ELECTION OFFENSES

Sec. 261. Prohibited Acts. - The following shall be guilty of an election offense:

a. Vote-buying and vote-selling.

1. Any person who gives, offers or promises money or anything of value,

gives or promises any office or employment, franchise or grant, public
or private, or makes or offers to make an expenditure, directly or
indirectly, or cause an expenditure to be made to any person,
association, corporation, entity, or community in order to induce
anyone or the public in general to vote for or against any candidate or
withhold his vote in the election, or to vote for or against any aspirant
for the nomination or choice of a candidate in a convention or similar
selection process of a political party.

2. Any person, association, corporation, group or community who

solicits or receives, directly or indirectly, any expenditure or promise
of any office or employment, public or private, for any of the foregoing
considerations.

b. Conspiracy to bribe voters. - Two or more persons, whether candidates or

not, who come to an agreement concerning the commission of any violation
of paragraph (a) of this section and decide to commit it.

c. Wagering upon result of election. - Any person who bets or wagers upon
the outcome of, or any contingency connected with an election. Any money
or thing of value or deposit of money or thing of value situated anywhere in
the Philippines put as such bet or wager shall be forfeited to the government.

d. Coercion of subordinates.

1. Any public officer, or any officer of any public or private corporation or

association, or any head, superior, or administrator of any religious
organization, or any employer or land-owner who coerces or
intimidates or compels, or in any manner influence, directly or
indirectly, any of his subordinates or members or parishioners or
employees or house helpers, tenants, overseers, farm helpers, tillers,
or lease holders to aid, campaign or vote for or against any candidate
or any aspirant for the nomination or selection of candidates.

2. Any public officer or any officer of any commercial, industrial,

agricultural, economic or social enterprise or public or private
corporation or association, or any head, superior or administrator of
any religious organization, or any employer or landowner who
dismisses or threatens to dismiss, punishes or threatens to punish be
reducing his salary, wage or compensation, or by demotion, transfer,
 suspension, separation, excommunication, ejectment, or causing him
annoyance in the performance of his job or in his membership, any
subordinate member or affiliate, parishioner, employee or house
helper, tenant, overseer, farm helper, tiller, or lease holder, for
disobeying or not complying with any of the acts ordered by the former
to aid, campaign or vote for or against any candidate, or any aspirant
for the nomination or selection of candidates.

e. Threats, intimidation, terrorism, use of fraudulent device or other

forms of coercion. - Any person who, directly or indirectly, threatens,
intimidates or actually causes, inflicts or produces any violence, injury,
punishment, damage, loss or disadvantage upon any person or persons or
that of the immediate members of his family, his honor or property, or uses
any fraudulent device or scheme to compel or induce the registration or
refraining from registration of any voter, or the participation in a campaign or
refraining or desistance from any campaign, or the casting of any vote or
omission to vote, or any promise of such registration, campaign, vote, or
omission therefrom.

f. Coercion of election officials and employees. - Any person who, directly

or indirectly, threatens, intimidates, terrorizes or coerces any election official
or employee in the performance of his election functions or duties.

g. Appointment of new employees, creation of new position, promotion,

or giving salary increases. - During the period of forty-five days before
a regular election and thirty days before a special election,

1. any head, official or appointing officer of a government office, agency

or instrumentality, whether national or local, including government-
owned or controlled corporations, who appoints or hires any new
employee, whether provisional, temporary or casual, or creates and
fills any new position, except upon prior authority of the Commission.
The Commission shall not grant the authority sought unless, it is
satisfied that the position to be filled is essential to the proper
functioning of the office or agency concerned, and that the position
shall not be filled in a manner that may influence the election.

As an exception to the foregoing provisions, a new employee may be

appointed in case of urgent need: Provided, however, That notice of
the appointment shall be given to the Commission within three days
from the date of the appointment. Any appointment or hiring in
violation of this provision shall be null and void.
 2. Any government official who promotes, or gives any increase of salary
or remuneration or privilege to any government official or employee,
including those in government-owned or controlled corporations.

h. Transfer of officers and employees in the civil service. - Any public

official who makes or causes any transfer or detail whatever of any officer
or employee in the civil service including public school teachers, within the
election period except upon prior approval of the Commission.

i. Intervention of public officers and employees. - Any officer or

employee in the civil service, except those holding political offices;
any officer, employee, or member or the Armed Forces of the
Philippines, or any police force, special forces, home defense forces,
barangay self-defense units and all other para-military units that now
exist or which may hereafter be organized who, directly or indirectly,
intervenes in any election campaign or engages in any partisan
political activity, except to vote or to preserve public order, if he is a
peace officer.

j. Undue influence. - It is unlawful for any person to promise any office or

employment, public or private, or to make or offer to make an expenditure,
directly or indirectly, or to cause an expenditure to be made to any person,
association, corporation or entity, which may induce anyone or the public in
general either to vote or withhold his vote, or to vote for or against any
candidate in any election or any aspirant for the nomination or selection of
an official candidate in a convention of a political party. It is likewise unlawful
for any person, association, corporation or community, to solicit or receive,
directly or indirectly, any expenditure or promise or any office, or
employment, public or private, for any of the foregoing considerations.

k. Unlawful electioneering. - It is unlawful to solicit votes or undertake

any propaganda on the day of registration before the board of election
inspectors and on the day of election, for or against any candidate or
any political party within the polling place and with a radius of thirty
meters thereof.

l. Prohibition against dismissal of employees, laborers, or tenants. - No

employee or laborer shall be dismissed, nor a tenant be ejected from his
landholdings for refusing or failing to vote for any candidate of his employer
or landowner. Any employee, laborer or tenant so dismissed or ejected shall
be reinstated and the salary or wage of the employee or laborer, or the share
of the harvest of the tenant, shall be restored to the aggrieved party upon
application to the proper court.

m. Appointment or use of special policemen, special agents, confidential

agents or the like. - During the campaign period, on the day before and on
election day, any appointing authority who appoints or any person who
utilizes the services of special policemen, special agents, confidential
 agents or persons performing similar functions; persons previously
appointed as special policemen, special agents, confidential agents or
persons performing similar functions who continue acting as such, and those
who fail to turn over their firearms, uniforms, insignias and other badges of
authority to the proper officer who issued the same.

At the start of the aforementioned period, the barangay chairman, municipal

mayor, city mayor, provincial governor, or any appointing authority shall
submit to the Commission a complete list of all special policemen, special
agents, confidential agents or persons performing similar functions in the
employ of their respective political subdivisions, with such particulars as the
Commission may require.

n. Illegal release of prisoners before and after election. - The Director of

the Bureau of Prisons, any provincial warden, the keeper of the jail or the
person or persons required by law to keep prisoners in their custody who
illegally orders or allows any prisoner detained in the national penitentiary,
or the provincial, city or municipal jail to leave the premises thereof sixty
days before and thirty days after the election. The municipal or city warden,
the provincial warden, the keeper of the jail or the person or persons
required by law to keep prisoners in their custody shall post in three
conspicuous public places a list of the prisoners or detention prisoners under
their care. Detention prisoners must be categorized as such.

o. Use of public funds, money deposited in trust, equipment, facilities

owned or controlled by the government for an election campaign. - Any
person who uses under any guise whatsoever, directly or indirectly, (1)
public funds or money deposited with, or held in trust by, public financing
institutions or by government offices, banks, or agencies; (2) any printing
press, radio, or television station or audio-visual equipment operated by the
Government or by its divisions, sub-divisions, agencies or instrumentalities,
including government-owned or controlled corporations, or by the Armed
Forces of the Philippines; or (3) any equipment, vehicle, facility, apparatus,
or paraphernalia owned by the government or by its political subdivisions,
agencies including government-owned or controlled corporations, or by the
Armed Forces of the Philippines for any election campaign or for any
partisan political activity.

p. Deadly weapons. - Any person who carries any deadly weapon in the
polling place and within a radius of one hundred meters thereof during
the days and hours fixed by law for the registration of voters in the
polling place, voting, counting of votes, or preparation of the election
returns. However, in cases of affray, turmoil, or disorder, any peace officer
or public officer authorized by the Commission to supervise the election is
entitled to carry firearms or any other weapon for the purpose of preserving
order and enforcing the law.
q. Carrying firearms outside residence or place of business. - Any person
who, although possessing a permit to carry firearms, carries any
firearms outside his residence or place of business during the election
period, unless authorized in writing by the Commission: Provided, That a
motor vehicle, water or air craft shall not be considered a residence or place
of business or extension hereof.

This prohibition shall not apply to cashiers and disbursing officers while in
the performance of their duties or to persons who by nature of their official
duties, profession, business or occupation habitually carry large sums of
money or valuables.

r. Use of armored land, water or air craft. - Any person who uses during the
campaign period, on the day before and on election day, any armored land,
water or air craft, provided with any temporary or permanent equipment or
any other device or contraption for the mounting or installation of cannons,
machine guns and other similar high caliber firearms, including military type
tanks, half trucks, scout trucks, armored trucks, of any make or model,
whether new, reconditioned, rebuilt or remodelled: Provided, That banking
or financial institutions and all business firms may use not more than two
armored vehicles strictly for, and limited to, the purpose of transporting cash,
gold bullion or other valuables in connection with their business from and to
their place of business, upon previous authority of the Commission.

s. Wearing of uniforms and bearing arms. - During the campaign period, on the
day before and on election day, any member of security or police
organization of government agencies, commissions, councils, bureaus,
offices, or government-owned or controlled corporations, or privately-owned
or operated security, investigative, protective or intelligence agencies, who
wears his uniform or uses his insignia, decorations or regalia, or bears arms
outside the immediate vicinity of his place of work: Provided, That this
prohibition shall not apply when said member is in pursuit of a person who
has committed or is committing a crime in the premises he is guarding; or
when escorting or providing security for the transport of payrolls, deposits,
or other valuables; or when guarding the residence of private persons or
when guarding private residences, buildings or offices: Provided, further,
That in the last case prior written approval of the Commission shall be
obtained. The Commission shall decide all applications for authority under
this paragraph within fifteen days from the date of the filing of such
application.

During the same period, and ending thirty days thereafter any member of
the Armed Forces of the Philippines, special, forces, home defense forces,
barangay self-defense units and all other para-military units that now exist
or which may hereafter be organized who wears his uniform or bears arms
outside the camp, garrison or barracks to which he is assigned or detailed
or outside their homes, in case of members of para-military units, unless:
 1. the President of the Philippines shall have given previous
authority therefor, and the Commission notified thereof in
writing, or

2. the Commission authorizes him to do so, which authority it shall

give only when necessary to assist it in maintaining free,
orderly and honest elections, and only after notice and hearing.
All personnel of the Armed Forces authorized by the President
or the Commission to bear arms or wear their uniforms outside
their camps and all police and peace officers shall bear their
true name, rank and serial number, if any, stitched in block
letters on a white background on the left breast of their uniform,
in letters and numbers of a clearly legible design at least two
centimeters tall, which shall at all times remain visible and
uncovered.

During the election period, whenever the Commission finds it necessary for
the promotion of free, orderly, honest and peaceful elections in a specific
area, it shall confiscate or order the confiscation of firearms of any member
or members of the Armed Forces of the Philippines, police forces, home
defense forces, barangay self-defense units, and all other para-military units
that now exist, or which may hereafter be organized, or any member or
members of the security or police organization, government ministries,
commissions, councils, bureaus, offices, instrumentalities, or government-
owned or controlled corporations and other subsidiaries, or of any member
or members of privately owned or operated security, investigative, protective
or intelligence agencies performing identical or similar functions.

t. Policemen and provincial guards acting as bodyguards or security guards. -

During the campaign period, on the day before and on election day, any
member of the city or municipal police force, any provincial or sub-provincial
guard, any member of the Armed Forces of the Philippines, special forces,
home defense forces, barangay self-defense units and all other para-military
units that now exist or which may hereafter be organized who acts as
bodyguard or security guard of any public official, candidate or any other
person, and any of the latter who utilizes the services of the former as
bodyguard or security guard: Provided, That, after due notice and hearing,
when the life and security of a candidate is in jeopardy, the Commission is
empowered to assign at the candidate's choice, any member of the
Philippine Constabulary or the police force of any municipality within the
province to act as his bodyguard or security guard in a number to be
determined by the Commission but not to exceed three per candidate:
Provided, however, That when the circumstances require immediate action,
the Commission may issue a temporary order allowing the assignment of
any member of the Philippine Constabulary or the local police force to act
as bodyguard or security guard of the candidate, subject to confirmation or
revocation.
u. Organization or maintenance of reaction forces, strike forces, or other similar
forces. - Any person who organizes or maintains a reaction force, strike force
or similar force during the election period.

The heads of all reaction forces, strike forces, or similar forces shall, not
later than forty-five days before the election, submit to the Commission a
complete list of all members thereof with such particulars as the Commission
may require.

v. Prohibition against release, disbursement or expenditure of public

funds. - Any public official or employee including barangay officials
and those of government-owned or controlled corporations and their
subsidiaries, who, during forty-five days before a regular election and
thirty days before a special election, releases, disburses or expends
any public funds for:

1. Any and all kinds of public works, except the following:

a. Maintenance of existing and/or completed public works project:

Provided, That not more than the average number of laborers
or employees already employed therein during the six-month
period immediately prior to the beginning of the forty-five day
period before election day shall be permitted to work during
such time: Provided, further, That no additional laborers shall
be employed for maintenance work within the said period of
forty-five days;

b. Work undertaken by contract through public bidding

held, or by negotiated contract awarded, before the forty-five
day period before election: Provided, That work for the purpose
of this section undertaken under the so-called "takay" or
"paquiao" system shall not be considered as work by contract;

c. Payment for the usual cost of preparation for working

drawings, specifications, bills of materials, estimates, and other
procedures preparatory to actual construction including the
purchase of materials and equipment, and all incidental
expenses for wages of watchmen and other laborers employed
for such work in the central office and field storehouses before
the beginning of such period: Provided, That the number of
such laborers shall not be increased over the number hired
when the project or projects were commenced; and
 d. Emergency work necessitated by the occurrence of a
public calamity, but such work shall be limited to the restoration
of the damaged facility.

No payment shall be made within five days before the date of election
to laborers who have rendered services in projects or works except
those falling under subparagraphs (a), (b), (c), and (d), of this
paragraph.

This prohibition shall not apply to ongoing public works projects

commenced before the campaign period or similar projects under
foreign agreements. For purposes of this provision, it shall be the duty
of the government officials or agencies concerned to report to the
Commission the list of all such projects being undertaken by them.

2. The Ministry of Social Services and Development and any other office
in other ministries of the government performing functions similar to
said ministry, except for salaries of personnel, and for such other
routine and normal expenses, and for such other expenses as the
Commission may authorize after due notice and hearing. Should a
calamity or disaster occur, all releases normally or usually coursed
through the said ministries and offices of other ministries shall be
turned over to, and administered and disbursed by, the Philippine
National Red Cross, subject to the supervision of the Commission on
Audit or its representatives, and no candidate or his or her spouse or
member of his family within the second civil degree of affinity or
consanguinity shall participate, directly or indirectly, in the distribution
of any relief or other goods to the victims of the calamity or disaster;
and

3. The Ministry of Human Settlements and any other office in any other
ministry of the government performing functions similar to said
ministry, except for salaries of personnel and for such other
necessary administrative or other expenses as the Commission may
authorize after due notice and hearing.

w. Prohibition against construction of public works, delivery of materials

for public works and issuance of treasury warrants and similar
devices. - During the period of forty-five days preceding a regular election
and thirty days before a special election, any person who:

a. undertakes the construction of any public works, except for projects

or works exempted in the preceding paragraph; or
 b. issues, uses or avails of treasury warrants or any device undertaking
future delivery of money, goods or other things of value chargeable
against public funds.

x. Suspension of elective provincial, city, municipal or barangay officer.

- The provisions of law to the contrary notwithstanding during the
election period, any public official who suspends, without prior
approval of the Commission, any elective provincial, city, municipal or
barangay officer, unless said suspension will be for purposes of
applying the "Anti-Graft and Corrupt Practices Act" in relation to the
suspension and removal of elective officials; in which case the
provisions of this section shall be inapplicable.

y. On Registration of Voters:

1. Any person who, having all the qualifications and none of the
disqualifications of a voter, fails without justifiable excuse to
register as a voter in an election, plebiscite or referendum in
which he is qualified to vote.

2. Any person who knowingly makes any false or untruthful statement

relative to any of the data or information required in the application for
registration.

3. Any person who deliberately imprints or causes the imprinting of

blurred or indistinct fingerprints on any of the copies of the application
for registration or on the voter's affidavit; or any person in charge of
the registration of voters who deliberately or through negligence,
causes or allows the imprinting of blurred or indistinct fingerprints on
any of the aforementioned registration forms, or any person who
tampers with the fingerprints in said registration records.

4. Any member of the board of election inspectors who approves any

application which on its face shows that the applicant does not
possess all the qualifications prescribed by law for a voter; or who
disapproves any application which on its face shows that the applicant
possesses all such qualifications.

5. Any person who, being a registered voter, registers anew without

filing an application for cancellation of his previous registration.

6. Any person who registers in substitution for another whether with or

without the latter's knowledge or consent.

7. Any person who tampers with or changes without authority any data
or entry in any voter's application for registration.
8. Any person who delays, hinders or obstruct another from registering.

9. Any person who falsely certifies or identifies another as a bona fide

resident of a particular place or locality for the purpose of securing the
latter's registration as a voter.

10. Any person who uses the voter's affidavit of another for the purpose
of voting, whether or not he actually succeeds in voting.

11. Any person who places, inserts or otherwise includes, as approved

application for registration in the book of voters or in the provincial or
national central files of registered voters, the application of any
fictitious voter or any application that has not been approved; or
removes from, or otherwise takes out of the book of voters or the
provincial or national central files of registered voters any duly
approved voter's application, except upon lawful order of the
Commission, or of a competent court or after proper cancellation as
provided in Sections 122, 123, 124 and 125 hereof.

12. Any person who transfers or causes the transfer of the registration
record of a voter to the book of voters of another polling place, unless
said transfer was due to a change of address of the voter and the
voter was duly notified of his new polling place.

13. Any person who asks, demands, takes, accepts or possesses,

directly or indirectly, the voter's affidavit of another, in order to induce
the latter to withhold his vote, or to vote for or against any candidate
in an election or any issue in a plebiscite or referendum. It shall be
presumed prima facie that the asking, demanding, taking, accepting,
or possessing is with such intent if done within the period beginning
ten days before election day and ending ten days after election day,
unless the voter's affidavit of another and the latter are both members
of the same family.

14. Any person who delivers, hands over, entrusts, gives, directly or
indirectly his voter's affidavit to another in consideration of money or
other benefit or promises thereof, or takes or accepts such voter's
affidavit directly or indirectly, by giving or causing the giving of money
or other benefit or making or causing the making of a promise thereof.

15. Any person who alters in any manner, tears, defaces, removes
or destroys any certified list of voters.

16. Any person who takes, carries or possesses any blank or unused
registration form already issued to a city or municipality outside of said
city or municipality except as otherwise provided in this Code or when
directed by express order of the court or of the Commission.
 17. Any person who maliciously omits, tampers or transfers to another list
the name of a registered voter from the official list of voters posted
outside the polling place.

z. On voting:

1. Any person who fails to cast his vote without justifiable excuse.

2. Any person who votes more than once in the same election, or
who, not being a registered voter, votes in an election.

3. Any person who votes in substitution for another whether with or

without the latter's knowledge and/or consent.

4. Any person who, not being illiterate or physically disabled,

allows his ballot to be prepared by another, or any person who
prepares the ballot of another who is not illiterate or physically
disabled, with or without the latter's knowledge and/or consent.

5. Any person who avails himself of any means of scheme to

discover the contents of the ballot of a voter who is preparing or
casting his vote or who has just voted.

6. Any voter who, in the course of voting, uses a ballot other than
the one given by the board of election inspectors or has in his
possession more than one official ballot.

7. Any person who places under arrest or detains a voter without

lawful cause, or molests him in such a manner as to obstruct or
prevent him from going to the polling place to cast his vote or
from returning home after casting his vote, or to compel him to
reveal how he voted.

8. Any member of the board of election inspectors charged with the duty
of reading the ballot during the counting of votes who deliberately
omits to read the vote duly written on the ballot, or misreads the vote
actually written thereon or reads the name of a candidate where no
name is written on the ballot.

9. Any member of the board of election inspectors charged with the duty
of tallying the votes in the tally board or sheet, election returns or other
prescribed form who deliberately fails to record a vote therein or
records erroneously the votes as read, or records a vote where no
such vote has been read by the chairman.

10. Any member of a board of election inspectors who has made

possible the casting of more votes than there are registered
voters.
11. Any person who, for the purpose of disrupting or obstructing the
election process or causing confusion among the voters,
propagates false and alarming reports or information or
transmits or circulates false orders, directives or messages
regarding any matter relating to the printing of official ballots,
the postponement of the election, the transfer of polling place or
the general conduct of the election.

12. Any person who, without legal authority, destroys, substitutes

or takes away from the possession of those having legal custody
thereof, or from the place where they are legally deposited, any
election form or document or ballot box which contains official
ballots or other documents used in the election.

13. Any person having legal custody of the ballot box containing the
official ballots used in the election who opens or destroys said box or
removes or destroys its contents without or against the order of the
Commission or who, through his negligence, enables any person to
commit any of the aforementioned acts, or takes away said ballot box
from his custody.

14. Any member of the board of election inspectors who knowingly uses
ballots other than the official ballots, except in those cases where the
use of emergency ballots is authorized.

15. Any public official who neglects or fails to properly preserve or

account for any ballot box, documents and forms received by him and
kept under his custody.

16. Any person who reveals the contents of the ballot of an illiterate or
disabled voter whom he assisted in preparing a ballot.

17. Any person who, without authority, transfers the location of a polling
place.

18. Any person who, without authority, prints or causes the printing of any
ballot or election returns that appears as official ballots or election
returns or who distributes or causes the same to be distributed for use
in the election, whether or not they are actually used.

19. Any person who, without authority, keeps, uses or carries out or
causes to be kept, used or carried out, any official ballot or election
returns or printed proof thereof, type-form mould, electro-type printing
plates and any other plate, numbering machines and other printing
paraphernalia being used in connection with the printing of official
ballots or election returns.
 20. Any official or employee of any printing establishment or of the
Commission or any member of the committee in charge of the printing
of official ballots or election returns who causes official ballots or
election returns to be printed in quantities exceeding those authorized
by the Commission or who distributes, delivers, or in any manner
disposes of or causes to be distributed, delivered, or disposed of, any
official ballot or election returns to any person or persons not
authorized by law or by the Commission to receive or keep official
ballots or election returns or who sends or causes them to be sent to
any place not designated by law or by the Commission.

21. Any person who, through any act, means or device, violates the
integrity of any official ballot or election returns before or after they
are used in the election.

22. Any person who removes, tears, defaces or destroys any

certified list of candidates posted inside the voting booths
during the hours of voting.

23. Any person who holds or causes the holding of an election on any
other day than that fixed by law or by the Commission, or stops any
election being legally held.

24. Any person who deliberately blurs his fingerprint in the voting
record.

aa. On Canvassing:

1. Any chairman of the board of canvassers who fails to give due

notice of the date, time and place of the meeting of said board to
the candidates, political parties and/or members of the board.

2. Any member of the board of canvassers who proceeds with the

canvass of the votes and/or proclamation of any candidate which was
suspended or annulled by the Commission.

3. Any member of the board of canvassers who proceeds with the

canvass of votes and/or proclamation of any candidate in the absence
of quorum, or without giving due notice of the date, time and place of
the meeting of the board to the candidates, political parties, and/or
other members of the board.

4. Any member of the board of canvassers who, without authority of the

Commission, uses in the canvass of votes and/or proclamation of any
 candidate any document other than the official copy of the election
returns.

. Common to all boards of election inspectors and boards of canvassers:

1. Any member of any board of election inspectors or board of

canvassers who deliberately absents himself from the meetings of
said body for the purpose of obstructing or delaying the
performance of its duties or functions.

2. Any member of any board of election inspectors or board of canvassers

who, without justifiable reason, refuses to sign and certify any election
form required by this Code or prescribed by the Commission although
he was present during the meeting of the said body.

3. Any person who, being ineligible for appointment as member of any

board of election inspectors or board of canvassers, accepts an
appointment to said body, assumes office, and actually serves as
a member thereof, or any of public officer or any person acting in
his behalf who appoints such ineligible person knowing him to be
ineligible.

4. Any person who, in the presence or within the hearing of any board
of election inspectors or board of canvassers during any of its
meetings, conducts himself in such a disorderly manner as to
interrupt or disrupt the work or proceedings to the end of
preventing said body from performing its functions, either partly or
totally.

5. Any public official or person acting in his behalf who relieves any
member of any board of election inspectors or board of canvassers or
who changes or causes the change of the assignments of any member
of said board of election inspectors or board of canvassers without
authority of the Commission.

cc. On candidacy and campaign:

1. Any political party which holds political conventions or meetings to

nominate its official candidates earlier that the period fixed in this Code.

2. Any person who abstracts, destroys or cancels any certificate of

candidacy duly filed and which has not been cancelled upon order of the
Commission.
 3. Any person who misleads the board of election inspectors by submitting
any false or spurious certificate of candidacy or document to the
prejudice of a candidate.

4. Any person who, being authorized to receive certificates of candidacy,

receives any certificate of candidacy outside the period for filing the
same and makes it appear that said certificate of candidacy was filed on
time; or any person who, by means of fraud, threat, intimidation,
terrorism or coercion, causes or compels the commission of said act.

5. Any person who, by any device or means, jams, obstructs or interferes

with a radio or television broadcast of any lawful political program.

6. Any person who solicits votes or undertakes any propaganda, on

the day of election, for or against any candidate or any political
party within the polling place or within a radius of thirty meters
thereof.

dd. Other prohibitions:

1. Any person who sells, furnishes, offers, buys, serves or takes

intoxicating liquor on the days fixed by law for the registration of
voters in the polling place, or on the day before the election or on
election day: Provided, That hotels and other establishments duly
certified by the Ministry of Tourism as tourist oriented and habitually in
the business of catering to foreign tourists may be exempted for
justifiable reasons upon prior authority of the Commission: Provided,
further, That foreign tourists taking intoxicating liquor in said authorized
hotels or establishments are exempted from the provisions of this
subparagraph.

2. Any person who opens in any polling place or within a radius of

thirty meters thereof on election day and during the counting of
votes, booths or stalls of any kind for the sale, dispensing or
display of wares, merchandise or refreshments, whether solid or
liquid, or for any other purposes.

3. Any person who holds on election day, fairs, cockfights, boxing, horse
races, jai-alai or any other similar sports.

4. Refusal to carry election mail matter. - Any operator or employee of a

public utility or transportation company operating under a certificate of
public convenience, including government-owned or controlled postal
service or its employees or deputized agents who refuse to carry official
election mail matters free of charge during the election period. In addition
to the penalty prescribed herein, such refusal shall constitute a ground
for cancellation or revocation of certificate of public convenience or
franchise.
 5. Prohibition against discrimination in the sale of air time. - Any person
who operates a radio or television station who without justifiable cause
discriminates against any political party, coalition or aggroupment of
parties or any candidate in the sale of air time. In addition to the penalty
prescribed herein, such refusal shall constitute a ground for cancellation
or revocation of the franchise.

Sec. 262. Other election offenses. - Violation of the provisions, or pertinent portions,
of the following sections of this Code shall constitute election offenses:
Sections 9, 18, 74, 75, 76, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 95, 96, 97, 98, 99, 1
00, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 122, 123, 127, 128,
129, 132, 134, 135, 145, 148, 150, 152, 172, 173, 174, 178, 180, 182, 184, 185, 186,
189, 190, 191, 192, 194, 195, 196, 197, 198, 202, 203, 204, 205, 206, 207, 208, 209
, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 223, 229, 230, 231, 233, 23
4, 235, 236, 239 and 240.

Sec. 263. Persons criminally liable. - The principals, accomplices, and accessories,
as defined in the Revised Penal Code, shall be criminally liable for election offenses.
If the one responsible be a political party or an entity, its president or head, the officials
and employees of the same, performing duties connected with the offense committed
and its members who may be principals, accomplices, or accessories shall be liable,
in addition to the liability of such party or entity.

Sec. 264. Penalties. - Any person found guilty of any election offense under this Code
shall be punished with imprisonment of not less than one year but not more than six
years and shall not be subject to probation. In addition, the guilty party shall be
sentenced to suffer disqualification to hold public office and deprivation of the right of
suffrage. If he is a foreigner, he shall be sentenced to deportation which shall be
enforced after the prison term has been served. Any political party found guilty shall
be sentenced to pay a fine of not less than ten thousand pesos, which shall be imposed
upon such party after criminal action has been instituted in which their corresponding
officials have been found guilty.

In case of prisoner or prisoners illegally released from any penitentiary or jail during
the prohibited period as provided in Section 261, paragraph (n) of this Code, the
director of prisons, provincial warden, keeper of the jail or prison, or persons who are
required by law to keep said prisoner in their custody shall, if convicted by a competent
court, be sentenced to suffer the penalty of prision mayor in its maximum period if the
prisoner or prisoners so illegally released commit any act of intimidation, terrorism of
interference in the election.

Any person found guilty of the offense of failure to register or failure to vote shall, upon
conviction, be fined one hundred pesos. In addition, he shall suffer disqualification to
run for public office in the next succeeding election following his conviction or be
appointed to a public office for a period of one year following his conviction.

Sec. 265. Prosecution. - The Commission shall, through its duly authorized legal
officers, have the exclusive power to conduct preliminary investigation of all election
offenses punishable under this Code, and to prosecute the same. The Commission
may avail of the assistance of other prosecuting arms of the government: Provided,
however, That in the event that the Commission fails to act on any complaint within
four months from his filing, the complainant may file the complaint with the office of the
fiscal or with the Ministry of Justice for proper investigation and prosecution, if
warranted.

Sec. 266. Arrest in connection with the election campaign. - No person shall be
arrested and/or detained at any time for any alleged offense committed during and in
connection with any election through any act or language tending to support or oppose
any candidate, political party or coalition of political parties under or pursuant to any
order of whatever name or nature and by whomsoever issued except only upon a
warrant of arrest issued by a competent judge after all the requirements of
the Constitution shall have been strictly complied with.

If the offense charged is punishable under a presidential decree whether originally or

by amendment of a previous law, the death penalty shall not be imposed upon the
offender except where murder, rape or arson is involved. In all cases, the penalty shall
not be higher than reclusion perpetua and the offender shall be entitled to reasonable
bail upon sufficient sureties to be granted speedily by the competent court. Moreover,
loss of the right of citizenship and confiscation of property shall not be imposed.
Any officer or a person who shall violate any provision of this section shall be punished
by imprisonment of not less than six (6) years and one (1) day nor more than twelve
(12) years, with the accessory penalties for election offenses. The provision of Section
267 of this Code shall not apply to prosecution under this section.

Sec. 267. Prescription. - Election offenses shall prescribe after five years from the
date of their commission. If the discovery of the offense be made in an election contest
proceedings, the period of prescription shall commence on the date on which the
judgment in such proceedings becomes final and executory.

Sec. 268. Jurisdiction of courts. - The regional trial court shall have the exclusive
original jurisdiction to try and decide any criminal action or proceedings for violation of
this Code, except those relating to the offense of failure to register or failure to vote
which shall be under the jurisdiction of the metropolitan or municipal trial courts. From
the decision of the courts, appeal will lie as in other criminal cases.

Sec. 269. Preferential disposition of election offenses. - The investigation and

prosecution of cases involving violations of the election laws shall be given preference
and priority by the Commission on Elections and prosecuting officials. Their
investigation shall be commenced without delay, and shall be resolved by the
investigating officer within five days from its submission for resolution. The courts shall
likewise give preference to election offenses over all other cases, except petitions for
writ of habeas corpus. Their trial shall likewise be commenced without delay, and shall
be conducted continuously until terminated, and the case shall be decided within thirty
days from its submission for decision.
RA 6646

Sec. 11. Prohibited Forms of Election Propaganda. - In addition to the forms of

election propaganda prohibited under Section 85 of Batas Pambansa Blg. 881, it
shall be unlawful:

a. to draw, paint, inscribe, write, post, display or publicly exhibit any

election propaganda in any place, whether private or public, except in
the common poster areas and/or billboards provided in the
immediately preceding section, at the candidate's own residence, or at
the campaign headquarters of the candidate or political party:
Provided, That such posters or election propaganda shall in no case
exceed two (2) feet by three (3) feet in area: Provided, further, That at
the site of and on the occasion of a public meeting or rally, streamers,
not more than two (2) and not exceeding three (3) feet by eight (8) feet
each may be displayed five (5) days before the date of the meeting or
rally, and shall be removed within twenty-four (24) hours after said
meeting or rally; and

b. for any newspaper, radio broadcasting or television station, or other mass

media, or any person making use of the mass media to sell or to give free
of charge print space or air time for campaign or other political purposes
except to the Commission as provided under Sections 90 and 92 of Batas
Pambansa Blg. 881. Any mass media columnist, commentator, announcer
or personality who is a candidate for any elective public office shall take a
leave of absence from his work as such during the campaign period.

SECTION 27. Election Offenses; Electoral Sabotage. - In additional to the

prohibited acts and election offenses enumerated in Section 261 and 262 of Batas
Pambansa Blg. 881, as amended, the following shall be guilty of an election
offense or a special election offense to be known as electoral sabotage:

"(a) Any person who causes the printing of official ballots and election
returns by any printing establishment which is not under contract with the
Commission on Elections and any printing establishment which undertakes
such unauthorized printing.

"(b) Any person or member of the board of election inspectors or board of

canvassers who tampers, increases or decreases the votes received by a
candidate in any election or any member of the board who refuses, after
proper verification and hearing, to credit the correct votes or deduct such
tampered votes: Provided, however, That when the tampering, increase or
decrease of votes or the refusal to credit the correct votes and/or to deduct
tampered votes to deduct tampered votes are perpetrated on a large scale
or in substantial numbers, the same shall be considered, not as an ordinary
election offense under Sections 261 and/or 262 of the Omnibus Election
Code, but a special election offense to be known as electoral sabotage and
the penalty to be imposed shall be life imprisonment.
 "The act or offense committed shall fall under the category of electoral
sabotage in any of the following instances;

"(1) When the tampering, increase and/or decrease of votes

perpetrated or the refusal to credit the correct votes or to deduct
tampered votes, is/are committed in the election of a national elective
office which is voted upon nationwide and the tampering, increase
and/or decrease votes, refusal to credit the correct votes or to deduct
tampered votes, shall adversely affect the results of the election to
the said national office to the extent that losing candidate/s is/are
made to appear the winner/s;

"(2) Regardless of the elective office involved, when the tampering,

increase and/or decrease of votes committed or the refusal to credit
the correct votes or to deduct tampered votes perpetrated, is
accomplished in a single election document or in the transposition of
the figures/results from one election document to another and
involved in the said tampering increase and/or decrease or refusal to
credit correct votes or deduct tampered votes exceed five thousand
(5,000) votes, and that the same adversely affects the true results of
the election;

"(3) Any and all other forms or tampering increase/s and/or

decrease/s of votes perpetuated or in cases of refusal to credit the
correct votes or deduct the tampered votes, where the total votes
involved exceed ten thousand (10,000) votes;
"Provided finally, That any and all either persons or individuals determined
to be conspiracy or in connivance with the members of the BEIs or BOCs
involved, shall be meted the same penalty of life imprisonment."

c. Any member of the board of election inspectors who refuses to issue to

duly accredited watchers the certificate of votes provided in Section
16 hereof.

d. Any person who violates Section 11 hereof regarding prohibited forms of

election propaganda.

e. Any chairman of the board of canvassers who fails to give notice of

meetings to other members of the board, candidate or political party as
required under Section 23 hereof.

f. Any person declared a nuisance candidate as defined under Section 69 of Batas

Pambansa Blg. 881, or is otherwise disqualified, by final and executory judgment,
who continues to misrepresent himself, or holds himself out, as a candidate, such
as by continuing to campaign thereafter, and/or other public officer or private
individual, who knowingly induces or abets such misrepresentation, by commission
or omission, shall be guilty of an election offense and subject to the penalty
provided in Section 264 of the same Code.

RA 8189 (VOTERS REGISTRATION ACT)

Sec. 4, Changing, altering or transferring the precinct assignment of a voter

without his written consent.

Sec. 45. Election Offenses. - The following shall be considered election offenses
under this Act:

a. to deliver, hand over, entrust or give, directly or indirectly, his voter's

identification card to another in consideration of money or other
benefit of promise; or take or accept such voter's identification card,
directly or indirectly, by giving or causing the giving or money or other
benefit or making or causing the making of a promise therefore;

b. to fail, without cause, to post or give any of the notices or to make any of the
reports required under this Act;

c. to issue or cause the issuance of a voter's identification number or to cancel

or cause the cancellation thereof in violation of the provisions of this Act; or
to refuse the issuance of registered voters their voter's identification card;

d. to accept an appointment, to assume office and to actually serve as a

member of the Election Registration Board although ineligible thereto, to
appoint such ineligible person knowing him to be ineligible;

e. to interfere with, impede, abscond for purpose of gain or to prevent the

installation or use of computers and devices and the processing, storage,
generation, and transmission of registration data or information;

f. to gain, cause access to use, alter, destroy, or disclose any computer data,
program, system software, network, or any computer-related devices,
facilities, hardware or equipment, whether classified or declassified;

g. failure to provide certified voters and deactivated voters list to

candidates and heads of representatives of political parties upon
written request as provided in Section 30 hereof;

h. failure to include the approved application form for registration of a qualified

voter in the book of voters of a particular precinct or the omission of the
name of a duly registered voter in the certified list of voters of the precinct
 where he is duly, registered resulting in his failure to cast his vote during an
election, plebiscite, referendum, initiative and/or recall. The presence of the
form or name in the book of voters or certified list of voters in precincts other
than where he is duly registered shall not be an excuse hereof;

i. the posting of a list of voters outside or at the door of a precinct on the day
of an election, plebiscite, referendum, initiative and/or recall, and which list
is different in contents from the certified list of voters being used by the Board
of Election Inspectors; and

j. Violation of the provisions of this Act.

RA 7166
Sec. 5. Election and Campaign Period. - Unless otherwise fixed by the
Commission, the election period for the May 11, 1992 regular elections shall
commence ninety (90) days before the day of the election and shall end thirty (30)
days thereafter.

The campaign periods are hereby fixed as follows:

a. For President, Vice-President and Senators, ninety (90) days before the day
of the election; and

b. For Members of the House of Representatives and elective provincial, city

and municipal officials, forty-five (45) days before the day of the election.

However, in the preparation of the election calendar, the Commission may exclude
the day before the day of the election itself, Maundy Thursday and Good Friday.

Any election campaign or partisan political activity for or against any

candidate outside of the campaign period herein provided is prohibited and
shall be considered as an election offense punishable under
Section 263 and 264 of the Omnibus Election Code.

Section 9
The board of election inspectors shall post, on the wall outside the room where the
registration was conducted, the list of voters in each precinct beginning on the first
working day after registration day until election day. Failure to post said list shall
constitute an election offense punishable under 263 and 264 of the Omnibus
Election Code.
Sec. 24. Signature of Chairman at the Back of Every Ballot. - In every case
before delivering an official ballot to the voter, the chairman of the board of
election inspectors shall, in the presence of the voter, affix his signature at
the back thereof. Failure to so authenticate shall be noted in the minutes of
the board of election inspectors and shall constitute an election offense
punishable under 263 and 264 of the Omnibus Election Code.
Sec 25. Manner of Counting Votes. - In addition to the requirement in the fourth
paragraph of Section 12 of the Republic Act No. 6646 and Section 210 of the
Omnibus Election Code, in reading the official ballots during the counting, the
chairman, the poll clerk and the third member shall assume such positions as to
provide the watchers and the members of the public as may be conveniently
accommodated in the polling place, an unimpeded view of the ballot being ready
by the chairman, of the election return and the tally board being simultaneously
accomplished by the poll clerk and the third member respectively, without touching
any of these election documents. The table shall be cleared of all unnecessary
writing paraphernalia. Any violation of this requirement shall constitute an election
offense punishable under Sections 263 and 264 the Omnibus Election Code.

"The chairman shall first read the votes for national positions.

"Any violation of this Section, or its pertinent portion, shall constitute an election
offense and shall be penalized in accordance with Batas Pambansa Blg. 881.

SECTION 28. Canvassing by Provincial, City, District and Municipal Board of

Canvassers. -

"a) The city or municipal board of canvassers shall canvass the votes for the
president, vice-president, senators, and parties, organizations or coalitions
participating under the party-list system by consolidating the electronically
transmitted results or the results contained in the data storage devices used in the
printing of the election returns. Upon completion of the canvass, it shall print the
certificate of canvass of votes for president, vice-president, senators and members
of the House of Representatives and elective provincial officials and thereafter,
proclaim the elected city or municipal officials, as the case may be.

"b) xxx

"c)

"(1) xxx

"(2) xxx

"(3) xxx
"(d) xxx
"Immediately after the certificate of canvass for national positions is accomplished,
the chairman of the Board of Canvassers shall announce the posting of the second
copy thereof and its supporting statement of votes on a wall with sufficient lighting
within the premises of the canvassing center. He shall then proceed to do the same
in the presence of the other members of the board, the watchers and those present
in the canvassing center. Without delay and when feasible, he shall capture images
of the certificate of canvass and supporting statements of votes using a secured
data capturing device and thereafter, while in the premises of the canvassing
center, immediately print the data so captured in thirty (30) copies. The board of
canvassers shall then authenticate each printed copy, in the presence of watchers
and within public view, by closely comparing the same with the certificate of
canvass or statement of votes, as the case may be, posted on of the wall. If the
board finds each printed copy a faithful reproduction of the certificate of canvass
or statement of votes, all members thereof shall annotate and sign a certification
to that effect on the bottom front of the printed copy.

"Each certified printed copy shall be placed in an envelope and distributed as

herein provided. Designated recipients of the certified printed copies may receive
their copies at the canvassing center.

"The chairman of the board shall transmit the digital files of the certificate of
canvass and its supporting statement of votes using a secured transmission device
with authentication features to the secured tabulation system of the Commission
and to the systems of the other designated recipients as herein provided.

"Any provision of law to the contrary notwithstanding, any of the recipients of the
print or digital copies of the certificate of canvass and the supporting statements of
votes may conduct an unofficial consolidation of votes and may announce the
result thereof to the public.

"Any violation of this section, or its pertinent portion, shall constitute an election
offense and shall be penalized in accordance with Batas Pambansa Blg. 881.

"In addition, the following shall likewise be guilty of an election offense:

"(a) Any person who removes the certificate of canvass posted on the wall, whether
within or after the prescribed forty-eight (48) hours of posting, or defaces the same
in any manner;

"(b) Any person who simulates an actual certificates of canvass or statement of

votes, or a print or digital copy thereof;

"(c) Any person who simulates the certification of a certificate of canvass or

statement of votes;

"(d) The chairman or any member of the board of canvassers who, during the
prescribed period of posting, removes the certificate of canvass or its supporting
statement of votes from the wall on which they have been posted other than for the
purpose of immediately transferring them to a more suitable place;

"(e) The chairman or any member of the board of canvassers who signs or
authenticates a print of the certificate of canvass or its supporting statement of
votes outside of the polling place: and

"(f) The chairman or any member of the board of canvassers who signs or
authenticates a print which bears an image different from the certificate of canvass
or statement of votes produced after counting and posted on the wall."

SECTION 29. Number of Copies of Certificates of Canvass and their

Distribution. -

a) xxx

"The copy of the certificate of canvass posted on the wall shall be open for public
viewing at any time of the day for forty-eight (48) hours following its posting. Any
person may view or capture an image of the certificate of canvass. After the
prescribed period for posting, the chairman of the board of canvassers shall collect
the posted certificate of canvass and keep the same in his custody to be produced
for image or data capturing as may be requested by any voter or for any lawful
purpose as may be ordered competent authority.

"Except for those copies that are required to be delivered, copies of certificates of
canvass may be claimed at the canvassing center. Any unclaimed copy shall be
deemed placed in the custody of the chairman of the board of canvassers, who
shall produce them when requested by the recipient or when ordered by a
competent authority.

xxx

"Any violation of this section, or its pertinent portion, shall constitute an election
offense and shall be penalized in accordance with Batas Pambansa Blg. 881."

Sec. 32. Who May Bear Firearms. - During the election period, no person shall
bear, carry or transport firearms or other deadly weapons in public places, including
any building, street, park, private vehicle or public conveyance, even if licensed to
possess or carry the same, unless authorized in writing by the Commission. The
issuance of firearms licenses shall be suspended during the election period.

Only regular members or officers of the Philippine National Police, the Armed
Forces of the Philippines and other enforcement agencies of the Government who
are duly deputized in writing by the Commission for election duty may be
authorized to carry and possess firearms during the election period: Provided,
That, when in the possession of firearms, the deputized law enforcement officer
must be:
 a. in full uniform showing clearly and legibly his name, rank and serial number
which shall remain visible at all times; and

b. in the actual performance of his election duty in the specific area designated
by the Commission.

Sec. 33. Security Personnel and Bodyguards. - During the election period, no
candidate for public office, including incumbent public officers seeking election to
any public office, shall employ, avail himself of or engage the services of security
personnel or bodyguards, whether or not such bodyguards are regular members
or officers of the Philippine National Police, the Armed Forces of the Philippines or
other law enforcement agency of the Government: Provided, That, when
circumstances warrant, including but not limited to threats to life and security of a
candidate, he may be assigned by the Commission, upon due application, regular
members of the Philippine National Police, the Armed Forces of the Philippines or
other law enforcement agency who shall provide him security for the duration of
the election period. The officers assigned for security duty to a candidate shall be
subject to the same requirement as to wearing of uniforms prescribed in the
immediately preceding section unless exempted in writing by the Commission.

If at any time during the election period, the ground for which the authority to
engage the services of security personnel has been granted shall cease to exist of
for any other valid cause, the Commission shall revoke the said authority.

RA 9006
Section 13. Authority of the COMELEC to Promulgate Rules; Election
Offenses. - The COMELEC shall promulgate and furnish all political parties and
candidates and the mass media entities the rules and regulations for the
implementation of this Act, consistent with the criteria established in Article IX-
C, Section 4 of the Constitution and Section 86 of the Omnibus Election
Code (Batas Pambansa Bldg. 881).

Rules and regulations promulgated by the COMELEC under and by authority of

this Section shall take effect on the seventh day after their publication in at least
two (2) daily newspapers of general circulation. Prior to effectivity of said rules and
regulations, no political advertisement or propaganda for or against any candidate
or political party shall be published or broadcast through mass media.

Violation of this Act and the rules and regulations of the COMELEC issued to
implement this Act shall be an election offense punishable under the first and
second paragraphs of Section 264 of the Omnibus Election Code(Batas
Pambansa Bldg. 881).

RA 8436
SECTION 35. Prohibited Acts and Penalties. - The following shall be penalized
as provided in this Act, whether or not said acts affect the electoral process or
results:

"(a) Utilizing without authorization, tampering with, damaging, destroying or

stealing:

"(1) Official ballots, election returns, and certificates of canvass of

votes used in the system; and

"(2) Electronic devices or their components, peripherals or supplies

used in the AES such as counting machine, memory pack/diskette,
memory pack receiver and computer set;
"(b) Interfering with, impeding, absconding for purpose of gain, preventing
the installation or use of computer counting devices and the processing,
storage, generation and transmission of election results, data or information;

"(c) Gaining or causing access to using, altering, destroying or disclosing

any computer data, program, system software, network, or any computer-
related devices, facilities, hardware or equipment, whether classified or
declassified;

"(d) Refusal of the citizens' arm to present for perusal its copy of election
return to the board of canvassers;

"(e) Presentation by the citizens' arm of tampered or spurious election

returns;

"(f) Refusal or failure to provide the dominant majority and dominant minority
parties or the citizens' arm their copy of election returns; and

"(g) The failure to post the voters' list within the specified time,
duration and in the designated location shall constitute an election
offense on the part [of] the election officer concerned."

"Any person convicted for violation of this Act, except those convicted of the
crime of electoral sabotage, shall be penalized with imprisonment of eight
years and one day to twelve (12) years without possibility of parole, and
perpetual disqualification to hold public office and deprivation of the right of
suffrage. Moreover, the offender shall be perpetually disqualified to hold any
non-elective public office."
ELECTION OFFENSES IN THE OEC

a. Vote-buying and vote-selling – involves money, office, employment, franchise

or grant, to vote for or against, or withhold his vote
b. Conspiracy to bribe voters – 2 or more agrees to buy or sell votes
c. Wagering upon the result of election
d. Coercion of subordinates
e. Threats, intimidation, terrorism, use of fraudulent device or other forms of
coercion
f. Coercion of election officials and employees
g. Appointment of new employees on the government – 45 days before the
election except upon prior authority of the COMELEC

Includes promotion and salary increase

h. Transfer of officers and employees in the civil service – covers the election
period, except upon prior approval of the COMELEC
i. Intervention of public officers and employees in the civil service, AFP, PNP,
barangay self-defense units, etc. from intervening in any election campaign or
partisan political activity except to vote or to preserve public order
j. Undue influence – promising any office or employment, expenditure to induce
anyone to vote or to withhold his vote; soliciting or receiving is also covered
k. Unlawful electioneering – campaigning on registration day, election day within
the polling place and with a 30-meter radius.

Also includes Maundy Thursday and Good Friday

l. Prohibition against dismissal of employees, laborers, or tenants

m. Appointment or use of special policemen, special agents, confidential agents or
the like during the campaign period and on the day before and on election day
n. Illegal release of prisoners before and after election
o. Use of public funds, money deposited in trust, facilities owned or controlled by
the government for an election campaign
p. Carrying of deadly weapons in the polling place and within a 100-meter radius
during the casting of votes and preparation of election returns.
q. Carrying of firearms outside residence or place of business during the election
period
r. Use of armored land, water or air craft during campaign period, on the day
before and on election day
s. Wearing of uniforms and bearing arms during campaign period, on the day
before and on election day, and 30 days after
t. Policemen and provincial guards acting as bodyguards or security guards
during the campaign period, on the day before and on election day
u. Organization or maintenance of reaction forces, strike forces, or other similar
forces during election period
v. Prohibition against release, disbursement or expenditure of public funds 45
days before the election
w. Prohibition against construction of public works, delivery of materials for public
works and issuance of treasury warrants and similar devices
x. Suspension of elective provincial, city, municipal or barangay officers during
election period without approval of the COMELEC, except Anti-Grant and
Corrupt Practices Act.

a. On Registration of Voters:

1. Failure to register
2. False or untruthful statement in the application for registration
3. Imprinting blurred or indistinct fingerprints
4. Approval of unqualified voter/ disapproval of qualified voter
5. Application by a registered voter without cancelling previous registration
6. Registers in substitution of another
7. Tampering without authority entry in the application
8. Delaying another from registering
9. Falsely certifying or identifying another as a bona fide resident of a
particular place
10. Using the voter’s affidavit of another for the purpose of voting
11. Including the book of voters the application of any fictitious voter or
disapproved application; removing therefrom an approved application;
transferring the registration record of a voter to the book of voters of
another polling place
12. Asking, demanding ,taking, accepting, or possessing the voter’s affidavit
of another to induce the latter to vote for or against or withhold his vote
13. Delivering or giving the voter’s affidavit to another in consideration of
money or other benefit; taking or accepting such voter’s affidavit
14. Altering, tearing, defacing, removing or destroying any certified list of
voters
15. Taking, carrying, or possessing any blank or unused registration form
already issued outside the city or municipality
16. Maliciously omitting, tampering, or transferring to another list the name
of a voter from the official list of voters posted outside the polling place

b. On voting:

1. Failure to vote without justifiable excuse

2. Voting more than once; voting even if not registered
3. Voting in substitution without the latter’s knowledge or consent
4. Allowing another to prepare his ballot even if the voter is not illiterate or
physically disabled
5. Availing of any means or schemes to discover the contents of the ballot
6. Using a ballot other than the one given; possessing more than one ballot
7. Arresting a voter without lawful case or molesting him in such a manner
as to obstruct or prevent him from going to the polling place or from
returning home, or to compel him to reveal how he voted
8. Deliberately omitting to read the vote or misreading
9. Failing to record a vote or recording erroneously
10. Allowing the casting of more votes than there are registered voters
11. Propagating false and alarming reports or information to distrupt or
obstruct the election process or cause confusion among the voters
 12. Destroying, substituting or taking away any election form or document or
ballot box
13. Opening or destroying the ballot box or removing or destroying its
contents
14. Knowingly uses ballots other than the official ballots
15. Failure to properly preserve or account for any ballot box, documents
and forms
16. Revealing the contents of the ballot of an illiterate or disabled voter
17. Transfers the location of a polling place without authority
18. Prints any ballot or election returns that appears as official ballots or
election returns; or distributing the same for use in the election
19. Keeps, uses, or carries out any official ballot or election returns without
authority
20. Causing official ballots or election returns to be printed in quantities
exceeding the authorized amount
21. Violating the integrity of any official ballot or election returns before or
after they are used in the election
22. Removes, tears, defaces any certified list of candidates posted inside
the voting booths during the hours of voting
23. Holds an election on any other day
24. Deliberately blurs his fingerprint in the voting record

c. On Canvassing:

1. Any chairman of the board of canvassers who fails to give due notice of
the date, time and place of the meeting of said board to the candidates,
political parties and/or members of the board.

2. Any member of the board of canvassers who proceeds with the canvass
of the votes and/or proclamation of any candidate which was suspended
or annulled by the Commission.

3. Any member of the board of canvassers who proceeds with the canvass
of votes and/or proclamation of any candidate in the absence of quorum,
or without giving due notice of the date, time and place of the meeting of
the board to the candidates, political parties, and/or other members of
the board.

4. Any member of the board of canvassers who, without authority of the

Commission, uses in the canvass of votes and/or proclamation of any
candidate any document other than the official copy of the election
returns.

bb. Common to all boards of election inspectors and boards of canvassers:

6. Any member of any board of election inspectors or board of

canvassers who deliberately absents himself from the meetings of
said body for the purpose of obstructing or delaying the
performance of its duties or functions.
 7. Any member of any board of election inspectors or board of canvassers
who, without justifiable reason, refuses to sign and certify any election
form required by this Code or prescribed by the Commission although
he was present during the meeting of the said body.

8. Any person who, being ineligible for appointment as member of any

board of election inspectors or board of canvassers, accepts an
appointment to said body, assumes office, and actually serves as
a member thereof, or any of public officer or any person acting in
his behalf who appoints such ineligible person knowing him to be
ineligible.

9. Any person who, in the presence or within the hearing of any board
of election inspectors or board of canvassers during any of its
meetings, conducts himself in such a disorderly manner as to
interrupt or disrupt the work or proceedings to the end of
preventing said body from performing its functions, either partly or
totally.

10. Any public official or person acting in his behalf who relieves any
member of any board of election inspectors or board of canvassers or
who changes or causes the change of the assignments of any member
of said board of election inspectors or board of canvassers without
authority of the Commission.

cc. On candidacy and campaign:

7. Any political party which holds political conventions or meetings to

nominate its official candidates earlier that the period fixed in this Code.

8. Any person who abstracts, destroys or cancels any certificate of

candidacy duly filed and which has not been cancelled upon order of the
Commission.

9. Any person who misleads the board of election inspectors by submitting

any false or spurious certificate of candidacy or document to the
prejudice of a candidate.

10. Any person who, being authorized to receive certificates of candidacy,

receives any certificate of candidacy outside the period for filing the
same and makes it appear that said certificate of candidacy was filed on
time; or any person who, by means of fraud, threat, intimidation,
terrorism or coercion, causes or compels the commission of said act.

11. Any person who, by any device or means, jams, obstructs or interferes
with a radio or television broadcast of any lawful political program.
 12. Any person who solicits votes or undertakes any propaganda, on
the day of election, for or against any candidate or any political
party within the polling place or within a radius of thirty meters
thereof.

dd. Other prohibitions:

6. Any person who sells, furnishes, offers, buys, serves or takes

intoxicating liquor on the days fixed by law for the registration of
voters in the polling place, or on the day before the election or on
election day: Provided, That hotels and other establishments duly
certified by the Ministry of Tourism as tourist oriented and habitually in
the business of catering to foreign tourists may be exempted for
justifiable reasons upon prior authority of the Commission: Provided,
further, That foreign tourists taking intoxicating liquor in said authorized
hotels or establishments are exempted from the provisions of this
subparagraph.

7. Any person who opens in any polling place or within a radius of

thirty meters thereof on election day and during the counting of
votes, booths or stalls of any kind for the sale, dispensing or
display of wares, merchandise or refreshments, whether solid or
liquid, or for any other purposes.

8. Any person who holds on election day, fairs, cockfights, boxing, horse
races, jai-alai or any other similar sports.

9. Refusal to carry election mail matter. - Any operator or employee of a

public utility or transportation company operating under a certificate of
public convenience, including government-owned or controlled postal
service or its employees or deputized agents who refuse to carry official
election mail matters free of charge during the election period. In addition
to the penalty prescribed herein, such refusal shall constitute a ground
for cancellation or revocation of certificate of public convenience or
franchise.

10. Prohibition against discrimination in the sale of air time. - Any person
who operates a radio or television station who without justifiable cause
discriminates against any political party, coalition or aggroupment of
parties or any candidate in the sale of air time. In addition to the penalty
prescribed herein, such refusal shall constitute a ground for cancellation
or revocation of the franchise.

Sec. 262. Other election offenses. - Violation of the provisions, or pertinent portions,
of the following sections of this Code shall constitute election offenses:
Sections 9, 18, 74, 75, 76, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 95, 96, 97, 98, 99, 1
00, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 122, 123, 127, 128,
129, 132, 134, 135, 145, 148, 150, 152, 172, 173, 174, 178, 180, 182, 184, 185, 186,
189, 190, 191, 192, 194, 195, 196, 197, 198, 202, 203, 204, 205, 206, 207, 208, 209
, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 223, 229, 230, 231, 233, 23
4, 235, 236, 239 and 240.

Sec. 263. Persons criminally liable. - The principals, accomplices, and accessories,
as defined in the Revised Penal Code, shall be criminally liable for election offenses.
If the one responsible be a political party or an entity, its president or head, the officials
and employees of the same, performing duties connected with the offense committed
and its members who may be principals, accomplices, or accessories shall be liable,
in addition to the liability of such party or entity.

Sec. 264. Penalties. - Any person found guilty of any election offense under this Code
shall be punished with imprisonment of not less than one year but not more than six
years and shall not be subject to probation. In addition, the guilty party shall be
sentenced to suffer disqualification to hold public office and deprivation of the right of
suffrage. If he is a foreigner, he shall be sentenced to deportation which shall be
enforced after the prison term has been served. Any political party found guilty shall
be sentenced to pay a fine of not less than ten thousand pesos, which shall be imposed
upon such party after criminal action has been instituted in which their corresponding
officials have been found guilty.

In case of prisoner or prisoners illegally released from any penitentiary or jail during
the prohibited period as provided in Section 261, paragraph (n) of this Code, the
director of prisons, provincial warden, keeper of the jail or prison, or persons who are
required by law to keep said prisoner in their custody shall, if convicted by a competent
court, be sentenced to suffer the penalty of prision mayor in its maximum period if the
prisoner or prisoners so illegally released commit any act of intimidation, terrorism of
interference in the election.

Any person found guilty of the offense of failure to register or failure to vote shall, upon
conviction, be fined one hundred pesos. In addition, he shall suffer disqualification to
run for public office in the next succeeding election following his conviction or be
appointed to a public office for a period of one year following his conviction.

Sec. 265. Prosecution. - The Commission shall, through its duly authorized legal
officers, have the exclusive power to conduct preliminary investigation of all election
offenses punishable under this Code, and to prosecute the same. The Commission
may avail of the assistance of other prosecuting arms of the government: Provided,
however, That in the event that the Commission fails to act on any complaint within
four months from his filing, the complainant may file the complaint with the office of the
fiscal or with the Ministry of Justice for proper investigation and prosecution, if
warranted.

Sec. 266. Arrest in connection with the election campaign. - No person shall be
arrested and/or detained at any time for any alleged offense committed during and in
connection with any election through any act or language tending to support or oppose
any candidate, political party or coalition of political parties under or pursuant to any
order of whatever name or nature and by whomsoever issued except only upon a
warrant of arrest issued by a competent judge after all the requirements of
the Constitution shall have been strictly complied with.
If the offense charged is punishable under a presidential decree whether originally or
by amendment of a previous law, the death penalty shall not be imposed upon the
offender except where murder, rape or arson is involved. In all cases, the penalty shall
not be higher than reclusion perpetua and the offender shall be entitled to reasonable
bail upon sufficient sureties to be granted speedily by the competent court. Moreover,
loss of the right of citizenship and confiscation of property shall not be imposed.
Any officer or a person who shall violate any provision of this section shall be punished
by imprisonment of not less than six (6) years and one (1) day nor more than twelve
(12) years, with the accessory penalties for election offenses. The provision of Section
267 of this Code shall not apply to prosecution under this section.

Sec. 267. Prescription. - Election offenses shall prescribe after five years from the
date of their commission. If the discovery of the offense be made in an election contest
proceedings, the period of prescription shall commence on the date on which the
judgment in such proceedings becomes final and executory.

Sec. 268. Jurisdiction of courts. - The regional trial court shall have the exclusive
original jurisdiction to try and decide any criminal action or proceedings for violation of
this Code, except those relating to the offense of failure to register or failure to vote
which shall be under the jurisdiction of the metropolitan or municipal trial courts. From
the decision of the courts, appeal will lie as in other criminal cases.

Sec. 269. Preferential disposition of election offenses. - The investigation and

prosecution of cases involving violations of the election laws shall be given preference
and priority by the Commission on Elections and prosecuting officials. Their
investigation shall be commenced without delay, and shall be resolved by the
investigating officer within five days from its submission for resolution. The courts shall
likewise give preference to election offenses over all other cases, except petitions for
writ of habeas corpus. Their trial shall likewise be commenced without delay, and shall
be conducted continuously until terminated, and the case shall be decided within thirty
days from its submission for decision.