{"id":6064,"date":"2023-03-31T12:52:20","date_gmt":"2023-03-31T04:52:20","guid":{"rendered":"https:\/\/rasmitmug.com\/main\/?page_id=6064"},"modified":"2023-03-31T12:57:08","modified_gmt":"2023-03-31T04:57:08","slug":"bangsamoro-electoral-code","status":"publish","type":"page","link":"https:\/\/rasmitmug.com\/main\/bangsamoro-electoral-code\/","title":{"rendered":"Bangsamoro Electoral Code"},"content":{"rendered":"

BANGSAMORO TRANSITION AUTHORITY
\n(FIRST REGULAR SESSION)
\n<\/strong><\/p>\n

BANGSAMORO AUTONOMY ACT NO. 35<\/strong><\/p>\n

Begun and held in Cotabato City, on Thursday, the 15th day of September 2022.<\/span><\/p>\n

AN ACT PROVIDING FOR THE BANGSAMORO ELECTORAL CODE OF THE <\/strong>
\nBANGSAMORO AUTONOMOUS REGION IN MUSLIM MINDANAO<\/strong><\/p>\n

Be it enacted by the Bangsamoro Transition Authority in Parliament assembled:<\/span><\/p>\n

ARTICLE I<\/strong>
\nINTRODUCTORY PROVISIONS<\/strong><\/p>\n

“Bangsamoro Electoral Code”<\/strong><\/p>\n

SECTION 1. Title<\/strong>. – This Act shall be known and cited as the \u201cBangsamoro Electoral Code of
\n2023.\u201d<\/p>\n

SECTION 2. Purpose<\/strong>. \u2013 Pursuant to the Bangsamoro\u2019s right to self-governance to freely
\npursue its political, economic, social, and cultural development, the Bangsamoro Government hereby
\npromulgates this Code to prescribe the structural, functional, and procedural principles in the conductof elections, plebiscites, initiatives, referenda, recall proceedings, and encourage the formation of
\ngenuinely principled political parties in the Bangsamoro Autonomous Region in Muslim Mindanao
\n(BARMM).<\/p>\n

SECTION 3<\/strong>. Declaration of Principles and Policies. \u2013 This Code shall be governed by the
\nfollowing principles and policies:<\/p>\n

a. The Bangsamoro Government, in pursuit of genuine and meaningful autonomy for the
\nBangsamoro, shall adopt an electoral system that is consistent with national election laws,
\nallows democratic participation, and ensures accountability;<\/p>\n

b. The Bangsamoro Government shall have a democratic political system that allows its people
\nto freely participate in the political processes within its territorial jurisdiction;<\/p>\n

c. It shall be the declared policy of the Bangsamoro Government to uphold fair election
\npractices. Towards this end, the Bangsamoro Government shall ensure the conduct of free,
\norderly, honest, peaceful, and credible elections, reflective of the genuine will of the
\nelectorate, at all levels of government in the Bangsamoro;<\/p>\n

d. The Bangsamoro Government recognizes that political parties are the essence of a
\nparliamentary democracy. It shall give life to the letter and spirit of the parliamentary nature
\nof the Bangsamoro Government. A free and open regional party system shall be allowed to
\nevolve according to the free choice of the people;<\/p>\n

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\nBAA 35<\/p>\n

e. The Bangsamoro Government promotes gender inclusivity and recognizes the important
\nrole of women in nation building and in institutionalizing democratic processes.<\/p>\n

SECTION 4. Construction and Interpretation<\/strong>. – The provisions of this Code shall be given
\ntheir ordinary meaning. However, in case of ambiguity, that interpretation which realizes the legislative
\nintent of establishing and strengthening the parliamentary nature of the Bangsamoro Government and
\nevolving genuinely principled political parties that veers away from personality-based politics shall be
\npreferred.<\/p>\n

SECTION 5<\/strong>. Definitions. The specific terms as used in this Code shall have the following meaning:<\/p>\n

a. Automated election system (AES) is the system using appropriate technology which has been
\ndemonstrated in the voting, counting, consolidating, canvassing, and transmission of election
\nresults, and other electoral processes;<\/p>\n

b. Bangsamoro Registration and Accreditation Committee (BRAC) is the body which shall register
\nand accredit regional political parties subject to the approval by the COMELEC en banc<\/em>;<\/p>\n

c. Bangsamoro Electoral Office (BEO) refers to the office established by the COMELEC in
\naccordance with the provisions of the Bangsamoro Organic Law (BOL) and this Code;<\/p>\n

d. Book of Voters refers to the compilation of all registration records in a precinct;
\ne. Certificate of canvass refers to a document accomplished by the Board of Canvassers containing
\nthe total number of votes canvassed, in words and figures, obtained by candidates in barangay
\nand Sangguniang Kabataan elections including referendum, plebiscite and such other special
\nelections which adopts the manual system of election as the case may be;<\/p>\n

f. Election returns refers to a machine-generated document showing the date of the election, the
\nprovince, municipality and the precinct in which it is held and the votes in words and\/or figures
\nfor each candidate in a precinct produced by the counting machine.
\nFor purposes of manual election, election returns refers to a document accomplished by the
\nElectoral Board as a means of recording the votes in words and figures garnered by each
\ncandidate in a particular precinct, showing the date of the election, the polling place, the
\nbarangay and the city or municipality in which it was held, the total number of ballots found in
\nthe compartment for valid ballots, the total number of valid ballots withdrawn from the
\ncompartment for spoiled ballots because they were erroneously placed therein, the total number
\nof excess ballots, the total number of marked or void ballots, and the total number of votes
\nobtained by each candidate, writing out the said number in words and figures;<\/p>\n

g. Independent candidate refers to a person running for a parliamentary district seat but who is not
\naffiliated to a registered regional party or coalition.<\/p>\n

h. Non-Moro Indigenous People or NMIP refers to those individuals who, not having ascribed or
\nself-ascribed to the Moro identity, belong to tribes who have continuously lived as an organized
\ncommunity on communally bounded and defined territory and who have, under claims of
\nownership since time immemorial, occupied, possessed, and utilized such territories, and who
\nshare common bonds of language, customs, traditions, and other distinctive cultural traits.
\nAmong others, they include those NMIPs enumerated in Section 8, Article VII of Republic Act
\nNo. 11054, otherwise known as the BOL, the Arumanen Manobo tribe residing in the special<\/p>\n

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\nBAA 35<\/p>\n

geographic areas of the Bangsamoro, and such other tribes as may be identified by the Ministry
\nof Indigenous Peoples Affairs;<\/p>\n

i. Official ballot refers to the ballot, whether printed or generated by the technology applied, where
\nAES is utilized, that faithfully captures or represents the votes cast by a voter recorded or to be
\nrecorded in electronic form;<\/p>\n

j. Parliamentary elections refer to the democratic process of voting for the members of the
\nBangsamoro Parliament consisting of party, district, and sectoral representatives;<\/p>\n

k. Parliamentary district seats refer to seats in the Parliament for those to be elected from single\u0002member parliamentary districts apportioned for the areas and in the manner provided for by the
\nParliament;<\/p>\n

l. Party representative seats refer to seats in the Parliament for those to be elected under a
\nregistered regional political party or coalition through a system of proportional representation;<\/p>\n

m. Polling place is the structure or place where the Board of Election Inspectors conducts its
\nproceedings and where the voters shall cast their votes.<\/p>\n

n. Regional political parties are organizations formed by a group of citizens in the Bangsamoro on
\nthe basis of the same ideology and common aspirations and aims to have members elected to
\nthe Parliament and the local constituent units so that they can affect the way autonomy is
\nmeaningfully exercised in the governance of the Bangsamoro.<\/p>\n

o. Reserved seats refer to the eight (8) seats in the Parliament reserved for sectoral representatives
\nas provided in item (p) of this Section;<\/p>\n

p. Sectoral organizations refer to the duly accredited aggrupation of people belonging to the Non\u0002Moro Indigenous Peoples, settler communities, women, youth, \u2018Ulama, and traditional leaders
\nwho are entitled to the reserved seats in the Parliament;<\/p>\n

q. Sectoral representation seats refer to seats in the Parliament reserved to the following sectors:
\nNon-Moro Indigenous Peoples, settler communities, women, youth, \u2018Ulama, and traditional
\nleaders;<\/p>\n

r. Settlers Communities refer to those who are not native inhabitants of the Bangsamoro
\nAutonomous Region, but who came to permanently reside therein as part of the Philippine
\nGovernment\u2019s resettlement programs or who voluntarily opted to migrate thereto, as well as
\ntheir descendants who continue to reside in the Bangsamoro;<\/p>\n

s. Traditional Leaders refer to the Royal Sultanates in the Bangsamoro Autonomous Region in
\nMuslim Mindanao. These shall include the Sultanates of Sulu, Maguindanao, Kabuntalan,
\nBuayan, the Royal Houses of Ranao and of the Iranun;<\/p>\n

t. Turncoatism refers to the change of political party affiliation by any elective party representative
\nduring his\/her term of office;<\/p>\n

u. \u2018Ulama sector refers to organized groups of Muslim religious scholars and chief religious
\nauthorities;<\/p>\n

v. Women sector refers to organized groups of women whose principal advocacy pertains to
\nspecial interests and concerns of women; and<\/p>\n

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\nBAA 35<\/p>\n

w. Youth sector for sectoral representation refers to organized groups of individuals whose age
\nranges from eighteen (18) to thirty (30) years old, and whose principal advocacy pertains to
\nspecial interests and concerns of the youth.<\/p>\n

ARTICLE II<\/strong>
\nTHE BANGSAMORO ELECTORAL OFFICE<\/strong><\/p>\n

SECTION 1<\/strong>. Nature. There shall be a Bangsamoro Electoral Office (BEO) established by and
\nunder the direct control and supervision of the COMELEC, in accordance with the BOL and this Code.<\/p>\n

The BEO supervises all national, regional, and local elections, plebiscites, initiatives, referenda,
\nand recall proceedings within the Bangsamoro Autonomous Region to ensure compliance with election
\nlaws and other pertinent rules of the COMELEC, cognizant of the parliamentary system as a vehicle
\nfor participative and representative governance.<\/p>\n

SECTION 2<\/strong>. Organizational Structure. \u2013 The COMELEC shall determine the appropriate
\norganizational structure and staffing pattern for the BEO, in accordance with civil service rules and
\nregulations.<\/p>\n

SECTION 3<\/strong>. Powers of the Bangsamoro Electoral Office. \u2013 In addition to powers and
\nfunctions already exercised by the regional offices of the COMELEC, the BEO shall:<\/p>\n

\na. Exercise administrative supervision over provincial, city, and municipal election offices
\nunder it;<\/p>\n

b. Administer all laws relative to and supervise the conduct of elections in the Bangsamoro for
\nthe purpose of ensuring free, orderly, honest, peaceful, and credible elections;<\/p>\n

c. Coordinate all activities of provincial, city, and municipal election offices including in the
\nconduct of elections;<\/p>\n

d. Implement election laws and policies, resolutions, rules, regulations, decisions, and related
\nguidelines of the COMELEC;<\/p>\n

e. Render legal opinion and advice on provisions of election laws and implement resolutions
\nof the COMELEC for the guidance of its field personnel, other concerned government
\nofficials and employees, non-government organizations (NGOs), citizens\u2019 arms, and other
\ninterested parties;<\/p>\n

f. Monitor through the provincial election offices, the implementation of the system of
\ncontinuing registration of voters by the city and municipal election offices pursuant to
\nRepublic Act 8189, otherwise known as the Voter\u2019s Registration Act of 1996;<\/p>\n

g. Coordinate and monitor election information drives and voters education programs;<\/p>\n

h. Supervise and monitor the implementation of various projects of the COMELEC and submit
\nrequired reports thereon;<\/p>\n

i. Develop and maintain an efficient communication and transportation network with field
\nsubordinates for the effective and faster transmission of information to the various
\noffices\/departments of the COMELEC;<\/p>\n

j. Coordinate with other regional government agencies and local government units to ensure
\nthe holding of free, orderly, honest, peaceful, and credible elections;<\/p>\n

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\nBAA 35<\/p>\n

k. Exercise general housekeeping functions; and<\/p>\n

l. Perform such other powers and functions as the COMELEC may assign for the efficient and
\neffective enforcement of this Code.<\/p>\n

\nSECTION 4. Bangsamoro Registration and Accreditation Committee<\/strong>. \u2013 In accordance with
\nthe issuance of the COMELEC, the BRAC shall be composed of:<\/p>\n

a. the Regional Election Director;
\nb. the Assistant Regional Election Director; and
\nc. The Provincial Election Supervisor of the Province where the principal office of the regional
\npolitical party is located in BARMM, or where the election matter is filed.<\/p>\n

At the discretion of the COMELEC, the BRAC shall be provided the necessary financial and
\nhuman resources as will allow the efficient and effective performance of its powers and functions.<\/p>\n

SECTION 5<\/strong>. Powers and Functions of the BRAC. \u2013 The BRAC shall:<\/p>\n

a. in relation to applications for registration and\/or accreditation of regional and local political
\nparties: (1) receive all such applications and ensure their compliance with the requirements
\nand qualifications prescribed in this Code; and, (2) acting collegially, recommend proper
\naction and forward the same to the COMELEC en banc;<\/p>\n

b. upon complaint of any interested party, ascertain the compliance by any regional political
\nparty with the continuing requirements for its registration and, acting collegially, submit its
\nrecommendation to the COMELEC en banc;<\/p>\n

c. monitor the conduct of general assemblies, party conventions, and such other acts and
\nactivities as may be required by this Code and other enactments of the Bangsamoro
\nParliament in the selection of the nominees for elections of each of the regional political
\nparties;<\/p>\n

d. monitor the regional political party\u2019s compliance with laws and issuances on the utilization
\nof party subsidies and other assistance received from public funds;<\/p>\n

e. issue subpoena duces tecum and ad testificandum to parties in controversies; and<\/p>\n

f. perform such other powers and functions as the laws and the COMELEC en banc may
\nprovide.<\/p>\n

SECTION 6. BRAC Resolutions<\/strong>. \u2013 Upon concurrence of the majority of the three (3)
\nmembers, all actions of the BRAC shall be in the form of a Resolution submitted to the COMELEC
\nwithin the periods prescribed by this Code.<\/p>\n

SECTION 7. Budget<\/strong>. \u2013 The budget of the BEO shall form part of the yearly budget of the
\nCOMELEC without prejudice to any financial and other forms of support that may be appropriated by
\nthe Bangsamoro Parliament to augment the BEO\u2019s operational requirements, including expenses for
\nthe conduct of assemblies in relation to the election of sectoral representatives, during an election year
\nin the form of an election reserve fund.<\/p>\n

Notwithstanding the foregoing, local governments shall continue to appropriate funds to defray
\nnecessary and reasonable expenses of the Electoral Board, Board of Canvassers, and the printing of
\nelection forms and procurement of other election paraphernalia, and the installation of voting centers.<\/p>\n

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\nBAA 35<\/p>\n

ARTICLE III<\/strong><\/p>\n

REGIONAL POLITICAL PARTIES IN THE BANGSAMORO<\/strong><\/p>\n

SECTION 1. Establishment of Regional Political Parties<\/strong>. \u2013 Regional political parties in the
\nBangsamoro, hereinafter \u201cparties\u201d or \u201cparty,\u201d shall be established by at least ten thousand (10,000)
\nmembers who are residents and registered voters therein. The members shall be distributed throughout
\nthe different provinces and cities comprising the Bangsamoro territory; Provided, that all parties shall
\nestablish provincial and city chapters in all provinces and cities, and municipal chapters in the majority
\nof the municipalities comprising each province, in the Bangsamoro. Provided further, that a provincial
\nchapter is required to have municipal chapters in majority of the municipalities in that province.<\/p>\n

SECTION 2. Registration of Regional Political Parties.<\/strong> \u2013 All parties intending to register as
\npolitical parties under this Code shall submit applications to the BEO through the BRAC.<\/p>\n

The BRAC shall receive all petitions for registration and forward the same to the COMELEC
\nwith its recommendation either for approval or disapproval. Provided, that the BRAC shall submit the
\npetition along with its recommendation not later than sixty (60) days from receipt of the same.<\/p>\n

Only those which comply with the requirements and qualifications for parties, in accordance
\nwith this Code and the relevant rules and regulations issued by the COMELEC, shall be registered by
\nthe latter.<\/p>\n

\nSECTION 3. Accreditation of Political Parties Already Registered with COMELEC.<\/strong>
\nRegional Political Parties already registered with the COMELEC prior to the effectivity of this Code
\nare not required to register anew; Provided, however that the party complies with the additional
\nrequirements provided in this Code in relation to registration.<\/p>\n

SECTION 4. Requirements for Registration of Regional Political Parties<\/strong>. \u2013 A party must
\nsubmit:<\/p>\n

a. a verified petition for the registration of the party, signed by its head or any duly authorized
\nrepresentative, containing the following:<\/p>\n

1. full name of the party, organization, or coalition of parties;
\n2. principal place of business and postal address for election purposes, including those of its
\nprovincial, city, and municipal chapters;
\n3. the date and place of its organization;
\n4. the date and manner of election or selection of its officers;
\n5. the extent of its constituency or membership
\n6. that it is not a religious sect or denomination;
\n7. that it shall not pursue its goals through violence or other unlawful means;
\n8. that it shall uphold and adhere to the Constitution and shall obey all laws and legal orders
\npromulgated by the duly constituted authorities;
\n9. that it is not supported by, nor does it accept financial contribution from, any foreign
\ngovernment or other agencies; and
\n10. other information that may be material and relevant, as may be determined by the
\nCOMELEC.<\/p>\n

b. a verified list of the members of its executive, general party, and membership committees, as
\nwell as the heads of its provincial, city, and municipal chapters, and their respective addresses;<\/p>\n

c. a notarized list of at least ten thousand (10,000) members of the party, wherein they manifest
\ntheir collective decision to register the party, by affixing their names, signatures, and other
\npertinent details as determined by the COMELEC.<\/p>\n

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\nBAA 35<\/p>\n

d. its constitution and by-laws, that contain:<\/p>\n

1. the party\u2019s full name, its abbreviation, if any, its official logo, and its principal place of
\nbusiness, which must be in any one of the provinces in the Bangsamoro.<\/p>\n

The name and official logo of the party must be clearly distinct from the name of any
\nother party already in existence, including its abbreviation. Throughout the electoral process,
\nonly the registered name or its abbreviation, and official logo may be used by the party,
\nomitting any additional descriptive designations;<\/p>\n

2. rules and procedure for joining and leaving the party which must abide by the
\nrequirement of notice and hearing and the proscription on compulsion either in becoming a
\nmember or in leaving the party;<\/p>\n

3. the rights and duties of its members;<\/p>\n

4. permissible sanctions against members, including the grounds for their exclusion from
\nthe party;<\/p>\n

5. the party\u2019s structure;<\/p>\n

6. the powers of the executive committee and its other bodies;<\/p>\n

7. matters exclusively subject to the decision-making of the assemblies of members or
\ndelegates;<\/p>\n

8. the schedule of convening members\u2019 and delegates\u2019 assemblies, and official recording
\nof the resolutions passed. The holding of these activities must be done annually or more often
\ndepending on the decision of the party;<\/p>\n

9. the manner of nominations of candidates in parliamentary elections subject to the
\nprovisions of this Code;<\/p>\n

10. basic policy vote by all members and the procedures to be followed when a party
\nconvention or a general assembly is held; and<\/p>\n

11. procedure for the dissolution of the party or any of its local chapters or for the merger
\nwith another party or other parties.<\/p>\n

e. its program of government, platform, policies, and principles;<\/p>\n

f. its declaration of political creed or code of political ethics;<\/p>\n

g. the party\u2019s statutes;<\/p>\n

h. the party\u2019s women\u2019s agenda;<\/p>\n

i. the minutes of its constituent meetings; and<\/p>\n

j. proof of payment of proper fees, as may be prescribed by the COMELEC.<\/p>\n

SECTION 5. Mandatory Bodies or Mechanisms in the Party<\/strong>. \u2013 The organizational
\nstructure of a party shall provide for mandatory bodies or mechanisms that will ensure the
\nperformance of the following functions:<\/p>\n

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\nBAA 35<\/p>\n

a. a general party committee, which acts as the lawmaking body of the party, including the
\npromulgation of its policies, programs, and platforms;<\/p>\n

b. an executive committee, which sets the organizational direction of the party, implements
\nits policies, programs, and platforms, and effectuates its principles;<\/p>\n

c. a membership committee, which is responsible for the recruitment of members and the
\nprocessing of withdrawal of membership, pursuant to the party\u2019s constitution and by\u0002laws;<\/p>\n

d. a nomination committee, which receives applications for nomination from party
\nmembers, comes up with the shortlist for the selection of the final party nominees for the
\nelections, and ensures the party\u2019s compliance with Article III, Section 9 (b) of this Code;<\/p>\n

e. a finance committee, which formulates policies, rules and regulations on finance, fund
\nsourcing, and party spending, and ensures the party\u2019s compliance with accounting,
\nauditing, and reportorial requirements of government agencies, including timely
\nsubmission of Statement of Contribution and Expenditures (SOCE) to COMELEC;<\/p>\n

f. an arbitral committee, which hears and decides matters of membership, issues relating
\nto party nominations, and other disputes arising from intra-party relations; and<\/p>\n

g. a women and youth committee, which ensures that women\u2019s and youth\u2019s representation
\nas well as women and youth agenda are considered by all committees and chapters of the
\npolitical party; and<\/p>\n

h. local chapters in the province, city, and majority of the municipalities per province,
\nwhich serve as the grassroots of the party and elect representatives to the general party
\ncommittee and nomination committee.<\/p>\n

SECTION 6. Election of Party Officers.<\/strong> \u2013 The election of the members of the different bodies
\nor mechanisms in the previous section must be conducted through secret ballot. All regional political
\nparties shall ensure that women and youth are duly represented in their roster of officers. This shall be
\nreflected in its constitution and by-laws. An ad hoc body may be created periodically to administer the
\nelection process, which body shall ensure the sanctity of the election, the secrecy of the vote, and the
\nintegrity of the results.<\/p>\n

SECTION 7. Membership in Regional Political Parties. \u2013<\/strong><\/p>\n

(1) A party, subject to the provisions of this Code, shall determine its own rules on the
\nrecruitment of its members and may not be compelled by any authority on the matter.<\/p>\n

(2) No individual shall be a member of more than one (1) regional political party. Violation of
\nthis provision shall be a ground for party disciplinary action.<\/p>\n

SECTION 8. Rights of Members<\/strong>. \u2013 In addition to those provided in the party\u2019s constitution
\nand by-laws, each member of a party shall:<\/p>\n

a. have voting rights in all the elections determined during the general assembly;<\/p>\n

b. have the right to voluntarily withdraw from the party, without need of citing the reason therefor.
\nProvided, that the withdrawal shall take effect in accordance with the rules provided in the
\nconstitution and by-laws of the party;<\/p>\n

c. have the right to information and access to financial records and reports, subject to party internal
\nrules or by-laws; and<\/p>\n

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\nBAA 35<\/p>\n

d. have the right to be notified and be heard in cases of disciplinary actions instituted against him
\nor her.<\/p>\n

SECTION 9. Nomination of Candidates; Limitations and Sanctions<\/strong>. –<\/p>\n

a. In the nomination and selection of candidates in parliamentary and local elections in the
\nBangsamoro, the regional political party must adhere to democratic processes and may,
\nat its discretion, adopt its own criteria in the selection of nominees taking into account
\nthe educational qualifications, track record, and known probity, integrity and loyalty of
\nits aspiring nominees.<\/p>\n

b. Regional political parties shall ensure that at least thirty percent (30%) of the party
\nnominees are women;<\/p>\n

c. No political party shall be allowed to nominate candidates in excess of the number of
\npositions contested for the elections, nor shall any candidate be allowed to accept
\nnominations from more than one registered political party, except in cases of
\naggrupation or coalition.<\/p>\n

d. Nominees submitted by a political party shall not be related to each other within the
\nsecond degree of consanguinity and affinity. Violation of this provision shall disqualify
\none of the nominees in a manner to be determined by the party.<\/p>\n

e. Nominations in violation of paragraphs (b) and (c) above shall be denied due course by
\nthe BEO.<\/p>\n

Section 10. Mandatory Party Activities<\/strong>. The following are mandatory party activities:<\/p>\n

a. General Assembly<\/strong>. – Regional political parties shall conduct regular general assemblies as
\nprovided for in their respective by-laws, provided, that such assemblies shall be conducted at
\nleast once in three (3) years.<\/p>\n

b. Party Convention<\/strong> – One (1) year immediately before a parliamentary, national and local
\nelections, a party must hold a convention for the purpose of selecting their nominees in the
\ndifferent elective posts. Any member who seeks nomination must, forty-five (45) days prior to
\nthe scheduled convention, submit to the nomination committee his\/her intent in writing,
\nproviding therein his\/her reason for seeking nomination. Any member who fails to submit
\nhis\/her written intent is disqualified to be nominated during the party convention.<\/p>\n

c. Voters Education Program<\/strong>. – Regional political parties are required, on its own or in
\npartnership with COMELEC, other political parties, organizations, institutions, civil society or
\nindividuals, to engage in activities that educate voters in the communities, schools and
\ninstitutions about this Code and other election laws, rules, and guidelines.<\/p>\n

All regional political parties shall continue to conduct general assemblies, party conventions, and
\nvoters education programs even if they fail to win seats in the previous elections. Failure to comply
\nwith this requirement shall bar the party from participating in the next elections.<\/p>\n

Regional political parties shall provide the manner of conduct of their assemblies and party
\nconventions, provided, that the same allows all members to be present and cast their vote, if necessary.<\/p>\n

SECTION 11. Remedies<\/strong>. – An applicant-nominee who feels aggrieved by the adverse decision
\nof the nomination committee or any party member who disagrees with the decision of the nomination
\ncommittee may contest such decision before the arbitral committee in accordance with procedures to
\nbe provided in its by-laws.<\/p>\n

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\nBAA 35<\/p>\n

SECTION 12<\/strong>. Manner of Voting for Nominees in Party Conventions \u2013 In the party
\nconvention, the delegates shall cast their votes by secret ballot. The delegates shall be given sufficient
\ntime to cast their votes in the designated enclosed voting area to ensure secrecy of the casting of votes.
\nNo member, either applicant-nominee or member should campaign during the process of nomination.
\nAny member or applicant-nominee who violates this prohibition shall be subject to disciplinary action.<\/p>\n

After casting of the votes, the executive committee shall order the canvassing of the same. The
\nresults of the nominations shall be read aloud by an authorized official of the party.<\/p>\n

SECTION 13<\/strong>. Continuing requirements. – Compliance with the minimum number of
\nmembers, mandatory bodies or mechanisms, and mandatory party activities as provided in the
\nprovisions of this Article shall be continuing requirements on all regional political parties. Failure to
\ncomply with the pertinent provisions is a ground for disqualification to participate in the parliamentary
\nelections and\/or the dissolution of the party as may be determined by the COMELEC through the
\nBRAC.<\/p>\n

ARTICLE IV<\/strong>
\nELECTIVE POSITIONS IN THE PARLIAMENT<\/strong><\/p>\n

SECTION 1. Composition of the Parliament<\/strong>. The Parliament shall be composed of eighty
\n(80) members, unless otherwise increased by the Congress of the Philippines. The 80-member
\nparliament shall be composed of fifty percent (50%) Party Representatives, forty percent (40%) District
\nRepresentatives, and ten percent (10%) Sectoral Representatives.<\/p>\n

COMMON PROVISIONS<\/strong><\/p>\n

SECTION 2. Terms of Office<\/strong>. – The term of office of members of the Parliament shall be three
\n(3) years; Provided, that no member shall serve for more than three (3) consecutive terms. Voluntary
\nrenunciation of office for any length of time or dissolution of the Parliament by the Wali shall not be
\nconsidered as an interruption in the continuity of the service for the full term for which the members
\nwere elected.<\/p>\n

The term of office of the incumbent members of Parliament of the Bangsamoro Transition
\nAuthority (BTA) shall not be counted for the purpose of this term-limit requirement.<\/p>\n

SECTION 3. Qualifications<\/strong>. – No person shall be a member of the Parliament unless the person
\nis a citizen of the Philippines, at least twenty-five (25) years of age on the day of the election, able to
\nread and write, and a registered voter in the Bangsamoro Autonomous Region.<\/p>\n

A candidate for youth representative shall be not less than eighteen (18) years of age nor more
\nthan thirty (30) years of age at the time of election.<\/p>\n

A candidate for district representative must be a registered voter of the district in which the
\nperson is a candidate and has resided in the district for at least one (1) year immediately preceding the
\nday of the election.<\/p>\n

SECTION 4. Vacancy in the Parliament<\/strong>. \u2013 The Parliament shall, in its internal rules or in a
\nspecial law, establish a body that will decide upon all issues relating to the continuing qualification of
\nMembers of the Parliament. This body, in a resolution, shall decide whether the removal of a Member
\nof the Parliament is in order, based on the following grounds:<\/p>\n

a. those provided in Section 19, Article VII of the BOL;<\/p>\n

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\nBAA 35<\/p>\n

b. changing of political party affiliation during the party representative’s term of office shall ipso
\nfacto forfeit the seat in the Parliament. The elected party representative who changes political
\nparty affiliation within six (6) months before an election shall not be eligible for nomination as
\nparty representative under the new party or organization.<\/p>\n

c. dissolution or disqualification of a political party as provided in Section 13, Article III of this
\nCode, in relation to a member of Parliament who sits as a party representative;<\/p>\n

d. if sitting as a party representative, failure of the regional political party to comply with the
\ncontinuing requirements for their registration as determined by the COMELEC en banc; and<\/p>\n

e. such other grounds as may be determined by law enacted by the Bangsamoro Parliament.<\/p>\n

SECTION 5. Filling of Vacancy.<\/strong> – In case of a permanent vacancy in the party representative seat,
\nthe party to which that seat belongs shall, within thirty (30) days from the occurrence of such
\nvacancy, nominate another member to fill the vacancy, subject to examination of his\/her
\nqualifications by COMELEC.<\/p>\n

In case of vacancy of a district seat by an affiliated member of the Parliament, the party to which
\nthe member belongs shall, within thirty (30) days from the occurrence of such vacancy nominate
\nanother member who shall be appointed by the Chief Minister, subject to examination of his\/her
\nqualifications by COMELEC.<\/p>\n

In both of the above instances, the vacant seat shall be filled by a nominee of the same sex.<\/p>\n

In case of a vacancy in the seat occupied by an unaffiliated member of the Parliament occurring
\nat least one (1) year before the expiration of the term of office, a special election may be called to fill
\nsuch vacancy.<\/p>\n

The BEO shall be officially informed of the need to conduct such an election within ten (10)
\ndays from the occurrence of the vacancy or the finality of the resolution of the body referred to in the
\npreceding section. The BEO shall conduct the special elections within one hundred twenty (120) days
\nfrom receipt of this information.<\/p>\n

The successor shall serve the unexpired term of the vacant office.<\/p>\n

SECTION 6. Limitations on Political Parties<\/strong> – Only regional political parties duly registered
\nand\/or accredited by the BRAC, as approved by the COMELEC, shall participate in the parliamentary
\nelections in the Bangsamoro Autonomous Region.<\/p>\n

A regional political party applying for registration shall receive no financing from national
\nparties nor have any alliance with a national party for the purpose of participating in parliamentary
\nelections in the Bangsamoro. Such fact shall be declared under oath by an authorized representative of
\nthe applicant-party.<\/p>\n

SECTION 7. Coalitions; Limitations. – Coalition means an alliance based on the agreement
\nof two or more registered and accredited regional political parties, local political parties and sectoral
\norganization either for election or political purposes.<\/p>\n

A coalition of two or more regional political parties can only field nominees and candidates for
\nthe parliamentary elections except for the sectoral representatives.<\/p>\n

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\nBAA 35<\/p>\n

In case of a coalition between a regional political party and a local political party, the regional
\npolitical party can field nominees in the party seats while such coalition can field candidates for the
\nlocal elections.<\/p>\n

In case of a coalition between a regional political party and a sectoral organization, the regional
\npolitical party can field candidates for the party seats while such coalition can field candidates for the
\nsectoral representatives.<\/p>\n

A. Party Representatives<\/strong><\/p>\n

SECTION 8. Effect of Acceptance of Nomination<\/strong>. – Nominees of political parties for party
\nrepresentative seats who are holding appointive or elective offices may continue to hold office even
\nafter acceptance of their nomination and shall not be considered resigned. The one (1) year prohibition
\nfrom being hired or rehired in a public office after their political party fails to secure the needed votes
\nto qualify them for a seat in the Bangsamoro Parliament, shall not apply to them.<\/p>\n

SECTION 9. Party Representatives. Party representatives are members of registered regional
\npolitical parties that are able to receive at least four percent (4%) of the total valid votes cast for the
\nparty system election.<\/p>\n

Considering the total number of seats in the Parliament, there shall be forty (40) party
\nrepresentatives therein.<\/p>\n

SECTION 10. Manifestation to Participate<\/strong>. Registered political parties shall, no later than the
\nlast working day of April of the year preceding the next parliamentary elections, submit to the
\nCOMELEC, through the BEO, a manifestation of their intent to participate in the parliamentary election
\nof party representatives in the Bangsamoro. They shall attach to their respective manifestations their
\nlist of nominees, ranked from one (1) to forty (40), in accordance with Section 9, Article III of this
\nCode.<\/p>\n

In the case of a coalition, a common list of nominees together with the manifestation shall be
\nsubmitted; Provided, that authorized representatives of each member-party that forms part of the
\ncoalition shall sign said manifestation, provided further, that all nominees shall be members of any of
\nthe political parties forming the coalition.<\/p>\n

At least thirty percent (30%) of the nominees of a party or coalition shall be party or coalition
\nmembers who are women.<\/p>\n

SECTION 11. Nominee in More than One List<\/strong>. – No person shall be nominated nor accept a
\nnomination in more than one (1) list. Any such nomination shall disqualify the nominee in the event
\nthe nominating party or parties garner the required number of votes for party representation.<\/p>\n

SECTION 12. Manner of Allocation of the Party Representation Seats. \u2013<\/strong><\/p>\n

a. Only parties receiving at least four percent (4%) of the total valid votes cast for the party
\nrepresentation elections shall be qualified to participate in the allocation of party representation
\nseats.<\/p>\n

b. Such qualifying parties shall be ranked from highest to lowest according to the number of valid
\nvotes they obtained. The seats allocated to them shall be the proportion of the votes obtained by
\neach to the total number of votes received by all qualifying parties, rounded down to the lower
\nwhole number.<\/p>\n

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\nBAA 35<\/p>\n

c. Thereafter, the remaining seats shall be allocated to the qualifying parties according to their
\nranking giving one seat each to the highest down to the lowest until all the remaining seats are
\nallocated.<\/p>\n

B. Parliamentary District Seats<\/strong><\/p>\n

SECTION 13. Parliamentary District Seats<\/strong>. – Not more than forty percent (40%) of the members
\nof the Parliament shall be elected from single-member parliamentary districts apportioned for the areas
\nand in the manner provided for by the Parliament. The district representatives shall be elected through
\ndirect plurality vote by the registered voters in the parliamentary districts. Independent candidates may
\nvie for district representative seats.<\/p>\n

SECTION 14. Redistricting for Parliamentary Membership<\/strong>. \u2013 The Parliament shall have the
\npower to reconstitute, by law, the parliamentary districts apportioned among the provinces, cities,
\nmunicipalities, and geographical areas of the Bangsamoro Autonomous Region to ensure equitable
\nrepresentation in the Parliament. The redistricting, merging, or creation of parliamentary districts shall
\nbe based on the number of inhabitants and additional provinces, cities, municipalities, and geographical
\nareas, which shall become part of the Bangsamoro territorial jurisdiction. For the purpose of
\nredistricting, parliamentary districts shall be apportioned based on population and geographical area;
\nProvided, that each district shall comprise, as far as practicable, contiguous, compact, and adjacent
\nterritorial jurisdiction, and shall have at least a population of one hundred thousand (100,000).<\/p>\n

C. Sectoral Representatives<\/strong><\/p>\n

SECTION 15. Reserved Seats for Sectoral Representatives<\/strong>. – Reserved seats for sectoral
\nrepresentatives shall constitute at least ten percent (10%) of the members of the Parliament, which shall
\ninclude two (2) seats each for Non-Moro Indigenous Peoples and settler communities. Women, youth,
\ntraditional leaders, and the \u2018Ulama shall have one seat each: Provided, that the sectoral representatives
\nshall in no case be less than eight (8) seats.<\/p>\n

SECTION 16. Qualifications of Sectoral Representatives<\/strong>. – In addition to the minimum
\nqualifications for Members of the Parliament provided under Section 3, Article IV of this Code, a
\nsectoral representative shall be:<\/p>\n

a. a bona fide member of the sector he\/she seeks to represent; and<\/p>\n

b. a member of either a regional political party or sectoral party or organization duly registered
\nand accredited by the COMELEC, through the BEO.<\/p>\n

A candidate for youth representative shall not be less than eighteen (18) years and not more than
\nthirty (30) years of age at the time of election.<\/p>\n

Sectoral representatives of Non-Moro Indigenous Peoples shall also have additional qualifications
\nas provided in Section 24, Article IV of this Code.<\/p>\n

\nSECTION 17. Manner of Election of Sectoral Representatives<\/strong>. – Except for the Non-Moro
\nIndigenous Peoples, \u2018Ulama, and traditional leaders representatives, the sectoral representatives shall
\nbe elected through direct plurality of votes cast for the respective sectors. For this purpose, the
\nCOMELEC, through the BEO, shall conduct registration of voters that shall include the identification
\nof the sector(s) that they are members of. A voter who identifies as belonging to more than one (1)
\nsector that has reserved seats may register to be a voter for a maximum of three (3) such sectors.
\nThe candidates for sectoral representatives shall be members of a regional political party, or a
\nsectoral party or organization, duly accredited by the COMELEC, after having been certified by the
\nappropriate ministry or regional agency or office on the basis of their track record in their advocacy for
\nthe respective sectoral concerns.<\/p>\n

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\nBAA 35<\/p>\n

The election of sectoral representatives shall commence in the 2028 elections. For the 2025
\nelection, Section 1 of Article X of this Code, shall apply.<\/p>\n

SECTION 18. Registration Requirement for Sectoral Organizations, or Political Parties <\/strong>
\nFielding Candidates for Sectoral Representation Elections<\/strong>. – Sectoral organizations, duly registered
\nwith the COMELEC, through the BRAC, may participate in the sectoral representative
\nelections. Provided, that sectoral organizations for indigenous peoples, including their indigenous
\npolitical structures (IPS), shall be certified by the Ministry of Indigenous Peoples\u2019 Affairs; sectoral
\norganizations for women shall be certified by the Bangsamoro Women Commission; sectoral
\norganizations for the youth shall be certified by the Bangsamoro Youth Commission; sectoral
\norganizations for the \u2018Ulama shall be certified by the Bangsamoro Darul Ifta\u2019; sectoral organizations
\nby the settler communities shall be certified by the Office of Settler Communities; and the sectoral
\norganizations of traditional leaders shall be certified by the Bangsamoro Commission for the
\nPreservation of Cultural Heritage.<\/p>\n

Within one hundred twenty (120) days from promulgation of this Code, the appropriate certifying
\nministries and offices shall issue corresponding guidelines for the process of certification, copies of
\nwhich shall be furnished to the Parliament.<\/p>\n

SECTION 19. Requirement for Candidates for Sectoral Representation<\/strong>. – The nominees for
\nthe sectoral representatives shall, upon filing their candidacy, declare under oath that they belong to
\ntheir respective sectors and have a track record of advocacy for their respective sectors.<\/p>\n

SECTION 20. Petition for registration; Posting of Petitions for registration<\/strong>. Sectoral
\norganizations shall submit a verified petition for registration to the BEO not later than nine (9) months
\nbefore the next election. The petition shall contain the following:<\/p>\n

a. Constitution and by-laws;
\nb. Name of the sectoral party or organization;
\nc. Principal address;
\nd. Names and addresses of its officers;
\ne. The total number of its members;
\nf. The organizational structure;
\ng. The chapters and the geographical location thereof;
\nh. Evidence of the advocacies and campaigns undertaken in relation to the sector under which the
\norganization is registering; and
\ni. Platform of government, anchored on its sectoral advocacies.<\/p>\n

The petitioning sectoral party or organization shall attach the certification coming from the
\nappropriate ministry or agency, as provided in Section 18 of this Article.<\/p>\n

The BRAC shall cause the posting of each application within two (2) working days upon receipt
\nthereof in at least three (3) conspicuous public places designated as BEO Bulletin Board, including in
\nthe provincial offices thereof, as well as on its website, for at least ten (10) consecutive days.<\/p>\n

\nSECTION 21. Manifestation as Sectoral Wing<\/strong>. – Any registered regional political party may
\nsubmit a Manifestation stating that it intends to participate in the sectoral representation election by
\nway of its sectoral wing, and when appropriate, attach thereto its Certificate of Registration, as issued
\nby the COMELEC. The BRAC shall receive said Manifestation and shall make a recommendation
\nthereon and elevate the same to the COMELEC within ten (10) days from receipt thereof.<\/p>\n

A regional political party\u2019s Manifestation shall show its sectoral wing\u2019s organizational structure,
\nsectoral agenda, and track record in accordance with Section 20 (h) of this Article.<\/p>\n

The COMELEC shall act on the Manifestation within 15 days from receipt of the recommendation
\nfrom the BRAC.<\/p>\n

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\nBAA 35<\/p>\n

Regional political parties, or sectoral parties or organizations may opt to submit its Petition for
\nRegistration, together with its Manifestation.<\/p>\n

D. Election of Non-Moro Indigenous Peoples (NMIPs)<\/strong><\/p>\n

SECTION. 22. Operating Principles<\/strong>. In the implementation of this Code, the following principles
\nshall be observed:<\/p>\n

a. Consensus-building. NMIPs shall employ their own traditional decision-making processes in
\nresolving issues and concerns affecting them.<\/p>\n

b. Primacy of customary laws and practices. Customary laws and practices shall prevail over
\nmainstream mechanisms in the manner of electing the NMIP Sectoral Representatives.<\/p>\n

c. Inclusivity and full participation. It shall be ensured that all NMIPs residing within the
\npolitical jurisdiction of the Bangsamoro shall be informed of the importance of their active
\nparticipation in the election process.<\/p>\n

d. Acceptability to the community. The process for the election of the representatives shall be
\nexclusive to non-Moro IPs and there shall be no intervention from any group, government or
\notherwise.<\/p>\n

e. Representation of the collective interests and aspirations of non-Moro indigenous peoples.
\nAll NMIPs shall have equal opportunity to elect and represent their sector.<\/p>\n

f. Sustainability and strengthening of indigenous political structures. The representative of
\nthe NMIP to the parliament shall provide support in sustaining the constitution and operation of
\nthe IPs, and NMIP people\u2019s organizations at his\/her level of representation either at the
\nbarangay, municipal, city, or provincial levels in the Bangsamoro.<\/p>\n

g. Gender Equality recognizes the unique role and participation of women in the Indigenous
\nPolitical Structure.<\/p>\n

SECTION 23. Qualifications for Election of Non-Moro Indigenous Peoples Sectoral <\/strong>
\nRepresentative<\/strong>. – In addition to the qualifications set forth under this Code for the Members of
\nParliament, the NMIP sectoral representative must be:<\/p>\n

a. a bona fide member of the NMIP community by consanguinity and conversant with the culture
\nof the community he\/she represents;<\/p>\n

b. an acknowledged leader of the NMIP tribe where he\/she is a member; and<\/p>\n

c. a resident of the community for at least one (1) year immediately preceding the day of the
\nelection.<\/p>\n

Section 24. Non-Moro Indigenous Peoples Committee<\/strong>. – There is hereby created a Non-Moro
\nIndigenous Peoples Committee, composed of the tribal leaders of the Indigenous Political Structures of
\nthe various tribes. The NMIP Committee shall convene and organize the Tribal Assemblies and the
\nInter-Tribal Convention and determine the propriety of rotation arrangement, and the manner, process,
\nand procedures for the election of their two (2) representatives in the Parliament in accordance with this
\nCode and the schedule set by the BEO.<\/p>\n

The Ministry of Indigenous Peoples\u2019 Affairs shall facilitate the organization of the NMIP
\nCommittee in due regard to the primacy of their customary processes.<\/p>\n

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\nBAA 35<\/p>\n

SECTION 25. Tribal Assembly; Selection of Nominees<\/strong>. – The selection of nominees for the
\nNMIPs shall be conducted in two levels, namely the:<\/p>\n

a. tribal assembly; and
\nb. regional inter-tribal convention, in accordance with the schedule to be set by the COMELEC.<\/p>\n

The IPS of each of the respective tribes shall have the authority to choose their delegates that will
\nparticipate in the inter-tribal convention and set the criteria for participation, taking into consideration
\nthe track record of the delegates, and, as much as possible, ensure that the delegates come from different
\nperspectives, locales, and persuasions. Provided, the tribal assemblies must also consider gender
\nconcerns in their process of selection.<\/p>\n

Each tribal assembly shall have the authority to draft their own proposed ground rules in accordance
\nwith their respective customary laws and practices within their respective communities. At the
\ncommencement of the tribal assembly, the elder\/s and\/or the traditional leaders shall open the assembly,
\npresent the draft proposed ground rules to be observed by the assembly, and facilitate the selection of
\nthe delegates to the inter-tribal convention.<\/p>\n

The tribal assemblies formed by and among the members of each of the NMIP tribes shall
\nrespectively nominate two (2) of its members to the position of sectoral representative. In addition, the
\nrespective tribal assemblies shall nominate ten (10) delegates among themselves to participate and vote
\nin the inter-tribal convention; Provided, that to ensure proportional gender representation, at least fifty
\npercent (50%) of both the delegates and the nominees to the inter-tribal convention shall be non-Moro
\nindigenous women. The list of nominees and delegates shall be submitted to the BEO.<\/p>\n

SECTION 26. Inter-Tribal Convention<\/strong>. The regional inter-tribal convention shall be the venue
\nwherein all the NMIP tribes shall determine, through a consensus, as to the two (2) members among
\nthe list of nominees, who must be a male and a female, that will serve as their sectoral representatives
\nin the Parliament. The inter-tribal convention shall exercise inclusivity and full participation and shall
\nadhere to customary laws and indigenous processes.<\/p>\n

SECTION 27. Monitoring of Assemblies and the Inter-Tribal Convention<\/strong>. – The BEO shall
\nmonitor and observe the conduct of the assemblies and the inter-tribal convention, to ensure that the
\nprinciples and the guidelines for the conduct of the election are observed.<\/p>\n

SECTION 28. Election of Non-Moro Indigenous Peoples Sectoral Representative<\/strong>. The election
\nof the representatives for NMIP shall be based on the results of decision made at the regional inter\u0002tribal convention based on a consensus among the delegates thereof. The delegates shall, by and among
\nthemselves, agree upon two (2) nominees from among the nominees presented by the different highest
\nassemblies per NMIP tribe.<\/p>\n

The participation of the nominees from the highest assemblies per NMIP tribe shall be limited only
\ninsofar as persuading the convention delegation to choose for him\/her by sharing his\/her intended
\nflagship programs, and addressing issues and questions propounded to him\/her by the delegation
\naffecting the collective interest and aspirations of NMIPs.<\/p>\n

SECTION 29. NMIP Sectoral Representative Proclamation<\/strong>. The names of the two (2)
\nsectoral representatives determined at the regional inter-tribal convention shall be submitted to the
\nCOMELEC, through the BEO within seven (7) calendar days before the parliamentary elections.<\/p>\n

SECTION 30. Vacancy in the Sectoral Representative Seat<\/strong>. – In case of death, permanent
\ndisability, incapacity, or refusal to perform duties and responsibilities of the elected NMIP
\nrepresentative, the nominating NMIP assembly of the representative shall convene within fifteen (15)<\/p>\n

Page 17 of 42
\nBAA 35<\/p>\n

days after the vacancy to nominate one (1) representative to serve the unexpired term. The name of the
\nsuccessor shall be submitted to the COMELEC through the BEO. The COMELEC shall proclaim the
\nsuccessor as the new representative, who shall sit as such until the end of the unexpired term of the
\noriginal representative.<\/p>\n

E. Election of Traditional Leaders<\/strong><\/p>\n

SECTION 31. Manner of Election of Traditional Leaders<\/strong>. \u2013 Each Sultanate shall be given
\nequal opportunity, on rotational basis, to represent the traditional leaders in the Parliament as a sectoral
\nrepresentative.<\/p>\n

For this purpose, the Bangsamoro Commission for the Preservation of Cultural Heritage
\n(BCPCH) shall hold a regional convention of Sultans representing the Sultanates of: a) Sulu, b)
\nMaguindanao, Kabuntalan, and Buayan, 3) Ranao, and 4) Iranun for the purpose of determining the
\norder by which each of the Sultanate shall represent the sector in the Parliament. The result of this
\nconvention shall be submitted to the BEO.<\/p>\n

The BEO shall then call an intra-Sultanate assembly of the relevant Sultanate to determine from
\namong its members the traditional leader to occupy the Parliamentary seat.<\/p>\n

SECTION 32. Traditional Leaders Representative Proclamation<\/strong>. – The name of the traditional
\nleaders\u2019 representative determined at the Intra-Sultanate Assembly shall be submitted to the
\nCOMELEC, through the BEO within seven (7) calendar days before the parliamentary elections.<\/p>\n

F. Election of \u2018Ulama in the Bangsamoro Parliament<\/strong><\/p>\n

SECTION 33. Election of \u2018Ulama Sectoral Representative<\/strong>. – Election of \u2018Ulama Sectoral
\nRepresentative. – The ‘Ulama sectoral representative shall be selected through a process that upholds
\nthe principle of Shura (consultation) and equal opportunity for representation on the basis of rotation.
\nThe Bangsamoro Darul Ifta\u2019 shall create an \u2018Ulama Council within ninety (90) days from the
\npromulgation of this Code. The council shall be composed of seven (7) respected and knowledgeable
\nreligious leaders coming from the six (6) provinces of the Bangsamoro Autonomous Region and one
\n(1) from the Special Geographic Area.<\/p>\n

The Council will convene and organize the \u2018Ulama Assemblies and the Regional Ulama
\nConvention and determine the manner, process, and procedures for the election of their representative
\nin the Parliament in accordance with this Code and the schedule set by the BEO.
\nSECTION 34. \u2018Ulama Assembly; Selection of Nominees<\/strong>. – The selection of nominees for
\nthe Ulama shall be conducted in two levels, namely the:<\/p>\n

a.<\/strong> Provincial \u2018Ulama assembly; and
\nb.<\/strong> Regional \u2018Ulama convention, in accordance with the schedule to be set by the COMELEC.<\/p>\n

Each of the provincial assemblies shall have the authority to choose their delegates that will
\nparticipate in the regional \u2018Ulama convention and set the criteria for participation, taking into
\nconsideration the track record of the delegates.<\/p>\n

SECTION 35. \u2018Ulama Representative Proclamation<\/strong>. – The name of the \u2018Ulama representative
\ndetermined at the \u2018Ulama Convention shall be submitted to the COMELEC, through the BEO within
\nseven (7) calendar days before the parliamentary elections. The COMELEC shall proclaim the said
\nsectoral representative.<\/p>\n

G. Common Provisions for Election of NMIPs, Traditional Leaders, and \u2018Ulama <\/strong>
\nRepresentatives<\/strong><\/p>\n

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\nBAA 35<\/p>\n

SECTION 36. Opposition<\/strong>. – Oppositions to the manner of election of sectoral representatives
\nand\/or the qualifications of the candidates therein shall be filed with the COMELEC, through the
\nBEO, within fifteen (15) days from their respective election.<\/p>\n

SECTION 37. Failure of Election of NMIPs, Traditional Leaders, and \u2018Ulama Sectoral <\/strong>
\nRepresentatives<\/strong>. – In case of failure of the NMIPs, Traditional Leaders, and \u2018Ulama to elect their
\nrespective representative\/s in the parliament within the period provided by the BEO, the seat\/s
\nreserved for their particular sector shall remain vacant until such time that a representative is elected.<\/p>\n

SECTION 38. Vacancy in NMIP, Traditional and \u2018Ulama Sectoral Seats<\/strong>. – In case of death,
\npermanent disability, incapacity, or refusal to perform duties and responsibilities of the elected
\nsectoral representative, the nominating sector shall hold a special assembly and convention within
\nfifteen (15) days after the vacancy to elect the successor who shall serve the unexpired term
\nconsistent with the rules in votation. The procedure prescribed in the election process for the
\naffected sector shall be observed.<\/p>\n

SECTION 39. Submission of Sectoral Election Mechanisms<\/strong>. \u2013 The mechanisms adopted by
\nthe NMIP, Traditional Leaders, and \u2018Ulama sectors on the election of their respective
\nrepresentatives in the Parliament shall be submitted to the COMELEC, through the BEO, within the
\nperiod it may prescribe.<\/p>\n

SECTION 40. Proclamation of Sectoral Representatives<\/strong>. – The elected sectoral
\nrepresentatives shall be proclaimed by COMELEC simultaneously with the other elected Members
\nof the Parliament.<\/p>\n

ARTICLE V<\/strong>
\nELECTIONS UPON DISSOLUTION OF PARLIAMENT<\/strong><\/p>\n

SECTION 1. Dissolution of Parliament Upon a Vote of No Confidence<\/strong>. – Upon dissolution
\nof the Parliament as declared by the Wali, the latter shall call for a new parliamentary election. Such
\ncall shall be transmitted in writing to the Parliament as well as to the COMELEC, through the BEO.<\/p>\n

SECTION 2. Elections Upon Dissolution of the Parliament<\/strong>. – The COMELEC, through the
\nBEO, shall set the date of special elections, which shall not be later than one hundred twenty (120) days
\nfrom the date of dissolution.<\/p>\n

It shall receive manifestations from registered regional political parties, registered sectoral
\nparties or organizations stating their intent to participate in the elections.<\/p>\n

SECTION 3. Conduct of Special Elections<\/strong>. – The COMELEC shall conduct the elections on
\nthe date set therefor, and shall ensure that laws, rules, and guidelines pertaining to said elections are
\nenforced and administered.<\/p>\n

It shall thereafter proclaim the winners of the said elections.<\/p>\n

ARTICLE VI<\/strong><\/p>\n

THE VOTERS<\/strong><\/p>\n

SECTION 1. Right of Suffrage<\/strong>. – Suffrage may be exercised by all citizens of the Philippines
\nin the Bangsamoro not otherwise disqualified by law, who are at least eighteen (18) years of age, and
\nwho shall have resided in the Philippines for at least one (1) year, and in the place in the Bangsamoro
\nwherein they propose to vote, for at least six (6) months immediately preceding the election. No literacy,
\nproperty, or other substantive requirement shall be imposed on the exercise of suffrage.<\/p>\n

SECTION 2. Who May Register<\/strong>. – Any Filipino citizen in the Bangsamoro who is not yet a
\nregistered voter may apply for registration, provided he\/she possesses the following qualifications:<\/p>\n

Page 19 of 42
\nBAA 35<\/p>\n

a. National, regional, and local elections\/ barangay elections:<\/p>\n

1. At least eighteen (18) years of age on or before the day of the elections;
\n2. A resident of the Philippines for at least one (1) year and in the place wherein he\/ she proposes
\nto vote, for at least six (6) months immediately preceding the elections; and
\n3. Not otherwise disqualified by law.<\/p>\n

b. Sangguniang Kabataan elections:<\/p>\n

1. At least fifteen (15) but not more than thirty (30) years of age and residing in the barangay for
\nat least six (6) months on or before Sangguniang Kabataan Elections; and
\n2. Not otherwise disqualified by law.<\/p>\n

Any person who transfers residence to another city, municipality, or country solely by reason of
\nhis\/her occupation; profession; employment in private or public service; educational activities; work in
\nmilitary or naval reservations; service in the army, navy, or air force; the national police force; or
\nconfinement or detention in government institutions in accordance with law, shall be deemed not to
\nhave lost his\/her original residence.<\/p>\n

SECTION 3. Who Are Disqualified to Register<\/strong>. – The following are disqualified to register as a
\nvoter:<\/p>\n

a. Any person who has been sentenced by final judgment to suffer imprisonment for not less than
\none (1) year, such disability not having been removed by plenary pardon or amnesty;<\/p>\n

b. Any person who has been adjudged by final judgment by a competent court or tribunal of having
\ncommitted any crime involving disloyalty to the duly-constituted government, such as rebellion,
\nsedition, violation of the firearms laws, or any crime against national security unless restored to
\nhis\/her full civil and political rights in accordance with law; and<\/p>\n

c. Insane or incompetent person as declared by competent authority unless subsequently declared
\nby proper authority that such person is no longer insane or incompetent.<\/p>\n

\nAny person disqualified to register under paragraphs (a) and (b) above shall automatically reacquire
\nthe right to vote upon expiration of five (5) years after service of sentence.<\/p>\n

SECTION 4. Registration Requirements<\/strong>. Any person desiring to be registered as a voter shall
\naccomplish in triplicate a voter’s affidavit in which shall be stated the following data:<\/p>\n

\na. Name, surname, middle name, and maternal surname;
\nb. Sex;
\nc. Date and place of birth;
\nd. Citizenship;
\ne. Civil status, if married, and name\/s of spouse\/s;
\nf. Periods of residence in the Philippines and in the place of registration;
\ng. Exact address with the name of the street and house number or, in case there is none, a brief
\ndescription of the locality and the place;
\nh. Membership in any of the following sectors, but not more than three (3):
\n1. Women
\n2. Youth
\n3. Settler Communities
\n4. Ulama
\n5. Traditional Leaders
\n6. Non-Moro IP<\/p>\n

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\nBAA 35<\/p>\n

i. A statement that the applicant has not been previously registered, otherwise he\/she shall be
\nrequired to attach a sworn application for cancellation of his\/her previous registration; and
\nj. Such other information or data which may be required by the BEO.<\/p>\n

The voter’s affidavit shall also contain three (3) specimens of the applicant’s signature and clear
\nand legible prints of his\/her left and right hand thumb marks and shall be sworn to and filed with the
\nelectoral office together with four copies of the latest identification photograph to be supplied by the
\napplicant.<\/p>\n

The oath of the applicant shall include a statement that he\/she does not have any of the
\ndisqualifications of a voter and that he\/she has not been previously registered in the precinct or in any
\nother precinct.<\/p>\n

Before the applicant accomplishes his\/her voter’s affidavit, the applicant shall be apprised of the
\nqualifications and disqualifications prescribed by law for a voter. It shall be ascertained that the
\naccomplished voter’s affidavit contains all the data therein required and that the applicant’s specimen
\nsignatures, the prints of his\/her left and right hand thumb marks, and his\/her photograph are properly
\naffixed in each of the voter’s affidavit.<\/p>\n

SECTION 5. Proof of Membership in a Sector<\/strong>. Any person who, for purposes of the previous
\nsection, declares himself\/herself to be a member of a particular sector\/s, shall present a certification
\nattesting to the fact of such membership:<\/p>\n

a. from the Ministry of Indigenous Peoples\u2019 Affairs, for members of the Non-Moro Indigenous
\nPeoples;
\nb. from the Office of Settler Communities, for members of the settler communities;
\nc. from the Bangsamoro Darul Ifta\u2019, for the Ulama; and,
\nd. from the Bangsamoro Commission on the Preservation of Cultural Heritage, for traditional
\nleaders.<\/p>\n

The aforementioned offices shall work with the Ministry of the Interior and Local Government
\nthrough its Municipal Local Government Operations Officer (MLGOO) for the purpose of issuance of
\nthe certifications under this section.<\/p>\n

For one declaring himself\/herself to be a member of the women and\/or youth sector, the
\nsubmission of the birth certificate, any valid government ID, or a certification from the barangay of
\nhis\/her residence reflecting the sex or date of birth, respectively, of the holder will suffice.<\/p>\n

SECTION 6. Illiterate or PWD Applicants<\/strong>. – The application for registration of an illiterate
\nor physically disabled person may be prepared by any relative within the fourth civil degree of
\nconsanguinity or affinity or by the Election Officer or any member of an accredited citizen\u2019s arm using
\nthe data supplied by the applicant. The fact of illiteracy or disability shall be so indicated in the
\napplication.<\/p>\n

Any person acting on behalf of any incumbent elective official shall be prohibited from assisting
\nan illiterate or physically disabled person from registering.<\/p>\n

\nSECTION 7. Publication of the Voter\u2019s List<\/strong>. – At the first hour of the working day following
\nthe last day of registration of voters, a certified copy of the list of voters shall be delivered to the
\nprovincial election supervisor of the province, another copy to the BEO, and another, likewise certified,
\nshall be sent to the COMELEC, in whose offices said copies shall be open to public inspection during
\nregular office hours and published in the COMELEC website. On the same day and hour, a copy of the
\nlist shall be posted in a secure and conspicuous place on the door or near the same at a height of a meter
\nand a half, where it may be conveniently examined by the interested parties.<\/p>\n

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\nBAA 35<\/p>\n

SECTION 8. Publication of the Decision<\/strong>. – The list of applicants for registration and the action
\ntaken thereon by the Election Registration Board, whether approved or denied, shall be posted in the
\nBEO Bulletin Board and shall be published on the COMELEC website for ten (10) consecutive days
\nfrom the time the Board has rendered its decision. Any interested registered voter of the municipality
\nor city may be furnished a copy thereof, provided reasonable fees for its reproduction is provided for
\nby the party.<\/p>\n

SECTION 9. Examination of Registration Records<\/strong> – All registration records in the possession
\nof the city or municipal election officer, the provincial election supervisor, and the BEO shall, during
\nregular office hours, shall be open to examination by the public subject to Data Privacy Act. Law
\nenforcement agencies shall, upon prior authorization by the BEO, have access to said registration
\nrecords should the same be necessary to, or in aid of, their investigative functions and duties, subject to
\nregulations promulgated by the COMELEC.<\/p>\n

SECTION 10. Review and Annulment of Book of Voters<\/strong>. \u2013 Within 120 days from the
\nenactment of this Code, the Election Officers of the BEO, shall conduct a thorough review of the Book
\nof Voters to check for patent irregularity and statistical improbability of the data contained therein.<\/p>\n

The Commission shall, upon recommendation of the election officer as a result of the review,
\nor upon verified petition of any voter or election officer or duly registered political party, and after
\nnotice and hearing, annul any book of voters that is not prepared in accordance with the provisions of
\nthis Code or was prepared through fraud, bribery, forgery, impersonation, intimidation, force or any
\nsimilar irregularity, or which contains data that are statistically improbable.<\/p>\n

No order, ruling or decision annulling a book of voters shall be executed within ninety (90)
\ndays before an election.<\/p>\n

ARTICLE VII<\/strong><\/p>\n

ELECTION ADMINISTRATION<\/strong><\/p>\n

Chapter 1<\/strong><\/p>\n

ELIGIBILITY OF CANDIDATE, FILING OF CERTIFICATE OF CANDIDACY AND <\/strong>
\nOTHER PRE-ELECTION ACTIVITIES<\/strong><\/p>\n

SECTION 1. Candidates Holding Appointive Office or Positions<\/strong>. – Subject to exceptions
\nprovided in this Code, any person holding a public appointive office or position, including active
\nmembers of the Armed Forces of the Philippines, and officers and employees in government-owned or
\ncontrolled corporations, shall be considered ipso facto resigned from his\/her office upon the filing of
\nhis\/her certificate of candidacy.<\/p>\n

A. Certificate of Candidacy<\/strong><\/p>\n

\nSECTION 2. Certificate of Candidacy (COC) of District and Sectoral Representative Candidates. <\/strong>
\n\u2013<\/p>\n

a. Except for the NMIP, traditional leaders, and the Ulama, candidates for district and sectoral
\nrepresentatives shall file their sworn certificates of candidacy before the BEO through the
\nappropriate Office of the Provincial Election Supervisor within the period fixed by the
\nCOMELEC for filing of candidacy.<\/p>\n

b. For party representation elections, the registered regional political parties shall file their
\ncertificates of candidacy, together with their closed lists of nominees and the latter\u2019s<\/p>\n

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\nBAA 35<\/p>\n

certifications of nomination and acceptance (CONA). The political party\u2019s COC shall be sworn
\nto by its authorized representative, as provided in its constitution and by-laws.<\/p>\n

In addition, parties shall likewise declare in the COC that it has complied with the thirty percent
\n(30%) women nominees requirement and that no nominees are related to each other within the second
\ndegree of consanguinity or affinity.<\/p>\n

The COC shall be under oath, in five (5) legible copies, in the form prescribed by the COMELEC,
\nand to be submitted together with the CONA within the period fixed therefor.<\/p>\n

SECTION 3. Contents and Form of Certificate of Candidacy<\/strong>. \u2013 The COC shall be under
\noath and shall state:<\/p>\n

a. Office aspired for;
\nb. Name of the aspirant;
\nc. Age on election day;
\nd. Sex;
\ne. Civil Status;
\nb. Place and date of birth;
\nc. Citizenship, whether natural-born or naturalized;
\nd. The duly registered regional political party to which the aspirant belongs, or a coalition
\nof parties one of which the aspirant belongs to, or, in the case of the sectoral
\nrepresentative candidate, the sectoral organization to which the aspirant belongs;
\ne. If married, the name\/s of the spouse\/s;
\nf. Complete address for election purposes;
\ng. Contact number and email address, if any;
\nh. Residence, giving the exact address and the number of years residing in the place where
\nthe aspirant intends to be elected up to the day before the election;
\ni. The barangay, city, municipality and province where the aspirant is a registered voter or
\nwill be a registered voter;
\nj. Profession or occupation or employment;
\nk. That the aspirant is eligible for said office;
\nl. That the aspirant is not a permanent resident or an immigrant to a foreign country;
\nm. That the aspirant has executed a sworn renunciation of foreign citizenship (if applicable);
\nn. That the aspirant will file, with the COMELEC, within 30 days after Election Day, a
\nfull, true and itemized Statement of Contributions and Expenditures (SOCE) in
\nconnection with the election;
\no. That the aspirant will support and defend the Constitution of the Republic of the
\nPhilippines and will maintain true faith and allegiance thereto;
\np. That the aspirant will obey the laws, legal orders, decrees, resolutions, rules and
\nregulations promulgated and issued by the duly constituted authorities;
\nq. That the aspirant assumes the foregoing obligations voluntarily without mental
\nreservation or purpose of evasion;
\nr. That the aspirant gives consent to the COMELEC to collect, disclose or share, and
\nprocess the personal data provided for election and other lawful purposes in accordance
\nwith the Privacy Notice and as may be authorized by existing laws;
\ns. That the facts stated in the certificate are true and correct to the best of the aspirant\u2019s
\nknowledge; and
\nt. Whether the aspirant has been found liable for an offense\/s which carries with it the
\naccessory penalty of perpetual disqualification to hold public office, which has become
\nfinal and executory.<\/p>\n

Unless there was an official change of name through a court approved proceeding, an aspirant
\nshall use in the COC:<\/p>\n

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\nBAA 35<\/p>\n

a. the name registered in the Office of the Local Civil Registrar;
\nb. the name by which such aspirant has been baptized or
\nc. any other name under the provisions of existing law or in the case of a Muslim, a Hadji
\nname after performing the prescribed religious pilgrimage. However, when there are
\ntwo or more aspirants for an office with the same name and surname, each aspirant, shall
\nneed to state a paternal and maternal surname, except the incumbent who may continue
\nto use the name and surname stated in the COC when last elected. An aspirant may
\ninclude one nickname or stage name by which aspirant is generally or popularly known
\nin their locality; Provided that, no aspirant shall use the nickname or stage name of
\nanother. Only one nickname or stage name shall be considered. An aspirant shall also
\naffix a passport-size photograph taken within the last six (6) months, and shall attach a
\nbio-data and the program of government not exceeding one hundred (100) words.<\/p>\n

A documentary stamp tax shall be attached to the COC in the amount to be set by the
\nCOMELEC.<\/p>\n

SECTION 4. Filing of Certificate of Candidacy by a Representative<\/strong>. \u2013 Filing of COC by a
\nrepresentative may only be done through a person who possesses a sworn Authority to File COC.<\/p>\n

SECTION 5. Notice of Denial of Due Course<\/strong>. – A notice that the received and filed COC has been
\ndenied due course shall be posted on the bulletin board of the Election Officer within three (3) days
\nfrom discovery. Furthermore, the Office of the Election Officer shall notify the candidate of such denial
\nthrough the candidate\u2019s contact number or e-mail address provided in his\/her certificate of candidacy.<\/p>\n

SECTION 6. Withdrawal of Certificate of Candidacy<\/strong>. The individual or political party
\nrepresentative who filed the COC as provided in Section 2, may, prior to the election, withdraw the
\nsame by submitting a written declaration under oath stating said withdrawal to the same office to which
\nthe COC was submitted.<\/p>\n

B. Certificate of Nomination and Acceptance<\/strong><\/p>\n

SECTION. 7. Filing of Certificate of Nomination and Acceptance of Nominees of Regional <\/strong>
\nPolitical Parties\/Coalition<\/strong>. – Certificates of Nomination and Acceptance (CONAs) shall be filed by:<\/p>\n

a. Party nominees of the duly registered political party or coalition of political parties;
\nb. District representative candidates affiliated and nominated by a duly registered regional political
\nparty;
\nc. Candidates affiliated to and nominated by sectoral organizations or duly registered regional
\npolitical parties.<\/p>\n

SECTION 8. Contents and Form of the Certificate of Nomination<\/strong>. – The Certificate of
\nNomination of a Political Party or a coalition thereof shall contain the following:<\/p>\n

a. Name of the registered political party or a coalition thereof;
\nb. Name of the Chairperson\/President\/Secretary-General of the nominating political party or in the
\ncase of a coalition, the respective names of said official of each political party comprising the
\ncoalition;
\nc. Name and address of all nominees, according to rank;
\nd. A certification that the nominees have all the qualifications and none of the disqualifications for
\nthe elective office;
\ne. A documentary stamp in the amount to be set by the COMELEC;<\/p>\n

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\nBAA 35<\/p>\n

f. The signature and attestation under oath, either by the party\u2019s Chairperson, President, Secretary\u0002General, or any other duly authorized officer of the nominating party or coalition. In the case of
\nthe coalition, the appropriate officers of the respective parties that comprise the coalition.<\/p>\n

SECTION 9. Contents and Form of the Certificate of Acceptance<\/strong>. The Certificate of Acceptance
\nof nominees of a registered regional political party or a coalition thereof shall contain the following:<\/p>\n

a. Name of the nominee;
\nb. Name of the political party or a coalition thereof;
\nc. Date and place of birth of the nominee;
\nd. Age;
\ne. Gender;
\nf. Civil status;
\ng. Profession or occupation;
\nh. Address or residence;
\ni. Contact number and email address, if any;
\nj. Number of years residing in the Philippines immediately preceding the election;
\nk. A statement of the nominee that he\/she: (a) is a citizen of the Philippines; (b) registered voter in
\nthe Bangsamoro region; (c) eligible for the office for which he\/she is nominated; (d) possesses all
\nthe qualifications and none of the disqualifications; (e) will support and defend the Constitution of
\nthe Republic of the Philippines and will maintain true faith and allegiance thereto; (f) will obey the
\nlaws, legal orders, decrees, resolutions, rules and regulations promulgated and issued by the duly
\nconstituted authorities; (g) assumes the foregoing obligations voluntarily without mental reservation
\nor purpose of evasion and the facts stated therein in the Certificate are true and correct to the best of
\nthe nominee\u2019s personal knowledge;
\nl. Original signature of the nominee;
\nm. Passport-size photograph of the nominee taken within the last six (6) months;
\nn. Thumb mark of the nominee; and
\no. A documentary stamp in the amount prescribed by the COMELEC;
\np. His\/her name does not appear on the list of nominees of another party except in cases of a
\ncoalition.<\/p>\n

C. Election Campaign<\/strong><\/p>\n

SECTION 10. Removal, Destruction or Defacement of Lawful Election Propaganda <\/strong>
\nProhibited<\/strong>. – It shall be unlawful for any person during the campaign period to remove, destroy,
\nobliterate, or in any manner deface or tamper with, or prevent the distribution of lawful election
\npropaganda.<\/p>\n

SECTION 11. Prohibited Forms of Election Propaganda<\/strong>. – Pursuant to the authority of the
\nCOMELEC to supervise and regulate election propaganda, whether on television, cable television,
\nradio, newspapers, or any other medium, prohibited forms of election propaganda shall be governed by
\nsubsisting laws and issuances, as may be promulgated by COMELEC.<\/p>\n

SECTION 12. BEO Media Space and Time<\/strong>. – The BEO shall procure media space in at least one
\n(1) newspaper of general circulation and air time in at least one (1) major broadcasting station or entity
\nin every province or city: Provided, however, That in the absence of said newspaper, publication shall<\/p>\n

Page 25 of 42
\nBAA 35<\/p>\n

be done in any other magazine or periodical in the said province or city, which shall be known as ” BEO
\nSpace”: Provided, further, That in the absence of said broadcasting station or entity, broadcasting shall
\nbe done in any radio or television station in said province or city, which shall be known as \u201cBEO Time\u201d.
\nSaid time shall be allocated to the BEO free of charge, while said space shall be allocated to the BEO
\nupon payment of just compensation. The procured time and space shall be utilized exclusively by the
\nBEO for public information dissemination on election-related concerns.<\/p>\n

SECTION 13. Common Poster Areas<\/strong>. \u2013 The BEO shall designate common poster areas in strategic
\npublic places such as markets, barangay centers and the like wherein candidates can post, display, or
\nexhibit election propaganda to announce or further their candidacy.<\/p>\n

Whenever feasible, common billboards may be installed by the BEO and\/or non-partisan private or
\ncivic organizations, as may be authorized by the BEO, after due notice and hearing, in strategic places
\nwhere it may be readily seen or read, with the heaviest pedestrian and\/or vehicular traffic in the city or
\nmunicipality.<\/p>\n

The space in such common poster areas or billboards shall be allocated free of charge, if feasible,
\nequitably and impartially among the candidates in the province, city or municipality.<\/p>\n

SECTION 14. Ballot Structur<\/strong>e. \u2013 As far as practicable, the official ballots for the BARMM
\nElections shall include, aside from the name of all candidates, each candidate’s photo\/logo and a “None
\nof the Above” option. The COMELEC, through the BEO, shall take efforts to ensure that the
\nBangsamoro people are aware of all candidates running for elections in BARMM.<\/p>\n

ELECTION DAY<\/strong><\/p>\n

\nSECTION 1. Precincts and their Establishment<\/strong>. – The unit of territory for the purpose of
\nvoting is the election precinct, and every barangay shall have at least one such precinct.<\/p>\n

In consideration of the expanded geographic territory of the Bangsamoro Autonomous Region
\nas a political unit, the BEO shall submit to the COMELEC en banc, for approval, a proposed Project of
\nPrecincts (POPs), at least one hundred sixty (160) days before the day of the first parliamentary election
\nin the BARMM.<\/p>\n

No territory comprising an election precinct shall be altered or a new precinct be established at
\nthe start of the election period.<\/p>\n

Splitting of an original precinct or merger of two or more original precincts shall not be allowed
\nwithout redrawing the precinct map\/s one hundred twenty (120) days before election day.<\/p>\n

SECTION 2. Clustering of Precincts<\/strong>. \u2013 The COMELEC shall provide rules and regulations
\non the clustering of election precincts for every election, referendum, initiative or plebiscite, including
\nthe period within which the clustering shall be prepared and submitted by the Election Officer. The
\nclustering shall be reflected in the POPs, which shall be submitted to the COMELEC for final approval.<\/p>\n

Any changes in the clustering of POPs shall be carried out in consultation with voters directly
\naffected to avoid disenfranchisement and prevent undue advantage of any candidate.<\/p>\n

No changes in clustering shall proceed in violation of this mandatory requirement. Provided
\nfurther, that no changes in clustering shall be done within 30 days from the scheduled election.<\/p>\n

SECTION 3. Creation of Precincts for Persons with Disabilities, Senior Citizens, and <\/strong>
\nPregnant and Lactating Women<\/strong>. \u2013The COMELEC, through the BEO shall establish precincts of a<\/p>\n

Page 26 of 42
\nBAA 35<\/p>\n

non-territorial nature, exclusively for persons with disabilities and senior citizens who in their
\nregistration records manifest their intent to avail of their right to a separate precinct, as well as for
\npregnant and lactating women, whose mobility on the day of the election may be restricted such as
\nwould necessitate them to vote at the created precincts as hereunder provided. Pursuant hereto, the
\nCOMELEC, through the BEO, shall establish at least one (1) such precinct, assigned to accessible
\npolling places, for every voting center. Such precincts shall be provided with assistive devices as well
\nas the services of experts in assisting persons with disabilities.<\/p>\n

SECTION 4. Arrangement and Contents of Polling Places<\/strong>. – Each polling place shall
\nconform as much as possible to the sketch as may be prescribed by the BEO, in conformity with the
\ninstructions of the COMELEC, if any, and which shall be posted on the bulletin board of the election
\nofficers, at least thirty (30) days prior to any election.<\/p>\n

SECTION 5. Voting Booth<\/strong>. – There shall be in each polling place at least ten (10) voting booths
\nof such size, specifications and materials as the COMELEC may provide to enable the voters to fill out
\ntheir ballots secretly.<\/p>\n

SECTION 6. Electoral Board, Constitution and Composition<\/strong>. \u2013 The COMELEC through
\nthe Election Officer, shall constitute and appoint the members of the Electoral Boards for every
\nclustered or grouped precinct in the district, city or municipality.<\/p>\n

Should there be a lack of public school teachers willing, available or qualified to serve, the
\nCOMELEC may instead appoint the following persons in this order of preference:<\/p>\n

a. Private school teachers;
\nb. National government employees:<\/p>\n

1.MBHTE nonteaching personnel;
\n2.Other national government officials and employees holding regular or permanent
\npositions, excluding uniformed personnel of the Department of National Defense
\nand all its attached agencies;<\/p>\n

c. Members of the COMELEC-accredited citizen arms or other civil society organizations
\nand nongovernmental organizations duly accredited by the COMELEC; and
\nd. Any registered voter of the city or municipality of known integrity and competence who
\nis not connected with any candidate or political party.<\/p>\n

In cases where the peace and order situation so requires as determined by the COMELEC and
\nwhere there are no qualified voters willing to serve, uniformed personnel of the Philippine National
\nPolice shall be deputized to render election service as a last resort.<\/p>\n

The Electoral Board shall be composed of a Chairperson, Poll Clerk and Third Member, all of
\nwhom shall be public school teachers who are willing and available to render election service.
\nIn case of an automated election system (AES), at least one (1) member of the Electoral Board
\nshall be an information technology-capable person trained for the purpose and as certified by the
\nMinistry of Science and Technology (MOST) to use the AES.<\/p>\n

SECTION 7. Qualifications of the Members of the Electoral Board<\/strong>. \u2013 No person shall be
\nappointed as Member of the Electoral Board, whether regular, temporary or as a substitute, unless such
\nperson is:<\/p>\n

a) Of good moral character and irreproachable reputation;
\nb) Of known integrity and competence;
\nc) A registered voter;<\/p>\n

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\nBAA 35<\/p>\n

d) Has never been convicted of any election offense or of any crime punishable by more
\nthan six (6) months of imprisonment, or has no pending information for any election offense
\nfiles against him; and<\/p>\n

e) Able to speak and write Filipino, English or any of the languages in the BARMM.<\/p>\n

SECTION 8. Disqualification of Members of the Electoral Board<\/strong>. \u2013 No person shall be
\nappointed as Member of the Electoral Board if said person is related within the fourth civil degree of
\nconsanguinity or affinity to any member of the same Electoral Board or to any candidate to be voted
\nfor in the polling place of assignment or to the said candidate\u2019s spouse.<\/p>\n

SECTION 9. Powers and Functions of the Electoral Board<\/strong>. \u2013 In addition to the powers and
\nfunctions prescribed by law or by the rules and regulations issued by the COMELEC, the EBs shall:<\/p>\n

a. Verify the identity of a voter using the Election Day Computerized Voters\u2019 List (EDCVL);<\/p>\n

b. Conduct the voting in the polling place and administer the counting of votes;<\/p>\n

c. Act as deputies of the COMELEC in the supervision and control of the conduct of elections in
\nthe polling place;<\/p>\n

d. Maintain order within the polling place and its premises to keep an open and unobstructed access
\nthereto;<\/p>\n

e. Prohibit the use of cellular phones, cameras or any recording device by the voters during voting;
\nand<\/p>\n

f. Perform such other functions as may be prescribed by the COMELEC.<\/p>\n

SECTION 10. Relief and Substitution of Members of the Electoral Board<\/strong>. – The members of
\nthe Electoral Board shall not be relieved unless disqualified as provided in laws and\/or rules
\npromulgated by the COMELEC.<\/p>\n

SECTION 11. Grounds for Appointment of Qualified Substitutes<\/strong>. – In case there are not enough
\npublic school teachers, who are qualified, willing and available, qualified substitutes may be appointed
\nby the COMELEC, through the EO, in either of the following cases:<\/p>\n

a. There is a lack of public school teachers to be constituted as Members of the EBs based on the
\ncertified list submitted by the MBHTE official to the EO vis-a-vis the number of clustered or
\ngrouped precincts in the district, city or municipality; or<\/p>\n

b. One or more of the public school teachers in the certified list has or have been disqualified by
\nthe EO and there are no other public school teachers in the locality who are qualified, willing
\nand available to be appointed as substitute\/s.<\/p>\n

Substitutes shall be on-call on election day. The EO shall cause the deployment of substitute in
\ncase any member of the EB fails to report in their designated polling place, except in the following
\ninstances where the members of the EB present, may appoint a registered voter as temporary member,
\nuntil the regular member appears:<\/p>\n

a. There is considerable distance between the residence of the substitute and the location of the
\npolling place;<\/p>\n

b. Lack or difficulty of means of transportation; and<\/p>\n

c. Inability of the EB to inform the EO of the non-appearance of any member.<\/p>\n

SECTION 12. Voting Privilege of the Electoral Board<\/strong>. \u2013 Members of the EB may vote in the
\npolling places where they are assigned on election day provided that:<\/p>\n

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\nBAA 35<\/p>\n

a. They are registered voters of the city within the same legislative district, or municipality where
\nthey are assigned; and<\/p>\n

b. They shall add in the EDCVL their names and precinct numbers and the place where they are
\nactually registered and shall note such fact in the Minutes.<\/p>\n

Any member of the EB, who is not registered in the city or municipality where they are assigned,
\nor registered in the city of another legislative district, may vote in the polling place where they are
\nregistered, provided that:<\/p>\n

a. The voting in their place of assignment is light;
\nb. Their absence shall not be for more than thirty (30) minutes;
\nc. The members of the EB shall schedule the voting so that only one (1) member shall leave at any
\ngiven time;
\nd. They must be given priority in voting; and
\ne. The fact that they exercised their voting privilege shall be noted in the Minutes.<\/p>\n

In the alternative, the EB may avail of local absentee voting, the rules thereon shall be provided by
\nthe COMELEC.<\/p>\n

SECTION 13. Proceedings of the Electoral Board<\/strong>. – The meetings of the EB shall be public and
\nshall be held only in the polling place authorized by the COMELEC.<\/p>\n

The EB shall act through its chairperson, and without delay, decide by majority vote, all questions
\nthat may arise in the performance of its duties.<\/p>\n

SECTION 14. Prohibition of Political Activity<\/strong>. – No member of the EB shall engage in any
\npartisan political activity or take part in the election except to vote and discharge his\/her duties as such
\nand to vote.<\/p>\n

SECTION 15. Watchers<\/strong> – Each candidate, duly registered political party or coalition of political
\nparties, or organizations participating in the Bangsamoro Parliament Election, and duly accredited
\ncitizens’ arms, may appoint in every polling place two (2) watchers who shall serve alternately.
\nHowever, candidates for Senator, Member of the Sangguniang Panlalawigan, Sangguniang
\nPanlungsod, and Sangguniang Bayan belonging to the same party or coalition, shall collectively be
\nentitled to one (1) watcher.<\/p>\n

\nOther civic, religious, professional, business, service, youth, and any other similar organizations in
\nthe BARMM, with prior authority of the COMELEC, shall be entitled collectively to appoint one (1)
\nwatcher in every polling place.<\/p>\n

\nIf the space in a polling place reserved for watchers is insufficient, preference shall be given to the
\nwatchers of the dominant majority and dominant minority parties, as determined by the COMELEC.
\nWatchers of the citizens’ arm shall be given preferential position closest to the EB.<\/p>\n

SECTION 16. Qualification of Watchers.<\/strong> – No person shall be appointed as a watcher unless said
\nperson:<\/p>\n

a. Is a registered voter of the city or municipality where such person is assigned;<\/p>\n

b. Is of good moral character;<\/p>\n

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\nBAA 35<\/p>\n

c. Has not been convicted by final judgment of any election offense or of any other crime;<\/p>\n

d. Knows how to read and write Filipino, English or any of the languages in the BARMM;<\/p>\n

e. Is not related within the fourth civil degree of consanguinity or affinity to the chairperson, or
\nany other member of the EB in the polling place where such person seeks appointment as a
\nwatcher.<\/p>\n

SECTION 17. Rights and Duties of Watchers. – Upon entering the polling place, the watchers
\nshall present to the chairperson of the EB their appointments as watchers and proof that he\/she is a
\nregistered voter of the city or municipality where he\/she is assigned. Their names shall be recorded in
\nthe Minutes with a notation under their signatures that they are not disqualified to serve as such under
\nthe immediately preceding Section.<\/p>\n

The appointments of the watchers shall bear the signature of the candidate or duly authorized
\nrepresentative of the party, organization or coalition of parties, or organizations participating in the
\nBangsamoro Parliament Election that appointed them. At least fifteen (15) days before election day,
\nindependent candidates, and duly registered parties, organizations, or coalitions, coalition of parties,
\nassociations or organizations participating in the Party-List System and Bangsamoro Parliament
\nElection shall provide the EO concerned with the names and signatures of their representatives
\nauthorized to appoint watchers in the city or municipality of the polling place.<\/p>\n

The watchers shall have the right to:<\/p>\n

a. Stay in the space reserved for them inside the polling place;
\nb. Witness and inform themselves of the proceedings of the EB;
\nc. Take note of what they may see or hear;
\nd. Take picture, image, photo, or video of the proceedings and incidents, if any, during Final
\nTesting and Sealing, counting of votes, transmission and printing of election returns provided
\nthe secrecy of the ballot shall be maintained at all times. In no case shall taking of pictures,
\nimages, photos, or videos while the voter is shading the ballot and feeding the same in the
\nVCM be allowed. Violation of this paragraph shall constitute an Election Offense;
\ne. File a protest against any irregularity or violation of law which they believe may have been
\ncommitted by the EB or by any person present;
\nf. Obtain from the EB a certificate as to the filing of such protest and\/or the Resolution thereof;
\nand
\ng. Position themselves near the chairperson of the EB, observing the one-meter physical
\ndistancing requirement, while the chairperson is publicly announcing the precinct results.
\nWatchers are not allowed to speak to any member of the EB or to any voter, or among
\nthemselves, in a manner that would disrupt the proceedings of the EB.
\nThe watchers representing the dominant majority and dominant minority parties, and the
\ncitizens\u2019 arm shall, if available, affix their signatures and thumbmarks in the election returns.<\/p>\n

CASTING OF VOTES<\/strong><\/p>\n

SECTION 18. Voting Hours<\/strong>. – The casting of votes shall be from six (6) o’clock in the morning
\nup to seven (7) o’clock in the evening of election day, or as may be provided by the COMELEC.<\/p>\n

Voters who have not yet cast their votes but are within thirty (30) meters in front of the polling
\nplace by seven (7) o’clock in the evening of the Election Day shall still be allowed to cast their votes.
\nThe poll clerk shall promptly prepare a complete list in duplicate containing the names of said voters
\nnumbered consecutively. The voters so listed shall be called to vote by the poll clerk by announcing
\nnear the door of the polling place, in a tone loud enough to be heard throughout the polling place, each
\nname three (3) times in the order in which they are listed. Any voter in the list who is not present or<\/p>\n

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\nBAA 35<\/p>\n

does not respond when called shall no longer be allowed to vote. The said list shall be attached to the
\nMinutes.<\/p>\n

SECTION 19. Place of Voting<\/strong>. \u2013 Subject to Section 3 of this Chapter, voters shall cast their
\nvotes in the polling place designated by the COMELEC. The poster indicating the clustered precinct
\nnumber shall be prominently posted near or on the door of the polling place. In no case shall there be a
\nclosed circuit television (CCTV) inside the polling place.<\/p>\n

SECTION 20. Voters’ Assistance Desk (VAD)<\/strong>. – To avoid gathering, crowding and huddling
\naround the PCVL, there shall be in each voting center, a Voters’ Assistance Desk (VAD) administered
\nby any duly accredited citizens\u2019 arm under the supervision and control of the Ministry of Basic, Higher,
\nand Technical Education Supervisor Official (MBHTESO). The VAD shall assist voters in ascertaining
\ntheir precinct number, sequence number and direction to their polling place.<\/p>\n

In the event that there is no available accredited citizens\u2019 arm to administer the VAD, the EO
\nmay enter into a Memorandum of Agreement with a non-partisan NGO, CSO, or other organizations
\navailable in their respective areas of responsibility to administer the VAD.<\/p>\n

SECTION 21. Final Testing and Sealing (FTS) of Vote Counting Machines (VCM)<\/strong>. – The
\nFinal Testing and Sealing of Vote Counting Machines shall be conducted in the manner and schedule
\nprovided by the COMELEC.<\/p>\n

SECTION 22. VCM Box to be Opened on Election Day<\/strong>. – After Final Testing and Sealing,
\nthe VCM box shall be opened again only on the Election Day in the manner provided by COMELEC.<\/p>\n

SECTION 23. Persons allowed in and around the polling place<\/strong>. – Only the following
\npersons shall be allowed inside the polling place:<\/p>\n

a. Members of the EB and support staff, if any;
\nb. Watchers who shall stay only in the space reserved for them;
\nc. Representatives of the COMELEC;
\nd. MBHTESO Technical Support Staff assigned in the voting center;
\ne. Emergency Accessible Polling Place Support Staff;
\nf. Voters casting their votes and their assistors, if any;
\ng. Voters waiting for their turn to cast their vote;
\nh. Jail\/ Prison Escorts escorting PDL voters; or
\ni. Other persons who may be specifically authorized by the COMELEC.<\/p>\n

SECTION 24. Persons Not Allowed to Enter the Polling Place<\/strong>. – Unless specifically authorized
\nby the COMELEC, it is unlawful for the following persons to enter the polling place, or to stay within
\na radius of fifty (50) meters from the polling place, except to vote:<\/p>\n

a. Any officer or member of the Armed Forces of the Philippines or the Philippine National
\nPolice;
\nb. Any peace officer or any armed person belonging to any extralegal police agency, special
\nforces, reaction forces, strike forces, Civilian Armed Force Geographical Units, barangay
\ntanods or other similar forces or para-military forces, including special forces, security guards,
\nand special policemen;
\nc. All other kinds of armed or unarmed extra-legal police forces; or
\nd. Any barangay and SK official, whether elected or appointed.<\/p>\n

However, the EB may, by a majority vote if it deems necessary, order in writing the detail of
\npolicemen or peace officers for its protection or for the protection of the election documents and
\nparaphernalia. In which case, the said policemen or peace officers shall stay outside the polling place
\nwithin a radius of thirty (30) meters near enough to be easily called by the EB at any time, but never at
\nthe door, and in no case shall the said policemen or peace officer hold any conversation with any voter<\/p>\n

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\nBAA 35<\/p>\n

or disturb or prevent or in any manner obstruct the free access of the voters to the polling place. Such
\norder shall be recorded in the Minutes.<\/p>\n

SECTION 25. Holding Area and Order of Voting<\/strong>. – The EB, whenever necessary, in
\ncoordination with the MBHTESO, may designate an adjacent room with ample space and accessible to
\nwheelchair users, if available, to be used as holding area. The holding area shall be used by the voters
\nwaiting for their turn to vote. The voters shall sit and arrange themselves on a first-come, first-served
\nbasis, such that they will vote according to the sequence of their arrival.<\/p>\n

Gender segregation, whenever necessary, shall be observed in respect to religious practices or in
\norder to protect women voters.<\/p>\n

Giving numbers to the voters to determine their sequence of voting is strictly prohibited. Voters in
\nthe holding area shall be assisted by EB support staff.<\/p>\n

SECTION 26. Manner of Obtaining Ballots<\/strong>. – Rules and regulations, as may be promulgated by
\nthe COMELEC, shall be observed in obtaining ballots during election day.<\/p>\n

SECTION 27. Manner of Voting.<\/strong> \u2013 Unless otherwise provided, the COMELEC may, at the start
\nof every parliamentary election in the BARMM, prescribe the means, methods, and manner of voting,
\nwhich shall guarantee that the secrecy of the ballot is secured and the independence of the voter is
\nprotected at all times.<\/p>\n

SECTION 28. Rules to be Observed During Voting<\/strong>. – During the voting, the EB shall see to it
\nthat:<\/p>\n

a. Voters shall vote in the order of their arrival in the polling place. Giving numbers to the
\nvoters to determine their sequence of voting is strictly prohibited;<\/p>\n

b. No watcher shall enter the place reserved for the voters and the EB, or mingle and talk with
\nthe voters;<\/p>\n

c. No person carrying any firearm or any other deadly weapon, except jail\/ prison escorts and
\nthose expressly authorized by the COMELEC, shall enter the polling place. The jail\/prison
\nescorts may bring firearms inside the polling place to secure the PDL voter who will vote
\nin the polling place as may be authorized by the COMELEC. Said escorts and PDLs shall
\nimmediately leave the polling place once the latter have finished voting;<\/p>\n

d. There shall be no crowding of voters and disorderly behavior inside the polling place;<\/p>\n

e. The ballot box shall remain locked during the voting. However, if it should become
\nnecessary to make room for more ballots, the EB shall, in the presence of the watchers:<\/p>\n

1. Remove the VCM from the top of the ballot box, and shake the ballot box to wobble the
\ncontents therein, and make room for the ballots;<\/p>\n

2. If still the ballot cannot go through the ballot box, the ballot box may be opened. The
\nChairperson shall press down the ballots contained therein without removing any of
\nthem, after which the EB shall close the box by sealing it.<\/p>\n

Such fact shall be recorded in the Minutes.<\/p>\n

SECTION 29. Prohibition on Voting.<\/strong> – It shall be unlawful for a voter to:<\/p>\n

a. Bring the ballot, ballot secrecy folder or marking pen outside of the polling place;<\/p>\n

b. Speak with anyone other than persons provided in this Resolution while inside the polling
\nplace;<\/p>\n

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\nBAA 35<\/p>\n

c. Prepare the voter’s ballot without using the ballot secrecy folder, or to exhibit its contents;<\/p>\n

d. Fill out the voter’s ballot accompanied by another, except in the case of voting by assistor
\npursuant to immediately succeeding section;<\/p>\n

e. Erase any printing from the ballot, or put any distinguishing mark on the ballot;<\/p>\n

f. Use of capturing devices such as but not limited to digital cameras, cellular phones with
\ncamera, or other means to copy the contents of the ballot, or otherwise make use of any
\nother scheme to identify his vote;<\/p>\n

g. Intentionally tear or deface the ballot; or<\/p>\n

h. Disrupt or attempt to disrupt the normal operations of the VCM.<\/p>\n

SECTION 30. Preparation of Ballots for Illiterate, Persons with Disabilities (PWD) and <\/strong>
\nSenior Citizens (SC) by an Assistor<\/strong>. – No voter shall be allowed to vote as an illiterate, PWD or SC
\nunless such fact is indicated in the EDCVL, or although not indicated as PWD in the EDCVL, when
\nthe disability is readily apparent. If so, such voter may be assisted in the preparation of the ballot, in the
\nfollowing order:<\/p>\n

a. Relative within the fourth civil degree of consanguinity or affinity;
\nb. Person of his confidence who belongs to the same household as that of the voter. For this
\npurpose, the person who usually assists the PWD or SC, such as personal assistant, caregiver,
\nor a nurse shall be considered as a member of the voter’s household; or
\nc. Any member of the EB.<\/p>\n

A voter with physical impairment may be assisted in feeding the ballot into the VCM by the EB
\nmember. The EB member shall ensure that the contents of the ballot are not displayed during its feeding
\ninto the VCM. In which case, this fact must be recorded in the Minutes.<\/p>\n

All persons assisting must be of voting age.<\/p>\n

No person, except the members of the EB, may assist an illiterate, PWD or SC more than three
\n(3) times.<\/p>\n

In all cases, the poll clerk shall first verify from the illiterates, PWDs or SCs whether said voters
\nhave authorized a person to help them cast their vote. If the voter denies the authority of the assistor,
\nany member of the EB may assist such illiterates, PWDs or SCs. The same shall be recorded in the
\nMinutes.<\/p>\n

The person assisting the illiterates, PWDs or SCs shall:<\/p>\n

1. Prepare in their presence, the ballot using a ballot secrecy folder; and
\n2. Bind themselves in writing and under oath to fill out the ballot strictly in accordance with
\nthe instructions of the voter and not to reveal its contents, by indicating the appropriate
\ndata and affixing their signatures, thumbmark, or any available fingerprint if without a
\nthumb, in the corresponding space in the Minutes.<\/p>\n

SECTION 31. Express Lane for Persons with Disability, Senior Citizens, Heavily Pregnant <\/strong>
\nand Lactating Women, Escorted PDL Voters, and Indigenous People<\/strong>. – PWDs, senior citizens,
\nheavily pregnant and lactating women, escorted PDL and IP voters shall be afforded an express lane
\nand be allowed to vote as soon as they arrive. There shall be a sign inside the polling place indicating
\nthe location of the express lane, and who can avail of it.<\/p>\n

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\nBAA 35<\/p>\n

SECTION 32. Challenge Against Illegal Voters<\/strong>. – Any voter or watcher may challenge any
\nperson offering to vote for:<\/p>\n

a. Being not registered;
\nb. Using the name of another; or
\nc. Suffering from an existing disqualification.<\/p>\n

In such cases, the EB shall determine the truthfulness of the ground for the challenge by requiring
\nproof of registration, identity or qualification. In case the identity of the voter is challenged, the EB
\nshall identify the voter’s specimen signature and photo in the EDCVL.<\/p>\n

In the absence of any of the above-mentioned proof of identity, any member of the EB may identify
\nunder oath a voter personally known to the former, which act of identification shall be recorded in the
\nMinutes.<\/p>\n

SECTION 33. Challenge Based on Certain Illegal Acts<\/strong>. – Any voter or watcher may challenge
\nany person offering to vote on the ground that the voter:<\/p>\n

a. Received or expects to receive, paid, offered or promised to pay, contributed, offered or
\npromised to contribute money or anything of value as consideration for his\/her vote or for the
\nvote of another;
\nb. Made or received a promise to influence the giving or withholding of any such vote;
\nc. Made a bet or is interested directly or indirectly in a bet that depends upon the results of the
\nelection.<\/p>\n

In such cases, the challenged voter may take an oath before the EB that said voter has not committed
\nany of the acts alleged in the challenge. Upon taking such oath, the challenge shall be dismissed, and
\nthe voter shall be allowed to vote. In case the voter refuses to take such oath, the challenge shall be
\nsustained, and the voter shall not be allowed to vote.<\/p>\n

SECTION 34. Admission of Challenged Vote Immaterial in Criminal Proceedings<\/strong>. – The
\nadmission of the challenged vote under the two preceding sections shall not be conclusive upon any
\ncourt as to the legality of the registration of the voter challenged or his vote in a criminal action against
\nsuch person for illegal registration or voting.<\/p>\n

SECTION 35. Record of Challenges and Oaths<\/strong>. \u2013 The EB shall record in the Minutes all
\nchallenges and oaths taken, and its decision in each case.<\/p>\n

SECTION 36. Disposition of VCM, Ballot Boxes, Election Returns, Spoiled, Unused and <\/strong>
\nRejected Ballots, and Other Documents.<\/strong> \u2013 VCM, ballot boxes, election returns, spoiled, unused and
\nrejected ballots, and other documents shall be disposed of in the manner provided by the COMELEC.<\/p>\n

SECTION 37. Prohibition Against Premature Announcement of Voting<\/strong>. – The members of the EB
\nare prohibited from announcing the following matters during the voting period:<\/p>\n

a. Whether a certain registered voter has already voted or not;
\nb. Number of registered voters who have already voted or failed to vote thus far; or
\nc. Any other fact tending to show or showing the state of the polls; neither member of the EB
\nshall make any statement at any time, except as a witness before a court or body as to how
\nmany persons voted.<\/p>\n

COUNTING OF VOTES<\/strong><\/p>\n

SECTION 38. Counting to be Public and Without Interruption<\/strong>. – As soon as the voting is
\nfinished, the Electoral Board shall publicly count in the polling place the votes cast and ascertain the
\nresults. The board may rearrange the physical setup of the polling place for the counting or perform any<\/p>\n

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\nBAA 35<\/p>\n

other activity with respect to the transition from voting to counting. However, it may do so only in the
\npresence of the watchers and within close view of the public. At all times, the ballot boxes and all
\nelection documents and paraphernalia shall be within close view of the watchers and the public.<\/p>\n

The Electoral Board shall not adjourn or postpone or delay the count until it has been fully
\ncompleted, unless otherwise ordered by the COMELEC.<\/p>\n

The COMELEC, in the interest of free, orderly, and honest election, may authorize the Electoral
\nBoard to count the votes and to accomplish the election returns and other forms prescribed under this
\nCode in any other place within a public structure in the same municipality or city on account of
\nimminent danger of widespread violence or similar causes of comparable magnitude: Provided, That
\nthe transfer shall be recommended in writing by the Board of Election Inspectors by unanimous vote
\nand endorsed in writing by the majority of watchers present: Provided, further, that the said public
\nstructure shall not be located within the perimeter of or inside a military or police camp, reservation,
\nheadquarters, detachment or field office nor within the premises of a prison or detention bureau or any
\nlaw enforcement or investigation agency.<\/p>\n

Any violation of this section, or its pertinent portion, shall constitute an election offense and
\nshall be penalized accordingly.<\/p>\n

SECTION 39. Proclamation of the Result of the Election in the Polling Place<\/strong>. – Upon the
\ncompletion of election returns, the chairman of the boards shall then publicly read and announce the
\ntotal number of registered voters, the total number of voters who actually voted and the total number of
\nvotes obtained by each candidate based on the election returns.<\/p>\n

SECTION 40. Electoral Board to Issue a Certificate of the Number of Votes Polled by the <\/strong>
\nCandidates for an Office to the Watchers.<\/strong> – After the announcement of the results of the election and
\nbefore leaving the polling place, it shall be the duty of the Electoral Board to issue a certificate of the
\nnumber of the votes received by a candidate upon request of the watchers. All the members of the
\nElectoral Board shall sign the certificate.<\/p>\n

SECTION 41. Closing of Polls.<\/strong> – The COMELEC shall prescribe the time, manner and
\nprocedure of closing the polls and the steps for the correct reporting of votes cast and the proper conduct
\nof counting for areas covered by the AES.<\/p>\n

CANVASS AND PROCLAMATION<\/strong><\/p>\n

SECTION 42. Board of Canvassers<\/strong>. \u2013 (1) There shall be a Board of Canvassers for each
\nprovince, city, municipality, as follows:<\/p>\n

a. Provincial Board of Canvassers. – the provincial Board of Canvassers shall be composed of
\nthe provincial election supervisor or a senior lawyer in the regional office of the COMELEC,
\nas chairman, the provincial fiscal, as vice-chairman, and the provincial superintendent of
\nschools, and one representative from each of the ruling party and the dominant opposition
\npolitical party in the constituency concerned entitled to be represented, as members.<\/p>\n

b. City Board of Canvassers. – the city Board of Canvassers shall be composed of the city
\nelection officer or a lawyer of the BEO, as chairman, the city fiscal and the city
\nsuperintendent of schools, and one representative from each of the ruling party and the
\ndominant opposition political party entitled to be represented, as members.<\/p>\n

c. Municipal Board of Canvassers. – the municipal Board of Canvassers shall be composed of
\nthe election officer or a representative of the BEO, as chairman, the municipal treasurer, and
\nthe MBHTE district supervisor or in his absence any public school principal in the
\nmunicipality and one representative from each of the ruling party and the dominant
\nopposition political party entitled to be represented, as members.<\/p>\n

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\nBAA 35<\/p>\n

d. Board of Canvassers for newly created political subdivisions – the BEO shall constitute a
\nBoard of Canvassers and appoint the members thereof in accordance with the prescribed
\ncompositions in Sections (a) and (b) hereof for the first election in a newly created province,
\ncity or municipality in case the officials who shall act as members thereof have not yet
\nassumed their duties and functions.<\/p>\n

(2) There shall be a Bangsamoro Board of Canvassers composed of the BEO\u2019s Regional Election
\nDirector, as Chairman, the Regional Prosecutor of BARMM, as Vice-Chairman, and a representative
\nfrom the MBHTE with the rank of Bangsamoro Director General (Director IV) as Member.<\/p>\n

SECTION 43. Relationship with Candidates and Other Members<\/strong>. – The chairman and the
\nmembers of the Board of Canvassers shall not be related within the fourth civil degree of consanguinity
\nor affinity to any of the candidates whose votes will be canvassed by said board, or to any member of
\nthe same board.<\/p>\n

SECTION 44. Prohibition Against Leaving Official Station<\/strong>. – During the period beginning
\nelection day until the proclamation of the winning candidates, no member or substitute member of the
\ndifferent boards of canvassers shall be transferred, assigned or detailed outside of his official station,
\nnor shall he leave said station without prior authority of the COMELEC.<\/p>\n

SECTION 45. Feigned Illness<\/strong>. – Any member of the Board of Canvassers feigning illness in
\norder to be substituted on election day until the proclamation of the winning candidates shall be guilty
\nof an election offense.<\/p>\n

SECTION. 46. Quorum<\/strong> \u2013 A majority vote of all members of the BOC shall constitute a quorum
\nfor the transaction of its official decision and to render a decision.<\/p>\n

SECTION 47. Incapacity and Substitution of Members of Boards of Canvassers<\/strong>. – In case
\nof non-availability, absence, disqualification due to relationship, or incapacity for any cause of the
\nchairman, the BEO shall designate the provincial or city fiscal to act as chairman. Likewise, in case of
\nnon-availability, absence, disqualification due to relationship, or incapacity for any cause, of such
\ndesignee, the next ranking provincial or city fiscal shall be designated by the BEO and such designation
\nshall pass to the next in rank until the designee qualifies. With respect to the other members of the
\nBoard of Canvassers, the BEO shall appoint as substitute the provincial, city or municipal officers of
\nother government agencies in the province, city or municipality, as the case may be, and with respect
\nto the representatives of the accredited political parties, the BEO shall appoint as substitutes those
\nnominated by the said political parties.<\/p>\n

SECTION 48. Supervision and Control Over Board of Canvassers<\/strong>. – The COMELEC,
\nthrough the BEO, shall have direct control and supervision over the Board of Canvassers.
\nAny member of the Board of Canvassers may, at any time, be relieved for cause and substituted
\nmotu proprio by the BEO.<\/p>\n

SECTION 49. Notice of Meeting of the Board<\/strong>. – At least five (5) days before the meeting of
\nthe board, the chairman of the board shall give notice to all members thereof and to each candidate and
\npolitical party of the date, time and place of the meeting.<\/p>\n

SECTION 50. Canvass by the Board.<\/strong> – The Board of Canvassers shall meet not later than six
\no’clock in the afternoon of election day at the place designated by the BEO to receive the election returns
\nand to immediately canvass those that may have already been received. It shall meet continuously until
\nthe canvass is completed, and may adjourn but only for the purpose of awaiting the other election returns
\nfrom other polling places within its jurisdiction. As soon as the other election returns are delivered, the
\nboard shall immediately resume canvassing until all the returns have been canvassed.<\/p>\n

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\nBAA 35<\/p>\n

SECTION 51. Manner of Canvass; Canvassing by Regional, Provincial, City, District and <\/strong>
\nMunicipal Boards of Canvassers<\/strong>. \u2013 The COMELEC shall prescribe the time, manner and procedure
\nof canvassing of votes by the regional, provincial, district, and municipal Boards of Canvassers for
\nnational and local elections, as well as Bangsamoro Parliament Elections.<\/p>\n

The COMELEC shall adopt adequate and effective measures to preserve the integrity of the
\ncertificates of canvass transmitted electronically and the results in the storage devices at the various
\nlevels of the boards of canvassers.<\/p>\n

The certificates of canvass transmitted electronically and digitally signed shall be considered as
\nofficial election results and shall be used as the basis for the proclamation of winning candidates.<\/p>\n

SECTION 52. When the Election Returns Are Delayed or Not Transmitted.<\/strong> – The Electoral
\nBoard shall observe the Continuity Plan to be prescribed by the COMELEC in case of a systems
\nbreakdown or such any eventuality which shall result in the delay, obstruction, or nonperformance of
\nthe electoral process.<\/p>\n

SECTION 53. Canvass of Remaining or Unquestioned Returns to Continue<\/strong>. – The Board
\nof Canvassers shall continue the canvass of the remaining or unquestioned election returns. If, after the
\ncanvass of all the said returns, it should be determined that the returns which have been set aside will
\naffect the result of the election, no proclamation shall be made except upon orders of the COMELEC,
\nthrough the BEO, after due notice and hearing. Any proclamation made in violation hereof shall be null
\nand void.<\/p>\n

SECTION 54. Watchers During Canvass.<\/strong> – Each candidate, political party or coalition of
\npolitical parties shall be entitled to appoint one watcher in the Board of Canvassers. The watcher shall
\nhave the right to be present at, and take note of, all the proceedings of the Board of Canvassers, to file
\na protest against any irregularity in the election returns submitted, and to obtain from the Board of
\nCanvassers a resolution thereon.<\/p>\n

SECTION 55. Election Resulting in Tie<\/strong>. – Whenever it shall appear from the canvass that two
\n(2) or more candidates have received an equal and highest number of votes, or in cases where two (2)
\nor more candidates are to be elected for the same position and two (2) or more candidates received the
\nsame number of votes for the last place in the number to be elected, the Board of Canvassers, after
\nrecording this fact in its minutes, shall by resolution, upon five (5) days notice to all the tied candidates,
\nhold a special public meeting at which the Board of Canvassers shall proceed to the drawing of lots of
\nthe candidates who have tied and shall proclaim as elected the candidates who may be favored by luck,
\nand the candidates so proclaimed shall have the right to assume office in the same manner as if he had
\nbeen elected by plurality of vote. The Board of Canvassers shall forthwith make a certificate stating the
\nname of the candidate who had been favored by luck and his proclamation on the basis thereof. In lieu
\nof the drawing of lots, a coin toss may be resorted to by the concerned officer of the BEO to break the
\ntie.<\/p>\n

Chapter 3<\/strong><\/p>\n

AFTER ELECTION<\/strong><\/p>\n

SECTION 1. Issues that May be Raised During the Consolidation\/Canvass<\/strong>. – Issues
\naffecting the composition or proceedings of the BOC may be initiated by filing a verified petition before
\nthe BOC or directly with the COMELEC.<\/p>\n

If the petition is filed with the BOC, its decision may be appealed to the COMELEC within
\nthree (3) days from receipt.<\/p>\n

However, if commenced directly with the COMELEC, the verified petition shall be filed
\nimmediately when the BOC begins to act illegally, or at the time of the appointment of the member of
\nthe BOC whose capacity to sit as such is objected to.<\/p>\n

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\nBAA 35<\/p>\n

There shall be no pre-proclamation cases on issues\/controversies relating to the
\ngeneration\/printing, transmission, receipt and custody, and appreciation of ERs or the COCs.<\/p>\n

ELECTION CONTESTS<\/strong><\/p>\n

SECTION 2. Jurisdiction<\/strong>.\u2013 Pursuant to Section 2, Article IX-C of the 1987 Constitution,the
\nCOMELEC exercises exclusive original jurisdiction over all contests relating to the elections, returns,
\nand qualifications of all candidates in the regional, provincial and city elective positions.<\/p>\n

Regional trial courts have exclusive original jurisdiction over all election contests involving
\nelective municipal officials.<\/p>\n

Municipal trial courts have exclusive original jurisdiction over all election contests involving
\nelective barangay officials.<\/p>\n

On matters relating to the continuing qualification requirements for sitting Members of Parliament,
\njurisdiction shall be vested and exercised directly by Parliament.<\/p>\n

SECTION 3. How Initiated<\/strong>. – An election contest is initiated by the filing of an election protest
\nor a petition for quo warranto against an elective municipal or barangay official. An election protest or
\na petition for quo warranto shall be filed directly with the proper court in three (3) legible copies plus
\nsuch number of copies corresponding to the number of protestees or respondents.
\nAn election protest shall not include a petition for quo warranto, nor shall a petition for quo
\nwarranto include an election protest.<\/p>\n

SECTION 4. Election Protest<\/strong>. – A petition contesting the election or returns of an elective
\nmunicipal or barangay official shall be filed with the proper regional trial court or municipal trial court
\nby any candidate who was voted for the same office and who received the second or third highest
\nnumber of votes or, in a multi-slot position, was among the next four (4) candidates following the last\u0002ranked winner duly proclaimed, as reflected in the official results of the election contained in the
\nStatement of Votes By Precinct. The party filing the protest shall be designated as the protestant; the
\nadverse party shall be known as the protestee.<\/p>\n

Each contest shall refer exclusively to one office; however, contests for offices of Sangguniang
\nBayan or Sangguniang Barangay may be consolidated in one case.<\/p>\n

SECTION 5. Quo Warranto<\/strong>. \u2013 A petition for quo warranto against an elective municipal official
\nshall be filed with the proper regional trial court or municipal trial court by any registered voter who
\nhas voted in the election concerned. The party filing the petition shall be designated as the petitioner;
\nthe adverse party shall be known as the respondent.<\/p>\n

SECTION 6. Modes of Service and Filing<\/strong>. – Service and filing of pleadings, including the
\ninitiatory petition and other papers, shall be done personally. Except with respect to papers emanating
\nfrom the court, a resort to other modes of service must be accompanied by a written explanation why
\nthe service or filing was not done personally. A violation of this provision shall be cause to consider
\nthe pleading or paper as not filed.<\/p>\n

SECTION 7. Petition Must Be Verified and Accompanied by a Certificate Of Non-Forum <\/strong>
\nShopping<\/strong>. – An election protest or a petition for quo warranto shall be verified by an affidavit stating
\nthat the affiant has read the petition and that the allegations therein are true and correct of affiant’s own
\nknowledge or based on authentic records. A verification based on “information and belief” or upon the
\n“knowledge, information and belief” is not a sufficient verification.<\/p>\n

The protestant or petitioner shall sign personally the certificate of non-forum shopping which must
\nbe annexed to the election protest or petition for quo warranto.<\/p>\n

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\nBAA 35<\/p>\n

An unverified petition or one with insufficient verification or unaccompanied by a certificate of
\nnon-forum shopping shall be dismissed outright and shall not suspend the running of the reglementary
\nperiod to file an election protest or petition for quo warranto.<\/p>\n

SECTION 8. Period to File Protest or Petition; Non-Extendible<\/strong>. – The election protest or
\npetition for quo warranto shall be filed within the non-extendible period of ten days following the date
\nof proclamation.<\/p>\n

SECTION 9. Pendency of Pre-Proclamation Controversy<\/strong>. – The pendency of a pre\u0002proclamation controversy involving the validity of the proclamation as defined by law shall suspend
\nthe running of the period to file an election protest or petition for quo warranto.<\/p>\n

SECTION 10. COMELEC Judgment in Disqualification Case<\/strong>. – A decision of the Commission
\non Elections, either in division or en banc, in a disqualification case shall not bar the filing of a petition
\nfor quo warranto based on the same ground, except when the Supreme Court has affirmed the
\nCOMELEC decision.<\/p>\n

SECTION 11. Rendition of Decision.<\/strong> – The court shall decide the election contest within thirty
\ndays from the date it is submitted for decision, in no case beyond six months after its filing, unless the
\nSupreme Court authorizes an extension in writing. Failure to comply herewith shall be considered a
\nserious offense and shall be ground for disciplinary action against the judge. In addition, after the
\nexpiration of six months, the judge shall be relieved of all duties and functions, except to decide the
\nelection case.<\/p>\n

An election protest is deemed submitted for decision after completion of the reception of evidence
\nor, if the parties were allowed to submit memoranda, upon submission of such memoranda or the
\nexpiration of the period for their filing, whichever is earlier. In an election protest, the winner shall be
\nthe candidate who obtained the plurality of the valid votes cast.<\/p>\n

SECTION 12. Appeal<\/strong>. – An aggrieved party may appeal the decision to the COMELEC, within
\nfive days after promulgation, by filing a notice of appeal with the court that rendered the decision, with
\ncopy served on the adverse counsel or party if not represented by counsel.<\/p>\n

SECTION 13. Jurisdiction of the COMELEC in Certiorari Cases<\/strong>. – The COMELEC has the
\nauthority to issue the extraordinary writs of certiorari, prohibition and mandamus only in aid of its
\nappellate jurisdiction over decisions of the courts in election cases involving elective municipal and
\nbarangay officials.<\/p>\n

SECTION 14. Preferential Disposition of Election Contests<\/strong>. – The courts shall give preference
\nto election contests over all other cases, except habeas corpus.<\/p>\n

ARTICLE VIII<\/strong><\/p>\n

ELECTION OFFENSES<\/strong><\/p>\n

SECTION 1. Additional Election Offenses Punishable Under this Code.<\/strong> \u2013 In addition to the
\nelection offenses already provided for under the Omnibus Election Code and other national laws, the
\nfollowing shall be guilty of election offenses committed within the autonomous region:<\/p>\n

a. Any person, candidate, officer or supporter of a political party who nails or hangs any election
\nparaphernalia or campaign material on trees and plants shall be guilty of an election offense;<\/p>\n

b. Any person, candidate, officer, or supporter of a political party who prints and reproduces
\ncampaign paraphernalia using plastics and other non-biodegradable materials;<\/p>\n

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\nBAA 35<\/p>\n

c. Any candidate, officer, member, or supporter of a political party who uses scandalous,
\ninflammatory, foul, abusive and derogatory language in speeches, interviews and on social media
\nin the course of the campaign or during political rallies and meetings;<\/p>\n

d. On Registration of Political Parties and Sectoral Organizations for Reserved Seats:<\/p>\n

(1) Any officer of a political party who falsely certifies fictitious or inexistent names in the list of
\nits party members.<\/p>\n

(2) Any officer of a political party and sectoral organizations who knowingly makes any false or
\nuntruthful statement relative to any data or information required in the registration and
\naccreditation of political parties and sectoral organizations.<\/p>\n

SECTION 2. Persons Criminally Liable<\/strong>. – The principals, accomplices, and accessories, as
\ndefined in the Revised Penal Code, shall be criminally liable for election offenses. If the one responsible
\nbe a political party or an entity, its president or head, the officials and employees of the same,
\nperforming duties connected with the offense committed and its members who may be principals,
\naccomplices, or accessories shall be liable, in addition to the liability of such party or entity.<\/p>\n

SECTION 3. Penalties.<\/strong> – Any person found guilty of any election offense under this Code shall
\nbe punished with imprisonment of not less than one year but not more than six years and shall not be
\nsubject to probation. In addition, the guilty party shall be sentenced to suffer disqualification to hold
\npublic office and deprivation of the right of suffrage. If he is a foreigner, he shall be sentenced to
\ndeportation which shall be enforced after the prison term has been served. Any political party found
\nguilty shall be sentenced to pay a fine of not less than one hundred thousand pesos, which shall be
\nimposed upon such party after criminal action has been instituted in which their corresponding officials
\nhave been found guilty.<\/p>\n

Whenever applicable, the penalties provided for violation of specific special laws on election
\nare hereby adopted and incorporated in this Code.<\/p>\n

In the case of prisoner or prisoners illegally released from any penitentiary or jail during the
\nprohibited period, the director of prisons, provincial warden, keeper of the jail or prison, or persons who
\nare required by law to keep said prisoner in their custody shall, if convicted by a competent court, be
\nsentenced to suffer the penalty of prision mayor in its maximum period if the prisoner or prisoners so
\nillegally released commit any act of intimidation, terrorism of interference in the election.<\/p>\n

SECTION 4. Prosecution.<\/strong> – The COMELEC shall, through its duly authorized legal officers,
\nhave the exclusive power to conduct preliminary investigation of all election offenses punishable under
\nthis Code, and to prosecute the same. The COMELEC may avail of the assistance of other prosecuting
\narms of the government: Provided, however, that in the event that the COMELEC fails to act on any
\ncomplaint within four months from filing, the complainant may file the complaint with the prosecutor\u2019s
\noffice or with the Department of Justice for proper investigation and prosecution, if warranted.<\/p>\n

SECTION 5. Arrest in Connection With the Election Campaign<\/strong>. – No person shall be
\narrested and\/or detained at any time for any alleged offense committed during and in connection with
\nany election through any act or language tending to support or oppose any candidate, political party or
\ncoalition of political parties under or pursuant to any order of whatever name or nature and by
\nwhomsoever issued except only upon a warrant of arrest issued by a competent judge after all the
\nrequirements of due process shall have been strictly complied with.<\/p>\n

To facilitate the apprehension and prosecution of vote buyers and sellers, any law enforcement officer
\nor private person may, without a warrant, arrest a person when in his presence, the person to be arrested
\nhas committed, is actually committing, or is attempting to commit the election offense of vote buying
\nand selling.<\/p>\n

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\nBAA 35<\/p>\n

SECTION 6. Prescription<\/strong>. – Election offenses shall prescribe after five (5) years from the date
\nof their commission. If the discovery of the offense be made in an election contest proceedings, the
\nperiod of prescription shall commence on the date on which the judgment in such proceedings becomes
\nfinal and executory.<\/p>\n

SECTION 7. Jurisdiction of Courts.<\/strong> – The regional trial court shall have the exclusive original
\njurisdiction to try and decide any criminal action or proceedings for violation of this Code, except those
\nrelating to the offense of failure to register or failure to vote which shall be under the jurisdiction of the
\nmetropolitan or municipal trial courts. From the decision of the courts, appeal will lie as in other
\ncriminal cases.<\/p>\n

SECTION 8. Preferential Disposition of Election Effenses<\/strong>. – The investigation and
\nprosecution of cases involving violations of the election laws shall be given preference and priority by
\nthe COMELEC and prosecuting officials. Their investigation shall be commenced without delay, and
\nshall be resolved by the investigating officer within five (5) days from its submission for resolution.
\nThe courts shall likewise give preference to election offenses over all other cases, except petitions for
\nwrit of habeas corpus. Their trial shall likewise be commenced without delay, and shall be conducted
\ncontinuously until terminated, and the case shall be decided within thirty (30) days from its submission
\nfor decision.<\/p>\n

SECTION 9. Prosecution of Vote-buying and Vote-selling<\/strong>. \u2013 The presentation of a complaint
\nfor violations of paragraph (a) or (b) of Section 1, Art X supported by affidavits of complaining
\nwitnesses attesting to the offer or promise by or of the voter’s acceptance of money or other
\nconsideration from the relatives, leaders or sympathizers of a candidate, shall be sufficient basis for an
\ninvestigation to be immediately conducted by the Commission, directly or through its duly authorized
\nlegal officers.<\/p>\n

Proof that at least one voter in different precincts representing at least twenty percent (20%) of
\nthe total precincts in any municipality, city or province has been offered, promised or given money,
\nvaluable consideration or other expenditure by a candidate’s relatives, leaders and\/or sympathizers for
\nthe purpose of promoting the election of such candidate, shall constitute a disputable presumption of a
\nconspiracy under paragraph (b) of Section 1, Art X where such proof affect at least twenty percent
\n(20%) of the precincts of the municipality, city or province to which the public office aspired by the
\nfavored candidate relates, the same shall constitute a disputable presumption of the involvement of such
\ncandidate and of his principal campaign managers in each of the municipalities concerned, in the
\nconspiracy.<\/p>\n

The giver, offerer, and promisor as well as the solicitor, acceptor, recipient and conspirator
\nreferred to in paragraphs (a) and (b) of Section 1, Art X shall be liable as principals: Provided, That any
\npersons, otherwise guilty under said paragraphs who voluntarily gives information and willingly
\ntestifies on any violation thereof in any official investigation or proceeding shall be exempt from
\nprosecution and punishment for the offenses with reference to which his information and testimony
\nwere given: Provided, further, That nothing herein shall exempt such person from criminal prosecution
\nfor perjury or false testimony.<\/p>\n

ARTICLE IX<\/strong><\/p>\n

LEGAL FEES<\/strong><\/p>\n

SECTION 1. Collection of Legal Fees<\/strong>. – The Commission, through the BEO, or any of subordinate
\noffice is hereby authorized to collect fees as follows:<\/p>\n

a. For furnishing certified transcript of records or copies of any record, decision or ruling or entry
\nof which any person is entitled to demand and receive a copy, for every page. Php 5.00;<\/p>\n

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\nBAA 35<\/p>\n

b. For every certificate or writ or process. Php100.00;
\nc. In appropriate cases, for filing a second and succeeding motions for reconsideration. Php
\n500.00;
\nd. Reproduction of voluminous records such as list of voters, and similar documents, for every
\npage, Php 2.00;
\ne. For every search of any record of more than one year’s standing and reading the same, Php
\n200.00.<\/p>\n

SECTION 2. Payment of Fees<\/strong>. – The fees mentioned in the preceding section shall be paid to the
\ncashier of the COMELEC in BEO, who shall in all cases issue a receipt for the same and shall enter the
\namount received upon his book specifying the date when received, the fee, and the person from whom
\nit is received.<\/p>\n

The fees collected pursuant to this Code shall serve as operational expenses of the concerned office
\nfor office supplies and equipment, and other necessary expenses incurred by the office on official time.<\/p>\n

ARTICLE X<\/strong><\/p>\n

TRANSITORY PROVISIONS<\/strong><\/p>\n

SECTION 1. Manner of Election of Sectoral Representatives in the First Parliamentary <\/strong>
\nElection<\/strong>. \u2013 In the first Parliamentary election, the selection of the sectoral representatives for the
\nreserved seats in the Parliament shall be on the basis of election during assemblies especially called for
\nthe purpose by accredited and registered sectoral organizations of women, settlers, youth, \u2018Ulama,
\ntraditional leaders and Non-Moro Indigenous Peoples. Thereafter, the election of the sectoral
\nrepresentatives, except the non-Moro IPs, ulama, and traditional leaders, shall be synchronized with the
\nnational and local elections and automated in accordance with the automated election system.<\/p>\n

SECTION 2. Special Registration for Sectoral Voters<\/strong>. \u2013 The COMELEC, through the
\nBangsamoro Electoral Office, shall call for a special registration within the autonomous region to adopt
\na system for the registration of voters and election of candidates for sectoral representatives.<\/p>\n

SECTION 3. Effect of Filing of COC; Incumbent Members of the BTA<\/strong>. The incumbent
\nappointed members of the Bangsamoro Transition Authority, whose positions are elective by nature,
\nare not deemed ipso facto resigned upon the filing of their certificates of candidacy for the 2025
\nelections. Those Members of the Parliament who are designated to positions in the Cabinet and other
\nexecutive offices are likewise not deemed resigned for the same reason.<\/p>\n

SECTION 4. BARMM Political Party Subsidy Fund<\/strong>. – The Parliament may, by law, establish
\na BARMM Political Party Subsidy Fund, which may be used to support voter\u2019s education program and
\naugment the operating funds of registered political parties.<\/p>\n

SECTION 5. Transitory Limitation on the Power to Dissolve Parliament Upon Vote of No <\/strong>
\nConfidence<\/strong>. \u2013 The power to dissolve the Parliament and call for a new parliamentary election upon a
\nvote of no confidence shall not be exercised by the first elected parliament within eighteen (18) months
\nfrom the first BARMM Parliamentary Elections.<\/p>\n

ARTICLE XI<\/strong><\/p>\n

FINAL PROVISIONS<\/strong><\/p>\n

SECTION 1. Applicability Clause<\/strong>. – The COMELEC, consistent with its constitutional
\nmandate to enforce and administer all laws and regulations relative to the conduct of an election,
\nplebiscite, initiative, referendum, and recall, shall perform the same in accordance with existing laws
\nand regulations, except as otherwise provided in this Code.<\/p>\n

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\nBAA 35<\/p>\n

\nSECTION 2. Separability Clause<\/strong>. \u2013 If any part or provision of this Code is declared invalid
\nor unconstitutional, the other parts or provisions thereof shall remain valid and effective.
\nSECTION 3. Amendments and Revisions.<\/strong> – Any amendment to, revision, or repeal of this
\nCode shall be made by law enacted by the Bangsamoro Parliament.
\nSECTION 4. Effectivity<\/strong>. \u2013 This Code shall take effect fifteen (15) days after its publication in
\na newspaper of general and regional circulation.<\/p>\n

\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0
\n\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0ATTY. PANGALIAN M. BALINDONG
\n\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 Speaker<\/p>\n

This Act was passed by the Bangsamoro Parliament on Sha\u2019ban 16, 1444\/ March 8, 2023.<\/p>\n

\n\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 PROF. RABY B. ANGKAL
\n\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0Secretary-General<\/p>\n

\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 APPROVED:
\n\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 AHOD BALAWAG EBRAHIM
\n\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0Chief Minister
\n\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 Date: ___________
\n\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0xxx<\/p>\n

\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 Page 42 of 42
\n\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0BAA 35<\/p>\n

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BANGSAMORO TRANSITION AUTHORITY (FIRST REGULAR SESSION) BANGSAMORO AUTONOMY ACT NO. 35 Begun and held in Cotabato City, on Thursday, the 15th day of September 2022. AN ACT PROVIDING FOR THE BANGSAMORO ELECTORAL CODE OF THE BANGSAMORO AUTONOMOUS REGION IN MUSLIM MINDANAO Be it enacted by the Bangsamoro Transition Authority in Parliament assembled: ARTICLE I INTRODUCTORY PROVISIONS “Bangsamoro Electoral Code” SECTION 1. Title. – This Act shall be known and cited as the \u201cBangsamoro Electoral Code of 2023.\u201d SECTION 2. Purpose. \u2013 Pursuant to the Bangsamoro\u2019s right to self-governance to freely pursue its political, economic, social, and cultural development, the Bangsamoro Government hereby promulgates this Code to prescribe the structural, functional, and procedural principles in the conductof elections, plebiscites, initiatives, referenda, recall proceedings, and encourage the formation of genuinely principled political parties in the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM). SECTION 3. Declaration of Principles and Policies. \u2013 This Code shall be governed by the following principles and policies: a. The Bangsamoro Government, in pursuit of genuine and meaningful autonomy for the Bangsamoro, shall adopt an electoral system that is consistent with national election laws, allows democratic participation, and ensures accountability; b. The Bangsamoro Government shall have a democratic political system that allows its people to freely participate in the political processes within its territorial jurisdiction; c. It shall be the declared policy of the Bangsamoro Government to uphold fair election practices. Towards this end, the Bangsamoro Government shall ensure the conduct of free, orderly, honest, peaceful, and credible elections, reflective of the genuine will of the electorate, at all levels of government in the Bangsamoro; d. The Bangsamoro Government recognizes that political parties are the essence of a parliamentary democracy. It shall give life to the letter and spirit of the parliamentary nature of the Bangsamoro Government. A free and open regional party system shall be allowed to evolve according to the free choice of the people; Page 2 of 42 BAA 35 e. The Bangsamoro Government promotes gender inclusivity and recognizes the important role of women in nation building and in institutionalizing democratic processes. SECTION 4. Construction and Interpretation. – The provisions of this Code shall be given their ordinary meaning. However, in case of ambiguity, that interpretation which realizes the legislative intent of establishing and strengthening the parliamentary nature of the Bangsamoro Government and evolving genuinely principled political parties that veers away from personality-based politics shall be preferred. SECTION 5. Definitions. The specific terms as used in this Code shall have the following meaning: a. Automated election system (AES) is the system using appropriate technology which has been demonstrated in the voting, counting, consolidating, canvassing, and transmission of election results, and other electoral processes; b. Bangsamoro Registration and Accreditation Committee (BRAC) is the body which shall register and accredit regional political parties subject to the approval by the COMELEC en banc; c. Bangsamoro Electoral Office (BEO) refers to the office established by the COMELEC in accordance with the provisions of the Bangsamoro Organic Law (BOL) and this Code; d. Book of Voters refers to the compilation of all registration records in a precinct; e. Certificate of canvass refers to a document accomplished by the Board of Canvassers containing the total number of votes canvassed, in words and figures, obtained by candidates in barangay and Sangguniang Kabataan elections including referendum, plebiscite and such other special elections which adopts the manual system of election as the case may be; f. Election returns refers to a machine-generated document showing the date of the election, the province, municipality and the precinct in which it is held and the votes in words and\/or figures for each candidate in a precinct produced by the counting machine. For purposes of manual election, election returns refers to a document accomplished by the Electoral Board as a means of recording the votes in words and figures garnered by each candidate in a particular precinct, showing the date of the election, the polling place, the barangay and the city or municipality in which it was held, the total number of ballots found in the compartment for valid ballots, the total number of valid ballots withdrawn from the compartment for spoiled ballots because they were erroneously placed therein, the total number of excess ballots, the total number of marked or void ballots, and the total number of votes obtained by each candidate, writing out the said number in words and figures; g. Independent candidate refers to a person running for a parliamentary district seat but who is not affiliated to a registered regional party or coalition. h. Non-Moro Indigenous People or NMIP refers to those individuals who, not having ascribed or self-ascribed to the Moro identity, belong to tribes who have continuously lived as an organized community on communally bounded and defined territory and who have, under claims of ownership since time immemorial, occupied, possessed, and utilized such territories, and who share common bonds of language, customs, traditions, and other distinctive cultural traits. Among others, they include those NMIPs enumerated in Section 8, Article VII of Republic Act No. 11054, otherwise known as the BOL, the Arumanen Manobo tribe residing in the special Page 3 of 42 BAA 35 geographic areas of the Bangsamoro, and such other tribes as may be identified by the Ministry of Indigenous Peoples Affairs; i. Official ballot refers to the ballot, whether printed or generated by the technology applied, where AES is utilized, that faithfully captures or represents the votes cast by a voter recorded or to be recorded in electronic form; j. Parliamentary elections refer to the democratic process of voting for the members of the Bangsamoro Parliament consisting of party, district, and sectoral representatives; k. Parliamentary district seats refer to seats in the Parliament for those to be elected from single\u0002member parliamentary districts apportioned for the areas and in the manner provided for by the Parliament; l. Party representative seats refer to seats in the Parliament for those to be elected under a registered regional political party or coalition through…<\/p>\n

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