PART III

LAW ON
ELECTIONS
 BASIC LAWS ON ELECTIONS:
OMNIBUS ELECTION CODE OF THE PHILS. (B.P. Blg. 881),
enacted into law on Dec. 3, 1985)
-it codified all previous laws.
-it has undergone some amendments by the 1987 Consti.

LAWS that were subsequently enacted to amplify, modify or

repeal some provisions of the Omnibus Election Code:

•RA 6646: “The Electoral Reform Law of 1987”

•RA 7166: Synchronized National & Local Elections on May
11, 1992,
•RA 8436: an act Authorizing the COMELEC to use Automated
Election System
•RA 7941: the “Party-List System”
•RA 8189: the Voter’s Registration Act of 1996
• RA 9006 : the Fair Election Act
• RA 9189: the Overseas Absentee Voting Act of 2003.

The Omnibus Election Code is the basic law on

elections. It remains the fundamental law on subject
and such pieces of legislations are designed to
improve the law and to achieve the holding of free,
orderly, honest, peaceful and credible elections.

The exercise of the right to vote is governed and

regulated by the Omnibus Election Code.

The Constitution tasks the Commission on Elections to

enforce all election laws.
 ELECTION
Is the embodiment of the popular will, the
expression of the sovereign power of the
people. It involves the choice or selection of
candidates to public office by popular vote.

Involves the choice or selection of candidates

to public office by popular vote.

The listing of votes, holding of electoral

campaign, the act of casting and receiving the
ballots from the voters, counting them, making
the election returns, and proclaiming the
winning candidates.
“any election” –includes all election in the country
and refers not only to any election then provided in
the laws, but to any election which may thereafter
be required to be held pursuant to law.

“regular”election- an election participated in by

those who possess the right of suffrage, are not
otherwise disqualified by law, and are registered
votes.

“special” election –held where there is a failure of

election on the scheduled date of regular election in
a particular place.
-conducted to fill up certain vacancies, as
provided by law.
Purpose of election: prevent
or minimize election frauds
To enable the electorate to choose the men and
women who would run their government, whether
national, provincial, city, municipal, or barangay.

To give the voters direct participation in the

affairs of their government in determining who
shall be their public officials or in deciding some
questions of public interests.
 CHAPTER II
COMELEC
The Constitution vests in the COMELEC the power
to enforce and administer all laws and
regulations relative to the conduct of an election,
plebiscite, initiative, referendum and recall for
the purpose of ensuring free, orderly and honest
elections.

Designed to be constitutionally independent from

executive, legislative and judicial branches of the
gov’t.
The Constitution grants fiscal autonomy to enable
the COMELEC to operate effectively, efficiently and
free from political interference.

Also performs judicial, regulatory and administrative

functions. Its judicial mandate consists of taking
exclusive original jurisdiction over all contests
relating to elections, returns, and qualifications of all
elective regional, provincial, and city officials, and
appellate jurisdiction over all contests involving
elective municipal officials decided by trial courts of
general jurisdiction, or involving elective barangay
officials decided by trial courts of limited jurisdiction.
It has regulatory and administrative authority to
decide on all questions affecting elections, including
determination of the number and location of polling
places, appointment of election officials and
inspectors, and registration of voters.

Has the power to propose to Congress measures to

minimize election spending, including limitation of
places where propaganda materials will be posted,
and to prevent and penalize all forms of election
frauds, offenses, malpractices, and nuisance
candidacies.
It can recommend to the President the removal of
any officer or employee it has deputized, or the
imposition of any other disciplinary action, for
violation or disregard of, or disobedience to, its
directive, order, or decision.

It can file petitions in court for inclusion/exclusion of

voters and investigate/prosecute cases of violations
of election laws, including acts or omissions
constituting election frauds, offenses, and
malpractices.
The COMELEC consists of one (1) Chairman and six
(6) commissioners, all whom have a 7-year term
without reappointment.

In all matters pertaining to election administration

and policymaking, the commissioners act as
collegial body.

In election cases and pre-proclamation

controversies, however, the Commission sits in two
divisions initially, but decides en banc on motion to
reconsider a division decision.
 2013 National and Local
Elections
Pursuant to Section 2 of RA No. 7166, the National
and Local Elections is scheduled to be held on the
second Monday of May 2013, which falls on May
13th. Pursuant further to RA No. 10153, said
elections will also be held simultaneously with the
elections for the regional officials of the
Autonomous Region in Muslim Mindanao (ARMM).
The COMELEC is now making preparations for an
automated election process pursuant to RA No.
9369.
THANK YOU =)