cast for the party-list system shall be entitled to one seat each: Provided, That those garnering more than two percent (2%) of the votes shall be entitled to additional seats in proportion to their total number of votes : Provided, finally, That each party, organization, or coalition shall be entitled to not more than three (3) seats.Section 12.Procedure in Allocating Seats for Party-List Representatives.The COMELEC shall tally all the votes for the parties, organizations, or coalitions on a nationwide basis, rank them according to the number of votes received and allocate party-list representatives proportionately according to the percentage of votes obtained by each party, organization, or coalition as against the total nationwide votes cast for the party-list system.Section 13.How Party-List Representatives are Chosen.Party-list representatives shall be proclaimed by the COMELEC based on the list of names submitted by the respective parties, organizations, or coalitions to the COMELEC according to their ranking in said list.Section 14.Term of Office.Party-list representatives shall be elected for a term of three (3) years which shall begin, unless otherwise provided by law, at noon on the thirtieth day of June next following their election. No party-list representatives shall serve for more than three (3) consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity his service for the full term for which he was elected.Section 15.Change of Affiliation; Effect.Any elected party-list representative who changes his political party or sectoral affiliation during his term of office shall forfeit his seat: Provided, That if he changes his political party or sectoral affiliation within six (6) months before an election, he shall not be eligible for nomination as party-list representative under his new party or organization.Section 16.Vacancy.In case of vacancy in the seats reserved for party-list representatives, the vacancy shall be automatically filled by the next representative from the list of nominees in the order submitted to the COMELEC by the same party, organization, or coalition, who shall serve for the unexpired term. If the list is exhausted, the party, organization coalition concerned shall submit additional nominees.Section 17.Rights of Party-List Representatives.Party-List Representatives shall be entitled to the same salaries and emoluments as regular members of the House of Representatives.JURISDICTION OF COMELECSEC 2 PAR 5 ARTICLE IX C Register, after sufficient publication, political parties, organizations, or coalitions which, in addition to other requirements, must present their platform or program of government; and accredit citizens' arms of the Commission on Elections. Religious denominations and sects shall not be registered. Those which seek to achieve their goals through violence or unlawful means, or refuse to uphold and adhere to this Constitution, or which are supported by any foreign government shall likewise be refused registration.Financial contributions from foreign governments and their agencies to political parties, organizations, coalitions, or candidates related to elections, constitute interference in national affairs, and, when accepted, shall be an additional ground for the cancellation of their registration with the Commission, in addition to other penalties that may be prescribed by law.CANDIDATEQualification for Philippine President and Vice-President:1. natural born citizen of the Philippines2. registered voter3. able to read and write4. at least 40 years of age on the day of election5. resident of the Philippines for at least 10 years immediately preceding the election.

Qualifications for Philippine Senators:1. natural born citizen of the Philippines2. at least 35 years old on the day of the election3. able to read and write4. registered voter5. resident of the Philippines for not less than 2 years immediately preceding the day of the electionQualification for Philippine Congressmen (District Representative):1. natural born citizen of the Philippines2. on the day of the election at least 25 years old3. able to read and write4. registered voter in the district in which he shall be elected5. resident thereof a period of not less than 1 year immediately preceding the day of the election.

Qualification for Philippine Party-List Representative (Sectoral representative):1. natural born citizen of the Philippines2. able to read and write3. resident of the Philippines for a period not less than 1 year immediately preceeding the ay of the election4. bona fide member of the sector he seeks to represent5. on the day of the election is at least 25 years old BUT in case of youth sectoral representative, at least 25 years and not more than 25 years old at the day of the election

Qualifications for Philippine Local Officials:1. citizen of the Philippines2. on the day of election at least 23 years old for Governor, Vice-Governor, member of sangguniang panlalawigan, mayor, vice-mayor, sangguniang panglungsond in highly urbanized cities; while at least 21 years old for the said officials in component cities and municipalities; at least 18 years old for members of the sangguniang panglungsod, sangguniang bayan and sangguniang barangay and punong barangay; at least 15 years old and not more than 21 years of age for Sangguniang kabataan.3. able to read and write FIlioini or any other local language or dialect4. registered voter in the constituency in the locality5. resident thereof for a period of not less than 1 year immediately preceding the day of the electionFILING OF CERTIFICATE OF CANDIDACYEFFECT OF FILINGOEC Sec. 66.Candidates holding appointive office or positions.- Any person holding a public appointive office or position, including active members of the Armed Forces of the Philippines, and officers and employees in government-owned or controlled corporations, shall be considered ipso facto resigned from his office upon the filing of his certificate of candidacy.OEC Sec. 67.Candidates holding elective office.- Any elective official, whether national or local, running for any office other than the one which he is holding in a permanent capacity, except for President and Vice-President, shall be consideredipso factoresigned from his office upon the filing of his certificate of candidacy.SUBSTITUTIONSec. 77.Candidates in case of death, disqualification or withdrawal of another.- If after the last day for the filing of certificates of candidacy, an official candidate of a registered or accredited political party dies, withdraws or is disqualified for any cause, only a person belonging to, and certified by, the same political party may file a certificate of candidacy to replace the candidate who died, withdrew or was disqualified. The substitute candidate nominated by the political party concerned may file his certificate of candidacy for the office affected in accordance with the preceding sections not later than mid-day of the day of the election. If the death, withdrawal or disqualification should occur between the day before the election and mid-day of election day, said certificate may be filed with any board of election inspectors in the political subdivision where he is a candidate, or, in the case of candidates to be voted for by the entire electorate of the country, with the Commission.MINISTERIAL DUTYOEC Sec. 76.Ministerial duty of receiving and acknowledging receipt.- The Commission, provincial election supervisor, election registrar or officer designated by the Commission or the board of election inspectors under the succeeding section shall have the ministerial duty to receive and acknowledge receipt of the certificate of candidacy.NUISANCE CANDIDATESa nuisance candidate as: one who files his candidacy to put the election process in mockery or disrepute one who causes confusion among the voters by the similarity of the names of the registered candidates one who, based on demonstrable circumstances or acts, has no bona fide intention to run for office

PETITION TO DENY OR CANCEL CERTIFICATEOEC Sec. 78.Petition to deny due course to or cancel a certificate of candidacy.- A verified petition seeking to deny due course or to cancel a certificate of candidacy may be filed by the person exclusively on the ground that any material representation contained therein as required under Section 74 hereof is false. The petition may be filed at any time not later than twenty-five days from the time of the filing of the certificate of candidacy and shall be decided, after due notice and hearing, not later than fifteen days before the election.DISQUALIFICATION RA 6646 ELECTORAL REFORMS LAW OF 1987Section 6.Effect of Disqualification Case.- Any candidate who has been declared by final judgment to be disqualified shall not be voted for, and the votes cast for him shall not be counted. If for any reason a candidate is not declared by final judgment before an election to be disqualified and he is voted for and receives the winning number of votes in such election, the Court or Commission shall continue with the trial and hearing of the action, inquiry, or protest and, upon motion of the complainant or any intervenor, may during the pendency thereof order the suspension of the proclamation of such candidate whenever the evidence of his guilt is strong.

OEC Sec. 12.Disqualifications.- Any person who has been declared by competent authority insane or incompetent, or has been sentenced by final judgment for subversion, insurrection, rebellion or for any offense for which he has been sentenced to a penalty of more than eighteen months or for a crime involving moral turpitude, shall be disqualified to be a candidate and to hold any office, unless he has been given plenary pardon or granted amnesty.This disqualifications to be a candidate herein provided shall be deemed removed upon the declaration by competent authority that said insanity or incompetence had been removed or after the expiration of a period of five years from his service of sentence, unless within the same period he again becomes disqualified.

EFFECT OF WITHDRAWALSec.12. Substitute candidate in case of death, disqualification or withdrawal of another. -If after the last day for the filing of certificates of candidacy, an official candidate of a registered political party dies, withdraws or is disqualified for any cause, he may be substituted by a candidate belonging to, and nominated by, the same political party. No substitution shall be allowed for an independent candidate. The substitute candidate nominated by the political party concerned may file his certificate of candidacy as herein provided for the office affected not later than mid-day of the election. If the death or disqualification should occur between the day before the election and mid-day of election day, the substitute candidate may file the certificate with any board of election inspectors in the political subdivision where he is a candidate, or in the case of candidates for Senator, with the Law Department of the Commission on Elections in Manila.No person who has withdrawn his candidacy for a position shall be eligible as substitute candidate for any other position.I. CAMPAIGNSec. 79.Definitions.- As used in this Code:a. The term "candidate" refers to any person aspiring for or seeking an elective public office, who has filed a certificate of candidacy by himself or through an accredited political party, aggroupment, or coalition of parties;b. The term "election campaign" or "partisan political activity" refers to an act designed to promote the election or defeat of a particular candidate or candidates to a public office which shall include:1. Forming organizations, associations, clubs, committees or other groups of persons for the purpose of soliciting votes and/or undertaking any campaign for or against a candidate;2. Holding political caucuses, conferences, meetings, rallies, parades, or other similar assemblies, for the purpose of soliciting votes and/or undertaking any campaign or propaganda for or against a candidate;3. Making speeches, announcements or commentaries, or holding interviews for or against the election of any candidate for public office;4. Publishing or distributing campaign literature or materials designed to support or oppose the election of any candidate; or5. Directly or indirectly soliciting votes, pledges or support for or against a candidate.The foregoing enumerated acts if 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 shall not be considered as election campaign or partisan election activity.Public expressions or opinions or discussions of probable issues in a forthcoming election or on attributes of or criticisms against probable candidates proposed to be nominated in a forthcoming political party convention shall not be construed as part of any election campaign or partisan political activity contemplated under this Article.ELECTION PERIODOEC Sec. 3.Election and campaign periods.- Unless otherwise fixed in special cases by the Commission on Elections, which hereinafter shall be referred to as the Commission, the election period shall commence ninety days before the day of the election and shall end thirty days thereafter.The period of campaign shall be as follows:1. Presidential and Vice-Presidential Election - 90 days;

2. Election of Members of the Batasang Pambansa and Local Election - 45 days; and

3. Barangay Election - 15 days.The campaign periods shall not include the day before and the day of the election.However, in case of special elections under Article VIII, Section 5, Subsection (2) of the Constitution, the campaign period shall be forty-five days.PREMATURE CAMPAIGNINGSec. 80.Election campaign or partisan political activity outside campaign period.- It shall be unlawful for any person, whether or not a voter or candidate, or for any party, or association of persons, to engage in an election campaign or partisan political activity except during the campaign period: Provided, That political parties may hold political conventions or meetings to nominate their official candidates within thirty days before the commencement of the campaign period and forty-five days for Presidential and Vice-Presidential election.

PROHIBITED CONTRIBUTIONSec. 81.Intervention of foreigners.- It shall be unlawful for any foreigner, whether judicial or natural person, to aid any candidate or political party, directly or indirectly, or take part in or influence in any manner any election, or to contribute or make any expenditure in connection with any election campaign or partisan political activity.

Sec. 95.Prohibited contributions.- No contribution for purposes of partisan political activity shall be made directly or indirectly by any of the following:a. 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;b. Natural and juridical persons operating a public utility or in possession of or exploiting any natural resources of the nation;c. 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;d. 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;e. 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;f. Educational institutions which have received grants of public funds amounting to no less than P100,000.00;g. Officials or employees in the Civil Service, or members of the Armed Forces of the Philippines; andh. 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 g