REPUBLIC OF THE PHILIPPINES

MINDANAO STATE UNIVERSITY

AMENDED AND RATIFIED ELECTION CODE

ARTICLE I
GENERAL PROVISIONS
Section 1. Title. This Code shall be known as the “ Election Code”.
Section 2. Coverage. This Code shall govern elections to the Supreme Student Council in the
“Mindanao State University – General Santos City campus.”
Section 3. Definition of Terms.
a.) College Student Organizations. This shall refer to the duly elected officers of every
College Student Organizations in the seven (7) Colleges of the University (i.e.
College of Agriculture, College of Business Administration and Accountancy,
College of Education, College of Engineering, College of Fisheries, College of
Natural Sciences and Mathematics, College of Social Sciences and Humanities).
b.) Sectoral Organizations. This shall refer to the student sectoral organization duly
recognized by the Office of the Students Affairs i.e. Indigenous People Students
Association, United Christian Council, United Muslim Association, Federation of
Mindanao State University Socio-Civic Organization and Greek Council.
c.) Ex-officios. This shall refer to the duly constituted student sectoral and college
representative from their respective organizations (as enumerated in letters (a) and (b)
of this section) as part of the Supreme Student Council.
d.) Supreme Student Council. This shall refer to the highest governing student
organization in the university (as distinguished from any College Student
Organization in the University as defined in letter (d) Section 3 of Article 1 of the
Election Code.
e.) Supreme Student Council Election. This shall refer to elections to all the positions in
the Supreme Student Council, which are the President, Vice-President, Secretary
General, Treasurer, Senators and College Representatives.
f.) Mindanao State University General - Santos City Campus or MSU-Gensan. This shall
refer to the Mindanao State University as composed of all units located in General
Santos City only.

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Section 4. Declaration of Objectives. The objectives of this Code are:
a. To institute a manner of election that shall uphold the autonomous, democratic and
representative character of the Supreme Student Council.
b. To provide safeguards designed to ensure orderly and properly coordinated elections;
c. To ensure that real and basic issues in elections are clarified;
d. To regulate election expenditures;
e. To define the qualifications of electors and candidates for elective positions;
f. To prescribe basic election rules, procedures, and other guidelines from the filing of
certificates of candidacy to the settlement of post-election protests; and
g. To define the creation, composition and functions of the Commission on Election.

ARTICLE II
ELECTIVE POSITIONS
Section 1. Composition of the Supreme Student Council.
The Supreme Student Council shall be composed of a President, Vice-President, Secretary
General, Treasurer, eight (8) Senators all elected at large, and ex-officios (as defined in letter (c)
Section 3 of Article I of this Code).
Section 2. Terms of Office
The duly elected officers or members of the Supreme Student Council shall hold office for one
academic year, including the summer term, to commence from the time they take their oath of
office until the next set of officers and other members of the Supreme Student Council for the
succeeding academic year shall have qualified and have been officially declared likewise by the
Commission on Election; unless sooner terminated in accordance with the provisions of Article
II, Section 2 and 3.
Section 3. Cessation of Tenure. The term of office of any incumbent officer or member of the
Supreme Student Council shall automatically terminate for any of the causes specified
hereunder:
a. Upon unconditional confirmation by the Board of Regents of his graduation;
provided, that if such confirmation takes place within one month immediately prior to
the date of the general commencement exercises of the University, the automatic
termination of term of his office shall take effect on the day following such
commencement exercises
b. Upon final approval by a competent college authority of his application for leave of
absence;
c. Upon disqualification from re-enrollment for any semester or term during the
academic year in his current academic program for scholastic reasons: Provided: That
the automatic termination of his term of office shall take effect upon receipt of a

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 written notice of disqualification issued by the Office of the Dean or the Office of the
College Secretary in the college where he was last enrolled in;
d. Upon his receipt of written notice, issued by a competent college/university
authority, of any of the following;
1. Honorable dismissal or
2. Suspension (i.e. as distinguished from mere preventive suspension for more
than one month, or
3. Expulsion/ dishonorable dismissal
Reconsideration of any of the actions specified in Article II, Section 3, Paragraphs (c) to (d)
above by the appropriate authorities shall operate as a reinstatement in office, unless, in the
meantime, another person shall have assumed permanently vacated.
Section 4. Filling of Vacancy. Vacancies arising from causes specified in the preceding section
shall be filled in the following manner:
a. If the office vacated is that of President, the Vice-President shall automatically
assume office as a President.
b. If the office vacated is that of Vice-President either because of assumption of offices
as President by the incumbent Vice-President pursuant to paragraph (a) above or by
reasons or causes specified in the preceding section, the Supreme Student Council
shall elect from among the Senators a new Vice-President
c. If the Office of the Secretary General and/or the Treasurer is vacated by reasons or
causes specified in the preceding section, the Supreme Student Council has the power
to appoint a bona fide student of Mindanao State University provided that such
student/candidate shall satisfy the qualifications in Article III, Section 1, letters (a) to
(c)
d. On the matter of filling up of vacancies for the position of Senator, the person elected
at large during the recent SSC election who is next in rank shall automatically assume
office as the New Senator.

ARTICLE III
QUALIFICATION OF CANDIDATES
Section 1. To qualify for any of the following Supreme Student Council positions, a candidate
must possess/ satisfy the following qualifications:
a.) A bona fide student of Mindanao State University – General Santos City;
b.) Enrolled in the University for at least two (2) consecutive semesters;
c.) Not holding a probationary, waived or dismissed academic status on the previous
semester immediately prior to the election;
d.) Not an overstaying student to the degree program he/she was enrolled – that is, six (6)
years for four-year degree programs and seven (7) years for five degree programs;

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 e.) Not holding any major position in all student organizations and publications in the
University such as President, Vice President, Secretary General, Editor-in-Chief, or any
equivalent position before and during his tenure. Otherwise, he/she must tender a
resignation letter and must acquire a clearance duly signed by his/her adviser; and
f.) Possessing at least a grade-point average (GPA) of 3.00 in two (2) consecutive previous
semesters.
ARTICLE IV
QUALIFICATION OF ELECTORS
Section 1. General Qualifications. To qualify as an elector in the general elections, he must be
a bona fide student of Mindanao State University during the Semester of the election.
ARTICLE V
COMMISSION ON ELECTION
Section 1. Composition of the Commission on Election. There shall be a Commission on
Election composed of fourteen (14) commissioners including a chairperson. The President of
every Student College Organization of the University shall endorse two (2) students from their
respective colleges to be a member of the commission on election. The commissioners will elect
among themselves a chairperson and shall endorse them to the Office of the Student Affairs.
Section 2. Functions of the Commission on Election. This Commission shall perform the
following functions:
a. To formulate and implement, consistently with the provisions of this Code, such as
implementing rules, regulations, and procedures as are necessary for the proper
conduct and coordination of Supreme Student Council Elections;
b. To supervise and coordinate the conduct of the Supreme Student Council elections;
c. To decide cases of violations of the provisions of this Code, the implemented rules,
regulations, and procedures adopted by the Commission as provided for herein above.
d. To process certificates of candidacy and other forms for the Supreme Student Council
positions;
e. To settle questions/ queries (as distinguished from protests or cases of violations)
regarding the provisions of this Code or the implementing rules, regulations, and
procedures adopted by the Commission as provided herein above;
f. To disqualify any candidate for any Supreme Student Council position prior to the
officially prescribed starting time of the general elections for any of the following
reasons:
1. Failure of the candidate to submit any of the requirements
prescribed in ARTICLE VII, Section 1 and 2 below;
2. Deficiency in any of the submitted requirements.
The decision of the Commission on Election pursuant to ARTICLE V, Section 2,
paragraph (f) above shall be final: Provided, that where the case falls under the

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 category of misinterpretation of facts, falsification of/ tampering with official
records, or the like, the Commission shall submit the case to the Office of the
Student Affairs for appropriate action.
g. To canvass election returns for Supreme Student Council positions and proclaim
winning candidates.
Section 3. Qualification of the Members of the Commission on Election. No member of the
commission shall be involved in any partisan political activity while serving the commission,
except to vote, as in the case of student members. A member of the commission must be a bona
fide student of this University and must not be candidates for any position in the Supreme
Student Council or any College Student Council, nor be accredited as officers of any University-
wide or College-wide political party while they are part of the Commission.

ARTICLE VI
ELECTION CALENDAR
Section 1. Determination of Date of Elections. The Commission on Election shall determine
the day of the Supreme Student Council Elections: Provided, that said election shall be held not
later than the first week of May.
Section 2. Election Period. The election period shall start on the first day for filing of
certificates of candidacy and last for not more than four weeks, unless extended by the
Commission on Election.
Section 3. First Week Schedule. The schedule of activities for the first week of the Election
period shall include the following:
a.) Filing of certificate of candidacy;
b.) Payment of monetary contributions to the Commission on Election prescribed in
Article VIII, Section 3 below and
c.) Submission of copies of party platforms or individual platforms in the case of
independent candidates.
d.) Release of official list of candidates; and
e.) Filing of complaints against candidates with the Commission on Election: provided,
that such complaints filed after the second week shall not be considered nor
entertained.
f.) In case of necessity, the COMELEC has the discretion to Modify the Election
Calendar to conform with the time availability.
Section 4. Second Week Schedule. The schedule of activities for the third week of the election
period shall include the following:
a.) Start of the official campaign period;

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 b.) Release of the common leaflets and putting up of the common tarpaulins, slate posters
and streamers;
c.) Holding a miting de avance for the purpose of presenting all the official Supreme Student
Council candidates subject to Article VIII, Section 2, letter (b) below.

ARTICLE VII
CERTIFICATE OF CANDIDACY
Section 1.
The following may file their certificates of candidacy with the Commission on Election within
the first week of the election period:
a.) A bona fide student running independently shall file their certificate of candidacy for
only one position. Those filing certificates of candidacy under two or more positions shall
be disqualified;
b.) A political party shall file the candidacy of the students running under its slate. Provided,
that such party can only file one certificate of candidacy for each position in the Supreme
Student Council. If the party files excess candidates for a position, the excess candidate
for that position shall be disqualified. The Commission on Election shall select at random
the excess candidates to be disqualified.
Section 2. Supporting Documents. Simultaneously with the filing of his certificate of
candidacy, the candidate, or the party he belongs to, shall submit to the Commission on Election
the following, within the time provided by the COMELEC;
a.) A copy of his/her validated certificate of registration in this semester
b.) A copy of his/her Report of Grades in his/her two previous semester
c.) A copy of his/her Good Moral
Deadlines must be observed strictly. Any request for extension or
reconsideration of a late submission shall be filed with the COMELEC through
the Office of the Student Affairs, during office hour. No communication shall be
received or entertained by any of the COMELEC member other than in the office
address of the COMELEC.

Section 3. Effect of Failure to Meet Requirement. Failure on the part of any candidate
for any of the Supreme Student Council positions to comply with any of the requirements
specified in Article VII, Section 1 and 2 above shall be sufficient ground for his
disqualification from running in the elections.
Section 4. Supporting Documents in Case of Assumption of Vacancy. Anyone who
has a right pursuant to/by operation of the provisions of Article II, Section 4 above, to
assume a vacant Supreme Student Council position shall not be allowed to assume such
position until he shall have satisfied all the requirements stipulated in Article VII, Section

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 2, paragraphs (a), (b) and (c) (except in case of one who as a qualified candidate, had
already complied with the aforecited requirements).

ARTICLE VIII
CAMPAIGN
Section 1. Campaign Materials.
a.) Only the following election materials are allowed:
1. Slate poster- 1 design, which may contain the photos and credentials of the
candidates of the slate
2. Thematic poster – newsprint, with no pictures of candidates
3. Slate handbill or sample ballot – newsprint, one color
4. Party’s General Program of Actions – newsprint, one color
5. Streamers
6. An independent candidate is allowed to have an election material of 1 design
which can contain his/her photo, credentials, and General Program of Action,
provided that, no two or more independent candidates may have a common
design, mark, or confusingly similar theme on their campaign materials.
7. Blogs, online slate posters, social networking sites and other forms of online
campaigning shall be allowed.
b.) Ribbons/name tags may be used for identification purposes.
c.) In general, any handmade personal campaign materials such as posters, pins, stickers,
flaglets, handbills, and other similar items shall be allowed.
d.) The giving, distribution and use of buttons, badges, matches, T-shirts, food,
multimedia promotional materials, gifts, and other forms of political gimmickry shall
be prohibited.
e.) No campaign materials shall be posted on walls, trees, street signs, electric posts,
power houses, lampposts, traffic signs, benches and other outside structures not meant
for posting.
f.) Streamers may be put in colleges if there is permission from the colleges concerned.
g.) No campaign materials shall be put outside the campus
h.) Statements (wall and/ or for mass distribution) on issues, and on the party and its
principles/positions/plans/programs are strongly encouraged. To avoid mudslinging,
no candidate’s name or direct allusion to such candidate shall appear in these
statements.
i.) Campaign materials shall be approved by the Office of the Student Affairs.
Any violation of this Section of this Code by any candidate shall constitute sufficient grounds for
his/her disqualification.
Section 2. Campaign Activities

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 a.) No motorcades, whether noisy or silent shall be allowed. Motorcades are defined as more
than two vehicles carrying election materials of one or more candidates going around the
campus in succession.
b.) There shall be one general miting de avance a day before the elections.
c.) College rallies and/or fora are allowed provided that there is permission from the colleges
concerned.
Section 3. Clean-up
a.) All parties and independent candidates shall be required to clean up the areas where they
posted campaign materials.
b.) There shall be a bond of P500.00 to be required of each party and a bond of P250.00 for
each independent candidate to ensure that they will clean up the places where they placed
campaign materials.
c.) Failure to clean up one week after the elections shall mean forfeiture of the bond and
disqualification from the next SSC elections.
d.) To get back the bond, clearances from the Office of the Student Affairs and from the
College Secretaries of the different college are required.
e.) The forfeited bond shall be used to defray the expenses for cleaning up. Any unexpended
amount will be turned over to the SSC.
Section 4. Sanctions
a.) Illegal posters shall be removed and concerned parties shall be warned of possible
disqualification from candidacy.
b.) The violator shall be ordered to tear down and withdraw all illegal materials, and turn
these over to the COMELEC.
c.) The tearing down and confiscation of illegal materials shall be without prejudice to
appropriate sanctions that the Commission on Election shall impose upon the erring party
or candidate.
d.) Disciplinary action shall be imposed on parties that violate these guidelines.
First offense – formal warning
Next offense – disqualification of 6 senators drawn by the COMELEC at random
Third offense – disqualification of whole slate
Depending on the seriousness of the offense, the Commission may directly
disqualify the erring party.
e.) For independent candidates who violate these guidelines, the sanctions shall be:
First offense – warning
Second offense - disqualification
Section 5. Room-to-Room Campaign. Room-to-Room campaign shall not be undertaken
without the permission of the instructor or professors concerned and present.

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 ARTICLE IX
ELECTION
Section 1. Election Time. The polls shall be open from 8:00 am to 5:00 pm with no lunch break.
All those within the premises of the polling place who have not yet voted as of closing time shall
be allowed to do so.
Section 2. Election Precincts. There shall be as many election precincts in every college or
building as are necessary at the discretion of the COMELEC.
Section 3. Election Assistants. Each precinct shall be presided over by four election assistants
who shall be designated and supervised by the COMELEC.
Section 4. Poll Watchers. In addition, political parties and independent candidates are entitled to
one poll watcher each in every polling or voting place. The poll watcher shall present to the
COMELEC a written appointment as watcher from the candidate or party whose interests he
represents.
Section 5. Voting Procedure. The voting procedure shall be as follows:
a.) The elector shall present his duly-countersigned I.D. or Certificate of Registration to the
election assistant, or in default thereof, a certificate from the College Secretary that he is
a bona fide student of the College;
b.) He signs his name in the Official Voter’s List prepared by the COMELEC and receives
the official ballot;
c.) He votes in an election booth and folds and drops the ballot in the ballot box.
Section 6. Campaign Area. Campaigning within ten meters of the polling place shall strictly be
prohibited.
Section 7. Ballots. Each candidate in a ballot must be identified as to what political party he
belongs, or that if he is running as an independent candidate.

ARTICLE X
AUTOMATED ELECTION
Section 1. Option to Hold Automated Elections
The Commission on Election shall have the option to hold automated elections provided
that the Commission shall express its selection prior to the scheduled elections; provided further
that the Commission shall choose from among the software approved and selected by the
COMELEC Chairman.

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Section 2. Approval and Selection of Software
The COMELEC Chairman shall approve the software/s which will be employed by the
Commissioners that have chosen to hold automated elections. The COMELEC shall come up
with implementing rules for the approval and selection of software and for testing of facilities to
be used for the automated elections.
Section 3. Facilities
The COMELEC shall coordinate with the Office of the College Secretary for the use of
appropriate facilities for automated elections.

ARTICLE XI
CANVASSINNG OF VOTES
Section 1. Counting of Ballots. Immediately after the close of voting and before the counting of
ballots, the members of the Commission shall note down the number of actual votes as shown in
the Voter’s List. They shall then open the ballot boxes and count the ballots, taking note of any
discrepancy between the number of students who voted and the number of ballots in the ballot
boxes. If there are more ballots than the number of students who voted, members of the
Commission shall remove, at random, and without unfolding them or seeing their contents, such
as number of ballots as correspond to the excess so that the number of ballots shall tally. If the
number of ballots is less than the number of actual voters, the same shall be noted but there shall
be no deduction from or addition to the ballots in the ballot box.
Marks other than “x” used by voters on ballots shall be considered valid provided that
these marks are clear indicators of a voter’s choice. These signs include: a check mark before the
name of the candidate, shading the blank space encircling or underscoring the name.
When a ballot indicates more votes than the number of slots for a position, the votes for
the position shall not be considered. However, the valid votes within the same ballot for other
positions shall still be considered.
Section 2. Canvassing of Vote. As soon as the counting of ballots is completed, the Commission
on Election shall proceed with the canvassing of votes. Each member of the Commission shall
examine the ballot before the votes are recorded.
Section 3. Settlement of Questions. Any questions regarding the vote or ballot from any one of
the members of the Commission or from the any of the duly-authorized poll watchers shall be
immediately decided by the majority vote of the members of the COMELEC.
Section 4. Breaking a Tie. Should there be a tie between two or more candidates; the said
candidates may negotiate to resolve the tie by resorting to a term-sharing agreement, re-election
or toss coin. Should the candidates fail to negotiate and/or agree, there will be a toss coin
between the candidates under the supervision of the COMELEC.

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Section 5. Unofficial Ballot. An invalid ballot shall be one that is:
a.) An unofficial ballot;
b.) A ballot that has been tampered with or defaced as determined by the Commission on
Election.
Section 6. Over-all report. The final results of the Supreme Student Council Elections shall be
embodied in a report certified to by all the members of the Commission on Election containing
the same points enumerated in Article IX, section 7 above.

ARTICLE XII
PROCLAMATION OF WINNING CANDIDATES
Section 1. Proclamation. The Commission on Election shall proclaim the winning candidates
for all Supreme Student Council positions upon completion of the tabulation of election results.
A copy of the list of duly elected Supreme Student Council officers shall be forwarded to the
Chancellor. Copies of the same shall be posted in conspicuous places in all
colleges/buildings/bulletin boards.

ARTICLE XIII
ELECTION PROTESTS
Section 1. Filing of Protests. All post-proclamation cases and protests shall be filed with the
Office of the Students Affairs no later than seven working days after Election Day.
Section 2. Functions of the Office of the Student Affairs. The Office of the Student Affairs
shall hear and decide protests and cases of violations brought before it and shall apply/impose
penalties/sanctions as provided for in this Code subject to the following rules:
a.) The OSA shall decide protests/cases of violations of the provisions of this Code and the
implementing rules, regulations, procedures and other guidelines, and decisions adopted
by the Commission on Election as provided hereinabove, subject to the following
conditions;
1. A decision shall be made within seven days after the case has been submitted the
OSA for decision; and
2. The OSA shall not prescribe/impose any form of penalty other than what are provided
in this Code.
b.) The decision of the OSA, in all cases, shall be final.
c.) The OSA shall hear and decide protests and cases of violations in accordance with the
provisions of this Code, the implementing rules, regulations, procedures and other
guidelines adopted aforementioned COMELEC, as well as such other necessary rules and
procedures as the OSA may adopt consistently with the provisions of this Code to enable
it to discharge its functions effectively.

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 ARTICLE XIV
PENALTIES
Section 1. Penalties for Cases of Violation Decided Before the Proclamation of Winning
Candidates.
a.) Penalty for violations committed by a candidate for any Supreme Student Council
position that are decided before proclamation of the winning candidates shall be either:
(1) reprimand, or (2) disqualification as such candidate, or (3) disqualification as such
candidate and elector in the forthcoming SSC Elections, depending on the gravity of the
offense.
If his disqualification as candidate stems only from his failure to submit any of the
requirements prescribed in ARTICLE VII, Sections 1 and 2 above, such disqualification
shall not necessarily include disqualification as elector.
However, if the act committed falls under the category of misinterpretation of
facts, tampering with/falsifying official record, or the like, the penalty may be
disqualification both as candidate and as elector in the forthcoming elections.
b.) The penalties for violations committed by a qualified elector or by a student who is not a
qualified elector that are decided before the proclamation of the winning candidates shall
be either: () reprimand, or (2) total disqualification from the participation in the
forthcoming SSC Elections, depending on the gravity of the offense.
c.) The penalty for violations committed by a political party shall be either: (1) formal
warning, or (2) disqualification of 6 senators drawn by the COMELEC at random, or (3)
disqualification of whole slate, depending on the gravity of the offense.
Section 2. Penalties for Cases of Violations Decided After Proclamation of the Winning
Candidates.
a.) The penalty for violations as committed by a candidate who has been proclaimed winner
that is decided after the said candidate is proclaimed shall be either: (1) reprimand, or ()
forfeiture of position and disqualification as a possible candidate in the SSC elections to
be held the following academic year, or (3) forfeiture of position and total
disqualification from participating in the aforesaid future elections, depending on the
gravity of the offense.
b.) The penalty for violations committed by a candidate who lost that is decided after
proclamation of winning candidates shall be either: (1) reprimand, or (2) disqualification
as a possible candidate in the SSC elections to be held the following academic year, or
(3) total disqualification from participating in the aforesaid future elections, depending on
the gravity of the offense.
c.) The penalty for violations committed by a qualified elector, or a student who is not a
qualified elector, that is decided after proclamation of winning candidates shall be either:
(1) reprimand, or (2) disqualification as a possible candidate in the SSC elections to be

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 held the following academic year, or (3) total disqualification from participating in the
aforesaid future elections, depending on the gravity of the offense.
d.) The penalty for violations committed by a political party shall be either: (1) formal
warning, or (2) disqualification of 6 senators drawn by the COMELEC at random, or (3)
disqualification of whole slate, depending on the gravity of the offense.

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PREPARED BY:

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