ELECTION LAW UPDATES
COMELEC
RESOLUTION No.10905
May 3, 2023
WHEREAS, the Commission on Elections (Commission) has promulgated on
March 22, 2023 Resolution No. 10902 entitled "REVISED CALENDAR OF
ACTIVITIES AND PERIODS OF CERTAIN PROHIBITED ACTS IN CONNECTION
WITH THE OCTOBER 30, 2023 SYNCHRONIZED BARANGAY AND
SANGGUNIANG KABATAAN (SK) ELECTIONS" prescribing the activities` periods
and prohibited acts in cormection with the October 30, 2023 Synchronized
Barangay and Sangguniang Kabataan Elections (BSKE)
WHEN:AUGUST 28, 2023 (MON) TO NOVEMBER 29,
2023 (WED)
WHAT: PROHIBITED ACTS DURING ELECTION PERIOD
Bearing, carrying or transporting firearms or other
deadly weapons in public places, including any building,
street, park, private vehicle or public conveyance, or
even if licensed to possess or carry the sane, unless
authorized in writing by the Commission. (See. 261
¢), (q), OEC as amended by See. 32 of R.A. No. 7166);
Use of security personnel or bodyguards by candidates.
(See. 33, R.A. No. 7166)
Alteration of territory of a precinct or establishment of a
new precinct. (See. 5, R.A. No. 8189)
Raising of funds thru dances, lotteries, cockfights, etc.
(See. 97, OEC);
Vote-buying and vote-selling. (Sec. 261 (a),
OEC);
Wagering upon result of election. (See. 261 (c), OEC);
Transfer or detail of officers and employees including
public school (See. 261 (h)
Coercing, threatening, intimidating or terrorizing any election
official or employee in the performance of his election functions
or duties. [Sec 261 (I). OEC]
Note: Prohibited until proclamation of winning candidates
;
llegal release of prisoners before and after elections. (Sec. 261 (n),
OEC in relation to Sec. 29, R.A. No. 6646);
Organization or maintenance of reaction forces, strike forces or
similar forces. (See. 261 (u), OEC); and
Suspension of local elective officials. (See. 261 (x), OEC).
Campaigning
When: CAMPAIGN PERIOD
October 19, 2023 (THU) to October 28, 2023 (SAT)
What: PROHIBITED ACTS
Removing, destroying, obliterating, defacing` tampering or
preventing distribution of lawful election propaganda. (See. 83,
OEC);
Posting, displaying, distributing and using i llegal campaign
materials. (See.85, OEC).,
Making any donation or gift in cash or in kind. (See. 104, OEC)
Take note: this is Also prohibited on the day before election and
on election day).,
Appointing or using special pol icemen, special/confidential
agents or the like. (See. 261 (in), OEC)
Note: Also prohibited on the day before election and on election
day).,
Using armored land, water or air craft. (See. 261 (r), OEC) (take
note: Also prohibited on the day before election and on election
day
Policemen and provincial guards acting as bodyguards of public
officials or candidates. (Sec. 261 (t), OEC) (Note: ALso prohibited
on the day before election and on election day).
Release, disbursement or expenditures of public funds (Sec.
26l(v), OEC);
When: October 20, 2023 (FRI) to October 29, 2023 (SUNDAY)
Construction or maintenance of barangay funded roads and
bridges. (See. 3. R.A. No. 6679, as amended by Sec. 4, R.A.
No.10923);
Appointment or hiring 'of new employees, creation o f new
>positions, filling of new positions. promotion or giving of sa]ay
increases, remuneration or privileges in the barangay. (See. 5,
R.A. No.10923)
WHEN:
OCTOBER 29, 2023 (SUN) EVE OF ELECTION
DAY
Campaigning. (See. 80, OEC);
Giving, accepting free transportation, foods, drinks, and things
of value. (See. 89, OEC);
Selling, furnishing, offering, buying, serving or taking
intoxicating liquor. (See. 261 (dd), (1 ), OEC)
(Note: Acts mentioned in the three preceding paragraphs are prohibited until election
day)
OCTOBER 30, 2023 (MON) ELECTION DAY
Prohibited acts:
Campaigning. (Sec. 80, OEC);
Giving and/or accepting free transportation. food, drinks and
things of value. (Sec. 89, OEC);
Using voter's affidavit of another for the purpose of voting,
whether or not actually succeeds in voting. (See. 261 (y) (10),
OEC);
Voting more than once or in substitution of another. (Sec. 261 (z)
(2) and (3) OEC);
Destroying, substituting, or taking away from the possession of
those having legal custody thereof, or from the place where they
are legally deposited, any election form or document or ballot
box which contains official ballots or other documents used in
the election. (Sec. 261 (z) (12), OEC);
Soliciting votes or undertaking any propaganda for or against
any candidate within the polling place or within thirty (30)
meters thereof. (Sec. 261 (cc) (6), OEC)
Selling, furnishing, offering, buying, serving or taking
intoxicating liquor. (See. 261 (dd), ( 1 ), OEC).
Opening of booths or stalls for the sale, etc., of wares,
merchandise or refreshments, withi n thirty (30) meters radius
from the polling place. (Sec. 261 (dd)(2), OEC); and
Holding of fairs, cockfights, boxing, horse races or similar sports.
(See. 26] (dd) (3)' OEC)
