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Transcript of Election code
PAMANTASAN NG LUNGSOD NG MAYNILA
(University of the City of Manila)
Intramuros, Manila
ELECTION CODE
Article I – GENERAL PROVISION
Section 1. Title. This code shall be known and cited as the “The PLM College Student Council
and Supreme Student Council Election Code.”
Section 2. Applicability. The code shall govern the elections of PLM CSC and SSC Officers and to
the extent appropriate, all referenda and plebiscites.
Section 3. Election and election Periods. Election of the Supreme Student Council Officers and
the College Student Council Officers shall be held every Friday of the last week of
February. The campaign periods for said election shall be four (4) days to commence on
Monday and to end at midnight of Thursday immediately preceding election day.
The period for filing of candidacy for the election of the SSC Officers and CSC Officers
shall commence on Monday and ends at 12:00 noon of Friday of the third week of
February. The announcement of official candidates shall be at 3:00 in the afternoon
of Friday, when the COMELEC conducts an orientation.
The registration of political parties shall be on the second week of February
commencing on Monday and ends at 12:00 noon of Friday.
Proclamation of winners shall be made on the first Monday after the elections.
Section 4. Obligation to Vote. It shall be the right and duty of every bonafide student of PLM to
cast his vote.
The COMELEC shall submit to the Dean of college a list of students who do not cast their
votes. The deans may, upon their discretion, undertake appropriate action against their
students.
Section 5. Postponement of Election. If whenever holdings of free, orderly and honest election
should become impossible due to serious causes such as violence, loss of destruction of
election records and other similar causes, as well as failure of the COMELEC to convene
on the specified date as provided for in the Constitution, the Commission, shall motu
proprio postpone the section to a date not later than thirty (30) days after the cession
of the cause.
Section 6. Availability of the Election Code. A printed copy of this code shall be provided and
be made available by the Commission in order that it may be readily consulted by any
person in need thereof.
Article II – ELIGIBILITY OF CANDIDATES AND POLITICAL PARTIES
Section 7. Qualification. Candidates for any position in the PLM SSC and CSC should possess the
following qualifications:
a. Except for candidates belonging to the Colleges of Law and Medicine, a candidate
must be in good academic standing with a GWA of 2.5 or above with no failing or
incomplete grades during the past semester immediately preceding the election. For
candidates from the colleges of Law and Medicine, enrollment in these colleges is
sufficient compliance of the requirement of this section;
b. must be a regular student and taking the normal semestral load prescribed in the
curriculum;
c. must have been a student of the University one semester prior to the time of
election;
d. must not have been found guilty of any disciplinary action or any act contrary to law,
as evaluated by the Dean of Office of Student Affairs.
e. must not be an officer of any PLM organization.
Section 8. Certificate of Candidacy. No person shall be eligible for any office unless he files a
sworn a certificate of candidacy within the period fixed herein.
A person who has filed a certificate of candidacy may, prior to the election withdraw the
same by submitting within three (3) days before the announcement of the official
candidates a written declaration of withdrawal. A political from which the withdrawing
party belongs may substitute another candidate in place of the former.
No person shall be eligible for any more than one office to be filed in the same election,
and if he files his certificates of candidacy for more than one office, he shall be not
eligible to any of them.
The candidate shall certify in the certificate that he intends to be a candidate for a
particular office and that he has all the qualifications required under the PLM SSC and
CSC Constitution.
Section 9. Candidates for the same office bearing the same name and surname. When there
are two or more candidates for an office with the same name and surname, each
candidate upon being made aware of such fact shall state his paternal and maternal
name or surname, except for the incumbent who may continue to use the name and
surname stated in his certificate of candidacy when he was elected.
Section 10. Names and Aliases. Pseudonyms or aliases shall be entertained by the Commission
provided that it is stated in the certificate of candidacy. Names other than those
submitted to the Commission shall not be considered.
Section 11. Accreditation of New Electoral Parties. The Commission shall accredit new parties
provided that they submit a written declaration stating their name, their objectives and
a complete slate of candidates. Submission of these requirements must be made within
the period prescribed by this code. Electoral parties accredited by the Commission in the
past elections need not submit a new application for accreditation.
Section 12. Registration of Existing Electoral Parties. Parties already accredited in the past
elections are required to register with the Commission within the period prescribed by
this code. They should submit to the Commission the official logo and complete name of
the party, the name of its Chairman, Campaign Manager and Secretary.
Article III- CAMPAIGN ELECTION PROPAGANDA
Section 13. Campaign Outside Campaign Period. Election campaign or any form of partisan
electoral activity outside the campaign period prescribed by this Code is prohibited. Any
candidate or party found violating this provision shall be penalized with a 10%
deduction from the total votes of each party candidate.
Section 14. Lawful Election Propaganda. Lawful election propaganda shall include:
a. pamphlets, leaflets, card or other printed materials;
b. handwritten or printed letters urging voters to vote for a particular candidate or
party;
c. cloth, paper and cardboard posters, the size of which must not exceed that of a
cartolina;
d. one streamer for each party (alliance) or independent candidate the size of which
must not exceed 2 feet by 10 feet. Streamers are to be set-up only within the period
and sites prescribed by the Commission. The phrase “vote for” must be included in
all banners and streamers.
Section 15. Any party or candidate found violating the requirements prescribed by the next
preceding section shall be subjected to a 10% deduction in the total number of votes a
party or candidate garners in the election.
Section 16. Prohibited Election Propaganda. The use of election propaganda materials
considered destructive to school property such as candles, waxes, glue, staple wires
and the likes are prohibited. Likewise, no campaign materials may be posted inside the
classrooms. The Commission may order the seizure and confiscation of such prohibited
materials.
Section 17. Classroom Campaigns. Candidates maybe allowed to conduct room to room
campaign during the campaign period. Such classroom campaign must have the consent
of professors/instructors in charge of the class.
Section 18. Removal, destruction of lawful propaganda. It shall be unlawful for any person
during the campaign period to remove, destroy or in any manner deface, tamper or
prevent the distribution of lawful election propaganda. Any voter found violating this
section shall not be allowed to vote. In case, the offender is a candidate, he shall be
disqualified to seek any elective office.
Distributing campaign materials or the wearing of T-shirts, caps and the like with names
of candidates or any political party on election day within 30 meters from the polling
place is prohibited. However, sample ballots which do not contain the phrase “VOTE
FOR” may be allowed. Any voter found violating this section shall not be allowed to vote
in case he has voted, the same shall be invalidated. In case, the offender is a candidate,
he shall be disqualified to seek any elective office.
All campaign materials must be removed by the candidates before the election day. Any
candidate or party found violating this requirement shall be penalized with a 10%
deduction of its total votes.
Article IV – ELECTION OFFENSES
Section 19. The following shall be considered as election offenses:
a. Giving money or other material consideration to influence, induce or corrupt the voters
or the voters or officials performing electoral functions;
b. Committed cases, acts of violence in pursuing a candidacy;
In either case, the candidate found guilty of committing these offenses shall be
disqualified from pursuing his candidacy or if elected, shall not be allowed to assume office.
Article V – CHALLENGE/PROTEST
Section 20. Protest; form; Period. All electoral protests must be made in writing and attested
by at least two (2) witnesses. The protest must contain the ground for such protest and
a detailed narration of the circumstances surrounding such protest. The period for filling
the protest shall be within 24 hours from the time of violation, infraction or illegal act
has been allegedly committed. No protest/challenge shall be entertained by the
Commission beyond the 24 hours prescribed by this Code.
Section 21. Protest on Eligibility and Qualification of Candidates. All protest related to the
eligibility and qualifications of the candidates must be filed within three days from the
announcement of official candidates is made. No protest shall be heard beyond the
three-day period prescribed by this Code.
Section 22. Hearing. Any candidate against whom a protest or challenged is directed shall be
notified of the charges against him within 24 hours from the time the protest is filed. He
shall be required to file an answer within 24 hour from the time he is informed of the
charges against him. Upon submission of the answer, the case shall be deemed
submitted for resolution unless the Commission finds it necessary to conduct a hearing,
in which case a hearing may be set before promulgation of the decision. In any case, the
decision for the Commission is final.
Article IV – COMMISSION ON ELECTIONS
Section 23. Composition of the Commission of Elections. The Commission shall be composed
of eight (8) students representing the eight colleges in the University duly appointed by
their respective Deans. The members shall elect among themselves their Chairman, Vice
Chairman, and secretary.
Section 24. Commission Advisers. Two (2) faculty members elected by the Commission and the
director of Student Discipline, Welfare, and Alumni shall compose the COMELEC Board
of Advisers.
Section 25. Creation of the COMELEC. One week before February 1, the Office of Student
Affairs shall notify the respective Deans of the different colleges as to their
recommendations for the post of COMELEC Commissioners.
Section 26. Qualifications of COMELEC Commissioners. Student members appointed as
commissioners must be in good academic standing during the past two semesters
immediately preceding the election day.
Section 27. The term of office of all commissioners including their faculty advisers shall be one
year from February 1.
Section 28. Student members of the Commission are disqualified from seeking any position in
the PLM SSC and CSC.
Section 29. The Commission shall have the following powers, duties and functions:
a. To receive and authenticate certificates of candidacy;
b. To accredit and discredit political parties;
c. To promulgate, enforce, and administer rules relative to the over-all supervision and
conduct of election;
d. To decide cases pertaining to the qualifications of candidates;
e. To announce to the studentry the voting system and names of the official candidates
of the PLM SSC and CSC not less than one week prior to the election;
f. To make known the results and proclaim the winners in the elections immediately
after canvassing the votes;
g. To settle and decide on all election controversies.
Section 30. In case of electoral irregularities involving any member of the Commission, they
shall appoint a replacement in place of the erring member. The person so appointed
must possess all qualifications for the said position.
Section 31. The Commission shall convene on the first day of February of each year.
Article VII – CITIZEN ELECTION COMMITTEE
Section 32. Appointment. The Commission through its duly authorized representatives shall
request the College Deans to appoint at least ten (10) days before election day, six (6)
students to compose the Citizens Election Committee of their respective colleges. The
committee shall be composed of three (3) poll clerks and three (3) canvassers. The
members of the Committee shall decide among themselves who shall act as Chairman.
Members of the Committee shall be excused for their classes when performing their
functions prescribed by this Code.
Section 33. Powers and Duties. The Citizens Election Committee shall have the following
powers and duties:
a. Conduct the voting and counting of votes in their respective colleges;
b. Act as deputies of the Commission in the supervision and control of the election in their
colleges;
c. Performs such other functions as may be assigned by the Commission.
Section 34. Substitution; replacement of Members. A member of the Committee can be
replaced or substitute only when the former is incapacitated to perform the duties
assigned to him due to absence, sickness and other valid reasons. The Commission shall
name a replacement in his place.
Section 35. Prohibition to Engage in Political Activity. No member of the Committee is allowed
to take part in any electoral activity except to discharge their duties and to exercise their
right to vote.
ARTICLE VIII- WATCHERS
Section 36. Official Watchers; Qualifications. All accredited parties and independent
candidates are entitled to place one watcher in each voting centers. Political parties may
also appoint alternatives who may discharge the rights of a watcher in case the regular
watcher is unable to discharge his functions. No person shall be appointed as watcher
unless:
a. he is a qualified voter;
b. he is of good moral character and shall not have been convicted of any election
offenses or of any other crime as certified by the Office of Student Affairs;
c. he is not related within the second civil degree of consanguinity to any member of
the Citizens Election Committee of the voting center where he is a watcher.
Section 37. Commission may authorize Observers. The Commission may authorize civic,
religious and academic organizations to place observers in voting centers.
Section 38. Duties and Powers of Watchers. Upon entering the voting center, the watcher shall
present to the Chairman of the Citizens Election Committee his appointment signed by
the candidate or party he represents and a certification from the Office of Student
Affairs as prescribed by the preceding section. A watcher shall have the following
powers:
a. to witness the proceedings in the voting centers;
b. to record what he may see or hear;
c. to file a protest for any irregularity which he believed has been committed by the
Committee;
d. to read the ballots after they shall have been read by the Chairman of the
Committee;
e. to read the election returns after they have been completed and signed by the
members of the committee.
However, in no case shall a watcher be allowed to touch the ballots or the election
returns. A watcher is also prohibited from talking to any member of the Committee.
Article IX- CASTING OF VOTES
Section 39. Voting Hours. Election shall commence at 9:00 in the morning and shall end at 7:00
of the same day in voting centers designated by the Commission except when there are
voters present within a radius of 30 meters from any voting center, In which case the
election may continue but only to allow said voters to cast their votes. The poll centers
shall without delay prepare a list of said voters consecutively numbered.
Section 40. Preliminaries of Voting. The Citizens Elections Committee shall meet at the voting
center designated by the Commission at 8:00 in the morning of election day and shall
have the list of voters, official ballots and other necessary materials.
Immediately thereafter, the committee shall open the ballot box, empty its contents
and exhibits the same in full view of those present. The Chairman shall in forthwith
show to the public and the watchers present the official ballots received from the
Commission showing that the ballots have not been filled. The committee shall record
such fact in the minutes.
Section 41. Procedure of Voting. A voter goes to the designated polling place as announced in
the bulletin boards. To vote, student must present his identification card and his
student number in the voter’s registry list. After due verification, the poll official
assigned therein will hand him a ballot. A voter who has been handed a ballot shall not
be allowed to go out of the voting center until he has dropped his ballot in the ballot
box.
Section 42. Spoiled Ballots. If a voter shall spoil or deface a ballot in such a way that it cannot
be lawfully used, he shall surrender it folded to the Chairman who shall note in the
corresponding space in the voting record that the ballot is spoiled. The voter shall then
be entitled to another ballot which the Chairman shall give him after announcing the
number of the second ballot and recording said number in the corresponding space in
the voting record. However, no voter shall change his ballot more than twice.
Article X – COUNTING OF VOTES
Section 43. Counting and Resumption of Counting. As soon as the voting is finished, the
election committee shall publicly count in the voting centers or place designated by the
Commission. Counting shall start immediately after the last ballot had been cast which
shall be continued until the last ballot.
Section 44. Manner of Counting Votes. The counting of votes shall be made in the following
manner:
a. The committee shall unfold the ballot and form separate piles of one hundred
ballots each;
b. The Chairman of the committee shall take the ballots of the first pile one by one and
read the names of the candidates voted in the order in which they appear thereon;
c. The poll canvasser shall record on the election returns and the tally board or sheet
each vote as the names voted for each office are read. The ex-officio aide shall see
to it that the chairman reads the vote as written on the ballot;
d. After finishing the first pile of ballots, the committee shall determine the total
number of votes recorded for each candidate, the sum being noted on the tally
board/sheet on the election returns;
e. In the cases of discrepancy, such recount as may be necessary shall be made;
f. After all the ballots have been read, the committee shall sum up the total recorded
both on the tally board/sheet and on the election returns. It shall then be placed in
the counted ballots in an envelope prepared for the purpose which shall be closed,
signed and deposited in the compartment for valid ballots. The tally board/sheet
shall be kept in the compartment for valid ballots.
Section 45. Rules for the Appreciation of Ballots. In the reading and appreciation of ballots, the
committee shall observe the following rules:
a. Where only the first name of the candidate or only his surname is written, the vote
for such candidate is valid, if there is no other candidate with the same first name or
surname for the same office.
b. When on the ballot is written a single word which is the first name of the candidate
and which is the surname of his opponent, the vote shall be counted in favor of the
latter.
c. When two words are written on the ballot, one of which is the first name of a
candidate and the other is the surname of his opponent, the vote shall not be
counted for either.
d. A name or surname incorrectly written which, when read has a sound similar to the
name or surname of a candidate which correctly written shall be counted in his
favor.
e. When a space in the ballot, there appears a name of a candidate that is erased and
another clearly written, the vote is valid for the latter.
f. When an erroneous initial of the first name accompanies the correct surname of the
candidate, it shall not annul the vote in favor of the candidate provided that not
other candidate carries the same surname otherwise the vote shall be annulled.
g. When an erroneous initial of the surname accompanies the correct first name of the
candidate, it shall be counted in favor of the candidate provided that no other
candidate carries the same first name otherwise; the vote shall be annulled.
h. The use of nickname and appellation of affection and friendship if accompanied by
the first name or surname of the candidate does not annul such vote. If the
nickname used is unaccompanied by the name or surname of a candidate and it is
the one written in his application for candidacy, submitted to the Commission on
Elections, the same shall not be annulled provided no other candidates bears the
same nickname otherwise it shall be annulled.
Section 46. Alteration and Correction in the Election Returns. Any correction or alternative
made in the election returns by the committee before the announcement of the results
of the election in the voting center shall be duly initialed by all members thereof.
Section 47. Vote required. A majority vote of all members of the committee shall be necessary
to render a major decision.
Section 48. Canvass Proclamation and Oath Taking of Winners. Within two (2) days after the
election of officers, the Commission shall meet in session and on the basis of the
election returns, proclaim the candidates who obtained the majority of votes for that
particular position.
Majority of votes means 50%+1 of the entire population of the University. However, if
the total number of votes cast fall short of the majority, resort shall be made to the
plurality system in proclaiming the winner.
The proclaimed winners shall be sworn into office not later than ten (10) days with the
presence of the President of the University or his representative.
Section 49. Suspension and Annulment of Proclamation. The Commission shall be the sole
judge of all the proclamation controversies and on its decisions, order or rulings shall be
final and executor. It may suspend or annul the proclamation of any candidate-elect
upon written protest and hearing as may be employed by this Code.
Any protest regarding election results must be filed within 24 hours from the last hour
of the canvassing of the election returns. Any protest that may delay the proclamation
of official winners shall be subjected to a penalty of P300.00 pesos.
Section 50. Election resulting in a tie. Whenever it shall appear from the canvass that two or
more candidates have received equal and consequently the highest number of votes, or
in cases where two or more candidates received the same number of votes for the last
place in the required number of positions to be elected, the Commission after recording
this fact in its minutes, shall by resolution upon three (3) days notice to all tied
candidates, hold special public meeting at which the Commission shall proceed to the
drawing of lots of the candidates who may have tied and shall proclaim as elected
candidate who may be favored the luck. The candidate so proclaimed shall have the
right to assume office in the same manner as if he had been elected by plurality vote.
The Commission shall forthwith make a certificate stating the name of the candidates
who had been favored by luck and his proclamation on the basis thereof.
Section 51. Final Provision. The Election Code, adopted by the 1998-99 Commission members
shall govern all student elections in PLM unless amended, revised or repealed by this
Commission or succeeding COMELEC Commissioners. This code shall take effect upon its
approval.