Election

REPUBLIC ACT NO.8436 AN ACT AUTHORIZING THE COMMISSION ON ELECTIONS TO USE AN AUTOMATED ELECTION SYSTEM IN THE MAY 11, 1998 NATIONAL OR LOCAL ELECTIONS AND IN SUBSEQUENT NATIONAL AND LOCAL ELECTORAL EXERCISES, PROVIDING FUNDS THEREFOR AND FOR OTHER PURPOSES. Section 1. Declaration of policy. — It is the policy of the State to ensure free, orderly, honest, peaceful and credible elections, and assure the secrecy and sanctity of the ballot in order that the results of elections, plebiscites, referenda, and other electoral exercises shall be fast, accurate and reflective of the genuine will of the people. Sec. 2. Definition of terms. — As used in this Act, the following terms shall mean: 1. Automated election system — a system using appropriate technology for voting and electronic devices to count votes and canvass/consolidate results; 2. Counting machine — a machine that uses an optical scanning/mark—sense reading device or any similar advanced technology to count ballots; 3. Data storage device — a device used to electronically store counting and canvassing results, such as a memory pack or diskette; 4. Computer set — a set of equipment containing regular components, i.e., monitor, central processing unit or CPU, keyboard and printer; 5. National ballot — refers to the ballot to be used in the automated election system for the purpose of the May 11, 1998 elections. This shall contain the names of the candidates for president, vicepresident, senators and parties, organizations or coalitions participating under the party-list system. This ballot shall be counted by the counting machine; 6. Local Ballot — refers to the ballot on which the voter will manually write the names of the candidates of his/her choice for member of the House of Representatives, governor, vice-governor, members of the provincial board, mayor, vice-mayor, and members of the city/municipal council. For the purpose of the May 11, 1998 elections, this ballot will be counted manually; 7. Board of Election Inspectors — there shall be a Board of Election Inspectors in every precinct composed of three (3) regular members who shall conduct the voting, counting and recording of votes in the polling place. For the purpose of the May 11, 1998 elections, there shall be special members composed of a fourth member in each precinct and a COMELEC representative who is authorized to operate the counting machine. Both shall conduct the counting and recording of votes of the national ballots in the designated counting centers; 8. Election returns — a machine-generated document showing the date of the election, the province, municipality and the precinct in which it is held and the votes in figures for each candidate in a precinct directly produced by the counting machine; 9. Statement of votes — a machine-generated document containing the votes obtained by candidates in each precinct in a city/municipality; 10. City/municipal/district/provincial certificate of canvass of votes — a machine-generated document containing the total votes in figures obtained by each candidate in a city/municipality/district/ province as the case may be; and 11. Counting center — a public place designated by the Commission where counting of votes and canvassing/consolidation of results shall be conducted. Sec. 3. Qualifications, rights and limitations of the special members of the Board of Election Inspectors. — No person shall be appointed as a special member of the board of election inspectors unless he/she is of good moral character and irreproachable reputation, a registered voter, has never been convicted of any election offense or of any crime punishable by more than six (6) months imprisonment or if he/she has pending against him/her an information for any election offense or if he/she is related within the fourth civil degree of consanguinity or affinity to any member of the board of election inspectors or any special member of the same board of Election Inspector or to any candidate for a national position or to a nominee as a party list representative or his/her spouse. The special members of the board shall enjoy the same rights and be bound by the same limitations and liabilities of a regular member of the board of election inspectors but shall not vote during the proceedings of the board of election inspectors except on matters pertaining to the national ballot. Sec. 4. Duties and functions of the special members of the Board of Election Inspectors. — 1. During the conduct of the voting in the polling place, the fourth member shall: (a) accomplish the minutes of voting for the automated election system in the precinct; and (b) ensure that the national ballots are placed inside the appropriate ballot box; 2. On the close of the polls, the fourth member shall bring the ballot box containing the national ballots to the designated counting center; 3. Before the counting of votes, the fourth member shall verify if the number of national ballots tallies with the data in the minutes of the voting; 4. During the counting of votes, the fourth member and the COMELEC authorized representative shall jointly accomplish the minutes of counting for the automated election system in the precinct; 5. After the counting of votes, the fourth member and the COMELEC authorized representative shall jointly: (a) certify the results of the counting of national ballots from the precinct; and (b) bring the ballot box containing the counted national ballots together with the minutes of voting and counting, and other election documents and paraphernalia to the city or municipal treasurer for safekeeping. Sec. 5. Board of Canvassers. — For purposes of the May 11, 1998 elections, each province, city or municipality shall have two (2) board of canvassers, one for the manual election system under the existing law, and the other, for the automated system. For the automated election system, the chairman of the board shall be appointed by the Commission vice-president. In addition. computer equipment. inspite of its diligent efforts to implement this mandate in the exercise of this authority. the Commission on Elections. For this purpose. herein referred to as the System. lease or otherwise any supplies. Features of the system. Authority to use an automated election system. The System shall contain the following features: (a) use of appropriate ballots. . 7. 1998 elections.from among its personnel/deputies and the members from the officials enumerated in Sec. the Commission is authorized to procure by purchase. the Commission shall acquire automated counting machines. organizations or coalitions participating under the party-list system. Sec. the elections for both national and local positions shall be done manually except in the Autonomous Region in Muslim Mindanao (ARMM) where the automated election system shall be used for all positions. materials and services needed for the holding of the elections by an expedited process of public bidding of vendors. 1998 elections. It must be user-friendly and need not require computer-literate operators. (d) minimum human intervention. the System shall as far as practicable have the following features: 1. and (e) adequate safeguard/security measures. senators and parties. That the accredited political parties are duly notified of and allowed to observe but not to participate in the bidding. 21 of Republic Act No. counting of votes and canvassing/consolidation of results of the national and local elections: Provided. (b) stand-alone machine which can count votes and an automated system which can consolidate the results immediately. equipment. That for the May 11. however. Sec. suppliers or lessors: Provided. — The System shall utilize appropriate technology for voting. — To carry out the above-stated policy. is hereby authorized to use an automated election system. If. and electronic devices for counting of votes and canvassing of results. herein referred to as the Commission. the System shall be applicable in all areas within the country only for the positions of president. devices and materials and adopt new forms and printing materials. 6646. 1998 that the Commission cannot fully implement the automated election system for national positions in the May 11. (c) with provisions for audit trails. 6. for the process of voting. it becomes evident by February 9. To achieve the purpose of this Act. The machine must be able to count from 100 to 150 ballots per minute. The printer must have at least 128 kilobytes of Random Access Memory (RAM) to facilitate the expeditious processing of the printing of the consolidated reports. The machine security must be built-in and multi-layer existent on hardware and software with minimum human intervention using latest technology like encrypted coding system. 15. The ballot paper for the OMR counting machine must be of the quality that passed the international standard like ISO-1831. . 8. 10. The counting machine must be able to detect fake or counterfeit ballots and must have a fake ballot rejector. The System must have a printer that has the capacity to print in one stroke or operation seven (7) copies (original plus six (6) copies) of the consolidated reports on carbonless paper. 6. The machine must be temperature-resistant and rust-proof. The machine must have a built-in floppy disk drive in order to save the processed data on a diskette. 4. The counting machine must be able to detect and reject previously counted ballots to prevent duplication. JIS-X9004 or its equivalent for optical character recognition.2. 3. 12. 14. The Optical Mark Reader (OMR) must have a built-in printer for numbering the counted ballots and also for printing the individual precinct number on the counted ballots. 5. The counting machine must have the capability to recognize the ballot's individual precinct and city or municipality before counting or consolidating the votes. The ballot feeder must be automatic. 13. The security key control must be embedded inside the machine sealed against human intervention. 11. 9. 7. The machine must also have a built-in hard disk to store the counted and consolidated data for future printout and verification. 17. It must be so designed and built that add-ons may immediately be incorporated into the System at minimum expense. the Commission shall adopt an equitable system of deductions or demerits for deviations or deficiencies in meeting all the above stated features and standards. and two (2) representatives from the private sector recommended by the Philippine Computer Society (PCS). . The machine must have an Uninterrupted Power Supply (UPS). For this purpose. herein known as the Committee. 21. The machine must be accompanied with operating manuals that will guide the personnel of the Commission the proper use and maintenance of the machine. 22. The machine must not be capable of being connected to external computer peripherals for the process of vote consolidation. 19. The machine must be able to generate consolidated reports like the election return. The Commission in collaboration with the DOST shall establish an independent Technical Ad Hoc Evaluation Committee. DOST and COMELEC. The optical lens of the OMR must have a self-cleaning device. It must provide the shortest time needed to complete the counting of votes and canvassing of the results of the election. and 23.16. the University of the Philippines (UP). 18. House of Representatives. In the procurement of this system. statement of votes and certificate of canvass at different levels. The Committee shall certify that the System is operating properly and accurately and that the machines have a demonstrable capacity to distinguish between genuine and spurious ballots. the margin of error must be disclosed and backed by warranty under such terms and conditions as may be determined by the Commission. The Council may avail itself of the expertise and services of resource persons of known competence and probity. The accuracy of the count must be guaranteed. the Information Technology Foundation of the Philippines (ITFP). composed of a representative each from the Senate. the Commission shall create an Advisory Council to be composed of technical experts from the Department of Science and Technology (DOST). 20. citizens' arms or their . devices and materials needed for ballot printing and devices for voting. counting and canvassing from local or foreign sources free from taxes and import duties. on the date and time it shall set and with proper notices. subject to accounting and auditing rules and regulations. — The Commission shall procure the automated counting machines. 8. Sec. Sec. the parties and candidates or their representatives. The machines shall be kept locked and sealed and shall be opened again on election day before the counting of votes begins. Immediately after the examination and testing of the machines. 9.The Committee shall ensure that the testing procedure shall be unbiased and effective in checking the worthiness of the System. Procurement of equipment and materials. Toward this end. the machines shall be locked and sealed by the election officer or any authorized representative of the Commission in the presence of the political parties and candidates or their representatives. computer equipment. citizens' arm or their representatives to examine and test the machines to ascertain that the system is operating properly and accurately. allow the political parties and candidates or their representatives. — In the event of a systems breakdown of all assigned machines in the counting center. or when the computer fails to consolidate election results/reports or fails to print election results/reports after consolidation. the Committee shall design and implement a reliability test procedure or a system stress test. 10. Sec. The transfer of such machines or any component thereof shall be undertaken in the presence of representatives of political parties and citizens' arm of the Commission who shall be notified by the election officer of such transfer. — The Commission shall. Systems breakdown in the counting center. the Commission shall use any available machine or any component thereof from another city/municipality upon the approval of the Commission En Banc or any of its divisions. and accredited citizens' arms. Examination and testing of counting machines. Test ballots and test forms shall be provided by the Commission. There is a systems breakdown in the counting center when the machine fails to read the ballots or fails to store/save results or fails to print the results after it has read the ballots. After the examination and testing. and that identification marks. That. Under each position. . bar codes and other technical and security markings. Senators and candidates under the Party-List System as well as petitions for registration and/or manifestation to participate in the PartyList System shall be on February 9. For this purpose. shall be deemed resigned only upon the start of the campaign period corresponding to the position for which he/she is running: Provided. Sec.representatives. further. for purposes of the May 11. A fixed space where the chairman of the Board of Election inspectors shall affix his/her signature to authenticate the official ballot shall be provided. — The Commission shall prescribe the size and form of the official ballot which shall contain the titles of the positions to be filled and/or the propositions to be voted upon in an initiative. 1998. referendum or plebiscite. Official ballot. the Commission through the Committee shall ensure that the serial number on the ballot stub shall be printed in magnetic ink that shall be easily detectable by inexpensive hardware and shall be impossible to reproduce on a photocopying machine. That. Both sides of the ballots may be used when necessary. 1998 elections. the deadline for the filing of certificate of candidacy/petition for registration/manifestation to participate in the election shall not be later than one hundred twenty (120) days before the elections: Provided. may submit a written report to the election officer who shall immediately transmit it to the Commission for appropriate action. The official ballots shall be printed by the National Printing Office and/or the Bangko Sentral ng Pilipinas at the price comparable with that of private printers under proper security measures which the Commission shall adopt. To prevent the use of fake ballots. The Commission may contract the services of private printers upon certification by the National Printing Office/ Bangko Sentral ng Pilipinas that it cannot meet the printing requirements. except for president and vice-president. are provided on the ballot. finally. running for any office other than the one which he/she is holding in a permanent capacity. Accredited political parties and deputized citizens' arms of the Commission may assign watchers in the printing. 11. magnetic strips. That. whether national or local. Vice President. 1998 while the deadline for the filing of certificate of candidacy for other positions shall be on March 27. the deadline for filing of the certificate of candidacy for the positions of President. the names of candidates shall be arranged alphabetically by surname and uniformly printed using the same type size. any elective official. storage and distribution of official ballots. unlawful acts or omissions applicable to a candidate shall take effect upon the start of the aforesaid campaign period: Provided. self-locking metal seals or any other safety devices that the Commission may authorize. Procedure in voting. Sec. — The voter shall be given a ballot by the chairman of the Board of Election Inspectors.The official ballots shall be printed and distributed to each city/municipality at the rate of one (1) ballot for every registered voter with a provision of additional four (4) ballots per precinct. Substitution of candidates. the board shall enter in the minutes the number of registered voters who actually voted. personally drop the ballots in their respective ballot boxes. The chairman of the Board of Election Inspectors shall publicly announce that the votes shall be counted at a designated counting center where the . The voter shall then personally drop his/her ballot on the ballot box. Closing of polls. 15. Sec. After the voter has voted. — There shall be in each precinct on election day a ballot box with such safety features that the Commission may prescribe and of such size as to accommodate the official ballots without folding them. Ballot box. No voter may be allowed to change his/her ballot more than once. The chairman shall apply indelible ink on the voter's right forefinger and affix his/her signature in the space provided for such purpose in the ballot. one (1) for the national ballots and one (I) for the local ballots. he/she shall affix his/her thumbmark on the corresponding space in the voting record. lock and seal the same with padlocks. For the purpose of the May 11. The board shall then place the minutes inside the ballot box and thereafter close. — In case of valid substitutions after the official ballots have been printed. the serial number of the self-locking metal seal to be used in sealing the ballot box. the votes cast for the substituted candidates shall be considered votes for the substitutes. Sec. he/she may be issued another ballot subject to Sec. each voter shall be given one (1) national and one (1) local ballot by the Chairperson. For the purpose of the May 11. The voter shall then proceed to a voting booth to accomplish his/her ballot. 1998 elections. there shall be two (2) ballot boxes for each precinct. The voter shall. after casting his/her vote. 11 of this Act. Sec. 13. 12. If a voter spoils his/her ballot. the number and serial number of unused and spoiled ballots. — After the close of voting. 14. 1998 elections. as in the case of the National Capital Region and in highly urbanized areas. in the presence of the watchers and representatives of accredited citizens' arm. without looking at the ballots. During the transport of the ballot box containing the national ballots and other documents. in the bulletin boards at the city/municipal hall and in three (3) other conspicuous places in the city/municipality. For the purpose of the May 11. retrieve the ballots and minutes of voting. If there are excess ballots. Sec. organizations or coalitions participating in the party-list system shall be counted at a designated counting center. It shall verify whether the number of ballots tallies with the data in the minutes. The Commission may designate other counting center(s) where the national ballots cast from various precincts of different municipalities shall be counted using the automated system. the poll clerk. the notice on the designated counting center(s) for at least fifteen (15) days prior to election day. Designation of Counting Centers. the chairman of the Board of Election Inspectors shall publicly announce that the votes for president. open the ballot box. representatives of political parties and candidates. senators and parties. the Commission shall designate a central counting center(s) which shall be a public place within the city or municipality. — (a) The counting of votes shall be public and conducted in the designated counting center(s). in the office of the election officer. For the purpose of the May 11. shall publicly draw out at random ballots equal to . vice-president.board shall transport the ballot box containing the ballots and other election documents and paraphernalia. Sec. for at least fifteen (15) days prior to election day. (b) The ballots shall be counted by the machine by precinct in the order of their arrival at the counting center. citizens' arm. The election officer or his/her representative shall log the sequence of arrival of the ballot boxes and indicate their condition. political parties/candidates. 16. The election officer shall post prominently in his/her office. Counting procedure. and if available. 1998 elections. — The Commission shall designate counting center(s) which shall be a public place within the city/municipality or in such other places as may be designated by the Commission when peace and order conditions so require. the fourth member of the board shall be escorted by representatives from the Armed Forces of the Philippines or from the Philippine National Police. Thereafter. The Commission shall post prominently a notice thereof. 1998 elections. on the bulletin boards at the municipal hall and in three (3) other conspicuous places in the municipality. where the official ballots cast in various precincts of the city/municipality shall be counted. the board shall. 17. Election returns. senators and party-list system: (1) The first copy shall be delivered to the city or municipal board of canvassers. vice-president. the election officer or any official authorized by the Commission shall. the copies of the election returns shall be sealed and placed in the proper envelopes for distribution as follows: A. the . if any. The envelope shall be sealed and signed by the members of the board and placed in the compartment for spoiled ballots. Sec. store the results in a data storage device and print copies of the election returns of each precinct.the excess and without looking at the contents thereof. (4) The fourth copy. (c) The election officer or any authorized official or any member of the board shall feed the valid ballots into the machine without interruption until all the ballots for the precincts are counted. (d) The board shall remain at the counting center until all the official ballots for the precinct are counted and all reports are properly accomplished. (2) The second copy. to the Congress. to the citizens' arm authorized by the Commission to conduct an unofficial count. to the Commission. The printed election returns shall be signed and thumbmarked by the fourth member and COMELEC authorized representative and attested to by the election officer or authorized representative. 18. The Chairman of the Board shall then publicly read and announce the total number of votes obtained by each candidate based on the election returns. the ballots shall be counted by precinct by the special members of the board in the manner provided in paragraph (b) hereof. in the presence of watchers and representatives of the accredited citizens' arm. (3) The third copy. — After the ballots of the precincts have been counted. directed to the President of the Senate. In the conduct of the unofficial quick count by any accredited citizens' arm. political parties/ candidates. For the purpose of the May 11. place them in an envelope which shall be marked "excess ballots". 1998 elections. In the election of president. Thereafter. province and region: Provided. In the election of local officials and members of the House of Representatives: (1) The first copy shall be delivered to the city or municipal board of canvassers. to the provincial board of canvassers. among others. the Commission shall promulgate rules and regulations to ensure. to the dominant majority party as determined by the Commission in accordance with law. the count shall continue until all precincts shall have been reported. municipality or city. after the national ballots have been counted. The citizens' arm shall provide copies of the election returns at the expense of the requesting party. In the conduct of the unofficial quick count by any accredited citizens' arm. (2) The second copy. municipality or city. (4) The fourth copy. however. (3) The third copy. and (7) The seventh copy shall be deposited inside the compartment of the ballot box for valid ballots. . to the dominant minority party as determined by the Commission in accordance with law. (5) The fifth copy. (6) The sixth copy. that. the count shall continue until all precincts shall have been reported. province and region: Provided. however. (5) The fifth copy. to the citizens' arm authorized by the Commission to conduct an unofficial count. that said citizens' arm releases in the order of their arrival one hundred percent (100%) results of a precinct indicating the precinct. That. the COMELEC authorized representative shall implement the provisions of paragraph A hereof. to the dominant majority party as determined by the Commission in accordance with law.Commission shall promulgate rules and regulations to ensure. to the Commission. among others. B. that said citizens' arm releases in the order of their arrival one hundred percent (100%) results of a precinct indicating the precinct. 1998 elections. For the purpose of the May 11. disqualification due to relationship. and the municipal administrator. Substitution of Chairman and Members of the Board of Canvassers. which shall be locked. Sec. the clerk of court nominated by the executive judge of the regional trial court. the Commission shall appoint as substitute. 20. the register of deeds. After the votes from all precincts have been counted. After the printing of the election returns. Custody and accountability of ballots. a ranking lawyer of the Commission. or incapacity for any cause of the chairman. a consolidated report of votes for each candidate shall be printed. The citizens' arm shall provide copies of election returns at the expense of the requesting party. Sec. District and Municipal Boards of Canvassers. accountable forms and other election documents as well as ballot boxes containing the official ballots cast. the municipal assessor. 19. Canvassing by Provincial. — In case of non-availability. Upon completion of the canvass. the clerk of court nominated by the judge of the municipal trial court. the ballots shall be returned to the ballot box. it shall print the certificate of canvass of votes for president. senators. 21. With respect to the other members of the board. vice-president. the officials in the city corresponding to those enumerated in the case of the city board of canvassers. Sec. the Commission shall appoint as substitute the following in the order named: the provincial auditor. — The election officer and the treasurer of the city/municipality as deputy of the Commission shall have joint custody and accountability of the official ballots. absence. to the dominant minority party as determined by the Commission in accordance with law. in the case of the municipal board of canvassers. and parties. — The city or municipal board of canvassers shall canvass the votes for the president. sealed and delivered to the city/municipal treasurer for safekeeping.(6) The sixth copy. or any other available appointive provincial official in the case of the provincial board of canvassers. and (7) The seventh copy shall be deposited inside the compartment of the ballot box for valid ballots. The treasurer shall immediately provide the Commission and the election officer with a record of the serial numbers of the ballot boxes and the corresponding metal seals. The ballot boxes shall not be opened for three (3) months unless the Commission orders otherwise. organizations or coalitions participating under the party-list system by consolidating the results contained in the data storage devices used in the printing of the election returns. vice-president. City. . members of the House of Representatives and elective provincial officials by consolidating the . The district board of canvassers of each legislative district comprising two (2) municipalities in the Metro Manila area shall canvass the votes for president. The city board of canvassers of cities comprising one (1) or more legislative districts shall canvass the votes for president. Upon completion of the canvass. the board shall print the canvass of votes for president. Each component municipality in a legislative district in the Metro Manila area shall have a municipal board of canvassers which shall canvass the votes for president. vice-president. members of the House of Representatives and elective municipal officials by consolidating the results contained in the data storage devices used in the printing of the election returns. senators. vice-president and senators and thereafter. senators. vice-president. vice-president. as the case may be. senators. members of the House of Representatives and thereafter. it shall print a certificate of canvass of votes for president. and senators and thereafter. it shall prepare the certificate of canvass of votes for president. proclaim the elected municipal officials. members of the House of Representatives and elective city officials by consolidating the results contained in the data storage devices used in the printing of the election returns. Upon completion of the canvass. Upon completion of the canvass. vice-president. proclaim the elected members of the House of Representatives and municipal officials. In the Metro Manila area. senators. and senators and thereafter. proclaim the elected members of the House of Representatives in the legislative district. senators and members of the House of Representatives by consolidating the results contained in the data storage devices submitted by the municipal board of canvassers of the component municipalities. The district/provincial board of canvassers shall canvass the votes for president.senators and members of the House of Representatives and elective provincial officials and thereafter. Upon completion of the canvass. proclaim the elected members of the House of Representatives and city officials. it shall print the certificate of canvass of votes for president. each municipality comprising a legislative district shall have a district board of canvassers which shall canvass the votes for president. vice-president. proclaim the elected city or municipal officials. vice-president. members of the House of Representatives and elective municipal officials by consolidating the results contained in the data storage devices used in the printing of the election returns. vicepresident. vice-president. senators. The Commission shall adopt adequate and effective measures to preserve the integrity of the data storage devices at the various levels of the boards of canvassers. members of the House of Representatives. it shall print the certificate of canvass of votes for president. — (a) The certificate of canvass of votes for president. district and provincial certificates of canvass of votes shall each be supported by a statement of votes. The board of canvassers shall furnish all registered parties copies of the certificate of canvass at the expense of the requesting party. Sec. senators. vice-president and senators and thereafter. vice-president. organizations or coalitions participating under the party-list system and elective provincial officials shall be printed by the city or municipal board of canvassers and distributed as follows: (1) The first copy shall be delivered to the provincial board of canvassers for use in the canvass of election results for president. (b) The certificate of canvass of votes for president.results contained in the data storage devices submitted by the board of canvassers of the municipalities and component cities. The municipal. parties. (2) The second copy shall be sent to the Commission. (3) The third copy shall be kept by the chairman of the board. city. parties. Upon completion of the canvass. 22. parties. vicepresident. organizations or coalitions participating under the party-list system shall be printed by the city boards of . members of the House of Representatives. and (4) The fourth copy shall be given to the citizens' arm designated by the Commission to conduct an unofficial count. organizations or coalitions participating under the party-list system and elective provincial officials. vice-president and senators. senators. It shall be the duty of the citizens' arm to furnish independent candidates copies of the certificate of canvass at the expense of the requesting party. proclaim the elected members of the House of Representatives and the provincial officials. Number of copies of Certificates of Canvass of Votes and their distribution. canvassers of cities comprising one or more legislative districts. (2) The second copy shall be sent to the Commission for use in the canvass of the election results for senators. and other highly urbanized areas and distributed as follows: (1) The first copy shall be sent to Congress. the pertinent election returns shall be attached thereto. — The Senate and the House of Representatives in joint . 23. It shall be the duty of the citizens' arm to furnish independent candidates copies of the certificate of canvass at the expense of the requesting party. 24. it shall be sealed and placed inside an envelope which shall likewise be properly sealed. (3) The third copy shall be kept by the chairman of the board. Sec. (c) The certificates of canvass printed by the provincial. city or municipal boards of canvassers shall be signed and thumbmarked by the chairman and members of the board and the principal watchers. where appropriate. provincial and city boards of canvassers of those cities which comprise one or more legislative districts. Thereafter. if available. — The chairman and members of the Commission on Elections sitting en banc. directed to the President of the Senate for use in the canvas of election results for president and vice-president. and (4) The fourth copy shall be given to the citizens' arm designated by the Commission to conduct an unofficial count. the national board shall proclaim the winning candidates for senators. Sec. Congress as the National Board of Canvassers for President and Vice-President. shall compose the national board of canvassers for senators. Thereafter. National Board of Canvassers for Senators. The board of canvassers shall furnish all registered parties copies of the certificate of canvass at the expense of the requesting party. by provincial boards of canvassers and by district boards of canvassers in the Metro Manila area. In all instances. where the Board of Canvassers has the duty to furnish registered political parties with copies of the certificate of canvass. district. It shall canvass the results for senators by consolidating the results contained in the data storage devices submitted by the district. public session shall compose the national board of canvassers for president and vice-president. canvass all the results for president and vicepresident by consolidating the results contained in the data storage devices submitted by the district. open all the certificates in the presence of the Senate and the House of Representatives in joint public session and the Congress upon determination of the authenticity and the due execution thereof in the manner provided by law. 27. A report to the Senate and the House of Representatives shall be submitted within ninety (90) days from the date of election. storage. Sec. Upon receipt of the certificates of canvass. The returns of every election for president and vice-president duly certified by the board of canvassers of each province or city. directed to the president of the Senate. peaceful and orderly elections. 25. The oversight committee shall be provided with the necessary funds to carry out its duties. Supervision and control. Sec. radio and other media forms. . Sec. 26. installation. — An Oversight Committee is hereby created composed of three (3) representatives each from the Senate and the House of Representatives and three (3) from the Commission on Elections to monitor and evaluate the implementation of this Act. Voters' education. as well as through seminars. For this purpose. — The System shall be under the exclusive supervision and control of the Commission. Oversight Committee. symposia. — The Commission together with and in support of accredited citizens' arms shall carry out a continuing and systematic campaign through newspapers of general circulation. the president of the Senate shall. there is hereby created an information technology department in the Commission to carry out the full administration and implementation of the System. proclaim the winning candidates for president and vicepresident. The Commission shall take immediate steps as may be necessary for the acquisition. shall be transmitted to the Congress. administration. fora and other non-traditional means to educate the public and fully inform the electorate about the automated election system and inculcate values on honest. The oversight committee may hire competent consultants for project monitoring and information technology concerns related to the implementation and improvement of the modern election system. provincial and city boards of canvassers and thereafter. and to promulgate the necessary rules and regulations for the effective implementation of this Act. and maintenance of equipment and devices. not later than thirty (30) days after the day of the election. hardware or equipment. and certificates of canvass of votes used in the System. Applicability. altering. impeding. whether or not said acts affect the electoral process or results: (a) Utilizing without authorization. — The Commission shall promulgate rules and regulations for the implementation and enforcement of this Act including such measures that will address possible difficulties and confusions brought about by the two-ballot system. The Commission may consult its accredited citizens' arm for this purpose. otherwise known as the "Omnibus Election Code of the Philippines". As Amended. 30. destroying or disclosing any computer data. election returns. destroying or stealing: (1) Official ballots. and other election laws not inconsistent with this Act shall apply. (b) Interfering with. 29. memory pack receiver and computer set.Sec. — In addition to those enumerated in Sec. and (c) Gaining or causing access to using. — The provisions of Batas Pambansa Blg. As Amended. generation and transmission of election results. 31. system software.s 261 and 262 of Batas Pambansa Blg. such sums as may be . facilities. absconding for purpose of gain. or any computer-related devices. 881. program. storage. memory pack/diskette. the Commission shall fix other periods and dates in order to ensure accomplishment of the activities so voters shall not be deprived of their suffrage. 32. data or information. Sec. tampering with. whether classified or declassified. — The amount necessary to carry out the provisions of this Act shall be charged against the current year's appropriations of the Commission. and (2) Electronic devices or their components. Appropriations. network. Rules and Regulations. — If it shall no longer be reasonably possible to observe the periods and dates prescribed by law for certain pre-election acts. Designation of other dates for certain pre-election acts. Sec. 881. peripherals or supplies used in the System such as counting machine. preventing the installation or use of computer counting devices and the processing. Election offenses. the following acts shall be penalized as election offenses. Thereafter. Sec. Sec. 28. — If. the Commission on Elections (hereinafter referred to as Comelec) shall constitute a Board and appoint the members thereof in case the officials who shall act as Board members have not yet assumed their duties and functions. Sec. presidential decrees. — All laws. 2. the Omnibus Election Code. Board of Canvassers. rules and regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly. and other pertinent election laws. Supervision and control. has resolved to promulgate. such amount as may be necessary shall be augmented from the current contingent fund in the General Appropriations Act.. or provision of this Act or any part thereof. for any reason. . as it hereby promulgates. province and legislative district in Metro Manila. 35. city. City. 33.There shall be a Board of Canvassers (hereinafter referred to as Board) in each municipality. provision or portion is declared invalid or unconstitutional. executive orders. Section 1. any Sec. .The Comelec shall exercise direct supervision and control over all Boards and may motu proprio . Sec. The Commission on Elections pursuant to the powers vested in it by the Constitution. In case of deficiency in the funding requirements herein provided. For newly created political subdivisions. the remainder thereof shall not be affected by such declaration. 3848 GENERAL INSTRUCTIONS FOR MUNICIPAL/CITY/PROVINCIAL AND DISTRICT BOARDS OF CANVASSERS IN CONNECTION WITH THE MAY 14.necessary for the continuous implementation of this Act shall be included in the annual General Appropriations Act. or the application of such Sec. 2001 NATIONAL AND LOCAL ELECTIONS. Sec. 34. Separability clause. — This Act shall take effect fifteen (15) days after its publication in a newspaper of general circulation COMELEC RESOLUTION NO. Effectivity. Repealing clause. District and Provincial Boards of Canvassers in connection with the May 14. the following instructions for the Municipal. 2001 national and local elections. Sec. 6.The Provincial Board of Canvassers shall be composed of the Provincial Election Supervisor or a lawyer of the Comelec.In case of non-availability. 5. the City Prosecutor.The City Board of Canvassers shall be composed of the city Election Officer or a lawyer of the Comelec. COMPOSITION OF THE BOARDS OF CANVASSERS Sec. or in his absence. and the most senior District School Supervisor in the district to be appointed by the Comelec in consultation with Secretary of the Department of Education. and the Division Superintendent of Schools. as Vice-Chairman. as Vice-Chairman. . as Chairman. Provincial Board of Canvassers. 7. . or incapacity for any cause of a Chairman who is required to be a lawyer. the most senior Principal of the school district. Sec. and the Division Superintendent of Schools. and the District School Supervisor. as Member. as Chairman. . I. Municipal Board of Canvassers.relieve at any time any member thereof for a cause and designate the substitute. as Member. as Chairman. disqualification due to relationship. Substitution of chairman and members of the Board. a ranking lawyer of the Comelec shall be appointed as substitute. as Vice-Chairman. as Member. the Comelec shall designate the Election Officer to act as Chairman. With respect to the other members of the Board. 3. Sec. . the Provincial Prosecutor. as Member. as Chairman. 4. . absence. a ranking Prosecutor in the district to be appointed by the Comelec in consultation with the Secretary of the Department of Justice. Culture and Sports. City Board of Canvassers. the Municipal Treasurer. Sec. District Board of Canvassers for the Legislative Districts of Metro Manila. In cities with more than one Election Officer.The District Board of Canvassers for the legislative districts of Metro Manila shall be composed of a lawyer of the Comelec.The Municipal Board of Canvassers shall be composed of the Election Officer or a representative of the Comelec. Sec. as Vice-Chairman. the Comelec shall appoint as substitute the following in the order named: chanroblesvirtu allawlibrar y . He shall prepare the minutes of the Board by recording therein the proceedings and such other incidents or matters relevant to the canvass. Sec. appoint the next ranking prosecutor or district supervisor. in the district. ch anroblesvirtuallawlibrar y B. Secretary of the Board. and c. and any other available appointive provincial official. as the case may be. The authority to appoint substitute members of the Boards shall be vested in the following: chanroblesvirtu allawlibrar y a. the clerk of court nominated by the executive judge of the Regional Trial Court. COMMON PROVISIONS . . As substitute of the two members of the District Board of Canvassers of the legislative districts in Metro Manila. Regional Election Director of the National Capital Region for the District Board of Canvassers/Municipal Board of Canvassers/City Board of Canvassers. 8. unless otherwise ordered by the Comelec. Regional Election Director for the Provincial Board of Canvassers in his region.A.The representative of the Department of Education. in consultation with the Secretaries of the Departments mentioned in Sec. 6 hereof. the Comelec shall. In the case of in the the City city Board of Canvassers: to ch anroblesvirtuall awlibrar y The officials enumerated C. II. b. In the case of the Provincial Board of Canvassers: The provincial auditor. or any other available appointive municipal officials. ch anroblesvirtuall awlibrar y In the case of the Municipal Board of Canvassers: The Municipal Administrator. Culture and Sports shall act as Secretary of the Board. the Clerk of Court of the Municipal Trial Court. the register of deeds. Provincial Election Supervisor for the City Board of Canvassers and Municipal Board of Canvassers in his province. corresponding those above. the Municipal Assessor. time and place of the meeting of the Board is an election offense under Sec. political party fielding candidates and party-list groups shall be attached to and form part of the records of the proceedings. . 261 (aa) (1) of the Omnibus Election Code. Similar notices shall also be given for subsequent meetings unless notice has been given in open session. such fact shall be recorded in the minute of the proceedings. In case no such notice was sent. and to immediately canvass those that have already been received. and in conspicuous places in the building where the canvass will be held.The Board shall meet at 6:00 o’clock in the evening of election day at the designated place to receive the Election Returns or the Certificate of Canvass. If the latter cannot be located or his whereabouts are unknown. which shall be held. Absence of a regular Board member. unless otherwise ordered by the Comelec. Convening of the Board. Sec. Failure to give notice of the date. he shall be substituted.Not later than May 9. Notice of meetings of the Board. the Chairman of the Board shall give written notice to all members thereof and to each candidate. If notice is given in open session.Sec. the members present shall first verify whether notice has been served on the absent member. These facts shall be recorded in the minutes of the Board. Notices of the canvassing shall be posted in the offices of the Election Officer/Provincial Election Supervisor. . in the session hall of the Sangguniang Panlalawigan/Panlungsod/Bayan. political party or coalition of political parties fielding candidates (hereinafter referred to as political party). 2001. 9. candidate. 11. . and may adjourn only for the purpose of awaiting the other Election Returns/Certificate of Canvass. As soon as the absent . one shall be immediately served on the absent member. Proof of service of notice to each member.In case a regular member of the Board is absent. Sec. and party. 10. as the case may be. organization/coalition participating under the party-list system (hereinafter referred to as party-list groups) of the date. It shall meet continuously from day to day until the canvass is completed. time and place of the canvassing. The proceedings of the Board shall be open and public. as the case may be. Sec. Sec. a medical certificate shall be required attesting to the incapacity of said member. Every registered political party and party-list group. and every candidate has the right to be present and to counsel during the canvass of the Election Returns or Certificate . may execute such order.In case of sickness or serious injury of a regular member of the Board. Prohibited degree of relationship. In the absence of any peace officer.Any member of the Board feigning illness in order to be substituted on election day until the proclamation of the winning candidates shall be guilty of an election offense. 14. 15. 13. 12. Such authority may be granted by the Provincial Election Supervisor in case of City/Municipal Board of Canvassers.The Board shall have full authority to keep order within the canvassing room or hall including its premises and enforce obedience to its lawful orders. any other competent and able person deputized by the Board in writing. .member appears. assigned or detailed outside of his official station nor shall he leave said station without prior authority of the Comelec. no member or substitute member of the Boards shall be transferred. Sec. If any person shall refuse to obey any lawful order of the Board or shall conduct himself in such disorderly manner as to disturb or interrupt its proceedings. Sec. Incapacity of a regular Board member. .During the period beginning election day until the proclamation of the winning candidates. . the Board may order in writing a peace officer/soldier to take such person into custody until adjournment of the meeting. Sec. Upon submission of the medical certificate. a written report shall be submitted to the Law Department. Sec.The Chairman and members of the Board shall not be related within the fourth civil degree of consanguinity or affinity to each other or to any of the candidates whose votes will be canvassed by said Board. In either case. and the Regional Election Director in case of Provincial/District Board of Canvassers. Prohibition against leaving official station. 17. Feigned illness. a substitute shall be appointed. Right to be present and to counsel during the canvass. Powers of the Board. 18. . Said medical certificate shall be recorded in and form part of the minutes of the Board. the substitute member shall relinquish his seat in favor of the regular member. through their representatives. . of Canvass: Provided. it shall be unlawful for the following to enter the room . 19. business.During the canvass. Under no circumstance shall barangay officials including barangay tanods be appointed as watchers. Sec. Watchers shall not be allowed to participate in the deliberation of the Board. The citizens arm of the Comelec. and c. party-list group and candidate shall be entitled to one watcher in every canvassing center. Candidates for the Sangguniang Panlalawigan. They shall have the right to examine the Election Returns or Certificate of Canvass being canvassed without touching them. The watchers shall have the right to: chanroblesvirtuall awlibrar y a. and file their challenges in accordance with the rules and regulations of the Comelec. b. A person convicted by final judgment of any election offense or of any other crime or related to any member of the Board within the fourth civil degree of consanguinity or affinity shall not be appointed as watcher. and take note of.Each registered political party fielding candidates. and civic. with prior authority of the Comelec. . make observations thereon. Stay behind the Chairman of the Board near enough to be able to read the Election Returns/Certificate of Canvass without touching said documents. be entitled to two (2) watchers to serve alternately. The Board shall not allow any dilatory action. professional. Sec. Watchers. or Sangguniang Bayan belonging to the same slate or ticket shall collectively be entitled to only one watcher. . Be present at. Sangguniang Panlungsod. That only one counsel may argue for each party or candidate. youth and other similar organizations shall collectively. 20. all the proceedings of the Board. File a protest against any irregularity noted in the Election Returns/Certificate of Canvass and obtain from the Board a resolution thereon in writing. Persons not allowed inside the canvassing room. service. religious. councils. who shall be in proper uniform. The watchers shall have the right to guard the room. Sec. or for the maintenance of peace and order. . However. protective or intelligence agency performing identical or similar functions. shall stay outside the room but near enough to be easily called by the Board at any time. Any member of the security or police organizations of government agencies. The members of the Board shall each keep a key to the three padlocks. in which case said policemen or peace officers. Any barangay tanod or any member of barangay selfdefense units. The room shall be locked with three padlocks with the keys thereof kept by each member of the Board. or f. strike forces. instrumentalities. commissions.where the canvass is being held or to stay within a radius of fifty (50) meters from such room: chanroblesvirtuallawlibr ary a. 21. during and after the canvass.The Board shall place the Election Returns/Certificate of Canvass in ballot boxes that shall be locked with three padlocks and one serially numbered self-locking metal seal. or civilian armed forces geographical units. Any officer or member of the Philippine National Police. whenever necessary. by majority vote direct in writing for the detail of policemen or peace officers for their protection or for the protection of the election documents and paraphernalia. Any officer or member of the Armed Forces of the Philippines. . Safekeeping of transmitted Election Returns or Certificate of Canvass. Any member of a privately owned or operated security. or government-owned or controlled corporations or their subsidiaries. The said ballot boxes shall be kept in a safe and secured room before. special forces. e. c. The serial number of every metal seal used shall be entered in the minutes. investigative. the Board may. d. bureaus. b. offices. Any peace officer or any armed or unarmed persons belonging to an extra-legal police agency. Sec. .The City Board of Canvassers and Municipal Board of Canvassers may constitute one (1) Canvassing Committee for every one hundred (100) Election Returns to enable them to complete the canvass within the period prescribed herein. Time and date of receipt. or the corresponding Sanggunians be appointed/designated to serve as a member of the Canvassing Committees. The names of the members of each canvassing Committee. In no case shall casual employees or employees of the Offices of the Provincial Governor. Corresponding precinct number of the Election Returns. 2. and 4. Condition of the envelope and paper seal. . The Reception and Custody Group shall maintain a record showing the: chanrobles virtuallawlibr ary 1. The Reception and Custody Group shall determine which of the Election Returns of the precincts listed in the Project of Precincts have already been submitted. For this purpose. consisting of one (1) representative of each member of the Board. 3. The Reception and Custody Group shall submit to the Election Officer a list of the precincts. Sec. the Election Returns of which have not yet .The City Board of Canvassers and Municipal Board of Canvassers shall constitute a Reception and Custody Group for the reception and safekeeping of Election Returns. All the candidates shall be notified in writing of the number of Canvassing Committees to be constituted so that they can designate their watchers in each committee. Reception and Custody Group. 22. 23. City/Municipal Mayor. to the end that the Election Returns from one precinct is canvassed only once. Each Canvassing Committee shall be composed of three members. the Board members they represent and the Election Returns assigned to them for tabulation shall be properly recorded in the minutes of the proceedings. the Election Officer shall provide the Reception and Custody Group with the Project of Precincts of the city/municipality. Canvassing committees. Serial number of the envelope and paper seal. The Canvassing Committees shall be under the direct supervision and control by the Board. Punong Barangay. or which are yet to be submitted by the Boards of Election Inspectors. . b. City/Municipal Mayor. The Reception and Custody Group shall submit the locked ballot box to the Board. Canvassing procedure. When the ballot box is already full or when there is no more Election Returns/Certificate of Canvass to be received. In no case shall casual employees or employees of the Offices of the Provincial Governor. Punong Barangay. receive the Election Returns/Certificate of Canvass and maintain a log of all Election Returns/Certificate of Canvass received and canvassed. the Reception and Custody Group shall close the ballot box and lock the same with padlock and metal seal. The Tabulation Group shall compute the sub-total of the Statement of Votes prepared by the Board and/or the Canvassing Committee. The Tabulation Group shall be composed of two members and the Board may constitute as many Tabulation Groups as may be necessary at the rate of one Tabulation Group per Canvassing Committee. Tabulation group.been submitted to enable the latter to obtain the Election Returns in accordance with Sec. if any. 25. or the corresponding Sanggunians be appointed/designated to serve as a member of the Reception and Custody Group. City/Municipal Mayor. Sec. Sec. . 27 hereof. after recording all the data required under Sec. 23 hereof. In no case shall casual employees or employees of the Offices of the Provincial Governor. The Reception and Custody Group shall. place all envelopes containing Election Returns/Certificate of Canvass received by it inside an empty ballot box. or their corresponding Sanggunians be appointed/designated to serve as member of the Tabulation Group.The Board shall constitute a Tabulation Group. The names of each tabulator in the Tabulation Group and the Statement of Votes assigned to them for tabulation shall be properly recorded in the minutes of the proceedings. Punong Barangay.The Board shall comply with the following rules: chanroblesvirtu allawlibrar y a. 24. The Board shall. through its Reception and Custody Group. . which shall be under the direct supervision and control of the Board. the Board shall examine the condition of the ballot box and the metal seal. the Board or Canvassing Committee shall exhibit the same to the counsel and watchers present. together with the list of precinct numbers or city/municipality of the Election Returns/Certificate of Canvass contained therein. Before opening each envelope. It shall likewise provide the Canvassing Committee with a blank Statement of Votes By Precinct (CEF No. Upon receipt of the ballot box containing the Election Returns/Certificate of Canvass. if any. e. 20-A) and enter in the Minutes the serial numbers of the Election Returns/Certificate of Canvass/Statement of Votes so assigned/provided and to which Canvassing Committee they were assigned. The secretary shall record in its Minutes the quantity of envelopes received and their condition and serial numbers. c. i. if any. in case of Election Returns. The secretary shall record in its Minutes the condition and serial numbers of the ballot box and the metal seal. the Board or Canvassing Committee shall retrieve the Election Returns/Certificate of Canvass and exhibit the same to the counsel and watchers present. the Reception and Custody Group shall maintain a record of the Election Returns/Certificate of Canvass submitted to the Board. the Election Returns/Certificate of Canvass. f. in case of Certificate of Canvass. The Board or Canvassing Committee shall examine the condition of the inner paper seal and the secretary shall record in the Minutes the condition and serial number of the paper . The Board shall assign to the Canvassing Committee. or the city or municipality.for assignment to the Canvassing Committee. and their corresponding precinct numbers. d. The Board shall open the ballot box to ascertain that the precinct numbers or cities/municipalities indicated in the envelopes being retrieved correspond to the list submitted by the Reception and Custody Group. h. For this purpose. After the envelope is opened. g. the condition and serial numbers of the paper seal. Page partial total sum of votes obtained by each candidate appearing in one page of the Statement of Votes. 2. and the columns of the page of the Statement of Votes are not filled. Sub-total sum of all votes obtained by each candidate when all the columns of a set of Statement of Votes are filled. the page partial total shall be considered as the sub-total. For purposes of preparing the Statement of Votes. when some columns are not filled at the time of adjournment/suspension of canvass. the following terms are used: ch anroblesvirtuallawlibrary 1. Provisional total accumulated total of all votes obtained by each candidate as of the time of adjournment/suspension of canvass. unfold the Election Returns/Certificate of Canvass and exhibit the same to the counsel and watchers present. the Board.seal. 3. the Board or Canvassing Committee shall divide the seven (7) copies of the Statement of Votes between the Vice-Chairman (4 copies) and Secretary (3 copies) who shall accomplish the same simultaneously as the Chairman reads the votes. j. If there is no objection to the inclusion in the canvass of the Election Returns/Certificate of Canvass. The Board or Canvassing Committee shall break open the inner seal. When all Election Returns/Certificate of Canvass have been canvassed. shall proceed to canvass the Election Returns/Certificate of Canvass by entering in the Statement of Votes. l. This shall be recorded on the box immediately after the last entry of votes at the time of adjournment/suspension of canvass. for the purpose of releasing results to mass media and other interested . k. The sub-total shall be recorded in the last column indicated in the Statement of Votes. The secretary shall record in the Minutes the condition and serial number of the Election Returns/Certificate of Canvass. the votes obtained by each candidate as they are read. For purposes of preparing the Statement of Votes. or the Canvassing Committee. the canvassed Election Returns/Certificate of Canvass shall be returned to its envelope. If there are discrepancies in the entries. This shall not appear in the Statement of Votes.parties. Immediately after the Election Returns/Certificate of Canvass has been canvassed. This shall be recorded in a separate set of Statement of Votes by entering in each column the sub-totals per seat of Statement of Votes. m. After the members of the Canvassing Committee . 4. After all the columns of the Statement of Votes are filled. 5. 2. Grant total sum of all sub-totals of votes obtained by each candidate as listed in the summary of votes. or there is no more Election Returns/Certificate of Canvass to be canvassed: chanrobles virtuallawlibr ary 1. Thereafter. The members thereof shall print their names on the Statement of Votes below the space intended for the names and signatures of the members of the Board they are representing. The Board shall affix their signatures above their printed names on the Statement of Votes. they shall refer to the corresponding Election Returns/Certificate of Canvass and make the necessary correction/s on the Statement of Votes. In the case of Canvassing Committees: chanrobles virtuallawlibr ary i. Summary of Votes listing of all sub-totals reflected in each set of Statement of Votes. the Board shall forward to the Tabulation Group the Statement of Votes. 3. the Chairman of the Board or Canvassing Committee shall write on its upper right hand corner the word "CANVASSED" and affix below it his signature and the date of canvass. n. ii. The Vice-Chairman and Secretary of the Board or Canvassing Committee shall compare the entries contained in their respective copies. together with the canvassed Election Returns/Certificate of Canvass. Thereafter. as the case may be. together with the canvassed Election Returns/Certificate of Canvass. iii. Upon receipt of the Statement of Votes and Election Returns/Certificate of Canvass. Forward to the Board the signed Statement of Votes together with the canvassed Election Returns/Certificate of Canvass. If the entries are the same. 2. add all the entries in each column of the Statement of Votes prepared by the Board or Canvassing Committee. If the entries are not the same. Upon receipt from the Tabulation Group of the Statement of Votes and Election Returns/Certificate of Canvass. and imprint their thumbmarks on the certification portion of the Statement of Votes. re-compute as provided in Item 1 above. and attach the same to the Statement of Votes. Inform the watchers present that the Board will commence the preparation of the summary of votes obtained by each candidate. upon receipt of the Statement of Votes prepared by the Canvassing Committee. the Tabulation Group shall: ch anroblesvirtuall awlibrar y 1. they shall submit to the Board the Statement of Votes they prepared. o. Using an adding machine with tape. . make the necessary corrections. The Board. Affix their signatures above their printed names. together with the Election Returns/Certificate of Canvass. shall forward the same to the Tabulation Group. 4. and enter the correct sub-total in the space provided. and 5. Verify the accuracy of the entries in the adding machine tape as against the entries in the Statement of Votes. Authenticate the adding machine tape by affixing their signatures above their printed names at the back thereof. enter the sub-total in the space provided. 3.have affixed their signatures above their printed names. p. the Board shall: chanrobles virtuallawlibr ary 1. in the presence of the watchers. prepare the summary of the votes by entering therein: chanrobles virtuallawlibr ary i. r. it shall be closed and locked with three padlocks and metal seal. The serial number of the Statement of Votes containing the sub-total. 4. 3. Place. and ii. 5. and 6. in the presence of watchers.2. The locked ballot box shall be kept and preserved in a secured room under the custody of the Chairman of the Board. if any. All the sub-totals for each candidate contained in the Statement of Votes prepared by the Canvassing Committee and tabulated by the Tabulation Group. After the summary of votes has been completed. Using another set of Statement of Votes. the canvassed Election Returns/Certificate of Canvass inside a separate ballot box. the Statement of Votes prepared by the Canvassing Committee inside a ballot box. Place. When the ballot box is already full or if there is no more Election Returns/Certificate of Canvass to be placed inside. Upon receipt of the summary of votes. After all the columns have been filled or there is no more Statement of Votes to be received. the Board shall forward the same to the Tabulation Group. Follow the above procedure until all the Election Returns/Certificate of Canvass have been canvassed and the sub-totals have been entered in the summary of votes. q. if any. affix their signatures above their printed names and imprint their thumbmarks on the certification portion of the Statement of Votes prepared by the Canvassing Committee and tabulated by the Tabulation Group. the Tabulation Group shall: chanrobles virtuallawlibr ary . The keys corresponding to the padlocks shall each be kept by the members of the Board. If there is an objection to the inclusion of the Election Returns/Certificate of Canvass in the canvass. and thereafter affix their signatures and thumbmark on the certification portion thereof. 236 and 243 of the Omnibus Election Code. the Board shall: 1. as well as the summary of votes. If the computation is not accurate. imprint their thumbmarks on the certification portion of the Statement of Votes received from the Tabulation Group. If the computation is accurate. affix their signatures above their printed names. the Board shall determine whether the grounds for the objection is among those enumerated under Secs. Record the grand total of votes obtained by each candidate. together with the corresponding Statement of Votes retrieved from the ballot box mentioned in Item (p) (5) above. return the Statement of Votes to the Tabulation Group for re-computation. Require the watchers. 2. if any. 236 and 243 of the Omnibus Election . In the case of a Canvassing Committee. including the Election Returns/Certificate of Canvass. chanrobles virtuallawlibrary s. 3.1. Forward the summary of votes to the Board. 3. and 5. 234. 235. Prepare a certificate of canvass. Upon receipt of the summary of votes. the objection. Compute the grand total by adding all the sub-totals. Accomplish the certification portion by affixing their signatures above their printed names and imprinting their thumbmarks thereon. and 4. in the manner prescribed hereunder. t. shall be forwarded to the Board for ruling. Verify the accuracy of the computation made by the Tabulation Group. 4. 235. to affix their signatures and thumbmarks on the Certificate of Canvass. 2. If the ground for objection is not among those enumerated under Secs. 234. Distribute the Certificate of Canvass. Code, the Board shall rule to include the Election Returns/Certificate of Canvass and proceed to canvass the same, or return the questioned Election Returns/Certificate of Canvass to the Canvassing Committee for canvass. u. If the objection to the inclusion of the Election Returns/Certificate of Canvass in the canvass is among those enumerated under Secs. 234, 235, 236 and 243 of the Omnibus Election Code, the Board shall rule to: chanroblesvirtuallawlibr ary 1. Canvass the votes for Senator, Member of the House of Representatives and Party-List; and 2. Defer the canvass of votes for local positions. chanroblesvirtuallawlibrar y v. If the objection is on the basis of manifest error: 1. The Election Returns shall be set aside; and 2. Proceed in the canvassing of other Election Returns following the procedures provided in Sec. 34 hereof. Sec. 26. Adjournment/suspension of canvass. - A. In case of adjournment or suspension of canvass: a. When the columns of the Statement of Votes are: chanroblesvirtu allawlibrary chanroblesvirtuall awlibrar y 1. Not all filled, the Board or Canvassing Committee, as the case may be, shall indicate the page partial total of votes obtained by each candidate and close the same by affixing their initials. The Statement of Votes shall be placed in the ballot box provided in Item (c) hereunder; 2. Filled, the tabulator shall indicate the sub-total as provided under Item (p) of the immediately preceding Section. b. A provisional total shall be made available to mass media and other interested parties. c. The remaining unopened envelopes and Statement of Votes containing the page partial total shall be placed in the ballot box provided for the purpose which shall be locked with three padlocks and self-locking metal seals. The members of the Board shall keep the keys to each padlock. d. The serial number of the metal seal and the quantity of the remaining unopened envelopes shall be recorded in the minutes. B. Upon resumption of the canvass: a. The secretary of the Board shall verify and enter in the minutes the condition of the three padlocks and the metal seal, as well as its serial number. chanroblesvirtuall awlibrar y b. The Board shall then, in the presence of the watchers, open the ballot box, retrieve the partially filled Statement of Votes and the unopened envelopes containing the Election Returns/Certificate of Canvass not yet canvassed, and proceed with the canvass until all Election Returns/Certificate of Canvass are canvassed. In accomplishing the Certificate of Canvass, the Statement of Votes and other forms, all the members of the Board, the Canvassing Committee, including the tabulation group, shall see to it that the impression on the first copy of the set is recorded on each and every page thereof. Sec. 27. When the Election Returns/Certificate of Canvass are delayed, lost or destroyed. - In case its copy of the Election Returns/Certificate of Canvass is missing, the Board shall, by authorized messenger, immediately obtain the same from the board of election inspectors or board of canvassers concerned, or if the said Election Returns/Certificate of Canvass has been lost or destroyed, the Board, upon prior authority of the Comelec, may use any of the authentic copies thereof or a certified copy of said Election Returns/Certificate of Canvass issued by the Comelec, and forthwith direct its representative to investigate the case and immediately report the matter to the Comelec. The Board, notwithstanding the fact that not all the Election Returns/Certificate of Canvass have been received by it, may terminate the canvass and proclaim the candidates elected on the basis of the available Election Returns/Certificate of Canvass if the missing Election Returns/Certificate of Canvass will not affect the results of the election, as can be determined from the number of registered voters. Sec. 28. Material defects in the Election Returns/Certificate of Canvass. - If it should clearly appear that some requisite in form or data have been omitted in the Election Returns/Certificate of Canvass, the Board shall call for all the members of the Board concerned by the most expeditious means to effect the corrections: Provided, That in case of the omission in the Election Returns/Certificate of Canvass of the name of any candidate and/or his corresponding votes, the Board shall require the Board concerned to complete the necessary data in the Election Returns/Certificate of Canvass and affix therein their initials: Provided, further That if the votes omitted in the Election Returns/Certificate of Canvass cannot be ascertained by other means except by recounting the ballots, the Election Returns/Certificate of Canvass shall be set aside and such fact shall be reported to the Comelec which shall proceed as provided in Sec. 234 of the Omnibus Election Code. Sec. 29. When Election Returns/Certificate of Canvass appear to be tampered with or falsified. - If the Election Returns/Certificate of Canvass submitted to the Board appear to be tampered with, altered or falsified after they have left the hands of the board of election inspectors or Board concerned or otherwise not authentic, or were prepared under duress, force, intimidation, or prepared by persons other than the members of the board of election inspectors or Board concerned, the Board shall use the other copies of said Election Returns/Certificate of Canvass. If necessary, the copy of the Election Returns inside the ballot box which upon previous authority given by the Comelec may be retrieved in accordance with Sec. 220 of the Omnibus Election Code. If the other copies of the Election Returns/Certificate of Canvass are likewise tampered with, altered, falsified, not authentic, prepared under duress, force or intimidation, or prepared by persons other than the members of the Board, the Board of Canvassers or any candidate affected shall bring the matter to the attention of the Comelec which shall proceed as provided in Sec. 235 of the Omnibus Election Code. Sec. 30. Discrepancies in Election Returns/Certificate of Canvass. In case it appears to the Board that there exists discrepancies in the other authentic copies of the Election Returns/Certificate of Canvass from a polling place or discrepancies in the votes of any candidate in words and figures in the same Election Returns/Certificate of Canvass an in either case they affect the results of the election, the Board shall not canvass the Election Returns/Certificate of Canvass and shall submit the matter to the Comelec which shall proceed as provided in Sec. 236 of the Omnibus Election Code. In case there exists discrepancies in the votes of any candidate in tally (tara) as against the votes obtained in words or in figures in the same Election Returns, the votes in the tally (tara) shall prevail. organization or coalition of political parties. III. Pre-proclamation cases not allowed in the election for Senator. political party. during the canvassing. 33. PRE-PROCLAMATION CASES Sec. A copy of the Election Returns/Certificate of Canvass was tabulated more than one. Sec. no pre-proclamation case shall be allowed on matters relating to the preparation. However. . For purposes of the elections for Senator. Member of the House of Representatives and Party-List. indicating therein the registry receipt number. or upon verified petition by any candidate. and seventy-two (72) hours in provinces/districts in Metro Manila/cities comprising one or more legislative districts.Sec. this does not preclude the authority of the Board to motu proprio or upon written complaint of an interested person to correct manifest errors in the Election Return/Certificate of Canvass before it. 32. . forty-eight (48) hours in cities. the secretary of the Board shall submit to the Law Department of the Comelec in Manila by registered mail a certified copy of the minutes of the proceedings of the Board and shall notify by telegram the same department of the date and manner of transmittal of the minutes. as the case may be. Canvass to be completed at earliest possible time.Within forty-eight (48) hours from the termination of canvass. . Member of the House of Representatives and Party-List. the Board may motu proprio. transmission. receipt. Sec. correct the errors committed. There is manifest error in the tabulation or tallying of the results during the canvassing where: chanrobles virtuallawlibr ary 1. Manifest error. 31.Subject to reasonable exceptions. or certificates of canvass. Any objection on the Election Returns/Certificate of Canvass shall be specifically noted in the minutes of the Board. Submission of the minutes of the proceedings of the Board. custody and appreciation of the Election Returns/Certificate of Canvass.(a) Where it is clearly shown before proclamation that manifest errors were committed in the tabulation or tallying of election returns. the Board must complete its canvass within thirty-six (36) hours in municipalities. 34. after due notice and hearing. . (b) In order to correct manifest errors. Election Returns from precincts of one district were included in the canvass for another district. or organization or coalition of political parties aggrieved by said order may appeal the same to the Commission within twenty-four (24) hours from the promulgation. or two or more copies of Certificate of Canvass of one city or municipality were tabulated. The order for correction must be in writing and promulgated. the Clerk of Court concerned shall forthwith issue summons together with the copy of the appeal to the respondent. Two or more copies of the Election Returns of one precinct. 5. chanroblesvirtuall awlibrary 2. 6. unless the votes are not affected by the appeal. Election Returns from non-existent precincts were included in the canvass. . or 6. The appeal shall be heard and immediately decided by the Commission en banc. The appeal must implead as respondents the board of canvassers concerned and all parties that may be adversely affected. Any candidate. The Clerk of Court concerned shall immediately set the appeal for hearing. 3. 7. Upon receipt of the appeal. There was a mistake in the addition of the votes of any candidate. political party.2. 5. 4. Once an appeal is made. 4. the following procedures shall be complied with: 1. the Board shall not proclaim the winning candidates. 3. There was a mistake in the copying of the figures from the Election Return/Certificate of Canvass into Statement of Votes. political party or coalition of political parties contesting the inclusion or exclusion in the canvass of any Election Returns/Certificate of Canvass on any of the grounds authorized under Secs. Pre-proclamation cases involving provincial. 235. or contain discrepancies in the same Election Returns/Certificates of Canvass or in other authentic copies thereof as mentioned in Sections 233. When substitute or fraudulent Election Returns/Certificates of Canvass were canvassed. Illegal composition or proceedings of the Board. Sec. 38. Procedure in the disposition of contested Election Returns and Certificate of Canvass. transmission. contain material defects. However. . 2. 3. Issues that may be raised in pre-proclamation controversy. 234. and 4. The Election Returns/Certificates of Canvass were prepared under duress. 36. 37.Pre-proclamation cases involving provincial. 234. custody and appreciation of the Election Returns/Certificate of Canvass shall be brought in the first instance before the Board only. matters raised under Sections 233. Sec. appear to be tampered with or falsified. 235. 236 and 243 of the Omnibus Election Code shall submit their oral objections to the Chairman of the Board at the time the questioned Election Returns/Certificate of Canvass is presented for inclusion in the . coercion or intimidation.Sec. Any candidate. Questions affecting the composition or proceedings of the Boards may be initiated in the Board or directly with the Comelec.The following shall be proper issues that may be raised in a preproclamation controversy: chanroblesvirtuallawlibrary 1. Pre-proclamation controversies: How commenced. the results of which materially affected the standing of the aggrieved candidate or candidates. 35. The canvassed Election Returns/Certificates of Canvass are incomplete. 234. 235. or they are obviously manufactured or not authentic. Sec. . threats. 236 and 243 of the Omnibus Election Code.The following procedure is mandatory and shall be strictly observed by the Boards: chanroblesvirtu allawlibrar y 1. . city and municipal offices are allowed. city and municipal offices. receipt. 236 and 243 of the Omnibus Election Code in relation to the preparation. 5. the objecting party shall submit his objections in the form prescribed by the Comelec. set aside the . Upon receipt of the written objection. the votes shall be tallied temporarily in a separate Statement of Votes properly labeled as "Temporary Tally. 2. however. consider the written objections and oppositions thereto. 25 hereof. Simultaneous with the oral objection. or assign to the Canvassing Committee for canvass. 4. Such objection shall be recorded in the minutes of the canvass. which shall be attached to the written objections. any party may file a written and verified opposition to the objection in the form prescribed by the Comelec attaching thereto supporting evidence. The Board shall enter said information in the minutes of the canvass. Any party adversely affected by the ruling shall immediately inform the Board if he intends to appeal. if any. The Board shall enter its ruling on the prescribed form and authenticate the same by their signatures. Members of the House of Representatives and Party-List in accordance with Sec. the Board shall take up the contested Election Returns/Certificate of Canvass. and summarily and immediately rule thereon. the votes for Senators. With respect to the provincial/city/municipal offices. Upon receipt of the evidence. if any. Within twenty-four (24) hours from the presentation of such an objection. The Chairman shall immediately and formally admit the said evidence to the records of the Board by affixing his signature at the back of each and every page thereof. Within the same period. proceed to canvass. the objecting party shall submit the evidence in support thereof. 3.canvass. The Board shall. the Board shall indicate the date and time or receipt thereof and automatically defer the canvass of the contested Election Returns/Certificate of Canvas for local positions. The Board shall not entertain any objection or opposition unless reduced to writing in the prescribed form." which shall be signed by the Board and watchers present. and furnishing the parties with copies of the report. On the basis of the records and evidence elevated to it by the Board. Partial proclamation. the Board shall suspend the canvass.Election Returns/Certificate of Canvass and proceed to consider the other uncanvassed Election Returns/Certificate of Canvass. The Board shall at all times indicate the date and time of receipt of any: chanroblesvirtuall awlibrar y a. 39. Any appeal brought before the Comelec on the ruling of the Board. Opposition. 8. c. elevating therewith the complete records and evidence submitted in the canvass. the contested returns/Certificate will not adversely affect the results of the election. Evidence.Notwithstanding the pendency of any pre-proclamation controversy. shall be summarily dismissed. the Board shall make an appropriate report to the Comelec. Any proclamation made in violation hereof shall be void ab initio. 9. Written objection. Notice of Appeal. 6. 10. 7. Sec. any party adversely affected by the ruling may file with the Board a written and verified notice of appeal. b. and within a nonextendible period of five (5) days thereafter. Immediately upon receipt of the notice of appeal. Within forty-eight (48) hours therefrom. an appeal may be taken to the Comelec. without the accomplished forms and the evidence thereto. The Board shall not proclaim any candidate as winner unless authorized by the Comelec after the latter has ruled on the objections brought to it on appeal by the losing party. the Comelec shall decide summarily the appeal within seven (7) days from the receipt of said records and evidence. unless. After all the uncontested Election Returns/Certificate of Canvass has been canvassed and the contested Election Returns/Certificate of Canvass ruled upon. d. The decision of the Comelec shall be executory after the lapse of seven (7) days from receipt thereof by the losing party. the Comelec may summarily order the . . Party-List and other elective provincial officials. Sec. 40. . Members of the House of Representatives. Proclaim said winning candidates. 20). Members of the House of Representatives. Members of the House of Representatives. Contested proceedings. Upon completion of the canvass: chanroblesvirtuall awlibrar y a. IV. 2. 24 or 25). and 3. Prepare the Certificate of Canvass and Proclamation of Winning Candidates for City or Municipal Offices (CEF No. Canvass the Election Returns for Senators. The first copy to the Provincial Board of Canvassers for use in the canvass for Senators. . Duties and functions of the City/Municipal Board of Canvassers. 3. period to appeal. The second copy to the Comelec. The third copy to be kept by the Chairman of the Board. the Certificate of Canvass of Votes for Senators.proclamation of other winning candidates whose election will not be affected by the outcome of the controversy. Prepare in seven (7) copies. Distribution of Certificate of Canvass. . 20) shall be distributed as follows: 1. chanroblesvirtuall awlibrary 2. Members of the House of Representatives. 41.Parties adversely affected by a ruling of the Board on questions affecting the composition or proceedings of the Board may appeal the matter to the Comelec within three (3) days from the date of the ruling. Party List and Elective Provincial Officials (CEF No. Sec. . Party-List and Elective Provincial Officials (CEF No. Party-List and for elective provincial and city or municipal officials.The Certificate of Canvass for Senators. 42. chanroblesvirtuall awlibrar y 2.The Municipal Board of Canvassers or City Board of Canvassers of component cities shall: 1. THE CITY/MUNICIPAL BOARD OF CANVASSERS Sec. Thereafter. The fifth. 24) shall be prepared in sufficient copies and distributed as follows: chanroblesvirtu allawlibrar y 1. which shall thereafter be sealed. The first six copies shall be individually folded. proclaimed.(a) The Certificate of Canvass and Proclamation of Winning Candidates for City Offices (CEF No. signed and thumbmarked by the members of the Board and the watchers of the six accredited major political parties. 4. 7. sealed with a serially numbered paper seal in such a way that the Certificate of Canvass and Proclamation cannot be opened without breaking the seal and placed in the corresponding envelopes. and 8. Sec. Secretary Chairman. 5. Certificate of canvass and proclamation. . A copy of the Statement of Votes by precinct shall be attached to the copies for the: chanrobles virtuallawlibr ary . they shall each be sealed and placed inside their corresponding envelopes. sixth and seventh copies to the first three of the six accredited political parties which shall furnish the other three accredited political parties with authentic copies thereof at the least possible delay. 43. of the city sangguniang board of panlungsod. which shall likewise be sealed. if available. and 5. The Certificate of Canvass prepared by the City Board of Canvassers of component cities or Municipal Board of Canvassers shall each be supported by a Statement of Votes by precinct. 3. 6. 2. The fourth copy to the citizens’ arm designated by the Comelec to conduct a media-based unofficial count. Comelec. One copy for posting on the bulletin board of the city hall.4. canvassers. City Regional Provincial Each of the winning election election candidates treasurer. supervisor. director. Supervisor. chanroblesvirtu allawlibrar y 2. 2. A copy of the Statement of Votes by precinct shall be attached to the copies for the: chanrobles virtuallawlibr ary 1. sealed with a serially numbers paper seal in such way that the Certificate of Canvass and Proclamation cannot be opened without breaking the seal and placed in the corresponding envelopes. Comelec. PROVINCIAL BOARD OF CANVASSERS . (b) The Certificate of Canvass and Proclamation for Municipal Offices (CEF No. proclaimed. and canvassers. 6. Director. Treasurer.1. of Municipal the Board sangguniang of Canvassers. 7. Municipal Board of Canvassers. 8. V. and 3. of city the board sangguniang of panlungsod. Comelec. and Provincial Regional Municipal Each of the winning candidates 9. Chairman. The first seven copies shall be individually folded. 4. One copy for posting on the bulletin board of the municipal hall. bayan. Comelec. Secretary of the sangguniang bayan. 3. 2. Secretary Chairman. which shall thereafter be sealed. Secretary of the sangguniang Election Election panlalawigan. 3. Secretary Chairman. 25) shall be prepared in sufficient copies and distributed as follows: 1. 5. . Distribution of Certificate of Canvass. Upon completion of the canvass: chanroblesvirtu allawlibrar y 1. the Certificate of Canvass (Copy for the National Board of Canvassers) shall. The Provincial Board of Canvassers shall: a. All copies of the Certificate of Canvass (CEF No. Members of the House of Representatives. The first copy to the Commission en banc sitting as National Board of Canvassers for use in the canvass of the results for Senator and Party-List. Sec. 21) shall be distributed as follows: 1. Canvass the Certificate of Canvass for Senators. fifth and sixth copies to the first three of the six accredited political parties which shall furnish the other three accredited political parties with authentic copies thereof at the least possible delay. 2. . Prepare in six (6) copies. Party-List and Elective Provincial Officials (CEF No. in addition to the Statement of Votes by city/municipality. The second copy to be kept by the Chairman of the Provincial Board of Canvassers. 21). The third copy to the citizens’ arm designated by the Comelec to conduct a media-based unofficial count. be supported by a Statement of Votes by precinct as submitted by the City Boards of Canvassers of component cities and Municipal Boards of Canvassers. 44.Sec. 20) submitted by the Municipal Board of Canvassers and City Boards of Canvassers of component cities. The fourth. Proclaim the winning candidates for Members of the House of Representatives and provincial offices. 21) shall be supported by a Statement of Votes by city/municipality. ch anroblesvirtuallawlibrary b. Duties and functions of the provincial board of canvassers. 3. a Certificate of Canvass for Senators and Party-List (CEF No. 45. and 3. However. 22 & 23). and 4.The Certificate of Canvass for Senators and Party-List (CEF No. chanrobles virtuallawlibrary 2. Prepare the Certificate of Canvass and Proclamation of Winning Candidates for Member of the House of Representatives and Provincial Offices (CEF No. Canvassers. and 4. Thereafter. 22) shall be prepared for each legislative district in four (4) copies and distributed as follows: chan roblesvirtuallawlibrary 1. 6. they shall each be sealed and placed inside their corresponding envelopes. director. 3.The certificate shall be signed and thumbmarked by the members of the Provincial Board of Canvassers and watchers of the six accredited major political parties. The fourth copy for posting on the bulletin board of the provincial capitol. Comelec. The Certificate of Canvass and Proclamation of the Winning Candidates for Provincial Offices (CEF No. The first and the second copies shall be individually folded and placed in their corresponding envelopes together with a copy of the Statement of Votes by city/municipality. The second copy to be kept by the Chairman of the Provincial Board of Canvassers. if available. The first copy to the Comelec in Manila. 3. proclaimed. 23) shall be prepared in sufficient copies to be distributed as follows: chanrobles virtuallawlibr ary 1. 4. One copy for posting on the bulletin board of the provincial capitol. 46. 2. 5. and 7. Provincial Provincial Regional Each of the winning election candidates treasurer. The third copy to the candidate proclaimed. Certificate of Canvass of Votes and Proclamation of Winning Candidates for Members of the House of Representatives and for provincial offices. Sec. .The Certificate of Canvass and Proclamation of Winning Candidates for Member of the House of Representatives (CEF No. which shall likewise be sealed. Secretary Chairman of of the the sangguniang Boards of panlalawigan. 2. . . Prepare the Certificate of Canvass and Proclamation of winning candidates for Member of the House of Representatives and city officials (CEF 22 & 24). Prepare in six (6) copies the Certificate of Canvass for Senators and Party-List (CEF No.The first five copies shall be individually folded and shall be placed in their corresponding envelopes. VI. Sec. Secretary Chairman. Duties and functions of the City Board of Canvassers for cities comprising one or more legislative districts. 2. . Proclaim the winning candidates for Member of the House of Representatives and city officials. of the sangguniang Board of panlalawigan.The City Board of Canvassers shall distribute the Certificate of Canvass for Senators and Party-List (CEF No. and Provincial Canvassers. CITY BOARD OF CANVASSERS OF CITIES COMPRISING ONE OR MORE LEGISLATIVE DISTRICTS Sec. Upon completion of the canvass: chanroblesvirtu allawlibrar y 1. Comelec. A copy of the Statement of Votes by city/municipality shall be attached to the copies for the: ch anroblesvirtuall awlibrar y 1. 2. 21) as follows: chanroblesvirtu allawlibrar y . 47. the City Board of Canvassers shall first canvass the Election Returns form the legislative district wherein all or a substantial number or precincts have already submitted before canvassing those from the next legislative districts. Distribution of the Certificate of Canvass. Canvass the Election Returns for Senators.The City Board of Canvassers of cities comprising one or more legislative districts shall: a. and chanrobles virtuallawlibr ary 3. 48. b. and 3. Member of the House of Representatives Party-List and elective city officials. 21). In the case of cities with two or more legislative districts. together with a copy of the Statement of Votes by precinct. The fourth copy for posting on the bulletin board of the city hall. they shall each be sealed and placed inside their corresponding envelopes. The second copy to be kept by the Chairman of the Board. fifth and sixth copies to the first three of the six accredited political parties which shall furnish the other three accredited political parties with authentic copies thereof at the least possible delay. The first copy to the Comelec in Manila. which shall likewise be sealed. The third copy to the citizens’ arm designated by the Comelec to conduct a media-based unofficial count. The Certificate of Canvass prepared by the City Board of Canvassers shall each be supported by a copy of the Statement of Votes by precinct. Thereafter. The fourth. 3. and the watchers of the six accredited major political parties. 2. and 4. The third copy to the candidates proclaimed. . (b) The Certificate of Canvass and Proclamation of the Winning Candidates for City Offices (CEF No. 24) shall be prepared in sufficient copies to be distributed as follows: chanrobles virtuallawlibr ary 1.(a) The Certificate of Canvass and Proclamation of Winning Candidates for Member of the House of Representatives (CEF No. if available. Sec. The first copy to the Commission en banc sitting as the National Board of Canvassers for use in the canvass of the election results for Senators and Party-List.1. The second copy to be kept by the Chairman of the Board. The first and second copies shall be individually folded and placed in the corresponding envelope. signed and thumbmarked by the Chairman and members of the Board. 3. 22) shall be prepared for each legislative district in four (4) copies and distributed as follows: chanroblesvirtuall awlibrary 1. Secretary of the sangguniang panlungsod. Certificate of Canvass of Votes and Proclamation. 49. 2. . and 4. THE DISTRICT BOARD OF CANVASSERS IN METRO MANILA Sec. comprising one legislative district. 4. Duties and functions of the District Board of Canvassers in San Juan. Party-List and elective municipal officials. 6.2. proclaimed. 21). . Comelec. Chairman. Upon completion of the canvass: chanroblesvirtu allawlibrar y 1. Canvass the Election Returns for Senators. Prepare the Certificate of Canvass and Proclamation of winning candidates for Member of the House of Representatives and municipal offices. and Canvassers. Prepare in six (6) copies the Certificate of Canvass for Senators and Party-List (CEF No. . VII. The first five copies shall be separately folded and placed in their corresponding envelopes. City Board of Canvassers. director. Comelec. 5. 50. 2. A copy of the Statement of Votes by precinct shall be attached to the copies for the: chanrobles virtuallawlibr ary 1. Secretary Chairman. and 7. 3. City Regional Each of the winning election candidates treasurer. Metro Manila.The District Board of Canvassers of the Municipality of San Juan. 2. and 3. of City the Board sangguniang of panlungsod. Metro Manila. One copy for posting on the bulletin board of the city hall. Proclaim the winning candidates for Member of the House of Representatives and municipal offices. 3. Member of the House of Representatives. ch anroblesvirtuall awlibrar y b. shall: a. 3. together with a copy of the Statement of Votes by precinct. and the watchers of the six accredited major political parties. The second copy to be kept by the Chairman of the District Board of Canvassers. ch anroblesvirtuall awlibrar y 2.Sec.The District Board of Canvassers shall distribute the Certificate of Canvass for Senators and Party-List (CEF No.(a) The Certificate of Canvass and Proclamation of the Winning Candidates for Member of the House of Representatives (CEF No. The third copy to the proclaimed candidate. The first copy to the Comelec in Manila. Thereafter. Certificate of Canvass and Proclamation. . 22) shall be prepared in four (4) copies and distributed as follows: chanroblesvirtuall awlibrar y 1. The third copy to the citizens’ arm designated by the Comelec to conduct a media-based unofficial count. 25) shall be prepared in sufficient copies to be distributed as follows: chanrobles virtuallawlibr ary . which shall likewise be sealed. fifth and sixth copies to the first three of the six accredited political parties which shall furnish the other three accredited political parties with authentic copies thereof at the least possible delay. The fourth. (b) The Certificate of Canvass and the Proclamation of the Winning Candidates for Municipal Offices (CEF No. Sec. signed and thumbmarked by the Chairman and members of the Board. and 4. . 51. 52. The second copy to be kept by the Chairman of the Board. and 4. 21) as follows: 1. The fourth copy for posting in the bulletin board of the municipal hall. The Certificate of Canvass shall be supported by a Statement of Votes by precinct. they shall each be sealed and placed inside their corresponding envelopes. 2. if available. Distribution of the Certificate of Canvass. 3. The first copy to the Commission en banc sitting as the National Board of Canvassers for use in the canvass of the election results for Senators and Party-List. The first and the second copies shall be individually folded and placed in envelope. The first five copies shall be individually folded and placed in their corresponding envelopes. 3. Party-List and elective municipal officials. 20). treasurer. . and candidates 7. Comelec. canvassers. THE MUNICIPAL BOARD OF CANVASSERS OF EACH COMPONENT MUNICIPALITY IN A LEGISLATIVE DISTRICT IN METRO MANILA (Taguig. the Certificate of Canvass for Senators. 2. 53. of Municipal the board sangguniang of canvassers. Duties and functions of the Municipal Board of canvassers of each component municipality in a legislative district in Metro-Manila. Upon completion of the canvass: chanroblesvirtu allawlibrar y 1. proclaimed.1. Member of the House of Representatives. One copy for posting on the bulletin board of the municipal hall. Canvass the Election Returns for Senators. Secretary Chairman. 2. and 3. bayan. VIII. ch anroblesvirtuall awlibrar y b. of the sangguniang board of bayan. 6.The Municipal Board of Canvassers of each component municipality of a legislative district in Metro Manila shall: a. . Municipal Regional Municipal Each of the winning election director. Comelec. A copy of the Statement of Votes by precinct shall be attached to the copies for the: chanrobles virtuallawlibr ary 1. 5. Navotas and Malabon) Sec. Prepare in six (6) copies. Secretary Chairman. Pateros. 4. Members of the House of Representatives and Party-List (CEF No. Sec. of the sangguniang Board of bayan.2. Prepare the Certificate of Canvass and Proclamation of Winning Candidates for Municipal Offices (CEF No. and 5. 20) as follows: 1.The Certificate of Canvass and Proclamation of the Winning Candidates for Municipal Offices (CEF No. signed and thumbmarked by the Chairman and members of the board. sixth and seventh copies to the first three of the six accredited political parties which shall furnish the other three accredited political parties with authentic copies thereof at the least possible delay. Certificate of Canvass and Proclamation. 25) shall be prepared in sufficient copies and distributed as follows: chanroblesvirtuall awlibrary 1. Comelec. and the watchers of the six accredited major political parties. The Certificate of Canvass prepared by the Municipal Board of Canvassers shall each be supported by a Statement of Votes by precinct.The Municipal Board of Canvassers shall distribute the Certificate of Canvass for Senators. Members of the House of Representatives and Party-List (CEF No. 3. Thereafter. 54. The fourth copy to the citizens’ arm designated by the Comelec to conduct a media-based unofficial count. if available. Secretary Chairman. 55. Member of the House of Representatives and Party-List. Proclaim the winning candidates for municipal offices. chanroblesvirtu allawlibrar y 2. and 3. . they shall each be sealed and placed inside their corresponding envelopes. 4. Distribution of the Certificate of Canvass. The third copy to be kept by the Chairman of the Municipal Board of Canvassers. Canvassers. Municipal . 2. The first copy to the District Board of Canvassers for use in the canvass of election results for Senators. which shall likewise be sealed. Sec. The fifth. 25). . The second copy to the Comelec. 3. and the Comelec. 6. . IX. Proclaim the winning candidate for Member of the House of Representatives in the legislative district. Duties and functions of the District Board of Canvassers of legislative districts comprising two (2) municipalities in the Metropolitan Manila Area.4. and 3. proclaimed.The District Board of Canvassers of Taguig-Pateros and Navotas-Malabon shall: a. chan roblesvirtuallawlibrary b. One copy for posting on the bulletin board of the municipal hall. 21). treasurer. Members of the House of Representatives and Party-List (CEF No. The first five copies shall be individually folded and placed in the proper envelope. Prepare the Certificate of Canvass and Proclamation of the Winning candidate for Member of the House of Representatives (CEF No. 20) submitted by the Municipal Board of Canvassers of the component municipality. Each of Regional Municipal the winning election director. A copy of the Statement of Votes by precinct shall be attached to the copies for the Chairman. Municipal Board of Canvassers. 22) in the legislative district. 56. 2. and candidates 7. Metro Manila) Sec. Prepare in six (6) copies the Certificate of Canvass for Senators and Party-List (CEF No. Canvass the Certificate of Canvass for Senators. . DISTRICT BOARD OF CANVASSERS OF LEGISLATIVE DISTRICTS OF METRO MANILA (Taguig-Pateros and Navotas-Malabon. 5. Upon completion of the canvass: chanroblesvirtuall awlibrar y 1. 21) as follows: 1.Sec. the Certificate of Canvass (Copy for the National Board of Canvassers) shall. . The fourth. 3. fifth and sixth copies to the first three of the six accredited major political parties which shall furnish the other three accredited political parties with authentic copies thereof at the least possible delay.The Certificate of Canvass and Proclamation of the Winning Candidate for Member of the House of Representatives (CEF No. The third copy to the proclaimed candidate. 58. which shall likewise be sealed. The third copy to the citizens’ arm designated by the Comelec to conduct a media-based unofficial count. The first copy to the Comelec in Manila. if available. . The first copy to the Commission en banc sitting as the National Board of Canvassers for use in the canvass of the election results for Senators and Party-List. The certificate shall be signed and thumbmarked by the members of the Provincial Board of Canvassers and watchers of the six accredited major political parties. All copies of the Certificate of Canvass (CEF No. ch anroblesvirtuall awlibrar y 2. However. Distribution of the Certificate of Canvass. they shall each be sealed and placed inside their corresponding envelopes. 2. The fourth copy for posting on the bulletin board of the municipal hall where the canvass was conducted. and 4.The District Board of Canvassers shall distribute the Certificate of Canvass for Senators and Party-List (CEF No. 22) shall be prepared in four (4) copies and distributed as follows: chanroblesvirtu allawlibrar y 1. and 4. . be supported by a Statement of Votes by precinct as submitted by the Municipal Boards of Canvassers. 57. 21) shall be supported by Statement of Votes by city/municipality. in addition to the Statement of Votes by city/municipality. Sec. Certificate of Canvass and Proclamation. The second copy to be kept by the Chairman of the District Board of Canvassers. 3. Thereafter. The second copy to be kept by the Chairman of the District Board of Canvassers. ARTICLE XXII. Sec. . Let the Deputy Executive Director for Operations implement this Resolution. entity.This resolution shall take effect on the seventh day following its publication in two (2) daily newspapers of general circulation in the Philippines. gives or promises any office or employment. association. or makes or offers to make an expenditure. .The Education and Information Department shall cause the immediate publication of this resolution and shall furnish copies thereof to the Department of Justice. Department of Education. (1) Any person who gives. ELECTION OFFENSES Sec. or community in order to induce anyone or the public in general to vote for or against any candidate or withhold his vote in the election.The following shall be guilty of an election offense: ch anroblesvirtu allawlibrar y (a) Vote-buying and vote-selling. for any of the foregoing considerations. corporation. the Department of Finance. Culture and Sports. association. 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.The first and second copies shall be individually folded and placed in their corresponding envelopes together with a copy of the Statement of Votes by municipality. public or private. all Regional Election Directors. Provincial Election Supervisors and Election Officers. 261. 60. public or private. Sec. franchise or grant. or cause an expenditure to be made to any person. corporation. . offers or promises money or anything of value. 59. group or community who solicits or receives. Dissemination. directly or indirectly. and City/Provincial Division and City Superintendent of Schools and the Municipal Treasurers with copies of the Resolution. Prohibited Acts. any expenditure or promise of any office or employment. Effectivity. . (2) Any person. directly or indirectly. . or any head. terrorism. or any employer or landowner who dismisses or threatens to dismiss. whether candidates or not. or causing him annoyance in the performance of his job or in his membership. overseer. employee or house helper. tenants. or any employer or land-owner who coerces or intimidates or compels. or any contingency connected with an election. damage. intimidates or actually causes. (2) Any public officer or any officer of any commercial. (d) Coercion of subordinates. loss or disadvantage upon any person or persons or that of the immediate members of his . inflicts or produces any violence. wage or compensation. . directly or indirectly. tillers. campaign or vote for or against any candidate. superior or administrator of any religious organization. separation. any subordinate member or affiliate. overseers. Any money or thing of value or deposit of money or thing of value situated anywhere in the Philippines put as such bet or wager shall be forfeited to the government. (c) Wagering upon result of election. economic or social enterprise or public or private corporation or association. industrial. use of fraudulent device or other forms of coercion. or any officer of any public or private corporation or association. transfer. farm helpers. superior.Two or more persons. tiller. or in any manner influence. parishioner.(b) Conspiracy to bribe voters. who come to an agreement concerning the commission of any violation of paragraph (a) of this section and decide to commit it. suspension. for disobeying or not complying with any of the acts ordered by the former to aid. injury. or administrator of any religious organization. excommunication. directly or indirectly. campaign or vote for or against any candidate or any aspirant for the nomination or selection of candidates.Any person who. or by demotion. (e) Threats. punishes or threatens to punish be reducing his salary. punishment. . (1) Any public officer. or lease holders to aid.Any person who bets or wagers upon the outcome of. or lease holder. any of his subordinates or members or parishioners or employees or house helpers. tenant. ejectment. agricultural. farm helper. or any head. or any aspirant for the nomination or selection of candidates. threatens. intimidation. As an exception to the foregoing provisions. however. temporary or casual. or any promise of such registration. within the election period except upon prior approval of the Commission. . creation of new position. (f) Coercion of election officials and employees. or creates and fills any new position. Any appointment or hiring in violation of this provision shall be null and void. terrorizes or coerces any election official or employee in the performance of his election functions or duties. intimidates. campaign. and that the position shall not be filled in a manner that may influence the election. (h) Transfer of officers and employees in the civil service. official or appointing officer of a government office. or the participation in a campaign or refraining or desistance from any campaign. (2) Any government official who promotes. promotion. That notice of the appointment shall be given to the Commission within three days from the date of the appointment. vote. . whether national or local. agency or instrumentality. whether provisional. except upon prior authority of the Commission. including government-owned or controlled corporations. . or the casting of any vote or omission to vote. or giving salary increases. or gives any increase of salary or remuneration or privilege to any government official or employee. or omission therefrom. his honor or property.Any person who. who appoints or hires any new employee. . (1) any head. threatens. (g) Appointment of new employees.During the period of fortyfive days before a regular election and thirty days before a special election. or uses any fraudulent device or scheme to compel or induce the registration or refraining from registration of any voter. a new employee may be appointed in case of urgent need: Provided. directly or indirectly. it is satisfied that the position to be filled is essential to the proper functioning of the office or agency concerned. including those in government-owned or controlled corporations.family. The Commission shall not grant the authority sought unless.Any public official who makes or causes any transfer or detail whatever of any officer or employee in the civil service including public school teachers. It is unlawful for any person to promise any office or employment. confidential agents or the like. Any employee. corporation or entity. any appointing authority who appoints or any person who utilizes the services of special policemen. . or the share of the harvest of the tenant. association. (j) Undue influence. barangay self-defense units and all other para-military units that now exist or which may hereafter be organized who. or to make or offer to make an expenditure. public or private. . (k) Unlawful electioneering. if he is a peace officer. special forces. laborer or tenant so dismissed or ejected shall be reinstated and the salary or wage of the employee or laborer. directly or indirectly.During the campaign period. or employment. intervenes in any election campaign or engages in any partisan political activity. (m) Appointment or use of special policemen. . or member or the Armed Forces of the Philippines. except to vote or to preserve public order. corporation or community. persons previously appointed as special . directly or indirectly. for or against any candidate or any political party within the polling place and with a radius of thirty meters thereof. confidential agents or persons performing similar functions. special agents.Any officer or employee in the civil service. directly or indirectly. nor a tenant be ejected from his landholdings for refusing or failing to vote for any candidate of his employer or landowner. . special agents. except those holding political offices. or any police force. (l) Prohibition against dismissal of employees. shall be restored to the aggrieved party upon application to the proper court. to solicit or receive. laborers. or tenants. public or private. or to vote for or against any candidate in any election or any aspirant for the nomination or selection of an official candidate in a convention of a political party. employee. It is likewise unlawful for any person. No employee or laborer shall be dismissed. on the day before and on election day. any expenditure or promise or any office. or to cause an expenditure to be made to any person. any officer.It is unlawful to solicit votes or undertake any propaganda on the day of registration before the board of election inspectors and on the day of election. association.(i) Intervention of public officers and employees. for any of the foregoing considerations. home defense forces. which may induce anyone or the public in general either to vote or withhold his vote. policemen. . . or paraphernalia owned by the government or by its political subdivisions. apparatus. city mayor. sub-divisions.The Director of the Bureau of Prisons. any provincial warden. agencies or instrumentalities. municipal mayor. vehicle. At the start of the aforementioned period. provincial governor. or by the Armed Forces of the Philippines. special agents. (1) public funds or money deposited with. confidential agents or persons performing similar functions in the employ of their respective political subdivisions. or the provincial. banks. including government-owned or controlled corporations. public financing institutions or by government offices. directly or indirectly. money deposited in trust. (2) any printing press. . or television station or audio-visual equipment operated by the Government or by its divisions.Any person who carries any deadly weapon in the polling place and within a radius of one hundred meters thereof during the days and hours fixed by law for the registration of voters .Any person who uses under any guise whatsoever. the keeper of the jail or the person or persons required by law to keep prisoners in their custody shall post in three conspicuous public places a list of the prisoners or detention prisoners under their care. insignias and other badges of authority to the proper officer who issued the same. confidential agents or persons performing similar functions who continue acting as such. The municipal or city warden. or (3) any equipment. with such particulars as the Commission may require. Detention prisoners must be categorized as such. equipment. the barangay chairman. or by the Armed Forces of the Philippines for any election campaign or for any partisan political activity. (o) Use of public funds. agencies including government-owned or controlled corporations. uniforms. radio. facility. or agencies. (p) Deadly weapons. city or municipal jail to leave the premises thereof sixty days before and thirty days after the election. or any appointing authority shall submit to the Commission a complete list of all special policemen. facilities owned or controlled by the government for an election campaign. and those who fail to turn over their firearms. the provincial warden. special agents. the keeper of the jail or the person or persons required by law to keep prisoners in their custody who illegally orders or allows any prisoner detained in the national penitentiary. or held in trust by. (n) Illegal release of prisoners before and after election. machine guns and other similar high caliber firearms. of any make or model.During the campaign period. counting of votes. or disorder. turmoil. or preparation of the election returns. . . any peace officer or public officer authorized by the Commission to supervise the election is entitled to carry firearms or any other weapon for the purpose of preserving order and enforcing the law. offices. whether new. armored trucks. carries any firearms outside his residence or place of business during the election period. councils. rebuilt or remodelled: Provided. That banking or financial institutions and all business firms may use not more than two armored vehicles strictly for. decorations or regalia. commissions. on the day before and on election day. business or occupation habitually carry large sums of money or valuables.Any person who. provided with any temporary or permanent equipment or any other device or contraption for the mounting or installation of cannons. profession. bureaus.in the polling place. reconditioned. half trucks. unless authorized in writing by the Commission: Provided. (q) Carrying firearms outside residence or place of business. and limited to. investigative. or government-owned or controlled corporations. although possessing a permit to carry firearms. (s) Wearing of uniforms and bearing arms. However. That a motor vehicle. or bears arms outside the immediate vicinity of his place of work: Provided.Any person who uses during the campaign period. including military type tanks. or privately-owned or operated security. protective or intelligence agencies. That this prohibition shall not apply when said member is in pursuit of a person who has committed or is committing a crime in the premises . who wears his uniform or uses his insignia. on the day before and on election day. upon previous authority of the Commission. water or air craft. the purpose of transporting cash. This prohibition shall not apply to cashiers and disbursing officers while in the performance of their duties or to persons who by nature of their official duties. water or air craft shall not be considered a residence or place of business or extension hereof. any member of security or police organization of government agencies. (r) Use of armored land. gold bullion or other valuables in connection with their business from and to their place of business. water or air craft. scout trucks. voting. in cases of affray. . any armored land. . honest and peaceful elections in a specific area. protective or intelligence agencies performing identical or similar functions. in case of members of para-military units. During the election period. buildings or offices: Provided. and only after notice and hearing. orderly. in letters and numbers of a clearly legible design at least two centimeters tall. That in the last case prior written approval of the Commission shall be obtained. police forces. if any. offices. rank and serial number. and the Commission notified thereof in writing. which shall at all times remain visible and uncovered. or any member or members of the security or police organization. home defense forces. barangay self-defense units. or (2) the Commission authorizes him to do so. and ending thirty days thereafter any member of the Armed Forces of the Philippines. All personnel of the Armed Forces authorized by the President or the Commission to bear arms or wear their uniforms outside their camps and all police and peace officers shall bear their true name. special. orderly and honest elections. or of any member or members of privately owned or operated security. councils. whenever the Commission finds it necessary for the promotion of free. or which may hereafter be organized. garrison or barracks to which he is assigned or detailed or outside their homes. bureaus. The Commission shall decide all applications for authority under this paragraph within fifteen days from the date of the filing of such application. During the same period. government ministries. and all other para-military units that now exist. investigative. commissions.he is guarding. forces. deposits. stitched in block letters on a white background on the left breast of their uniform. or other valuables. barangay self-defense units and all other paramilitary units that now exist or which may hereafter be organized who wears his uniform or bears arms outside the camp. home defense forces. instrumentalities. unless (1) the President of the Philippines shall have given previous authority therefor. or government-owned or controlled corporations and other subsidiaries. it shall confiscate or order the confiscation of firearms of any member or members of the Armed Forces of the Philippines. further. or when guarding the residence of private persons or when guarding private residences. which authority it shall give only when necessary to assist it in maintaining free. or when escorting or providing security for the transport of payrolls. any member of the Philippine Constabulary or the police force of any municipality within the province to act as his bodyguard or security guard in a number to be determined by the Commission but not to exceed three per candidate: Provided. when the life and security of a candidate is in jeopardy. any provincial or sub-provincial guard. barangay self-defense units and all other para-military units that now exist or which may hereafter be organized who acts as bodyguard or security guard of any public official. That. subject to confirmation or revocation. who. That when the circumstances require immediate action. That not more than the average number of laborers or employees already employed therein during the six-month period immediately prior to . special forces. during forty-five days before a regular election and thirty days before a special election. (v) Prohibition against release. The heads of all reaction forces. or similar forces shall. any member of the Armed Forces of the Philippines. and any of the latter who utilizes the services of the former as bodyguard or security guard: Provided. the Commission may issue a temporary order allowing the assignment of any member of the Philippine Constabulary or the local police force to act as bodyguard or security guard of the candidate. strike forces. after due notice and hearing. strike forces. home defense forces. the Commission is empowered to assign at the candidate's choice. .Any person who organizes or maintains a reaction force. (u) Organization or maintenance of reaction forces. disburses or expends any public funds for: chanroblesvirtu allawlibrar y (1) Any and all kinds of public works. disbursement or expenditure of public funds. not later than forty-five days before the election. except the following: chanroblesvirtuall awlibrar y (a) Maintenance of existing and/or completed public works project: Provided. or other similar forces.(t) Policemen and provincial guards acting as bodyguards or security guards.During the campaign period. releases. on the day before and on election day. . strike force or similar force during the election period. any member of the city or municipal police force. .Any public official or employee including barangay officials and those of government-owned or controlled corporations and their subsidiaries. submit to the Commission a complete list of all members thereof with such particulars as the Commission may require. candidate or any other person. however. but such work shall be limited to the restoration of the damaged facility. No payment shall be made within five days before the date of election to laborers who have rendered services in projects or works except those falling under subparagraphs (a). (b) Work undertaken by contract through public bidding held. and (d) Emergency work necessitated by the occurrence of a public calamity. and (d). (b). That no additional laborers shall be employed for maintenance work within the said period of forty-five days. (c) Payment for the usual cost of preparation for working drawings. This prohibition shall not apply to ongoing public works projects commenced before the campaign period or similar projects under foreign agreements. specifications. of this paragraph. before the fortyfive day period before election: Provided. it shall be the duty of the government officials or agencies concerned to report to the Commission the list of all such projects being undertaken by them.the beginning of the forty-five day period before election day shall be permitted to work during such time: Provided. (2) The Ministry of Social Services and Development and any other office in other ministries of the government performing functions similar to said ministry. For purposes of this provision. and all incidental expenses for wages of watchmen and other laborers employed for such work in the central office and field storehouses before the beginning of such period: Provided. except for salaries of . That the number of such laborers shall not be increased over the number hired when the project or projects were commenced. and other procedures preparatory to actual construction including the purchase of materials and equipment. or by negotiated contract awarded. bills of materials. further. (c). That work for the purpose of this section undertaken under the socalled "takay" or "paquiao" system shall not be considered as work by contract. estimates. any person who (a) undertakes the construction of any public works. Should a calamity or disaster occur. unless said suspension will be for purposes of applying the "Anti-Graft and Corrupt Practices Act" in relation to the suspension and removal of elective officials. except for projects or works exempted in the preceding paragraph. subject to the supervision of the Commission on Audit or its representatives. the Philippine National Red Cross. . any public official who suspends. without prior approval of the Commission. except for salaries of personnel and for such other necessary administrative or other expenses as the Commission may authorize after due notice and hearing. and (3) The Ministry of Human Settlements and any other office in any other ministry of the government performing functions similar to said ministry.During the period of forty-five days preceding a regular election and thirty days before a special election. in which case the provisions of this section shall be inapplicable. municipal or barangay officer.personnel. (w) Prohibition against construction of public works. and for such other expenses as the Commission may authorize after due notice and hearing. in the distribution of any relief or other goods to the victims of the calamity or disaster. and no candidate or his or her spouse or member of his family within the second civil degree of affinity or consanguinity shall participate. city. goods or other things of value chargeable against public funds. having all the qualifications and none of the disqualifications of a voter. (y) On Registration of Voters: chanrobles virtuallawlibr ary (1) Any person who. or (b) issues. and for such other routine and normal expenses. municipal or barangay officer. . and administered and disbursed by. fails without justifiable excuse to register as a voter in an election. all releases normally or usually coursed through the said ministries and offices of other ministries shall be turned over to. any elective provincial.The provisions of law to the contrary notwithstanding during the election period. directly or indirectly. . plebiscite or referendum in which he is qualified to vote. (x) Suspension of elective provincial. uses or avails of treasury warrants or any device undertaking future delivery of money. delivery of materials for public works and issuance of treasury warrants and similar devices. city. or any person in charge of the registration of voters who deliberately or through negligence. (4) Any member of the board of election inspectors who approves any application which on its face shows that the applicant does not possess all the qualifications prescribed by law for a voter. (6) Any person who registers in substitution for another whether with or without the latter's knowledge or consent. inserts or otherwise includes. hinders or obstruct another from registering.(2) Any person who knowingly makes any false or untruthful statement relative to any of the data or information required in the application for registration. (5) Any person who. (10) Any person who uses the voter's affidavit of another for the purpose of voting. causes or allows the imprinting of blurred or indistinct fingerprints on any of the aforementioned registration forms. (8) Any person who delays. the . (9) Any person who falsely certifies or identifies another as a bona fide resident of a particular place or locality for the purpose of securing the latter's registration as a voter. whether or not he actually succeeds in voting. or who disapproves any application which on its face shows that the applicant possesses all such qualifications. (11) Any person who places. (7) Any person who tampers with or changes without authority any data or entry in any voter's application for registration. or any person who tampers with the fingerprints in said registration records. (3) Any person who deliberately imprints or causes the imprinting of blurred or indistinct fingerprints on any of the copies of the application for registration or on the voter's affidavit. as approved application for registration in the book of voters or in the provincial or national central files of registered voters. registers anew without filing an application for cancellation of his previous registration. being a registered voter. hands over. by giving or causing the giving of money or other benefit or making or causing the making of a promise thereof. demanding. (12) Any person who transfers or causes the transfer of the registration record of a voter to the book of voters of another polling place. (16) Any person who takes. takes. (14) Any person who delivers. (13) Any person who asks. 124 and 125 hereof. or to vote for or against any candidate in an election or any issue in a plebiscite or referendum. . demands. entrusts. It shall be presumed prima facie that the asking. or possessing is with such intent if done within the period beginning ten days before election day and ending ten days after election day. carries or possesses any blank or unused registration form already issued to a city or municipality outside of said city or municipality except as otherwise provided in this Code or when directed by express order of the court or of the Commission. tampers or transfers to another list the name of a registered voter from the official list of voters posted outside the polling place. (17) Any person who maliciously omits. or takes or accepts such voter's affidavit directly or indirectly. or removes from. accepting. in order to induce the latter to withhold his vote. tears. (15) Any person who alters in any manner. accepts or possesses. unless the voter's affidavit of another and the latter are both members of the same family. 123. removes or destroys any certified list of voters. taking. directly or indirectly. unless said transfer was due to a change of address of the voter and the voter was duly notified of his new polling place. the voter's affidavit of another. directly or indirectly his voter's affidavit to another in consideration of money or other benefit or promises thereof. gives. or otherwise takes out of the book of voters or the provincial or national central files of registered voters any duly approved voter's application. or of a competent court or after proper cancellation as provided in Sections 122. defaces. except upon lawful order of the Commission.application of any fictitious voter or any application that has not been approved. (5) Any person who avails himself of any means of scheme to discover the contents of the ballot of a voter who is preparing or casting his vote or who has just voted. not being a registered voter. or who. or any person who prepares the ballot of another who is not illiterate or physically disabled. or records a vote where no such vote has been read by the chairman. (8) Any member of the board of election inspectors charged with the duty of reading the ballot during the counting of votes who deliberately omits to read the vote duly written on the ballot. (7) Any person who places under arrest or detains a voter without lawful cause. (9) Any member of the board of election inspectors charged with the duty of tallying the votes in the tally board or sheet. (2) Any person who votes more than once in the same election. or molests him in such a manner as to obstruct or prevent him from going to the polling place to cast his vote or from returning home after casting his vote. uses a ballot other than the one given by the board of election inspectors or has in his possession more than one official ballot. election returns or other prescribed form who deliberately fails to record a vote therein or records erroneously the votes as read. (10) Any member of a board of election inspectors who has made possible the casting of more votes than there are registered voters.(z) On voting: chanrobles virtuallawlibr ary (1) Any person who fails to cast his vote without justifiable excuse. . with or without the latter's knowledge and/or consent. not being illiterate or physically disabled. or to compel him to reveal how he voted. allows his ballot to be prepared by another. (4) Any person who. (6) Any voter who. or misreads the vote actually written thereon or reads the name of a candidate where no name is written on the ballot. (3) Any person who votes in substitution for another whether with or without the latter's knowledge and/or consent. votes in an election. in the course of voting. (11) Any person who. (17) Any person who. (15) Any public official who neglects or fails to properly preserve or account for any ballot box. (13) Any person having legal custody of the ballot box containing the official ballots used in the election who opens or destroys said box or removes or destroys its contents without or against the order of the Commission or who. without authority. destroys. substitutes or takes away from the possession of those having legal custody thereof. directives or messages regarding any matter relating to the printing of official ballots. type-form mould. documents and forms received by him and kept under his custody. (19) Any person who. uses or carries out or causes to be kept. any official ballot or election returns or printed proof thereof. without legal authority. keeps. without authority. or takes away said ballot box from his custody. the transfer of polling place or the general conduct of the election. transfers the location of a polling place. (18) Any person who. for the purpose of disrupting or obstructing the election process or causing confusion among the voters. whether or not they are actually used. propagates false and alarming reports or information or transmits or circulates false orders. or from the place where they are legally deposited. used or carried out. (12) Any person who. prints or causes the printing of any ballot or election returns that appears as official ballots or election returns or who distributes or causes the same to be distributed for use in the election. electro- . (16) Any person who reveals the contents of the ballot of an illiterate or disabled voter whom he assisted in preparing a ballot. (14) Any member of the board of election inspectors who knowingly uses ballots other than the official ballots. except in those cases where the use of emergency ballots is authorized. enables any person to commit any of the aforementioned acts. the postponement of the election. through his negligence. without authority. any election form or document or ballot box which contains official ballots or other documents used in the election. (22) Any person who removes. or in any manner disposes of or causes to be distributed. (24) Any person who deliberately blurs his fingerprint in the voting record. delivered. tears. (21) Any person who. defaces or destroys any certified list of candidates posted inside the voting booths during the hours of voting. through any act. means or device. any official ballot or election returns to any person or persons not authorized by law or by the Commission to receive or keep official ballots or election returns or who sends or causes them to be sent to any place not designated by law or by the Commission.type printing plates and any other plate. (20) Any official or employee of any printing establishment or of the Commission or any member of the committee in charge of the printing of official ballots or election returns who causes official ballots or election returns to be printed in quantities exceeding those authorized by the Commission or who distributes. (aa) On Canvassing: chanroblesvirtuall awlibrar y (1) Any chairman of the board of canvassers who fails to give due notice of the date. (3) Any member of the board of canvassers who proceeds with the canvass of votes and/or proclamation of any candidate in the absence of quorum. or stops any election being legally held. political parties and/or members of the board. time . or without giving due notice of the date. (23) Any person who holds or causes the holding of an election on any other day than that fixed by law or by the Commission. delivers. or disposed of. violates the integrity of any official ballot or election returns before or after they are used in the election. (2) Any member of the board of canvassers who proceeds with the canvass of the votes and/or proclamation of any candidate which was suspended or annulled by the Commission. numbering machines and other printing paraphernalia being used in connection with the printing of official ballots or election returns. time and place of the meeting of said board to the candidates. being ineligible for appointment as member of any board of election inspectors or board of canvassers. accepts an appointment to said body. without authority of the Commission. refuses to sign and certify any election form required by this Code or prescribed by the Commission although he was present during the meeting of the said body. (bb) Common to all boards of election inspectors and boards of canvassers: chan roblesvirtuallawlibrary (1) Any member of any board of election inspectors or board of canvassers who deliberately absents himself from the meetings of said body for the purpose of obstructing or delaying the performance of its duties or functions. (3) Any person who. in the presence or within the hearing of any board of election inspectors or board of canvassers during any of its meetings. without justifiable reason. (4) Any person who.and place of the meeting of the board to the candidates. assumes office. uses in the canvass of votes and/or proclamation of any candidate any document other than the official copy of the election returns. either partly or totally. and actually serves as a member thereof. (cc) On candidacy and campaign: chanroblesvirtuallawlibrary . or any of public officer or any person acting in his behalf who appoints such ineligible person knowing him to be ineligible. and/or other members of the board. conducts himself in such a disorderly manner as to interrupt or disrupt the work or proceedings to the end of preventing said body from performing its functions. political parties. (5) Any public official or person acting in his behalf who relieves any member of any board of election inspectors or board of canvassers or who changes or causes the change of the assignments of any member of said board of election inspectors or board of canvassers without authority of the Commission. (4) Any member of the board of canvassers who. (2) Any member of any board of election inspectors or board of canvassers who. terrorism or coercion. buys. receives any certificate of candidacy outside the period for filing the same and makes it appear that said certificate of candidacy was filed on time.(1) Any political party which holds political conventions or meetings to nominate its official candidates earlier that the period fixed in this Code. furnishes. offers. destroys or cancels any certificate of candidacy duly filed and which has not been cancelled upon order of the Commission. booths or stalls of any kind for the sale. (2) Any person who abstracts. or on the day before the election or on election day: Provided. being authorized to receive certificates of candidacy. further. (dd) Other prohibitions: chanroblesvirtuall awlibrar y (1) Any person who sells. on the day of election. or any person who. jams. by any device or means. (6) Any person who solicits votes or undertakes any propaganda. causes or compels the commission of said act. intimidation. serves or takes intoxicating liquor on the days fixed by law for the registration of voters in the polling place. (4) Any person who. That hotels and other establishments duly certified by the Ministry of Tourism as tourist oriented and habitually in the business of catering to foreign tourists may be exempted for justifiable reasons upon prior authority of the Commission: Provided. dispensing or display . obstructs or interferes with a radio or television broadcast of any lawful political program. That foreign tourists taking intoxicating liquor in said authorized hotels or establishments are exempted from the provisions of this subparagraph. by means of fraud. for or against any candidate or any political party within the polling place or within a radius of thirty meters thereof. (3) Any person who misleads the board of election inspectors by submitting any false or spurious certificate of candidacy or document to the prejudice of a candidate. (2) Any person who opens in any polling place or within a radius of thirty meters thereof on election day and during the counting of votes. threat. (5) Any person who. . 229. 83. Sec. 194. 219. 134. 84. 185. 88. 213. jai-alai or any other similar sports. 99. 186. as defined in the Revised Penal Code. . or for any other purposes. 217. If the one responsible be a political party or an entity. 122. 172. (3) Any person who holds on election day. 150. 230. 132. 105. 110. . 95. 220. 145. Sec. the officials and employees of the same. 223. 192. 96.of wares. 135. 18. . 182. 108. 178. of the following sections of this Code shall constitute election offenses: Sections 9. Sec. 81. 129. 97. 191. 152. 216. such refusal shall constitute a ground for cancellation or revocation of the franchise. 74. 102. (4) Refusal to carry election mail matter. 239 and 240. accomplices. or pertinent portions.Violation of the provisions. in addition to the liability of such party or entity. 173. its president or head. 234.Any person who operates a radio or television station who without justifiable cause discriminates against any political party. boxing. 80. shall be criminally liable for election offenses. 128. 208. 262. fairs. 212. whether solid or liquid. 184. 197. In addition to the penalty prescribed herein. 263. 75. including government-owned or controlled postal service or its employees or deputized agents who refuse to carry official election mail matters free of charge during the election period. 233. 123. 106 107. 214. 195. 174. 112. In addition to the penalty prescribed herein. 127. Persons criminally liable. 198. 89. 231. 85. 100. cockfights. 207.Any person found guilty of any election offense under this Code shall be punished with imprisonment of not less than one year but not more than six years and shall not be subject to . and accessories. coalition or aggroupment of parties or any candidate in the sale of air time. Other election offenses. 104. 206. such refusal shall constitute a ground for cancellation or revocation of certificate of public convenience or franchise. 82. accomplices. 76. 202. 209. 109. 235. 236. 189. Penalties. or accessories shall be liable. 103. 205. . 264. 190. merchandise or refreshments. 148. 218.The principals. (5) Prohibition against discrimination in the sale of air time. 204. performing duties connected with the offense committed and its members who may be principals. 210. horse races. 196. 211. 87. 203.Any operator or employee of a public utility or transportation company operating under a certificate of public convenience. 180. 101. 86. 98. 111. 215. he shall suffer disqualification to run for public office in the next succeeding election following his conviction or be appointed to a public office for a period of one year following his conviction. upon conviction. The Commission may avail of the assistance of other prosecuting arms of the government: Provided. In case of prisoner or prisoners illegally released from any penitentiary or jail during the prohibited period as provided in Section 261. if warranted.probation. Sec. however. Any person found guilty of the offense of failure to register or failure to vote shall. he shall be sentenced to deportation which shall be enforced after the prison term has been served. That in the event that the Commission fails to act on any complaint within four months from his filing. Sec. which shall be imposed upon such party after criminal action has been instituted in which their corresponding officials have been found guilty. Prosecution. be fined one hundred pesos. terrorism of interference in the election. In addition. or persons who are required by law to keep said prisoner in their custody shall. the director of prisons. In addition. be sentenced to suffer the penalty of prision mayor in its maximum period if the prisoner or prisoners so illegally released commit any act of intimidation.The Commission shall. If he is a foreigner. political party or coalition of political parties under or pursuant to any order of whatever name or nature and by whomsoever issued except only upon a warrant of arrest issued by a . . paragraph (n) of this Code. the complainant may file the complaint with the office of the fiscal or with the Ministry of Justice for proper investigation and prosecution. 266. provincial warden. keeper of the jail or prison. and to prosecute the same. Arrest in connection with the election campaign. Any political party found guilty shall be sentenced to pay a fine of not less than ten thousand pesos. if convicted by a competent court. the guilty party shall be sentenced to suffer disqualification to hold public office and deprivation of the right of suffrage. . have the exclusive power to conduct preliminary investigation of all election offenses punishable under this Code. through its duly authorized legal officers. 265.No person shall be arrested and/or detained at any time for any alleged offense committed during and in connection with any election through any act or language tending to support or oppose any candidate. If the discovery of the offense be made in an election contest proceedings. and the case shall be decided within thirty days from its submission for decision. the penalty shall not be higher than reclusion perpetua and the offender shall be entitled to reasonable bail upon sufficient sureties to be granted speedily by the competent court. From the decision of the courts. The provision of Section 267 of this Code shall not apply to prosecution under this section. The courts shall likewise give preference to election offenses over all other cases. Sec. 269. except petitions for writ of habeas corpus. rape or arson is involved. loss of the right of citizenship and confiscation of property shall not be imposed.The investigation and prosecution of cases involving violations of the election laws shall be given preference and priority by the Commission on Elections and prosecuting officials. Moreover. Any officer or a person who shall violate any provision of this section shall be punished by imprisonment of not less than six (6) years and one (1) day nor more than twelve (12) years. appeal will lie as in other criminal cases. Jurisdiction of courts.competent judge after all the requirements of the Constitution shall have been strictly complied with. Sec.The regional trial court shall have the exclusive original jurisdiction to try and decide any criminal action or proceedings for violation of this Code. In all cases. Preferential disposition of election offenses. Sec. . Their investigation shall be commenced without delay. Prescription. 268. . Their trial shall likewise be commenced without delay. . except those relating to the offense of failure to register or failure to vote which shall be under the jurisdiction of the metropolitan or municipal trial courts. the period of prescription shall commence on the date on which the judgment in such proceedings becomes final and executory. 267. and shall be conducted continuously until terminated. If the offense charged is punishable under a presidential decree whether originally or by amendment of a previous law. and shall be resolved by the investigating officer within five days from its submission for resolution.Election offenses shall prescribe after five years from the date of their commission. . with the accessory penalties for election offenses. the death penalty shall not be imposed upon the offender except where murder.