Judge MYRA B.

QUIAMBAO
RTC Muntinlupa City
Branch 203
What are considered election offenses?

They are acts that may be committed by:

- a voter; or
- member of the Board of Election Inspector
(BEI); or
- any person

before the voting (pre-election), election

(during the voting), and after the voting (post-
election).
Who are liable for election offenses?

 principals, accomplices, and accessories, as

defined in the Revised Penal Code

 Ifa political party or an entity, the president

or head, the officials and employees who
performed duties connected with the
election offense and its members who may
be principals, accomplices, or accessories, in
addition to the liability of such party or
entity.
 Failure to vote is not an election offense

 Under Article V, Section 1 of the 1987

Constitution, the right of suffrage may be
exercised by all citizens of the Philippines.
 Where should complaints on election offenses
be filed?

1. Law Department of the COMELEC; or

2. with the offices of the Election Officer,
Provincial Election Supervisors or Regional
Election Directors;
3. or the State Prosecutor, Provincial Prosecutor
or City Prosecutor.
If filed with any of the latter three (3)
officials, investigation thereof may be
delegated to any of their assistants.

[COMELEC Rules of Procedure, Rule VI, Section 1;

See also Corpus v. Tanodbayan, G.R. No. L‐62075,
15 April 1987]
 Who has the power to prosecute election
offenses?

 COMELEC through its duly authorized legal

officers concurrent with the other
prosecuting arms of the government. [Sec.
43, RA 9369]
 What body has jurisdiction over election
offenses?

 The Regional Trial Court has the exclusive

jurisdiction to try and decide election
offenses, even if the offense carries with it
a penalty not exceeding six (6) years.

 From the decision of the RTC, appeal will lie

as in other criminal cases.
 Whatis the prescriptive period for the
prosecution of election offenses?

 five
(5) years after the date of their
commission.
Preferential disposition of election cases over
all other cases except petition for habeas
corpus

Case should be decided within 30 days from

its submission for decision.
Penalties for election offenses

 Imprisonment of not less than 1 year but

not more than 6 years.

 Disqualification to hold public office; and

 deprivation of the right of suffrage

No probation in election offenses

 Any person found guilty of any election

offense although the penalty is not more
than six (6) years shall not be subject to
probation
Pardon, amnesty, parole or suspension of
sentence for violation of election laws, rules
and regulations

 There must be a favorable recommendation

first by the COMELEC before it may be
granted by the President.
What are the election laws that penalize election
offenses?

 Sections 261 and 262 of BP 881 (Omnibus Election

Code)

 Section 27, RA 6646 (The Electoral Reforms Law of

1987)

 Sections 9, 25, 31, RA 7166 (An Act Providing for

Synchronized National and Electoral Reforms,
authorizing appropriations therefore, and for other
purposes)

 Section 45, RA 8189 (The Voter’s Registration Act of

1996)
 Section 5, RA 8295 (An Act Providing for the
Proclamation of a Lone candidate for Any elective
Office in a Special Election, and for other
purposes)

 Section 13, RA 9006 (The Fair Election Act)

 Section 24, RA 9189 (The Overseas Absentee Voting

Act of 2003)

 Sections 28, 31, 32, 33, 35, 37, 39, 40 and 42, RA
9369 (An Act Amending R.A. 8436 entitled “An Act
Authorizing the COMELEC to Use an Automated
Election System in May 11, 1998 National or Local
Elections and in Subsequent National or Local
Electoral Exercises)
PERIOD OF THE BAN

 duringthe election period (120 days before

and 30 days after the Election Day)

 January 13, 2019 up to June 12, 2019

PROHIBITED ACTS in relation to carrying of
firearms during the election period

1. To carry firearms and deadly

weapons outside residence or place of
business, and in all public places;

2. To engage the services of security personnel

3. To transport firearms and explosives,

including its spare parts and components
1. the person is bearing, carrying, or
transporting firearms;
2. such possession occurs during the election
period;
3. the weapon is carried in a public place; and
4. no authority to possess a firearm from
COMELEC

Under the Omnibus Election Code, the burden

to show that he or she has a written authority
to possess a firearm is on the accused.
SUSPENDED, INEFFECTIVE, AND WITHOUT
FORCE AND EFFECT

 Issuance of firearms licenses

 Issuance of Permits to Carry Firearms Outside
Residence (PTCFOR), Mission Orders, Letter
Orders (LO), and Acknowledgement Receipts
PENALTIES

 Imprisonment from 1 to 6 years

 Permanent disqualification from public office

and loss of right to vote

 Deportation for foreigners, but only after

prison term is served

 Cancellation of and/or perpetual

disqualification to secure license or permit
Who may be authorized by the COMELEC to bear or
carry firearms during the election gun ban?

Among them are:

 The President of the Republic of the Philippines;
 The Vice-President of the Republic of the
Philippines;
 Senators and Members of the House of
Representatives (who are not candidates);
 Cabinet Secretaries;
 The Chief Justice and Justices of the Supreme
Court, Justices of the Court of Appeals,
Sandiganbayan, and Court of Tax Appeals; and
Judges of the Regional Trial Courts and
Municipal/Metropolitan/Circuit Trial Courts;
 The Ombudsman and Deputy Ombudsmen;
 The Chairmen and Commissioners of the Civil
Service Commission (CSC) and the Commission on
Audit (COA);
 The Chairperson and Commissioners of the
Commission on Human Rights;
 Security Personnel of Foreign Diplomatic Corps,

Missions and Establishments under international

law, including Foreign Military Personnel in the
Philippines covered by existing treaties and
international agreements endorsed by the
Secretary of the Department of Foreign Affairs
and the Heads of Missions of foreign countries in
the Philippines.
 Regular officers, members, and agents of the
following agencies of the government who are
actually performing law enforcement and/or
security functions:

 1. Officers and Members of the Philippine National

Police (PNP);
 2. Commissioned Officers (COs), Non-Commissioned
Officers (NCOs) and Enlisted Personnel (EP) of the
Armed Forces of the Philippines (AFP);
 3. National Bureau of Investigation (NBI);
 4. Provincial and City Jails, Bureau of Corrections
(BuCor), Department of Justice;
 5. Bureau of Jail Management and Penology (BJMP);
Provided, That when in the possession of firearms, they are:

 in the regular plantilla of the said agencies and are

receiving regular compensation for the services rendered
in said agencies,

 in the agency-prescribed uniform

 duly authorized to possess firearm and to carry the same

outside of residence by virtue of a valid permit to carry or
a valid mission order or letter order;

 in the actual performance of official law enforcement

and/or security duty, or are going to or returning from his
dwelling/barracks or official station, and

 bearing, carrying or transporting a maximum of two (2)

firearms;
Q: What is a firearm?
A: A firearm is any handheld or portable
weapon that expels or is designed to expel a
bullet, shot, slug, missile or any projectile.
The barrel, frame or receiver is considered a
firearm.

Q: What is ammunition?
A: The complete unfired unit consisting of a
bullet, gunpowder, cartridge case and primer
or loaded shell for use in any firearm.
Q: Are replicas and imitations of airsoft guns
and airguns included in the gun ban?

A: Yes. The term “firearm” includes airguns,

airsoft guns, and replicas/imitations of
firearms in whatever form that can cause an
ordinary person to believe that they are real.

While airsoft guns are not considered as

firearms under RA 10591, the COMELEC can
include airsoft guns in the election gun ban.
 In fact under COMELEC Resolution No. 10446
[RULES AND REGULATIONS ON: (1) THE BAN ON
BEARING, CARRYING OR TRANSPORTING OF
FIREARMS OR OTHER DEADLY WEAPONS; AND
xxx DURING THE ELECTION PERIOD OF THE MAY
13, 2019 NATIONAL AND LOCAL ELECTIONS],
firearm is defined:

 o. Firearm, as defined in R. A. No. 10591, refers

to any handheld or portable weapon, whether a
small arm or light weapon, that expels or is
designed to expel a bullet, shot, slug, missile or
any projectile, which is discharged by means of
expansive force of gases from burning
gunpowder or other form of combustion or any
similar instrument or implement, wherein the
barrel, frame or receiver is considered a
firearm.
 The term shall include airguns, airsoft guns,
and replicas/imitations of firearms in whatever
form that can cause an ordinary person to
believe that they are real, including the parts
thereof, as defined under pertinent laws.
Imitation firearm, as defined under the same Act
and as used herein, refers to a replica of a
firearm, or other device that is so substantially
similar in coloration and overall appearance to
an existing firearm as to lead a reasonable
person to believe that such imitation firearm is a
real firearm. The term shall include airsoft
guns.
Q: One owns a licensed firearm and covered only
by a PTCFOR without any exemption from
COMELEC gun ban. On the day of the national
election, he was found in possession of said
firearm tucked on his waist while on the way to
his office. Is he guilty of an election offense?

A: Yes. His act is one of the acts punishable under

Section 261 (q) of the Omnibus Election Code
(OEC) which prohibits any person who, although
possessing a PTCFOR, carries a firearm outside
residence or place of business during the election
period without being authorized in writing by the
Commission on Elections (COMELEC).
Q: What is meant by residence or place of
business?

A: The location where the firearm/s shall be

kept as indicated in the firearms registration
card.
Q: If the licensed firearm was found in the
car driven by A while on his way to the
office, will he still be liable for an election
offense?

A: Yes. A motor vehicle, water or air craft are

not considered as residence or place of
business or an extension thereof.
Q: A person was found in possession of a
loose or unlicensed firearm in a COMELEC
checkpoint, he has no gun ban exemption
from COMELEC. Apart from the violation of
the COMELEC gun ban may he likewise be
held liable under RA No. 10591 or the
“Comprehensive Firearms and Ammunitions
Regulation Act” for illegal possession of
firearms?
A: YES. Under Section 29 of RA 10591, the use
or possession of loose firearms and violation of
other penal laws shall be treated as distinct
crimes and will be punished separately.
Ban on deadly weapons

 It is prohibited to

-bear,
-carry or
-transport deadly weapons

outside one’s residence or place of business, and

in all public places, including any building,
street, park, and in private vehicles or public
conveyances, even if that person is licensed or
authorized to possess or to carry the same,
unless authorized by the COMELEC during the
election period.
Q: What is a deadly weapon?

A: All types of bladed instruments, hand grenades

or other explosives, except pyrotechnics.

Q: Is there an exception to the ban on bladed

weapon, meaning, the bearing, carrying and
transporting is allowed even without COMELEC
authority?

A: Yes. When possession of the bladed instrument

is necessary to the occupation of the possessor or
when it is used as a tool for a legitimate activity.
Q: What is an explosive?

A: An exploding substance or agent, including

the components and raw materials thereof, as
defined under pertinent laws.

Q: Who may be given authority by the

COMELEC to bear, carry, or transport deadly
weapons?

A: Same as those who may be given authority

by COMELEC in gun ban exemption.
Raul B. Escalante v. People, et al., G.R. No. 192727,
January 9, 2013

 Finding the petitioner guilty of the offense of

violation of election gun ban, the RTC imposed upon
him the straight penalty of one (1) year
imprisonment.

 The trial court erred in imposing a straight penalty.

The ISLAW must be applied.

 Applying the Indeterminate Sentence Law, the

imposable penalty for violation of the election gun
ban should have a maximum period, which shall not
exceed six (6) years, and a minimum period which
shall not be less than one (1) year.
Q: What is election campaign?

A: The term "election campaign" or "partisan political

activity" refers to an act designed to promote the
election or defeat of a particular candidate or
candidates to a public office which includes:

 Forming organizations, associations, clubs,

committees or other groups of persons for the
purpose of soliciting votes and/or undertaking any
campaign for or against a candidate;

 Holding political caucuses, conferences, meetings,

rallies, parades, or other similar assemblies, for the
purpose of soliciting votes and/or undertaking any
campaign or propaganda for or against a candidate;
 Making speeches, announcements or
commentaries, or holding interviews for or
against the election of any candidate for
public office;

 Publishingor distributing campaign literature

or materials designed to support or oppose
the election of any candidate; or

 Directlyor indirectly soliciting votes, pledges

or support for or against a candidate.
(Section 79(b), OEC)
 Creating on any social media platform, user
groups or community pages, for the purpose
of conducting campaigns or related partisan
political activity [COMELEC Resolution No.
10488, January 30, 2019]
Q: What is the campaign period for
candidates for Senator and party-list groups
participating in the party-list system of
representation?

A: February 12, 2019 to May 11, 2019 (Section

5 (a) RA no. 7166 and Section 4, RA No. 7941).
Q: What about for candidates for Member of
the House of Representatives, provincial,
city and municipal officials?

A: March 29, 2019 to May 11, 2019 (Section 5

(b), RA No. 7166).
Q: When does campaigning become a
prohibited act?

A: When a candidate engages in election

campaign or partisan political activity on the
dates specified by the COMELEC when
campaigning is prohibited.
Dates where campaigning is prohibited:

 onApril 18, 2019 (Holy Thursday)

 April 19, 2019 (Good Friday)
 May 12, 2019 (Sunday; election eve), and
 May 13, 2019 (Monday; election day).
 Soliciting votes or undertaking propaganda
done
1) on the day of registration;
2) on the day of election for or against
any candidate or political party within the
polling place and within the radius of
30 meters
 Penalty for unlawful electioneering –
imprisonment of not less than 1 year but not
more than 6 years, not subject to probation,
plus disqualification to hold public office and
deprivation of the right of suffrage.
Q: What case/s could be filed against those
who will engage in illegal campaign?

A: Violation of Section 5, RA No. 7166 in

relation to Section 64 of the OEC.
 Public officers and employees in the civil
service, member of the PNP, AFP, except
those holding political office are prohibited
from campaigning and engaging in any
partisan political activity except to vote or
to preserve public order. [Sec. 261 , Omnibus
Election Code]
 Personal opinions, views, and preferences for
candidates, contained in blogs and micro-
blogs shall NOT be considered as acts of
election campaigning or partisan political
activities unless expressed by government
officials in the Executive Department, the
Legislative Department, the Judiciary, the
Constitutional Commissions, and members of
the Civil Service. [COMELEC Resolution No.
10488]
Can a citizen or public officer make warrantless
arrest in connection with an offense relating to
election campaign?

 No.
 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 upon a warrant of
arrest issued by a competent judge after all the
requirements of the Constitution shall have been
strictly complied with.
What are the consequences of violating the
requirement of an arrest warrant in
connection with election campaign?

 Any officer or person who violated this

requirement shall be punished by
imprisonment of not less than six (6) years
and one (1) day nor more than twelve (12)
years, with accessory penalties for election
offenses. The provision of Sec. 267 of this
Code (on prescription) shall not apply to
prosecution under this section.
Is there such a thing as the election offense of
premature campaigning?

 No, a candidate is liable for an election offense

only for acts done during the campaign period,
not before. Any election offense that may be
committed by a candidate under any election
law cannot be committed before the start of the
campaign period. [Penera v. Comelec, G.R. No.
181613, November 25, 2009]

 This means candidates who have started tapping

television and print advertisements months
ahead of the actual campaign period and who
have gone around the country to campaign do
not violate the automated election law.
 Section 79(a) of the Omnibus Election Code
defines a candidate as any person aspiring for or
seeking an elective public office, who has filed a
certificate of candidacy.

 Any person who files his certificate of

candidacy within [the period for
filing] shall only be considered as a candidate
at the start of the campaign period for which
he filed his certificate of candidacy. [Section
15 of RA 8436, as amended by Section 13 of RA
9369]

 Consequently, unlawful acts or omissions

applicable to a candidate shall take
effect only upon the start of the aforesaid
campaign period.
Prohibition against foreign intervention

- Unlawful for any foreigner, whether a

juridical or natural person to directly or
indirectly aid any candidate, or political party,
organization or coalition, or to take part in, or
influence in any manner, any election, or to
contribute or make any expenditure in
connection with any election campaign or
partisan political activity. [COMELEC Resolution
No. 10488]
 propaganda materials which do not bear and
identify by the reasonably legible, or audible
words “political advertisement paid for”
followed by the true and correct name and
address of the candidate or party for whose
benefit the election propaganda was printed
or aired and the name of the payor
 All campaign materials donated for a
particular candidate cannot be printed,
published, or broadcast unless they are
accompanied by a written acceptance by
the said candidate or party.
 If free of charge, it shall be indicated
“printed free of charge” or “airtime for this
broadcast was provided for free”
 Unlawful to show, display or exhibit publicly
in a theater, through a TV station, a video
sharing site, social media network, or any
public forum any movie, cinematography or
documentary, including concert or any type
of performance portraying the life or
biography of a candidate, or in which a
character is portrayed by an actor or media
personality who is himself or herself a
candidate. [COMELEC Resolution No. 10488]
 Illegal to post, display, or exhibit any
election campaign or propaganda material
outside of authorized common poster
areas, in public places, or in private
properties without the consent of the
owner.
 The Comelec allows political parties and
independent candidates to put up their own
common poster areas aside from those
designated by the local election officers (EOs).

 Designated common poster areas : plazas,

markets, barangay centers

 There will be one common poster area per 5,000

registered voters or less, and an additional one
for every additional of 5,000 voters or a fraction
of it.
 The size of the common poster areas for political
parties and party-list groups shall be no bigger
than 12 feet by 16 feet; while independent
candidates may put up 4 feet by 6 feet.
 Is it unlawful to post, display or exhibit any
election campaign or propaganda materials
in public utility vehicles such as buses,
jeepneys, trains, taxi cabs, ferries, pedicabs
and tricycles, whether motorized or not; and
within the premises of public transport
terminals, such as bus terminals, airports,
seaports, docks, piers, train stations, and the
like?
 NO.
 The prohibition does not only run afoul of the
free speech clause, but also of the equal
protection clause.
 If owners of private vehicles and other
properties are allowed to express their political
ideas and opinion by posting election campaign
materials on their properties, there is no cogent
reason to deny the same preferred right to
owners of PUVs and transport terminals. In
terms of ownership, the distinction between
owners of PUVs and transport terminals and
owners of private vehicles and properties is
merely superficial. Superficial differences do
not make for a valid classification.
 The fact that PUVs and transport terminals are
made available for use by the public is likewise
not substantial justification to set them apart
from private vehicles and other properties.
 Admittedly, any election campaign material that
would be posted on PUVs and transport terminals
would be seen by many people. However,
election campaign materials posted on private
vehicles and other places frequented by the
public, e.g., commercial establishments, would
also be seen by many people. Thus, there is no
reason to single out owners of PUVs and
transport terminals in the prohibition against
posting of election campaign materials. [1 UTAK
v. COMELEC, G.R. No. 206020, April 14, 2015]
 Candidates and registered political parties
for a national elective position are allowed:

 not more than a total of 120 minutes of

television advertising, on a per station
basis, and

 180 minutes of radio advertising, on a per

station basis, whether airing on national,
regional, or local radio, whether by purchase
or donation.
As for candidates and registered political
parties for a local elective position, they are
allowed:

 not more than a total of 60 minutes of

television advertising, on a per station basis
and
 90 minutes of radio advertising, on a per
station basis, whether airing on national,
regional, or local radio, whether by purchase
or donation
 Broadsheet – not more than ¼ page of
advertising
 Tabloid – not more than ½ page
 Pamphlets, cards, stickers – 8 ½ x 14 inches
Campaigning on social media

 It is allowed. It includes:

a) creating social media platform, user

groups;
b) blogs, memes;
c) social media posts, whether original or
re-posted from source which may either
be incidental to the poster’s advocacies
of social issues or endorsement of
candidates. [COMELEC Resolution No.
10488, January 30, 2019]
 For internet, mobile and social media
propaganda, each registered political party
or candidate shall register with the
Education and Information Department of
COMELEC the website name and web address
of the official blog and/or social media page
of such political party or candidates.
[COMELEC Resolution No. 10488]
 Violations constitute an election offense,
which carries the penalty of 1 to 6 years
imprisonment, removal of right to vote, and
disqualification from holding public office.
Vote-buying

Any person who

 gives
 offers or
 promises

a) money or anything of value, any office or

employment, franchise or grant, public or
private, or
b) To make an expenditure, directly or
indirectly, or
c) To cause an expenditure to be made to
any person, association, corporation,
entity, or community

 inorder 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.
Vote selling

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, in exchange of votes.
 Who are liable for the offense of Vote-
Buying and Vote-Selling?

 giver,
 offeror,
 promisor,
 solicitor,
 acceptor,
 recipient and
 conspirator

shall be liable as principals.

Grant of immunity from prosecution

 Any person, otherwise guilty who voluntary

gives information and willingly testifies on
any violation thereof in any official
investigation or proceeding shall be exempt
from prosecution and punishment from 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.
What is the procedure for the investigation of
Vote-Buying and Vote-Selling?

 A complaint for vote-buying and vote-selling

must be presented.

 The complaint must be accompanied by

affidavits of complaining witnesses attesting to
the offer or promise by or of the voter’s
acceptance of money or other consideration
from the relatives, leaders or sympathizers of a
candidate.

 The COMELEC will then immediately conduct an

investigation, directly or through its duly
authorized legal officers.
When is there a disputable presumption of
conspiracy in Vote‐Buying and Vote‐Selling?

 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.

 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.
 Giving,accepting free transportation, food
and drinks or things of value on the eve and
on election day are prohibited. (Section 89,
Omnibus Election Code)
1. Transfer of Officers and Employees in the
Civil Service including public school
teachers

Period covered : January 13, 2019 to

June 12, 2019
Exemption: With prior authority from
COMELEC
2. Appointment of new employees, creation
of new position, promotion, and salary
increases
 Period covered: March 29, 2019 to May 12,
2019
 Exemption: with prior authority from
Comelec
 Note: Promotion or any increase of salary,
remuneration or privilege. - No exemption
 So, any violation of the above prohibited acts
would constitute an election offense.
LIQUOR BAN

Selling, furnishing, offering, buying, serving or

taking intoxicating liquor are prohibited on the
day before the election or on election day

Exemptions:

 Hotels and other establishments duly certified by

the Department 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 COMELEC.

 Foreign tourists taking intoxicating liquor in said

authorized hotels or establishments are
exempted.
Double registration of a voter

A registered voter registering anew without

filing an application for cancellation of his
previous registration is guilty of an election
offense.

 The first registration of any voter subsists

but any subsequent registration thereto is
void ab initio. The mere act of requesting for
cancellation is insufficient, the COMELEC
must first act on the request for
cancellation.
 Tampering of votes perpetrated in large scale
(Dagdag-Bawas)

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 or 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 figure / 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.

Penalty for electoral sabotage: life

imprisonment
[Section 42, RA 9369, The Automated Election
System]
 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, shall be guilty of an
election offense.
Prohibited acts on voting

 Any person who votes more than once in the

same election, or

 Any person who, not being a registered voter,

votes in an election.

 Any person who votes in substitution for another

whether with or without the latter's knowledge
and/or consent.
 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.
 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. (Sec. 261, OEC)
Unlawful entry in polling places

It is unlawful for members of the AFP, PNP,

barangay council and other peace officers
to enter any polling place and stay within
50 meter radius except:
1) to vote but must immediately leave
after;
2) there is actual disturbance of peace and
order;
3) the BEI requests in writing for
protection of election documents
Unlawful to arrest or interfere a voter
including:

1) Detaining without lawful cause;

2) Preventing a voter from going to the polling
place or going home after the casting of his
vote; and
3) Compelling the voter to reveal how he
voted.
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, such

refusal shall constitute a ground for cancellation
or revocation of certificate of public
convenience or franchise.
 Useof government vehicles, facilities and
public funds for an election campaign is
prohibited under Section 261 (o) of the
Omnibus Election Code
The following shall be penalized as provided in
the Automated Election System (AES), 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. [Section 35, Automated
Election System]
Penalty

- imprisonment of 8 years and 1 day to 12

years, without possibility of parole, perpetual
disqualification to hold public office (even
non-elective) and deprivation of the right of
suffrage.
THANK YOU