OMNIBUS ELECTION CODE

ARTICLE 1: GENERAL PROVISIONS

Section 1. Title. - This Act shall be known and cited as the "Omnibus Election Code of the Philippines."

Sec. 2. Applicability. - This Code shall govern all election of public officers and, to the extent appropriate, all
referenda and plebiscites.

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.

Sec. 4. Obligation to register and vote. - It shall be the obligation of every citizen qualified to vote to
register and cast his vote.

Sec. 5. Postponement of election. - When for any serious cause such as violence, terrorism, loss or
destruction of election paraphernalia or records, force majeure, and other analogous causes of such a nature
that the holding of a free, orderly and honest election should become impossible in any political subdivision,
the Commission, motu proprio or upon a verified petition by any interested party, and after due notice and
hearing, whereby all interested parties are afforded equal opportunity to be heard, shall postpone the election
therein to a date which should be reasonably close to the date of the election not held, suspended or which
resulted in a failure to elect but not later than thirty days after the cessation of the cause for such
postponement or suspension of the election or failure to elect.

Sec. 6. Failure of election. - If, on account of force majeure, violence, terrorism, fraud, or other analogous
causes the election in any polling place has not been held on the date fixed, or had been suspended before
the hour fixed by law for the closing of the voting, or after the voting and during the preparation and the
transmission of the election returns or in the custody or canvass thereof, such election results in a failure to
elect, and in any of such cases the failure or suspension of election would affect the result of the election, the
Commission shall, on the basis of a verified petition by any interested party and after due notice and hearing,
call for the holding or continuation of the election not held, suspended or which resulted in a failure to elect on
a date reasonably close to the date of the election not held, suspended or which resulted in a failure to elect
but not later than thirty days after the cessation of the cause of such postponement or suspension of the
election or failure to elect.

Sec. 7. Call of special election. -
1. In case a vacancy arises in the Batasang Pambansa eighteen months or more before a regular election,
the Commission shall call a special election to be held within sixty days after the vacancy occurs to
elect the Member to serve the unexpired term.


2. In case of the dissolution of the Batasang Pambansa, the President shall call an election which shall not
be held earlier than forty-five nor later than sixty days from the date of such dissolution.
The Commission shall send sufficient copies of its resolution for the holding of the election to its provincial
election supervisors and election registrars for dissemination, who shall post copies thereof in at least three
conspicuous places preferably where public meetings are held in each city or municipality affected

Sec. 8. Election Code to be available in polling places. - A printed copy of this Code in English or in the
national language shall be provided and be made available by the Commission in every polling place, in order
that it may be readily consulted by any person in need thereof on the registration, revision and election days.

Sec. 9. Official mail and telegram relative to elections. - Papers connected with the election and
required by this Code to be sent by public officers in the performance of their election duties shall be free of
postage and sent by registered special delivery mail. Telegrams of the same nature shall likewise be
transmitted free of charge by government telecommunications and similar facilities.
It shall be the duty of the Postmaster General, the Director of the Bureau of Telecommunications, and the
managers of private telecommunication companies to transmit immediately and in preference to all other
communications or telegrams messages reporting election results and such other messages or communications
which the Commission may require or may be necessary to ensure free, honest and orderly elections.

Sec. 10. Election expenses. - Except in barangay elections, such expenses as may be necessary and
reasonable in connection with the elections, referenda, plebiscites and other similar exercises shall be paid by
the Commission. The Commission may direct that in the provinces, cities, or municipalities, the election
expenses chargeable to the Commission be advanced by the province, city or municipality concerned subject
to reimbursement by the Commission upon presentation of the proper bill.
Funds needed by the Commission to defray the expenses for the holding of regular and special elections,
referenda and plebiscites shall be provided in the regular appropriations of the Commission which, upon
request, shall immediately be released to the Commission. In case of deficiency, the amount so provided shall
be augmented from the special activities funds in the general appropriations act and from those specifically
appropriated for the purpose in special laws.

Sec. 11. Failure to assume office. - The office of any official elected who fails or refuses to take his oath of
office within six months from his proclamation shall be considered vacant, unless said failure is for a cause or
causes beyond his control.

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.







ARTICLE 7

Sec. 52. Powers and functions of the Commission on Elections. - In addition to the powers and
functions conferred upon it by the Constitution, the Commission shall have exclusive charge of the
enforcement and administration of all laws relative to the conduct of elections for the purpose of ensuring
free, orderly and honest elections, and shall:
a. Exercise direct and immediate supervision and control over national and local officials or employees,
including members of any national or local law enforcement agency and instrumentality of the
government required by law to perform duties relative to the conduct of elections. In addition, it may
authorize CMT cadets eighteen years of age and above to act as its deputies for the purpose of
enforcing its orders.

The Commission may relieve any officer or employee referred to in the preceding paragraph from the
performance of his duties relating to electoral processes who violates the election law or fails to comply
with its instructions, orders, decisions or rulings, and appoint his substitute. Upon recommendation of
the Commission, the corresponding proper authority shall suspend or remove from office any or all of
such officers or employees who may, after due process, be found guilty of such violation or failure.
b. During the period of the campaign and ending thirty days thereafter, when in any area of the country
there are persons committing acts of terrorism to influence people to vote for or against any candidate
or political party, the Commission shall have the power to authorize any member or members of the
Armed Forces of the Philippines, the National Bureau of Investigation, the Integrated National Police or
any similar agency or instrumentality of the government, except civilian home defense forces, to act as
deputies for the elections.
c. Promulgate rules and regulations implementing the provisions of this Code or other laws which the
Commission is required to enforce and administer, and require the payment of legal fees and collect
the same in payment of any business done in the Commission, at rates that it may provide and fix in its
rules and regulations.
Rules and regulations promulgated by the Commission to implement the provisions of this Code shall
take effect on the sixteenth day after publication in the Official Gazette or in at least daily newspapers
of general circulation. Orders and directives issued by the Commission pursuant to said rules and
regulations shall be furnished by personal delivery to accredited political parties within forty-eight hours
of issuance and shall take effect immediately upon receipt.
In case of conflict between rules, regulations, orders or directives of the Commission in the exercise of
its constitutional powers and those issued by any other administrative office or agency of the
government concerning he same matter relative to elections, the former shall prevail.
d. Summon the parties to a controversy pending before it, issue subpoena and subpoena duces tecum,
and take testimony in any investigation or hearing before it, and delegate such power to any officer of
the Commission who shall be a member of the Philippine Bar. In case of failure of a witness to attend,
the Commission, upon proof of service of the subpoena to said witnesses, may issue a warrant to
arrest witness and bring him before the Commission or the officer before whom his attendance is
required.
Any controversy submitted to the Commission shall, after compliance with the requirements of due
process, be immediately heard and decided by it within sixty days from submission thereof. No decision
or resolution shall be rendered by the Commission either en banc or by division unless taken up in a
formal session properly convened for the purpose.
The Commission may, when necessary, avail of the assistance of any national or local law enforcement
agency and/or instrumentality of the government to execute under its direct and immediate supervision
any of its final decisions, orders, instructions or rulings.
e. Punish contempts provided for in the Rules of Court in the same procedure and with the same
penalties provided therein. Any violation of any final and executory decision, order or ruling of the
Commission shall constitute contempt thereof.
f. Enforce and execute its decisions, directives, orders and instructions which shall have precedence over
those emanating from any other authority, except the Supreme Court and those issued in habeas
corpus proceedings.
g. Prescribe the forms to be used in the election, plebiscite or referendum.
h. Procure any supplies, equipment, materials or services needed for the holding of the election by public
bidding: Provided, That, if it finds the requirements of public bidding impractical to observe, then by
negotiations or sealed bids, and in both cases, the accredited parties shall be duly notified.
i. Prescribe the use or adoption of the latest technological and electronic devices, taking into account the
situation prevailing in the area and the funds available for the purpose: Provided, That the Commission
shall notify the authorized representatives of accredited political parties and candidates in areas
affected by the use or adoption of technological and electronic devices not less than thirty days prior to
the effectivity of the use of such devices.
j. Carry out a continuing and systematic campaign through newspapers of general circulation, radios and
other media forms to educate the public and fully inform the electorate about election laws,
procedures, decisions, and other matters relative to the work and duties of the Commission and the
necessity of clean, free, orderly and honest electoral processes.
k. Enlist non-partisan group or organizations of citizens from the civic, youth, professional, educational,
business or labor sectors known for their probity, impartiality and integrity with the membership and
capability to undertake a coordinated operation and activity to assist it in the implementation of the
provisions of this Code and the resolutions, orders and instructions of the Commission for the purpose
of ensuring free, orderly and honest elections in any constituency.
Such groups or organizations shall function under the direct and immediate control and supervision of
the Commission and shall perform the following specific functions and duties:
A. Before Election Day:
1. Undertake an information campaign on salient features of this Code and help in the
dissemination of the orders, decisions and resolutions of the Commission relative to
the forthcoming election.
2. Wage a registration drive in their respective areas so that all citizens of voting age, not
otherwise disqualified by law may be registered.
3. Help cleanse the list of voters of illegal registrants, conduct house-to-house canvass if
necessary, and take the appropriate legal steps towards this end.
4. Report to the Commission violations of the provisions of this Code on the conduct of the
political campaign, election propaganda and electoral expenditures.
B. On Election Day:
1. Exhort all registered voters in their respective areas to go to their polling places and cast
their votes.
2. Nominate one watcher for accreditation in each polling place and each place of canvass
who shall have the same duties, functions and rights as the other watchers of political
parties and candidates. Members or units of any citizen group or organization so
designated by the Commission except its lone duly accredited watcher, shall not be
allowed to enter any polling place except to vote, and shall, if they so desire, stay in an
area at least fifty meters away from the polling place.
3. Report to the peace authorities and other appropriate agencies all instances of
terrorism, intimidation of voters, and other similar attempts to frustrate the free and
orderly casting of votes.
4. Perform such other functions as may be entrusted to such group or organization by the
Commission.
The designation of any group or organization made in accordance herewith may be
revoked by the Commission upon notice and hearing whenever by its actuations such
group or organization has shown partiality to any political party or candidate, or has
performed acts in excess or in contravention of the functions and duties herein provided
and such others which may be granted by the Commission.
l. Conduct hearings on controversies pending before it in the cities or provinces upon proper motion of
any party, taking into consideration the materiality and number of witnesses to be presented, the
situation prevailing in the area and the fund available for the purpose.
m. Fix other reasonable periods for certain pre-election requirements in order that voters shall not be
deprived of their right of suffrage and certain groups of rights granted them in this Code.
Unless indicated in this Code, the Commission is hereby authorized for fix the appropriate period for
the various prohibited acts enumerated herein, consistent with the requirements of free, orderly, and
honest elections.

Sec. 53. Field offices of the Commission. - The Commission shall have the following field offices:
1. Regional Election Office, headed by the Regional Election Director and assisted by the Assistant
Regional Director and such other subordinate officers or employees as the Commission may appoint.
2. Provincial Election Office, headed by the Provincial Election Supervisor and assisted by such other
subordinate officers or employees as the Commission may appoint.
3. City/Municipal Election Office, headed by the City/Municipal Registrar who shall be assisted by an
election clerk and such other employees as the Commission may appoint.
The Commission may delegate its powers and functions or order the implementation or enforcement of its
orders, rulings, or decisions through the heads of its field offices.

Sec. 54. Qualifications. - Only members of the Philippines Bar shall be eligible for appointment to the
position of regional director, assistant regional director, provincial election supervisor and election registrar:
Provided, however, That if there are no members of the Philippine Bar available for appointment as election
registrar, except in cities and capital towns, graduates of duly recognized schools of law, liberal arts, education
or business administration who possess the appropriate civil service eligibility may be appointed to said
position.

Sec. 55. Office space. - The local government concerned shall provide a suitable place for the office of the
provincial election supervisor and his staff and the election registrar and his staff: Provided, That in case of
failure of the local government concerned to provide such suitable place, the provincial election supervisor or
the election registrar, as the case may be, upon prior authority of the Commission and notice to the local
government concerned, may lease another place for office and the rentals thereof shall be chargeable to the
funds of the local government concerned.

Sec. 56. Changes in the composition, distribution or assignment of field offices. - The Commission
may make changes in the composition, distribution and assignment of field offices, as well as its personnel,
whenever the exigencies of the service and the interest of free, orderly, and honest election so require:
Provided, That such changes shall be effective and enforceable only for the duration of the election period
concerned and shall not affect the tenure of office of the incumbents of positions affected and shall not
constitute a demotion, either in rank or salary, nor result in change of status: and Provided, further, That there
shall be no changes in the composition, distribution or assignment within thirty days before election, except for
cause and after due notice and hearing, and that in no case shall a regional or assistant regional director be
assigned to a region; a provincial election supervisor to a province; or a city or municipal election registrar to a
city or municipality, where he and/or his spouse are related to any candidate within the fourth civil degree of
consanguinity or affinity as the case may be.

Sec. 57. Measures to ensure enforcement. - For the effective enforcement of the provisions of this Code,
the Commission is further vested and charged with the following powers, duties and responsibilities:
1. To issue search warrants after examination under oath or affirmation of the complainant and the
witnesses
2. To stop any illegal election activity, or confiscate, tear down, and stop any unlawful, libelous,
misleading or false election propaganda, after due notice and hearing.
3. To inquire into the financial records of candidates and any organization or group of persons, motu
proprio or upon written representation for probable cause by any candidate or group of persons or
qualified voter, after due notice and hearing.
For purposes of this section, the Commission may avail itself of the assistance of the Commission on Audit, the
Central Bank, the National Bureau of Investigation, the Bureau of Internal Revenue, the Armed Forces of the
Philippines, the Integrated National Police of the Philippines, barangay officials, and other agencies of the
government.

Sec. 58. Disqualifications of members of the Commission. - The chairman and members of the
Commission shall be subject to the canons of judicial ethics in the discharge of their functions.
No chairman or commissioner shall sit in any case in which he has manifested bias or prejudice for or against
or antagonism against any party thereto and in connection therewith, or in any case in which he would be
disqualified under the Rules of Court. If it be claimed that the chairman or a commissioner is disqualified as
above provided, the party objecting to his competency may file his objection in writing with the Commission
stating the ground therefor. The official concerned shall continue to participate in the hearing or withdrawn
therefrom in accordance with his determination of the question of his disqualification. The decision shall
forthwith be made in writing and filed with the other papers of the case in accordance with the Rules of Court.
If a disqualification should result in a lack of quorum in the Commission sitting en banc, the Presiding Justice
of the Intermediate Appellate Court shall designate a justice of said court to sit in said case for the purpose of
hearing and reaching a decision thereon.

Sec. 59. Publication of official ballots and election returns and printing thereof. - The Commission
shall publish at least ten days before an election in a newspaper of general circulation certified data on the
number of official ballots and election returns and the names and addresses of the printers and the number
printed by each.