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.