ORDINANCE NO. 01, SERIES OF 2022
AN ORDINANCE ENACTING THE OMNIBUS ELECTION CODE OF THE PARLIAMENTARY LEAGUE OF STUDENTS IN POLITICS PURSUANT TO SECTION 3, ARTICLE XIII, CHAPTER I OF THE 2021 CONSTITUTION OF THE PARLIAMENTARY LEAGUE OF STUDENTS IN POLITICS
Be it enacted by the Election Committee and duly concurred in by the Parliamentary Assembly:
Section 1. Title. This Ordinance shall be known and cited as the “Omnibus Election Code of the Parliamentary League of Students in Politics.”
Section 2. Applicability. This Code shall apply to the Parliamentary and Special Elections of the Parliamentary League of Students in Politics.
Section 3. Declaration of Policy. It is the prime duty of the Parliament to provide an honest and orderly election system that upholds the secrecy and sanctity of votes. Towards this end, the Parliament ensures equal opportunity to all qualified Members of Parliament in the exercise of the right to vote.
Section 4. Right to Vote. The right to vote shall be exercised by all eligible Members of Parliament unless disqualified by the Election Committee for a lawful cause.
Section 5. Grounds for Disqualification. The following lawful causes shall disqualify a Member of Parliament from exercising his/her to vote under this Code:
5.1 those who are not Members of Parliament at the time of the adoption of the 2021 Constitution of the Parliamentary League of Students in Politics;
5.2 those who are convicted of any crime or violation of any law, decree, ordinance, or regulation by any court or tribunal; or
5.3 those who are suspended by or expelled from the Holy Cross of Davao College, Inc. during the election period.
Section 6. Election Committee. The Election Committee (EleCom) shall secure the sanctity of votes and administer the Parliamentary and Special Elections. The composition of the EleCom established by the 2021 Constitution of the Parliamentary League of Students in Politics may be increased as may be deemed necessary by the Prime Minister. The EleCom has the discretion to seek the assistance of the school’s Commission on Elections in the conduct of the Parliamentary and Special Elections.
Section 7. Certificate of Candidacy. The filing and distribution of the Certificate of Candidacy (CoC) as a political party shall commence at least one (1) week before the schedule of the Parliamentary Elections or upon the determination of the EleCom.
The CoC shall contain the following: (1) Declaration of Candidacy; (2) Pledge of Commitment; and (3) Seal of Commitment. A template of the CoC is hereto attached as Annex A.
Any misrepresentation indicated on the CoC shall disqualify a candidate after due process. Should a candidate withdraw his/her candidacy, the Party Leader should substitute him/her before the commencement of the campaign period.
Section 8. Publication of Official List of Candidates. The Election Committee shall publish the Official List of Candidates on the official platforms of the Parliament immediately after the closing hours of the filing of the CoC.
Section 9. Campaign Period. The EleCom shall set the campaign period and provide additiional guidelines for the conduct of the campaign aside from the express provisions prescribed under this Code.
Section 10. Parliamentary and Special Elections. The EleCom shall set the schedule and venue of the Parliamentary Elections. The Parliamentary Elections can be conducted by ballot, online, or raising of hands, whichever is convenient and effective.
The Prime Minister and the Deputy Prime Minister shall be elected via a majority vote from the same political party. The Minister-General, the Chief Economic Minister, and the Chief Jurist shall be elected via a majority vote from either of the two political parties established by the 2021 Constitution of the Parliamentary League of Students in Politics.
In case of failure to reach the majority vote for an elective office, the EleCom shall convene a Special Election.
Section 11. Call for a Special Election. The EleCom, through a resolution or memorandum, shall convene a Special Election to elect the officer/s who is/are disqualified by the Electoral Tribunal or the Judicial Assembly for violation of the 2021 Constitution of the P-POL, the Omnibus Election Code, and such other rules and regulations that the EleCom may promulgate. The Special Election shall be held preferably two (2) days after the Parliamentary Elections but not later than the schedule of the Final Examinations, or upon the determination of the EleCom.
Section 12. Postponement of Election. When for any serious cause and during extraordinary circumstances that the conduct of a free, honest, and orderly election will be rendered impossible, the EleCom, motu proprio or upon the recommendation of the incumbent Prime Minister or advice of the Moderator, shall postpone the Parliamentary or Special Elections to a later date which should be held not later than the commencement of the First Semester of the ensuing academic year. The EleCom shall pass a resolution, which shall be published on the official platforms of the Parliament, to effect the postponement of the election.
Section 13. Impossibility of Election. When the conduct of the Parliamentary or Special Elections should become completely impossible due to valid, reasonable, and compelling reasons, the Moderator shall appoint the interim elected officers of the Parliament. Provided that, the interim elected officers are duly qualified under the 2021 Constitution of the Parliamentary League of Students in Politics.
Any action performed by the interim elected officers prior to the vote of confirmation shall be considered lawful and binding to the Parliament unless rescinded or repealed by the Parliamentary Assembly or declared unconstitutional by the Judicial Assembly for being repugnant to the 2021 Constitution of the Parliamentary League of Students in Politics.
The interim elected officers shall be deemed duly elected officers upon confirmation via a majority vote of the bona fide Political Science students during the First General Assembly of the First Semester of the ensuing academic year. The vote of confirmation may be held by ballot, online, or raising of hands, whichever is convenient and effective.
Failure to reach the required majority vote of confirmation shall warrant the Moderator to call for another round of voting until the interim elected officers are duly confirmed.
After holding the vote of confirmation, the duly elected officers, together with the appointed Chairpersons and Members of the Standing Committees, shall take their oath before the Moderator.
Section 14. Proclamation of Winners. The Election Committee, through a memorandum or resolution, shall proclaim the winners after the Parliamentary or Special Elections.
Section 15. Appointment to the Standing Committees. The Members of Parliament shall be appointed by the Prime Minister, either as Chairpersons or Members, to any of the following Standing Committees:
15.1 Academic Affairs;
15.2 Social and Cultural Affairs;
15.3 Policy, Research, and Public Opinion;
15.4 Election;
15.5 Finance and Audit;
15.6 Constitutional Reforms;
15.7 Parliamentary Rules and Procedures;
15.8 Public Relations;
15.9 Ethics and Discipline; and
15.10 Legislation and Codes.
A Political Science student, who is an elected or appointed officer of the Supreme Student Government or any organization duly accredited by the school, can be appointed to become a Member of a Standing Committee.
During extraordinary circumstances, the elected and appointed officers of the organs of the Parliament can also be appointed to become a Member of a Standing Committee.
A Member of Parliament appointed as a Chairperson or Member of a Standing Committee by the Prime Minister need not be confirmed by the Commission on Appointments.
Section 16. Commission on Appointments. The Commission on Appointments, headed by the newly elected Chief Jurist of the Judicial Assembly and composed of not more than five (5) members who shall be popularly selected by the Members of Parliament from the Parliamentary Assembly, shall meet immediately upon receipt of the List of Nominees for the Cabinet Ministries from the newly elected Prime Minister to collectively concur via a majority vote with the appointments made by the Prime Minister to the appointive offices of the organs of the Parliament.
Failure to reach the required majority vote to confirm the appointments of the appointed officers to the organs of the Parliament shall warrant the Chief Jurist of the Judicial Assembly, in his/her capacity as the Chairperson of the Commission on Appointments, to request in writing the newly elected Prime Minister to submit a new set of appointed officers not later than two (2) days from receipt thereof.
Upon receipt of the new set of appointed officers, the Commission on Appointments shall immediately meet to collectively confirm their appointments. After the meeting, the Commission on Appointments shall transmit a notice of confirmation to the newly elected Prime Minister.
Section 17. Creation of the Parliament. The newly elected Prime Minister shall, immediately after the Parliamentary or Special Elections, submit a List of Nominees for the Cabinet Ministries to the Commission on Appointments for its confirmation.
After the confirmation, the Prime Minister shall issue a memorandum to notify the school community and the Parliament of the newly elected and appointed officers of the organs of the Parliament. They shall take their oath of office before the Moderator of the P-POL before the Second Semester concludes.
Those Members of the Parliament who are or will be appointed by the Prime Minister to the Standing Committees, either as Chairpersons or Members, shall take their oath before the Moderator during the First General Assembly of the First Semester of the ensuing academic year.
Section 18. Oath of Office. The newly elected and appointed officers shall take the following oath before the Moderator:
“I, (name), having been elected or appointed to the position of (state the position) of the Parliamentary League of Students in Politics (P-POL), do hereby solemnly pledge and swear, that I will conscientiously and faithfully discharge to the best of my ability the duties and responsibilities of my office; that I will uphold and defend the Constitution and bear true faith and allegiance to the same; that I will obey and enforce the ordinances, rules and regulations, and policies of the PPOL; that I will actively participate in and support all activities, programs, and projects that shall benefit the P-POL in general; and that finally, I shall impose this obligation upon myself voluntarily and without mental reservation or purpose of evasion. So, help me God.”
Section 19. Dissolution of the Parliament. The Parliament shall be dissolved after the newly elected and appointed officers have taken their oath.
Section 20. Vacancies. The Prime Minister shall appoint a Member to fill in a vacant elective or appointive office in any organ of the Parliament, which shall take effect upon the concurrence of the Commission on Appointments.
Section 21. Term of Office. All elected and appointed officers of the Parliament shall serve for one (1) academic year only, which shall begin after the oath of office and end after the dissolution of the Parliament.
Section 22. Transition of Functions and Powers. The incumbent officers shall extend the necessary assistance to ensure the orderly transfer and smooth transition of functions and powers to the newly elected and appointed officers.
Section 1. The Prime Minister. The Prime Minister, who is elected via a majority vote by the Members of Parliament during the Parliamentary Elections, is the overall head of the Parliament and the P-POL.
Section 2. Qualifications. No Member of Parliament can become a Prime Minister unless he/she is:
2.1 a bona fide Political Science student of the Holy Cross of Davao College, Inc.;
2.2 has a General Weighted Average of at least 2.5 or 85% from the immediately preceding semester;
2.3 a member in good standing of the organization;
2.4 not an elected or appointed officer of any organization within the school;
2.5 not engaged in full-time employment; and 2.6 not convicted of any crime or violation of any law, decree, ordinance, or regulation by any court or tribunal.
Section 3. The Deputy Prime Minister. The Deputy Prime Minister is the secondhighest-ranking officer of the Parliament elected via a majority vote by the Members of Parliament from the same political party as the Prime Minister.
Section 4. Qualifications. No Member of Parliament can become a Deputy Prime Minister unless he/she is:
4.1 a bona fide Political Science student of the Holy Cross of Davao College, Inc.;
4.2 has a General Weighted Average of at least 2.5 or 85% from the immediately preceding semester;
4.3 a member in good standing of the organization;
4.4 not an elected or appointed officer of any organization within the school;
4.5 a member who has already taken the major subject Parliamentary Rules and Procedures;
4.6 not engaged in full-time employment; and
4.7 not convicted of any crime or violation of any law, decree, ordinance, or regulation by any court or tribunal.
Section 5. Team Election of the Prime Minister and the Deputy Prime Minister. The Prime Minister and the Deputy Prime Minister shall be elected from the same political party.
Section 1. The Minister-General. The Minister-General shall be elected via a majority vote by the Members of Parliament during the Parliamentary Elections. He/she should be a nominee of a political party established by the 2021 Constitution of the P-POL before he/she can file his/her certificate of candidacy to the Election Committee.
Section 2. Qualifications. No Member of Parliament can become a Minister-General unless he/she is:
2.1 a bona fide Political Science student of the Holy Cross of Davao College, Inc.;
2.2 has a General Weighted Average of at least 2.7 or 83% from the immediately preceding semester;
2.3 a member in good standing of the organization;
2.4 not an elected or appointed officer of any organization within the school; and
2.5 not convicted of any crime or violation of any law, decree, ordinance, or regulation by any court or tribunal
Section 1. The Chief Economic Minister. The Chief Economic Minister shall be elected via a majority vote by the Members of Parliament during the Parliamentary Elections.
He/she should be a nominee of a political party established by the 2021 Constitution of the P-POL before he/she can file his/her certificate of candidacy to the Election Committee.
Section 2. Qualifications. No Member of Parliament can become a Chief Economic Minister unless he/she is:
2.1 a bona fide Political Science student of the Holy Cross of Davao College, Inc.;
2.2 has a General Weighted Average of at least 2.7 or 83% from the immediately preceding semester;
2.3 a member in good standing of the organization;
2.4 not an elected or appointed officer of any organization within the school; and
2.5 not convicted of any crime or violation of any law, decree, ordinance, or regulation by any court or tribunal.
Section 1. The Chief Jurist. The Chief Jurist shall be elected via a majority vote by the Members of Parliament during the Parliamentary Elections.
He/she should be a nominee of a political party established by the 2021 Constitution of the P-POL before he/she can file his/her certificate of candidacy to the Election Committee.
Section 2. Qualifications. No Member of Parliament can become a Chief Jurist Minister unless he/she is:
2.1 a bona fide Political Science student of the Holy Cross of Davao College, Inc.;
2.2 has a General Weighted Average of at least 2.5 or 85% from the immediately preceding semester;
2.3 a member in good standing of the organization;
2.4 a member who has already taken the major subject Parliamentary Rules and Procedures;
2.5 not an elected or appointed officer of any organization within the school; and
2.6 not convicted of any crime or violation of any law, decree, ordinance, or regulation by any court or tribunal.
Section 1. Definition of Bi-Party System. A Bi-Party System creates a structure where the electorate gives a significant majority of its votes to only two major parties.
Section 2. Nomination. No Member of Parliament shall be eligible to run for an elective office unless he/she is a nominee of either of the two political parties established by the 2021 Constitution of the P-POL.
Section 3. Official Political Parties. The first political party shall be referred to as “Partido Lakas ng Kabataan (Lakas Party).” The second political party shall be called “Partido ng Makabayang Kabataan (Makabayan Party).” Each political party shall determine its principles, purposes, ideologies, and programs of government.
Section 4. Party Caucus. Each political party shall conduct a Party Caucus, at least three (3) days before the filing of the certificate of candidacy, to nominate its candidates for the Parliamentary Elections. The Election Committee shall, after the Party Caucus, require each party to publish its nominees, principles, purposes, ideologies, and programs of government on the official platforms of the Parliament.
Section 5. Partido Lakas ng Kabataan. The Partido Lakas ng Kabataan or simply Lakas Party is anchored on the significance of serving beyond politics. It believes in the collective strength of each Member of Parliament to attain the aims and aspirations of the Parliamentary League of Students in Politics.
Below is the official seal of the party:
Section 6. Partido ng Makabayang Kabataan. The Partido ng Makabayang Kabataan or Makabayan Party was established in December 2014 when the 2014 Constitution and By-laws of the P-POL was ratified. The party puts its faith in the ability of every Member of Parliament to lead and take full responsibility for his/her duties and obligations in the organization.
The official seal of the party is as follows:
Section 7. Provisional Amendment of Party Name. The party names may be amended upon submission of a formal request to and subsequent approval of the Election Committee. Such amendment shall only be effective for the election period within which the concerned Party Members run for the elective offices. In no case shall such amendment be construed as a direct or indirect amendment of the 2021 Constitution of the P-POL.
Section 8. Summary Hearing for the Petition for Amendment of Party Name. The Election Committee, upon receipt of a petition for amendment of a party name from a political group, shall conduct a summary hearing therefor. No petition for amendment of a party name shall be entertained when the election period has already commenced.
A petition for amendment of a party name should be sufficient in form and substance. It should contain the names, arguments, and justifications of the petitioner/political group. The absence of any of the aforementioned contents will result in the outright dismissal of the petition.
If the petition is found to be meritorious, the party’s name shall be provisionally amended. If the petition is without merit, the petitioner/political group shall use the name of the party prescribed under the 2021 Constitution of the P-POL and in this Code.
The decision, which shall contain the material facts and reasons of the Election Committee, shall be final and unappealable.
Section 9. Party Discipline. The members of each party shall exhibit party discipline during the election period and in the performance of their respective duties and responsibilities. The Election Committee shall strictly prohibit political turncoatism and disqualify, after due process, those candidates who will be found guilty thereof.
Section 10. Suability of Political Party and Candidate. A political party or candidate may be sued by another political party or candidate before the Electoral Tribunal for violation of the 2021 Constitution of the P-POL, Omnibus Election Code of the P-POL, Pledge of Commitment in the CoC, and such other rules and regulations that the Election Committee may promulgate.
Section 1. Definition of Campaigning. Campaigning is defined as any attempt to influence a potential voter’s vote. Campaigning includes mentioning one’s candidacy or making any statement that might be interpreted as a position statement reflecting what actions the candidate would take if elected.
Section 2. Election Period. The election period will begin from the date of the filing of the Certificate of Candidacy until the elected officers of the Parliamentary League of Students are duly proclaimed by the Election Committee.
Section 3. Manner of Campaign. The Election Committee shall require the candidates to state their positions on issues and their plans for the Parliamentary League of Students in Politics, directly and positively.
Section 4. Prohibition Against Personal Attacks. The candidates and their supporters are prohibited from making personal attacks against other candidates. Any occurrence thereof shall be dealt with accordingly by the Election Committee/Electoral Tribunal upon receipt of a written complaint.
Section 5. Permitted Campaign Materials. The permitted forms of campaign materials include those flyers published or distributed by the candidates and those sent or posted on electronic mail addresses, SMS or text message, and social networking/messaging sites (e.g., Facebook, Messenger, Twitter, Viber, Instagram, among others).
Section 6. Contents of Election Propaganda. The election propaganda should state the party ideology, platforms, policies, plans, and programs of government. Any misrepresentation committed by a political party or candidate shall be acted upon by the Election Committee.
Section 7. Frequency of Publication of Election Propaganda. There are no limits on the number of campaign messages or materials sent or posted electronically. However, the candidates and their supporters are advised to use restraint with electronic messages of all kinds, as these are often illreceived by voters, especially if voters perceive that they are being spammed.
Section 8. Publication on the Official Platforms of the P-POL. The candidates and their supporters are encouraged to post their campaign materials or videos on the Facebook group of the Political Science Community. They can also request the administrators of the P-POL Facebook page to have their campaign materials or videos published thereon.
Section 9. Supporter-Initiated Campaign. Personal testimonies from the supporters regarding the competence of a candidate may also be published on their social media accounts, the Facebook group of the Political Science Community, and other platforms of the P-POL.
Section 10. Prohibition against Fundraising. It shall be unlawful for the candidates and their supporters to raise funds to augment their resources for the campaign.
The candidates and their supporters are encouraged to be resourceful and innovative in creating their campaign materials. After due process and investigation, a guilty party or candidate shall be required to return the fund to the sponsors.
Failure of a guilty party or candidate to submit a proof of return shall disqualify him/her from proceeding with his/her candidacy or provisionally prohibit him/her from assuming an elective office if elected.
Section 11. Campaign from Other Entities. Positive endorsements from other organizations, schools, or courses are lawful.
Section 12. Miting de Avance. The Election Committee shall hold a virtual or physical Miting de Avance at least two (2) days before the date of Parliamentary Elections. It shall be participated in by the candidates for Prime Minister from each political party (i.e., Lakas Party and Makabayan Party). The Miting de Avance may be streamed live on the Facebook page of the PPOL.
A Miting de Avance shall provide an opportunity for the voters to discern and know better the platforms, policies, and plans of the candidates for Prime Minister and their respective political parties.
The following guidelines shall govern the Miting de Avance:
12.1 Each candidate for Prime Minister has a maximum of five (5) minutes to deliver his/her preliminary speech.
12.2 After the preliminary speech, the Question Hour shall then commence.
12.3 The Question Hour is an interrogative debate format, in which the questions that will be asked by the Election Committee to the candidates will come from the Faculty Members of Political Science and/or the Members of the Parliamentary League of Students in Politics.
The Question Hour has three (3) categories:
First, personal questions. These questions pertain to the academic, professional, and moral competence of the candidates.
Second, political questions. Political questions are questions about current socio-economic and political issues within the school community, in the country, and around the world.
Third, developmental questions. These questions will delve into the programs, policies, and plans of the candidates for Prime Minister and their respective political parties for the Parliament.
12.4 The Chairperson or any of the members of the Election Committee shall serve as a Moderator of the Miting de Avance.
12.5 Each candidate has three (3) minutes to answer the questions during the Question Hour. A follow-up question may be raised and answered by the concerned candidate in two (2) minutes.
12.6 Personal attacks by a candidate against another shall be prohibited.
12.7 The Election Committee may invite a Political Science Faculty Member or a Member of Parliament to personally ask a question during the Miting de Avance.
12.8 The supporters may post their comments, opinions, or insights on the live stream post of the Miting de Avance.
12.9 After the Question Hour, the candidates from each political party shall deliver their closing statements and endorse their party candidates (i.e., Deputy Prime Minister, MinisterGeneral, Chief Economic Minister, and Chief Jurist).
12.10 The candidates shall be required to shake their hands after the Miting de Avance as a mark of their professionalism and sportsmanship.
Section 13. Offline Debate. The Election Committee may require the candidates to participate in an offline debate. An offline debate refers to the publication on the official platforms of the organization of the candidates’ responses to a set of questions prepared by the Election Committee. The offline debate may be held during the campaign period but not later than the date of the Miting de Avance.
Section 14. Closing of Campaign Period. The campaign period shall close a day after the Miting de Avance.
Section 15. Prohibition after the Campaign Period. All forms of campaigning are prohibited after the campaign period. Those who will be found guilty of this offense shall be reprimanded by the Election Committee and required to issue a written or oral apology to the Members of Parliament.
Section 16. Prohibition during the Election Day. It shall be unlawful to distribute, online or otherwise, any campaign paraphernalia such as but not limited to sample ballots, stickers, leaflets, and other analogous election propaganda during the Election Day.
Any party, candidate, or supporter who will be found guilty of this offense shall be invited to attend a conference with the Moderator. The Moderator, upon the recommendation of the Election Committee, has the discretion to impose a penalty on the violator. The penalty to be imposed may be in the form of a written reprimand, fine, or disqualification, depending on the degree of the offense/s committed.
Section 1. Classification of Election Offenses. Election offenses with corresponding penalties are classified into grave and less grave, depending on their gravity or depravity and effects on the integrity and sanctity of the election.
Section 2. Grave Offenses. The following grave election offenses shall be punishable by disqualification:
1. Vote-buying and vote-selling.
1.1 Any candidate who gives, offers or promises money or anything of value, gives or promises any grant, or makes or offers to make an expenditure, directly or indirectly, in order to induce anyone or the electorate in general to vote for or against any candidate or withhold his vote in the election, or to vote for or against any aspirant for the nomination or choice of a candidate in a convention or similar selection process of a political party.
1.2 Any candidate who solicits or receives, directly or indirectly, any expenditure or promise of any grant, for any of the foregoing considerations.
2. Conspiracy to bribe voters. Two or more candidates who come from the same or different political party come to an agreement concerning the commission of any violation of paragraph (a) of this section and decide to commit it.
3. Wagering upon the result of the election. Any candidate who bets or wagers upon the outcome of, or any contingency connected with an election. Any money or thing of value or deposit of money or thing of value put as such bet or wager shall be forfeited to the Parliament.
4. Coercion of voters. Any candidate who coerces or intimidates or compels, or in any manner influence, directly or indirectly, to aid, campaign or vote for or against another candidate.
5. Threats, intimidation, terrorism, use of fraudulent device or other forms of coercion. Any candidate who, directly or indirectly, threatens, intimidates or actually causes, inflicts or produces any violence, injury, punishment, damage, loss or disadvantage upon any person or persons or that of the immediate members of his family, his honor or property, or the participation in a campaign or refraining or desistance from any campaign, or the casting of any vote or omission to vote, or any promise of such campaign, vote, or omission therefrom.
6. Coercion of Election Committee Chairperson or Member. Any candidate who, directly or indirectly, threatens, intimidates, terrorizes, or coerces the Chairperson or Members of the Election Committee in the performance of their election functions or duties.
7. Prejudicial Discrimination and Unethical Conduct. Any candidate who demonstrates, directly or indirectly, prejudicial discrimination or unethical conduct against people and groups based on characteristics such as race, gender, physical health, age, religion, or sexual orientation.
8. Serious Dishonesty. A candidate who misleads the Election Committee by stating in the Certificate of Candidacy that he/she meets the qualifications for the elective office prescribed in this Code and under the 2021 Constitution of the Parliamentary League of Students in Politics and, therefore, qualified to run for the position.
9. Disloyalty. Any candidate who exhibits disloyalty to the Parliamentary League of Students in Politics by maligning or besmirching the good name of the organization including the imputation of malice or bad faith against the incumbent officers of the Parliament and the Faculty Members of the Holy Cross of Davao College, Inc.
10. Unlawful electioneering. Any candidate who distributes, online or otherwise, any campaign paraphernalia such as but not limited to sample ballots, stickers, leaflets, and other analogous election propaganda during the Election Day.
11. Corruption. Any candidate who bribes, either monetary or in-kind, the Election Committee Chairperson or any Member thereof to manipulate or alter the results of the election in his/her favor and against the interest of another candidate or political party.
12. Conviction of a Crime Involving Moral Turpitude. Any candidate convicted of a crime involving moral turpitude under existing laws, rules, and regulations of the Republic of the Philippines.
Section 3. Less Grave Offenses. The following less grave offenses shall be punishable by reprimand or fine, or both:
1. Refusal to Participate in the Miting de Avance. Any candidate for Prime Minister who refuses to participate in the Miting de Avance without any lawful and valid reason.
2. Refusal to Participate in Offline Debates. Any candidate for an elective office who refuses to participate in offline debates absent any cogent reason or valid excuse.
3. Premature Campaigning. Any candidate or party who campaigns earlier than the date prescribed by the Election Committee.
4. Failure to Participate in Election-Related Undertaking. Any candidate who fails to participate in any election-related undertaking organized by the Election Committee without prior formal notice shall be held liable.
5. Failure to affix signature in the Certificate of Candidacy. Any candidate who fails to affix his/her signature in the Certificate of Candidacy without the slightest effort to attach the same upon learning thereof.
6. Obliteration of the Certificate of Candidacy. Any candidate who obliterates, destroys, or cancels any Certificate of Candidacy duly filed and which has not been cancelled by the Election Committee.
7. Propagation of Misinformation or Disinformation. Any candidate who, for the purpose of disrupting or obstructing the election process or causing confusion among the voters, propagates false and alarming reports or information or transmits or circulates false orders, directives, or messages regarding any matter relating to the postponement of the election, the transfer of polling place, or the general conduct of the election.
8. Fundraising. Any candidate who raises fund, directly or indirectly, to augment the resources for the campaign shall be penalized for deliberately deviating from the established injunctions of this Code.
9. Willful Disobedience. Any candidate who does not heed the guidelines and directives of the Election Committee regarding the conduct of the election shall be sanctioned.
10. Unlawful Removal of Notices and Communications. Any candidate who removes, tears, defaces, or destroys any notice or communication of the Election Committee within the school premises and through online platforms during the election period shall be punished accordingly.
Section 3. Penalties. The Parliamentary Assembly shall pass an ordinance for the penalties to be imposed upon those who will be held guilty of a less grave election offense.
Section 1. Election Complaints and Contests. A party, candidate, or voter may file a complaint against or contest the victory of another candidate for violation of the 2021 Constitution of the P-POL, Omnibus Election Code of the PPOL, Pledge of Commitment in the CoC, and other pertinent rules and regulations that may be promulgated by the Election Committee.
Section 2. Election Complaint or Contest against the Prime Minister or the Deputy Prime Minister. An election complaint or contest instituted against the newly elected Prime Minister or the Deputy Prime Minister shall be treated independently.
Section 3. Electoral Tribunal. The Chairperson and the Members of the Election Committee shall concurrently sit as an Electoral Tribunal to try, hear, and decide an election complaint or contest.
Section 4. Authority of the Electoral Tribunal. The Electoral Tribunal shall have the power to issue supplemental rules, when necessary and proper, in hearing and deciding an election complaint or contest. The Electoral Tribunal shall render its decision thereon in not more than three (3) days after the Preliminary Investigation or the Summary Hearing unless extended for a reasonable cause. An election case decided with finality by the Electoral Tribunal may be appealed by a petitioner before the Judicial Assembly.
Section 5. Initiation of Complaint. Initiation of complaint for election offenses may be done motu proprio by the Electoral Tribunal or upon written complaint by any party, candidate, or voter.
Section 6. Petition for Quo Warranto. Any party, candidate, or voter contesting the election of any Member of Parliament to an elective office on the ground of ineligibility or disloyalty to the Parliamentary League of Students in Politics shall file a petition for quo warranto before the Electoral Tribunal immediately after the proclamation of the results of the election but not later than the oath-taking of the elected and appointed officers.
Section 7. Effect of Pending Election Complaint or Contest. A newly elected officer with a pending election complaint or contest before the Electoral Tribunal shall not be allowed to take his/her oath of office before the Moderator until the election complaint or contest is decided.
Section 8. Form and Venue of Complaint. When not initiated motu proprio by the Electoral Tribunal, the complaint must be verified and supported by affidavits and/or any other evidence and filed before the Electoral Tribunal. Motu proprio complaints may be signed by the Chairperson of the Tribunal, or any Election Committee Member upon the instruction of the Chairperson, and need not be verified.
Section 9. Referral for Preliminary Investigation. If the complaint is initiated motu proprio by the Electoral Tribunal, or is filed with the Electoral Tribunal by any aggrieved party, the Chairperson of the Electoral Tribunal shall refer the complaint to an Election Committee Member/s for investigation immediately upon receipt thereof.
Section 10. Conduct of Preliminary Investigation. The Preliminary Investigation is conducted in this manner:
If based on the complaint, affidavits, and supporting evidence, the investigating officer/s finds no ground to continue with the inquiry, he/she/they shall recommend the dismissal of the complaint. Otherwise, he/she/they shall issue a subpoena to the respondent, attaching thereto a copy of the complaint, affidavits, and other supporting documents giving said respondent twenty-four (24) hours from receipt within which to submit a counter-affidavit and other supporting documents. The respondent shall
have the right to examine all other evidence submitted by the complainant. Such counter-affidavits and other supporting evidence submitted by the respondent shall be furnished by him/her to the complainant.
If the respondent cannot be subpoenaed, or if subpoenaed, does not submit counter-affidavits within the prescribed period, the investigating officer/s shall base his/her/their resolution on the evidence presented by the complainant.
If the investigating officer/s believe/s that there are matters to be clarified, he/she/they may set a hearing to propound clarificatory questions to the parties or their witnesses, during which the parties shall be allowed to be present but without the right to examine or cross-examine. If the parties so desire, they may submit questions to the investigating officer/s which the latter may propound to the parties or witnesses concerned.
Thereafter, the investigation shall be deemed concluded, and the investigating officer/s shall resolve the case within forty-eight (48) hours from receipt of the counter-affidavit of the respondent. Upon the evidence thus adduced, the investigating officer/s shall determine whether or not there is prima facie case to hold the respondent for Summary Hearing. If in the negative, the complaint shall be dismissed and the candidate shall be proclaimed as the duly elected winner of the elective office.
Prime facie case refers to the evidence which, if unexplained or uncontradicted, is sufficient to sustain a judgment in favor of the issue it supports, but which may be contradicted by other evidence.
Section 11. Presumption of Existence of Probable Cause. A complaint initiated motu proprio by the Electoral Tribunal is presumed to be based on sufficient probable cause and the investigating officer/s must forthwith issue the subpoena mentioned in the immediately preceding section.
Section 12. Summary Hearing. After finding that there is prima facie case to hold the respondent for Summary Hearing, the Electoral Tribunal shall issue a Notice of Charge to the respondent.
A Notice of Charge contains the material facts, findings, observations, and a directive for the respondent to submit a written Memorandum, Answer, or Position Paper to the Notice of Charge within forty-eight (48) hours from receipt thereof.
Failure of the respondent to submit the required Memorandum, Answer, or Position Paper within the prescribed period shall be considered a waiver of the opportunity to submit the same and the case shall be decided based on available records.
The Electoral Tribunal shall decide the election case in not more than three (3) days from receipt of the Memorandum, Answer, or Position Paper.
If the Electoral Tribunal finds the Memorandum, Answer, or Position Paper submitted by the respondent satisfactory, it shall issue an Order of Dismissal. If the same is not satisfactory, the Electoral Tribunal shall issue a Decision, which will contain the material facts, issue/s, and ruling. The Decision shall be published on the official platforms of the organization.
If the Decision of the Electoral Tribunal becomes final and executory, the Election Committee shall call for a Special Election for the position in accordance with Section 11, Article I of this Code. The political party, where the disqualified candidate is affiliated with, shall nominate a candidate for the Special Election.
Section 13. Appeal before the Judicial Assembly. A Decision rendered by the Electoral Tribunal, not in favor of a candidate, may be appealed before the Judicial Assembly via a petition for review within two (2) days from issuance and receipt of the Decision of the Electoral Tribunal.
Failure of the respondent to appeal the Decision of the Electoral Tribunal before the Judicial Assembly within the prescribed period shall render the Decision of the Electoral Tribunal final and executory.
Section 14. Jurisdiction of the Judicial Assembly. The Judicial Assembly shall have exclusive power to review the propriety and lawfulness of the decision of the Electoral Tribunal based on the pertinent provisions of this Code and applicable jurisprudence of the Philippine Supreme Court. Any appeal based on factual questions shall be dismissed.
The Judicial Assembly shall decide the petition in not more than three (3) days from receipt thereof. The decision of the Judicial Assembly, which is final and executory, should be published on the official platforms of the Parliament.
Section 15. Flexibility of Rules of Procedure. The Preliminary Investigation and the Summary Hearing shall be conducted without strict recourse to technical rules of procedure and evidence applicable to judicial proceedings.
Section 16. Effect of Decision for or against the Candidate. If the Judicial Assembly reverses or modifies the decision of the Electoral Tribunal, the candidate shall be proclaimed as the duly elected winner of the position.
If the Judicial Assembly sustains the decision of the Electoral Tribunal that the respondent is disqualified, the Judicial Assembly shall direct the Election Committee to hold a Special Election for the position in accordance with Section 11, Article I of this Code. The political party, where the disqualified candidate is affiliated with, shall nominate a candidate for the Special Election.
Section 16. Eligibility for Appointment of a Disqualified Candidate. A candidate who did not obtain a favorable decision from the Electoral Tribunal and/or the Judicial Assembly shall be eligible to be appointed to a Cabinet Ministry or a Standing Committee of the Parliament.
Section 1. Publication. A copy of this Code should be published on the official platforms of the Parliamentary League of Students in Politics.
Section 2. Construction. This Code shall be liberally construed, interpreted, and applied in accordance with the 2021 Constitution of the Parliamentary League of Students, subject to the judicial power of the Judicial Assembly.
Section 3. Separability Clause. If any provision of this Code is declared unenforceable or unconstitutional, the remainder thereof shall not be affected.
Section 4. Repealing Clause. All ordinances and orders inconsistent with the provisions of this Code shall be considered amended or modified accordingly.
Section 5. Effectivity. This Code shall take effect upon concurrence of the Parliamentary Assembly.
This Omnibus Election Code of the Parliamentary League of Students in Politics was enacted by the Election Committee on the 09th day of April 2022 and duly concurred in by the Parliamentary Assembly as Ordinance No. 01, series of 2022 on the ____ day of April 2022 at the Holy Cross of Davao College, Inc., Davao City, Philippines.