Notes 1 Election Law
Notes 1 Election Law
Election
An election is the process by which the people choose public officials or decide public issues
through the casting and counting of votes.
It is the means of expressing popular sovereignty, consistent with Art. II, Sec. 1 of the 1987
Constitution (sovereignty resides in the people).
Suffrage
Suffrage is the right and obligation of qualified citizens to vote in elections, plebiscites,
initiatives, referenda, and recall.
Spanish Period
● No democratic elections
Local officials appointed by Spanish authorities
● Limited participation through principalia class
American Period
● Introduction of democratic elections
● Philippine Organic Act (1902) — limited suffrage (property and literacy requirements)
● Jones Law (1916) — expanded Filipino participation
Commonwealth Period
● 1935 Constitution
○ Male suffrage initially
○ 1937 plebiscite granted women’s suffrage
Post-War Period
● Expansion of electoral processes
● Creation of independent electoral body
1987 Constitution
● Strengthened electoral democracy
● Emphasis on free, orderly, honest, peaceful, and credible elections
● Strengthened independence of the electoral commission
2. Composition
1987 Constitution, Art. IX-C, Sec. 1
● 1 Chairman
● 6 Commissioners
Additional requirement:
👉 Majority must be members of the Philippine Bar with at least 10 years of practice
● Provincial
● City officials
● Barangay officials
5. Field Offices
COMELEC operates through a decentralized structure:
Levels
1. Regional Offices
● Supervise provincial and city offices
2. Provincial Offices
● Coordinate election implementation at provincial level
3. City/Municipal Offices
● Voter registration
● Precinct management
4. Election Officers
● Frontline implementers of election laws
Sec. 1 Title Law is officially called the Omnibus Election When citing election rules in
Code of the Philippines pleadings, lawyers reference B.P.
Blg. 881
Sec. 2 Applicability Governs all elections of public officers and, Rules on campaigning also apply
when applicable, referenda and plebiscites to a plebiscite on creation of a
province
Sec. 3 Election & ⭐ Election period: 90 days before election day A mayoral candidate distributing
Campaign until 30 days after campaign materials one day
Periods before election commits an
⭐ Campaign periods: election offense
• President/VP → 90 days
• National & local → 45 days
• Barangay → 15 days
Sec. 4 Obligation to Voting is a civic duty/obligation, though not A qualified voter is encouraged to
register and vote legally punishable if not exercised register and vote but cannot be
jailed for not voting
Sec. 5 Postponement of The Commission on Elections may postpone A typhoon destroys ballots in a
election elections due to: municipality → COMELEC
• Violence postpones election
• Terrorism
• Destruction of materials
• Force majeure
Sec. 7 Call of special ⭐ Vacancy with 18 months or more before A congressional seat becomes
election next election → COMELEC calls special election vacant 2 years before elections →
special election held
⭐ If legislature dissolved → President calls
election within 45–60 days
Sec. 8 Code available in Printed copy of election code must be available A voter questions procedure →
polling places for public consultation consults printed code in precinct
Sec. 9 Official election Election-related communications are free of Election officer sends election
mail postage and prioritized by telecom facilities returns via registered mail
without cost
Sec. 10 Election expenses ⭐ Generally paid by COMELEC (except barangay A province advances funds for
elections) ballot transportation then gets
reimbursed
⭐ LGUs may advance expenses subject to
reimbursement
Sec. 11 Failure to assume If elected official fails to take oath within 6 Proclaimed mayor refuses to take
office months, office becomes vacant unless due to oath for personal reasons → seat
causes beyond control declared vacant
Preventive Corrective
Many election offenses apply during the election period, not just campaign period.
Sec. 13 Regular election ⭐ Held every 6 years on first Monday of Candidate wins May 2028 election
May → assumes office June 30, 2028
until June 30, 2034
⭐ Assumption of office → June 30 at noon
⭐ Term → 6 years
Sec. 14 Special election ⭐ Applies when both President and VP President and VP die in an
positions are vacant accident → special election called
within constitutional timeframe
⭐ Legislature must convene automatically
⭐ Law calling election enacted within 7
days
Sec. 17 No correction after ⭐ Errors in COC already transmitted A board cannot recall a
transmission cannot be corrected, except as allowed in transmitted COC to revise figures
next section without legal basis
Sec. 18 Safekeeping of ballot ⭐ Ballot boxes secured with four padlocks Ballot boxes stored in treasury
boxes vault with locks from officials and
⭐ Responsibility shared by election officials parties
and political parties
Sec. 19 Incomplete / altered ⭐ If incomplete → Speaker orders A COC with erasures triggers
COC submission of missing returns verification using authentic
election returns
⭐ If altered → legislature may verify using
COMELEC copies of returns
Sec. 20 Proclamation of ⭐ Candidate with highest votes proclaimed If missing provincial COC cannot
winners change result, proclamation
⭐ Tie → decided by legislature vote proceeds
💡 Bar-Type Illustration
A province fails to submit its COC.
● If margin between candidates is 1 million votes, and province has 50,000 voters →
proclamation allowed
● If margin is 10,000 votes, and province has 200,000 voters → proclamation must wait
ARTICLE III - ELECTION OF MEMBERS OF THE BATASANG PAMBANSA
Sec. 21 Regular election ⭐ Held every 6 years on the second Monday of Legislative representatives
May elected nationwide during
scheduled elections
Sec. 22 Special election ⭐ Vacancy 18 months or more before regular A district representative dies 2
election → special election years before election →
COMELEC calls special election
⭐ Must be held within 60 days
⭐ Legislature certifies vacancy to the Commission
on Elections
Sec. 23 Composition ⭐ Not more than 200 Members Cabinet member appointed to
legislature under
⭐ Includes: parliamentary structure
• Provincial/district representatives
• Sectoral representatives
• Cabinet members chosen by President
🔴 At-Large Voting
Unlike district-only voting today, multiple representatives may be elected by province-wide voting.
Sec. 29 Regular election of ⭐ Held nationwide on scheduled election day A mayor elected in May assumes
local officials office June 30 and continues
⭐ Officials assume office June 30 following serving until replacement
election qualifies
⭐ Term lasts until successors are elected and
qualified (hold-over principle)
Sec. 30 Component vs Highly ⭐ Component city voters may vote for Voters in a component city vote
Urbanized Cities (HUC) provincial officials for governor; voters in a highly
urbanized city do not
⭐ HUC voters cannot vote for provincial
officials
Hold-Over Doctrine
An elected official continues performing duties until successor is elected and qualified,
preventing vacancy.
👉 Conversion cannot take effect for election purposes because of the 90-day prohibition.
Sec. 31 Composition of the ⭐ Applies to Region IX and Region XII After elections, indigenous
⭐ 27 members total
Sangguniang Pampook communities are
unrepresented → President
✔ 17 elective provincial/city representatives appoints additional sectoral
✔ 3 sectoral reps (youth, agricultural, representatives
industrial labor)
✔ President may appoint 7 additional reps if
sectors are underrepresented
seats win
Sec. 34 Selection of sectoral ⭐ Appointed by President within 30 days A youth leader nominated by
representatives from assembly convening sector organizations is
Sec. 35 Filling of vacancy ⭐ President fills vacancy upon assembly A representative from Sulu
recommendation resigns → replacement must
province or sector
Sec. 36 Term of office ⭐ Transitional members served until June 30, A member elected in 1986
1986 serves only four years due to
● territorial representation
● sectoral representation
● presidential appointments
✔ territorial balance
✔ sectoral representation
👉 The President may appoint a replacement only from the youth sector, not from another
province or sector.
Sec. 37 Regular election ⭐ Held 2nd Monday of May 1988 and Barangay election held May 2025
every 6 years thereafter → winners assume June 30,
⭐ Assumption: June 30
2025.
Sec. 39 Certificate of Candidacy ⭐ Must file sworn COC A public school teacher files COC
(ministerial duty)
Sec. 40 Board of Election Tellers ⭐ Created 10 days before election Teacher Maria serves as chair
Sec. 41 Registration of voters ⭐ Registration conducted 7 days before A voter challenges another’s
election residency → board decides
watchers
Sec. 45 Postponement / failure ⭐ Grounds: violence, terrorism, force Election postponed due to armed
of election majeure, etc. conflict → COMELEC resets
Sec. 47 Campaign activities ⭐ Barangay assembly must be convened Candidates present their
for joint candidate appearance platforms in barangay assembly
Sec. 48 Watchers ⭐ Each candidate may appoint 2 watchers Candidate assigns watcher to
per precinct monitor counting process.
● COMELEC supervision
52 Powers & functions ⭐ COMELEC has exclusive charge of enforcement and COMELEC deputizes police
administration of election laws to secure polling places in
an election hotspot.
⭐ May supervise officials & law enforcement
⭐ May deputize AFP, NBI, police
⭐ Can issue subpoenas, punish contempt
⭐ Decisions prevail over other agencies (except Supreme
Court)
55 Office space ⭐ Local government must provide office space Municipality fails to
provide office → registrar
⭐ If LGU fails → COMELEC may lease space charged to rents building paid by LGU
LGU funds.
56 Changes in field ⭐ COMELEC may reassign personnel during election Registrar transferred to
assignments period another town because
sibling is running for
⭐ No demotion or tenure impairment mayor.
57 Measures to ensure ⭐ COMELEC may issue search warrants COMELEC orders removal
enforcement of illegal oversized
⭐ Stop illegal propaganda campaign posters.
● Police
● NBI
● report violations
● illegal contributions
● vote buying
SEC. 1 Circumstances for - Vacancy arises in Senate ≥ 18 months before If a Senator resigns 2 years
special election the next regular election; in House ≥ 1 year before the next election, the
before next regular election. Senate passes a resolution;
- COE conducts a special election upon receipt COMELEC then calls a special
of resolution from Senate/House certifying election. The winner serves only
vacancy. the remaining term.
SEC. 2 Fixing date of special - COMELEC sets special election date 45–90 If a House seat becomes vacant
election days after resolution/communication. in January and a general election
is scheduled in April, the special
- If a general election is scheduled within this election is conducted together
period, the special election is held with the April election.
simultaneously.
SEC. 3 Publication and notice - COMELEC sends copies of the resolution to In Cebu City, the resolution is
Provincial or City Treasurers. posted in the city hall, markets,
and polling precincts to notify
- Treasurers must post at least 3 copies in voters of the upcoming special
conspicuous places in each election precinct, election.
polling places, public markets, and municipal
buildings.
SEC. 4 Effectivity - Act takes effect upon publication in the If published on March 1, 2026,
Official Gazette or at least 2 newspapers of the act becomes effective
general circulation. immediately from that date,
allowing COMELEC to act on any
vacancies.