TOP ELECTION

OFFENSES
 REGISTRATION OF VOTERS

ELECTION CAMPAIGN

CASTING OF VOTES

BOARD OF ELECTION INSPECTORS

AUTOMATED ELECTION SYSTEM

 REGISTRATION OF VOTERS

Unlawful inclusion of
exclusion of application
Annulment of Book of
form in the book of
Voters
voters or in the central
files of registered voters
 REGISTRATION OF VOTERS
Elements
That the offender maybe any person

Such offender
– 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

Unlawful inclusion or exclusion of

application form in the book of voters
or in the central files of registered voters
 REGISTRATION OF VOTERS
• By order of the COMELEC
• Petitioners:
• any voter or
• election officer or
• duly registered political party
• Notice and hearing
• Grounds:
• not prepared in accordance with the provisions of this Act or
• prepared through fraud, bribery, forgery, impersonation, intimidation,
force or any similar irregularity, or
• which contains data that are statistically improbable.
• Limitation:
• no order, ruling or decision annulling the book of voters shall be implemented
within 90 days before an election.

Annulment of Book of Voters

 ELECTION CAMPAIGN

Intervention of Public
Unlawful Electioneering
Officers and Employees
 ELECTION CAMPAIGN
Elements
That the offender solicits votes or undertakes any propaganda;

That the act was done on the day of registration before the board and
on the day of election for or against any candidate or any political
party; and

That the act was done within the polling place and within a radius of
30 meters thereof.

Unlawful Electioneering
BP 881, Sec. 261 (k)
 ELECTION CAMPAIGN
Elements
 The person liable maybe
• any officer or employee in the civil service except those holding
political offices; or
• any officer, employee, or member of the Armed Forces of the
Philippines, or any police force, etc.

 That the offender, 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.

Unlawful Intervention of Public

Officers and Employees
BP 881, Sec. 261 (i)
 ELECTION CAMPAIGN

PENERA vs COMELEC QUINTO vs COMELEC

G.R. No. 181613 G.R. No. 189698

A candidate is liable Appointive officials are

for an election offense deemed ipso facto
only for acts done resigned upon filing of
during the campaign certificate of
period, not before. candidacy.
 ELECTION CAMPAIGN

SURVEYS

ADVERTISEMENTS PROPAGANDA
ELECTION CAMPAIGN
1. Commissioning
person/candidate/party/org
anization;
2. Conducting person/polling
firm/survey organization;
3. Period of Conduction,
Methodology, Specific
questions asked;
4. Margin of error of the
survey;
5. Margin of error for each
question; and
6. Mailing address and
telephone number, of survey
sponsor

R.A. 9006, Sec.

5.2
 ELECTION CAMPAIGN

≤180 minutes national

≤ 90 minutes local

≤120 minutes national

≤ 60 minutes local
ELECTION CAMPAIGN

≤1/4 PAGE ≤1/2 PAGE

ELECTION CAMPAIGN

Pamphlets, leaflets,
cards, decals, stickers
or other written
materials – 8 ½ x 14
inches in length
 ELECTION CAMPAIGN

Posters made of
cloth, paper,
cardboard or any
other material,
whether framed or
posted - 2x3 feet
ELECTION CAMPAIGN
Streamers displayed at
site/public rally or
meeting - 3x8 feet
(may be displayed 5
days before rally and
removed within 24
hours
 CASTING OF VOTES

Preparation of ballot of one that is

Illegal Voting
not illiterate/disabled

Unlawful Entry
Vote Buying
in polling places

Coercion, Threats, Fraud,

Vote Selling
Intimidation. Terrorism

Undue Influence Arrest or interference of a voter

Conspiracy to Bribe Voters

 ILLEGAL VOTING
Elements
That the offender is any person;

That the offender

• votes more than once in the same election; or
• not being a registered voter, votes in an election.
 VOTE BUYING
Elements
That the offender is any person;

Such offender
• gives, offers or promises money or anything of value; or
• gives or promises any office or employment, franchise or grant, public or private;
or
• makes or offers to make an expenditure, directly or indirectly;
• cause an expenditure to be made to any person, association, corporation, entity, or
community;

The act was done in order to induce to vote for or against any candidate or withhold his
vote in the election
 VOTE SELLING
Elements
That the offender is any person, association, corporation, group or
community;

That such offender solicits or receives, directly or indirectly, any

expenditure or promise of any office or employment, public or private;
and

The act was done in consideration of voting for or against any

candidate or withholding his vote in the election.
 UNDUE INFLUENCE
TWO MODES

Making a promise,
offering or causing an Soliciting
expenditure
 UNDUE INFLUENCE
FIRST MODE
That the offender is any person;
 That the offender:
a. promises any office or employment, public or private;
or
b. makes or offers to make an expenditure, directly or
indirectly; or
c. causes an expenditure to be made;
 That the recipient of the act, promise or offer is any person,
association, corporation or entity; and
 That the act, promise or offer 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.
 UNDUE INFLUENCE
SECOND MODE:

 That the offender is any person, association, corporation or

community;

 That the offender solicits or receives, directly or

indirectly, any expenditure or promise or any office, or
employment, public or private; and

 That the act was done for any of the foregoing

considerations.

Id., Sec. 261 (j)

 CONSPIRACY TO BRIBE
VOTERS
Elements
That there are two or more persons, whether candidates or not; and

That the offenders come to an agreement and decides to commit vote-

buying or vote-selling
BALLOT PREP. OF NON-ILLITERATE/ DISABLED PERSON

TWO MODES

Allowing another to
prepare his/her ballot by
a person who is not
Preparing such person’s
illiterate or physically
ballot
disabled
 BALLOT PREP. OF NON-ILLITERATE/ DISABLED
PERSON

First mode:

That the offender is any person not being

illiterate or physically disabled; and
That the offender allows his ballot to be
prepared by another.
 BALLOT PREP. OF NON-ILLITERATE/ DISABLED
PERSON

Second mode:
 That the offender is any person; and
 That the offender prepares the ballot of
another who is not illiterate or physically
disabled, with or without the latter’s
knowledge and/or consent.

Id., Sec. 261 (z) (4)

 UNLAWFUL ENTRY OF AFP, PNP, BRGY.
OFFICIALS, PEACE OFFICERS, ETC. IN
POLLING PLACES
General Rule: Unlawful for them to enter any polling
place and stay within 50 meter radius thereof

Exceptions:
1. If he will vote but he should immediately leave the
polling place afterwards;
2. Actual disturbance of the peace and order;
3. BEI upon majority vote may make a call in writing,
duly entered in the minutes, for the detail of a
policeman or any peace officer for their protection or
for the protection of the election documents and
paraphernalia.
 UNLAWFUL ENTRY OF AFP, PNP, BRGY.
OFFICIALS, PEACE OFFICERS, ETC. IN
POLLING PLACES
The said policeman or peace officer shall stay outside
the polling place near enough to be called by the BEI
anytime, but never at the door, and in no case shall the
said policeman or peace officer hold any conversation
with any voter or disturb or prevent or in any manner
obstruct the free access of the voters to the polling
place.
4. A barangay official, whether elected or
appointed, including barangay tanods can only enter
and stay inside any polling place for the purpose of
voting.

B.P. Blg, 881, Sec. 192 in rel. Sec. 262 and

Comelec Resolution No. 8786, Sec. 29.
 THREATS, INTIMIDATION, ETC
Elements:
That the offender is any person
That the offender:
• 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; and

 Any of said act was done in order 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.
 ARREST/INTERFERENCE OF
VOTER
Elements
 That the offender is any person

 Such offender either:

• places under arrest; or
• detains a voter without lawful cause; or
• molests him

 The act was done in such a manner as to either:

• 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.
 BOARD OF ELECTION
INSPECTORS
Refusal to sign and certify election
Appointing ineligible persons
forms

Refusal to issue the

Prohibition of political activity
Certificate of Votes

Relieving or changing the

Issuance of the Certificate of Votes
assignment without authority
REFUSAL TO SIGN AND CERTIFY
Elements

That the offender is any member of any election inspectors or

board of canvassers

Such offender refuses to sign and certify any election form required by
the Omnibus Election Code or prescribed by the Commission

That the refusal was without justifiable reason

That he was present during the meeting of the said body.

Id., Sec. 261 (bb)

 PROHIBITION OF POLITICAL
ACTIVITY
Elements
 That the offender is a member of the BEI

 Such offender either:

• engages in political activity
• takes part in election except to vote

Id., Sec. 173 in rel. Sec. 262

RELIEVING/CHANGING ASSIGNMENT
Elements:
That the offender is any public official or person acting in his
behalf;

That the offender:

a. relieves any member of any board of election
inspectors or board of canvassers, or
b. changes or causes the change of the assignments of
any member of said board of election inspectors or board of
canvassers; and

That the act was done without authority of the Commission.

Id., Sec. 261 (bb) (5)
APPOINTING INELIGIBLE PERSONS

TWO MODES

1) by acceptance,
assumption to office and
service of an ineligible 2) by appointing such
person as member of BEI person
or BOC
 TWO MODES

First Mode Second Mode

That the offender is any That the offender is any

person ineligible for public officer or any person
appointment as member of any acting in his behalf;
board of election inspectors or
board of canvassers; and That the offender appoints
such ineligible person; and
That the offender accepts an
appointment to said body, That the offender has
assumes office, and actually knowledge of the appointee’s
serves as a member thereof. ineligibility.
Id. Sec. 261 (bb) (3)]
REFUSAL TO ISSUE CERTIFICATE OF
VOTES
Elements:

The offender is any member of the board of election inspectors.

That the offender refuses to issue to duly accredited watchers the

certificate of votes as provided in Section 16 hereof.

Id., Sec. 27 (c)

 ISSUANCE OF CERTIFICATE OF
VOTES
Section 16 of R.A. No. 6646 provides:

1) After the announcement of the results of the election and before leaving
the polling place, it shall be the duty of the board of election inspectors to
issue a certificate of the number of the votes received by a candidate
upon request of the watchers.

2) The certificate shall contain the number of votes obtained by each

candidate written in words and figures, the number of the precinct, the
name of the city or municipality and province, the total number of
voters who voted in the precinct, and the date and time issued.
 AUTOMATED ELECTION
SYSTEM
Punishable acts, whether or not said acts affect
the electoral process or results:
(a) Utilizing without authorization, tampering with, damaging, or stealing:

(1) Official ballots, election returns, and certificates of canvass of votes used
in the system; and
(2) Electronic devices or their components, such as counting machine and
memory pack/diskette;

(b) Interfering with, 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;
 AUTOMATED ELECTION
SYSTEM
(c) Gaining access to using, altering, destroying or disclosing any computer data,
program, system software, network, or any computer-related devices, facilities,
hardware or equipment;

(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.
R.A. No. 9369.Sec. 28
 ELECTORAL SABOTAGE
Elements:

Any person or member of the BEI or BOC who tampers, increases or

decreases the votes received by a candidate in any election or any member
of the board who refuses, after verification and hearing, to credit the
correct votes or deduct such tampered votes

If said acts are perpetrated on a large scale or in substantial numbers,

shall be guilty of electoral sabotage.
NSTANCES OF ELECTORAL SABOTAGE

1. If said acts are committed in the election of a national

elective office which is voted upon nationwide and said acts
shall adversely affect the results of the election to the said
national office to the extent that losing candidate/s is or
are made to appear the winner/s;

2. Regardless of the elective office involved, when said acts

are accomplished in a single election document or in the
transposition of figures/results from one election
document to another and what is involved are votes
exceeding five thousand (5,000), and that the same
adversely affects the results of the true elections;
NSTANCES OF ELECTORAL SABOTAGE

3. In any and all cases where the total votes exceeds

ten thousand (10 000) votes;

All persons or individuals determined to be in the

conspiracy with the members of the BEI or BOC
involved, shall be meted the same penalty of life
imprisonment.

Id,, section 43.

 PENALTIES
OMNIBUS ELECTION CODE [BP 881]
- Imprisonment of not less than 1 year but not more than 6 years
- Not subject to probation
- In addition, disqualification to hold public office and deprivation of the right of
suffrage.

SECOND AUTOMATION LAW [RA 9369]

- Imprisonment of 8 years and 1 day to 12 years
- Without possibility of parole
- Perpetual disqualification to hold public office and deprivation of the right of
suffrage.
- Perpetually disqualified to hold any non-elective public office

ELECTORAL SABOTAGE
- considered as a special election offense
- the penalty to be imposed is life imprisonment
 PRESCRIPTION

Five (5) years from the date of

commission