The Philippine Constitution and Philippine Laws on Elections

The Philippines is governed by its present Constitution, which was drafted by the Constitutional Commission of 1986 and ratified by an overwhelming majority votes of the qualified registered voters in a plebiscite held on 2 February 1987. Thereunder, political power is distributed to the people and to the government. Certain powers are reserved to the people through the exercise of their right of suffrage,[6] and certain rights are expressly recognized and protected as individual rights. People express their sovereign will when they ratify the Constitution and revisions or amendments thereof in a plebiscite conducted for the purpose: participate in initiative, referenda, and recall; and elect their public officials. The Bill of Rights guarantees the exercise of civil and political rights and protects these rights from impairment.

Governmental powers are distributed to the different branches or departments of the government - the Legislative, Executive and Judicial departments. The government is organized in such a way that power is delegated either to the central or local government with the three departments exercising the powers of government according to the nature of their functions. The Constitution also created commissions for particular governmental areas of concern, such as, the Civil Service Commission for personnel matters, the Commission on Elections for electoral matters, and the Commission on Audit for the audit and settlement of accounts of receipts and expenditures of government funds or property. The Constitution also created the Commission on Human Rights and the Office of the Ombudsman. The Philippines had several Constitutions in the past. It had its first Constitution upon the establishment of the First Philippine Republic on 21 January 1899, shortly after the Philippines proclaimed its independence on 12 June 1898. On 14 May 1935, during the American rule, the 1935 Constitution was ratified. This Constitution was amended on 24 October 1939, again on 18 June 1940 resulting in the creation of the Commission on Elections; and once more on 11 March 1947 to give American citizens parity rights, which have now expired. It was on 4 July 1946 that the Philippines regained its independence. The 1973 Constitution was the product of the 1971 Constitutional Convention. It was ratified on 17 January 1973, but before that, on 21 September 1972, then President Ferdinand E. Marcos declared martial law. The Constitution was amended in 1976, 1980, and 1984. A snap presidential election, marred by unparelled fraudulence, was held in 1986. Ferdinand Marcos, the incumbent President then who yielded to the call for a snap election, was proclaimed winner in the election by the unicameral legislature, the Batasang Pambansa. The opposition candidate was Corazon Cojuangco Aquino, widow of opposition Senator Benigno S. Aquino, Jr., who became a martyr for democracy when he was assassinated at the Manila International Airport upon his arrival from the United States of America on 21 August 1983. Shortly after the snap election was the people power revolution on 22-25 February 1986, referred to as EDSA I. As a result thereof, Marcos was ousted and Corazon Cojuangco Aquino was installed President. A revolutionary government was declared, and a Freedom Constitution, provisional in character, was proclaimed on 25 March 1986. To restore the country to full democracy, President Aquino appointed a Constitutional Commission, composed of 50 members[12], to draft a new Constitution.. The Commission approved on 15 October 1986 the draft of the Constitution it crafted. This Constitution was overwhelmingly ratified by the Filipino people in the plebiscite held on 2 February 1987. Election under the 1987 Constitution Article V of the 1987 Constitution is devoted to Suffrage. Section 1 thereof provides that suffrage may be exercised by all citizens of the Philippines not otherwise disqualified by law who are at least 18 years of age and who shall have resided in the Philippines for at least 1 year and in the place wherein they propose to vote for at least 6 months immediately preceding the

election. No literacy, property, or other substantive requirement is imposed on the exercise of suffrage. Congress is also directed to provide for a system for securing the secrecy and sanctity of the ballot, as well as a system for absentee-voting by qualified Filipinos abroad. Elections are mandated under the 1987 Philippine Constitution. To prevent perpetuation of power, the Constitution provides that a President can only serve 1 term of 6 years. A second term or reelection is prohibited. A Vice-President and a Senator have a term of 6 years and cannot run for a third term after an uninterrupted service of 2 terms, although they may run again after an interval of 1 term after the second term. Members of the House of Representatives and elective local officials cannot run for a fourth term after uninterrupted service of 3 terms, but may run again after a lapse of 1 term after the third term. The Philippine Election Laws Our country's election law has a long history. It goes back to Act No. 502, enacted on 10 November 1902 by the Philippine Commission by authority of the USA. Incidentally, the first election in my country was held in Baliwag in the province of Bulacan, in May 1899, under American supervision. The election in four municipalities in the province of Cavite thereafter followed Act No. 502 was followed by many of Commonwealth Acts, Republic Acts, Presidential Decrees, Batas Pambansa, and Executive Orders. The basic election law at present is the Omnibus Election Code of 1985, as amended and supplemented over time.
Filipinos witnessed a new page in the Philippines' history following the successful completion of the country's first automated election in May 2010 amid technical problems and reported cases of violence nationwide.

GOVERNING LAWS AND PRINCIPLES ON ELECTION CONSTITUTIONAL PROVISIONS Article II Declaration of Principles and State Policies Section 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them. Section 13. The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs. Section 23. The State shall encourage non-governmental, community-based, or sectoral organizations that promote the welfare of the nation. Section 26. The State shall guarantee equal access to opportunities for public service and prohibit political dynasties as may be defined by law. Article III Bill of Rights

Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances. Section 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights. Section 8. The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged. Section 16. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies. Section 18. (1) No person shall be detained solely by reason of his political beliefs and aspirations. (2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted. Article IV Citizenship Section 1. The following are citizens of the Philippines: [1] Those who are citizens of the Philippines at the time of the adoption of this Constitution; [2] Those whose fathers or mothers are citizens of the Philippines; [3] Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; and [4] Those who are naturalized in accordance with law. Section 2. Natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship. Those who elect Philippine citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed natural-born citizens. Article V Suffrage Section 1. Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified by law, who are at least eighteen years of age, and who shall have resided in the Philippines for at least one year, and in the place wherein they propose to vote, for at least six months immediately preceding the election. No literacy, property, or other substantive requirement shall be imposed on the exercise of suffrage.

BASIC AND GENERAL SOURCES OF ELECTION LAWS

Batas Pambansa Blg. 881 Republic Act No. 7160 Republic Act No. 6646 Republic Act No. 7166 Republic Act No. 7941 Republic Act No. 8189 Republic Act No. 9006 Republic Act. No. 9189 Republic Act No. 8436

The Omnibus Election Code The Local Government Code The Electoral Reforms Law of 1987 The Synchronized Elections Law of 1991 The Party List System Act of 1995 The Voter's Registration Act of 1996 The Fair Election Law of 2001 The Overseas Absentee Voting The Election Modernization Act of 1997 An Act Authorizing The Commission on Elections to Use an Automated Election System in the May 11, 1998 National or Local Elections and in Subsequent National and Local Electoral Exercises, Providing Funds Therefore and for Other Purposes An Act Amending Republic Act No. 8436, Entitled "An Act Authorizing the Commission on Elections to Use an Automated Eleciton System in the May 11, 1998 National or Local Elections and in Subsequent National and Local Electoral Exercises, to Encourage Transparency, Credibility, Fairness and Accuracy of Elections, Amending for the Purpose Batas Pambansa Blg. 881, as Amended, Republic Act No. 7166 and Other Related Election Laws, Providing Funds Therefore and for Other Purposes

Republic Act No. 9369

The 1993 Comelec Rules of Procedure The 2004 Rules of House of Representatives Electoral Tribunal (HRET) The Revised Rules of the Senate Electoral Tribunal The 2005 Rules of the Presidential Electoral Tribunal

COMPREHENSIVE TITLE OF RELATED LAWS AND DATE OF EFFECTIVITY CODE TITLE The 1987 Constitution of the Republic of the Philippines Omnibus Election Code Anti-Graft and Corrupt Practices Act APPROVAL DATE

Batas Pambansa Blg. 881 Republic Act No. 3019

12.03.1985 08.17.1960

Republic Act No. 3588

Republic Act No. 3808

Republic Act No. 4979 Republic Act No. 6636

Republic Act No. 6641

Republic Act No. 6646 Republic Act No. 6653

Republic Act No. 6659

Republic Act No. 6679

Republic Act No. 6713

AN ACT TO PROVIDE FOR PERMANENT REGISTRATION OF VOTERS AND FOR THIS PURPOSE TO POSTPONE THE GENERAL RENEWAL OF REGISTRATION OF VOTERS WHICH IS SET FOR NINETEEN HUNDRED SIXTY-THREE. AN ACT AUTHORIZING THE COMMISSION ON ELECTIONS TO REORGANIZE ITS OFFICE, FIX THE SALARIES, AND FIX ITS APPROPRIATION FOR MAINTENANCE AND OPERATION EXPENSES. An Act Creating the Provinces of Agusan del Norte and Agusan del Sur An Act Resetting the Local Elections from November 9, 1987 to January 18, 1988, Amending for This Purpose Executive Order Numbered Two Hundred and Seventy AN ACT ALLOWING QUALIFIED VOTERS OF THE CITY OF MANDAUE TO VOTE IN PROVINCIAL ELECTIONS OF THE PROVINCE OF CEBU, AMENDING FOR THE PURPOSE REPUBLIC ACT NUMBERED FIFTY-FIVE HUNDRED AND NINETEEN An Act Introducing Additional Reforms in the Electoral System and for Other Purposes An Act to Postpone the May 9, 1988 Barangay Elections to the Second Monday of November This Year and for Other Purposes AN ACT AUTHORIZING THE QUALIFIED ELECTORS OF THE CULION LEPER COLONY TO VOTE IN LOCAL ELECTIONS FOR THE ELECTIVE PROVINCIAL OFFICIALS OF THE PROVINCE OF PALAWAN An Act to Amend Republic Act No. 6653 to Postpone the Barangay Elections to March 28, 1989, Prescribing Additional Rules Governing the Conduct of Barangay Elections and For Other Purposes An Act Establishing a Code of Conduct and Ethical Standards for Public Officials and Employees, to Uphold the Time-Honored Principle of Public Office Being a Public Trust, Granting Incentives and Rewards for Exemplary Service, Enumerating Prohibited Acts and Transactions and Providing Penalties for

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Republic Act No. 6726

Republic Act No. 6734 Republic Act No. 6735 Republic Act No. 6827

Republic Act No. 6843

Republic Act No. 6861

Republic Act No. 7056

Republic Act No. 7160

Violations Thereof and for Other Purposes AN ACT ALLOWING QUALIFIED VOTERS OF THE CITY OF OROQUIETA TO VOTE IN PROVINCIAL ELECTIONS OF THE PROVINCE OF MISAMIS OCCIDENTAL, AMENDING FOR THE PURPOSE REPUBLIC ACT NUMBERED FIFTY-FIVE HUNDRED AND EIGHTEEN An Act Providing for an Organic Act for the Autonomous Region in Muslim Mindanao An Act Providing for a System of Initiative and Referendum and Appropriating Funds Therefor AN ACT POSTPONING THE HOLDING OF THE FIRST REGULAR ELECTION FOR THE GOVERNOR, DEPUTY GOVERNOR, AND MEMBERS OF THE REGIONAL ASSEMBLY OF THE AUTONOMOUS REGION OF THE CORDILLERAS BY AMENDING SECTION ONE OF THE TRANSITORY PROVISIONS OF REPUBLIC ACT NUMBERED SIX THOUSAND SEVEN HUNDRED SIXTY-SIX, AND FOR OTHER PURPOSES AN ACT TO AMEND SECTION NINETY-SIX OF REPUBLIC ACT NUMBERED FORTYFOUR HUNDRED AND EIGHTY-SEVEN, ENTITLED "AN ACT CREATING THE CITY OF SAN CARLOS IN PANGASINAN" BY ALLOWING QUALIFIED VOTERS OF THE CITY OF SAN CARLOS TO VOTE IN THE PROVINCIAL ELECTIONS OF THE PROVINCE OF PANGASINAN AN ACT POSTPONING THE HOLDING OF THE FIRST REGULAR ELECTION FOR GOVERNOR, DEPUTY GOVERNOR AND MEMBERS OF THE REGIONAL ASSEMBLY OF THE AUTONOMOUS REGION OF THE CORDILLERAS, AMENDING FOR THE PURPOSE SECTION 1, ARTICLE XXI OF REPUBLIC ACT NUMBERED SIXTY-SEVEN HUNDRED AND SIXTYSIX, AS AMENDED An Act Providing for the National and Local Elections in 1992, Paving the Way for Synchronized Elections and Simultaneous Elections Beginning 1995, and Authorizing Appropriations Therefor Local Government Code

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Republic Act No. 7166

Republic Act No. 7325

Republic Act No. 7647

Republic Act No. 7808

Republic Act No. 7904

Republic Act No. 7941

Republic Act No. 8045

Republic Act No. 8046

Republic Act No. 8173

An Act Providing For Synchronized National and Local Elections and For Electoral Reforms, Authorizing Appropriations Therefor, and For Other Purposes AN ACT PROVIDING FOR THE LOCAL ELECTIONS OF THE CITY OFFICIALS OF TRECE MARTIRES CITY, PROVINCE OF CAVITE, AND FOR OTHER PURPOSES An Act Providing for the Date of Regular Elections for Regional Governor, Regional ViceGovernor and Members of the Regional Legislative Assembly of the Autonomous Region in Muslim Mindanao and for Other Purposes An Act Resetting the Elections of Sangguniang Kabataan Officials to the First Monday of May 1996, and Every Three (3) Years Thereafter, amending for the Purpose Section 532 (a) of Republic Act No. 7160, Otherwise Known as the "Local Government Code of 1991" AN ACT AMENDING SECTION 185 OF THE OMNIBUS ELECTION CODE, AS AMENDED, BY REQUIRING THE COMMISSION ON ELECTIONS TO FURNISH EVERY REGISTERED VOTER AT LEAST THIRTY (30) DAYS BEFORE AND ELECTION WITH AN OFFICIAL SAMPLE BALLOT, VOTERS INFORMATION SHEET AND LIST OF CANDIDATES An Act Providing for the Election of Party-List Representatives Through the Party-List System, and Appropriating Funds Therefor An Act Amending Sec. 27 of Republic Act No. 7166, Entitled "An Act Providing for Synchronized National and Local Elections and for Electoral Reforms, Authorizing Appropriations Therefor, and for Other Purposes" An Act Authorizing the Commission on Elections to Conduct a Nationwide Demonstration of a Computerized Election System and Pilot-Test It in the March 1996 Elections in the Autonomous Region in Muslim Mindanao (ARMM) and for Other Purposes An Act Granting All Citizens' Arms Equal Opportunity to be Accredited by the Commission on Elections, Amending for the Purpose Republic Act Numbered Seventy-One Hundred and Sixty-

11.26.1991

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09.02.1994

02.23.1995

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Republic Act No. 8176

Republic Act No. 8189

Republic Act No. 8295

Republic Act No. 8436

Republic Act No. 8524

Republic Act No. 8746

Republic Act No. 8753

Six, As Amended An Act Changing the Date of Elections for the Elective Officials of the Autonomous Region in Muslim Mindanao, Amending for the Purpose Sec. One of Republic Act Numbered Seventy-Six Hundred and Forty-Seven Entiled "An Act Providing for the Date of Regular Elections for Regional Governor, Regional Vice-Governor and Members of the Regional Legislative Assembly of the Autonomous Region in Muslim Mindanao and for Other Purposes" An Act Providing for a General Registration of Voters, Adopting a System of Continuing Registration, Prescribing the Procedures Thereof and Authorizing the Appropriation of Funds Therefor An Act Providing for the Proclamation of a Lone Candidate for Any Elective Office in a Special Election, and for Other Purposes An Act Authorizing The Commission on Elections to Use an Automated Election System in the May 11, 1998 National or Local Elections and in Subsequent National and Local Electoral Exercises, Providing Funds Therefor and for Other Purposes An Act Changing the Term of Office of Barangay Officials and Members of the Sangguniang Kabataan From Three (3) Years to Five (5) Years, Amending For The Purpose Section 43 of Republic Act Numbered Seven Thousand One Hundred Sixty, Otherwise Known as the Local Government Code of 1991, and for Other Purposes An Act Providing for the Date of the Regular Elections of Regional Governor, Regional ViceGovernor and Members of the Regional Legislative Assembly of the Autonomous Region in Muslim Mindanao (ARMM) Further Amending for the Purpose Republic Act No. 7647 Entitled "An Act Providing for the Date of Regular Elections for Regional Governor, Regional Vice-Governor and Members of the Legislative Assembly of the Autonomous Region in Muslim Mindanao", as Amended, and for Other Purposes An Act Resetting the Regular Elections for the

12.29.1995

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09.08.1999

Republic Act No. 8792

Republic Act No. 8953

Republic Act No. 9006

Republic Act No. 9007

Republic Act No. 9012

Republic Act No. 9054

Republic Act No. 9140

Elective Officials of the Autonomous Region in Muslim Mindanao Provided for Under Republic Act No. 8746 and for Other Purposes An Act Providing for the Recognition and Use of Electronic Commercial and Non-Commercial Transactions and Documents, Penalties for Unlawful Use Thereof and for Other Purposes An Act Resetting the Regular Elections for Elective Officials of the Autonomous Region in Muslim Mindanao to Coincide with the General Elections to be Held on the Second Monday of May 2001 An Act to Enhance the Holding of Free, Orderly, Honest, Peaceful and Credible Elections Through Fair Election Practices AN ACT APPROPRIATING THE SUM OF TWO BILLION FOUR HUNDRED FIFTY MILLION TWO HUNDRED SIXTYEIGHT THOUSAND PESOS (P2,450,268,000) TO FUND THE HOLDING OF THE NATIONAL AND LOCAL ELECTIONS IN 2001 AND FOR OTHER PURPOSES An Act Resetting the Regular Elections for Elective Officials of the Autonomous Region in Muslim Mindanao to the Second Monday of September 2001, Amending for the Purpose Republic Act No. 8953. An Act to Strengthen and Expand the Organic Act for the Autonomous Region in Muslim Mindanao, Amending for the Purpose Republic Act No. 6734, Entitled "An Act Providing for the Autonomous Region in Muslim Mindanao" as Amended AN ACT FIXING THE DATE OF THE PLEBISCITE FOR THE APPROVAL OF THE AMENDMENTS TO REPUBLIC ACT NO. 6734 AND SETTING THE DATE OF THE REGULAR ELECTIONS FOR ELECTIVE OFFICIALS OF THE AUTONOMOUS REGION IN MUSLIM MINDANAO ON THE LAST MONDAY OF NOVEMBER 2001, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9054, ENTITLED "AN ACT TO STRENGTHEN AND EXPAND THE ORGANIC ACT FOR THE AUTONOMOUS REGION IN MUSLIM MINDANAO, AMENDING FOR THE

09.22.2000

09.01.2000

02.12.2001

02.21.2001

02.28.2001

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06.22.2001

Republic Act No. 9164

Republic Act No. 9184

Republic Act No. 9189

Republic Act No. 9225

Republic Act No. 9333

Republic Act No. 9340

Republic Act No. 9369

PURPOSE REPUBLIC ACT NO. 6734, ENTITLED 'AN ACT PROVIDING FOR THE AUTONOMOUS REGION IN MUSLIM MINDANAO,' AS AMENDED," AND FOR OTHER PURPOSES An Act Providing for Synchronized Barangay and Sangguniang Kabataan Elections, Amending Republic Act No. 7160, as Amended, Otherwise Known as the "Local Government Code of 1991", and for Other Purposes An Act Providing for the Modernization, Standardization and Regulation of the Procurement Activities of the Government and for Other Purposes An Act Providing for a System of Overseas Absentee Voting by Qualified Citizens of the Philippines Abroad, Appropriating Funds Therefor, and for Other Purposes An Act Making the Citizenship of Philippine Citizens who Acquire Foreign Citizenship Permanent, Amending for the Purpose Commonwealth Act. No. 63, as Amended and for Other Purposes An Act Amending Fixing the Date or Regular Elections for Elective Officials of the Autonomous Region in Mslim Mindanao Pursuant to Republic Act No. 9054, Entitled "An Act to Strengthen and Expand the Organic Act for the Autonomous Region in Muslim Mindanao, Amending for the Purpose Republic Act No. 6734, Entitled 'An Act Providing for an Organic Act for the Autonomous Region in Muslim Mindanao', as Amended" An Act Amending Republic Act No. 9164, Resetting the Barangay and Sangguniang Kabataan Elections, and for Other Purposes An Act Amending Republic Act No. 8436, Entitled "An Act Authorizing the Commission on Elections to Use an Automated Eleciton System in the May 11, 1998 National or Local Elections and in Subsequent National and Local Electoral Exercises, to Encourage Transparency, Credibility, Fairness and Accuracy of Elections, Amending for the Purpose Batas Pambansa Blg. 881, as Amended, Republic Act No. 7166 and Other Related Election Laws, Providing Funds

03.19.2002

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02.13.2003

08.29.2003

09.21.2004

09.22.2005

01.23.2007

Republic Act No. 9485

Republic Act No. 9525

Republic Act No. 10153

Congress of the Philippines Joint Resolution No. 3

Therefor and for Other Purposes" An Act to Improve Efficiency in the Delivery of Government Service to the Public by Reducing Bureaucratic Red Tape, Preventing Graft and Corruption, and Providing Penalties Therefor An Act Appropriating the sum of Eleven Billion Three Hundred One Million Seven Hundred Ninety Thousand Pesos (P11,301,790,000.00) As Supplemental Appropriations for an Automated Election System and for other purposes An Act to Providing for the Synchronization of the Elections in the Autonomous region in Muslim Mindanao (ARMM) with the National and Local Elections and for other purposes. Joint Resolution Annulling the Book of Voters of the Municipalities/Cities in the Autonomous Region of Muslim Mindanao, Directing the Commission on Election to Immediately Conduct a New General Registration of Voters in the Region, Providing Funds there for, and for Other Purposes

06.02.2007

03.23.2009

06.30.2011

06.11.2012