It’s election season once again for the Philippines, and in this midterm election, the Filipino vote will elect over 18,000 officials at the national and local levels. As such, our understanding of our electoral rights and their legal basis is essential and highlighted especially for voters to protect their right to choose leaders freely, fairly, and wisely.
Enshrined in the 1987 Constitution is the Filipino citizen’s suffrage. Article 5 states that suffrage or the right to vote shall be exercised by all Filipino citizens who are 18 years old and above, who have resided in the Philippines for at least one (1) year, and in the place where they intend to vote for at least six (6) months before the election, and are likewise, not disqualified by law.
And at the core of Philippine electoral governance is the Omnibus Election Code (Batas Pambansa Blg. 881). It consolidates and codifies all existing laws on elections in the Philippines—from voter registration to the proclamation of winners—providing a comprehensive legal structure for electoral processes. Likewise, it is complemented by various laws that respond to the evolving needs of the electorate and the country’s political climate.
Here are the key election laws in the Philippines:
Voter’s Registration Act of 1996 (RA 8189)
The Voter Registration Act of 1996 establishes a system of continuing voter registration in the Philippines. It mandates the creation of a permanent list of voters and outlines the procedures for registration, including the filing of applications, verification of qualifications, and the approval or disapproval of applications by the Election Registration Board (ERB).
Per Section 27 of the said Act, it aims to cleanse the voters’ list by removing multiple or fraudulent registrations and ensuring that only qualified individuals are included. It also provides for the reactivation of registration for voters who failed to vote in two successive regular elections, thereby promoting an updated and accurate registry.
Fair Election Act (RA 9006)
The Fair Election Act regulates political advertising and election propaganda to ensure equal opportunities for candidates and parties (Sec. 2). It allows the use of mass media for campaign purposes but sets limits on airtime and publication space to prevent undue advantage. The Act also requires media entities to give equal access to all candidates and to report rates and discounts offered.
Furthermore, Section 5 of the Act mandates the disclosure of campaign expenditures and sources of funding. It prohibits the publication of election surveys within a specified period before the elections to prevent influencing voter preference unduly.
Overseas Absentee Voting Law (RA 9189)
The Overseas Absentee Voting Law enshrines the right of Overseas Filipino Workers (OFWs) and all other qualified Philippine citizens overseas to vote in national elections. It outlines the registration, voting, and vote-counting procedures for overseas absentee voters, as well as the disqualifications from registering and voting. RA 9189 designates the Department of Foreign Affairs (DFA) and the Commission on Elections (COMELEC) to facilitate such processes.
Election Modernization Act of 2007 (RA 9369)
The Election Modernization Act of 2007, amending RA 8436, seeks to modernize the electoral process by implementing the automated election system (AES). The Act establishes standards for the technology to be employed and enhances the legal frameworks that specify COMELEC’s duties. It also mandates source code review and the use of digital signatures to ensure the security and integrity of the elections.
It mandates a pilot testing of the AES in selected areas before full implementation to educate and train election personnel for the effective management of the AES.
Party-List System Act (RA 7491)
The Party-List System Act establishes a proportional representation through the party-list system in the House of Representatives (HOR), allowing national, regional, and sectoral parties or organizations of marginalized and underrepresented sectors to participate in the election.
It sets the qualifications, disqualifications, and cancellation of registration for party-list nominees, and the allocation of seats based on the percentage of votes obtained to diversify legislative representation and ensure that various groups have a voice and are represented in the policymaking process.
Synchronized National and Local Elections and Electoral Reforms Act (RA 7166)
RA 7166 provides for the synchronization of national and local elections once every three (3) years. It sets the dates for elections and establishes the procedures for the filing of candidacies, campaigning, and voting. It includes provisions for electoral reforms, such as the regulation of campaign expenditures and the use of firearms during the election season.
Resetting The First Regular Elections In The Bangsamoro Autonomous Region In Muslim Mindanao (RA 12123)
RA 12123 resets the first regular elections in the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) to October 13, 2025, from the supposed elections this May 12, 2025. The legislation amends Section 13, Article XVI of Republic Act No. 11054, known as the Organic Law for the BARMM or the Bangsamoro Organic Law, aligning the region’s electoral schedule with national timelines and ensuring a synchronized democratic process.
The Bangsamoro Parliament election on the said date is a historic event for both the country and the region, following the passage of their charter as an autonomous region.
/
These laws collectively uphold the framework, as well as the integrity, of the Philippine electoral system, ensuring that elections are conducted fairly and wisely, and that all Philippine citizens have the opportunity to exercise their right and participate in the democratic process.
Disclaimer: The content of this blog is for informational and educational purposes only and should not be considered as legal advice. While we strive to provide accurate and up-to-date information, the blog does not create an attorney-client relationship. For legal concerns or specific legal guidance, please consult a qualified lawyer.
To read more STLAF legal tidbits, visit www.sadsadtamesislaw.com/bits-of-law.
For comments, suggestions, and inquiries, email legal@sadsadtamesislaw.com.
Author/s: Patricia Mae L. Minimo
About the author: Patricia Mae L. Minimo is the STLAF's Legal Writer-Researcher. She is a Communication graduate from the University of the Philippines – Baguio with a major in Journalism and a minor in Speech Communication.