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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/marksense 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

from among its personnel/deputies and the members from the officials enumerated in Sec. 21 of Republic Act No. 6646. Sec. 6. Authority to use an automated election system. To carry out the above-stated policy, the Commission on Elections, herein referred to as the Commission, is hereby authorized to use an automated election system, herein referred to as the System, for the process of voting, counting of votes and canvassing/consolidation of results of the national and local elections: Provided, however, That for the May 11, 1998 elections, the System shall be applicable in all areas within the country only for the positions of president, vice-president, senators and parties, organizations or coalitions participating under the party-list system. To achieve the purpose of this Act, the Commission is authorized to procure by purchase, lease or otherwise any supplies, equipment, materials and services needed for the holding of the elections by an expedited process of public bidding of vendors, suppliers or lessors: Provided, That the accredited political parties are duly notified of and allowed to observe but not to participate in the bidding. If, inspite of its diligent efforts to implement this mandate in the exercise of this authority, it becomes evident by February 9, 1998 that the Commission cannot fully implement the automated election system for national positions in the May 11, 1998 elections, 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. Sec. 7. Features of the system. The System shall utilize appropriate technology for voting, and electronic devices for counting of votes and canvassing of results. For this purpose, the Commission shall acquire automated counting machines, computer equipment, devices and materials and adopt new forms and printing materials. The System shall contain the following features: (a) use of appropriate ballots, (b) stand-alone machine which can count votes and an automated system which can consolidate the results immediately, (c) with provisions for audit trails, (d) minimum human intervention, and (e) adequate safeguard/security measures. In addition, the System shall as far as practicable have the following features: 1. It must be user-friendly and need not require computer-literate operators;

2. 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; 3. The security key control must be embedded inside the machine sealed against human intervention; 4. 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 ballot paper for the OMR counting machine must be of the quality that passed the international standard like ISO-1831, JIS-X9004 or its equivalent for optical character recognition; 6. The ballot feeder must be automatic; 7. The machine must be able to count from 100 to 150 ballots per minute; 8. The counting machine must be able to detect fake or counterfeit ballots and must have a fake ballot rejector; 9. The counting machine must be able to detect and reject previously counted ballots to prevent duplication; 10. The counting machine must have the capability to recognize the ballot's individual precinct and city or municipality before counting or consolidating the votes; 11. 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; 12. 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; 13. The machine must have a built-in floppy disk drive in order to save the processed data on a diskette; 14. The machine must also have a built-in hard disk to store the counted and consolidated data for future printout and verification; 15. The machine must be temperature-resistant and rust-proof;

16. The optical lens of the OMR must have a self-cleaning device; 17. The machine must not be capable of being connected to external computer peripherals for the process of vote consolidation; 18. The machine must have an Uninterrupted Power Supply (UPS); 19. The machine must be accompanied with operating manuals that will guide the personnel of the Commission the proper use and maintenance of the machine; 20. It must be so designed and built that add-ons may immediately be incorporated into the System at minimum expense; 21. It must provide the shortest time needed to complete the counting of votes and canvassing of the results of the election; 22. The machine must be able to generate consolidated reports like the election return, statement of votes and certificate of canvass at different levels; and 23. The accuracy of the count must be guaranteed, the margin of error must be disclosed and backed by warranty under such terms and conditions as may be determined by the Commission. In the procurement of this system, the Commission shall adopt an equitable system of deductions or demerits for deviations or deficiencies in meeting all the above stated features and standards. For this purpose, the Commission shall create an Advisory Council to be composed of technical experts from the Department of Science and Technology (DOST), the Information Technology Foundation of the Philippines (ITFP), the University of the Philippines (UP), and two (2) representatives from the private sector recommended by the Philippine Computer Society (PCS). The Council may avail itself of the expertise and services of resource persons of known competence and probity. The Commission in collaboration with the DOST shall establish an independent Technical Ad Hoc Evaluation Committee, herein known as the Committee, composed of a representative each from the Senate, House of Representatives, DOST and COMELEC. 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 Committee shall ensure that the testing procedure shall be unbiased and effective in checking the worthiness of the System. Toward this end, the Committee shall design and implement a reliability test procedure or a system stress test. Sec. 8. Procurement of equipment and materials. The Commission shall procure the automated counting machines, computer equipment, 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, subject to accounting and auditing rules and regulations. Sec. 9. Systems breakdown in the counting center. In the event of a systems breakdown of all assigned machines 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. 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. 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; or when the computer fails to consolidate election results/reports or fails to print election results/reports after consolidation. Sec. 10. Examination and testing of counting machines. The Commission shall, on the date and time it shall set and with proper notices, allow the political parties and candidates or their representatives, citizens' arm or their representatives to examine and test the machines to ascertain that the system is operating properly and accurately. Test ballots and test forms shall be provided by the Commission. After the examination and testing, 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, and accredited citizens' arms. 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, the parties and candidates or their representatives, citizens' arms or their

representatives, may submit a written report to the election officer who shall immediately transmit it to the Commission for appropriate action. Sec. 11. Official ballot. 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, referendum or plebiscite. Under each position, the names of candidates shall be arranged alphabetically by surname and uniformly printed using the same type size. 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. Both sides of the ballots may be used when necessary. For this purpose, 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, That, any elective official, whether national or local, running for any office other than the one which he/she is holding in a permanent capacity, except for president and vice-president, shall be deemed resigned only upon the start of the campaign period corresponding to the position for which he/she is running: Provided, further, That, unlawful acts or omissions applicable to a candidate shall take effect upon the start of the aforesaid campaign period: Provided, finally, That, for purposes of the May 11, 1998 elections, the deadline for filing of the certificate of candidacy for the positions of President, Vice President, 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, 1998 while the deadline for the filing of certificate of candidacy for other positions shall be on March 27, 1998. 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. 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. Accredited political parties and deputized citizens' arms of the Commission may assign watchers in the printing, storage and distribution of official ballots. To prevent the use of fake ballots, 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, and that identification marks, magnetic strips, bar codes and other technical and security markings, are provided on the ballot.

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. Sec. 12. Substitution of candidates. In case of valid substitutions after the official ballots have been printed, the votes cast for the substituted candidates shall be considered votes for the substitutes. Sec. 13. Ballot box. 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. For the purpose of the May 11, 1998 elections, there shall be two (2) ballot boxes for each precinct, one (1) for the national ballots and one (I) for the local ballots. Sec. 14. Procedure in voting. The voter shall be given a ballot by the chairman of the Board of Election Inspectors. The voter shall then proceed to a voting booth to accomplish his/her ballot. If a voter spoils his/her ballot, he/she may be issued another ballot subject to Sec. 11 of this Act. No voter may be allowed to change his/her ballot more than once. After the voter has voted, he/she shall affix his/her thumbmark on the corresponding space in the voting record. 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. The voter shall then personally drop his/her ballot on the ballot box. For the purpose of the May 11, 1998 elections, each voter shall be given one (1) national and one (1) local ballot by the Chairperson. The voter shall, after casting his/her vote, personally drop the ballots in their respective ballot boxes. Sec. 15. Closing of polls. After the close of voting, the board shall enter in the minutes the number of registered voters who actually voted, the number and serial number of unused and spoiled ballots, the serial number of the self-locking metal seal to be used in sealing the ballot box. The board shall then place the minutes inside the ballot box and thereafter close, lock and seal the same with padlocks, self-locking metal seals or any other safety devices that the Commission may authorize. The chairman of the Board of Election Inspectors shall publicly announce that the votes shall be counted at a designated counting center where the

board shall transport the ballot box containing the ballots and other election documents and paraphernalia. For the purpose of the May 11, 1998 elections, the chairman of the Board of Election Inspectors shall publicly announce that the votes for president, vice-president, senators and parties, organizations or coalitions participating in the party-list system shall be counted at a designated counting center. During the transport of the ballot box containing the national ballots and other documents, the fourth member of the board shall be escorted by representatives from the Armed Forces of the Philippines or from the Philippine National Police, citizens' arm, and if available, representatives of political parties and candidates. Sec. 16. Designation of Counting Centers. 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, where the official ballots cast in various precincts of the city/municipality shall be counted. The election officer shall post prominently in his/her office, in the bulletin boards at the city/municipal hall and in three (3) other conspicuous places in the city/municipality, the notice on the designated counting center(s) for at least fifteen (15) days prior to election day. For the purpose of the May 11, 1998 elections, the Commission shall designate a central counting center(s) which shall be a public place within the city or municipality, as in the case of the National Capital Region and in highly urbanized areas. 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 Commission shall post prominently a notice thereof, for at least fifteen (15) days prior to election day, in the office of the election officer, on the bulletin boards at the municipal hall and in three (3) other conspicuous places in the municipality. Sec. 17. Counting procedure. (a) The counting of votes shall be public and conducted in the designated counting center(s). (b) The ballots shall be counted by the machine by precinct in the order of their arrival at the counting center. The election officer or his/her representative shall log the sequence of arrival of the ballot boxes and indicate their condition. Thereafter, the board shall, in the presence of the watchers and representatives of accredited citizens' arm, political parties/candidates, open the ballot box, retrieve the ballots and minutes of voting. It shall verify whether the number of ballots tallies with the data in the minutes. If there are excess ballots, the poll clerk, without looking at the ballots, shall publicly draw out at random ballots equal to

the excess and without looking at the contents thereof, place them in an envelope which shall be marked "excess ballots". The envelope shall be sealed and signed by the members of the board and placed in the compartment for spoiled ballots. (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. For the purpose of the May 11, 1998 elections, the ballots shall be counted by precinct by the special members of the board in the manner provided in paragraph (b) hereof. Sec. 18. Election returns. After the ballots of the precincts have been counted, the election officer or any official authorized by the Commission shall, in the presence of watchers and representatives of the accredited citizens' arm, political parties/ candidates, if any, store the results in a data storage device and print copies of the election returns of each precinct. 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. 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. Thereafter, the copies of the election returns shall be sealed and placed in the proper envelopes for distribution as follows: A. In the election of president, vice-president, senators and party-list system: (1) The first copy shall be delivered to the city or municipal board of canvassers; (2) The second copy, to the Congress, directed to the President of the Senate; (3) The third copy, to the Commission; (4) The fourth copy, to the citizens' arm authorized by the Commission to conduct an unofficial count. In the conduct of the unofficial quick count by any accredited citizens' arm, the

Commission shall promulgate rules and regulations to ensure, among others, that said citizens' arm releases in the order of their arrival one hundred percent (100%) results of a precinct indicating the precinct, municipality or city, province and region: Provided, however, that, the count shall continue until all precincts shall have been reported. (5) The fifth copy, to the dominant majority party as determined by the Commission in accordance with law; (6) The sixth copy, to the dominant minority party as determined by the Commission in accordance with law; and (7) The seventh copy shall be deposited inside the compartment of the ballot box for valid ballots. The citizens' arm shall provide copies of the election returns at the expense of the requesting party. For the purpose of the May 11, 1998 elections, after the national ballots have been counted, the COMELEC authorized representative shall implement the provisions of paragraph A hereof. B. 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; (2) The second copy, to the Commission; (3) The third copy, to the provincial board of canvassers; (4) The fourth copy, to the citizens' arm authorized by the Commission to conduct an unofficial count. In the conduct of the unofficial quick count by any accredited citizens' arm, the Commission shall promulgate rules and regulations to ensure, among others, that said citizens' arm releases in the order of their arrival one hundred percent (100%) results of a precinct indicating the precinct, municipality or city, province and region: Provided, however, That, the count shall continue until all precincts shall have been reported. (5) The fifth copy, to the dominant majority party as determined by the Commission in accordance with law;

(6) The sixth copy, to the dominant minority party as determined by the Commission in accordance with law; and (7) The seventh copy shall be deposited inside the compartment of the ballot box for valid ballots. The citizens' arm shall provide copies of election returns at the expense of the requesting party. After the votes from all precincts have been counted, a consolidated report of votes for each candidate shall be printed. After the printing of the election returns, the ballots shall be returned to the ballot box, which shall be locked, sealed and delivered to the city/municipal treasurer for safekeeping. 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. Sec. 19. Custody and accountability of ballots. 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, accountable forms and other election documents as well as ballot boxes containing the official ballots cast. The ballot boxes shall not be opened for three (3) months unless the Commission orders otherwise. Sec. 20. Substitution of Chairman and Members of the Board of Canvassers. In case of non-availability, absence, disqualification due to relationship, or incapacity for any cause of the chairman, the Commission shall appoint as substitute, a ranking lawyer of the Commission. With respect to the other members of the board, the Commission shall appoint as substitute the following in the order named: the provincial auditor, the register of deeds, the clerk of court nominated by the executive judge of the regional trial court, or any other available appointive provincial official in the case of the provincial board of canvassers; the officials in the city corresponding to those enumerated in the case of the city board of canvassers; and the municipal administrator, the municipal assessor, the clerk of court nominated by the judge of the municipal trial court, in the case of the municipal board of canvassers. Sec. 21. Canvassing by Provincial, City, District and Municipal Boards of Canvassers. The city or municipal board of canvassers shall canvass the votes for the president, vice-president, senators, and parties, 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. Upon completion of the canvass, it shall print the certificate of canvass of votes for president, vice-president,

senators and members of the House of Representatives and elective provincial officials and thereafter, proclaim the elected city or municipal officials, as the case may be. The city board of canvassers of cities comprising one (1) or more legislative districts shall canvass the votes for president, vice-president, senators, 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, the board shall print the canvass of votes for president, vicepresident, and senators and thereafter, proclaim the elected members of the House of Representatives and city officials. In the Metro Manila area, each municipality comprising a legislative district shall have a district board of canvassers which shall canvass the votes for president, vice-president, senators, 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. Upon completion of the canvass, it shall print the certificate of canvass of votes for president, vice-president, and senators and thereafter, proclaim the elected members of the House of Representatives and municipal officials. 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, senators, 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. Upon completion of the canvass, it shall prepare the certificate of canvass of votes for president, vice-president, senators, members of the House of Representatives and thereafter, proclaim the elected municipal officials. The district board of canvassers of each legislative district comprising two (2) municipalities in the Metro Manila area shall canvass the votes for president, vice-president, 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. Upon completion of the canvass, it shall print a certificate of canvass of votes for president, vice-president and senators and thereafter, proclaim the elected members of the House of Representatives in the legislative district. The district/provincial board of canvassers shall canvass the votes for president, vice-president, senators, members of the House of Representatives and elective provincial officials by consolidating the

results contained in the data storage devices submitted by the board of canvassers of the municipalities and component cities. Upon completion of the canvass, it shall print the certificate of canvass of votes for president, vice-president and senators and thereafter, proclaim the elected members of the House of Representatives and the provincial officials. The municipal, city, district and provincial certificates of canvass of votes shall each be supported by a statement of votes. 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. Sec. 22. Number of copies of Certificates of Canvass of Votes and their distribution. (a) The certificate of canvass of votes for president, vicepresident, senators, members of the House of Representatives, parties, 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, vice-president, senators, members of the House of Representatives, parties, organizations or coalitions participating under the party-list system and elective provincial officials; (2) The second copy shall be sent to the Commission; (3) The third copy shall be kept by the chairman of the board; and (4) The fourth copy shall be given to the citizens' arm designated by the Commission to conduct an unofficial count. 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. The board of canvassers shall furnish all registered parties copies of the certificate of canvass at the expense of the requesting party. (b) The certificate of canvass of votes for president, vice-president and senators, parties, organizations or coalitions participating under the party-list system shall be printed by the city boards of

canvassers of cities comprising one or more legislative districts, by provincial boards of canvassers and by district boards of canvassers in the Metro Manila area, and other highly urbanized areas and distributed as follows: (1) The first copy shall be sent to Congress, directed to the President of the Senate for use in the canvas of election results for president and vice-president; (2) The second copy shall be sent to the Commission for use in the canvass of the election results for senators; (3) The third copy shall be kept by the chairman of the board; and (4) The fourth copy shall be given to the citizens' arm designated by the Commission to conduct an unofficial count. 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. The board of canvassers shall furnish all registered parties copies of the certificate of canvass at the expense of the requesting party. (c) The certificates of canvass printed by the provincial, district, city or municipal boards of canvassers shall be signed and thumbmarked by the chairman and members of the board and the principal watchers, if available. Thereafter, it shall be sealed and placed inside an envelope which shall likewise be properly sealed. In all instances, where the Board of Canvassers has the duty to furnish registered political parties with copies of the certificate of canvass, the pertinent election returns shall be attached thereto, where appropriate. Sec. 23. National Board of Canvassers for Senators. The chairman and members of the Commission on Elections sitting en banc, shall compose the national board of canvassers for senators. It shall canvass the results for senators by consolidating the results contained in the data storage devices submitted by the district, provincial and city boards of canvassers of those cities which comprise one or more legislative districts. Thereafter, the national board shall proclaim the winning candidates for senators. Sec. 24. Congress as the National Board of Canvassers for President and Vice-President. The Senate and the House of Representatives in joint

public session shall compose the national board of canvassers for president and vice-president. The returns of every election for president and vice-president duly certified by the board of canvassers of each province or city, shall be transmitted to the Congress, directed to the president of the Senate. Upon receipt of the certificates of canvass, the president of the Senate shall, not later than thirty (30) days after the day of the election, 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, canvass all the results for president and vicepresident by consolidating the results contained in the data storage devices submitted by the district, provincial and city boards of canvassers and thereafter, proclaim the winning candidates for president and vicepresident. Sec. 25. Voters' education. The Commission together with and in support of accredited citizens' arms shall carry out a continuing and systematic campaign through newspapers of general circulation, radio and other media forms, as well as through seminars, symposia, 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, peaceful and orderly elections. Sec. 26. Supervision and control. The System shall be under the exclusive supervision and control of the Commission. For this purpose, there is hereby created an information technology department in the Commission to carry out the full administration and implementation of the System. The Commission shall take immediate steps as may be necessary for the acquisition, installation, administration, storage, and maintenance of equipment and devices, and to promulgate the necessary rules and regulations for the effective implementation of this Act. Sec. 27. Oversight Committee. 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. A report to the Senate and the House of Representatives shall be submitted within ninety (90) days from the date of election. 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. The oversight committee shall be provided with the necessary funds to carry out its duties.

Sec. 28. Designation of other dates for certain pre-election acts. If it shall no longer be reasonably possible to observe the periods and dates prescribed by law for certain pre-election acts, 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. Sec. 29. Election offenses. In addition to those enumerated in Sec.s 261 and 262 of Batas Pambansa Blg. 881, As Amended, the following acts shall be penalized as election offenses, whether or not said acts affect the electoral process or results: (a) Utilizing without authorization, tampering with, destroying or stealing: (1) Official ballots, election returns, and certificates of canvass of votes used in the System; and (2) Electronic devices or their components, peripherals or supplies used in the System such as counting machine, memory pack/diskette, memory pack receiver and computer set; (b) Interfering with, impeding, absconding for purpose of gain, preventing the installation or use of computer counting devices and the processing, storage, generation and transmission of election results, data or information; and (c) Gaining or causing access to using, altering, destroying or disclosing any computer data, program, system software, network, or any computer-related devices, facilities, hardware or equipment, whether classified or declassified. Sec. 30. Applicability. The provisions of Batas Pambansa Blg. 881, As Amended, otherwise known as the "Omnibus Election Code of the Philippines", and other election laws not inconsistent with this Act shall apply. Sec. 31. Rules and Regulations. 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. Sec. 32. Appropriations. The amount necessary to carry out the provisions of this Act shall be charged against the current year's appropriations of the Commission. Thereafter, such sums as may be

necessary for the continuous implementation of this Act shall be included in the annual General Appropriations Act. In case of deficiency in the funding requirements herein provided, such amount as may be necessary shall be augmented from the current contingent fund in the General Appropriations Act. Sec. 33. Separability clause. If, for any reason, any Sec. or provision of this Act or any part thereof, or the application of such Sec., provision or portion is declared invalid or unconstitutional, the remainder thereof shall not be affected by such declaration. Sec. 34. Repealing clause. All laws, presidential decrees, executive orders, rules and regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly. Sec. 35. Effectivity. This Act shall take effect fifteen (15) days after its publication in a newspaper of general circulation COMELEC RESOLUTION NO. 3848
GENERAL INSTRUCTIONS FOR MUNICIPAL/CITY/PROVINCIAL AND DISTRICT BOARDS OF CANVASSERS IN CONNECTION WITH THE MAY 14, 2001 NATIONAL AND LOCAL ELECTIONS.

The Commission on Elections pursuant to the powers vested in it by the Constitution, the Omnibus Election Code, and other pertinent election laws, has resolved to promulgate, as it hereby promulgates, the following instructions for the Municipal, City, District and Provincial Boards of Canvassers in connection with the May 14, 2001 national and local elections. Section 1. Board of Canvassers. - There shall be a Board of Canvassers (hereinafter referred to as Board) in each municipality, city, province and legislative district in Metro Manila. For newly created political subdivisions, 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. 2. Supervision and control. - The Comelec shall exercise direct supervision and control over all Boards and may motu proprio

relieve at any time any member thereof for a cause and designate the substitute. I. COMPOSITION OF THE BOARDS OF CANVASSERS Sec. 3. Municipal Board of Canvassers. - The Municipal Board of Canvassers shall be composed of the Election Officer or a representative of the Comelec, as Chairman; the Municipal Treasurer, as Vice-Chairman; and the District School Supervisor, or in his absence, the most senior Principal of the school district, as Member. Sec. 4. City Board of Canvassers. - The City Board of Canvassers shall be composed of the city Election Officer or a lawyer of the Comelec, as Chairman; the City Prosecutor, as Vice-Chairman; and the Division Superintendent of Schools, as Member. In cities with more than one Election Officer, the Comelec shall designate the Election Officer to act as Chairman. Sec. 5. Provincial Board of Canvassers. - The Provincial Board of Canvassers shall be composed of the Provincial Election Supervisor or a lawyer of the Comelec, as Chairman; the Provincial Prosecutor, as Vice-Chairman; and the Division Superintendent of Schools, as Member. Sec. 6. District Board of Canvassers for the Legislative Districts of Metro Manila. - The District Board of Canvassers for the legislative districts of Metro Manila shall be composed of a lawyer of the Comelec, as Chairman; a ranking Prosecutor in the district to be appointed by the Comelec in consultation with the Secretary of the Department of Justice, as Vice-Chairman; 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, Culture and Sports, as Member. Sec. 7. Substitution of chairman and members of the Board. - In case of non-availability, absence, disqualification due to relationship, or incapacity for any cause of a Chairman who is required to be a lawyer, a ranking lawyer of the Comelec shall be appointed as substitute. With respect to the other members of the Board, the Comelec shall appoint as substitute the following in the order named:
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A. In the case of the Provincial Board of Canvassers: The provincial auditor, the register of deeds, the clerk of court nominated by the executive judge of the Regional Trial Court, and any other available appointive provincial official.
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B.

In

the

case

of in

the the

City city

Board

of

Canvassers: to

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The officials enumerated C.

corresponding

those above.
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In the case of the Municipal Board of Canvassers:

The Municipal Administrator, the Municipal Assessor, the Clerk of Court of the Municipal Trial Court, or any other available appointive municipal officials. As substitute of the two members of the District Board of Canvassers of the legislative districts in Metro Manila, the Comelec shall, in consultation with the Secretaries of the Departments mentioned in Sec. 6 hereof, appoint the next ranking prosecutor or district supervisor, as the case may be, in the district. The authority to appoint substitute members of the Boards shall be vested in the following:
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a. Regional Election Director for the Provincial Board of Canvassers in his region; b. Provincial Election Supervisor for the City Board of Canvassers and Municipal Board of Canvassers in his province; and c. Regional Election Director of the National Capital Region for the District Board of Canvassers/Municipal Board of Canvassers/City Board of Canvassers. Sec. 8. Secretary of the Board. - The representative of the Department of Education, Culture and Sports shall act as Secretary of the Board, unless otherwise ordered by the Comelec. He shall prepare the minutes of the Board by recording therein the proceedings and such other incidents or matters relevant to the canvass. II. COMMON PROVISIONS

Sec. 9. Notice of meetings of the Board. - Not later than May 9, 2001, the Chairman of the Board shall give written notice to all members thereof and to each candidate, political party or coalition of political parties fielding candidates (hereinafter referred to as political party), and party, organization/coalition participating under the party-list system (hereinafter referred to as party-list groups) of the date, time and place of the canvassing, which shall be held, unless otherwise ordered by the Comelec, in the session hall of the Sangguniang Panlalawigan/Panlungsod/Bayan. Notices of the canvassing shall be posted in the offices of the Election Officer/Provincial Election Supervisor, as the case may be, and in conspicuous places in the building where the canvass will be held. Similar notices shall also be given for subsequent meetings unless notice has been given in open session. Proof of service of notice to each member, candidate, political party fielding candidates and party-list groups shall be attached to and form part of the records of the proceedings. If notice is given in open session, such fact shall be recorded in the minute of the proceedings. Failure to give notice of the date, time and place of the meeting of the Board is an election offense under Sec. 261 (aa) (1) of the Omnibus Election Code. Sec. 10. Convening of the Board. - The Board shall meet at 6:00 oclock in the evening of election day at the designated place to receive the Election Returns or the Certificate of Canvass, as the case may be, and to immediately canvass those that have already been received. It shall meet continuously from day to day until the canvass is completed, and may adjourn only for the purpose of awaiting the other Election Returns/Certificate of Canvass. The proceedings of the Board shall be open and public. Sec. 11. Absence of a regular Board member. - In case a regular member of the Board is absent, the members present shall first verify whether notice has been served on the absent member. In case no such notice was sent, one shall be immediately served on the absent member. If the latter cannot be located or his whereabouts are unknown, he shall be substituted. These facts shall be recorded in the minutes of the Board. As soon as the absent

member appears, the substitute member shall relinquish his seat in favor of the regular member. Sec. 12. Prohibited degree of relationship. - 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. Sec. 13. Prohibition against leaving official station. - During the period beginning election day until the proclamation of the winning candidates, no member or substitute member of the Boards shall be transferred, assigned or detailed outside of his official station nor shall he leave said station without prior authority of the Comelec. Such authority may be granted by the Provincial Election Supervisor in case of City/Municipal Board of Canvassers; and the Regional Election Director in case of Provincial/District Board of Canvassers. In either case, a written report shall be submitted to the Law Department. Sec. 14. Feigned illness. - 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. Sec. 15. Incapacity of a regular Board member. - In case of sickness or serious injury of a regular member of the Board, a medical certificate shall be required attesting to the incapacity of said member. Upon submission of the medical certificate, a substitute shall be appointed. Said medical certificate shall be recorded in and form part of the minutes of the Board. Sec. 17. Powers of the Board. - 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. 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, the Board may order in writing a peace officer/soldier to take such person into custody until adjournment of the meeting. In the absence of any peace officer, any other competent and able person deputized by the Board in writing, may execute such order. Sec. 18. Right to be present and to counsel during the canvass. Every registered political party and party-list group, through their representatives, and every candidate has the right to be present and to counsel during the canvass of the Election Returns or Certificate

of Canvass: Provided, That only one counsel may argue for each party or candidate. They shall have the right to examine the Election Returns or Certificate of Canvass being canvassed without touching them, make observations thereon, and file their challenges in accordance with the rules and regulations of the Comelec. The Board shall not allow any dilatory action. Sec. 19. Watchers. - Each registered political party fielding candidates, party-list group and candidate shall be entitled to one watcher in every canvassing center. Candidates for the Sangguniang Panlalawigan, Sangguniang Panlungsod, or Sangguniang Bayan belonging to the same slate or ticket shall collectively be entitled to only one watcher. The citizens arm of the Comelec, and civic, religious, professional, business, service, youth and other similar organizations shall collectively, with prior authority of the Comelec, be entitled to two (2) watchers to serve alternately. 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. Under no circumstance shall barangay officials including barangay tanods be appointed as watchers. The watchers shall have the right to:
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a. Be present at, and take note of, all the proceedings of the Board; b. Stay behind the Chairman of the Board near enough to be able to read the Election Returns/Certificate of Canvass without touching said documents; and c. File a protest against any irregularity noted in the Election Returns/Certificate of Canvass and obtain from the Board a resolution thereon in writing. Watchers shall not be allowed to participate in the deliberation of the Board. Sec. 20. Persons not allowed inside the canvassing room. - During the canvass, it shall be unlawful for the following to enter the room

where the canvass is being held or to stay within a radius of fifty (50) meters from such room:
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a. Any officer or member of the Armed Forces of the Philippines; b. Any officer or member of the Philippine National Police;

c. Any peace officer or any armed or unarmed persons belonging to an extra-legal police agency, special forces, strike forces, or civilian armed forces geographical units; d. Any barangay tanod or any member of barangay selfdefense units; e. Any member of the security or police organizations of government agencies, commissions, councils, bureaus, offices, instrumentalities, or government-owned or controlled corporations or their subsidiaries; or f. Any member of a privately owned or operated security, investigative, protective or intelligence agency performing identical or similar functions. However, the Board may, 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, or for the maintenance of peace and order, in which case said policemen or peace officers, who shall be in proper uniform, shall stay outside the room but near enough to be easily called by the Board at any time. Sec. 21. Safekeeping of transmitted Election Returns or Certificate of 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. The members of the Board shall each keep a key to the three padlocks. The serial number of every metal seal used shall be entered in the minutes. The said ballot boxes shall be kept in a safe and secured room before, during and after the canvass. The room shall be locked with three padlocks with the keys thereof kept by each member of the Board. The watchers shall have the right to guard the room.

Sec. 22. Canvassing committees. - 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. Each Canvassing Committee shall be composed of three members, consisting of one (1) representative of each member of the Board. 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. The Canvassing Committees shall be under the direct supervision and control by the Board. The names of the members of each canvassing Committee, the Board members they represent and the Election Returns assigned to them for tabulation shall be properly recorded in the minutes of the proceedings. In no case shall casual employees or employees of the Offices of the Provincial Governor, City/Municipal Mayor, Punong Barangay, or the corresponding Sanggunians be appointed/designated to serve as a member of the Canvassing Committees. Sec. 23. Reception and Custody Group. - 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. For this purpose, the Election Officer shall provide the Reception and Custody Group with the Project of Precincts of the city/municipality. 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, or which are yet to be submitted by the Boards of Election Inspectors, to the end that the Election Returns from one precinct is canvassed only once. The Reception and Custody Group shall maintain a record showing the:
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1. 2. 3.

Time

and

date

of

receipt;

Corresponding precinct number of the Election Returns; Serial number of the envelope and paper seal; and

4. Condition of the envelope and paper seal. The Reception and Custody Group shall submit to the Election Officer a list of the precincts, the Election Returns of which have not yet

been submitted to enable the latter to obtain the Election Returns in accordance with Sec. 27 hereof. In no case shall casual employees or employees of the Offices of the Provincial Governor, City/Municipal Mayor, Punong Barangay, or the corresponding Sanggunians be appointed/designated to serve as a member of the Reception and Custody Group. Sec. 24. Tabulation group. - The Board shall constitute a Tabulation Group, which shall be under the direct supervision and control of the Board. 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. The Tabulation Group shall compute the sub-total of the Statement of Votes prepared by the Board and/or the Canvassing Committee, if any. 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. In no case shall casual employees or employees of the Offices of the Provincial Governor, City/Municipal Mayor, Punong Barangay, or their corresponding Sanggunians be appointed/designated to serve as member of the Tabulation Group. Sec. 25. Canvassing procedure. - The Board shall comply with the following rules:
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a. The Board shall, through its Reception and Custody Group, receive the Election Returns/Certificate of Canvass and maintain a log of all Election Returns/Certificate of Canvass received and canvassed. b. The Reception and Custody Group shall, after recording all the data required under Sec. 23 hereof, place all envelopes containing Election Returns/Certificate of Canvass received by it inside an empty ballot box. When the ballot box is already full or when there is no more Election Returns/Certificate of Canvass to be received, the Reception and Custody Group shall close the ballot box and lock the same with padlock and metal seal. The Reception and Custody Group shall submit the locked ballot box to the Board,

for assignment to the Canvassing Committee, if any, together with the list of precinct numbers or city/municipality of the Election Returns/Certificate of Canvass contained therein. For this purpose, the Reception and Custody Group shall maintain a record of the Election Returns/Certificate of Canvass submitted to the Board. c. Upon receipt of the ballot box containing the Election Returns/Certificate of Canvass, the Board shall examine the condition of the ballot box and the metal seal. The secretary shall record in its Minutes the condition and serial numbers of the ballot box and the metal seal. 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. e. The secretary shall record in its Minutes the quantity of envelopes received and their condition and serial numbers; the condition and serial numbers of the paper seal, and their corresponding precinct numbers, in case of Election Returns, or the city or municipality, in case of Certificate of Canvass. f. The Board shall assign to the Canvassing Committee, if any, the Election Returns/Certificate of Canvass. It shall likewise provide the Canvassing Committee with a blank Statement of Votes By Precinct (CEF No. 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. g. Before opening each envelope, the Board or Canvassing Committee shall exhibit the same to the counsel and watchers present. h. After the envelope is opened, the Board or Canvassing Committee shall retrieve the Election Returns/Certificate of Canvass and exhibit the same to the counsel and watchers present. i. 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

seal. j. The Board or Canvassing Committee shall break open the inner seal, unfold the Election Returns/Certificate of Canvass and exhibit the same to the counsel and watchers present. k. The secretary shall record in the Minutes the condition and serial number of the Election Returns/Certificate of Canvass. l. If there is no objection to the inclusion in the canvass of the Election Returns/Certificate of Canvass, the Board, or the Canvassing Committee, shall proceed to canvass the Election Returns/Certificate of Canvass by entering in the Statement of Votes, the votes obtained by each candidate as they are read. For purposes of preparing the Statement of Votes, 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. For purposes of preparing the Statement of Votes, the following terms are used:

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1. Sub-total sum of all votes obtained by each candidate when all the columns of a set of Statement of Votes are filled. The sub-total shall be recorded in the last column indicated in the Statement of Votes. 2. Page partial total sum of votes obtained by each candidate appearing in one page of the Statement of Votes, when some columns are not filled at the time of adjournment/suspension of canvass. This shall be recorded on the box immediately after the last entry of votes at the time of adjournment/suspension of canvass. When all Election Returns/Certificate of Canvass have been canvassed, and the columns of the page of the Statement of Votes are not filled, the page partial total shall be considered as the sub-total. 3. Provisional total accumulated total of all votes obtained by each candidate as of the time of adjournment/suspension of canvass, for the purpose of releasing results to mass media and other interested

parties. This shall not appear in the Statement of Votes. 4. Summary of Votes listing of all sub-totals reflected in each set of Statement of Votes. 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. 5. Grant total sum of all sub-totals of votes obtained by each candidate as listed in the summary of votes. m. Immediately after the Election Returns/Certificate of Canvass has been canvassed, 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. Thereafter, the canvassed Election Returns/Certificate of Canvass shall be returned to its envelope. n. After all the columns of the Statement of Votes are filled, or there is no more Election Returns/Certificate of Canvass to be canvassed:
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1. The Vice-Chairman and Secretary of the Board or Canvassing Committee shall compare the entries contained in their respective copies. If there are discrepancies in the entries, they shall refer to the corresponding Election Returns/Certificate of Canvass and make the necessary correction/s on the Statement of Votes. 2. The Board shall affix their signatures above their printed names on the Statement of Votes. Thereafter, the Board shall forward to the Tabulation Group the Statement of Votes, together with the canvassed Election Returns/Certificate of Canvass. 3. In the case of Canvassing Committees:
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i. 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. ii. After the members of the Canvassing Committee

have affixed their signatures above their printed names, they shall submit to the Board the Statement of Votes they prepared, together with the canvassed Election Returns/Certificate of Canvass. iii. The Board, upon receipt of the Statement of Votes prepared by the Canvassing Committee, shall forward the same to the Tabulation Group, together with the Election Returns/Certificate of Canvass. o. Upon receipt of the Statement of Votes and Election Returns/Certificate of Canvass, the Tabulation Group shall:

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1. Using an adding machine with tape, add all the entries in each column of the Statement of Votes prepared by the Board or Canvassing Committee, as the case may be; 2. Verify the accuracy of the entries in the adding machine tape as against the entries in the Statement of Votes. If the entries are the same, enter the sub-total in the space provided. If the entries are not the same, make the necessary corrections, re-compute as provided in Item 1 above, and enter the correct sub-total in the space provided; 3. Authenticate the adding machine tape by affixing their signatures above their printed names at the back thereof, and attach the same to the Statement of Votes; 4. Affix their signatures above their printed names, and imprint their thumbmarks on the certification portion of the Statement of Votes; and 5. Forward to the Board the signed Statement of Votes together with the canvassed Election Returns/Certificate of Canvass. p. Upon receipt from the Tabulation Group of the Statement of Votes and Election Returns/Certificate of Canvass, the Board shall:
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1. Inform the watchers present that the Board will commence the preparation of the summary of votes obtained by each candidate;

2. Using another set of Statement of Votes, prepare the summary of the votes by entering therein:

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i. The serial number of the Statement of Votes containing the sub-total; and ii. All the sub-totals for each candidate contained in the Statement of Votes prepared by the Canvassing Committee and tabulated by the Tabulation Group; 3. After all the columns have been filled or there is no more Statement of Votes to be received, 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; 4. Place, in the presence of the watchers, if any, the Statement of Votes prepared by the Canvassing Committee inside a ballot box; 5. Place, in the presence of watchers, if any, the canvassed Election Returns/Certificate of Canvass inside a separate ballot box. When the ballot box is already full or if there is no more Election Returns/Certificate of Canvass to be placed inside, it shall be closed and locked with three padlocks and metal seal. The keys corresponding to the padlocks shall each be kept by the members of the Board. The locked ballot box shall be kept and preserved in a secured room under the custody of the Chairman of the Board; and 6. 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. After the summary of votes has been completed, the Board shall forward the same to the Tabulation Group. r. Upon receipt of the summary of votes, the Tabulation Group shall:
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1. Compute the grand total by adding all the sub-totals; 2. Record the grand total of votes obtained by each candidate; 3. Accomplish the certification portion by affixing their signatures above their printed names and imprinting their thumbmarks thereon; and 4. Forward the summary of votes to the Board.
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s. Upon receipt of the summary of votes, the Board shall:

1. Verify the accuracy of the computation made by the Tabulation Group; 2. If the computation is accurate, affix their signatures above their printed names, imprint their thumbmarks on the certification portion of the Statement of Votes received from the Tabulation Group. If the computation is not accurate, return the Statement of Votes to the Tabulation Group for re-computation; 3. Prepare a certificate of canvass, and thereafter affix their signatures and thumbmark on the certification portion thereof; 4. Require the watchers, if any, to affix their signatures and thumbmarks on the Certificate of Canvass; and 5. Distribute the Certificate of Canvass, together with the corresponding Statement of Votes retrieved from the ballot box mentioned in Item (p) (5) above, as well as the summary of votes, in the manner prescribed hereunder. If there is an objection to the inclusion of the Election Returns/Certificate of Canvass in the canvass, the Board shall determine whether the grounds for the objection is among those enumerated under Secs. 234, 235, 236 and 243 of the Omnibus Election Code. In the case of a Canvassing Committee, the objection, including the Election Returns/Certificate of Canvass, shall be forwarded to the Board for ruling. t. If the ground for objection is not among those enumerated under Secs. 234, 235, 236 and 243 of the Omnibus Election

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:
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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.
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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:
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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.
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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.

Sec. 31. Canvass to be completed at earliest possible time. - Subject to reasonable exceptions, the Board must complete its canvass within thirty-six (36) hours in municipalities, forty-eight (48) hours in cities, and seventy-two (72) hours in provinces/districts in Metro Manila/cities comprising one or more legislative districts. Sec. 32. Submission of the minutes of the proceedings of the Board. - Within forty-eight (48) hours from the termination of canvass, 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, indicating therein the registry receipt number. III. PRE-PROCLAMATION CASES Sec. 33. Pre-proclamation cases not allowed in the election for Senator, Member of the House of Representatives and Party-List. For purposes of the elections for Senator, Member of the House of Representatives and Party-List, no pre-proclamation case shall be allowed on matters relating to the preparation, transmission, receipt, custody and appreciation of the Election Returns/Certificate of Canvass, as the case may be. However, 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. Any objection on the Election Returns/Certificate of Canvass shall be specifically noted in the minutes of the Board. Sec. 34. Manifest error. - (a) Where it is clearly shown before proclamation that manifest errors were committed in the tabulation or tallying of election returns, or certificates of canvass, during the canvassing, the Board may motu proprio, or upon verified petition by any candidate, political party, organization or coalition of political parties, after due notice and hearing, correct the errors committed. There is manifest error in the tabulation or tallying of the results during the canvassing where:
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1. A copy of the Election Returns/Certificate of Canvass was tabulated more than one;

2. Two or more copies of the Election Returns of one precinct, or two or more copies of Certificate of Canvass of one city or municipality were tabulated; 3. There was a mistake in the copying of the figures from the Election Return/Certificate of Canvass into Statement of Votes; 4. Election Returns from non-existent precincts were included in the canvass; 5. Election Returns from precincts of one district were included in the canvass for another district; or 6. There was a mistake in the addition of the votes of any candidate. (b) In order to correct manifest errors, the following procedures shall be complied with: 1. The order for correction must be in writing and promulgated.
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2. Any candidate, political party, 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. 3. Once an appeal is made, the Board shall not proclaim the winning candidates, unless the votes are not affected by the appeal. 4. The appeal must implead as respondents the board of canvassers concerned and all parties that may be adversely affected. 5. Upon receipt of the appeal, the Clerk of Court concerned shall forthwith issue summons together with the copy of the appeal to the respondent. 6. The Clerk of Court concerned shall immediately set the appeal for hearing. 7. The appeal shall be heard and immediately decided by the Commission en banc.

Sec. 35. Pre-proclamation cases involving provincial, city and municipal offices. - Pre-proclamation cases involving provincial, city and municipal offices are allowed. Sec. 36. Issues that may be raised in pre-proclamation controversy. - The following shall be proper issues that may be raised in a preproclamation controversy:
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1.

Illegal

composition

or

proceedings

of

the

Board;

2. The canvassed Election Returns/Certificates of Canvass are incomplete, contain material defects, appear to be tampered with or falsified, or contain discrepancies in the same Election Returns/Certificates of Canvass or in other authentic copies thereof as mentioned in Sections 233, 234, 235, 236 and 243 of the Omnibus Election Code; 3. The Election Returns/Certificates of Canvass were prepared under duress, threats, coercion or intimidation, or they are obviously manufactured or not authentic; and 4. When substitute or fraudulent Election Returns/Certificates of Canvass were canvassed, the results of which materially affected the standing of the aggrieved candidate or candidates. Sec. 37. Pre-proclamation controversies: How commenced. Questions affecting the composition or proceedings of the Boards may be initiated in the Board or directly with the Comelec. However, matters raised under Sections 233, 234, 235, 236 and 243 of the Omnibus Election Code in relation to the preparation, transmission, receipt, custody and appreciation of the Election Returns/Certificate of Canvass shall be brought in the first instance before the Board only. Sec. 38. Procedure in the disposition of contested Election Returns and Certificate of Canvass. - The following procedure is mandatory and shall be strictly observed by the Boards:
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1. Any candidate, 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. 234, 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

canvass. Such objection shall be recorded in the minutes of the canvass. 2. Simultaneous with the oral objection, the objecting party shall submit his objections in the form prescribed by the Comelec. Within twenty-four (24) hours from the presentation of such an objection, the objecting party shall submit the evidence in support thereof, which shall be attached to the written objections. Within the same period, any party may file a written and verified opposition to the objection in the form prescribed by the Comelec attaching thereto supporting evidence, if any. The Board shall not entertain any objection or opposition unless reduced to writing in the prescribed form. 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. 3. Upon receipt of the written objection, 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, however, proceed to canvass, or assign to the Canvassing Committee for canvass, the votes for Senators, Members of the House of Representatives and Party-List in accordance with Sec. 25 hereof. With respect to the provincial/city/municipal offices, the votes shall be tallied temporarily in a separate Statement of Votes properly labeled as "Temporary Tally," which shall be signed by the Board and watchers present. 4. Upon receipt of the evidence, the Board shall take up the contested Election Returns/Certificate of Canvass, consider the written objections and oppositions thereto, if any, and summarily and immediately rule thereon. The Board shall enter its ruling on the prescribed form and authenticate the same by their signatures. 5. Any party adversely affected by the ruling shall immediately inform the Board if he intends to appeal. The Board shall enter said information in the minutes of the canvass, set aside the

Election Returns/Certificate of Canvass and proceed to consider the other uncanvassed Election Returns/Certificate of Canvass. 6. After all the uncontested Election Returns/Certificate of Canvass has been canvassed and the contested Election Returns/Certificate of Canvass ruled upon, the Board shall suspend the canvass. Within forty-eight (48) hours therefrom, any party adversely affected by the ruling may file with the Board a written and verified notice of appeal; and within a nonextendible period of five (5) days thereafter, an appeal may be taken to the Comelec. 7. Immediately upon receipt of the notice of appeal, the Board shall make an appropriate report to the Comelec, elevating therewith the complete records and evidence submitted in the canvass, and furnishing the parties with copies of the report. 8. On the basis of the records and evidence elevated to it by the Board, the Comelec shall decide summarily the appeal within seven (7) days from the receipt of said records and evidence. Any appeal brought before the Comelec on the ruling of the Board, without the accomplished forms and the evidence thereto, shall be summarily dismissed. The decision of the Comelec shall be executory after the lapse of seven (7) days from receipt thereof by the losing party. 9. 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. Any proclamation made in violation hereof shall be void ab initio, unless, the contested returns/Certificate will not adversely affect the results of the election. 10. The Board shall at all times indicate the date and time of receipt of any:

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a. Written objection. b. Opposition. c. Evidence. d. Notice of Appeal. Sec. 39. Partial proclamation. - Notwithstanding the pendency of any pre-proclamation controversy, the Comelec may summarily order the

proclamation of other winning candidates whose election will not be affected by the outcome of the controversy. Sec. 40. Contested proceedings; period to appeal. - 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. IV. THE CITY/MUNICIPAL BOARD OF CANVASSERS Sec. 41. Duties and functions of the City/Municipal Board of Canvassers. - The Municipal Board of Canvassers or City Board of Canvassers of component cities shall: 1. Canvass the Election Returns for Senators, Members of the House of Representatives, Party-List and for elective provincial and city or municipal officials;
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2.

Upon

completion

of

the

canvass:

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a. Prepare in seven (7) copies, the Certificate of Canvass of Votes for Senators, Members of the House of Representatives, Party List and Elective Provincial Officials (CEF No. 20); 2. Prepare the Certificate of Canvass and Proclamation of Winning Candidates for City or Municipal Offices (CEF No. 24 or 25); and 3. Proclaim said winning candidates. Sec. 42. Distribution of Certificate of Canvass. - The Certificate of Canvass for Senators, Members of the House of Representatives, Party-List and Elective Provincial Officials (CEF No. 20) shall be distributed as follows: 1. The first copy to the Provincial Board of Canvassers for use in the canvass for Senators, Members of the House of Representatives, Party-List and other elective provincial officials;
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2.

The

second

copy

to

the

Comelec;

3. The third copy to be kept by the Chairman of the Board;

4. The fourth copy to the citizens arm designated by the Comelec to conduct a media-based unofficial count; and 5. The fifth, 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. 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, signed and thumbmarked by the members of the Board and the watchers of the six accredited major political parties, if available. Thereafter, they shall each be sealed and placed inside their corresponding envelopes, which shall likewise be sealed. Sec. 43. Certificate of canvass and proclamation. - (a) The Certificate of Canvass and Proclamation of Winning Candidates for City Offices (CEF No. 24) shall be prepared in sufficient copies and distributed as follows:
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1. 2. 3. 4. 5. 6. 7.

Secretary Chairman,

of

the city

sangguniang board of

panlungsod; canvassers; Comelec;

City Regional Provincial Each of the winning election election candidates

treasurer; director; supervisor; proclaimed; and

8. One copy for posting on the bulletin board of the city hall. The first six copies shall be individually folded, 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, which shall thereafter be sealed. A copy of the Statement of Votes by precinct shall be attached to the copies for the:
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1. 2.

Secretary Chairman,

of city

the board

sangguniang of

panlungsod; and

canvassers;

3. Comelec. (b) The Certificate of Canvass and Proclamation for Municipal Offices (CEF No. 25) shall be prepared in sufficient copies and distributed as follows: 1. Secretary of the sangguniang bayan;
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2. 3. 4. 5. 6. 7. 8.

Chairman,

Municipal

Board

of

Canvassers; Comelec;

Secretary

of

the

sangguniang Election Election

panlalawigan; Supervisor; Director; Treasurer; proclaimed; and

Provincial Regional Municipal Each of the winning

candidates

9. One copy for posting on the bulletin board of the municipal hall. The first seven copies shall be individually folded, 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, which shall thereafter be sealed. A copy of the Statement of Votes by precinct shall be attached to the copies for the:
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1. 2.

Secretary Chairman,

of Municipal

the Board

sangguniang of Canvassers;

bayan; and

3. Comelec. V. PROVINCIAL BOARD OF CANVASSERS

Sec. 44. Duties and functions of the provincial board of canvassers. The Provincial Board of Canvassers shall: a. Canvass the Certificate of Canvass for Senators, Members of the House of Representatives, Party-List and Elective Provincial Officials (CEF No. 20) submitted by the Municipal Board of Canvassers and City Boards of Canvassers of component cities;
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b.

Upon

completion

of

the

canvass:

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1. Prepare in six (6) copies, a Certificate of Canvass for Senators and Party-List (CEF No. 21); 2. Prepare the Certificate of Canvass and Proclamation of Winning Candidates for Member of the House of Representatives and Provincial Offices (CEF No. 22 & 23); and 3. Proclaim the winning candidates for Members of the House of Representatives and provincial offices. Sec. 45. Distribution of Certificate of Canvass. - The Certificate of Canvass for Senators and Party-List (CEF No. 21) shall be distributed as follows: 1. 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;
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2. The second copy to be kept by the Chairman of the Provincial Board of Canvassers; 3. The third copy to the citizens arm designated by the Comelec to conduct a media-based unofficial count; and 4. The fourth, 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. All copies of the Certificate of Canvass (CEF No. 21) shall be supported by a Statement of Votes by city/municipality. However, the Certificate of Canvass (Copy for the National Board of Canvassers) shall, in addition to the Statement of Votes by city/municipality, 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.

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, if available. Thereafter, they shall each be sealed and placed inside their corresponding envelopes, which shall likewise be sealed. Sec. 46. Certificate of Canvass of Votes and Proclamation of Winning Candidates for Members of the House of Representatives and for provincial offices. - The Certificate of Canvass and Proclamation of Winning Candidates for Member of the House of Representatives (CEF No. 22) shall be prepared for each legislative district in four (4) copies and distributed as follows:
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1.

The

first

copy

to

the

Comelec

in

Manila;

2. The second copy to be kept by the Chairman of the Provincial Board of Canvassers; 3. The third copy to the candidate proclaimed; and

4. The fourth copy for posting on the bulletin board of the provincial capitol. 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 Certificate of Canvass and Proclamation of the Winning Candidates for Provincial Offices (CEF No. 23) shall be prepared in sufficient copies to be distributed as follows:
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1. 2. 3. 4. 5. 6.

Secretary Chairman of

of the

the

sangguniang Boards of

panlalawigan; Canvassers; Comelec;

Provincial

Provincial Regional Each of the winning election candidates

treasurer; director; proclaimed; and

7. One copy for posting on the bulletin board of the provincial capitol.

The first five copies shall be individually folded and shall be placed in their corresponding envelopes. A copy of the Statement of Votes by city/municipality shall be attached to the copies for the:
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1. 2.

Secretary Chairman,

of

the

sangguniang Board of

panlalawigan; and

Provincial

Canvassers;

VI. CITY BOARD OF CANVASSERS OF CITIES COMPRISING ONE OR MORE LEGISLATIVE DISTRICTS Sec. 47. Duties and functions of the City Board of Canvassers for cities comprising one or more legislative districts. - The City Board of Canvassers of cities comprising one or more legislative districts shall: a. Canvass the Election Returns for Senators, Member of the House of Representatives Party-List and elective city officials; and
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3. Comelec.

b.

Upon

completion

of

the

canvass:

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1. Prepare in six (6) copies the Certificate of Canvass for Senators and Party-List (CEF No. 21); 2. Prepare the Certificate of Canvass and Proclamation of winning candidates for Member of the House of Representatives and city officials (CEF 22 & 24); and 3. Proclaim the winning candidates for Member of the House of Representatives and city officials. In the case of cities with two or more legislative districts, 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. Sec. 48. Distribution of the Certificate of Canvass. - The City Board of Canvassers shall distribute the Certificate of Canvass for Senators and Party-List (CEF No. 21) as follows:
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1. 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; 2. The second copy to be kept by the Chairman of the Board; 3. The third copy to the citizens arm designated by the Comelec to conduct a media-based unofficial count; and 4. The fourth, 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 Certificate of Canvass prepared by the City Board of Canvassers shall each be supported by a copy of the Statement of Votes by precinct, signed and thumbmarked by the Chairman and members of the Board, and the watchers of the six accredited major political parties, if available. Thereafter, they shall each be sealed and placed inside their corresponding envelopes, which shall likewise be sealed. Sec. 49. Certificate of Canvass of Votes and Proclamation. - (a) The Certificate of Canvass and Proclamation of Winning Candidates for Member of the House of Representatives (CEF No. 22) shall be prepared for each legislative district in four (4) copies and distributed as follows:
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1.

The

first

copy

to

the

Comelec

in

Manila;

2. The second copy to be kept by the Chairman of the Board; 3. The third copy to the candidates proclaimed; and

4. The fourth copy for posting on the bulletin board of the city hall. The first and second copies shall be individually folded and placed in the corresponding envelope, together with a copy of the Statement of Votes by precinct. (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:
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1.

Secretary

of

the

sangguniang

panlungsod;

2. 3. 4. 5. 6.

Chairman,

City

Board

of

Canvassers; Comelec;

City Regional Each of the winning election candidates

treasurer; director; proclaimed; and

7. One copy for posting on the bulletin board of the city hall. The first five copies shall be separately folded and placed in their corresponding envelopes. A copy of the Statement of Votes by precinct shall be attached to the copies for the:
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1. 2.

Secretary Chairman,

of City

the Board

sangguniang of

panlungsod; and

Canvassers;

3. Comelec. VII. THE DISTRICT BOARD OF CANVASSERS IN METRO MANILA Sec. 50. Duties and functions of the District Board of Canvassers in San Juan, Metro Manila, comprising one legislative district. - The District Board of Canvassers of the Municipality of San Juan, Metro Manila, shall: a. Canvass the Election Returns for Senators, Member of the House of Representatives, Party-List and elective municipal officials;
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b.

Upon

completion

of

the

canvass:

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1. Prepare in six (6) copies the Certificate of Canvass for Senators and Party-List (CEF No. 21); 2. Prepare the Certificate of Canvass and Proclamation of winning candidates for Member of the House of Representatives and municipal offices; and 3. Proclaim the winning candidates for Member of the House of Representatives and municipal offices.

Sec. 51. Distribution of the Certificate of Canvass. - The District Board of Canvassers shall distribute the Certificate of Canvass for Senators and Party-List (CEF No. 21) as follows: 1. 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;
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2. The second copy to be kept by the Chairman of the District Board of Canvassers; 3. The third copy to the citizens arm designated by the Comelec to conduct a media-based unofficial count; and 4. The fourth, 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 Certificate of Canvass shall be supported by a Statement of Votes by precinct, signed and thumbmarked by the Chairman and members of the Board, and the watchers of the six accredited major political parties, if available. Thereafter, they shall each be sealed and placed inside their corresponding envelopes, which shall likewise be sealed. Sec. 52. Certificate of Canvass and Proclamation. - (a) The Certificate of Canvass and Proclamation of the Winning Candidates for Member of the House of Representatives (CEF No. 22) shall be prepared in four (4) copies and distributed as follows:
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1.

The

first

copy

to

the

Comelec

in

Manila;

2. The second copy to be kept by the Chairman of the Board; 3. The third copy to the proclaimed candidate; and

4. The fourth copy for posting in the bulletin board of the municipal hall. The first and the second copies shall be individually folded and placed in envelope, together with a copy of the Statement of Votes by precinct. (b) The Certificate of Canvass and the Proclamation of the Winning Candidates for Municipal Offices (CEF No. 25) shall be prepared in sufficient copies to be distributed as follows:
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1. 2. 3. 4. 5. 6.

Secretary Chairman,

of

the

sangguniang board of

bayan; canvassers; Comelec;

Municipal

Regional Municipal Each of the winning

election

director; treasurer; proclaimed; and

candidates

7. One copy for posting on the bulletin board of the municipal hall. The first five copies shall be individually folded and placed in their corresponding envelopes. A copy of the Statement of Votes by precinct shall be attached to the copies for the:
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1. 2.

Secretary Chairman,

of Municipal

the board

sangguniang of canvassers;

bayan; and

3. Comelec. VIII. THE MUNICIPAL BOARD OF CANVASSERS OF EACH COMPONENT MUNICIPALITY IN A LEGISLATIVE DISTRICT IN METRO MANILA (Taguig, Pateros, Navotas and Malabon) Sec. 53. Duties and functions of the Municipal Board of canvassers of each component municipality in a legislative district in Metro-Manila. - The Municipal Board of Canvassers of each component municipality of a legislative district in Metro Manila shall: a. Canvass the Election Returns for Senators, Member of the House of Representatives, Party-List and elective municipal officials;
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b.

Upon

completion

of

the

canvass:

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1. Prepare in six (6) copies, the Certificate of Canvass for Senators, Members of the House of Representatives and Party-List (CEF No. 20);

2. Prepare the Certificate of Canvass and Proclamation of Winning Candidates for Municipal Offices (CEF No. 25); and 3. Proclaim the winning candidates for municipal offices. Sec. 54. Distribution of the Certificate of Canvass. - The Municipal Board of Canvassers shall distribute the Certificate of Canvass for Senators, Members of the House of Representatives and Party-List (CEF No. 20) as follows: 1. The first copy to the District Board of Canvassers for use in the canvass of election results for Senators, Member of the House of Representatives and Party-List;
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2.

The

second

copy

to

the

Comelec;

3. The third copy to be kept by the Chairman of the Municipal Board of Canvassers; 4. The fourth copy to the citizens arm designated by the Comelec to conduct a media-based unofficial count; and 5. The fifth, 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. The Certificate of Canvass prepared by the Municipal Board of Canvassers shall each be supported by a Statement of Votes by precinct, signed and thumbmarked by the Chairman and members of the board, and the watchers of the six accredited major political parties, if available. Thereafter, they shall each be sealed and placed inside their corresponding envelopes, which shall likewise be sealed. Sec. 55. Certificate of Canvass and Proclamation. - The Certificate of Canvass and Proclamation of the Winning Candidates for Municipal Offices (CEF No. 25) shall be prepared in sufficient copies and distributed as follows:
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1. 2. 3.

Secretary Chairman,

of

the

sangguniang Board of

bayan; Canvassers; Comelec;

Municipal

4. 5. 6. Each of

Regional Municipal the winning

election

director; treasurer; proclaimed; and

candidates

7. One copy for posting on the bulletin board of the municipal hall. The first five copies shall be individually folded and placed in the proper envelope. A copy of the Statement of Votes by precinct shall be attached to the copies for the Chairman, Municipal Board of Canvassers, and the Comelec. IX. DISTRICT BOARD OF CANVASSERS OF LEGISLATIVE DISTRICTS OF METRO MANILA (Taguig-Pateros and Navotas-Malabon, Metro Manila) Sec. 56. Duties and functions of the District Board of Canvassers of legislative districts comprising two (2) municipalities in the Metropolitan Manila Area. - The District Board of Canvassers of Taguig-Pateros and Navotas-Malabon shall: a. Canvass the Certificate of Canvass for Senators, Members of the House of Representatives and Party-List (CEF No. 20) submitted by the Municipal Board of Canvassers of the component municipality;
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b. Upon completion of the canvass:

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1. Prepare in six (6) copies the Certificate of Canvass for Senators and Party-List (CEF No. 21); 2. Prepare the Certificate of Canvass and Proclamation of the Winning candidate for Member of the House of Representatives (CEF No. 22) in the legislative district; and 3. Proclaim the winning candidate for Member of the House of Representatives in the legislative district.

Sec. 57. Distribution of the Certificate of Canvass. - The District Board of Canvassers shall distribute the Certificate of Canvass for Senators and Party-List (CEF No. 21) as follows: 1. 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;
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2. The second copy to be kept by the Chairman of the District Board of Canvassers; 3. The third copy to the citizens arm designated by the Comelec to conduct a media-based unofficial count; and 4. The fourth, 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. All copies of the Certificate of Canvass (CEF No. 21) shall be supported by Statement of Votes by city/municipality. However, the Certificate of Canvass (Copy for the National Board of Canvassers) shall, in addition to the Statement of Votes by city/municipality, be supported by a Statement of Votes by precinct as submitted by the Municipal Boards of Canvassers. 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, if available. Thereafter, they shall each be sealed and placed inside their corresponding envelopes, which shall likewise be sealed. Sec. 58. Certificate of Canvass and Proclamation. - The Certificate of Canvass and Proclamation of the Winning Candidate for Member of the House of Representatives (CEF No. 22) shall be prepared in four (4) copies and distributed as follows:
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1.

The

first

copy

to

the

Comelec

in

Manila;

2. The second copy to be kept by the Chairman of the District Board of Canvassers; 3. The third copy to the proclaimed candidate; and

4. The fourth copy for posting on the bulletin board of the municipal hall where the canvass was conducted.

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. Sec. 59. Effectivity. - This resolution shall take effect on the seventh day following its publication in two (2) daily newspapers of general circulation in the Philippines. Sec. 60. Dissemination. - 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, Culture and Sports, the Department of Finance, all Regional Election Directors, Provincial Election Supervisors and Election Officers, and City/Provincial Division and City Superintendent of Schools and the Municipal Treasurers with copies of the Resolution. Let the Deputy Executive Director for Operations implement this Resolution. ARTICLE XXII. ELECTION OFFENSES Sec. 261. Prohibited Acts. - The following shall be guilty of an election offense:
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(a) Vote-buying and vote-selling. (1) Any person who gives, offers or promises money or anything of value, gives or promises any office or employment, franchise or grant, public or private, or makes or offers to make an expenditure, directly or indirectly, or cause an expenditure to be made to any person, association, corporation, entity, 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, 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. (2) Any person, association, corporation, group or community who solicits or receives, directly or indirectly, any expenditure or promise of any office or employment, public or private, for any of the foregoing considerations.

(b) Conspiracy to bribe voters. - Two or more persons, whether candidates or not, who come to an agreement concerning the commission of any violation of paragraph (a) of this section and decide to commit it. (c) Wagering upon result of election. - Any person who bets or wagers upon the outcome of, or any contingency connected with an election. Any money or thing of value or deposit of money or thing of value situated anywhere in the Philippines put as such bet or wager shall be forfeited to the government. (d) Coercion of subordinates. (1) Any public officer, or any officer of any public or private corporation or association, or any head, superior, or administrator of any religious organization, or any employer or land-owner who coerces or intimidates or compels, or in any manner influence, directly or indirectly, any of his subordinates or members or parishioners or employees or house helpers, tenants, overseers, farm helpers, tillers, or lease holders to aid, campaign or vote for or against any candidate or any aspirant for the nomination or selection of candidates. (2) Any public officer or any officer of any commercial, industrial, agricultural, economic or social enterprise or public or private corporation or association, or any head, superior or administrator of any religious organization, or any employer or landowner who dismisses or threatens to dismiss, punishes or threatens to punish be reducing his salary, wage or compensation, or by demotion, transfer, suspension, separation, excommunication, ejectment, or causing him annoyance in the performance of his job or in his membership, any subordinate member or affiliate, parishioner, employee or house helper, tenant, overseer, farm helper, tiller, or lease holder, for disobeying or not complying with any of the acts ordered by the former to aid, campaign or vote for or against any candidate, or any aspirant for the nomination or selection of candidates. (e) Threats, intimidation, terrorism, use of fraudulent device or other forms of coercion. - Any person who, directly or indirectly, threatens, intimidates or actually causes, inflicts or produces any violence, injury, punishment, damage, loss or disadvantage upon any person or persons or that of the immediate members of his

family, his honor or property, or uses any fraudulent device or scheme to compel or induce the registration or refraining from registration of any voter, or the participation in a campaign or refraining or desistance from any campaign, or the casting of any vote or omission to vote, or any promise of such registration, campaign, vote, or omission therefrom. (f) Coercion of election officials and employees. - Any person who, directly or indirectly, threatens, intimidates, terrorizes or coerces any election official or employee in the performance of his election functions or duties. (g) Appointment of new employees, creation of new position, promotion, or giving salary increases. - During the period of fortyfive days before a regular election and thirty days before a special election, (1) any head, official or appointing officer of a government office, agency or instrumentality, whether national or local, including government-owned or controlled corporations, who appoints or hires any new employee, whether provisional, temporary or casual, or creates and fills any new position, except upon prior authority of the Commission. The Commission shall not grant the authority sought unless, it is satisfied that the position to be filled is essential to the proper functioning of the office or agency concerned, and that the position shall not be filled in a manner that may influence the election. As an exception to the foregoing provisions, a new employee may be appointed in case of urgent need: Provided, however, That notice of the appointment shall be given to the Commission within three days from the date of the appointment. Any appointment or hiring in violation of this provision shall be null and void. (2) Any government official who promotes, or gives any increase of salary or remuneration or privilege to any government official or employee, including those in government-owned or controlled corporations. (h) Transfer of officers and employees in the civil service. - 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, within the election period except upon prior approval of the Commission.

(i) Intervention of public officers and employees. - Any officer or employee in the civil service, except those holding political offices; any officer, employee, or member or the Armed Forces of the Philippines, or any police force, special forces, home defense forces, barangay self-defense units and all other para-military units that now exist or which may hereafter be organized who, directly or indirectly, intervenes in any election campaign or engages in any partisan political activity, except to vote or to preserve public order, if he is a peace officer. (j) Undue influence. - It is unlawful for any person to promise any office or employment, public or private, or to make or offer to make an expenditure, directly or indirectly, or to cause an expenditure to be made to any person, association, corporation or entity, which may induce anyone or the public in general either to vote or withhold his vote, 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. It is likewise unlawful for any person, association, corporation or community, to solicit or receive, directly or indirectly, any expenditure or promise or any office, or employment, public or private, for any of the foregoing considerations. (k) Unlawful electioneering. - 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, for or against any candidate or any political party within the polling place and with a radius of thirty meters thereof. (l) Prohibition against dismissal of employees, laborers, or tenants. No employee or laborer shall be dismissed, nor a tenant be ejected from his landholdings for refusing or failing to vote for any candidate of his employer or landowner. Any employee, laborer or tenant so dismissed or ejected shall be reinstated and the salary or wage of the employee or laborer, or the share of the harvest of the tenant, shall be restored to the aggrieved party upon application to the proper court. (m) Appointment or use of special policemen, special agents, confidential agents or the like. - During the campaign period, on the day before and on election day, any appointing authority who appoints or any person who utilizes the services of special policemen, special agents, confidential agents or persons performing similar functions; persons previously appointed as special

policemen, special agents, confidential agents or persons performing similar functions who continue acting as such, and those who fail to turn over their firearms, uniforms, insignias and other badges of authority to the proper officer who issued the same. At the start of the aforementioned period, the barangay chairman, municipal mayor, city mayor, provincial governor, or any appointing authority shall submit to the Commission a complete list of all special policemen, special agents, confidential agents or persons performing similar functions in the employ of their respective political subdivisions, with such particulars as the Commission may require. (n) Illegal release of prisoners before and after election. - The Director of the Bureau of Prisons, any provincial warden, 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 the provincial, city or municipal jail to leave the premises thereof sixty days before and thirty days after the election. The municipal or city warden, the provincial warden, 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. Detention prisoners must be categorized as such. (o) Use of public funds, money deposited in trust, equipment, facilities owned or controlled by the government for an election campaign. - Any person who uses under any guise whatsoever, directly or indirectly, (1) public funds or money deposited with, or held in trust by, public financing institutions or by government offices, banks, or agencies; (2) any printing press, radio, or television station or audio-visual equipment operated by the Government or by its divisions, sub-divisions, agencies or instrumentalities, including government-owned or controlled corporations, or by the Armed Forces of the Philippines; or (3) any equipment, vehicle, facility, apparatus, or paraphernalia owned by the government or by its political subdivisions, agencies including government-owned or controlled corporations, or by the Armed Forces of the Philippines for any election campaign or for any partisan political activity. (p) Deadly weapons. - 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

in the polling place, voting, counting of votes, or preparation of the election returns. However, in cases of affray, turmoil, or disorder, 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. (q) Carrying firearms outside residence or place of business. - Any person who, although possessing a permit to carry firearms, carries any firearms outside his residence or place of business during the election period, unless authorized in writing by the Commission: Provided, That a motor vehicle, water or air craft shall not be considered a residence or place of business or extension hereof. 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, profession, business or occupation habitually carry large sums of money or valuables. (r) Use of armored land, water or air craft. - Any person who uses during the campaign period, on the day before and on election day, any armored land, water or air craft, provided with any temporary or permanent equipment or any other device or contraption for the mounting or installation of cannons, machine guns and other similar high caliber firearms, including military type tanks, half trucks, scout trucks, armored trucks, of any make or model, whether new, reconditioned, rebuilt or remodelled: Provided, That banking or financial institutions and all business firms may use not more than two armored vehicles strictly for, and limited to, the purpose of transporting cash, gold bullion or other valuables in connection with their business from and to their place of business, upon previous authority of the Commission. (s) Wearing of uniforms and bearing arms. - During the campaign period, on the day before and on election day, any member of security or police organization of government agencies, commissions, councils, bureaus, offices, or government-owned or controlled corporations, or privately-owned or operated security, investigative, protective or intelligence agencies, who wears his uniform or uses his insignia, decorations or regalia, or bears arms outside the immediate vicinity of his place of work: Provided, 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

he is guarding; or when escorting or providing security for the transport of payrolls, deposits, or other valuables; or when guarding the residence of private persons or when guarding private residences, buildings or offices: Provided, further, That in the last case prior written approval of the Commission shall be obtained. 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, and ending thirty days thereafter any member of the Armed Forces of the Philippines, special, forces, home defense forces, 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, garrison or barracks to which he is assigned or detailed or outside their homes, in case of members of para-military units, unless (1) the President of the Philippines shall have given previous authority therefor, and the Commission notified thereof in writing, or (2) the Commission authorizes him to do so, which authority it shall give only when necessary to assist it in maintaining free, orderly and honest elections, and only after notice and hearing. 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, rank and serial number, if any, stitched in block letters on a white background on the left breast of their uniform, in letters and numbers of a clearly legible design at least two centimeters tall, which shall at all times remain visible and uncovered. During the election period, whenever the Commission finds it necessary for the promotion of free, orderly, honest and peaceful elections in a specific area, it shall confiscate or order the confiscation of firearms of any member or members of the Armed Forces of the Philippines, police forces, home defense forces, barangay self-defense units, and all other para-military units that now exist, or which may hereafter be organized, or any member or members of the security or police organization, government ministries, commissions, councils, bureaus, offices, instrumentalities, or government-owned or controlled corporations and other subsidiaries, or of any member or members of privately owned or operated security, investigative, protective or intelligence agencies performing identical or similar functions.

(t) Policemen and provincial guards acting as bodyguards or security guards. - During the campaign period, on the day before and on election day, any member of the city or municipal police force, any provincial or sub-provincial guard, any member of the Armed Forces of the Philippines, special forces, home defense forces, 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, candidate or any other person, and any of the latter who utilizes the services of the former as bodyguard or security guard: Provided, That, after due notice and hearing, when the life and security of a candidate is in jeopardy, the Commission is empowered to assign at the candidate's choice, 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, however, That when the circumstances require immediate action, 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, subject to confirmation or revocation. (u) Organization or maintenance of reaction forces, strike forces, or other similar forces. - Any person who organizes or maintains a reaction force, strike force or similar force during the election period. The heads of all reaction forces, strike forces, or similar forces shall, not later than forty-five days before the election, submit to the Commission a complete list of all members thereof with such particulars as the Commission may require. (v) Prohibition against release, disbursement or expenditure of public funds. - Any public official or employee including barangay officials and those of government-owned or controlled corporations and their subsidiaries, who, during forty-five days before a regular election and thirty days before a special election, releases, disburses or expends any public funds for:
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(1) Any and all kinds of public works, except the following:

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(a) Maintenance of existing and/or completed public works project: Provided, That not more than the average number of laborers or employees already employed therein during the six-month period immediately prior to

the beginning of the forty-five day period before election day shall be permitted to work during such time: Provided, further, That no additional laborers shall be employed for maintenance work within the said period of forty-five days; (b) Work undertaken by contract through public bidding held, or by negotiated contract awarded, before the fortyfive day period before election: Provided, That work for the purpose of this section undertaken under the socalled "takay" or "paquiao" system shall not be considered as work by contract; (c) Payment for the usual cost of preparation for working drawings, specifications, bills of materials, estimates, and other procedures preparatory to actual construction including the purchase of materials and equipment, 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, That the number of such laborers shall not be increased over the number hired when the project or projects were commenced; and (d) Emergency work necessitated by the occurrence of a public calamity, 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), (c), and (d), of this paragraph. This prohibition shall not apply to ongoing public works projects commenced before the campaign period or similar projects under foreign agreements. For purposes of this provision, 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. (2) The Ministry of Social Services and Development and any other office in other ministries of the government performing functions similar to said ministry, except for salaries of

personnel, and for such other routine and normal expenses, and for such other expenses as the Commission may authorize after due notice and hearing. Should a calamity or disaster occur, all releases normally or usually coursed through the said ministries and offices of other ministries shall be turned over to, and administered and disbursed by, the Philippine National Red Cross, subject to the supervision of the Commission on Audit or its representatives, and no candidate or his or her spouse or member of his family within the second civil degree of affinity or consanguinity shall participate, directly or indirectly, in the distribution of any relief or other goods to the victims of the calamity or disaster; and (3) The Ministry of Human Settlements and any other office in any other ministry of the government performing functions similar to said ministry, except for salaries of personnel and for such other necessary administrative or other expenses as the Commission may authorize after due notice and hearing. (w) Prohibition against construction of public works, delivery of materials for public works and issuance of treasury warrants and similar devices. - During the period of forty-five days preceding a regular election and thirty days before a special election, any person who (a) undertakes the construction of any public works, except for projects or works exempted in the preceding paragraph; or (b) issues, uses or avails of treasury warrants or any device undertaking future delivery of money, goods or other things of value chargeable against public funds. (x) Suspension of elective provincial, city, municipal or barangay officer. - The provisions of law to the contrary notwithstanding during the election period, any public official who suspends, without prior approval of the Commission, any elective provincial, city, municipal or barangay officer, 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; in which case the provisions of this section shall be inapplicable. (y) On Registration of Voters:
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(1) Any person who, having all the qualifications and none of the disqualifications of a voter, fails without justifiable excuse to register as a voter in an election, plebiscite or referendum in which he is qualified to vote.

(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. (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; or any person in charge of the registration of voters who deliberately or through negligence, causes or allows the imprinting of blurred or indistinct fingerprints on any of the aforementioned registration forms, or any person who tampers with the fingerprints in said registration records. (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; or who disapproves any application which on its face shows that the applicant possesses all such qualifications. (5) Any person who, being a registered voter, registers anew without filing an application for cancellation of his previous registration. (6) Any person who registers in substitution for another whether with or without the latter's knowledge or consent. (7) Any person who tampers with or changes without authority any data or entry in any voter's application for registration. (8) Any person who delays, hinders or obstruct another from registering. (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. (10) Any person who uses the voter's affidavit of another for the purpose of voting, whether or not he actually succeeds in voting. (11) Any person who places, inserts or otherwise includes, as approved application for registration in the book of voters or in the provincial or national central files of registered voters, the

application of any fictitious voter or any application that has not been approved; or removes from, 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, except upon lawful order of the Commission, or of a competent court or after proper cancellation as provided in Sections 122, 123, 124 and 125 hereof. (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, unless said transfer was due to a change of address of the voter and the voter was duly notified of his new polling place. (13) Any person who asks, demands, takes, accepts or possesses, directly or indirectly, the voter's affidavit of another, in order to induce the latter to withhold his vote, or to vote for or against any candidate in an election or any issue in a plebiscite or referendum. It shall be presumed prima facie that the asking, demanding, taking, accepting, or possessing is with such intent if done within the period beginning ten days before election day and ending ten days after election day, unless the voter's affidavit of another and the latter are both members of the same family. (14) Any person who delivers, hands over, entrusts, gives, directly or indirectly his voter's affidavit to another in consideration of money or other benefit or promises thereof, or takes or accepts such voter's affidavit directly or indirectly, by giving or causing the giving of money or other benefit or making or causing the making of a promise thereof. (15) Any person who alters in any manner, tears, defaces, removes or destroys any certified list of voters. (16) Any person who takes, 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. (17) Any person who maliciously omits, tampers or transfers to another list the name of a registered voter from the official list of voters posted outside the polling place.

(z) On voting:

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(1) Any person who fails to cast his vote without justifiable excuse. (2) Any person who votes more than once in the same election, or who, not being a registered voter, votes in an election. (3) Any person who votes in substitution for another whether with or without the latter's knowledge and/or consent. (4) Any person who, not being illiterate or physically disabled, allows his ballot to be prepared by another, or any person who prepares the ballot of another who is not illiterate or physically disabled, with or without the latter's knowledge and/or consent. (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. (6) Any voter who, in the course of voting, uses a ballot other than the one given by the board of election inspectors or has in his possession more than one official ballot. (7) Any person who places under arrest or detains a voter without lawful cause, 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, or to compel him to reveal how he voted. (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, or misreads the vote actually written thereon or reads the name of a candidate where no name is written on the ballot. (9) Any member of the board of election inspectors charged with the duty of tallying the votes in the tally board or sheet, election returns or other prescribed form who deliberately fails to record a vote therein or records erroneously the votes as read, or records a vote where no such vote has been read by the chairman. (10) Any member of a board of election inspectors who has made possible the casting of more votes than there are registered voters.

(11) Any person who, for the purpose of disrupting or obstructing the election process or causing confusion among the voters, propagates false and alarming reports or information or transmits or circulates false orders, directives or messages regarding any matter relating to the printing of official ballots, the postponement of the election, the transfer of polling place or the general conduct of the election. (12) Any person who, without legal authority, destroys, substitutes or takes away from the possession of those having legal custody thereof, or from the place where they are legally deposited, any election form or document or ballot box which contains official ballots or other documents used in the election. (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, through his negligence, enables any person to commit any of the aforementioned acts, or takes away said ballot box from his custody. (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. (15) Any public official who neglects or fails to properly preserve or account for any ballot box, documents and forms received by him and kept under his custody. (16) Any person who reveals the contents of the ballot of an illiterate or disabled voter whom he assisted in preparing a ballot. (17) Any person who, without authority, transfers the location of a polling place. (18) Any person who, without authority, 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, whether or not they are actually used. (19) Any person who, without authority, keeps, uses or carries out or causes to be kept, used or carried out, any official ballot or election returns or printed proof thereof, type-form mould, electro-

type printing plates and any other plate, numbering machines and other printing paraphernalia being used in connection with the printing of official ballots or election returns. (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, delivers, or in any manner disposes of or causes to be distributed, delivered, or disposed of, 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. (21) Any person who, through any act, means or device, violates the integrity of any official ballot or election returns before or after they are used in the election. (22) Any person who removes, tears, defaces or destroys any certified list of candidates posted inside the voting booths during the hours of voting. (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, or stops any election being legally held. (24) Any person who deliberately blurs his fingerprint in the voting record. (aa) On Canvassing:
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(1) Any chairman of the board of canvassers who fails to give due notice of the date, time and place of the meeting of said board to the candidates, political parties and/or members of the board. (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. (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 without giving due notice of the date, time

and place of the meeting of the board to the candidates, political parties, and/or other members of the board. (4) Any member of the board of canvassers who, without authority of the Commission, uses in the canvass of votes and/or proclamation of any candidate any document other than the official copy of the election returns. (bb) Common to all boards of election inspectors and boards of canvassers:
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(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. (2) Any member of any board of election inspectors or board of canvassers who, without justifiable reason, 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. (3) Any person who, being ineligible for appointment as member of any board of election inspectors or board of canvassers, accepts an appointment to said body, assumes office, and actually serves as a member thereof, or any of public officer or any person acting in his behalf who appoints such ineligible person knowing him to be ineligible. (4) 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, 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, either partly or totally. (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. (cc) On candidacy and campaign:
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(1) Any political party which holds political conventions or meetings to nominate its official candidates earlier that the period fixed in this Code. (2) Any person who abstracts, destroys or cancels any certificate of candidacy duly filed and which has not been cancelled upon order of the Commission. (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. (4) Any person who, being authorized to receive certificates of candidacy, 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; or any person who, by means of fraud, threat, intimidation, terrorism or coercion, causes or compels the commission of said act. (5) Any person who, by any device or means, jams, obstructs or interferes with a radio or television broadcast of any lawful political program. (6) Any person who solicits votes or undertakes any propaganda, on the day of election, for or against any candidate or any political party within the polling place or within a radius of thirty meters thereof. (dd) Other prohibitions:
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(1) Any person who sells, furnishes, offers, buys, serves or takes intoxicating liquor on the days fixed by law for the registration of voters in the polling place, or on the day before the election or on election day: Provided, 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, further, That foreign tourists taking intoxicating liquor in said authorized hotels or establishments are exempted from the provisions of this subparagraph. (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, booths or stalls of any kind for the sale, dispensing or display

of wares, merchandise or refreshments, whether solid or liquid, or for any other purposes. (3) Any person who holds on election day, fairs, cockfights, boxing, horse races, jai-alai or any other similar sports. (4) Refusal to carry election mail matter. - Any operator or employee of a public utility or transportation company operating under a certificate of public convenience, 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. In addition to the penalty prescribed herein, such refusal shall constitute a ground for cancellation or revocation of certificate of public convenience or franchise. (5) Prohibition against discrimination in the sale of air time. - Any person who operates a radio or television station who without justifiable cause discriminates against any political party, coalition or aggroupment of parties or any candidate in the sale of air time. In addition to the penalty prescribed herein, such refusal shall constitute a ground for cancellation or revocation of the franchise. Sec. 262. Other election offenses. - Violation of the provisions, or pertinent portions, of the following sections of this Code shall constitute election offenses: Sections 9, 18, 74, 75, 76, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106 107, 108, 109, 110, 111, 112, 122, 123, 127, 128, 129, 132, 134, 135, 145, 148, 150, 152, 172, 173, 174, 178, 180, 182, 184, 185, 186, 189, 190, 191, 192, 194, 195, 196, 197, 198, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 223, 229, 230, 231, 233, 234, 235, 236, 239 and 240. Sec. 263. Persons criminally liable. - The principals, accomplices, and accessories, as defined in the Revised Penal Code, shall be criminally liable for election offenses. If the one responsible be a political party or an entity, its president or head, the officials and employees of the same, performing duties connected with the offense committed and its members who may be principals, accomplices, or accessories shall be liable, in addition to the liability of such party or entity. Sec. 264. Penalties. - 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

probation. In addition, the guilty party shall be sentenced to suffer disqualification to hold public office and deprivation of the right of suffrage. If he is a foreigner, he shall be sentenced to deportation which shall be enforced after the prison term has been served. Any political party found guilty shall be sentenced to pay a fine of not less than ten thousand pesos, which shall be imposed upon such party after criminal action has been instituted in which their corresponding officials have been found guilty. In case of prisoner or prisoners illegally released from any penitentiary or jail during the prohibited period as provided in Section 261, paragraph (n) of this Code, the director of prisons, provincial warden, keeper of the jail or prison, or persons who are required by law to keep said prisoner in their custody shall, if convicted by a competent court, 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, terrorism of interference in the election. Any person found guilty of the offense of failure to register or failure to vote shall, upon conviction, be fined one hundred pesos. In addition, 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. Sec. 265. Prosecution. - The Commission shall, through its duly authorized legal officers, have the exclusive power to conduct preliminary investigation of all election offenses punishable under this Code, and to prosecute the same. The Commission may avail of the assistance of other prosecuting arms of the government: Provided, however, That in the event that the Commission fails to act on any complaint within four months from his filing, the complainant may file the complaint with the office of the fiscal or with the Ministry of Justice for proper investigation and prosecution, if warranted. Sec. 266. Arrest in connection with the election campaign. - 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, 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

competent judge after all the requirements of the Constitution shall have been strictly complied with. If the offense charged is punishable under a presidential decree whether originally or by amendment of a previous law, the death penalty shall not be imposed upon the offender except where murder, rape or arson is involved. In all cases, 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. Moreover, loss of the right of citizenship and confiscation of property shall not be imposed. 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, with the accessory penalties for election offenses. The provision of Section 267 of this Code shall not apply to prosecution under this section. Sec. 267. Prescription. - Election offenses shall prescribe after five years from the date of their commission. If the discovery of the offense be made in an election contest proceedings, the period of prescription shall commence on the date on which the judgment in such proceedings becomes final and executory. Sec. 268. Jurisdiction of courts. - The regional trial court shall have the exclusive original jurisdiction to try and decide any criminal action or proceedings for violation of this Code, 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. From the decision of the courts, appeal will lie as in other criminal cases. Sec. 269. Preferential disposition of election offenses. - 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. Their investigation shall be commenced without delay, and shall be resolved by the investigating officer within five days from its submission for resolution. The courts shall likewise give preference to election offenses over all other cases, except petitions for writ of habeas corpus. Their trial shall likewise be commenced without delay, and shall be conducted continuously until terminated, and the case shall be decided within thirty days from its submission for decision.

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