Info
Boundary Delimitation
BD001
Delimitation of constituencies
Question: Are constituencies delimited for election purposes?
Answer:
a . Yes
Comments: The House of Representatives shall be composed of not more than two hundred and fifty members, unless otherwise fixed by law, who shall be elected from legislative districts apportioned among the provinces, cities, and the Metropolitan Manila area in accordance with the number of their respective inhabitants, and on the basis of a uniform and progressive ratio, and those who, as provided by law, shall be elected through a party-list system of registered national, regional, and sectoral parties or organizations.
Source: Constitution, Art. VI, Sec. 5 (1):
http://www.gov.ph/the-philippine-constitutions/the-1987-constitution-of-the-republic-of-the-philippines/the-1987-constitution-of-the-republic-of-the-philippines-article-vi/ (2013)
http://www.asianlii.org/ph/legis/const/1987/7.html (2019)
Verified: 2019/04/24
BD003
Criteria for drawing boundaries
Question: On what criteria are the boundaries drawn?
Answer(s):
a . "Equality" of population c . Compactness of constituencies d . Conformity with local jurisdiction boundaries
Comments: A uniform and progressive ratio of population must be ensured in drawing constituency boundaries.
Each legislative district shall comprise, as far as practicable, contiguous, compact, and adjacent territory. Each city with a population of at least two hundred fifty thousand, or each province, shall have at least one representative
Source: Constitution, Art. VI, Sec. 5 (1, 3):
http://www.gov.ph/the-philippine-constitutions/the-1987-constitution-of-the-republic-of-the-philippines/the-1987-constitution-of-the-republic-of-the-philippines-article-vi/ (2013)
http://www.asianlii.org/ph/legis/const/1987/7.html (2019)
Verified: 2019/04/24
BD005
Body responsible for drawing boundaries
Question: The body responsible for drawing the boundaries is:
Answer(s):
a . Legislature (1st chamber) b . Legislature (2nd chamber)
Comments: Within three years following the return of every census, the Congress shall make a reapportionment of legislative districts based on the standards provided in this section.
Source: Constitution, Art. VI, Sec. 5 (4):
http://www.gov.ph/the-philippine-constitutions/the-1987-constitution-of-the-republic-of-the-philippines/the-1987-constitution-of-the-republic-of-the-philippines-article-vi/ (2013)
http://www.asianlii.org/ph/legis/const/1987/7.html (2019)
Verified: 2019/04/24
Electoral Systems
ES001
Head of State
Question: How is the Head of State selected?
Answer(s):
a . Head of State is the Head of Government b . Directly elected in general elections (simple majority)
Comments: The executive power is vested in the President. The President is elected together with the Vice-President by direct vote of the people for a term of six years. The person having the highest number of votes shall be proclaimed elected, but in case two or more shall have an equal and highest number of votes, one of them shall forthwith be chosen by the vote of a majority of all the Members of both Houses of the Congress, voting separately.
Source: Constitution, Art. VII, Sec. 1, 4:
http://www.gov.ph/constitutions/1987-constitution/#article-vii(2016)
http://www.asianlii.org/ph/legis/const/1987/8.html (2019)
Verified: 2019/04/24
ES002
Head of Government
Question: How is the Head of Government selected?
Answer:
a . Directly elected in general elections (simple majority)
Comments: The executive power is vested in the President. The President is elected together with the Vice-President by direct vote of the people for a term of six years. The person having the highest number of votes shall be proclaimed elected, but in case two or more shall have an equal and highest number of votes, one of them shall forthwith be chosen by the vote of a majority of all the Members of both Houses of the Congress, voting separately.
Source: Constitution, Art. VII, Sec. 1, 4:
http://www.gov.ph/constitutions/1987-constitution/#article-vii(2016)
http://www.asianlii.org/ph/legis/const/1987/8.html (2019)
Verified: 2019/04/24
ES003
President
Question: Does the country have a president?
Answer:
a . Yes
Comments:
Source: Constitution, Art. VII:
http://www.gov.ph/constitutions/1987-constitution/#article-vii (2016)
http://www.asianlii.org/ph/legis/const/1987/8.html (2016)
Verified: 2019/04/24
ES004
Number of Chambers
Question: The national legislature consists of (one/two chambers):
Answer:
b . Two chambers
Comments: The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum.
Source: Constitution, Art. VI, Sec. 1:
http://www.gov.ph/constitutions/1987-constitution/#article-vi (2016)
http://www.asianlii.org/ph/legis/const/1987/7.html (2019)
Verified: 2019/04/24
ES005
Electoral System (Chamber 1)
Question: What is the electoral system for Chamber 1 of the national legislature?
Answer(s):
e . Parallel (Segmented) (PR Lists and Majoritarian constituencies)
Comments: The House of Representatives shall be composed of not more than two hundred and fifty members, unless otherwise fixed by law, who shall be elected from legislative districts apportioned among the provinces, cities, and the Metropolitan Manila area in accordance with the number of their respective inhabitants, and on the basis of a uniform and progressive ratio, and those who, as provided by law, shall be elected through a party-list system of registered national, regional, and sectoral parties or organizations.
The party-list representatives shall constitute twenty per centum of the total number of representatives including those under the party list. For three consecutive terms after the ratification of this Constitution, one-half of the seats allocated to party-list representatives shall be filled, as provided by law, by selection or election from the labor, peasant, urban poor, indigenous cultural communities, women, youth, and such other sectors as may be provided by law, except the religious sector.
Source: Constitution, Art. VI, Sec. 5 (1, 2):
http://www.gov.ph/constitutions/1987-constitution/#article-vi (2016)
http://www.asianlii.org/ph/legis/const/1987/7.html (2019)
Verified: 2019/04/24
Legislative Framework
LF001
Status of Electoral Law
Question: What is the status of the electoral law governing national elections?
Answer(s):
a . Part of Constitution b . Separate legislation d . Regulations or administrative rules
Comments: The Constitution establishes the structure of the executive and legislative branches. Art. VI, Sec. 2 establishes the framework for the electoral system used to elect the Senate, and Sec. 5 establishes the framework for the electoral system used to elect the House of Representatives, including principles for legislative boundary delimitation.
Source: Constitution, Art. VI, Sec. 2, 5: http://www.comelec.gov.ph/?r=References/RelatedLaws/Constitution/1987Constitution (2019);
The Omnibus Election Code ("Batas Pambansa Blg. 881, s. 1985"): http://www.comelec.gov.ph/?r=References/RelatedLaws/OmnibusElectionCode (2019);
The Voter's Registration Act No. 8189 of 1996: http://www.comelec.gov.ph/?r=VoterRegistration/RelatedLaws/RA8189 (2019);
An Act Providing For Mandatory Biometrics Voter Registration (Republic Act No. 10367): http://www.comelec.gov.ph/?r=VoterRegistration/RelatedLaws/RA10367 (2019)
The Fair Elections Act No. 9006 of 2001: http://www.comelec.gov.ph/?r=References/RelatedLaws/ElectionLaws/OtherElectionLaws/RA9006(2019)
COMELEC Official Website: http://www.comelec.gov.ph/?r=References/RelatedLaws (2019)
Verified: 2019/05/02
LF003
Electoral Law covers
Question: The national electoral law covers:
Answer(s):
a . National elections b . Regional elections c . Local elections d . Referendums
Comments:
Source: The Omnibus Election Code ("Batas Pambansa Blg. 881, s. 1985"): http://www.comelec.gov.ph/?r=References/RelatedLaws/OmnibusElectionCode(2019)
Verified: 2019/05/02
LF004
Compulsory/voluntary voting
Question: Is voting on the national level voluntary or compulsory?
Answer(s):
b . Voting is compulsory and regulated in the electoral law
Comments: The Electoral Code specifies that it shall be the obligation of every citizen qualified to vote to register and cast his vote.
Source: The Omnibus Election Code ("Batas Pambansa Blg. 881, s. 1985"), Article 1, Sec. 4:http://www.comelec.gov.ph/?r=References/RelatedLaws/OmnibusElectionCode/OECArt1 (2019)
Verified: 2019/05/02
LF007
Electoral Disputes Agency(ies)
Question: What are the agency(ies) responsible for the first level of formal electoral disputes?
Answer(s):
b . EMB c . Specially Appointed/Elected Electoral Tribunal
Comments: - Exercise exclusive original jurisdiction over all contests relating to the elections, returns, and qualifications of all elective regional, provincial, and city officials, and appellate jurisdiction over all contests involving elective municipal officials decided by trial courts of general jurisdiction, or involving elective barangay officials decided by trial courts of limited jurisdiction.
Decisions, final orders, or rulings of the Commission on election contests involving elective municipal and barangay offices shall be final, executory, and not appealable.
- The Senate and the House of Representatives shall each have an Electoral Tribunal, which shall be the sole judge of all contests relating to the election, returns, and qualifications of their respective Members. Each Electoral Tribunal shall be composed of nine Members, three of whom shall be Justices of the Supreme Court to be designated by the Chief Justice, and the remaining six shall be Members of the Senate or the House of Representatives, as the case may be, who shall be chosen on the basis of proportional representation from the political parties and the parties or organizations registered under the party-list system represented therein. The senior Justice in the Electoral Tribunal shall be its Chairman.
Source: Constitution, Art. IX, Sec. C-2; Art. VI, Sec. 17: http://www.comelec.gov.ph/?r=References/RelatedLaws/Constitution/1987Constitution(2019)
Verified: 2019/05/02
Electoral Management
EM002
Responsibility of national EMB
Question: Does the national electoral body have the responsibility for elections at:
Answer(s):
a . National level b . Regional level c . Local level d . Other kinds of elections (church, union, etc.) Please specify.
Comments: The Commission on Elections shall enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall.
Source: Constitution, Art. IΧ, Sec. C-2 (1): http://www.comelec.gov.ph/?r=References/RelatedLaws/Constitution/1987Constitution/Article9(2019)
Verified: 2019/05/02
EM004
EMB budget determined by
Question: The budget of the national electoral management body is determined by:
Answer(s):
d . A national government department
Comments: The Department of Budget and Management, an executive body under the President, determines the budget of the Electoral Commission. While the President proposes the budget and Congress cannot change the aggregate expenditure ceiling, it does have the power to decrease or reallocate funds. The National Expenditures Program releases information on the expenditures of each government department annually in its reports.
Source: OECD Journal on Budgeting - Volume 2010/2: https://www.oecd.org/countries/philippines/48170279.pdf (2016)
Department of Budget and Management of the Philippines, National Expenditures Program. https://www.dbm.gov.ph/index.php/dbm-publications/national-expenditure-program(2019)
Verified: 2019/05/02
EM005
EMB expenditures controlled by
Question: The expenditures of the national electoral management body are controlled by:
Answer(s):
a . The President c . The legislature d . A national government department g . Other
Comments: The Commission on Elections has fiscal autonomy, however its total budget is controlled by the Department of Budget and Management with approval of Congress.
Source: OECD Journal on Budgeting - Volume 2010/2: https://www.oecd.org/countries/philippines/48170279.pdf (2016)
Department of Budget and Management of the Philippines, National Expenditures Program. https://www.dbm.gov.ph/index.php/dbm-publications/national-expenditure-program (2019)
Verified: 2019/05/02
EM006
Term of EMB members
Question: The term of the members of the national electoral management body is:
Answer:
b . For a specified number of years
Comments: The Chairman and the Commissioners shall be appointed for a term of seven years without reappointment.
Source: Constitution, Art. IΧ, Sec. C-1(2): http://www.comelec.gov.ph/?r=References/RelatedLaws/Constitution/1987Constitution/Article9 (2019)
Verified: 2019/05/02
EM012
Electoral Management model
Question: What is the Electoral Management model?
Answer:
b . Independent
Comments: The Constitutional Commissions, which shall be independent, are the Civil Service Commission, the Commission on Elections, and the Commission on Audit.
Source: Constitution, Art. IΧ, Sec. A-1: http://www.comelec.gov.ph/?r=References/RelatedLaws/Constitution/1987Constitution/Article9 (2019)
Verified: 2019/05/02
EM013
Number of EMB members
Question: The EMB is composed of:
Answer:
a . 1 - 10 members (specify)
Comments: There shall be a Commission on Elections composed of a Chairman and six Commissioners.
Source: Constitution, Art. IΧ, Sec. C-1 (1): http://www.comelec.gov.ph/?r=References/RelatedLaws/Constitution/1987Constitution/Article9 (2016)
Verified: 2019/05/02
EM014
Membership based on
Question: The EMB members/commissioners are selected on the basis of their:
Answer:
b . Expertise
Comments: There shall be a Commission on Elections composed of a Chairman and six Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, holders of a college degree, and must not have been candidates for any elective positions in the immediately preceding elections. However, a majority thereof, including the Chairman, shall be members of the Philippine Bar who have been engaged in the practice of law for at least ten years.
Source: Constitution, Art. IΧ, Sec. C-1 (1): http://www.comelec.gov.ph/?r=References/RelatedLaws/Constitution/1987Constitution/Article9 (2016)
Verified: 2019/05/02
EM015
Question: The EMB members/commissioners are selected by:
Answer(s):
a . Head of State b . Head of Government i . Other
Comments: The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments.
Source: Constitution, Art. IΧ, Sec. C-1 (2): http://www.comelec.gov.ph/?r=References/RelatedLaws/Constitution/1987Constitution/Article9 (2016)
Verified: 2019/05/02
Voter Education
VE001
Information campaigns performed by
Question: Who conducts information campaigns for national elections (informing where, when and how to register and/or vote)?
Answer(s):
a . National Electoral Management Body i . Media
Comments: The Commission on Elections shall carry out a continuing and systematic campaign through newspapers of general circulation, radios and other media forms to educate the public and fully inform the electorate about election laws, procedures, decisions, and other matters relative to the work and duties of the Commission and the necessity of clean, free, orderly and honest electoral processes.
Source: The Omnibus Election Code ("Batas Pambansa Blg. 881, s. 1985"), Sec. 52 (j): http://www.gov.ph/1985/12/03/batas-pambansa-blg-881-s-1985/ (2016)
"Media Engagement in the Philippines," (NDI): https://www.ndi.org/e-voting-guide/examples/media-engagement-in-the-philippines
Verified: 2016/05/10
VE002
Frequency of voter education programs
Question: At the national level, how often are voter education programs conducted?
Answer:
a . Continuously
Comments: Information regarding elections is disseminated on the electoral commission's website for use by the general public.
Source: The Omnibus Election Code ("Batas Pambansa Blg. 881, s. 1985"), Sec. 52 (j): http://www.gov.ph/1985/12/03/batas-pambansa-blg-881-s-1985/ (2016);
Official Website of the Commission on Elections: http://www.comelec.gov.ph (2013)
Verified: 2016/05/10
VE003
National civic education
Question: Is there a national civic education campaign (rights and responsibilities of citizens)?
Answer(s):
e . Yes, conducted by the Government h . Yes, conducted by NGOs/ Civic Organizations
Comments:
Source: Philippine Center for Civic Education and Democracy: http://www.pcced.org.ph/about-us/ (2016)
Makabayan Curriculum for Secondary Schools in the Philippines: The Development of Citizenship (Mendoza and Nakayama, 2003): http://link.springer.com/article/10.1023%2FA%3A1024459602954#page-2 (2016)
Verified: 2016/05/10
Voter Registration
VR001
Voting age
Question: What is the legal voting age in the national elections?
Answer:
c . 18
Comments: 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.
Source: Constitution, Art. V, Sec. 1: http://www.gov.ph/constitutions/1987-constitution/#article-v (2016);
The Omnibus Election Code ("Batas Pambansa Blg. 881, s. 1985"), Sec. 117: http://www.comelec.gov.ph/?r=References/RelatedLaws/OmnibusElectionCode/OECArt12 (2016)
Verified: 2016/05/11
VR002
Other voting requirements
Question: Beyond age, what other qualifications exist for registering to vote and voting in the national elections?
Answer(s):
a . Citizenship b . Period of Residence
Comments: Constitution, Art. V, Sec. 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.
The Omnibus Election Code, Sec. 117: ...Any person who transfers residence to another city, municipality or country solely by reason of his occupation; profession; employment in private or public service; educational activities; work in military or naval reservations; service in the army, navy or air force; the constabulary or national police force; or confinement or detention in government institutions in accordance with law, shall be deemed not to have lost his original residence.
Source: Constitution, Art. V, Sec. 1: http://www.gov.ph/constitutions/1987-constitution/#article-v (2016);
The Omnibus Election Code ("Batas Pambansa Blg. 881, s. 1985"), Sec. 117: http://www.comelec.gov.ph/?r=References/RelatedLaws/OmnibusElectionCode/OECArt12 (2016)
Verified: 2016/05/11
VR004
Authority responsible for voter registration
Question: Which is the authority responsible for the registration of voters for national elections?
Answer:
d . Election Management Body (specify)
Comments:
Source: The Omnibus Election Code ("Batas Pambansa Blg. 881, s. 1985"), Sec. 113: http://www.comelec.gov.ph/?r=References/RelatedLaws/OmnibusElectionCode/OECArt12 (2016);
The Voters' Registration Act No. 8189 of 1996, Sec. 10: http://www.comelec.gov.ph/?r=VoterRegistration/RelatedLaws/RA8189 (2016)
Act No. 10367 of 2013 providing for mandatory biometrics voter registration, Sec. 4: http://www.comelec.gov.ph/?r=VoterRegistration/RelatedLaws/RA10367 (2016);
Verified: 2016/05/11
VR008
Is it compulsory to be on the voters register?
Question: Is it compulsory to be on the voters register?
Answer:
a . Yes
Comments: In order that a qualified elector may vote in any election, plebiscite or referendum, he/she must be registered in the permanent list of voters for the city or municipality in which he resides.
Voters must also submit themselves for validation as part of the biometric voter registration process in order to be registered.
Source: The Omnibus Election Code ("Batas Pambansa Blg. 881, s. 1985"), Sec. 4, 115: http://www.comelec.gov.ph/?r=References/RelatedLaws/OmnibusElectionCode (2016);
Act No. 10367 of 2013 providing for mandatory biometrics voter registration: http://www.comelec.gov.ph/?r=VoterRegistration/RelatedLaws/RA10367 (2016)
Verified: 2016/05/11
Parties and Candidates
PC001
Registration requirements for parties (Chamber 1)
Question: What are the registration requirements for political parties running for national elections (Chamber 1)?
Answer(s):
e . Minimum number of candidates f . Other
Comments: According to the Election Code: "Any organized group of persons seeking registration as a national or regional political party may file with the Commission a verified petition attaching thereto its constitution and by-laws, platform or program of government and such other relevant information as may be required by the Commission....No religious sect shall be registered as a political party and no political party which seeks to achieve its goal through violence shall be entitled to accreditation."
In order to obtain representation in the party-list system: "Each registered party, organization or coalition shall submit to the COMELEC not later than forty-four (45) days before the election a list of names, not less than five (5) from which party-list representatives shall be chosen in case it obtains the required number of votes."
Source: The Omnibus Election Code ("Batas Pambansa Blg. 881, s. 1985"), Art. VIII, Sec. 61: http://www.comelec.gov.ph/?r=References/RelatedLaws/OmnibusElectionCode/OECArt8 (2016);
The Party-List System Act No. 7941 of 1995, Sec. 8: http://www.comelec.gov.ph/?r=References/RelatedLaws/ElectionLaws/RA7941 (2016)
Verified: 2016/05/11
PC003
Registration requirements for candidates (Chamber 1)
Question: What are the legal qualifications to become a candidate at legislative elections (Chamber 1)?
Answer(s):
a . Age b . Citizenship c . Country of birth d . Residence f . Registration i . Minimum level of literacy
Comments: No person shall be a Member of the House of Representatives unless he is a natural-born citizen of the Philippines and, on the day of the election, is at least twenty-five years of age, able to read and write, and, except the party-list representatives, a registered voter in the district in which he shall be elected, and a resident thereof for a period of not less than one year immediately preceding the day of the election.
Source: Constitution, Art. VI, Sec. 6: http://www.gov.ph/constitutions/1987-constitution/ (2016);
The Omnibus Election Code ("Batas Pambansa Blg. 881, s. 1985"), Sec. 64: http://www.comelec.gov.ph/?r=References/RelatedLaws/OmnibusElectionCode/OECArt9 (2016);
The Party-List System Act No. 7941 of 1995, art. 9: http://www.comelec.gov.ph/?r=laws/RepublicActs/RA7941 (2013)
Verified: 2016/05/11
PC008
Independent candidates
Question: Can independent candidates compete in presidential or legislative elections?
Answer(s):
e . In both presidential and legislative elections
Comments: The Election Code contains no party affiliation requirements for candidate eligibility.
Source: The Omnibus Election Code ("Batas Pambansa Blg. 881, s. 1985"), Art. IX: http://www.comelec.gov.ph/?r=References/RelatedLaws/OmnibusElectionCode/OECArt9 (2016);
Final Report of the International Elections Observation Mission, The Asian Network for Free Elections ‐ ANFREL Foundation: http://newmediaauthority.com/anfrel/wp-content/uploads/2012/02/2010-Philippines.pdf (2016)
Verified: 2016/05/11
PC012
Public funding of parties
Question: Do political parties receive direct/indirect public funding?
Answer(s):
a . No
Comments:
Source:
Verified: 2016/05/11
PC015
Question: What is the basis of the public funding?
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2016/05/11
PC017
Question: Are political parties entitled to private funding?
Answer:
a . Yes
Comments: Private funding is allowed, though there are many exceptions. See Omnibus Election Code (Art. XI, Sec. 95).
Source: Omnibus Election Code, Art. XI, Sec. 95: http://www.comelec.gov.ph/?r=References/RelatedLaws/OmnibusElectionCode/OECArt11 (2016)
COMELEC Rules and Regulations Governing Campaign Finance and Disclosure in Connection with the 09 May 2016 National and Local Elections and All Subsequent National and Local Elections Thereafter: http://www.comelec.gov.ph/?r=CampaignFinance/OmnibusRulesonCampaignFinance (2016)
Verified: 2016/05/11
Vote Counting
VC004
Votes are sorted/counted at
Question: Following the close of the voting, where are the votes first sorted and counted?
Answer:
a . The polling stations
Comments: As soon as the voting is finished, the board of election inspectors shall publicly count in the polling place the votes cast and ascertain the results. The board of election inspectors shall not adjourn or postpone or delay the count until it has been fully completed, unless otherwise ordered by the Commission.
The Commission, in the interest of free, orderly, and honest elections, may order the board of election inspectors to count the votes and to accomplish the election returns and other forms prescribed under this Code in any other place within a public building in the same municipality or city: Provided, That the said public building shall not be located within the perimeter of or inside a military or police camp or reservation nor inside a prison compound.
Source: The Omnibus Election Code ("Batas Pambansa Blg. 881, s. 1985"), Art. XVIII, Sec. 206: http://www.comelec.gov.ph/?r=References/RelatedLaws/OmnibusElectionCode/OECArt18 (2016)
Verified: 2016/05/12
VC011
When are ballots recounted?
Question: Under what conditions are ballots recounted?
Answer(s):
c . Automatically (triggered) recounted under certain conditions e . Court order
Comments: Omnibus Election Code:
Sec. 210: "...After finishing the first pile of ballots, the board of election inspectors shall determine the total number of votes recorded for each candidate, the sum being noted on the tally board or sheet and on the election returns. In case of discrepancy such recount as may be necessary shall be made. The ballots shall then be grouped together again as before the reading. Thereafter, the same procedure shall be followed with the second pile of ballots and so on successively."
Sec. 255: "Where allegations in a protest or counter-protest so warrant, or whenever in the opinion of the court the interests of justice so require, it shall immediately order the book of voters, ballot boxes and their keys, ballots and other documents used in the election be brought before it and that the ballots be examined and the votes recounted."
Other cases in which ballots will be recounted could include: material defects in the election returns (Sec. 234), when election returns appear to be tampered with or falsified (Sec. 235), and discrepancies in election returns (Sec. 236).
Source: The Omnibus Election Code ("Batas Pambansa Blg. 881, s. 1985"), sections 210, 234-236, 255: http://www.comelec.gov.ph/?r=References/RelatedLaws/OmnibusElectionCode (2016)
Verified: 2016/05/12
Media and Elections
ME037
Criteria for allocating free broadcast time
Question: What are the criteria for allocating free broadcast time and/or free printed advertisement space to political parties?
Answer(s):
a . Equal regardless of size of party and previous performance
Comments: The Commission shall promulgate rules and regulations regarding the sale of air time for partisan political purposes during the campaign period to insure that equal time as to duration and quality is available to all candidates for the same office or political parties at the same rates or given free of charge.
These rules are promulgated in COMELEC Resolution No. 9615.
Source: The Omnibus Election Code ("Batas Pambansa Blg. 881, s. 1985"), Sec. 86: http://www.comelec.gov.ph/?r=References/RelatedLaws/OmnibusElectionCode/OECArt10 (2016);
COMELEC Resolution No. 9615 implementing the Fair Election Act in connection to the general elections of May 2013: https://comelec.files.wordpress.com/2013/01/com_res_9615.pdf (2016)
Verified: 2016/05/12
ME059
Television debates
Question: Are televised debates between candidates or party representatives normally conducted?
Answer(s):
a . Yes, in presidential elections b . Yes, in legislative elections
Comments:
Source: Republic Act No. 9006, Sec. 7.3: http://www.comelec.gov.ph/?r=References/RelatedLaws/ElectionLaws/OtherElectionLaws/RA9006 (2016)
Verified: 2016/05/12
ME062
Blackout period for release of opinion poll results.
Question: What is the blackout period, if any, during which results of pre-election opinion polls may not be released to the public?
Answer:
h . Not applicable
Comments: The provision according to which surveys affecting national candidates shall not be published fifteen (15) days before an election and surveys affecting local candidates shall not be published seven (7) days before an election has been ruled unconstitutional by the Supreme Court.
Source: The Fair Elections Act No. 9006 of 2001, Sec. 5.4: http://www.comelec.gov.ph/?r=References/RelatedLaws/ElectionLaws/OtherElectionLaws/RA9006 (2016)
Provision ruled unconstitutional in SWS v. Comelec, G.R. No. 147571 (May 5, 2001): http://sc.judiciary.gov.ph/jurisprudence/2001/may2001/147571.htm (2016)
Verified: 2016/05/12
ME080
Question: Is there a maximum amount that a political party is permitted to spend on paid advertising during a campaign period?
Answer:
b . No
Comments: The law does not contain any provisions specifically focused on paid advertising expenses. There are limits to the amount a party can spend, which is calculated by the number of voters in each constituency.
Source: The Omnibus Election Code ("Batas Pambansa Blg. 881, s. 1985"), Sec. 100, 101: http://www.comelec.gov.ph/?r=References/RelatedLaws/OmnibusElectionCode/OECArt11 (2016)
Verified: 2016/05/12
Direct Democracy
DD002
Direct Democracy Provisions (National Level)
Question: Are there any Legal Provisions for Direct Democracy Procedures at the national level?
Answer:
a . Yes
Comments:
Source: Constitution, Art. VI, Sec. 32; Art. XVI, Sec. 2; Art. XVII, Sec. 2, 3, 4; Art. XVII, Sec. 25: http://www.gov.ph/constitutions/1987-constitution/ (2016)
Republic Act No. 6735 "The Initiative and Referendum Act": http://www.comelec.gov.ph/?r=References/RelatedLaws/ElectionLaws/OtherElectionLaws/RA6735 (2016)
Verified: 2016/05/12
DD003
Mandatory referendums (national level)
Question: Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer:
a . Yes
Comments: Constitutional Provisions:
Art. XVI, Sec. 2: The Congress may, by law, adopt a new name for the country, a national anthem, or a national seal, which shall all be truly reflective and symbolic of the ideals, history, and traditions of the people. Such law shall take effect only upon its ratification by the people in a national referendum.
Art. XVII, Sec. 4: Any amendment to, or revision of, the Constitution shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days after the approval of such amendment or revision.
Art. XVIII, Sec. 25: After the expiration in 1991 of the Agreement between the Republic of the Philippines and the United States of America concerning Military Bases, foreign military bases, troops, or facilities shall not be allowed in the Philippines except under a treaty duly concurred in by the Senate and, when the Congress so requires, ratified by a majority of the votes cast by the people in a national referendum held for that purpose, and recognized as a treaty by the other contracting State.
Source: Constitution, Art. XVI, Sec. 2; Art. XVII, Sec. 4; Art. XVIII, Sec. 25: http://www.gov.ph/constitutions/1987-constitution/ (2016)
Republic Act No. 6735 "The Initiative and Referendum Act": http://www.comelec.gov.ph/?r=References/RelatedLaws/ElectionLaws/OtherElectionLaws/RA6735 (2016)
Verified: 2016/05/12
DD004
Optional referendums (national level)
Question: Are there any Legal Provisions for Optional Referendums at the national level?
Answer:
a . Yes
Comments: Constitutional Provisions:
Art. VI, Sec. 32: The Congress shall, as early as possible, provide for a system of initiative and referendum, and the exceptions therefrom, whereby the people can directly propose and enact laws or approve or reject any act or law or part thereof passed by the Congress or local legislative body after the registration of a petition therefor signed by at least ten per centum of the total number of registered voters, of which every legislative district must be represented by at least three per centum of the registered voters thereof.
Art. XVII, Sec. 3: The Congress may, by a vote of two-thirds of all its Members, call a constitutional convention, or by a majority vote of all its Members, submit to the electorate the question of calling such a convention.
Source: Constitution, Art. VI, Sec. 32; Art. XVII, Sec. 3: http://www.gov.ph/constitutions/1987-constitution/ (2016)
Republic Act No. 6735 "The Initiative and Referendum Act": http://www.comelec.gov.ph/?r=References/RelatedLaws/ElectionLaws/OtherElectionLaws/RA6735 (2016)
Verified: 2016/05/12
DD005
Citizens' Initiatives (national level)
Question: Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer:
a . Yes
Comments: Art. VI, Sec. 32: The Congress shall, as early as possible, provide for a system of initiative and referendum, and the exceptions therefrom, whereby the people can directly propose and enact laws or approve or reject any act or law or part thereof passed by the Congress or local legislative body after the registration of a petition therefor signed by at least ten per centum of the total number of registered voters, of which every legislative district must be represented by at least three per centum of the registered voters thereof.
Art. XVII, Sec. 2: Amendments to the Constitution may likewise be directly proposed by the people through initiative upon a petition of at least twelve per centum of the total number of registered voters, of which every legislative district must be represented by at least three per centum of the registered votes therein.
Source: Constitution, Art. VI, Sec. 32; Art. XVII, Sec. 2: http://www.gov.ph/constitutions/1987-constitution/ (2016)
Republic Act No. 6735 "The Initiative and Referendum Act": http://www.comelec.gov.ph/?r=References/RelatedLaws/ElectionLaws/OtherElectionLaws/RA6735 (2016)
Verified: 2016/05/12
DD006
Agenda Initiatives (national level)
Question: Are there any Legal Provisions for Agenda Initiatives at national level?
Answer:
a . Yes
Comments:
Source: Constitution, Art. VI, Sec. 32: http://www.gov.ph/constitutions/1987-constitution/ (2016)
Republic Act No. 6735 "The Initiative and Referendum Act", Sec. 3, 11: http://www.comelec.gov.ph/?r=References/RelatedLaws/ElectionLaws/OtherElectionLaws/RA6735 (2016)
Verified: 2016/05/12
DD007
Question: Are there any Legal Provisions for Recalls at national level?
Answer:
b . No
Comments:
Source: Constitution: http://www.gov.ph/constitutions/1987-constitution/(2016)
Republic Act No. 6735 "The Initiative and Referendum Act": http://www.comelec.gov.ph/?r=References/RelatedLaws/ElectionLaws/OtherElectionLaws/RA6735 (2016)
Verified: 2016/05/12
DD129
Question: Are the results of referenda always binding, never binding or sometimes binding?
Answer:
a . Always binding
Comments:
Source: Constitution, Art. VI, Sec. 32; Art. XVI, Sec. 2; Art. XVII, Sec. 2, 3, 4; Art. XVII, Sec. 25: http://www.gov.ph/constitutions/1987-constitution/ (2016)
Verified: 2016/05/12
DD130
Question: Are the types of issues to vote upon in a referendum constitutional changes only, other issues only or both constitutional and other issues?
Answer:
c . Both constitutional and other issues
Comments:
Source: Constitution, Art. VI, Sec. 32; Art. XVI, Sec. 2; Art. XVII, Sec. 2, 3, 4; Art. XVII, Sec. 25: http://www.gov.ph/constitutions/1987-constitution/ (2016)
Verified: 2016/05/12
DD131
Question: Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer:
a . Yes
Comments: Constitution, Art. X, Sec. 3: The Congress shall enact a local government code which shall provide for a more responsive and accountable local government structure instituted through a system of decentralization with effective mechanisms of recall, initiative, and referendum, allocate among the different local government units their powers, responsibilities, and resources, and provide for the qualifications, election, appointment and removal, term, salaries, powers and functions and duties of local officials, and all other matters relating to the organization and operation of the local units.
Source: Constitution, Art. X, Sec. 3: http://www.gov.ph/constitutions/1987-constitution/ (2016);
Republic Act No. 6735 "The Initiative and Referendum Act": http://www.comelec.gov.ph/?r=References/RelatedLaws/ElectionLaws/OtherElectionLaws/RA6735 (2016)
Verified: 2016/05/12
Voting Operations
VO003
Electors vote at
Question: Where can electors vote?
Answer(s):
a . At a specified polling station in the locality where they are registered at national elections d . At specially designated polling stations j . Other
Comments: Exception: absentee voters vote at a designated special polling place, embassy, consular office for some overseas absentee voters
Source: The Omnibus Election Code ("Batas Pambansa Blg. 881, s. 1985"), Art. XIII: http://www.comelec.gov.ph/?r=References/RelatedLaws/OmnibusElectionCode (2016)
Executive Order No. 157, s. 1987: http://www.gov.ph/1987/03/30/executive-order-no-157-s-1987/ (2016)
Republic Act No. 10366, An Act Authorizing the Commission on Elections to Establish Precincts Assigned to Accessible Polling Places Exclusively for Persons with Disabilities and Senior Citizens, Sec. 9: http://www.comelec.gov.ph/?r=References/RelatedLaws/ElectionLaws/PWDandSeniors/RA10366 (2016)
Verified: 2016/05/11
VO004
Voting outside the country is permitted for
Question: Who can vote from outside the country?
Answer(s):
b . Citizens residing outside the country c . Citizens outside the country (including those on vacation)
Comments: Registered as an oversea absentee voter
Source: Republic Act No. 9189, "The Overseas Absentee Voting Act of 2003," Sec. 4: http://www.comelec.gov.ph/?r=References/RelatedLaws/ElectionLaws/OAV/RA9189 (20136); AMENDED BY Republic Act No. 10590: http://www.comelec.gov.ph/?r=References/RelatedLaws/ElectionLaws/OAV/RA10590 (2016)
Verified: 2016/05/11
VO005
Locations for voting outside of the country
Question: If voting outside the country is permitted, at what places?
Answer(s):
a . Embassies b . Consulates e . By mail
Comments:
Source: The Overseas Absentee Voting Act of 2003 No. 9189, Sec. 16, 17: http://www.comelec.gov.ph/?r=References/RelatedLaws/ElectionLaws/OAV/RA9189 (2016)
Verified: 2016/05/11
VO011
Voting method
Question: How do electors cast their votes?
Answer(s):
a . Manually marking of ballots d . Electronic voting machine
Comments:
Source: The Omnibus Election Code ("Batas Pambansa Blg. 881, s. 1985"), Sec. 52 (i), 195: http://www.comelec.gov.ph/?r=References/RelatedLaws/OmnibusElectionCode (2016);
Automated Election System - Republic Act No. 8436, Republic Act No. 9369, Republic Act No. 9525: http://www.comelec.gov.ph/?r=References/RelatedLaws/ElectionLaws/AutomatedElection (2016);
Final Report of the International Elections Observation Mission, The Asian Network for Free Elections ‐ ANFREL Foundation: http://newmediaauthority.com/anfrel/wp-content/uploads/2012/02/2010-Philippines.pdf (2016)
Verified: 2016/05/11
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