69 of Batas Pambansa Blg.

881 shall be filed

Republic Act No. 6646 personally or through duly
representative with the Commission by any
authorized

The Electoral Reforms Law of 1987 registered candidate for the same office within five
(5) days from the last day for the filing of certificates
Approved: 05 January 1988 of candidacy. Filing by mail shall not be allowed.

b. Within three (3) days from the filing of the petition,

AN ACT INTRODUCING ADDITIONAL REFORMS IN THE the Commission shall issue summons to the
ELECTORAL SYSTEM AND FOR OTHER PURPOSES respondent candidate together with a copy of the
petition and its enclosures, if any.
Section 1. Title. - This Act shall be known and cited as "The
Electoral Reforms Law of 1987."
c. The respondent shall be given three (3) days from
receipt of the summons within which to file his
Sec. 2. Law Governing Elections. - The first local elections verified answer (not a motion to dismiss) to the
under the new Constitution and all subsequent elections and petition, serving copy thereof upon the petitioner.
plebiscites shall be governed by this Act and by the Grounds for a motion to dismiss may be raised as
provisions of Batas Pambansa Blg. 881, otherwise known affirmative defenses.
as the Omnibus Election Code of the Philippines, and other
election laws not inconsistent with this Act.
d. The Commission may designate any of its officials
who are lawyers to hear the case and receive
Sec. 3. Voters in Cities. - The registered voters of a highly evidence. The proceeding shall be summary in
urbanized city shall not vote in the election for provincial nature. In lieu of oral testimonies, the parties may
officials of the province in which it is located. No component be required to submit position papers together with
city shall be declared or classified as a highly urbanized city affidavits or counter-affidavits and other
within sixty (60) days prior to a local election. documentary evidence. The hearing officer shall
immediately submit to the Commission his findings,
The registered voters of a component city shall be entitled reports, and recommendations within five (5) days
to vote in the election for provincial officials of the province from the completion of such submission of
of which it is a part, unless its charter provides otherwise. evidence. The Commission shall render its
decision within five (5) days from receipt thereof.

Sec. 4. Certificates of Candidacy; Certified Lists of

Candidates. - The certificates of candidacy shall be filed in e. The decision, order, or ruling of the Commission
twelve legible signed copies with the offices mentioned shall, after five (5) days from receipt of a copy
in Section 75 of Batas Pambansa Blg. 881. In cities with thereof by the parties, be final and executory
more than one election registrar, the Commission on unless stayed by the Supreme Court.
Elections, hereinafter referred to as the Commission, shall
designate the election registrar who shall receive the f. The Commission shall within twenty-four hours,
certificates of candidacy. through the fastest available means, disseminate
its decision or the decision of the Supreme Court to
In lieu of the additional copies of the certificate of candidacy the city or municipal election registrars, boards of
equal to twice the number of polling places which a election inspectors and the general public in the
candidate is required to file under said Section 75, the political subdivision concerned.
Commission shall cause to be printed certified lists of
candidates containing the names of all registered Sec. 6. Effect of Disqualification Case. - Any candidate
candidates for each office to be voted for in each province, who has been declared by final judgment to be disqualified
city or municipality immediately followed by the nickname or shall not be voted for, and the votes cast for him shall not be
stage name of each candidate duly registered in his counted. If for any reason a candidate is not declared by final
certificate of candidacy and his political party affiliation, if judgment before an election to be disqualified and he is
any. Said list shall be posted inside each voting booth during voted for and receives the winning number of votes in such
the voting period. election, the Court or Commission shall continue with the
trial and hearing of the action, inquiry, or protest and, upon
Whenever practicable, the board of inspectors shall cause motion of the complainant or any intervenor, may during the
said list of candidates to be written clearly and legibly on the pendency thereof order the suspension of the proclamation
blackboard or on manila paper for posting at a conspicuous of such candidate whenever the evidence of his guilt is
place inside the polling place. strong.

The names of all registered candidates immediately Sec. 7. Petition to Deny Due Course To or Cancel a
followed by the nickname or stage name shall also be Certificate of Candidacy. - The procedure hereinabove
printed in the election returns and tally sheets. provided shall apply to petitions to deny due course to or
cancel a certificate of candidacy as provided in Section 78
of Batas Pambansa Blg. 881.
Sec. 5. Procedure in Cases of Nuisance Candidates. -
Sec. 8. Representatives of Parties During Printing of
a. A verified petition to declare a duly registered Returns and Ballots. - The registered political parties or
candidate as a nuisance candidate under Section
coalitions of parties, or their components should there be political purposes except to the Commission as
any dissolution or division of said coalition, whose provided under Sections 90 and 92 of Batas
candidates obtained at least ten percent (10%) of the total Pambansa Blg. 881. Any mass media columnist,
votes cast in the next preceding senatorial election shall commentator, announcer or personality who is a
each have a watcher and/or representative in the candidate for any elective public office shall take a
procurement and watermarking of papers to be used in the leave of absence from his work as such during the
printing of election returns and official ballots and in the campaign period.
printing, numbering, storage, and distribution thereof.
Sec. 12. Official Watchers. - Every registered political
Sec. 9. Public Forum. - The Commission shall encourage party, coalition of political parties, and every candidate shall
nonpolitical, nonpartisan private or civic organizations to each be entitled to one watcher in every polling place:
initiate and hold in every city and municipality, public fora at Provided, That candidates for members of the Sangguniang
which all registered candidates for the same office may Panlalawigan, Sangguniang Panlungsod or Sangguniang
simultaneously and personally participate to present, Bayan or for city or municipal councilors belonging to the
explain, and/or debate on their campaign platforms and same slate or ticket shall collectively be entitled only to one
programs and other like issues. The Commission shall watcher. There shall also be recognized two principal
promulgate the rules and regulations for the holding of such watchers, one representing the ruling coalition and the other
fora to assure its nonpartisan character and the equality of the dominant opposition coalition, who shall sit as observers
access thereto by all candidates. in the proceedings of the board. The principal watcher shall
be designated on the basis of the recommendation of the
ruling coalition, represented by the political party of the
Sec. 10. Common Poster Areas. - The Commission shall
incumbent elected district representative, and of the
designate common poster areas in strategic public places
dominant opposition coalition, represented by the political
such as markets, barangay centers and the like wherein
party which performed best or which polled at least ten
candidates can post, display, or exhibit election propaganda
percent (10%) of the votes in the last national election.
to announce or further their candidacy.

A duly signed appointment of a watcher shall entitle him to

Whenever feasible common billboards may be installed by
recognition by the board of election inspectors and the
the Commission and/or nonpartisan private or civic
exercise of his rights and discharge of his duties as such:
organizations which the Commission may authorize
Provided, however, That only one watcher of each of those
whenever available, after due notice and hearing, in
authorized to appoint them can stay at any time inside the
strategic places where it may be readily seen or read, with
polling place.
the heaviest pedestrian and/or vehicular traffic in the city or
municipality.
The watchers shall be permitted full and unimpeded access
to the proceedings so that they can read the names of those
The space in such common poster areas or billboards shall
written on the ballots being counted with unaided natural
be allocated free of charge, if feasible, equitably and
vision, consistent with good order in the polling place.
impartially among the candidates in the province, city or
municipality.
In addition to their rights and duties under Section 179 of
Batas Pambansa Blg. 881, the two principal watchers
Sec. 11. Prohibited Forms of Election Propaganda. - In
representing the ruling coalition and the dominant opposition
addition to the forms of election propaganda prohibited
coalition in a precinct shall, if available affix their signatures
under Section 85 of Batas Pambansa Blg. 881, it shall be
and thumbmarks on the election returns for that precinct. If
unlawful:
both or either of them is not available, unwilling or should
they refuse to do so, any watcher present preferably with
a. to draw, paint, inscribe, write, post, display or political affiliation or alignment compatible with that of the
publicly exhibit any election propaganda in any absent or unwilling watcher, may be required by the board
place, whether private or public, except in the of election inspectors to do so.
common poster areas and/or billboards provided in
the immediately preceding section, at the
Sec. 13. Board of Election Inspectors. -The board of
candidate's own residence, or at the campaign
election inspectors to be constituted by the Commission
headquarters of the candidate or political party:
under Section 164 of Batas Pambansa Blg. 881 shall be
Provided, That such posters or election
composed of a chairman and two (2) members, one of whom
propaganda shall in no case exceed two (2) feet by
shall be designated as poll clerk, all of whom shall be public
three (3) feet in area: Provided, further, That at the
school teachers, giving preference to those with permanent
site of and on the occasion of a public meeting or
appointments. In case there are not enough public school
rally, streamers, not more than two (2) and not
teachers, teachers in private schools, employees in the civil
exceeding three (3) feet by eight (8) feet each may
service, or other citizens of known probity and competence
be displayed five (5) days before the date of the
who are registered voters of the city or municipality may be
meeting or rally, and shall be removed within
appointed for election duty.
twenty-four (24) hours after said meeting or rally;
and
Sec. 14. Per Diems Of Boards of Election Inspectors and
Other Personnel. - The chairman and the members of the
b. for any newspaper, radio broadcasting or television
boards of election inspectors shall each be paid a per diem
station, or other mass media, or any person making
of One hundred pesos (P100.00) on each registration or
use of the mass media to sell or to give free of
charge print space or air time for campaign or other
revision day and Two hundred pesos (P200.00) on election municipal board of canvassers as a body for its use in the
day. city or municipal canvass. The second copy shall be
delivered to the election registrar of the city or municipality
for transmittal to the provincial board of canvassers for its
Support personnel from the Department of Education,
use in the provincial canvass. The third copy shall likewise
Culture and Sports shall each receive a per diem of P50.00
be delivered to the election registrar for transmittal to the
during election day. Supervisors, principals and other
Commission. The fourth copy, to be known as advance
administrators of the Department of Education, Culture and
election returns, shall be delivered to the city or municipal
Sports, who may be required by the Commission to perform
treasurer who, in the presence of the election registrar or his
election duties shall each be entitled to a per diem of
authorized representative, shall immediately and publicly
P100.00.
open the same and post the votes therein in an election
board, sufficiently large to enable the public to read them,
Provincial, city and municipal treasurers shall each receive built on a public place preferably within the immediate
a per diem of P200.00 on election day. vicinity of the city hall or municipal building. The fifth copy
shall be deposited in the compartment of the ballot box for
Sec. 15. Signatures of Chairman and Poll Clerk at the valid ballots. The sixth copy shall be delivered to the city or
Rack of Every Ballot. - In addition to the preliminary acts municipal trial judge or municipal circuit trial judge, as the
before the voting as enumerated in Section 191 of Batas case may be, or in his absence to any official who may be
Pambansa Blg. 881, the chairman and the poll clerk of the designated by the Commission for safekeeping. Said copy
board of election inspectors shall affix their signatures at the may be opened during the canvass upon order of the board
back of each and every official ballot to be used during the of canvassers for purposes of comparison with other copies
voting. A certification to that effect must be entered in the of the returns whose authenticity is in question.
minutes of the voting.
The city or municipal treasurer shall issue certified copy of
Sec. 16. Certificate of Votes. - After the counting of the any election returns in his possession upon request of any
votes cast in the precinct and announcement of the results interested party and payment of the fees required by existing
of the election, and before leaving the polling place, the ordinances.
board of election inspectors shall issue a certificate of votes
upon request of the duly accredited watchers. The certificate The Commission shall promulgate rules for the speedy and
shall contain the number of votes obtained by each safe delivery or preservation of the election returns.
candidate written in words and figures, the number of the
precinct, the name of the city or municipality and province,
Sec. 20. Boards of Canvassers. - There shall be a board
the total number of voters who voted in the precinct, and the
of canvassers for each province, city and municipality as
date and time issued, and shall be signed and thumbmarked
follows:
by each member of the board.

a. Provincial Board of Canvassers. - The provincial

Sec. 17. Certificate of Votes as Evidence. - The
board of canvassers shall be composed of the
provisions of Sections 235 and 236 of Batas Pambansa Blg.
provincial election supervisor or a lawyer in the
881 notwithstanding, the certificate of votes shall be
regional office of the Commission, as chairman, the
admissible in evidence to prove tampering, alteration,
provincial fiscal, as vice-chairman, and the
falsification or any anomaly committed in the election returns
provincial superintendent of schools, as member.
concerned, when duly authenticated by testimonial or
documentary evidence presented to the board of
canvassers by at least two members of the board of election b. City Board of Canvassers. - The city board of
inspectors who issued the certificate: Provided. That failure canvassers shall be composed of the city election
to present any certificate of votes shall not be a bar to the registrar or a lawyer of the Commission, as
presentation of other evidence to impugn the authenticity of chairman, the city fiscal, as vice-chairman, and the
the election returns. city superintendent of schools, as member. In cities
with more than one election registrar, the
Commission shall designate the election registrar
Sec. 18. Transfer of Counting of Votes to Safer Place. -
who shall act as chairman.
If on account of imminent danger of violence, terrorism,
disorder or similar causes, it becomes necessary to transfer
the counting of votes to a safer place, the board of c. Municipal Board of Canvassers. - The municipal
inspectors may effect such transfer by unanimous approval board of canvassers shall be composed of the
by the board and concurrence by the majority of the election registrar or a representative of the
watchers present. This fact shall be recorded in the minutes Commission, as chairman, the municipal treasurer,
of voting and the members of the board and the watchers as vice-chairman, and the most senior district
shall manifest their approval or concurrence by affixing their school supervisor or in his absence a principal of
signatures therein. The Commission shall issue rules and the school district or the elementary school, as
guidelines on the matter to secure the safety of the members member.
of the board, the watchers, and all election documents and
paraphernalia.
The proceedings of the board of canvassers shall be open
and public.
Sec. 19. Number of Copies of Election Returns and their
Distribution. - The election returns required under Section
Sec. 21. Substitution of Chairman and Members of the
212 of Batas Pambansa Blg. 881 shall be prepared in
Board of Canvassers. - In case of non-availability,
sextuplicate. The first copy shall be delivered to the city or
absence, disqualification due to relationship, or incapacity including preliminary investigations of election offenses, no
for any cause of the chairman, the Commission shall appoint person subpoenaed to testify as a witness shall be excused
as substitute, a ranking lawyer of the Commission. With from attending and testifying or from producing books,
respect to the other members of the board, the Commission papers, correspondence, memoranda and other records on
shall appoint as substitute the following in the order named: the ground that the testimony or evidence, documentary or
the Provincial Auditor, the Registrar of Deeds, the Clerk of otherwise, required of him, may tend to incriminate him or
Court nominated by the Executive Judge of the Regional subject him to prosecution: Provided, That no person shall
Trial Court, and any other available appointive provincial be prosecuted criminally for or on account of any matter
official in the case of the provincial board of canvassers; the concerning which he is compelled, after having claimed the
officials in the city corresponding to those enumerated, in privilege against self-incrimination, to testify and produce
the case of the city board of canvassers; and the Municipal evidence, documentary or otherwise.
Administrator, the Municipal Assessor, the Clerk of Court
nominated by the Executive Judge of the Municipal Trial
Under such terms and conditions as it may determine, the
Court, or any other available appointive municipal officials,
Commission may grant immunity from criminal prosecution
in the case of the municipal board of canvassers.
to any person whose testimony or whose possession and
production of documents or other evidence may be
Sec. 22. Canvassing Committees. - The board of necessary to determine the truth in any hearing, inquiry or
canvassers may constitute such number of canvassing proceeding being conducted by the Commission or under its
committees as may be necessary to enable the board to authority in the performance or in the furtherance of its
complete the canvass within the period prescribed constitutional functions and statutory objectives. The
under Section 231 of Batas Pambansa Blg. 881: Provided, immunity granted under this and the immediately preceding
That each committee shall be composed of three members, paragraph shall not exempt the witness from criminal
each member to be designated by the chairman and prosecution for perjury or false testimony.
members of the board and that all candidates shall be
notified in writing, before the election, of the number of
Sec. 27. Election Offenses. - In addition to the prohibited
committees to be constituted so that they can designate their
acts and election offenses enumerated in
watchers in each committee. The committees shall be under
Sections 261 and 262 of Batas Pambansa Blg. 881, as
the direct supervision and control of the board.
amended, the following shall be guilty of an election offense:

Sec. 23. Notice of Meetings of the Board. - At least five

a. Any person who causes the printing of official
(5) days before the initial meeting of the board of
ballots and election returns by any printing
canvassers, the chairman of the board shall give written
establishment which is not under contract with the
notice to all members thereof and to each candidate and
Commission on Elections and any printing
political party presenting candidates for election in the
establishment which undertakes such
political subdivision concerned of the date, time and place of
unauthorized printing.
the meeting. Similar notice shall also be given for
subsequent meetings unless notice has been given in open
session of the board. Proof of service of notice to each b. Any member of the board of election inspectors or
member, candidate and political party shall be attached to board of canvassers who tampers, increases, or
and shall form part of the records of the proceedings. If decreases the votes received by a candidate in any
notice is given in open session, such fact shall be recorded election or any member of the board who refuses,
in the minutes of the proceedings. after proper verification and hearing, to credit the
correct votes or deduct such tampered votes.
Sec. 24. Proceedings of the Board. - The board of
canvassers shall have full authority to keep order within the c. Any member of the board of election inspectors
canvassing room or hall and its premises and enforce who refuses to issue to duly accredited watchers
obedience to its lawful orders. If any person shall refuse to the certificate of votes provided in Section
obey any lawful order of the board or shall so conduct 16 hereof.
himself in such disorder manner as to disturb or interrupt its
proceedings, the board may order any peace officer to take d. Any person who violates Section 11 hereof
such person into custody until the adjournment of the regarding prohibited forms of election propaganda.
meeting.

e. Any chairman of the board of canvassers who fails

Sec. 25. Right to be Present and to Counsel During the to give notice of meetings to other members of the
Canvass. - Any registered political party, coalition of parties, board, candidate or political party as required
through their representatives, and any candidate has the under Section 23 hereof.
right to be present and to counsel during the canvass of the
election returns: Provided, That only one counsel may argue
for each political party or candidate. They shall have the right f. Any person declared a nuisance candidate as
to examine the returns being canvassed without touching defined under Section 69 of Batas Pambansa Blg.
them, make their observations thereon, and file their 881, or is otherwise disqualified, by final and
challenges in accordance with the rules and regulations of executory judgment, who continues to
the Commission. No dilatory action shall be allowed by the misrepresent himself, or holds himself out, as a
board of canvassers. candidate, such as by continuing to campaign
thereafter, and/or other public officer or private
individual, who knowingly induces or abets such
Sec. 26. COMELEC Hearings and Proceedings. - In all misrepresentation, by commission or omission,
hearings, inquiries, and proceedings of the Commission,
 shall be guilty of an election offense and subject to Sec. 31. Repealing Clause. - All laws, executive orders,
the penalty provided in Section 264 of the same rules and regulations, or any part thereof inconsistent
Code. herewith are deemed repealed or modified accordingly.

Sec. 28. Prosecution of Vote-Buying and Vote-Selling. - Sec. 32. Separability Clause. - If for any reason, any
The presentation of a complaint for violations of section or provision of this Act, or any part thereof, or the
paragraph (a) or (b) of Section 261 of Batas Pambansa Blg. application of such section, provision or portion is declared
881 supported by affidavits of complaining witnesses at invalid or unconstitutional, the remainder thereof shall not be
testing to the offer or promise by or of the voter's acceptance affected by such declaration.
of money or other consideration from the relatives, leaders
or sympathizers of a candidate, shall be sufficient basis for
Sec. 33. Effectivity. - This Act shall take effect upon its
an investigation to be immediately conducted by the
approval.
Commission, directly or through its duly authorized legal
officers, under Section 68 or Section 265 of said Batas
Pambansa Blg. 881.

Proof that at least one voter in different precincts

representing at least twenty percent (20%) of the total
precincts in any municipality, city or province has been
offered, promised or given money, valuable consideration or
other expenditure by a candidate's relatives, leaders and/or
sympathizers for the purpose of promoting the election of
such candidate, shall constitute a disputable presumption of
a conspiracy under paragraph (b) of Section 261 of Batas
Pambansa Blg. 881.

Where such proof affects at least twenty percent (20%) of

the precincts of the municipality, city or province to which the
public office aspired for by the favored candidate relates, the
same shall constitute a disputable presumption of the
involvement of such candidate and of his principal campaign
managers in each of the municipalities concerned, in the
conspiracy.

The giver, offeror, and promisor as well as the solicitor,

acceptor, recipient and conspirator referred to in paragraphs
(a) and (b) of Section 261 of Batas Pambansa Blg. 881 shall
be liable as principals: Provided, That any person, otherwise
guilty under said paragraphs who voluntarily gives
information and willingly testifies on any violation thereof in
any official investigation or proceeding shall be exempt from
prosecution and punishment for the offenses with reference
to which his information and testimony were given:
Provided, further, That nothing herein shall exempt such
person from criminal prosecution for perjury or false
testimony.

Sec. 29. Designation of Other Dates for Certain Pre-

elections Acts. - If it should no longer be reasonably
possible to observe the periods and dates prescribed by law
for certain pre-election acts, the Commission shall fix other
periods and dates in order to ensure accomplishment of the
activities so voters shall not be deprived of their right of
suffrage.

Sec. 30. Effectivity of Regulations and Orders of the

Commission. - The rules and regulations promulgated by
the Commission shall take effect on the seventh day after
their publication in the Official Gazette or in at least two (2)
daily newspapers of general circulation in the Philippines.

Orders and directives issued by the Commission shall be

furnished by personal delivery to all parties concerned within
forty-eight (48) hours from date of issuance and shall take
effect immediately upon receipt thereof unless a later date
is expressly specified in such orders or directives.