PHILIPPINE POLITICAL LAWS ______________

THE BASICS
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PREFACE
This book provides a handy compilation of the following basic Philippine political laws: (1) the 1987 Philippine Constitution; (2) the Local Government Code of 1991; (3) the Administrative Code of 1987; and (4) the Omnibus Election Code of the Philippines. In addition, this book includes the following: (1) the Universal Declaration of Human Rights; and (2) the International Covenant on Economic, Social and Cultural Rights. Two things inspired the publication of this book (which is part of a series of books on basic Philippine laws). First, lawyers often find themselves in meetings, court hearings, or other situations where they need to make a quick check of a legal provision. With this compilation being available in electronic book format, lawyers will have easy access to basic Philippine laws wherever they may be (through their notebook computers, mobile phones, and electronic reading devices). Law students will also find this compilation useful as it includes the major political laws covered by the Philippine bar examinations. Second, we have seen Philippine laws published online and in traditional form; we were surprised with how several provisions of law, as published, differ from how they should actually read. A case in point is Batas Pambansa Blg. 881, otherwise known as the Omnibus Election Code of the Philippines. For example, in several online versions, including the version found at the website of the Commission on Elections (COMELEC)(as last examined on February 20, 2011), Section 57 reads as follows: SEC. 57. Measures to ensure enforcement. For the effective enforcement of the provisions of this Code, the Commission is further vested and charged with the following powers, duties and responsibilities: 1. To issue search warrants after examination under oath or affirmation of the complainant and the witnesses However, Section 57, as published in the Official Gazette, should read as follows:

SEC. 57. Measures to ensure enforcement. For the effective enforcement of the provisions of this Code, the Commission is further vested and charged with the following powers, duties and responsibilities: 1. To issue search warrants after examination under oath or affirmation of the complainant and the witnesses he may produce and particularly describing the place to be searched, the things to be seized, and which power shall be exercised during the election period only (Sec. 3, Art. IV, Const.) The underscored phrase is missing from several online versions. Another example relates to the first paragraph of Section 52. Several online versions, including the COMELEC website version (as last examined on February 20, 2011), read: SEC. 52. Powers and functions of the Commission on Elections. In addition to the powers and functions conferred upon it by the Constitution, the Commission shall have exclusive charge of the enforcement and administration of all laws relative to the conduct of elections for the purpose of ensuring free, orderly and honest elections, and shall: (a) Exercise direct and immediate supervision and control over national and local officials or employees, including members of any national or local law enforcement agency and instrumentality of the government required by law to perform duties relative to the conduct of elections. In addition, it may authorize CMT cadets eighteen years of age and above to act as its deputies for the purpose of enforcing its orders. However, the first paragraph of Section 52, as amended by Republic Act No. 9369, should read: Sec. 52. Powers and functions of the Commission on Elections. In addition to the powers and functions conferred upon it by the Constitution, the Commission shall have exclusive charge of the enforcement and administration of all laws relative to the conduct of elections for the purpose of ensuring free, orderly and honest elections, except as otherwise provided herein and shall: (a) Exercise direct and immediate supervision and control over national and local officials or employees, including members of any national or local law enforcement agency and instrumentality of the government required by law to perform duties relative to the conduct of elections. In addition, it may authorize CMT cadets eighteen years of age and above to act as its deputies for the purpose of enforcing its orders. The underscored phrase is missing from several online versions. In this compilation, we exerted effort to faithfully reproduce the law. However, for your convenience, we added appropriate notes, in italics and enclosed in parenthesis, after certain provisions to indicate that such provisions have been amended or repealed by a later law. HERALD DIGITAL LAW PUBLISHING February 20, 2011