XII. Election Law (BP 881, as amended, and COMELEC Resolutions [CR])

Some prohibited acts:

• Vote-buying or vote-selling
• Wagering upon result of the election
• Threats, intimidate, terrorism, use of fraudulent devise, forms of coercion
• Appointment of new employee
• Except: Appointment of a new employee is allowed in case of urgent need, subject to notice to COMELEC within three days of appointment. Creation of new positions, promotions, and salary increases are separately prohibited under Section 261(g) of the Omnibus Election Code.
• Carrying a deadly weapon in a polling place or within 100 meters thereof during the days and hours specified by law for election activities under Section 261(p) of the Omnibus Election Code.
• Transfer or detail of government official or employee without COMELEC approval.

Any personnel action,  when caused or made during the election period, can be used for electioneering or to harass subordinates with different political persuasions. This possibility - of being used for electioneering purposes or to harass subordinates - created by any movement of personnel during the election period is precisely what the transfer ban seeks to prevent. (Aquino v. COMELEC, G.R. 211789-90, 2015).

The prohibition on transfer or detail covers any movement of personnel from one station to another, whether or not in the same office or agency when made or caused during the election period, and includes reassignment. (Aquino v. COMELEC, G.R. 211789-90, 2015).

Retention of duties and temporary discharge of additional duties do not contemplate or involve any movement of personnel, whether under any of the various forms of personnel action enumerated under the laws governing the civil service or otherwise. Hence, they are not covered by the legal prohibition on transfers or detail.

Updated: A conviction for carrying a deadly weapon under Section 261(p) requires proof that it was carried in the polling place or within 100 meters of it during the legally fixed days and hours for election activities (Miranda v. People, G.R. No. 261412, 29 October 2025).

Elements of Violation of Sec 261(h) of the Omnibus Election Code (Transfer of Officers and Employees in the Civil Service):

• Fact of transfer or detail of an officer or employee in the civil service made or caused by a public official within election period;
• Transfer or detail made without prior approval of COMELEC

Election

Election is the means by which people choose their officials for a definite and fixed period and to whom they entrust for the time being the exercise of the powers of  the government. (Garchitorena v. Crescini, 39 Phil. 258).

In elections, the first consideration of every democratic polity is to give effect to the expressed will of the majority.

Other Election Offenses Under R.A. No. 6646:

• Causing the printing of official ballots and election returns by printing establishments not on contract with COMELEC and printing establishments which undertakes unauthorized printing.
• Tampering, increasing or decreasing the votes received by a candidate or refusing after proper verification and hearing to credit the correct votes or deduct the tampered votes (committed by a member of the board of election inspectors).
• Refusing to issue the certificate of votes to the duly accredited watchers (committed by a member of the BEI).
• Violating provisions against prohibited forms of election propaganda.
• Failure to give notice of meetings to other members of the board, candidate or political party (committed by the Chairman of the board of canvassers).
• A person who has been declared a nuisance candidate or is otherwise disqualified who continues to misrepresent himself as a candidate and any public officer or private individual who knowingly induces or abets such misrepresentation by commission or omission.
• If the chairman of the BEI fails to affix his signature at the back of the official ballot, in the presence of the voter, before delivering the ballot to the voter.

Election Automation Law (R.A. No. 8436 as Amended by R.A. No. 9369)

The Automated Election System (AES)

A system using appropriate technology which has been demonstrated in the voting, counting, consolidating, canvassing, and transmission of election results, and other electoral processes.

The Automated Election System involves voting, counting, consolidating, canvassing and transmission but not proclamation.

Kinds of Election

• Regular or General: Provided by law for the election of officers either nation-wide or in certain subdivisions thereof, after the expiration of the full term of the former officers;
• Special: one held to fill a vacancy before the expiration of the term which the incumbent was elected.

Electronic Transmission v. Electronic Returns

Paper-Based Electronic System v. Direct Record Election System

The Commission on Elections may use either a paper-based or direct recording electronic election system as it may deem appropriate and practical for the process of voting, counting of votes and canvassing/consolidation and transmittal of results of electoral exercises.

Exit Polls

• Surveys shall not be conducted within 50 meters from the polling places.
• Pollsters shall inform the voters that they may refuse to answer.
• The result may be announced after the closing of the polls on election day and must identify the number of respondents and the places where they were taken. The announcement must state that it is unofficial and does not represent a trend.