updated: handbook on automated elections, canvassing and general election monitoring (u.p. law...

UNIVERSITY OF THE PHILIPPINES LAW CENTER

INSTITUTE OF GOVERNMENT AND LAW REFORM (IGLR)

Copyright© 2010. All rights reserved.

Preface

The Philippines is about to face a litmus test as it embarks on the first nationwide automated elections

in May 2010, and the whole world is watching. Thus, initiatives geared at enhancing the transparency

and credibility of the electoral process become more critical than ever.

Safeguarding the integrity of elections is the duty not only of the government but also of every single

Filipino citizen. Knowledge is key to a pro‐active, informed, and effective citizen‐driven monitoring

effort.

With these in mind, the University of the Philippines Institute of Government and Law Reform (IGLR)

worked on the project to develop a Handbook on Automated Elections, Canvassing, and General

Election Monitoring. The project seeks to cement a solid understanding of election rules and

regulations, particularly those covering automated elections.

The Handbook is written in question‐and‐answer form, for easy reference and understanding. It is

expected to be a useful tool for the voting public as well as teachers, lawyers, and volunteers who will

be playing a key role in the 2010 elections either as election inspectors, canvassers, watchers, or

independent monitors.

The Handbook covers a comprehensive discussion of all phases of elections—pre‐election (Board of

Election Inspectors, Watchers, Ballots and other election documents), election proper (Casting and

Counting of Votes), and post‐election (Canvassing, Pre‐proclamation Controversies, and Election

Contests). It also integrates a discussion of the various acts that constitute election offenses in these

three stages, in order to aid election monitors to properly identify and promptly act to report these

matters to the appropriate authorities.

Through this Handbook, the UP IGLR seeks to contribute to ensure a free, orderly, and honest 2010

elections.

Table of Contents Glossary and Abbreviations i I. BOARD OF ELECTION INSPECTORS (BEI) 1

A. Appointment, Qualifications, Vacancies 1 B. Functions and Responsibilities 3

II. WATCHERS 6 III. OFFICIAL BALLOTS AND OTHER ELECTION FORMS AND SUPPLIES 11 IV. PRE‐VOTING PROCEDURES 14 V. CASTING OF VOTES 15 VI. COUNTING OF VOTES 29 VII. ELECTION RETURNS 32 VIII. POST‐COUNTING AND POST‐TRANSMISSION PROCEDURES 37 IX. CANVASS 39

A. The Board of Canvassers (BOC) 39 B. Manner of Canvassing 45 C. Persons Present During Canvassing 58 D. The COCs – Effect and their distribution 59 E. Remedies 68

X. PRE‐PROCLAMATION CONTROVERSIES 76 XI. ELECTION PROTEST and QUO WARRANTO 85 XII. ELECTION OFFENSES 95 Annex 1: ELECTION OFFENSES a

Table of Figures Figure 1: BEI Procedures before voting 14

Figure 2: Samples of Shading 20

Figure 3: Location of Feeder in the PCOS Machine 22

Figure 4: Procedure in Assisting Disabled/Illiterate Voters 26

Figure 5: Closing the Voting and Counting the Ballots 32

Figure 6: Printing and Transmitting the ERs 33

Figure 7: Steps after termination of counting of votes and announcement of results 37

Figure 8: Preliminaries to Canvassing 45

Figure 9: CCS Initialization 46

Figure 10: Starting the Canvassing 47

Figure 11: Monitoring Data Transmission 47

Figure 12: Procedure in case of Untransmitted Results 48

Figure 13: Generation and Printing of Consolidated Canvass Report 49

Figure 14: Generation and printing of COC 50

Figure 15: Transmission of Results 51

Figure 16: Printing of Remaining COC Reports 51

Figure 17: Generation and Printing of SOVs 52

Figure 18: Generating COCP 53

Figure 19: Printing of Audit Log 54

Figure 20: Post Printing Activities 54

Figure 21: Backing up CCS results 55

Figure 22: Shutting down CCS 56

Figure 23: Preproclamation Cases Filed Directly with BOC 80

Figure 24: Preproclamation Cases Filed Directly with COMELEC 81

Figure 25: Procedure if illegality of BOC proceedings is discovered after proclamation 81

List of Cited Laws/Issuances*

1. Batas Pambansa Blg. 881

2. Republic Act No 7166

3. Republic Act No. 8436

4. Republic Act No. 9369

5. COMELEC Resolution No. 8436







* These links take you outside the UP Law Center website.

i

Glossary and Abbreviations ab initio

‐ from the very start

Audit Log ‐ refers to the document that contains the list of all

activities performed by the PCOS machines from the

time that it was powered‐on until the time it was closed.1

Automated Election System or AES

‐ a system using appropriate technology which has been

demonstrated in the voting, counting, consolidating,

canvassing, and transmission of election results, and

other electoral processes.2

BOC

‐ Board of Canvassers

BEI

‐ Board of Election Inspectors

BP Blg. 881

‐ the Omnibus Election Code

CCS ‐ Consolidation and Canvassing System

Canvass Proceedings ‐ refers to the proceedings that involve the consolidation

of precinct election results at the municipal, city of

district level; district election results at the municipal or

city level; municipal or city election results at the

provincial level; and provincial election results at the

national level, be it the COMELEC or Congress. It also

includes the formal proclamation of the election winners

at the various canvass levels.3

City/municipal/district/provincial certificate of canvass or COC

‐ a document in electronic and printed form containing the

total votes in figures obtained by each candidate in a

city/municipality/district/province as the case may be.

These may be in electronic and printed form. The

electronic COC shall be the official canvass results in the

aforementioned corresponding jurisdictions.4

COCP

‐ Certificate of Canvass and Proclamation

COMELEC ‐ the Commission on Elections

Consolidation Machine ‐ refers to the machine used at the canvass proceedings to

consolidate precinct results, municipal and city results,

provincial results, as the case may be, for purposes of

getting the total votes of all candidates at a particular

canvass level.5

Counting Center

‐ a public place within the city/municipality or in such other

places as may be designated by the COMELEC where the

official ballots cast in various precincts of the city/

1 COMELEC Resolution No. 8804 (22 March 2009), Part I, Rule 2, Section 1.

2 Republic Act No. 9369 (2007), Section 2.




ii

municipality shall be counted. Polling places or voting

centers may also be designated as counting centers.6

Counting machine ‐ a machine that uses an optical scanning/mark‐sense

reading device or any similar advanced technology to

count ballots.7

Data storage device ‐ a device used to electronically store counting and

canvassing results, such as a memory pack or diskette.8

DepEd ‐ Department of Education

Disabled voter ‐ a person with impaired capacity to use the AES.9

EDCVL

‐ the Election Day Computerized Voters List

Electronic document ‐ refers to information or the representation of

information, data, figures, symbols or other modes of

written expression, described or however represented, by

which a fact may be proved and affirmed, which is

received, recorded, transmitted, stored processed,

retrieved or produced electronically. It includes digitally

signed documents and any print‐out or output, readable

by sight or other means, which accurately reflects the

electronic document.10

Electronic election returns ‐ refers to the copy of the election return in electronic form

generated by the PCOS machine that is electronically

transmitted to the Municipal or City Board of Canvassers

for the official canvass, to the COMELEC Back‐Up Server,

and to the Server for the dominant majority and

dominant minority parties, the citizens' arm authorized

by the COMELEC to conduct a parallel count, and the

Kapisanan ng mga Brodkasters sa Pilipinas or KBP11

;

Election Returns or ER

‐ a document in electronic and printed form directly

produced by the counting or voting machine, 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 in areas where AES is

utilized.12

Electronic transmission

‐ conveying data in electronic form from one location to

another.13

ERSD ‐ Election Records and Statistics Department

En Banc

‐ as a whole; with all its members






11 COMELEC Resolution 8804 (22 March 2010), Part I, Rule 2, Section 1.

12 Republic Act No. 9369 (2007), Section 2; See also COMELEC Resolution 8804 (22 March 2010), Part I, Rule 2, Section 1.


iii

KBP

‐ the Kapisanan ng mga Broadkaster ng Pilipinas

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.14

motu proprio

‐ by itself; upon its own initiative

Official ballot

‐ where AES is utilized, refers to the paper ballot, whether

printed or generated by the technology applied, that

faithfully captures or represents the votes cast by a voter

recorded or to be recorded in electronic form.15

PCOS

‐ Precinct Count Optical Scan. It means a technology

wherein an optical ballot scanner, into which optical scan

paper ballots marked by hand by the voter are inserted to

be counted, is located in every precinct16

PCVL

.

‐ Posted Computerized Voters List

Polling place ‐ place where voters cast their votes during election

Pre‐proclamation Controversy

‐ refers to any question pertaining to or affecting the

proceedings of the BOC which may be raised by any

candidate or by any registered political party or coalition

of political parties before the BOC or directly with the

COMELEC, or any matter in relation to the preparation,

transmission, receipt, custody and appreciation of the

ERs.

Printed Election Returns ‐ refers to the copy of the election returns printed by the

PCOS machine on a paper, and authenticated by the

manual signatures and thumb marks of the members of

the Board of Election Inspectors (BEI)17

.

Quo Warranto ‐ is a prerogative writ requiring the person to whom it is

directed to show what authority he has for exercising

some right or power or franchise he claims to hold.

RCG

‐ the Reception and Custody Group

Republic Act No 7166 ‐ entitled “An Act Providing for Synchronized National and

Local Elections and for Electoral Reforms, Authorizing

Appropriations Therefor and for Other Purposes”

Republic Act No. 8436 ‐ entitled “An Act Authorizing the Commission on

Elections to Use an Automated Elections in the 11 May

1998 National or Local Elections and in Subsequent

14

Republic Act No. 8436 (1997), Section 2. 15


COMELEC Resolution No. 8804 (22 March 2010), Part I, Rule 2, Section 1. 17

COMELEC Resolution No. 8804 (22 March 2010), Part I, Rule 2, Section 1.

iv

National and Local Electoral Exercises, Providing Funds

Therefor and for Other Purposes”.

Republic Act No. (R.A.) 9369

‐ the law which amended Republic Act No. 8436, entitled

"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, to Encourage

Transparency, Credibility, Fairness, and Accuracy of

Elections, Amending for the Purpose Batas Pambansa

Blg. 881, as Amended, Republic Act No. 7166 and other

Related Election Laws”.18

Statement of Votes or SOV

‐ a document containing the votes obtained by candidates

in each precinct in a city/municipality19

Station ‐ refers to a polling place, counting center, municipal or

provincial canvassing center.20

VRR ‐ Voters Registration Record

18


Flauta v. COMELEC, G.R. No. 184586, 22 July 2009. 20

Republic Act No. 9369 (2007), Section 2.

AES 2010 HANDBOOK Page 1

I. BOARD OF ELECTION INSPECTORS (BEI)

A. Appointment, Qualifications, Vacancies

1. Who appoints the BEI?

The COMELEC, directly or through its Election Officer,21 appoints a BEI for each precinct.22

2. What is the composition of a BEI?

The BEI is selected from the list of all public school teachers submitted by the Department

of Education's (DepEd) highest official within the city/municipality/school district.23 Public

school teachers with permanent appointments and those who served in the immediately

preceding National and Local Elections shall be preferred.24

3. Can persons other than public school teachers be appointed as BEI members?

It is composed of a Chairman and two (2) members, where one of the members shall be

designated as the poll clerk.

Yes. When there are not enough public school teachers, the following may be appointed as

BEI members:

a. teachers in private schools;

b. employees in the civil service; or

c. citizens of known probity and competence who are registered voters of the city or

municipality.

In all cases, however, the BEI Chairman must be a public school teacher.25

4. What qualifications must be met in order for a person to be appointed as BEI member?

No person shall be appointed as BEI Chairman or member, whether regular, substitute or

temporary, unless he/she:

a. is of good moral character and irreproachable reputation;

b. is a registered voter of the city or municipality;

c. has never been convicted of any election offense or of any other crime punishable

by more than six (6) months of imprisonment;

21

COMELEC Resolution No. 8786 (4 March 2010), Section 1 (1). 22

Batas Pambansa Blg. 881 (1985), Section 164. 23


COMELEC Resolution No. 8786 (4 March, 2010), Section 1 (2). 25

COMELEC Resolution No. 8786 (4 March 2010), Section 1 (4).


d. has no pending case against him filed in COMELEC or in any court for any election

offense; and

e. is able to speak and write in English or in the local dialect.26

5. Can a duly constituted BEI composed of public school teachers be replaced with military personnel by agreement of political parties and candidates?

No. In Cawasa v. COMELEC,27

6. Could a BEI member be relieved of his/her duties and replaced by another?

the Supreme Court held that “the bare assertion…that ‘the

political parties and municipal candidates agreed on the said arrangement’” provides no

legal basis for replacing a duly constituted BEI composed of public school teachers with

military personnel.

Public school teachers who are BEI members shall not be relieved or disqualified from

acting as such members, except for cause and after due hearing.28

7. Who are disqualified from being BEI members?

The following are disqualified from being BEI members:

a. A person who is related within the fourth civil degree of consanguinity or affinity to

any member of the same BEI or to any candidate to be voted for or to the

candidate's spouse; and

b. A person who is married to someone who is related within the fourth civil degree

of consanguinity or affinity to any member of the same BEI or to any candidate to

be voted for or to the candidate's spouse.29

8. What should the disqualified BEI Chairman or member do? He/she shall immediately notify the Election Officer of his/her disqualification in writing.

The Election Officer shall, in turn, appoint a substitute.30

9. What must be done before the BEI Chairman and members assume office?

The Election Officer must accomplish the form for the Appointment of the Chairman and

Members of the BEI (Election Form No. A5) in three (3) copies and require the BEI

Chairman and members to affix their signatures and imprints of their right thumbs on the

Oath of Office (Election Form No. A5‐A) before assumption of office.31

26

Batas Pambansa Blg. 881 (1985), Section 166; COMELEC Resolution No. 8786 (4 March 2010), Section 2. 27

Cawasa v. COMELEC, G.R. No. 150469, 3 July 2002. 28

Batas Pambansa Blg. 881 (1985), Section 170; Cawasa v. Comelec, G.R. No. 150469, 3 July 2002. 29


COMELEC Resolution No. 8786 (4 March 2010), Section 4. 31

Batas Pambansa Blg. 881 (1985), Section 165; COMELEC Resolution No. 8786 (4 March 2010), Section 7.


10. How are temporary vacancies in the BEI filled?

In case a BEI member is absent or a vacancy exists, the members present shall call upon a

substitute from the list of public school teachers submitted by the DepEd to perform the

duties of the absent member.

If none is available, the members present shall appoint any qualified non‐partisan

registered voter of the precinct to temporarily fill the vacancy until the absent member

appears. In case there are two members present, they shall act jointly.32

11. Under what circumstances may a BEI member order the arrest of absent members?

BEI members may order the arrest of any member who, in their judgment, has absented

himself with the intention of obstructing the performance of the duties of the BEI.33

B. Functions and Responsibilities

12. What are the powers and functions of the BEI?

The BEI shall have the following powers and functions:

a. Conduct the voting in the polling place and administer the electronic counting of

votes;

b. Print the election returns and transmit electronically the election results through

the use of the PCOS machines to the City/Municipal Board of Canvassers (BOC),

the dominant majority party, dominant minority party, accredited citizens' arm

and KBP, and to the central server;

c. Act as deputies of the COMELEC in the conduct of the elections;

d. Maintain order within the polling place and its premises; keep access thereto open

and unobstructed; and enforce obedience to its lawful orders. It shall prohibit the

use of cellular phones and cameras by the voters.

If any person refuses to obey the lawful orders of the BEI or conducts himself in a

disorderly manner in its presence or within its hearing and thereby interrupts or

disturbs its proceedings, the BEI may issue an order in writing directing any peace

officer to take said person into custody until the adjournment of the meeting, but

such order shall not be executed as to prevent said person from voting. A copy of

the written order shall be attached to the Minutes.

32




e. Perform such other functions as may be prescribed by law or by the rules and

regulations promulgated by the COMELEC.34

13. What are the BEI’s responsibilities with respect to the keeping of the Minutes of Voting and Counting of Votes (Minutes)?

The BEI shall enter in the Minutes (Election Form No. A11) the act or data required as they

occur or become available during voting, counting, and transmission of votes. Copies shall

be sealed in separate envelopes and distributed to35

:

1st copy 2nd copy

14. How are the proceedings of the BEI to be conducted?

The meeting of the BEI shall be public and shall be held in the polling place designated by

the COMELEC.36

The BEI shall act through its Chairman and shall decide by majority vote, without delay, all

questions which may arise in the performance of its duties.

37

15. Are BEI members allowed to vote?

Yes. There are two (2) options available to BEI members (including their substitutes) who

are registered voters in a precinct other than where they are assigned:

a. avail of the Local Absentee Voting, or

b. on the Election Day, vote in the precincts where they are registered, provided that

they do so when the voting in their respective places of assignment is light, and

their absence shall not be for more than thirty (30) minutes.38

They shall schedule their voting so that only one BEI member shall leave at any one time.

39

34

Batas Pambansa Blg. 881 (1985), Sections 168 & 172; COMELEC Resolution No. 8786 (4 March 2010), Section 10. 35



Batas Pambansa Blg. 881 (1985), Section 174; COMELEC Resolution No. 8786 (4 March 2010), Section 11 (2). 38

COMELEC Resolution No. 8786 (4 March 2010), as revised by COMELEC Resolution No. 8798 (16 March 2010), Section 12. 39

COMELEC Resolution No. 8786 (4 March 2010), Section 12.

delivered to Election Officer who

shall transmit it to the Election

Records and Statistics Department

(ERSD)

deposited inside the

compartment of the ballot box.


16. Are BEI members allowed to engage in partisan political activity?

No. No BEI member or support staff shall engage in any partisan political activity or take

part in the election except to discharge his duties as such and to vote.40

17. Are BEI members allowed to make announcements tending to show the state of the polls while voting is ongoing?

No. During the voting, any BEI member shall NOT make any announcement as to:

a. whether a certain registered voter has already voted or not;

b. how many have already voted or how many so far have failed to vote or any other

fact tending to show or showing the state of the polls; and

c. how many persons voted, except as witness before a court or body.41

18. What are the BEI’s duties with respect to election forms, documents, and supplies?

The BEI shall:

a. carefully check the different election forms, documents and supplies, and the

quantity actually received; and

b. sign a Certificate of Receipt in three (3) copies, the original of which shall be

delivered to the City/Municipal Treasurer who shall transmit the same to the

ERSD, COMELEC, Manila immediately after Election Day.42

19. What are the obligations of BEI on Election Day?

Please see:

� item IV on “Pre‐Voting Procedures on Election Day” for procedures to be followed

BEFORE voting begins;

� item V on “Casting of Votes” for procedures to be followed DURING the voting

process; and

� item VII on “Election Returns” on the procedures to be followed AFTER the voting.

40





II. WATCHERS

20. Who are entitled to appoint poll watchers?

The following are entitled to appoint two (2) watchers, to serve alternately, in every polling

place:

a. each candidate and registered political party or coalition of political parties duly

registered with the COMELEC and fielding candidates in the election; and

b. duly accredited citizens' arms.

Candidates for Senator, candidates for Member, Sangguniang Panlalawigan or

Sangguniang Panlungsod, or Sangguniang Bayan, belonging to the same ticket or slate,

shall collectively be entitled to one watcher.

Duly accredited citizens’ arms of the COMELEC shall be entitled to appoint a watcher in

every polling place. Other civil, professional, business, service, youth, and any other similar

organizations, with prior authority of the COMELEC, shall be entitled collectively to

appoint one watcher in every polling place.43

21. Will all these watchers be allowed in the polling place?

Yes. However, if all watchers cannot be accommodated because of limited space,

preference shall be given to watchers of:

a. citizens' arm,

b. dominant majority party, as determined by the COMELEC, and

c. dominant minority party, as determined by the COMELEC.

In case there are two or more citizens’ arm, preference shall be given to the one authorized

by the COMELEC to conduct an unofficial count. 44

22. Who may be appointed as a watcher?

No person shall be appointed watcher unless he/she:

a. is a registered voter of the city or municipality comprising the precinct where

he/she is assigned;

b. is of good reputation;

c. has not been convicted by final judgment of any election offense or of any other

crime;

43




d. knows how to read and write Pilipino, English or any of the prevailing local

dialects; and

e. is not related within the fourth civil degree of consanguinity or affinity to the BEI

Chairman or to any other BEI member in the polling place where he seeks

appointment as watcher.45

23. What are formalities that must be observed by watchers before they can perform their duties?

WHAT TO DO WHO DOES IT WHEN IT NEEDS TO BE

DONE

Provide the Election

Officers with the names and

signatures of their

representatives authorized

to appoint watchers in the

city or municipality46

Independent candidates,

registered parties/

organizations, or coalitions

authorized by the COMELEC

to appoint watchers

Note: The appointments of

the watchers shall bear the

signature of the candidate

or duly authorized

representative of the party,

organization or coalition

that appointed them.

At least fifteen (15) days

before election day

Deliver to the BEI Chairman

their appointments as

watchers

Poll Watchers Upon entering the polling

place

Record poll watchers’

names in the Minutes with a

notation under their

signatures that they are not

disqualified to serve as such

BEI Chairman Upon delivery of the watchers

of their appointments

45




24. What are the rights and duties of watchers?

Key Points For Watchers:

Watchers shall have the following rights47

� Witness and inform themselves of the proceedings of the BEI;

:

� Take note of what they may see or hear;

� Take photographs of the proceedings and incidents, if any, during the voting, counting of votes, as well as of the generated ERs and ballot boxes;

� File a protest against any irregularity or violation of law which they believe may have been committed by the BEI or by any of its members or by any person;

� Obtain from the BEI a certificate as to the filing of such protest and the resolution thereof; and

� Affix their signatures and thumb marks in the ERs if they are representing the dominant majority and dominant minority parties fielding candidates.

Watchers shall have the right to guard the room where ballot boxes shall be kept after canvassing.48

25. How should watchers conduct themselves in the performance of their duties?

Watchers shall not speak to any BEI member or to any voter or among themselves in such

a manner as would disturb the proceedings of the BEI.49

No watcher shall enter the place reserved for the voters and the BEI, nor mingle and talk

with the voters.

50

Watchers must stay only in the space reserved for them.

51

47




COMELEC Resolution No. 8786 (4 March 2010), Section 27 (b). 51

COMELEC Resolution No. 8786 (4 March 2010), Section 28 (b).


26. Aside from discharging their duties during the voting proper, what else should watchers do to help safeguard the sanctity of the elections?

Watchers should be present at the following periods and must perform the following tasks:

52


COMELEC Resolution No. 8786 (4 March 2010), Section 34 (f). 54

COMELEC Resolution No. 8786 (4 March 2010), Section 34 (w). 55

COMELEC Resolution No. 8786 (4 March 2010), Section 40 (m). 56

COMELEC Resolution No. 8786 (4 March 2010), Section 43 (e).

WHEN TASK

BEFORE the Voting

record the serial number of the seal(s) on the PCOS box(es)52

observe whether the PCOS box is sealed and check if the serial

number of the seal is the same as the serial number recorded

during the testing and sealing

53

observe the initialization of the PCOS and sign the Initialization

Report

54

AFTER the voting

observe the counting of votes and transmission and printing of

ERs

affix their signatures on the printed ERs55

observe the disposition of the PCOS, ballot boxes, keys, ERs,

and other documents even after the termination of the

counting of votes and the announcement of the results in the

precinct

accompany the BEI as it delivers the ballot box to the city or

municipal treasurer56


57

COMELEC Resolution No. 8786 (4 March 2010), Section 45 (2).

Key Points For Watchers:

The ballot box shall NEVER be reopened to place therein or to take

out therefrom any document or article except in proper cases and

with prior written authority of the COMELEC to retrieve copies of the

election returns which will be needed in any canvass.

In such situation, the BEI members and the watchers shall be notified

of the time and place of the opening of said ballot box. However, if

there are other authentic copies of the ERs outside of the ballot box

which can be used in the canvass, such copies of the ERs shall be used

in said canvass and the opening of the ballot box to retrieve copies of

the ERs placed therein shall then be dispensed with.57 Watchers

should make sure they are present when the ballot box is opened.


III. OFFICIAL BALLOTS AND OTHER ELECTION FORMS AND SUPPLIES

27. What is an official ballot? In the AES, an official ballot refers to the paper ballot, whether printed or generated by the

technology applied, that faithfully captures or represents the votes cast by a voter

recorded or to be recorded in electronic form.58

Official ballots come in Election Form No. A6.

59

28. What shall the ballot contain?

The ballot shall contain all the names of the candidates for every vacant position, both at

the national and local levels.

The names of all candidates for every vacant position shall be arranged alphabetically and

printed uniformly. There shall correspond to each of the names of the candidates a blank

oval, which the voter shall completely shade to signify his/her vote.

29. What are the types of security measures that could be adopted by the COMELEC to

prevent use of fake ballots?

Some of these safeguards include, but are not limited to bar codes, holograms, color

shifting ink, and micro printing.60 As mentioned above, an official ballot comes as Election

Form No. A6.61

30. When will the official ballots be distributed to the BEI?

The official ballots, along with the forms, documents, and supplies to be used for the

election, shall be distributed early in the morning of Election Day. However, the COMELEC

may authorize earlier distribution of these documents.62

31. Can the official ballots be reproduced?

No. The official ballots cannot be reproduced.63

58

Republic Act No. 8436 (1997), as amended by Republic Act. No 9369 (2007), Section 2 (3). 59


Republic Act No. 8436 (1997), as amended by Republic Act No. 9369 (2007), Section 13. 61



Official ballots are not among the election forms that may be reproduced as enumerated in COMELEC Resolution No. 8786 (4 March

2010), Section 19.


32. Aside from the official ballots, what are the other election forms and supplies?

Early in the morning of Election Day, the BEI shall get the following forms, documents and

supplies from the following:64

a. From the City/Municipal Treasurer

CEF NO.

DESCRIPTION RATE OF DISTRIBUTION

ELECTION FORMS

A3 Poster Indicating the Clustered Precincts’

Numbers

1 Piece

A6 Official Ballots 1 Piece per voter

A12 Paper Seal 75 Pieces

A14 Certificate of Receipt of Official Ballots, Other

Forms and Supplies by BEI

3 Pieces

A27 Official Receipt of Election Returns 30 Pieces

ENVELOPES FOR VOTING AND COUNTING

A15 For Rejected Ballots, Half of Torn Unused

Official Ballots and Other Half of Torn Unused

Official Ballots

3 Pieces

A17 For Election Returns 30 Pieces

OTHER ENVELOPES

A18‐A For Main Memory Card, i‐button Security Key,

PINs, Initialization Report, Audit Log, and

Precinct Statistical Report

6 Pieces

OTHER FORMS

A30/A31 Temporary Appointment of Chairman/Poll

Clerk/Third Member/Support Staff

10 Pieces

A35 Certificate of Challenge of Protest and

Decision of the BEI

10 Pieces

A39 Oath of Voter Challenge for Illegal Acts 10 Pieces

A40 Oath of Identification of Challenged Voter 10 Pieces

SUPPLIES

Bond Paper (long) 30 Pieces

Ballot Secrecy Folder 22 Pieces

Thumbprint Taker 1 Piece per precinct

in a cluster

Seal with Steel Wire for Ballot Box 1 Piece

Indelible Stain Ink 2 Bottles per precinct

in a cluster

Instruction to Voters 1 Piece per clustered

precinct

Marking Pens 1 or 2 Box/es

Ballpen 6 Pieces

64



b. From the Election Officer

CEF NO.

DESCRIPTION

RATE OF DISTRIBUTION

Book of Voters, which must be (i) duly sealed, and (ii) in

the custody of the poll clerk, third member and the

support staff, if any

Precinct Computerized Voters List (PCVL) and

supplemental PCVL, if any, for posting outside the

precinct and which must be duly certified by the

Election Registration Board

1 Copy

Election Day Computerized Voters List (EDCVL/List of

Voters with Voting Record) and supplemental EDCVL, if

any, which must be (i) duly certified by the Election

Registration Board; and (ii) one (1) of EDCVL must be in

the custody of the poll clerk, third member and the

support staff, if any.

2 Copies

A5 &

A5‐A

Copies of Appointment and Oath of Office of the BEI

and Support Staff

33. What shall the BEI do after receiving Official Ballots and other election forms and supplies?

The BEI shall carefully check the different election forms (which include the official

ballots), documents and supplies, and the quantity actually received.

The BEI shall then sign a Certificate of Receipt (Election Form No. A14) in three (3) copies,

the original of which shall be delivered to the City/Municipal Treasurer, who shall transmit

the same to the ERSD, COMELEC, Manila immediately after election day. 65

34. How many official ballots shall be provided to each BEI?

Only one piece of ballot per voter shall be provided to the BEI.66

35. Are there election documents that may be reproduced?

Yes. Only the following forms may be reproduced when needed:

a. Temporary Appointment of Chairman/Poll Clerk/Member,

b. Certificate of Challenge of Protest and Decision of the BEI,

c. Oath of Voter Challenged for Illegal Acts, and

d. Oath to Identify a Challenged Voter.67

65





IV. PRE‐VOTING PROCEDURES

36. What procedures must the BEI observe before voting begins on Election Day? The BEI shall follow the detailed procedure below early in the morning of Election Day.68

Meet at the polling place at 6 am of Election Day.

Ensure that the PCOS and ballot boxes are inside the polling place.

Post one copy of the PCVL of each precinct in the cluster, near or at the door of the polling place.

Show the PCOS box, Ballot box, official ballots and Book of Voters to the public and watchers present.

Remove the sticker seal of the PCOS box.

Open the PCOS box.Check the contents of the PCOS box.

Retrieve the minutes from the PCOS box and inspect its serial number. Enter into the minutes the number of ballots and the fact that the PCOS box, Ballot box, official ballots and Book of Voters were shown to the public.

Retrieve the PIN of the BEI and distribute the same among themselves. The re-zero PIN shall not be used on election day.

Retrieve the PCOS from its box.

Show to the public that the printer cover and slots of the PCOS are stored and sealed.

Unlock the sliding cover of the ballot box slit and break its plastic security seal.

Place the PCOS properly on top of the ballot box.

Break the plastic fixed length seal of the printer cover of the PCOS.

Open the printer cover and the Chairman shall take out the iButton security key.

Verify that the roll of paper is already properly installed.

Close the printer.Connect the power adaptor to the PCOS AC power port (20VAC).

Plug the other end to the electrical outlet.

Connect the battery to the PCOS DC power port (12 VDC). If there is no power, using a pen, press the RESET button located at the top of the PCOS AC power port.

Wait until the PCOS displays the message “PLEASE INSERT SECURITY KEY FOR AUTHENTICATION”.

The Chairman shall place the iButton security key on top of the iButton security key receptacle and apply slight pressure thereon until the message “SECURITY KEY VERIFIED” appears on the PCOS screen. Wait until the “MAIN MENU” is displayed. The iButton shall be in custody of the Chairman until the closing of voting.

The certified IT-capable member of the BEI shall perform the following procedures:1. Select “OPEN VOTING” from the Main Menu2. The PCOS shall then request for the PIN of the poll clerk who will then enter his PIN and press “ENTER”3. Validate the PIN and display a message “PIN ACCEPTED”4. Request for the second PIN from the the third member who will then enter his PIN and press “ENTER”5. Validate the PIN and display a message “PIN ACCEPTED”6. Display two (2) options: “INITIALIZE VOTE COUNTERS” and “PREVIOUS SCREEN”

Press the “INITIALIZE VOTE COUNTERS” option of the PCOS. The PCOS shall: 1. Display the message “INITIALIZING VOTE COUNTERS”2. Automatically print the Initialization Report showing zero (“0”) vote for each candidate including the geographic information (province, city/municipality, barangay, voting center and individual precinct in the cluster)3. After printing the Initialization Report, the PCOS will display the message, “WOULD YOU LIKE TO PRINT MORE COPIES OF THIS REPORT?” with “YES” and “NO” options. Press “NO”. The PCOS will display the message “PLEASE INSERT BALLOT”. Now, the PCOS is ready to accept ballots.

Detach the Initialization Report, affix their signatures thereon including the representatives of the political parties, candidates or citizens arms present

The Chairman shall then place the Report inside the envelope (A18-A) for submission to the Election Officer after the voting, for his safekeeping.

Figure 1: BEI Procedures before voting

68

COMELEC Resolution No. 8786 (4 March 2010), Section 18; See also COMELEC Resolution No. 8786 (4 March 2010), Section 34.


V. CASTING OF VOTES

37. How and when are the elections opened?

The elections are opened by the BEI Chairman at 7:00 a.m. of the Election Day by

unlocking the PCOS. To unlock the PCOS, the BEI Chairman shall insert the Security Key

into the appropriate port for the mechanism.

Once the initialization report is printed, the elections shall be deemed open.69

38. What is the initialization report or the “zero‐vote” document?

The initialization report or the “zero‐vote” document is an ER printed by the PCOS to open

the elections. It shows that there are no votes or that there are zero votes recognized by

the system at the time of the opening of the elections.

The initialization report shall be printed in one (1) copy, which shall be kept by the BEI

Chairman for safekeeping. After the votes have been counted and the results of the

election in the precinct have been announced, it will be forwarded to the Election Officer.70

39. How will the BEI know that the PCOS is ready to accept ballots?

The PCOS is ready to accept ballots for counting when the touch screen display indicates

that the system is “OPEN,” and that the text “Please Insert Ballot” is displayed.71

40. Up to what time can the voters cast their votes?

The voters can cast their votes until 6:00 p.m. of the Election Day.72

41. Can the voters cast their votes after 6:00 p.m. of the Election Day?

Voters can cast their votes after 6:00 p.m. of the Election Day, provided they are within 30

meters in front of their assigned polling place. In such a case, the poll clerk shall prepare a

list of voters within 30 meters in front of the polling place and intending to vote. These

voters shall be allowed to cast their votes upon being called by the poll clerk, in the order in

which they are listed.73

69







42. Can a voter vote if he/she was included by the poll clerk in the list of voters who will be allowed to vote past 6:00 p.m., but fails to respond to the poll clerk’s call to vote?

Each name shall be called by the poll clerk three (3) times. Any voter who is not present

when called shall NOT be allowed to vote at a later time.74

43. Will the PCOS accept ballots fed to the system prior to the printing of the zero‐vote document?

No. The PCOS shall not accept any ballot fed until the zero‐vote document is printed.

44. Who may vote?

The following are entitled to vote:

a. All registered voters whose names appear in the Posted Computerized Voters List

(PCVL) or Election Day Computerized Voters List (EDVCL), or whose registration

records have not been cancelled or deactivated, may vote in the election75

; and

b. Detainees, whose registration records are not deactivated/cancelled, including

those76

:

� confined in jail, formally charged for any crime/s and awaiting/undergoing trial;

� serving a sentence of imprisonment for less than one (1) year; or

� whose conviction of a crime involving disloyalty to the duly constituted

government such as rebellion, sedition, violation of the firearms laws or any

crime against national security or for any other crime is on appeal.

The rules and regulations on detainee voting in connection with the May 10, 2010 national

and local elections are contained in COMELEC Resolution No. 8811 promulgated on 30

March 2010.

74





45. How does a voter obtain a ballot?

The voter must look for his name in the PCVL posted at the door of the precinct. The voter

must take note of his/her precinct number and sequence number.

Source: Elections 101: Nutshelling the Automated Elections of 2010, presented by COMELEC during the

PHILJA’s Experts’ Meeting on the Election Law Training Curriculum for RTC Judges (14 April 2010, Hyatt

Manila)

The voter will then approach the BEI or support staff‐in charge of his/her assigned precinct,

and give his/her complete name, sequence number, address, proof of identification, and

relevant information.

The BEI shall then establish the identity of the voter by:

a. Verifying whether the voter’s name is in the EDCVL;

b. Checking the voter’s resemblance to the photograph in the EDCVL;

c. Verifying his photograph or specimen signatures in the Voter’s Registration

Record;

d. Verifying if the voter is identified under oath by any member of the BEI;

e. Verifying the voter’s identity through any authentic document that may establish

his identity, EXCEPT barangay certificates or community tax certificates.

Upon successfully verifying the voter’s identity, the BEI shall direct the voter to the BEI

Chairman for the issuance of the ballot.77

77



Key Points for the BEI Chairman:

� Before issuing a ballot, the BEI Chairman will check if the voter’s fingers have not yet been stained by indelible ink.

� If stained, the voter will be presumed to have voted and shall be asked to leave the polling place.

X If unstained, the BEI chairman will sign the EDCVL and the front of the ballot in the designated space.

� The ballot must be placed inside the Ballot Secrecy Folder in such manner as would cover the face of the ballot, revealing only the portion where the BEI Chairman’s signature is located.78

46. What happens if the BEI Chairman fails to authenticate the ballot by affixing his/her signature in the space dedicated for the purpose?

Failure of the BEI Chairman to authenticate the ballot shall not be a cause for the

invalidation of the ballot. However, he/she shall be charged with an election offense.79

47. Can any other BEI member issue a ballot to a registered voter?

No. Only the BEI Chairman can issue ballots.80

48. Can a voter or watcher challenge a voter? On what grounds?

Any voter or any watcher may challenge any person offering to vote for:

a. Not being registered;

b. Using the name of another; or

c. Suffering from an existing disqualification81

78


COMELEC Resolution No. 8786 (4 March 2010), Section 35, also Batas Pambansa Blg. 881 (1985), Section 261 (bb) (2). 80



.


Election Offense

Any voter or any watcher may also challenge any voter offering to vote on the ground that

he/she:

a. Received or expects to receive, paid, offered, or promised to pay, contributed,

offered, or promised to contribute money or anything of value as consideration for

his vote or for the vote of another; or

b. Made or received a promise to influence the giving or withholding of any such

vote; or

c. Made a bet or is interested, directly or indirectly, in a bet that depends upon the

results of the election82

.

The following may be charged with an election offense: 1. A person who votes in an election BUT: ‐ is not a registered voter, or

‐ who being registered, votes more than once in the same election.83

‐ makes it possible for the number of votes cast to exceed the number of

registered voters shall likewise be liable for an election offense,

2. Any BEI member who:

84

‐ issues an official ballot to a person not qualified to be issued an official ballot,

85

49. What shall the BEI do when a challenge is raised?

‐ fails to authenticate the ballot.

When a challenge is raised, the BEI shall:

a. require proof of registration, identity, or qualification; and

b. identify the challenged voter through his photograph, fingerprint, or specimen

signatures in the VRR or EDCVL. In the absence of any of the proof of identity

82


Batas Pambansa Blg. 881 (1985), Section 261 (z) (2). 84


Batas Pambansa Blg. 881 (1985), Section 261 (z) (20).

ELECTION OFFENSE


mentioned, any BEI member may identify under oath a voter and such act shall be

reflected in the Minutes.86

50. What shall the challenged voter do in these instances?

In order to be allowed to vote, the challenged voter shall take an oath before the BEI that

he has not committed any of the acts alleged in the challenge. Otherwise, the challenge

shall be sustained and the voter shall not be allowed to vote.87

All challenges, oaths taken in connection therewith, and the BEI’s decision in all such

challenges shall be recorded in the Minutes.

88

51. What happens if the challenge to a voter is sustained?

No ballot shall be issued to the voter and he/she shall be asked to leave the polling place.89

52. What happens if the challenge to a voter is dismissed?

The voter shall be allowed to vote90

53. How does a voter accomplish his/her ballot?

, provided none of the voter’s fingers is stained by

indelible ink.

A voter shall accomplish his/her ballot by SHADING FULLY the appropriate oval

corresponding to the name of the desired candidate in the ballot using the special marker

provided by the COMELEC. After the voter finishes shading all the ovals corresponding to

the names of his/her desired candidates for every position, he/she shall affix his/her thumb

mark in the space provided for in the voting record.91

Figure 2: Samples of Shading

Source: Elections 101: Nutshelling the Automated Elections of 2010, presented by COMELEC during the PHILJA’s Experts’ Meeting on the Election Law Training Curriculum for RTC Judges (14 April 2010, Hyatt Manila)

86








54. What happens if the voter shades and chooses more than the number of required candidates to be voted for a particular position?

When the voter shades and votes for candidates in excess of the number of required votes

for candidates in a specified position, OVERVOTING occurs.

For example, if the voter shades and, in effect, votes for two candidates both running for

President, OVERVOTING occurs.

55. What happens if the voter shades and chooses less than the number of required candidates to be voted for a particular position?

When the voter shades and votes for candidates less than the number of required votes for

candidates in a specified position, UNDERVOTING occurs.

For example, if the voter shades and votes for only 5 candidates to signify his votes for the

Senatorial contest, which is less than the 12 maximum allowed votes for the contest,

UNDERVOTING occurs.

56. How does a voter insert a ballot into the PCOS?

The voter may insert his/her ballot into the PCOS in any orientation or direction as the

dimensions of the PCOS feeder shall permit. There are four orientations in which the ballot

may be fed into the PCOS.92

92


Key Points For Voters: � Be careful in the marking of any ovals, especially those which

do not correspond to your choice.

� Do not fold or crumple the ballot.

� Keep the ballot clean. There should be no stains, smudges or any other marks in the ballot.

� Never show the ballot to anyone.


Figure 3: Location of Feeder in the PCOS Machine

57. What happens if there is overvoting?

The votes cast for the OVERVOTED position will not be recognized and counted by the

PCOS. The votes cast for the other positions, however, shall be recognized and counted by

the PCOS, as long as no OVERVOTING occurs in such other positions.

58. What happens if there is undervoting?

UNDERVOTING is fine. In such a case, the PCOS will only count the votes cast for the

candidates as chosen by the voter.

59. Can a voter obtain a new ballot in case he/she makes a mistake in casting his/her votes?

No. The ballots shall be provided to each voter at the rate of ONE BALLOT PER VOTER

only.93

60. How does the voter cast his/her accomplished ballot?

After voting, the voter shall approach the PCOS and insert the accomplished ballot in the

ballot entry slot. The PCOS screen shall display, “CONGRATULATIONS. YOUR VOTE HAS

BEEN REGISTERED” to indicate that the PCOS accepted the ballot. The BEI shall monitor

the PCOS screen to make sure that the ballot was successfully accepted.94

After, the voter must return the ballot secrecy folder and marking pen to the BEI

Chairman. An indelible ink will be applied to the voter’s finger, and he/she shall affix his/her

thumb mark in the EDCVL.

95

93

Republic Act No. 8436, Section 14 which provides that a voter spoiling his/her ballot may be issued another ballot, subject however

that the voter shall not change his/her ballot more than once, has been amended by Republic Act No. 9369 (2007), Section 15 which

provides that COMELEC shall provide procedure in voting and omitted the specific proviso in Section. 14 on spoiling. See also




FEEDER


When casting his/her vote, it shall be UNLAWFUL for a voter to96

X Bring the ballot, ballot secrecy folder, or marking pen outside of the polling place;

:

X Speak with anyone other than as herein provided while inside the polling place;

X Prepare his ballot without using secrecy folder or exhibit its contents;

X Fill his ballot accompanied by another, except in the case of an illiterate or person with disability /disabled voter;

X Erase any printing from the ballot or put any distinguishing mark on the ballot;

X Use carbon paper, paraffin paper, or other means of making a copy of the contents of the ballot, or otherwise make use of any other scheme to identify his vote, including the use of digital cameras, cellular phones with camera or similar gadgets;

X Intentionally tear or deface the ballot; and

X Disrupt or attempt to disrupt the normal operation of the PCOS.

Please note that election offenses are not limited to the above list. Please refer to the

discussion under item XII entitled “Election Offenses”.

61. Are there cases when the PCOS will reject ballots? What are these cases?

Yes. There are three reasons a PCOS will give for rejecting ballots. These reasons shall be

displayed on the PCOS’ electronic display97

62. What shall the voter do in case his/her ballot is rejected by the PCOS machine?

:

a. Ambiguous Mark,

b. Misread Ballot,

c. Invalid Ballot

The voter should do the following, depending on the reason given for rejecting the ballot:

96



ELECTION OFFENSE


Reason for Rejection To Do Last Option (if PCOS still does not accept the

ballot being fed)

Ambiguous Mark Check if the ovals corresponding to

desired candidate were fully shaded

If not, fully shade all those which are not

fully shaded

Return the Ballot to the BEI

Chairman

AND/OR

Register objection to the rejection

of the ballot in writing, and attach

and note in the Minutes of

Voting.98

Misread Ballot

Re‐feed the ballot in different

orientations

Invalid Ballot Check if the ballot belongs to the same

precinct in which the voter is voting

If so, re‐feed the ballot in different

orientations

63. What shall the BEI do with rejected ballots?

The BEI Chairman shall:

a. distinctly mark the ballot at the back as “Rejected”;

b. ask all BEI members to sign the back portion with the notation;

c. place all rejected ballots inside the envelope for rejected ballots (A15).99

64. Can a voter whose ballot is rejected be issued a replacement ballot?

No. No replacement ballot shall be issued a voter whose ballot is rejected by the PCOS.100

Election Offenses with respect to ballots: 1. use of ballots other than the official ballots101

2. use of ballots other than that provided by the BEI

102

3. unauthorized printing

103

4. unauthorized distribution thereof of ballots that appear as official ballots

104

98








ELECTION OFFENSE


65. May an illiterate and person with disability/disabled voter be allowed to be assisted by other persons? Yes. An illiterate and person with disability/disabled voter may be allowed to be assisted

by other persons provided that such fact is indicated in the Election Day Computerized

Voters List (EDCVL) or Voter’s Registration Record (VRR).

If so, he/she may be assisted in the preparation of his/her ballot. A person with physically

impaired capacity to use the AES may also be assisted in feeding his/her ballot into the

PCOS. 105

66. Who can assist an illiterate and person with disability/disabled voters?

The following can assist an illiterate and person with disability/disabled voter:

a. relative within the fourth civil degree of consanguinity and affinity;

b. any person of the voter’s confidence who belongs to the same household; or

c. any member of the BEI.106

All assistors must be of voting age.

107

The assistor must also be authorized by the voter to help him cast his vote.

108

67. May the same assistor help all the disabled voters in his precinct?

No. Unless the assistor is a BEI member, he/she may only assist up to three (3)

illiterate/disabled voters.109

68. What are the requirements before an assistor can help prepare ballots for illiterate and person with disability/disabled voters?

The assistor must execute an oath in writing that he/she shall accomplish the ballot strictly

in accordance with the wish of the voter and shall refrain from revealing the contents

thereof by affixing his/her signature in the appropriate space in the Minutes.

In assisting the voter in accomplishing the ballot, the assistor shall use a ballot secrecy

folder and shall accomplish the ballot strictly in accordance with the preference of the

illiterate/disabled voter.110

105

COMELEC Resolution No. 8786 (4 March 2010), Section 31 (1) and (2). 106







69. What is the procedure for preparing ballots for illiterate and person with disability/disabled voters? Ballots for illiterate and person with disability/disabled voters shall be prepared in the

following manner: 111

Figure 4: Procedure in Assisting Disabled/Illiterate Voters

70. Is it possible for a precinct to run out of ballots with voters still remaining to vote?

Yes.112

111



Poll clerk will verify

authority of the assistor

Assistor shall prepare (in

the presence of the voter)

the ballot using a ballot

secrecy folder .

Assistor shall ensure that

the contents of the ballot

are not displayed during the feeding of

the same into the PCOS.

The assistor shall sign in

the appropriate space in the

Minutes.

Poll clerk must ensure

that the person voting

as illiterate and person

with disability/disabled

is indicated as such in

the EDCVL or VRR.


71. Can the voter still vote if his/her assigned precinct has run out of ballots? How?

Yes. In such a case, the BEI Chairman shall observe the following steps:

a. Remove the sticker seal of the PCOS box and open the PCOS box;

b. Issue a Certification to the voter, which states that the voter is a registered voter of

the precinct but there are no more available ballots with the precinct for use of the

affected voter;

c. Record such facts in the Minutes; and

d. Request the Third Member to accompany the voter to the next precinct belonging

to the same councilor district, where the affected voter shall cast his/her vote.

72. What will the BEI Chairman of the next precinct do in such case?

The BEI Chairman shall113

b. Record in the Minutes the name of the voter, his precinct number, and the fact

that a Certification has been issued by the Chairman of that precinct that there are

no more available ballots for use in such precinct;

:

a. Require the voter to present the Certification issued by the Chairman of the

precinct where the voter was originally assigned;

c. Write the name of the voter in the EDCVL indicating opposite such voter’s name

the voter’s original assigned precinct number;

d. Before issuing a ballot to the voter, remove the sticker seal of the PCOS box and

open the PCOS box; and

e. Ensure that the voter observes the proper procedure for voting.

73. How should a person conduct himself within the polling place during Election Day?

Anyone within the voting premises and during Election Day must conduct himself in such

manner as would ensure that the election is conducted peaceably and orderly.

113

COMELEC Resolution No. 8786 (4 March 2010), Section 37 (e).


74. What happens to unused ballots, if any?

After the voting, the BEI Chairman, in the presence of other BEI members, shall114

c. Place one half (1/2) in the envelope (A15), and submit to the Election Officer for

safekeeping;

:

a. Record in the Minutes the quantity of unused ballots;

b. Tear the unused ballots in half lengthwise;

d. Place the other half in another envelope for the purpose and then deposit inside the

compartment of the ballot box for valid ballots.

These facts shall be entered in the Minutes.

The following conduct inside the polling place constitutes an election offense:

� Acting in such a disorderly manner as to interrupt or disrupt the work or proceedings to the end of preventing the BEI or BOC during any of its meetings from performing its functions;115

� Carrying out threats, intimidation, terrorism, use of fraudulent devices or other forms of coercion;

116

� Bringing of deadly weapons into the polling place and within a 100 meter radius from the polling place, without having been so authorized by COMELEC;

117

� Employing 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;

118

� Compelling a voter to reveal how such voter voted;

119

� Interfering with another’s exercise of his right to vote;

� Arresting or detaining a voter without lawful cause;120

� Molesting a voter 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.

121

114


Batas Pambansa Blg. 881 (1985), Section 261 (bb) (4). 116

Batas Pambansa Blg. 881 (1985), Section 261 (e). 117

Batas Pambansa Blg. 881 (1985), Section 261 (p). 118





ELECTION OFFENSE


VI. COUNTING OF VOTES

75. When and where should the BEI start counting the votes?

As soon as the voting is finished, the BEI shall publicly begin counting the votes in the

polling place and ascertain the results.122

76. Can the BEI rearrange the physical set up of the polling place?

Yes. The BEI may rearrange the physical set up of the polling place for the counting or any

other activity with respect to the transition from voting to counting but only in the

presence of the watchers and within the close view of the public.

At all times, the ballot boxes and all election documents and paraphernalia shall be within

the close view of the watchers and the public.123

77. Can the BEI transfer the place of counting?

The COMELEC may authorize the BEI to count the votes in another public building as long

as:

a. it is located in the same municipality or city;

b. the public building is not located inside a military or police camp, or headquarters

nor within a prison or detention bureau or any law enforcement or investigation

agency124

c. the transfer is needed on account of imminent danger of widespread violence or

similar causes of comparable magnitude;

;

d. the transfer is recommended in writing by the BEI by UNANIMOUS vote and

endorsed in writing by the majority of watchers present.

78. What are the procedures to start the counting of the votes?

122

Batas Pambansa Blg. 881 (1985), Section 206, as amended by Republic Act 9369 (2007), Section 35. 123

Batas Pambansa Blg. 881 (1985), Section 206, as amended by Republic Act 9369 (2007), Section 35. 124

Batas Pambansa Blg. 881 (1985), Section 206, as amended by Republic Act 9369 (2007), Section 35.

BEI shall perform

the closing function

of the PCOS

BEI shall connect the

transmission cable

function of the PCOS

The BEI shall enter the

iButton Security Key and

the PINs of the poll clerk

and the third BEI member.

The PCOS will

validate the PIN and

shall close the POLL.

The PCOS shall

automatically count

the votes .


79. What are the next steps immediately after all the votes have been counted?

After all the votes have been counted, the PCOS shall request if the BEI would like to

digitally sign the transmission files with a BEI signature key. The BEI shall select “NO” and

the PCOS shall immediately print eight (8) ER copies for National Positions. The PCOS will

then ask if the BEI would like to print more copies of the ER, the BEI shall select “NO” and

the PCOS shall immediately print eight (8) ER copies for Local Positions. The PCOS will

then ask if the BEI would like to print more copies of the ER, the BEI shall again select

“NO”.

80. What are the next steps after printing eight (8) copies of the ER?

The BEI shall detach the eight (8) copies of the ER from the PCOS and the members of the

BEI shall affix their signatures and thumb marks thereon. The BEI shall ask the watchers

present to affix their signatures on the printed ERs, place each copy of the ERs in its

corresponding envelope, and seal it with a paper seal.

81. What are the next steps after the ER has been signed and sealed?

The BEI Chairman shall publicly announce the results. The poll clerk shall post the second

copy of the ER within the premises of the polling place/counting center which must be

accessible to the public.125

82. After the BEI Chairman publicly announces the total number of votes received by each candidate and the posting by the poll clerk of a copy of the ER, what are the next steps of the BEI?

The BEI shall transmit the results.

83. What if a member of the BEI refuses to sign the ER?

If any BEI member refuses to sign the ER, the BEI Chairman shall note the same in each

copy of the printed ER. The BEI member concerned, refusing to sign, shall be compelled to

explain his/ her refusal to do so. Failure to explain an unjustifiable refusal to sign each copy

of the printed ER by any BEI member shall be punishable as provided under the law.126

84. What happens if the PCOS fails to count the votes or transmit/print the results?

In case the PCOS fails to count the votes or transmit/print the results, the Operator shall

announce the error and undertake the necessary corrective measures. Should the

Operator be unable to correct the error, he shall call on the Technical Support personnel

assigned to the Voting Center for assistance. Such fact shall be noted in the Minutes.

125

COMELEC Resolution No. 8739 (29 December 2009), Section 38 (6) (b). 126

Republic Act No. 8436 (1997), Section 22, as amended by Republic Act No. 9369 (2007), Section 19.


85. What happens in case there are more votes than Voters?

Votes in the precinct/clustered precinct corresponding to the number of voters who

actually voted, which shall not be more than the number of registered voters plus the

number of BEI members and their support staff as specified by the COMELEC, shall be

counted.127

86. What will happen if the BEI shall fail to deliver any of the election documents or paraphernalia required to be delivered?

The Provincial Election Supervisor, Election Officer or the Treasurer shall require the BEI

which failed to deliver the election documents or paraphernalia to deliver the same

immediately.

87. What will happen if the Ballot Box delivered by the BEI is not locked or sealed?

In case the ballot box is not locked and/or sealed, the Treasurer shall lock and/or seal the

ballot box and this shall be included in his report to the COMELEC.128

88. Can a manual counting of votes be conducted?

Yes. The COMELEC may resort to manual counting of the votes in case the automated

counting system fails.129

89. What are instances where a manual count should be conducted instead of using another PCOS machine?

A manual count should be conducted instead of using another PCOS machine in case the

failure of the automated counting are not machine‐related such as in the case where the

errors in counting were due to the misprinting of ovals and the use of wrong sequence

codes in the local ballots, which will certainly result in an erroneous count and subvert the

will of the electorate.130

127

General Policies, Rules and Guidelines (2009), Section 4 (1) (1). 128

COMELEC Resolution No. 8739 (29 December 2009), Section 41 (d). 129

Maruhom v. COMELEC, G.R. No. 139357, 5 May 2000. 130

Tupay Loong v. COMELEC, G.R. No. 133676, 14 April 1999.


VII. ELECTION RETURNS 90. What is an election return (ER)?

An ER is a document in electronic and printed form directly produced by the counting or

voting machine 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 in areas

where AES is utilized.131

91. At what point of the election process is an ER produced?

An ER is produced after the BEI has undertaken the procedures to close the voting, for

counting of ballots and transmission of results.132

92. What are the procedures to be followed in (a) closing the voting and counting of ballots, and (b) printing and transmitting the ER?

The step‐by‐step procedures for (a) closing the voting and counting the ballots, and (b)

printing and transmitting the ER are found below133

Press “CLOSE VOTING” option in the Main Menu

Select the “Yes” option when the “ARE YOU

SURE YOU WANT TO CLOSE THE VOTING?”

prompt appears.

PCOS to request and validate the PIN of the poll

clerk.

PCOS to request and validate the PIN of another

poll clerk.

PCOS to display the message: “POLL IS

BEING CLOSED PLEASE WAIT.”

:

Figure 5: Closing the Voting and Counting the Ballots

131

Republic Act No. 8436 (1997), as amended by Republic Act No. 9369 (2007), Section 2 (4). 132




The PCOS shall display:“PRINTING 8 COPIES OF ELECTION RETURNS

(ER) FOR NATIONAL POSITIONS… PLEASE WAIT” and “PRINTING 8 COPIES OF ELECTION RETURNS FOR LOCAL POSITIONS. PLEASE

WAIT…”

The BEI publicly announces the total number of votes obtained by each candidate

and their corresponding offices.

The poll clerk announces the posting of a second copy of the ER both for national and local positions (a wall within the premises of

the polling place/counting center)

Ensure that the ERs are posted in a place that are sufficiently lighted and

accessible to the public

Each BEI member inserts his iButton security key intended for the digital signature in the iButton security key

receptacle.

The PCOS will display: “READY TO TRANSMIT. PLEASE PLUG IN TRANSMISSION CABLE TO

ELECTRONICALLY TRANSMIT ELECTION REPORTS AND PRESS OK TO CONTINUE.”

Is modem properly connected?

Machine will display: “TRANSMISSION CABLE NOT CONNECTED, RETRY?”. Check the PCOS. After three (3) failed

attempts, call support technician.

PCOS will display: “TRANSMISSION CABLE CONNECTED. BEGINNING

TRANSMISSION OF REPORTS.”

PCOS will display: “ELECTRONICALLY

TRANSMITTING ELECTION REPORTS TO <name of BOC

server> PLEASE WAIT…”

Followed by: “ELECTION REPORTS SUCCESSFULLY TRANSMITTED TO <name of BOC server>. Or “FAILED TO

TRANSMIT ELECTION REPORTS TO <name of BOC server>. PRESS RETRY TO TRY AGAIN OR SKIP TO

TRANSMIT TO NEXT LOCATION.” (if after three (3) failed attempts, press the “SKIP” button for the PCOS to transmit to

the next destination.

Message: “ALL ELECTION REPORTS HAVE BEEN SUCCESSFULLY TRANSMITTED TO <name of BOC server>, DMAP-DMIP-ACA-

KBP AND TO CENTRAL SERVER. PLEASE DISCONNECT TRANSMISSION CABLE”.

The PCOS shall print (1) the remaining twenty-two (22) copies of ERs, (2) a copy of statistical report and (3) audit log report. The Statistical Report and Audit Log report shall be placed in the envelope (Election Form 180A) where the

Initialization Report was placed.

Are additional copies of the report needed?

Select “PRINT REPORTS”. The PCOS will display the message

“PLEASE SELECT WHICH REPORT YOU WOULD WANT TO

PRINT.”

Select report to print.

The PCOS will display: “PLEASE ENTER THE NUMBER OF COPIES

TO PRINT.”

Press the number of copies to print and press “ENTER”. The PCOS will display “PRINTING

<no. of copies> COPIES OF REPORT. PLEASE WAIT.”

After printing, the PCOS will automatically display the main menu.

After printing the reports, the BEI members shall affix their signatures and thumbmarks over the printed ERs. The BEI shall ask the watchers

present to affix their signatures on the printed election returns.

End

NO

YES

YES

NO

Figure 6: Printing and Transmitting the ERs


93. How are the copies of ER distributed? After the printing of the ERs, the BEI shall individually fold the first eight (8) copies of the

ERs, seal each of them with serially numbered paper seals, place them in the envelope

(Election Form No. A17), and seal the envelopes for distribution to the following: 134

Copy Election of the President, Vice‐President, Senators

and Party‐list System

Copy Election of Local Officials and Members of the House of

Representatives

1st

City or municipal board of

canvassers 1

st City or municipal board of canvassers

2nd

Congress, directed to the

President of the Senate 2

nd COMELEC

3rd

COMELEC

3

rd Provincial board of canvassers

4th

Citizens' arm authorized by the

COMELEC to conduct an unofficial

count

4th

Citizens' arm authorized by the COMELEC to

conduct an unofficial count

5th

Dominant majority party as

determined by the COMELEC 5

th Dominant majority party as determined by

the COMELEC in accordance with law

6th

Dominant minority party as

determined by the COMELEC 6

th Dominant minority party as determined by

the COMELEC in accordance with law 7

th

Ballot box 7

th One (1) to be posted conspicuously on a wall

within the premises of the polling place or

counting center

8th

Provincial Board of Canvassers 8th

Ballot box

9th

to 18th

Ten (10) accredited major national

parties, excluding the dominant

and minority parties, in accordance

with a voluntary agreement

among them.

9th

to 18th

Ten (10) accredited major national parties,

excluding the dominant and minority parties,

in accordance with a voluntary agreement

among them.

19th

to 20

th

Two (2) accredited major local

parties in accordance with a

voluntary agreement among them.

19th

to 20

th

Two (2) accredited major local parties in

accordance with a voluntary agreement

among them.

21st

to 24

th

Four (4) national broadcast or print

media entities as may be equitably

determined by the COMELEC in

view of propagating the copies to

the widest extent possible

21st

to 25

th

Five (5) national broadcast or print media

entities as may be equitably determined by

the COMELEC in view of propagating the

copies to the widest extent possible

25th

to 26

th

Two (2) local broadcast or print

media entities as may be equitably

determined by the COMELEC in

view of propagating the copies to

the widest extent possible

26th

to 27

th

Two (2) local broadcast or print media

entities as may be equitably determined by

the COMELEC in view of propagating the

copies to the widest extent possible

27th

to 30

th

Four (4) major citizens’ arms,

including the accredited citizens’

arm and other non‐partisan groups

or organizations enlisted by the

SEC pursuant to Section 52(K0 of

B.P. Blg. 881. Such citizens’ arms,

groups and organizations may use

28th

to 31

st

Three (3) major citizens’ arms, including the

accredited citizens’ arm and other non‐

partisan groups or organizations enlisted by

the SEC pursuant to Section 52(K0 of B.P.

Blg. 881. Such citizens’ arms, groups and

organizations may use the four certified

copies of election returns for the conduct of

134



Copy Election of the President, Vice‐President, Senators

and Party‐list System

Copy Election of Local Officials and Members of the House of

Representatives the four certified copies of election

returns for the conduct of citizens’

quick counts at the local or

national levels

citizens’ quick counts at the local or national

levels

31st

One (1) to be posted conspicuously

on a wall within the premises of

the polling place or counting

center

94. What will the procedure be if the parties could not reach an agreement as to the copies distributed to the accredited major national and local parties?

If no such agreement is reached, the COMELEC shall decide which parties shall receive the

copies on the basis of the criteria provided in Section 26 of Republic Act No. 7166.135

135


The following are the criteria provided in Section 26 of R.A. No. 7166 for choosing the parties:

a. The established record of the parties or coalition of groups that compose them, taking into account, among other things, their showing in past elections;

b. The number of incumbent elective officials belonging to them ninety (90) days before the date of election;

c. Their identifiable political organizations and strengths as evidenced by their organized/chapters;

d. The ability to fill a complete slate of candidates from the municipal level to the position of President; and

e. Other analogous circumstances that may determine their relative organizations and strengths.


95. Will a copy of the ERs be posted within the polling place or counting center? If so, when should such copy be posted?

Yes. After the PCOS has printed eight (8) copies of the ERs both for national and local

positions, the poll clerk shall announce the posting of a copy of the second copy of the ER

both for national and local positions on a wall within the premises of the polling

place/counting center, which must be sufficiently lighted and accessible to the public, and

proceed to post such copies.136

96. How long will such election returns be posted?

Said copies of the ERs will be posted for forty‐eight (48) hours.137

97. Will the public be allowed to take photos of the copy posted in the polling place or counting center?

Yes. Any person may view or capture an image of the ER by means of any data capturing

device like cameras, at any time of the day for forty‐eight (48) hours following its posting.

138

98. Can the public request for copies of the ER?

Yes. Additional copies not to exceed thirty (30) may be printed and given to requesting

parties at their own expense.139

99. What happens after the 48‐hour posting period?

After the forty‐eight (48) hour period lapses, the BEI Chairman shall detach said ER from

the wall and keep the same in his custody to be produced as may be requested by any

voter for image or data capturing or for any lawful purpose as may be ordered by any

competent authority. 140

136

COMELEC Resolution No. 8786 (4 March 2010), Section 40 (p). 137

Republic Act No. 7166 (1997), Section 27, as amended by Republic Act No. 9369 (2007), Section 33; COMELEC Resolution No. 8786 (4

March 2010), Section 40 (q). 138

Republic Act No. 7166 (1991), Section 27, as amended by Republic Act No. 9369 (2007), Section 33; COMELEC Resolution No. 8786 (4

March 2010), Section 40(q). 139

Republic Act No. 7166 (1991), Section 27, as amended by Republic Act No. 9369 (2007), Section 33. 140

Republic Act No. 7166 (1991), Section 27, as amended by Republic Act No. 9369 (2007), Section 33. COMELEC Resolution No. 8786 (4

March 2010), Section 40(q).


VIII. POST‐COUNTING AND POST‐TRANSMISSION PROCEDURES

100. What shall the BEI do next upon the termination of the counting of votes and the

announcement of the results of the election in the precinct?

Place inside the ballot box copies of

the printed ER and Minutes of

Testing and Sealing; voting and

Counting of Votes intended for the

ballot box; Half of torn unused

ballots; and Rejected Ballots.

Close the ballot box; lock it with one

(1) serially numbered seal with steel

wire and three (3) padlocks.

Place the keys to the padlocks in

separate enveloped, which must be

sealed ad signed by all members of

the BEI.

Remove the main memory from the

PCOS, place it inside an

envelope and seal it.

Label the envelope as

“TRANSMITTED” or “NOT

TRANSMITTED” and submit it to

the Reception and Custody Group

of the City/Municipal Board of

Canvassers.

Turn‐over the PCOS to the Support

Technician in the voting center.

Deliver to the Election Officer the

following documents:

Book of Voters; EDCVL; PCVL; Three (3)

envelopes, each containing a key to a

padlock of the ballot box; Envelope

(A11) containing the copy of the

Minutes intended for the COMELEC;

Envelope (A15) containing the other half

of torn unused official ballots; List of

Voters allowed to vote, if any, after 6:00

o’clock; Envelope containing

Initialization Report, Precinct Audit Log

Report and Precinct Statistics Report;

election returns intended for the

Provincial Board of Canvassers, Regional

Board of Canvassers and the

Commission on Elections; envelope

containing the main memory card for

use by the MBOC in case of failure of

transmission; Other documents

;

Deliver the ballot box, accompanied by

watchers to the city or municipal

treasurer. In case the ballot box is not

locked and/or sealed, the treasurer shall

lock and/or seal it. The treasurer shall

include such fact and the serial number

of the self‐locking serially numbered

fixed length seal used, in his report to

the COMELEC.

Figure 7: Steps after termination of counting of votes and announcement of results


After the counting of votes, the Provincial Election Supervisor, Election Officer or the

Treasurer, shall require the BEI which failed to deliver the election documents or

paraphernalia to deliver the same immediately. The procedure for the delivery and

transmittal of printed copies of election returns are provided in COMELEC Resolution No.

8803 promulgated on 16 March 2010.

101. What will the Election Officer do with the EDCVL and the PCVL?

The Election Officer shall keep the EDCVL and the PCVL in a safe place until such time that

the COMELEC gives instructions for their disposition.141

102. What should the BEI do if it omits or erroneously includes documents in the ballot box?

Instead of opening the ballot box to place the omitted documents or articles, the BEI shall

deliver the same to the Election Officer. The Election Officer shall take appropriate

measures to preserve the integrity of the documents.142

141




IX. CANVASS

A. The Board of Canvassers (BOC)

103. For which areas should there be constituted a BOC and who exercises supervision and control over the BOC?

There shall be a BOC in each municipality, city, province, and in each legislative district

comprising two (2) municipalities/cities.143

The COMELEC shall have direct control and supervision over the BOCs and may motu proprio relieve, for cause, at any time, any member and designate a substitute.

144

104. What is the composition of the BOC in the different levels?

The BOCs at the different levels shall be composed as follows:

Board of Canvassers Composition

National BOC for

President and Vice‐

President

Senate and the House of Representatives in joint public session

National BOC for

Senators and Partylist

Representatives

Chairman and members of the COMELEC sitting en banc

PBOC Provincial Election Supervisor or a COMELEC representative, as

Chairman; the Provincial Prosecutor, as Vice‐Chairman; and the

District School Superintendent, as Member145

MBOC

Election Officer or a COMELEC representative, 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

City BOC City Election Officer or a COMELEC lawyer, as Chairman; the City

Prosecutor, as Vice‐Chairman; and the Division Superintendent of

Schools, as Member

Note: In cities with more than one Election Officer, the COMELEC

shall designate the Election Officer who shall act as Chairman.146

143


COMELEC Resolution No. 8809 (30 March 2010) Section 2. 145

COMELEC Resolution No. 8809 (30 March 2010), Section 5; Republic Act No. 6646 (1988), Section. 20 (a) states that the provincial

BOC shall be composed of the provincial election supervisor or a lawyer in the regional office of the COMELEC, as chairman, the

provincial fiscal, as vice‐chairman, and the provincial superintendent of schools, as member. 146

COMELEC Resolution No. 8809 (30 March 2010), Section 4; Republic Act No. 6646 (1988), Section 20 (b) states that the city BOC

shall be composed of the city election registrar or a lawyer of the COMELEC, as chairman, the city fiscal, as vice‐chairman, and the

city superintendent of schools, as member. In cities with more than one election registrar, the COMELEC shall designate the election

registrar who shall act as chairman.


District BOC

(for legislative districts of Metro Manila comprising two (2) cities or municipalities)

City Election Officer or a COMELEC lawyer, as Chairman; the City

Prosecutor, as Vice‐Chairman; and the City Superintendent of

Schools, as Member

105. Is the composition of the BOCs affected by the AES?

No. The composition of the BOCs, whether it be provincial, city, or municipal, is not materially affected by Republic Act No. 9369.

However, to implement the AES, each BOC shall be assisted by an information

technology‐capable person authorized to operate the equipment adopted for the

elections. The COMELEC shall deputize an information technology personnel from among

the agencies and instrumentalities of the government, including government‐owned and

controlled corporations.147

This information technology‐capable person shall be known as CCS operator. The CCS

operators shall be designated by the Provincial Election Supervisor concerned, in the case

of the city BOC/municipal BOC outside the National Capital Region (NCR), and by the NCR

Regional Election Director in the case of the city, municipal and district BOC in the NCR.

The Regional Election Director concerned shall designate the CCS operator in the case of

the PBOC in regions outside the NCR.

148

106. Who is disqualified from being a CCS Operator?

One who is related within the fourth civil degree of consanguinity or affinity to any

member of the BOC, which he will assist, or to any of the candidate, whose votes shall be

canvassed by the BOC which he will assist, is disqualified from being a CCS Operator.149

107. Who are disqualified from being BOC members?

Those related within the fourth civil degree of consanguinity or affinity to any of the

candidates, whose votes will be canvassed by said BOC, or to any member of the same

BOC, shall be disqualified from being a BOC Chairman or member.150

147




Batas Pambansa Blg. 881 (1985), Section 222.


108. What happens if the BOC Chairman or member is not available, absent, disqualified due to relationship, or is incapacitated for any cause?

In these instances, a ranking COMELEC shall be appointed as substitute.151

BOC

For other BOC members, the COMELEC shall appoint as substitute the following in the

order named:

Substitute

PBOC a. Provincial Auditor,

b. Register of Deeds,

c. Clerk of Court nominated by the Executive Judge of the Regional

Trial Court, and

d. other available appointive provincial official

CBOC a. City Auditor,

b. Register of Deeds,

c. Clerk of Court nominated by the Executive Judge of the Regional

Trial Court, and

d. other available appointive city official

MBOC a. Municipal Administrator,

b. Municipal Assessor,

c. Clerk of Court of the Municipal Trial Court nominated by the

Executive Judge of the Municipal Trial Court, or

d. any other available appointive municipal officials

District BOC of the

legislative districts in

Metro Manila

a. Next ranking Prosecutor, or

b. District Supervisor in the district152

151

COMELEC Resolution No. 8809 (30 March 2010), Section 8; Batas Pambansa Blg. 881 (1985), Section 226 states: “In case of non‐

availability, absence, disqualification due to relationship, or incapacity for any cause of the chairman, the COMELEC shall designate

the provincial or city fiscal to act as chairman. Likewise, in case of non‐availability, absence, disqualification due to relationship, or

incapacity for any cause, of such designee, the next ranking provincial or city fiscal shall be designated by the COMELEC and such

designation shall pass to the next in rank until the designee qualifies.” 152

COMELEC Resolution No. 8809 (30 March 2010), Section 8; Batas Pambansa Blg. 881 (1985), Section 226 states: “With respect to the

other members of the BOC, the COMELEC shall appoint as substitute the provincial, city or municipal officers of other government

agencies in the province, city or municipality, as the case may be, and with respect to the representatives of the accredited political

parties, the COMELEC shall appoint as substitutes those nominated by the said political parties.”


109. Who has the authority to appoint substitute members of the BOCs and what is the duty of the appointing authority with respect to his appointment of substitute BOC members?

The authority to appoint substitute BOC members shall be vested in the following:

a. Regional Election Director, for the PBOC in his region;

b. Provincial Election Supervisor, for the CBOC and MBOC in his province; and

c. Regional Election Director of the National Capital Region, for the

DBOC/MBOC/CBOC in his region.

Within twenty‐four (24) hours from issuance of the appointment of a substitute, they shall

inform the Office of the COMELEC Executive Director, in writing, about the (i)

appointment, and (ii) reason for substitution.153

110. What shall be done should a regular BOC member appear to be absent?

In case a regular BOC member is absent, the BOC members present shall first verify

whether notice has been served on the absent member. In case no such notice was sent, a

notice 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 BOC. As soon as the absent member appears, the substitute member

shall relinquish his seat in favor of the regular member.154

111. What is required and what shall be done in case a regular BOC member of the Board is incapacitated by sickness or serious injury?

In case of sickness or serious injury of a regular BOC member, 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

shall form part of the Minutes of the BOC.

Any BOC member feigning illness in order to be substituted on Election Day until the proclamation of the winning candidates shall be guilty of an election offense.155

153




ELECTION OFFENSE


112. Who shall record and prepare the Minutes of BOC proceedings?

The district school supervisor, or the principal, city or provincial superintendent of schools,

as the case may be, or any representative of the DepEd shall act as Secretary unless

otherwise ordered by the COMELEC. He shall prepare the Minutes of the BOC by recording

therein the proceedings and such other incidents or matters relevant to the canvass.156

113. How and when should the minutes of the canvassing be reported?

A certified copy of the Minutes of Canvass shall be sent by registered mail to the Law

Department of the COMELEC. Said department shall likewise be notified by telegram

indicating the date and the manner of transmittal of the Minutes of Canvass.157

114. May a BOC member be transferred, assigned or detailed outside of his official station, or leave said station without prior authority of the COMELEC during the period beginning Election Day until the proclamation of the winning candidates? Is there an exception to this rule?

The Minutes of Canvass shall be transmitted within five (5) days from termination of

canvass.

During the period beginning on Election Day until the proclamation of the winning

candidates, no BOC member or substitute shall be transferred, assigned or detailed

outside of his official station, nor shall he leave said station without prior authority of the

COMELEC.158

As an exception, the Provincial Election Supervisor in the case of MBOC or CBOC and the

Regional Election Director in the case of PBOC/DBOC may issue such authority. In either

case, a written report shall be submitted to the Law Department.

159

115. What are the functions and responsibilities of the Provincial, City, District and MBOCs?

The BOCs shall:

a. Canvass/consolidate the electronically transmitted results;

b. Generate and print the COC, COCP, and SOV;

c. Electronically transmit the result;

d. Proclaim the winning candidates; and

e. Perform such other functions as may be directed by the COMELEC.160

156



Batas Pambansa Blg. 881 (1985), Section 223; See also COMELEC Resolution No. 8809 (30 March 2010), Section 14. 159




116. What are the duties of the National BOC for President and Vice‐President?

The National BOC for President and Vice president shall electronically transmit a duly

certified COC to the Senate President.

Upon receipt of the COCs, the Senate President 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.

Upon determination of the authenticity and the due execution thereof in the manner

provided by law, Congress shall canvass all the results for president and vice‐president and

thereafter, proclaim the winning candidates.161

161

Republic Act No. 8436 (1997), Section 28, as amended by Republic Act No. 9369 (2007), Section 23; See also Sixto S. Brillantes, Jr., et al. v. COMELEC, G.R. No. 163193, 15 June 2004.


B. Manner of Canvassing

117. What procedures shall the BOC observe before the canvassing begins?

Before the canvassing begins, the BOC shall observe the following procedures:162

Show to the public and watchers that the CCS box is sealed.

Remove the plastic seal of the CCS box.

Open the CCS box.

Check whether the following are inside the CCS box: (1) CCS

Laptop Box, (2) Three envelopes containing username and

passwords

Retrieve the envelopes and USB tokens and distribute.

Retrieve the CCS laptop from its box and place it properly on top of

the table.

Figure 8: Preliminaries to Canvassing

162



118. What procedures are to be followed by the BOC during canvassing relative to the initialization of the Consolidation and Canvassing System (CCS)?

Immediately after convening, the Board shall receive from the RCG the envelope

containing the memory card for the PCOS labeled “NOT TRANSMITTED” and undertake

the following canvassing procedures:163

Plug the power cord of the laptop to the extension

cord.

Plug the extension cord to the electrical outlet or

generator.

Turn on the laptop by pressing the power button.

Hit the ENTER button in the WELCOME page of

the CCS.

Connect the USB modem extension cable to the USB port of the laptop.

Install the available SIM card provided in the USB

modem.

Connect the transmission medium to the USB

modem extension cable. Wait for one (1) minute.

Click on the network icon available in the lower right corner of the screen. Click the wireless provider and wait for the connection to

be established.

If connection cannot be established using

USB modem and BGAN kit is available

Install the BGAN SIM card in the BGAN SIM card

slot.Install BGAN battery.

Connect the power adaptor to the 2-pin cord

then to the electrical outlet. If needed, use the electrical extension cord.

Connect the power adaptor to the BGAN.

Connect the BGAN to the laptop using the network

cable.

Place the BGAN to an outdoor location with a

clear sight facing the sky.

Align the BGAN accordingly.

Turn on the BGAN by pressing the ON button.

Ensure that the BGAN is connected to the satellite

provider.

The connection icon on the lower right should indicate a successful

network connection: “Etho Connected”.

End If1

Figure 9: CCS Initialization

163

COMELEC Resolution No. 8809 (30 March 2010), Section 27 (a).


119. How is the canvassing started?

After initializing the CCS, in the “WELCOME” page, the CCS operator shall164

Check and ensure that the CCS is still online.

Click on the ENTER button.

Request the Chairman to enter his username and password in the space

provided and click ACCEPT. The screen will display the

Home page.

:

Figure 10: Starting the Canvassing

120. How are the transmissions of data from voting centers monitored by the Boards?

The municipal BOC/city BOC through the CCS Operator shall165

Click on the MONITORING option in the Home page and click MONITOR RESULTS

TRANSMISSION.

A list of barangays will appear with a colored button before each.

Red means transmission has not started yet; Yellow,

ongoing; Green, completed.

To monitor a barangay, click on a barangay name and a list of voting centers will appear.

To monitor a precinct, click the voting center where the

precinct belongs.

To update the status of transmission from the PCOS or a clustered precinct, click

UPDATE at the bottom of the screen.

Click on the MONITORING option in the Home page then

click MONITOR RESULTS TRANSMISSION.

MBOC/CBOC through CCS Operator

A list of cities will appear with a colored button before each.

Red means transmission has not started yet; Yellow,

ongoing; Green, completed.

To monitor a city, click on a barangay name and a list of voting centers will appear.

To update the status of transmission from a city/

municipal CCS, click UPDATE.

PBOC/DBOC through CCS Operator

:

Figure 11: Monitoring Data Transmission

164


COMELEC Resolution No. 8809 (30 March 2010), Section 27 (c).


121. What may be done in the case of untransmitted results?

In case the BOC receives from the RCG an envelope labeled with “NOT TRANSMITTED”,

the BOC shall open the said envelope, retrieve the memory card and give the same to the

CCS Operator.

The CCS Operator shall:

Attach memory card reader to the laptop.

Insert the main memory card in the main memory

card reader.

Click ADMINISTRATION in the Home page. The

Administration options will appear.

Click on LOAD PCOS RESULTS. The CCS will

display input box dialogue for EML FILE INPUT.

Request any member of the Board to insert his

USB token in the laptop and type his username

and password. Click OK.

Remove the USB token from the USB slot.

Request another member of the Board to insert his USB token in the laptop

and logon. Click OK. The CCS will display EML FILE

input box.

Click on BROWSE button. The CCS will display the FILE UPLOAD dialogue

box.

Click on the directory for card reader (MEDIA) at

the left pane of the dialogue box.

Click RESTRANS file from the list of files in the right pane of the dialogue box

and click OPEN.

Click ACCEPT.

Wait until processing is done. The Home page will display the message THE

ELECTION RETURN WAS SUCCESSFULLY

PROCESSED.

Remove the main memory card from the memory

card reader, return to its envelope and change the label to TRANSMITTED.

Repeat steps 2 through 13 until all memory cards contained in envelopes

labeled NOT TRANSMITTED are

processed.

Submit all processed memory cards to Election Officer for safekeeping.

Remove the main memory card reader from the

laptop.

CBOC/MBOC

Figure 12: Procedure in case of Untransmitted Results


122. How are the canvass reports generated?

The CCS operator shall generate a Canvass Report before generating and printing COC.

For this purpose, the CCS operator shall:

Before a Certificate of Canvass (COC) can be generated and printed, the CCS operator

must first generate and print a Consolidated Canvass Report. For this purpose, the CCS

operator shall:

Click the CANVASSING option in the Home page.cl

Click GENERATE CONSOLIDATED

CANVASS REPORT. A dialogue box will appear requiring the insertion of

security tokens.


USB token in the laptop and type his username

and password. Click OK.


Request another member of the Board to insert his USB token in the laptop

and logon. Click OK. The CCS will display EML FILE

input box.


The CCS shall automatically generate the

Canvass Report for all positions.

The Print Preview will appear. Click on the

printer icon. Click OK.

Click CONTINUE at the bottom of the screen.

Figure 13: Generation and Printing of Consolidated Canvass Report


123. How are the COCs generated and printed?

COCs are generated and printed following the procedure below:

If all expected clustered precincts

have been received

Click CANVASSING in the Home page.

Click CONSOLIDATED CERTIFICATE OF

CANVASS (COC). A prompt will require

security tokens.

End If

If not all expected results are received

M/C/DBOC to verify with BEI concerned the

reason for non-transmittal of results.

PBOC to verify with M/CBOC the reason for

non-transmittal of municipal/city results.

End If

If results cannot

be transmitted and will not affect

elections


Click GENERATE CERTIFICATES OF CANVASS (COC). A prompt will require

security tokens.

Select the position for which the COC will be

generated. A prompt will require security tokens.


USB and type his username and

password. Click OK.


Request another member of the Board to insert his USB and type

his username and password. Click OK.

Remove the USB token from the USB slot. The CCS will automatically generate the COC for the position selected.


printer icon then type 8 as the number of copies to be printed. Click OK.

Click CONTINUE.

To generate the COC for the next position,

repeat steps 3 through 9.

End If

If results cannot

be transmitted and will affect elections

Board to ask from the Commission the authority to generate and print COC for a position and to proclaim as

winners those whose standing are not affected by the lacking

results.

End If

Figure 14: Generation and printing of COC


124. What is the manner of transmitting results?

After generating and printing eight (8) copies of the COCs for all positions and announcing

the results, the Board, through the CCS operator, shall immediately transmit the COCs to

the Canvassing Boards concerned, and to the central server. The CCS operator shall

Click ADMINISTRATION from Home page.

Click TRANSMIT RESULTS in the Home page. Wait until

positions are listed in the top of the screen with a message

SUCCESSFULLY TRANSMITTED.

Click ACCEPT button. The CCS will automatically display

the Home page.

Figure 15: Transmission of Results

125. What procedure must be followed in the printing of remaining COC Reports?

After transmission of the COCs to the Canvassing Boards concerned and to the central

server, the CCS operator shall:


Click GENERATE CERTIFICATES OF CANVASS (COC). A

prompt will require security tokens.

Select the position for which a COC will be

generated. A prompt will require security tokens.


USB and enter his username and password.

Click OK.


Request another member of the Board to insert his


Click OK.

Remove the USB token from the USB slot. The CCS will automatically

generate the COC for the position selected.


printer icon and enter 22 as the number of copies to

be printer. Click OK.

Click CONTINUE.

To generate the COC for the next position, repeat

steps 3 through 9.

Figure 16: Printing of Remaining COC Reports


126. How is the consolidated SOV generated and printed?


Click GENERATE CONSOLIDATED

STATEMENT OF VOTES (SOV). A dialogue box will

appear.



Click OK.




Click OK.



printer icon and enter 4 as the number of copies to be

printer. Click OK.

Click CONTINUE.

Figure 17: Generation and Printing of SOVs


127. How is the Certificate of Canvass and Proclamation (COCP) generated?

The CCS operator shall:


Click GENERATE CERTIFICATES OF

CANVASS AND PROCLAMATION. A

dialogue box will appear.



Click OK.




Click OK.


Click on a position in the GENERATE

CERTIFICATES OF CANVASS AND

PROCLAMATION screen to generate COCP.

If there are no candidates

with same number of votes for a

position

Click ACCEPT at the bottom of the screen

which displays a decreasing list of votes for a particular position. CCS

shall generate COCP.

If there is a tie

The Board shall record in the Minutes the fact of

having candidates with the same number of votes for

a position.

The Board shall notify the candidates regarding the drawing of lots to break

the tie.

Candidates or their reps shall be present during canvassing. The Board shall declare the winner and arrange the order of

winners in the CCS.

End If

Click on the radio button beside the name of the

winning candidate. Then click MOVE UP.

After completing the order, check the box beside the

command ACCEPT DEFINED ORDER.

Click ACCEPT. The CCS shall display the list of winning candidates in order and generate

COCP.

The Board shall declare as elected the winning

candidates.

Click PRINT. The print preview of the COCP will be displayed. Type 17 as

the number of copies to be printed. Click OK.

Repeat until all positions are generated with COCP.

Figure 18: Generating COCP


128. How is the Audit Log generated and printed?

The CCS operator shall:

Click MONITORING in the Home page.

Click PRINT LOG option.

Request the Chairman of the Board to insert his


Click OK.

Click PRINT at the bottom of the screen.

Click the printer icon and press OK.

Figure 19: Printing of Audit Log

129. What must be done after all the reports, i.e. COC, SOV, COCP, Audit Log are printed?

Immediately after printing copies of the COCs, SOVs and COCP, the Board shall:

The Board shall affix signatures and thumb marks on the printed

COCs, SOVs and COCP.

The Board shall ask the watchers present to affix

their signatures and thumb marks on the printed

COCs, SOVs and COCP.

The Chairman of the Board shall publicly

announce the total number of votes received by each

candidate, stating their corresponding offices.

The Member-Secretaries shall announce the posting

of the COCs on the wall within the premises of the

canvassing area

The Member-Secretaries shall place in the

corresponding envelopes with paper seals all

reports.

Figure 20: Post Printing Activities


130. What are the procedures to be taken to ensure that the results generated by the CCS are backed up?

After all the results have been successfully transmitted, the CCS Operator shall:

Insert a blank disc in the CD drive.

Click ADMINISTRATION in the Home page.

Click BACK-UP RESULTS CCS FILES. Wait until the

back-up process is completed.

Remove the CD from the CD drive.

Click ACCEPT. The Home page will be displayed.

The CCS will display the positions with reports

generated and a message SUCCESSFULLY PROCESSED CD

BACKUP REQUEST.

Place the CD inside an envelope intended for the

purpose and seal it.

Label the envelope as TRANSMITTED or NOT

TRANSMITTED.

Indicate in the envelope the city or municipality and

province.

Sign the envelope.Repeat steps 1 through 10

to back-up files in two additional discs.

Turnover the CD to the Chairman.

Submit to the Reception and Custody Group of the

Provincial Board of Canvasser (for C/MBOC)/

National Board of Canvassers (for PBOC).

The two (2) discs used to back-up the city/municipal or provincial results, duly sealed shall be submitted to the PBOC/CONGRESS

and Commission.

Figure 21: Backing up CCS results


131. What is the procedure in shutting down the CCS?

After the printing of all the reports and the transmission of the

municipal/city/district/provincial results to all destinations, the following shall be

undertaken:

Click on the EXIT option in the Home page.

Press the power button. The screen will display a message SHUT DOWN

THE COMPUTER.

Turnover the CCS laptop to the technician.

Click SHUTDOWN.

Figure 22: Shutting down CCS

132. When is the BOC Chairman required to give notice of the BOC’s initial and succeeding

meetings?

Not later than 5 May 2010, the BOC Chairman shall give written notice to its members 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 Bayan/ Panlungsod/Panlalawigan.

Notices of the canvassing shall be posted in the offices of the Election Officer/Provincial

Election Supervisor, as the case may be, and in three (3) 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 Minutes of

the proceedings.


Failure to give notice of the date, time and place of the meeting of the BOC is an election offense under Sec. 261 (aa) (1) of the Omnibus Election Code.166

Examples:

Where the BOC merely recessed after it convened at 6:00 p.m. because there were no

returns to canvass yet and then resumed its proceedings when the returns arrived, there is

no necessity to send another notice to its members and to each candidate and political

party representing the candidates. In this case, there is no subsequent meeting of the BOC

to speak of.167

Where there is no doubt that the short notices (barely an hour) given to the candidates

were expressly designed to prevent their attendance, the same is sufficient ground to

annul the canvass.

168

133. When should the BOCs be convened?

The BOCs shall convene at 12:00 o’clock noon of May 10, 2010 at the designated place to

initialize the CCS and to receive and canvass the electronically‐transmitted ERs or the

COCs. It shall meet continuously until the canvass is completed and may adjourn only for

the purpose of awaiting the other ERs/COCs.169

134. What is the vote required for the BOC to render a decision in issues and matters before them?

A majority of the BOC members shall constitute a quorum for the transaction of business,

and, a majority vote of all members thereof shall be necessary to render a decision.170

166

COMELEC Resolution No. 8809 (30 March 2010), Section 10; See also Republic Act No. 6646 (1988), Section 23. 167

Quilala v. COMELEC, G.R. No. 82726, 13 August 1990. 168

Rufino S. Antonio, Jr. v. COMELEC, G.R. No. L‐31604, 17 April 1970. 169


COMELEC Resolution No. 8809 (30 March 2010), Section 17; See also Batas Pambansa Blg. 881 (1985), Section 225.

ELECTION OFFENSE


C. Persons Present During Canvassing

135. What rights do registered political parties, coalition of parties, and candidates have before the BOC and during canvassing?

Each registered political parties, or coalition of political parties, fielding candidates,

accredited political parties, sectoral party/organization or coalition thereof participating

under the party‐list system and every candidate has the right to be present and to counsel

during the consolidation/canvass of the ERs or COCs, provided, that only one (1) counsel

may argue for each party or candidate. They shall have the right to observe the

transmission, consolidation, and canvass of the ERs or COCs without touching the CCS,

make observations thereon, and file their challenges in accordance with the rules and

regulations of the COMELEC. The BOC shall not allow any dilatory action.171

136. Are watchers allowed to be present during canvassing?

See discussion on Watchers.

137. Who are not allowed inside the canvassing room?

Key Point For BOCs:

During the canvass, it shall be UNLAWFUL for the following to enter the room where the transmission, consolidation, and canvass are being held or to stay within a radius of fifty (50) meters from such room:

� Any officer or member of the Armed Forces of the Philippines;

� Any officer or member of the Philippine National Police;

� 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;

� Any barangay tanod or any member of barangay self‐defense units;

� Any member of the security or police organizations of government agencies, COMELEC, councils, bureaus, offices, instrumentalities, or government‐owned or controlled corporations or their subsidiaries; or

� Any member of a privately owned or operated security, investigative, protective or intelligence agency performing identical or similar functions.172

171


COMELEC Resolution No. 8809 (30 March 2010), Section 21; See also Batas Pambansa Blg. 881 (1985), Section 232.


138. Is there an exception to this prohibition?

Yes. The BOC 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 machines,

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.173

139. What is the consequence of the refusal of any person to obey any lawful order of the BOC or of disorderly conduct in a manner as to disturb or interrupt the proceedings of the BOC?

The BOC may order, in writing, any peace officer/soldier to take such person in custody

until the 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.

The BOC shall have full authority to keep order within the canvassing room or hall and its

premises and enforce obedience to its lawful orders. 174

D. The COCs – Effect and their distribution

140. What will be considered as official election results and which shall be used as the basis for proclamation?

The COCs transmitted electronically and digitally signed175 shall be considered as official

election results and shall be used as the basis for the proclamation of a winning

candidate.176

141. What is an SOV?

The COCs shall be supported by the SOVs.

The SOV, which is a tabulation per precinct of the votes garnered by the candidates as

reflected in the ERs, forms the basis of the COC and of the proclamation.

142. What is the importance of the SOV?

Any error in the SOV ultimately affects the validity of the proclamation. If a candidate’s

proclamation is based on an SOV which contains erroneous entries, it is null and void. It is

no proclamation at all and the proclaimed candidate’s assumption of office cannot deprive

the COMELEC of the power to annul the proclamation.177

173

COMELEC Resolution No. 8809 (30 March 2010), Section 21; See also Batas Pambansa Blg. 881 (1985), Section 232. 174


See discussion on authenticity and due execution, infra. 176


Flauta v. COMELEC, G.R. No. 184586, 22 July 2009.


143. Who shall have the responsibility of receiving and safekeeping of the main memory card and of the hardcopies of ERs?

The BOC may constitute an RCG for the reception and safekeeping of main memory card

and of the hardcopies of ERs at the rate of one (1) RCG for every five hundred (500)

clustered precincts in the city/municipality/district or one (1) RCG for each province for the

reception and safekeeping of the hardcopies of COCs and SOVs.

For this purpose, the Election Officer or the Provincial Election Supervisor shall provide the

RCG with the Project of Precincts of the city/municipality/district or the list of

municipalities/cities in the province, as the case may be. 178

144. What is the composition of the RCG?

The RCG is a 2‐member group, composed of government appointive officials. They shall

be designated by the concerned BOC Chairman and shall receive honoraria computed as

that of the BOC members. 179

145. Who are disqualified from being RCG members?

The following are disqualified from being RCG members:

a. casual employees or employees of the Offices of the Provincial Governor, or

City/Municipal Mayor, or Punong Barangay, or the corresponding Sanggunians;

and

b. those related to each other or to any BOC member or to any candidate whose

votes will be canvassed by the BOC, within the fourth civil degree of consanguinity

or affinity.180

146. What are the duties and responsibilities of the RCG?

The RCG shall: 181

a. Receive from:

i. The BEI, the envelope containing the main memory card of PCOS labeled

“TRANSMITTED” or “NOT TRANSMITTED, and the envelopes containing

the printed copies of the ERs intended for the CBOC/MBOC;

ii. The CBOC/MBOC, the envelope containing the CD of the municipal/city

CCS labeled “TRANSMITTED” or “NOT TRANSMITTED”, and the envelope

containing the printed copy of the COC intended for the PBOC;

178






b. Log the date and time of receipt, the condition and serial numbers of each

envelope and its corresponding paper seal, the precinct number, and the

city/municipality/district of the ERs/COCs;

c. Mark:

i. In the Project of Precincts, the corresponding precincts which have the

envelope containing the main memory card labeled “NOT

TRANSMITTED”;

ii. In the list of cities/municipalities, the corresponding cities/municipalities

which have the envelope containing the CD of the CCS labeled “NOT

TRANSMITTED”;

d. Log the following:

i. date and time of receipt;

ii. condition and the serial number of corresponding paper seal of the

envelope;

iii. the precinct number of the envelope containing the memory card;

iv. the city/municipality of the envelope containing the CD;

e. Immediately submit to the Board, after recording the necessary data, the envelope

containing the main memory card/CD labeled “NOT TRANSMITTED”;

f. Log the date and time of receipt, the condition and serial numbers of each

envelope and its corresponding paper seal, the precinct number, and the

city/municipality/district of the ERs/COCs ;

g. Place the envelopes containing the ERs/COCs inside the ballot box, close and lock

the same with padlocks;

h. Forward to the Board, the ballot boxes containing the ERs/ COCs and one (1) copy

of the list of precincts/ list of cities/municipalities/districts as marked; and

i. Follow steps (b) to (d) of this section for the envelopes containing memory card/CD

labeled “TRANSMITTED” and thereafter, submit to the Board.


147. How many copies of the COCPs and SOVs shall be produced and how will the copies be distributed?

The Board shall generate and print sufficient copies of the COCP and SOV to be distributed

as follows:182

BOC Concerned

Details of Distribution

MBOC/CBOC 1. Election Records and Statistics Department (ERSD of the

COMELEC;

2. For posting;

3. Chairman, MBOC/CBOC;

4. Secretary, Sangguniang Bayan/Panlungsod;

5. Municipal Treasurer;

6. Winning Candidate for Mayor; Winning Candidate for Vice‐Mayor;

and

7. Winning Candidates for members of the Sangguniang

Bayan/Panlungsod;

The copies of the COCP for 1, 2, 3, 4, and 5 shall be supported by the

SOV by precinct containing the total number of votes obtained by each

candidate in each precinct and the grand total they obtained in the

entire municipality/city/district. Said documents shall be signed and

thumb marked by the Chairman and members of the MBOC/CBOC.

Copies 1, 3, 4 and 5 shall be individually folded from top to bottom,

sealed with serially numbered paper seals (CEF No. 12) and placed

inside their corresponding envelopes, which shall likewise be sealed

with serially numbered paper seals.

The USB Key used to back‐up the ER/precinct consolidated results will

be placed inside an envelope, duly sealed, and submitted to the PBOC.

CBOC in cities

compromising one or

more legislative

districts/ highly

urbanized cities

1. For winning candidate for Congressman/Member of House of

Representatives:

1.1. To the COMELEC in Manila;

1.2. For posting on the bulletin board of the city hall;

1.3. To be kept by the BOC Chairman;

1.4. To the Regional Election Director;

1.5. To the Secretary‐General of the House of Representatives;

and

1.6. To the winning candidates.

The first copy shall be placed in the corresponding envelope, together

with a copy of the Statement of Votes by precinct.

The second copy shall be posted on the bulletin board of the city hall.

182



2. For the Winning Candidates for City Offices

2.1. Secretary of the Sangguniang Panlungsod;

2.2. CBOC Chairman;

2.3. COMELEC;

2.4. City Treasurer;

2.5. Regional Election Director;

2.6. Each of the winning candidates proclaimed; and

2.7. One (1) copy for posting on the bulletin board of the city hall.

The first five (5) copies shall be separately folded and placed in their

corresponding envelopes.

A copy of the SOVs by precinct shall be attached to the copies for the

Secretary of the Sangguniang Panlungsod, CBOC Chairman, and the

COMELEC.

PBOC

1. To the ERSD;

2. To the PBOC Chairman;

3. To the Secretary of the Sangguniang Panlalawigan;

4. To the Regional Election Director; and

5. To each of the winning candidates.

The COCP shall be signed and thumb marked by the PBOC Chairman

and members, and the watchers, if available.

The PBOC shall also print three (3) copies of the supporting SOVs by

City/Municipality which shall be attached to copies (1), (2) and (3) of the

COCP. Copies (1), (2), (3) and (4) shall then be individually folded from

top to bottom, sealed with paper seals such that the certificates cannot

be opened without breaking the seal, and placed inside their respective

envelopes which shall likewise be sealed with paper seals.

148. May the COMELEC do an unofficial quick count separate from its designated citizen’s

arm?

No. The official and unofficial canvass, both to be administered by the COMELEC, would

most likely not tally. In the past elections, the "unofficial" quick count conducted by the

NAMFREL had never tallied with that of the official count of the COMELEC, giving rise to

allegations of "trending" and confusion. With a second "unofficial" count to be conducted

by the COMELEC in addition to its official count, allegations of "trending" would most

certainly be aggravated. As a consequence, the electoral process would be undermined.

As it stands, the COMELEC’s "unofficial" quick count would be but a needless duplication

of the NAMFREL’s "quick" count, an illegal and unnecessary waste of government funds

and effort.183

183

Sixto S. Brillantes, Jr., et al. v. COMELEC, G.R. No. 163193, 15 June 2004.


149. May independent candidates and other registered parties be entitled to a copy of the COCs?

Yes. It shall be the duty of the citizens' arm designated by the COMELEC to conduct an

unofficial count to furnish independent candidates copies of the COCs at the expense of

the requesting party.184

The BOC shall also furnish all other registered parties copies of the COCs at the expense of

the requesting party.

185

Any of the recipients of the printed or digital copies of the COCs and the supporting SOVs

may conduct an unofficial consolidation of votes and may announce the result thereof to

the public.

186

150. What is the duty of the BOC in relation to the manner of posting the COCs?

a. Immediately after the sixth (6th) copy of the COCs and its supporting SOVs are

printed, the BOC Chairman shall announce the posting of said copies on a wall

within the premises of the canvassing center, which must be sufficiently lighted

and accessible to the public. Any person may view or capture an image of the COC

or the supporting SOV by means of any data capturing device such as, but not

limited to, cameras at any time of the day for forty‐eight (48) hours following the

posting.

b. After such period, the BOC Chairman shall detach the COC from the wall and keep

the same in his custody to be produced, as may be requested by any voter, for

image or data capturing or for any lawful purpose as may be ordered by competent

authority.187

c. The COMELEC shall also post its digital files in its website for the public to view or

download at any time of the day. The COMELEC shall maintain the files for at least

three (3) years from the date of posting.

188

184







151. What procedures are to be taken by the Boards after canvassing?

The Chairman of the Boards shall personally deliver by fastest means the hard copies of

COCs and SOVs including the back‐up CDs to the following:

BOC Recipient What

MBOC/CBOC

PBOC

Copy of COC for:

� President and Vice‐

President,

� Senator,

� Party‐List,

� Member, House of

Representatives,

� Governor, Vice‐Governor

and Sangguniang

Panlalawigan

PBOC, CBOC in

cities

comprising two

or more

legislative

districts, and

DBOC :

Congress sitting as the National

BOC

COMELEC sitting as the

National BOC for Senator and

Party‐List189

Copy of COC for the

President and Vice‐

President;

152. How do BOCs safeguard hard copies of ERs or COCs, back‐up CDs and CCS?

The BOCs shall place the ERs/COCs in ballot boxes that shall be locked with three (3)

padlocks and one (1) serially numbered self‐locking seal. The BOC members shall each

keep a key to the three (3) padlocks. The serial number of every seal used shall be entered

in the Minutes.

The ballot boxes shall be kept in a safe and secured room before, during and after the

canvass. The door to the room shall be locked with three (3) padlocks with the keys thereof

kept by each BOC member.

The watchers shall have the right to guard the room.190

189




153. In addition to offenses already defined under the Omnibus Election Code, what other acts considered as election offenses relative to canvassing?

The following shall be guilty of an election offense:

The following acts relative to canvassing shall constitute an election offense191

� Removing the COC posted on the wall, whether within or after the prescribed forty‐eight (48) hours of posting;

:

� Defaces the COC in any manner; � Simulating an actual or copies (print or digital) of COC or SOV; � Simulating the certification of a COC or SOV; � Removing the COC or its supporting SOV from the wall for any purpose

other than immediately transferring them to a more suitable place; � Signing or authenticating a print of the COC or its supporting SOV outside

of the polling place; � Signing or authenticating a print which bears an image different from the

COC or SOV produced after counting and posted on the wall; � Tampering, increasing, or decreasing the votes received by a candidate; � Refusing, after proper verification and hearing, to credit the correct votes

or deduct such tampered votes

Note: Large scale or substantial tampering, increase or decrease of votes or the refusal to credit the correct votes and/or to deduct tampered votes shall be considered a SPECIAL election offense to be known as ELECTORAL SABOTAGE and the penalty to be imposed shall be life imprisonment.

154. What is the manner of authenticating Electronically Transmitted ERs?

The COMELEC shall authenticate the COCs on a showing that:

a. Each COC was executed, signed and thumb marked by the BOC Chairman and

members and transmitted or caused to be transmitted by them;

b. Each COC contains the names of all of the candidates for President and Vice‐

President or Senator, as the case may be, and their corresponding votes in words

and in figures;

c. There exists no discrepancy in other authentic copies of the COC or in any of its

supporting documents such as the SOV by city/municipality or by precinct, or

191


ELECTION OFFENSE


discrepancy in the votes of any candidate in words and figures in the certificate;192

d. There exists no discrepancy in the votes of any candidate in words and figures in

the COCs against the aggregate number of votes appearing in the ERs of precincts

covered by the COCs, provided that certified printed copies of ERs or COCs may be

used for the purpose of verifying the existence of the discrepancy.

and

193

e. The process of authentication may be supplemented, where applicable, by

appropriate authentication and certification procedures for electronic data,

electronic documents and electronic signatures as provided in Republic Act No.

8792, or the Electronic Commerce Act,

194

192

Aquilino L. Pimentel III v. COMELEC, et al., G.R. No. 178413, 13 March 2008. 193

Republic Act No. 7166 (1991), Section 30, as amended by Republic Act No. 9369 (2007), Section 30; See also Aquilino L. Pimentel III v. COMELEC, et al. , G.R. No. 178413, 13 March 2008.

194 Republic Act No. 8792 (2000), Section 11 states:

“Section 11. Authentication of Electronic Data Messages and Electronic Documents.‐ Until the Supreme Court by appropriate rules shall

have so provided, electronic documents, electronic data messages and electronic signatures, shall be authenticated by

demonstrating, substantiating and validating a claimed identity of a user, device, or another entity is an information or

communication system, among other ways, as follows;

(a) The electronic signatures shall be authenticated by proof than a letter , character, number or other symbol in electronic form

representing the persons named in and attached to or logically associated with an electronic data message, electronic document, or

that the appropriate methodology or security procedures, when applicable, were employed or adopted by such person, with the

intention of authenticating or approving in an electronic data message or electronic document;

(b) The electronic data message or electronic document shall be authenticated by proof that an appropriate security procedure, when

applicable was adopted and employed for the purpose of verifying the originator of an electronic data message or electronic

document, or detecting error or alteration in the communication, content or storage of an electronic document or electronic data

message from a specific point, which, using algorithms or codes, identifying words or numbers, encryptions, answers back or

acknowledgement procedures, or similar security devices.

The Supreme Court may adopt such other authentication procedures, including the use of electronic notarization systems as

necessary and advisable, as well as the certificate of authentication on printed or hard copies of the electronic documents or

electronic data messages by electronic notaries, service providers and other duly recognized or appointed certification authorities.

The person seeking to introduce an electronic data message or electronic document in any legal proceeding has the burden of

proving its authenticity by evidence capable of supporting a finding that the electronic data message or electronic document is what

the person claims it to be.

In the absence of evidence to the contrary, the integrity of the information and communication system in which an electronic data

message or electronic document is recorded or stored may be established in any legal proceeding –

a.) By evidence that at all material times the information and communication system or other similar device was operating in a manner

that did not affect the integrity of the electronic data message or electronic document, and there are no other reasonable grounds to

doubt the integrity of the information and communication system,

b.) By showing that the electronic data message or electronic document was recorded or stored by a party to the proceedings who is

adverse in interest to the party using it; or

c.) By showing that the electronic data message or electronic document was recorded or stored in the usual and ordinary course of

business by a person who is not a party to the proceedings and who did not act under the control of the party using the record.

as well as the rules promulgated by the


Supreme Court pursuant thereto, or A.M. NO. 01‐7‐01‐SC. ‐ Re: Rules on Electronic

Evidence.195

E. Remedies

155. What issues may be raised during the consolidation/canvass?

Issues affecting the composition or proceedings of the BOCs may be initiated by filing a

verified petition before the BOC or directly with the COMELEC.

If the petition is filed directly with the BOC, its decision may be appealed to the COMELEC

within three (3) days from issuance thereof. However, if commenced directly with the

COMELEC, the verified petition shall be filed immediately when the BOC begins to act

illegally, or at the time of the appointment of the BOC member whose capacity to sit as

such is objected to.196

156. What issues may no longer be raised during the consolidation/canvass?

There shall be no pre‐proclamation cases on issues/controversies relating to the

generation/printing, transmission, receipt and custody, and appreciation of ERs or the

COCs.

157. What happens if the COCs, duly certified by the BOC of each province, city of district,

appears to be incomplete?

The Senate President or COMELEC Chairman shall require the BOC concerned to transmit,

by personal delivery, the ERs from polling places that were not included in the COC and

supporting statements.

Said ERs shall be submitted by personal delivery within two (2) days from receipt of

notice.197

195

Republic Act No. 8436 (1997), Section 30, as amended by Republic Act No. 9369 (2007), Section 25; A.M. NO. 01‐7‐01‐SC, Rule 5, Sec.

2 states:

“SEC. 2. Manner of authentication. – Before any private electronic document offered as authentic is received in evidence, its

authenticity must be proved by any of the following means:

(a) by evidence that it had been digitally signed by the person purported to have signed the same;

(b) by evidence that other appropriate security procedures or devices as may be authorized by the Supreme Court or by law for

authentication of electronic documents were applied to the document; or

(c) by other evidence showing its integrity and reliability to the satisfaction of the judge.

196




158. What if any COC or supporting SOV by city/ municipality or by precinct bears erasures or alterations?

When it appears that any COC or supporting SOV by city/municipality or by precinct bears

erasures or alterations, which may cast doubt as to the veracity of the number of votes

stated on such COC or SOV, and may affect the result of the election, upon the request of

the presidential, vice‐presidential or senatorial candidate concerned or his party, Congress

or COMELEC en banc, as the case may be, shall, for the sole purpose of verifying the actual

number of votes cast for President and Vice‐President or Senator, count the votes as they

appear in the copies of the ERs submitted to it. 198

159. Do formal defects alone on the ERs, in their preparation and delivery for canvassing, justify their exclusion?

No. While formal defects may involve a violation of the rules governing the preparation

and delivery of ERs for canvassing, they do not necessarily affect the authenticity and

genuineness of the subject ERs as to warrant their exclusion from the canvassing. 199

As long as the ERs, which on their face, appear regular and wanting of any physical signs of

tampering, alteration, or other similar vice, such ERs cannot just be unjustifiably

excluded.

200

160. What are considered formal defects?

Formal defects include:

a. failure to close the entries with the signatures of the election inspectors,

b. lack of inner and outer paper seals,

c. canvassing by the BOC of copies not intended for it,

d. lack of time and date of receipt by the BOC of the ERs,

e. lack of signatures of petitioners' watchers; and lack of authority of the person

receiving the ERs.

161. Is there an exception to the rule that ERs which on their face appear regular and wanting of any physical signs of tampering, alteration or other similar vice cannot just be unjustifiably excluded?

Yes. If the COMELEC, in the exercise of its duties under the Election Code, can require

BOCs to consider only genuine and authentic, not falsified, ERs, it can logically require

such BOCs to exclude from the canvass ERs that were actually the product of coercion,

even if they be clean in their face. An ER prepared at the point of a gun is no ER at all; it is

not one notch above a falsified or spurious ER.201

198


Ocampo v. COMELEC, G.R. No. 137470, 15 February 2000. 200

Ocampo v. COMELEC, G.R. No. 137470, 15 February 2000. 201

Rufino S. Antonio, Jr. v. COMELEC, G.R. No. L‐31604, April 1970; See also Pacis v. Comelec, G.R. No. L‐29026, 28 September 1968.


162. When is a manual counting of votes warranted?

‘

RANDOM MANUAL AUDIT

Where the AES is used, there shall be a random manual audit in one precinct per congressional district randomly chosen by the COMELEC in each province and city. Any difference between the automated and manual count will result in the determination of the root cause and initiate a manual count for those precincts affected by the computer or procedural error.202

163. Are there other instances where a manual count may be resorted to?

Yes. The COMELEC is not precluded from conducting a manual count when the automated

counting system fails; for example, where the error in counting is not machine related or

where a manual count is reasonable, as it was the only way to count the decisive local

votes.203 The Constitution gives the COMELEC the broad power "to enforce and administer

all laws and regulations relative to the conduct of an election, plebiscite, initiative,

referendum and recall."204

In another instance, where the counting machine assigned to the municipality did not

reflect the true results of the voting, i.e. the votes were not reflected in the printout of the

ERs since per ERs of their precincts, the candidate voted for obtained "zero" and after a

verification of the printout of some ERs as against the official ballots, it was discovered

that votes cast in favor of a mayoralty candidate were credited in favor of the opponents, a

manual counting of the votes was allowed.

205

202


Maruhom v. COMELEC, et al., G.R. No. 139357, 5 May 2000. 204

The 1987 Philippine Constitution, Article IX (C), Section 2(1). 205

Loong v. COMELEC, G.R. No. 133676, 14 April 1999.


164. When is there a failure of election?

FAILURE OF ELECTION A failure of election may be declared in the following

instances:

� If on account of force majeure, terrorism, fraud, or other analogous causes, the election in any polling place has not been held on the date fixed or has been suspended before the hour fixed by law for the closing of the voting; or

� After the voting and during the preparation and the transmission of the ERs or in the custody or in its canvass, such election results in a failure to elect; and

� Any of such cases, the failure or suspension of election would affect the result of the election.206

165. What does not constitute failure of elections?

The existence of factors, such as lack of notice of the date and time of canvass; fraud,

violence, terrorism and analogous causes; disenfranchisement of voters; presence of flying

voters; and unqualified BEI members, do not necessarily constitute a failure of election.

These grounds are proper only in an election contest but not in a petition to declare a

failure of election and to nullify a proclamation.

The COMELEC can call for the holding or continuation of election by reason of failure of

election only when the election is not held, is suspended, or results in a failure to elect. The

latter phrase, in turn, must be understood in its literal sense, which is "nobody was

elected."207

166. What may be done in instances where there is a failure of election?

An interested party may file a verified petition. After due notice and hearing, the

COMELEC may call for the holding or continuation of the election not held, suspended, or

which resulted in a failure to elect but not later than thirty (30) days after the cessation of

the cause of such postponement or suspension of the election or failure to elect.208

206


Borja v. COMELEC, G.R. No. 120140, 21 August 1996. 208



167. Who has the power to declare a failure of election?

The COMELEC, sitting en banc, by a majority vote of its members, may decide the

declaration of failure of election and the calling of special election.209

168. What are the jurisdictional facts that must be alleged in a petition for declaration of failure of election?

Before the COMELEC can act on a verified petition seeking to declare a failure of election

two (2) conditions must concur, namely:

a. No voting took place in the precinct or precincts on the date fixed by law, or even if

there was voting, the election resulted in a failure to elect; and

b. The votes not cast would have affected the result of the election.

Note that the cause of such failure of election could only be any of the following: force

majeure, violence, terrorism, fraud, or other analogous causes.210

169. What is the consequence of a declaration of failure of election?

The COMELEC, sitting en banc, may call a special election.211

170. What can an interested party do to contest the ERs and matters relating to the preparation, transmission, receipt, custody, and appreciation of the ERs and the COCs?

Questions affecting the preparation, transmission, receipt, custody, and appreciation of

the ERs and the COCs shall be brought in the first instance before the BOC only212, in

accordance to the following procedure213

a. Any candidate, political party or coalition of political parties contesting the

inclusion or exclusion in the canvass of any ERs on any of the grounds authorized

under Article XX or Sections 234, 235 and 236 of Article XIX of BP Blg. 881 shall

submit their oral objection to the BOC Chairman at the time the questioned return

is presented for inclusion in the canvass. Such objection shall be recorded in the

Minutes of the Canvass.

:

b. Upon receipt of any such objection, the BOC shall automatically defer the canvass

of the contested returns and shall proceed to canvass the returns which are not

contested by any party.

209

Batas Pambansa Blg. 881 (1985), Section 6; Republic Act No. 7166 (1991), Section 4. 210

Banaga v. COMELEC, GR No. 134696, July 31, 2000. 211


Republic Act No. 7166 (1991), Section 17; See also Aquilino L. Pimentel III v. COMELEC, et al., G.R. No. 178413, 13 March 2008. 213

Republic Act No. 7166 (1991), Section 20.


c. Simultaneous with the oral objection, the objecting party shall also enter his

objection in the form for written objections to be prescribed by the COMELEC.

Within twenty‐four (24) hours from and after the presentation of such an

objection, the objecting party shall submit the evidence in support of the

objection, which shall be attached to the form for written objections. Within the

same period of twenty‐four (24) hours after presentation of the objection, any

party may file a written and verified opposition to the objection in the form also to

be prescribed by the COMELEC, attaching thereto supporting evidence, if any. The

BOC shall not entertain any objection or opposition unless reduced to writing in

the prescribed forms. The evidence attached to the objection or opposition,

submitted by the parties, shall be immediately and formally admitted into the

records of the BOC by the BOC Chairman affixing his signature at the back of each

every page thereof.

d. Upon receipt of the evidence, the BOC shall keep the contested returns, consider

the written objections thereto and opposition, if any, and summarily and

immediately rule thereon. The BOC shall enter its ruling on the prescribed form

and authenticate the same by the signatures of its members.

e. Any party adversely affected by the ruling of the BOC shall immediately inform the

BOC if he intends to appeal said ruling. The BOC shall enter said information in the

Minutes of the Canvass, set aside the returns, and proceed to consider the other

returns.

f. After all the uncontested returns have been canvassed and the contested return

ruled upon, the BOC shall suspend the canvass. Within forty‐eight (48) hours

therefrom, any party adversely affected by the ruling may file with the BOC a

written and verified notice of appeal; and within an inextendible period of five (5)

days thereafter an appeal may be taken to the COMELEC.

g. Immediately upon receipt of the notice of appeal, the BOC 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.

h. On the basis of the records and evidence elevate to it by the BOC, the COMELEC

shall decide summarily the appeal within seven (7) days from receipt of said

records and evidence. Any appeal brought before the COMELEC on the ruling of

the BOC, without the accomplished forms and the evidence appended, shall be

summarily dismissed.

i. The decision of the COMELEC shall be executory after the lapse of seven (7) days

from receipt of said decision by the losing party.

j. The BOC shall not proclaim any candidate as winner unless authorized by the

COMELEC after the latter has ruled on the objection brought to it on appeal by the


losing party. Any proclamation made in violation hereof shall be void ab initio,

unless the contested returns will not adversely affect the results of the election.

k. Any objection on the ERs before the CBOC or MBOC, or on the municipal COCs

before the PBOC or district BOC in Metro Manila Area, shall be specifically noticed

in the Minutes of their respective proceedings."214

171. What can an interested party do to contest matters affecting the BOC composition or proceedings?

Questions affecting the composition or proceedings of the BOC may be initiated in the

BOC or directly with the COMELEC.215

Parties adversely affected by a ruling of the BOC on questions affecting the composition or

proceedings of the BOC may appeal the matter to the COMELEC within three (3) days

from the ruling on such objection. The COMELEC shall summarily decide the case within

five (5) days from its filing.

216

172. What is the consequence if a person presents in evidence a simulated copy of an ER, COC or SOV, or a printed copy of an ER, COC or SOV bearing a simulated certification or a simulated image?

Any person who presents in evidence a simulated copy of an ER, COC, or SOV, or a printed

copy of an ER, COC, or SOV bearing a simulated certification or a simulated image shall be

guilty of an election offense and shall be penalized in accordance with the Omnibus

Election Code. 217

173. May interested parties bring the question of whether or not there had been terrorism, vote buying, and other irregularities in the election before the BOC or the COMELEC in a pre‐proclamation case?

See also section on Electoral Sabotage.

No. The powers of the COMELEC are essentially executive and administrative in nature

and the question of whether or not there had been terrorism, vote buying, and other

irregularities, such as in the appreciation of ballots in the election should be ventilated in a

regular election protest or election contest and not via a pre‐proclamation case.

The BOC is a ministerial body. It is enjoined by law to canvass all votes on ERs submitted to

it in due form. Its powers are "limited generally to the mechanical or mathematical

function of ascertaining and declaring the apparent result of the election by adding or

214






compiling the votes cast for each candidate, as shown on the face of the returns before

them, and then declaring or certifying the result so ascertained.”218

Neither the Constitution nor statute has granted the COMELEC or the BOCs the power, in

the canvass of ERs, to look beyond the face of these ERs once satisfied of their

authenticity.

219

218

Abes v. COMELEC, G.R. No. L‐28348, 15 December 1967; See also Sanchez v. COMELEC, G.R. No. L‐78461, 12 August 1987. 219

Abes v. COMELEC, G.R. No. L‐28348, 15 December 1967; See also Sanchez v. COMELEC, G.R. No. L‐78461, 12 August 1987.


X. PRE‐PROCLAMATION CONTROVERSIES

174. What are pre‐proclamation controversies?

Pre‐proclamation controversies refer to any question about the composition and

proceedings of the BOC.220

175. Does a pending pre‐proclamation case suspend proclamation?

After the proclamation, a controversy becomes an election

contest.

A pending pre‐proclamation case only suspends the proclamation of a winning candidate if

he will not be affected by the outcome of the pre‐proclamation case. The COMELEC may

order the proclamation of the winning candidate as long as he will not be affected by the

pending pre‐proclamation case.

176. What issues may be raised in a pre‐proclamation case?

The following shall be proper issues that may be raised in a pre‐proclamation case221

a. Illegal composition or proceedings of the BOC;

:

222

b. Illegal proceedings of the BOC;

223

c. The canvassed ERs contain discrepancies in the same returns or in other

authentic copies;

224

d. When the ERs are delayed, lost, or destroyed;

225

e. The ERs were prepared under duress, threats, coercion, or intimidation, or

they are obviously manufactured or not authentic; and

f. When substitute or fraudulent returns in controverted polling places were

canvassed, the results of which materially affected the standing of the

aggrieved candidate or candidates.

177. What issues are explicitly prohibited to be raised in a pre‐proclamation case under the

AES?

There shall be no pre‐proclamation cases on issues/controversies relating to the

generation/printing, transmission, receipt and custody, and appreciation of the ERs or the

COCs.226

220

Batas Pambansa Blg. 881 (1985), Section 241; See also COMELEC Resolution No. 8804 (22 March 2010), Part II, Rule 4, Section 6. 221

COMELEC Resolution No. 8804 (22 March 2010), Part II, Rule 3, Section 1, which eliminates the following grounds under Batas

Pambansa Blg. 881 (1985), when the Resolution clearly stated that the basis of the canvass shall be electronically transmitted results,

and not the Printed Election Returns:

a. The canvassed ER are incomplete,

b. The canvassed ER contain material defects,

c. The canvassed ER appears to be tampered with or falsified. 222

Batas Pambansa Blg. 881 (1985), Section 243; COMELEC Resolution No. 8804 (22 March 2010), Part II, Rule 3, Section 1. 223

Batas Pambansa Blg. 881 (1985), Section 243; COMELEC Resolution No. 8804 (22 March 2010), Part II, Rule 3, Section 1. 224


Batas Pambansa Blg. 881 (1985), Section233.


178. May other grounds be subject of a pre‐proclamation case?

No. Under the AES, only the composition and proceedings of the BOC may be raised in a

pre‐proclamation controversy. The scope of a pre‐proclamation controversy is limited to

the issues enumerated under the COMELEC’s General Instructions and under Sections 233

and 243 of the Omnibus Election Code. Such an enumeration of the issues that may be

raised in a pre‐proclamation controversy is restrictive and exclusive.227

179. When is there an illegal composition of the BOC?

There is an illegal composition of the BOC when, among other similar circumstances, any

of the members do not possess legal qualifications and appointments.228

180. Will the CCS Operator’s qualifications be included in the consideration of an illegal composition of the BOC?

(See BOC

Composition Table)

Yes. The information technology‐capable person required to assist the BOC by Republic

Act No. 9369 shall be included as among those whose lack of qualifications may be

questioned.229

181. When is there an illegal proceeding of the BOC?

There is an illegal proceeding of the BOC when the canvassing is a sham or mere

ceremony, the results of which are pre‐determined and manipulated.230

182. What are considered evidence of an illegal proceeding of the BOC?

Any of the following circumstances indicate an illegal proceeding of the BOC231

a. hurried canvassing,

:

b. terrorism,

c. lack of sufficient notice to the members of the BOCs, and

d. Improper venue

183. May challenges against proceedings of the BEI be subject of a pre‐proclamation case?

No. Pre‐proclamation cases are limited to challenges directed against the BOC, not the

BEI.232

226


Ututalum vs. COMELEC, G.R. No. 84843‐44,22 January 1990; citing Bautista vs. COMELEC, G. R. No. 78994, 10 March 1988. 228

COMELEC Resolution No. 8804 (22 March 2010), Part II, Rule 4. 229

COMELEC Resolution No. 8804 (22 March 2010), Part II, Rule 4, Section 1. 230

COMELEC Resolution No. 8804 (March 22, 2010), Part II, Rule 4, Section 2. 231

COMELEC Resolution No. 8804 (March 22, 2010). Part II, Rule 4, Section 2. 232

Ututalum vs. COMELEC, G.R. No. 84843‐44, 22 January 1990.


� The right to be present,

� The right to be represented by counsel during the canvass of election returns, or certificates of canvass, and

� The right to obtain a copy of the SOV per precinct and a copy of the COC duly authenticated by the BOC.

184. May a padded voter’s list be subject of a pre‐proclamation case?

No. A padded voters' list is clearly not among the issues that may be raised in a pre‐

proclamation controversy. It is a proper ground for an election protest.233

185. Who may raise a pre‐proclamation controversy?

A pre‐proclamation controversy may be raised by the candidate or by any registered

political party or coalition of political parties, or by any accredited and participating party

list group.234

186. What are the rights of political parties and candidates before the BOC in pre‐proclamation cases?

187. What are the limitations to these rights?

Only one counsel may argue for each registered political party, organization, or coalition of

political parties, accredited citizens' arm, or candidate.

No dilatory action shall be allowed by the BOC. It may impose time limits for oral

arguments.

188. How are pre‐proclamation cases initiated?

Pre‐proclamation cases may be initiated in the BOC or directly with the COMELEC with a

verified petition clearly stating the specific ground/s for the illegality of the composition

and/or proceedings of the BOC.235

233

Espaldon vs. COMELEC, L‐78987, 25 August 1987. 234

Batas Pambansa Blg. 881 (1985), Section 241, as amended by COMELEC Resolution No. 8804 (22 March 2010), Part II, Rule 3, Section

1. 235

COMELEC Resolution No. 8804 (22 March 2010), Part II, Rule 4, Section 3.


189. When must a petition for a pre‐proclamation case be filed?

Petitions for a pre‐proclamation case must be filed immediately:

a. For illegal composition236

:

i. When the unqualified BOC member is appointed prior to canvassing, upon

exercise of his/her powers and duties as a BOC member,

ii. When the unqualified BOC member is appointed after the canvassing, at the

time of his/her appointment.

b. For illegal proceedings: When the proceedings become illegal237

.

236

COMELEC Resolution No. 8804 (22 March, 2010), Part II, Rule 4, Section 4. 237

COMELEC Resolution No. 8804 (22 March 2010), Part II, Rule 4, Section 4.


190. What are the procedures in initiating and resolving pre‐proclamation cases?

If filed directly with the BOC: 238

238

COMELEC Resolution No. 8804 (22 March 2010), Part II, Rule 4, Section 5 (a).

Petitioner Board of Canvassers (BOC) COMELEC

Submit

Petition

BOC announces

filing and grounds

raised

BOC deliberates

on the Petition

BOC issues a

written resolution

BOC in

favor of

the

Petition?

BOC informs

COMELEC

Petitioner

notifies

BOC of

intent to

appeal

within 3

days

BOC forwards

the entire

records to

COMELEC

COMELEC clerk

will docket

Petition

Petitioner

submits

Memorandu

m on

Appeal

within 48

hours

COMELEC makes

the appropriate

action

COMELEC en banc

renders decision

on appeal

YES NO

Figure 23: Preproclamation Cases Filed Directly with BOC


If filed directly with the COMELEC:239

191. What are the procedures in filing pre‐proclamation cases if the illegality of the proceedings of the BOC is discovered after the official proclamation of the supposed results?

239

COMELEC Resolution No. 8804 (22 March 2010), Part II, Rule 4, Section 5 (b).

Petitioner Board of Canvassers (BOC) COMELEC

Submit

BOC files an answer

COMELEC clerk will

COMELEC en banc

resolves the

COMELEC clerk sends

summons to BOC

Figure 25: Procedure if illegality of BOC proceedings is discovered after proclamation

Figure 24: Preproclamation Cases Filed Directly with COMELEC

Submit

Petition

BOC files an answer

within 48 hours

COMELEC clerk

will docket

Petition

COMELEC en

banc resolves

the Petition

within 5 days

COMELEC clerk

sends summons

to BOC


192. Will the receipt by the BOC of the electronically transmitted precinct, municipal, city, or provincial results, be suspended by the filing of said petition?

No. In no case shall the receipt by the BOC of the electronically transmitted precinct,

municipal, city, or provincial results, be suspended by the filing of said petition.240

193. Will the formal proclamation of the official results of the election be suspended by filing the Notice of Appeal on the BOC?

No. The notice of appeal on the BOC shall not suspend the formal proclamation of the

official results of the election until the final resolution of the appeal.241

194. Can an affidavit serve as evidence for a pre‐proclamation controversy?

No. Mere affidavits cannot be relied on as evidence that will substantiate the objections.242

195. Who hears and decides pre‐proclamation cases?

Pre‐proclamation cases are heard and decided by the COMELEC243. However candidates

in the Presidential, Vice‐Presidential, Senatorial and Congressional Elections are

prohibited from filing pre‐proclamation cases.244

196. When can candidates in the Presidential, Vice‐Presidential, Senatorial and Congressional Elections file pre‐proclamation cases?

Pre‐proclamation cases for the Presidential, Vice‐Presidential, Senatorial and

Congressional Elections are allowed in the following circumstances:245

a. Correction of manifest errors;

b. Questions affecting the composition or proceedings of the BOC;246

c. Determination of the authenticity and due execution of the COCs.

and

197. How is a pre‐proclamation case considered for judgment?

Upon receipt of the evidence, the BOC shall take up the controversy, consider the written

objections and oppositions, and immediately rule on the petition by a majority vote.

There must be notice and hearing. Then, after the hearing, it is also necessary that the

tribunal show substantial evidence to support its ruling247

240

COMELEC Resolution No. 8804 (22 March 2010), Part II, Rule 4, Section 5 (a) (4). 241

COMELEC Resolution No. 8804 (22 March 2010), Part II, Rule 4, Section 5 (a) (5). 242

Cordero vs. COMELEC, G.R. No. 134826, 6 July 1999. 243



Pimentel vs. COMELEC, G.R. No. 178413, 13 March 2008. 246

Republic Act No. 7166 (1991), Section 15, Republic Act No. 7166 (1991), as amended by Republic Act No. 9369 (2007), Section 38. 247

Sandoval vs. COMELEC, G.R. No. 133842, 26 January 2000; citing Reyes vs. COMELEC, G.R. No. 52699, 15 May 1980.


198. May the COMELEC rule on the petition without conducting a hearing?

No. The law requires that the hearing be held before the COMELEC rules on the

petition.248

199. How does the COMELEC consider a case on appeal?

The COMELEC shall decide on the case within seven (7) days from the receipt of the

records and evidence. The decision of the COMELEC shall take effect seven (7) days after

the losing party receives a copy of the decision.

200. What are the remedies that may be afforded in a pre‐proclamation case?

a. Recount of votes,249

b. Annulment of proclamation, when the BOC failed to issue a timely ruling,

250

c. Termination of canvassing and proclamation of the elected candidates on the basis

of the available ERs if the missing ERs will not affect the results of the election, in

case of delayed ERs.

251

201. When may a recount of canvass votes be done?

A clear showing, after a hearing, that the ER canvassed:252

a. appear to have been tampered with, falsified or prepared under duress;

b. contain discrepancies in the votes credited to any candidate, the difference of

which affects the result of the election.

202. When will a proclamation be annulled on the basis of a pre‐proclamation controversy?

A proclamation may be annulled when the BOC fails to issue a timely ruling on the

controversy, depriving the complainant an opportunity to appeal.253

203. Could a proclamation of a winning candidate be made while a Motion for Reconsideration is pending?

Yes. The BOC need not wait for the resolution of a Motion for Reconsideration of a pre‐

proclamation controversy pending before the COMELEC254

248

Sandoval vs. COMELEC, G.R. No. 133842, 26 January 2000. 249

Chavez vs. COMELEC, G.R. No. 1055323, 3 July 1992. 250

Sema vs. COMELEC, G.R. No. 134163‐64, 13 December 2000. 251


Chavez vs. COMELEC, G.R. No. 1055323, 3 July 1992; citing Sanchez v. Commission on Elections, G.R. No. L‐78461, 12 August 1987. 253

Sema vs. COMELEC, G.R. No. 134163‐64, 13 December 2000. 254

Chu vs. COMELEC, G.R. No. 135423, 29 November,1999.


204. May the COMELEC annul the proclamation of a candidate based on new additional evidence presented in a pre‐proclamation controversy?

No. The COMELEC cannot base the annulment of a proclamation based on new and

additional evidence. Doing so deprives the parties and the BOC the opportunity to refute

them255

255

Velayo vs. COMELEC, G.R. No. 135613,9 March 2000.


XI. ELECTION PROTEST and QUO WARRANTO

205. Is it still possible to contest the election even after the proclamation?

Yes. There are two (2) remedies available to contest the election after proclamation –

election protest and quo warranto.

206. What is an election protest?

It is a procedure to contest the election or the return of an elective official. 256

207. Who can file an election protest?

Any losing candidate who has duly filed a certificate of candidacy and has been voted for

the same office can file a sworn petition for election protest.257

The losing candidate who is filing an election protest against an elective regional,

provincial or city official must have received the second or third highest number of votes,

or, in a multi‐slot position, was among the next four candidates following the last ranked

winner proclaimed, as reflected in the official results of the election contained in the

SOV.

258

208. When should the petition for election protest be filed?

A petition for election protest shall be filed within ten (10) days after the proclamation of

the results of the election.259 However, the pendency of a pre‐proclamation controversy

involving the validity of the proclamation shall suspend the running of the period to file an

election protest.260

209. Is there a filing fee for an election protest?

Yes. Protestants or counter‐protestants are required to pay a filing fee of Ten Thousand

Pesos (Php 10,000). If there are claims for damages and attorney’s fees, additional filing

fees shall be required in accordance with the schedule provided for in Rule 141 of the Rules

of Court.261

256

COMELEC Resolution No. 8804 (22 March 2010), Part III, Rule 6, Section 2. 257

Batas Pambansa Blg. 881 (1985), Section 250, 251 and 252. 258


Batas Pambansa Blg. 881 (1985), Section 250, 251 and 252. 260


COMELEC Resolution No. 8804 (22 March 2010), Part III, Rule 11, Section 1.


210. Aside from the filing fees, are there any other filing costs that the protestant must bear?

Yes. A cash deposit is required when the protest requires (i) recount of ballots or re‐

tabulation of election returns, or (ii) bringing to the COMELEC of copies of other election

documents, printed or electronic, as well as the machines or devices to which electronic

election documents are stored or may be processed.

The amount shall be:

a. One thousand Five Hundred Pesos (Php 1,500.00) for each precinct involved in the

protest or counter‐protest; provided that in no case shall the deposit be less than

Twenty‐five Thousand Pesos (Php 25,000.00), to be paid upon the filing of the

election protest/counter‐protest;

b. If the amount to be deposited does not exceed One Hundred Thousand Pesos (Php

100,000), the same shall be paid in full within ten (10) days after the filing of the

protest; and

c. If the deposit exceeds One Hundred Thousand Pesos (Php 100,000), a cash deposit

in the amount of One Hundred Thousand Pesos (Php 100,000) shall be made

within ten (10) days after the filing of the protest.

The balance shall be paid in such installments as may be required by the COMELEC with at

least five (5) days advance notice to the party required to make the deposit.

Key Point for Protestant:

Failure to make the cash deposits required within the prescribed time limit shall result in the automatic dismissal of the protest or counter‐protest.262

262

COMELEC Resolution No. 8804 (22 March 2010), Part III, Rule 11, Section 2.


211. What are the jurisdictional facts that must be alleged in an election protest?

Before the proper court or tribunal may exercise special jurisdiction in election protests,

the following jurisdictional facts must be alleged in an election protest:

a. That the protestant was a candidate who has duly filed a certificate of candidacy

and was voted upon in the election;

b. That the protestee has been proclaimed in the said election; and

c. That the petition was filed within ten (10) days after the proclamation.269

263

The 1987 Philippine Constitution, Article VII, Section 4. 264

The 1987 Philippine Constitution, Article VI, Section 17. 265


The 1987 Philippine Constitution, Article IX(C), Section 2; Batas Pambansa Blg. 881 (1985), Section 249 and 250. 267


The 1987 Philippine Constitution, Article VI, Section 17; Article VII, Section 4; and Article IX(C), Section 2; Republic Act No. 7166

(1991), Section 22. 269

San Juan v. Cerilles, HRET Case No. 04‐007, 17 February 2005.

Position Jurisdiction Appeal Applicable Procedure

President and

Vice‐President

Supreme Court en banc263‐ 2005 Rules of the

Presidential Electoral

Tribunal

Senators Senate Electoral Tribunal

(SET)264

‐

Revised Rules of the

Senate Electoral Tribunal

dated 12 November 2003

Members of the

House of

Representatives

House of Representatives

Electoral Tribunal (HRET)265

‐

1998 Rules of the House

of Representatives

Electoral Tribunal, as

amended

Regional,

provincial and city

officials

COMELEC266

‐ COMELEC Resolution No.

8804 [22 March 2010] and

COMELEC Rules of

Procedure dated 15

February 1993

Municipal officials proper Regional Trial Court

(RTC)267

COMELEC,

whose decision

will be final,

executory and

non‐

appealable

268


212. Is there any protective measure that can be employed to ensure the integrity of the

ballots pending an election protest?

Yes. Where the allegations in a protest so warrant, and simultaneously with the issuance

of summons, the COMELEC shall order the Municipal Treasurer and Election Officer, and

the responsible personnel and custodian to take immediate steps or measures to

safeguard the integrity of all the ballot boxes, lists of votes with voting records, books of

voters, and other documents or paraphernalia used in the election, as well as data storage

devices containing electronic data evidencing the conduct and the results of elections in

the contested precincts.270

213. When will the ballot boxes and election documents be brought to the COMELEC?

Within forty‐eight (48) hours from receipt of the answer with counter‐protest, if any, and

whenever the allegations in a protest or counter‐protest so warrant, the COMELEC shall

order the ballot boxes with their keys, lists of voters with voting records, books of voters,

the electronic data storage devices, and other documents, paraphernalia, or equipments

relative to the precincts involved in the protest or counter‐protest, to be brought before

it.271

The recount of ballots shall commence on the date specified in the preliminary conference

order.

272

214. Who can file a petition for quo warranto?

Any voter can file a sworn petition for quo warranto.273

215. When can a petition for quo warranto be filed?

A petition for quo warranto shall be filed within ten (10) days after the proclamation of the

results of the election.274

270







216. To whom should the quo warranto be filed?

The jurisdiction to hear quo warranto proceedings is vested in different bodies:

217. Can the courts execute their judgments pending appeal?

Yes. Based on the suppletory applicability of the Rules of Court, the court may, in its

discretion, order the execution of the judgment to issue even before the expiration of the

time to appeal, upon good reasons which should be stated in a special order.

The following constitute "good reasons," and a combination of two or more of them will

suffice to grant execution pending appeal:

a. the public interest involved or the will of the electorate;

b. the shortness of the remaining portion of the term of the contested office; and

c. the length of time that the election contest has been pending.279

218. Is it possible to suspend or toll the running of the 10‐day period for the filing of an election protest or quo warranto?

The filing of a petition to annul or to suspend the proclamation of any candidate with the

COMELEC shall toll or suspend the running of the 10‐day period, respectively.280

275

The 1987 Philippine Constitution, Article VII, Section 4. 276



The 1987 Philippine Constitution, Article IX(C), Section 2; Batas Pambansa Blg. 881 (1985), Section 253. 279

Ramas et. al. v. COMELEC et. al., GR No. 130831 , 10 February 1998.

Position Jurisdiction Appeal Applicable Procedure

President and

Vice‐President

Supreme Court en banc275

‐

2005 Rules of the Presidential

Electoral Tribunal

Senators SET276

‐ Revised Rules of the Senate

Electoral Tribunal dated 12

November 2003

Members of the

House of

Representatives

HRET277

‐ 1998 Rules of the House of

Representatives Electoral Tribunal,

as amended

Regional,

provincial and city

officials

COMELEC278

‐

COMELEC Resolution No. 8804 [22

March 2010] and COMELEC Rules of

Procedure dated 15 February 1993


219. Is there a preference granted to election protests and quo warranto proceedings?

YES. The courts, in their respective cases, shall give preference to election contests over

all other cases, except those of habeas corpus, and shall without delay, hear and, within

thirty (30) days from the date of their submission for decision, but in every case within six

(6) months after filing, decide the same.281

220. What are the differences between an election protest and a quo warranto proceeding?

ELECTION CONTEST QUO WARRANTO

Purpose Annul the election of an elected

candidate on the grounds of frauds

and irregularities in the conduct of

election and the counting and

canvassing of votes

Disqualify an elected official on the

ground of ineligibility due to age,

citizenship or the COMELEC of acts

enumerated under Section 68 of B.

P. Blg. 881

Issue Who obtained the highest number

of legal votes Qualification or the lack of it of the

winning candidate,

Who files Candidate who has duly filed a

certificate of candidacy and has

been voted for the same office

Any registered voter

Effect on the Prostestee

Protestant may assume office after

protestee is unseated Protestee may be ousted, the

protestant will not be seated

221. In the case of an election protest, what will happen if the protestant dies after the

filing of the petition?

With the death of the protestant, there is no longer a protestant to speak of. A claim to a

public office is personal to the protestant and, therefore, cannot pass on to his widow or

other heirs. In which case, the petition will be dismissed.282

222. Is the simultaneous prosecution of a pre‐proclamation controversy and an election protest allowed?

Yes. There is no law or rule prohibiting the simultaneous prosecution or adjudication of

pre‐proclamation controversies and elections protests. Simultaneous prosecution

scenarios may be allowed because pre‐proclamation controversies and election protests

differ in terms of the issues involved and the evidence admissible in each case and the

objective each seeks to achieve.

280

Batas Pambansa Blg. 881 (1985), Section 248; See also Tan and Burahan v. COMELEC, GR Nos. 166143‐47, 20 November 2006. 281


Abadilla v. Aban, HRET Case No. 95‐005, 11 September 1996; See also Poe v. Macapagal‐Arroyo, P.E.T. Case No. 002, 29 March 2005.


Moreover, under certain circumstances, the Supreme Court even encourages the

reinforcement of a pre‐proclamation suit with an election protest. When it becomes

apparent that a pre‐proclamation suit is inadequate, the election irregularities may be fully

ventilated and properly adjudicated by the competent tribunal.283

223. How about the quo warranto and election protest? May they be simultaneously heard?

Yes. The proper tribunal/court’s jurisdiction over a quo warranto proceeding and a protest

proper can be exercised jointly and in the same proceeding.284

224. Who has the burden of proof in an election protest?

It is protestant who had the burden of proof to show that the results of election are false

and erroneous.285

225. What must be proven in an election protest and how must it be proved?

The issue in an election protest is who obtained the highest number of legal votes. Then,

the protestant must show that he actually obtained the highest number of valid votes.

To prove this, one may:

a. Show miscounting and/or misappreciation of votes in a process called revision of

ballots, wherein the ballot boxes and their contents, especially the ballots, are

opened, re‐counted and re‐examined; and

b. Proving that certain votes of the protestee are invalid, because, among other

things, the ballots were cast under duress or that the ballots were cast by persons

other than the registered voters.286

226. How should the evidence be presented before the COMELEC?

The reception of evidence on all matters of issues raised in the protest and counter‐protest

shall be presented and offered in a hearing upon the completion of the recount of ballots,

or re‐tabulation of election documents, or the technical examination, if warranted.

Reception of evidence shall be made in accordance with the following order of hearing:

a. The protestant shall present evidence in support of the protest;

b. The protestee shall then adduce evidence in support of the defense, counterclaim

or counter‐protest, if any;

283

Tan and Burahan v. COMELEC, G.R. Nos. 166143‐47, 20 November 2006. 284

Loyola v. Dragon, HRET Case No. 92‐026, 31 January 1994. 285

Batuhan v. Cuenco, HRET Case No. 01‐032,22 January 2004. 286

Loyola v. Dragon, HRET Case No. 92‐026, 31 January 1994.


c. The parties may then respectively offer rebutting the evidence only, unless the

COMELEC for good reasons, in the furtherance of justice, permits them to offer

evidence upon their original case, and

d. No sub‐rebuttal evidence shall be allowed.287

227. What is the best evidence by which the protestant can prove that the results of the election were erroneous?

In an election contest where what is involved is the correctness of the number of votes of

each candidate, the best and most conclusive evidence are the ballots themselves. But

where the ballots cannot be produced, were tampered, or are not available, the ERs would

be the best evidence.288

While the ballots are the best evidence of the manner in which the electors have voted,

they are the best evidence only when their integrity can be satisfactorily established. One

who relies, therefore, upon overcoming the prima facie correctness of the official canvass

by a resort to the ballots, must first show that the ballots are intact and genuine. Once this

is shown, the burden of proof shifts to the protestee of establishing that the ballots have in

fact been tampered with, or that they have been exposed under such circumstances that a

violation of them might have taken place.

289

228. How will electronic evidence be treated?

An electronic document or data shall be regarded as the equivalent of an original

document under the Best Evidence Rule if it is a printout or output readable by sight or

other means, shown to reflect the data accurately.290

229. How will electronic evidence be authenticated?

The person seeking to introduce an electronic document in an election protest has the

burden of proving its authenticity.291

287


Lerias v. HRET, GR No. 97105, 15 October 1991. 289

Rosal v. COMELEC, GR No. 168253 & 172741, 16 March 2007. 290

COMELEC Resolution No. 8804 (22 March 2010), Part IV, Rule 21, Section 1. 291

COMELEC Resolution No. 8804 (22 March 2010), Part IV, Rule 22, Section 1 and Section 2.

Manner of proving authenticity of electronic document or data

presented as evidence:

a. by evidence that it had been digitally signed by the person purported to have signed the same;

b. by evidence that other appropriate security procedures or devices for authentication of electronic documents were applied to the document; or

c. by other evidence showing its integrity and reliability to the satisfaction of the judge.


230. Can the petitioner claim damages in an election protest or quo warranto proceeding?

Yes. The petitioner may be granted actual or compensatory damages.292

Conversely, if the protestant had lost in the protest, it also does not automatically result in

damages in favor of the protestee, otherwise, it will discourage the parties from seeking

redress of grievances. Therefore, the prevailing party to be entitled to damages involves

an independent determination based on the facts and the law on damages.

The propriety of

the award of damages in favor of the protestant as against the protestee hinges on

whether or not the protestee committed an actionable wrong which could serve as basis

for the award. The mere fact that a protestant (or a plaintiff, for that matter) wins in an

adversarial proceeding does not automatically result in an award for damages against the

protestee (or defendant).

293

231. Are there any legal presumptions in appreciating the ballots and the ERs as evidence?

Yes. In the absence of evidence to the contrary, it is presumed that every election has been

conducted fairly, honestly, and regularly; and the election inspectors, who performed their

duties under oath, are presumed to have discharged them faithfully, to have appreciated

the ballots correctly, and to have counted the votes accurately.

Therefore, the tally boards and the ERs are prima facie evidence of the true results of

election in a precinct and the party who, in an election contest, impugns the election in any

precinct, has the burden of proving that the tally boards and the ERs are inaccurate or

false.294

292


Randa v. Libardos, EAC No. 210‐94, 24 August 1995; See also Malaluan v. COMELEC, GR No. 120193, 6 March 1996. 294

Batuhan v. Cuenco, HRET Case No. 01‐032, 22 January 2004.


The following presumptions are considered as facts, unless contradicted or overcome by other evidence:

a) On the election procedure:

� The election of candidates was held on the date and time set and in the polling place determined by the COMELEC;

� The BEIs were duly constituted and organized;

� Political parties and candidates were duly represented by poll watchers;

� Poll watchers were able to perform their function; and

� The Minutes of Voting and Counting contain all the incidents that transpired before the BEI.

b.) On election paraphernalia:

� Ballots and election returns that hear the security markings and features prescribed by the COMELEC are genuine;

� The data and information supplied by BEI members in the accountable forms are true and correct; and

� The allocation, packing, and distribution of election documents or paraphernalia were properly and timely done.

c.) On appreciation of ballots:

� A ballot with appropriate security markings is valid;

� The ballot reflects the intent of the voter;

� The ballot is properly accomplished;

� A voter personally prepared one ballot, except in the case of assistors; and

� The exercise of one’s right to vote was voluntary and free.


XII. ELECTION OFFENSES 232. What are considered election offenses? See Annex 1 for the list of election offenses that may be committed by (i) a voter; (ii) BEI

member ; (iii) any person in all three stages — before the voting (pre‐election), election

(during the voting), and after the voting (post‐election).

233. Who are liable for election offenses under the Omnibus Election Code? The principals, accomplices, and accessories, as defined in the Revised Penal Code, shall be

criminally liable for election offenses.

If the one responsible is a political party or an entity, the president or head, the officials

and employees of the same who performed 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.295

234. What are the exemptions to the prohibition on selling, furnishing, offering, buying, serving or taking 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?

296

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 COMELEC. Foreign tourists taking

intoxicating liquor in said authorized hotels or establishments are exempted.

235. What are the consequences of double registration of a voter?

A registered voter registering anew without filing an application for cancellation of his

previous registration is guilty of an election offense.297 The first registration of any voter

subsists but any subsequent registration thereto is void ab initio.298 The mere act of

requesting for cancellation is insufficient, the COMELEC must first act on the request for

cancellation.299

236. What is the additional penalty to the election offense of refusal to carry election mail matter?

Such refusal shall constitute a ground for cancellation or revocation of certificate of public

convenience or franchise.

295


Batas Pambansa Blg. 881 (1985), Section 261 (dd) (1). 297

Batas Pambansa Blg. 881 (1985), Section 261 (y) (5). 298

Maruhom v. Comelec, G.R. No. 179430, 27 July 2009 citing Comelec Minute Resolution No. 00‐1513. 299

Maruhom v. Comelec, G.R. No. 179430, 27 July 2009 citing Comelec Minute Resolution No. 00‐1513.


237. What is the additional penalty to the election offense of discrimination in the sale of air time?

Such refusal shall constitute a ground for cancellation or revocation of the franchise.

238. What is the procedure for the investigation of Vote‐Buying and Vote‐Selling?

A complaint for vote‐buying and vote‐selling must be presented. The complaint must be

supported by affidavits of complaining witnesses attesting to the offer or promise by or of

the voter’s acceptance of money or other consideration from the relatives, leaders or

sympathizers of a candidate. The COMELEC will then immediately conduct an

investigation, directly or through its duly authorized legal officers.300

239. Who are liable for the offense of Vote‐Buying and Vote‐Selling?

The giver, offeror, and promisor, as well as the solicitor, acceptor, recipient and

conspirator shall be liable as principals.

Any person, otherwise guilty under said paragraphs who voluntarily gives information and

willingly testifies on any violation thereof in any official investigation or proceeding shall

be exempt from prosecution and punishment for the offenses with reference to which his

information and testimony were given, provided that nothing herein shall exempt such

person from criminal prosecution for perjury or false testimony.

240. Will the presence of the form or name in the book of voters or certified list of voters in other precincts justify the failure to include the approved application form for registration of a qualified voter in the book of voters of a particular precinct that prevents the voter from casting his votes as an election offense? Will the presence of the form or name in the book of voters or certified list of voters in other precincts justify the omission of the name of a duly registered voter in the certified list of voters of the precinct where he is duly registered resulting in his failure to cast his vote during an election, plebiscite, referendum, initiative and/or recall?301

No to both. The presence of the form or name in the book of voters or certified list of

voters in precincts other than where he is duly registered shall not be used as an excuse for

the election offenses mentioned.

241. When is there a disputable presumption of conspiracy in Vote‐Buying and Vote‐Selling?

Proof that at least one (1) voter in different precincts representing at least twenty percent

(20%) of the total precincts in any municipality, city or province has been offered,

promised or given money, valuable consideration or other expenditure by a candidate’s

300

Batas Pambansa Blg. 881 (1985), Section 68 or Section 265. 301

Republic Act No. 8189 (1996), Section 45 (h).


relatives, leaders and/or sympathizers for the purpose of promoting the election of such

candidate, shall constitute a disputable presumption of a conspiracy.302

242. Is there such a thing as the election offense of premature campaigning?

Where such proof affects at least twenty percent (20%) of the precincts of the

municipality, city or province to which the public office aspired for by the favored

candidate relates, the same shall constitute a disputable presumption of the involvement

of such candidate and of his principal campaign managers in each of the municipalities

concerned, in the conspiracy.

No. A candidate is liable for an election offense only for acts done during the campaign

period, not before. Any election offense that may be committed by a candidate under any

election law cannot be committed before the start of the campaign period. 303

243. When are election offenses considered as electoral sabotage?

Electoral Sabotage

The following acts shall constitute electoral sabotage304

� In the national elective post: tampering, increasing and/or decreasing of votes or refusing to credit the correct votes or to deduct tampered votes, and the results of the election to said national office shall be adversely affected,

:

� In other elective posts: tampering, increasing and/or decreasing of votes or refusing to credit the correct votes or to deduct tampered votes, accomplished in a single election document or in the transposition of the figures/results from one election document to another and involved in the said tampering increase and/or decrease or refusal to credit correct votes or deduct tampered votes exceed five thousand (5,000) votes, and that the same adversely affects the true results of the election

� Any and all other forms or tampering increase/s and/or decrease/s of votes perpetuated or in cases of refusal to credit the correct votes or deduct the tampered votes, where the total votes involved exceed ten thousand (10,000) votes.

302

Batas Pambansa Blg. 881 (1985), Section 261 (b). 303

Penera v. COMELEC, G.R. No. 181613, 25 November 2009; See also Republic Act No. 8436, Section 15, as amended by Republic Act

No. 9369 (2007), Section 13. 304



244. What acts are not considered election offenses?

a. Denial of the Right to be Present and to Counsel During the Canvass;305

b. Entry of the Canvassing Room by security or armed personnel;

306

c. Filling a vacancy for councilor during the election ban;

307

d. Premature campaigning.

and 308

245. Are the acts considered unlawful by pertinent election laws also necessarily considered election offenses?

Not necessarily. Often times the liability is administrative only. Under Section 2, Article IX‐

C of the Constitution, the COMELEC may recommend to the President the imposition of

disciplinary action on any officer or employee the COMELEC has deputized for violation of

its directive, order or decision. Also, under the Revised Administrative Code, the

COMELEC may recommend to the proper authority the suspension or removal of any

government official or employee found guilty of a violation of election laws or failure to

comply with COMELEC orders or rulings.309

246. Must the deadly weapon be seized from the accused while inside a precinct or within 100 meters thereof to sustain a conviction for illegally carrying a deadly weapon inside a precinct?

No. It is enough that he carried the deadly weapon “in the polling place or within 100

meters thereof” during any of the specified period to sustain a conviction for illegally

carrying a deadly weapon inside a precinct.310

247. What are the elements of the election offense “transfer or detail of officers and employees in the civil service”?

a. The fact of transfer or detail of a public officer or employee within the election

period as fixed by the COMELEC; and

b. The transfer or detail was done without prior approval of the COMELEC in

accordance with its implementing rules and regulations.

305

Malinias v. COMELEC, G.R. No. 146943, 4 October 2002 in relation to Republic Act No. 6646, Section 25. 306

Malinias v. COMELEC, G.R. No. 146943, 4 October 2002 in relation to Batas Pambansa Blg. 881, (1985), Section 232. 307

Ong v. Herrera‐Martinez, G.R. No. 87743, 21 August 1990,“The permanent vacancy for councilor exists and its filling up is governed by

the Local Government Code while the appointment referred to in the election ban provision is covered by the Civil Service Law.” 308

Penera v. COMELEC, G.R. No. 181613, 25 November 2009; See also Republic Act No. 8436 (1997), Section 15, as amended by


Malinias v. COMELEC, G.R. No. 146943, 4 October 2002. 310

Mappalal v. Nunez, A.M. No. RTJ‐94‐1208, 26 January 1995.


248. Where should the complaints on election offenses be filed?

The complaint shall be filed with the Law Department of the COMELEC, or with the offices

of the Election Registrars, Provincial Election Supervisors or Regional Election Directors, or

the State Prosecutor, Provincial Fiscal or City Fiscal. If filed with any of the latter three (3)

officials, the investigation of such complaints may be delegated to any of their

assistants.311

249. What body has jurisdiction over election offenses?

The Regional Trial Court has jurisdiction even if the offense carries with it a penalty not

exceeding six (6) years.312

250. Who has the exclusive power to conduct preliminary investigations of election offenses?

The COMELEC used to have the exclusive power to conduct preliminary investigations of

election offenses.313

However, presently, the COMELEC shall, through its duly authorized legal officers, have

the power, concurrent with the other prosecuting arms of the government, to conduct

preliminary investigation of all election offenses punishable under this Code, and

prosecute the same.

314

Republic Act No. 9369 Section 43 seems to overturn earlier

jurisprudence.

311

COMELEC Rules of Procedure, Rule VI, Section 1; See also Corpus v. Tanodbayan, G.R. No. L‐62075, 15 April 1987, Kilosbayan v. COMELEC, G.R. No. 128054, 16 October 1997.

312 COMELEC v. Noynay, G.R. No. 132365, 9 July 1998.

313 People v. Inting, G.R. No. 88919, 25 July 1990.

314 Batas Pambansa Blg. 881 (1985), Section 265, as amended by Republic Act No. 9369 (2007) Section 43.

An

nex

1:

EL

EC

TIO

N O

FF

EN

SE

S

AE

S 2

010

HA

ND

BO

OK

Pa

ge a

An

ne

x 1

: EL

EC

TIO

N O

FF

EN

SE

S

By

a V

ote

r

Pre

‐Ele

ctio

n O

ffe

nse

s E

lect

ion

Off

en

ses

�

Ma

kin

g a

ny

fals

e o

r u

ntr

uth

ful

sta

tem

en

t re

ga

rdin

g a

ny

of

the

da

ta o

r in

form

ati

on

re

qu

ire

d in

th

e a

pp

lica

tio

n f

or

reg

istr

ati

on

;i

�

Re

gis

teri

ng

an

ew

wit

ho

ut

filin

g a

n a

pp

lica

tio

n f

or

can

cella

tio

n

of

his

pre

vio

us

reg

istr

ati

on

;

ii

�

Re

gis

teri

ng

in s

ub

stit

uti

on

fo

r a

no

the

r w

he

the

r w

ith

or

wit

ho

ut

the

latt

er'

s k

no

wle

dg

e o

r co

nse

nt;

iii

�

De

live

rin

g,

ha

nd

ing

o

ver,

e

ntr

ust

ing

o

r g

ivin

g,

dir

ect

ly

or

ind

ire

ctly

, h

is

vote

r’s

ide

nti

fica

tio

n

card

to

a

no

the

r in

con

sid

era

tio

n o

f m

on

ey

or

oth

er

be

ne

fit

of

pro

mis

e;

or

tak

e o

r

acc

ep

t su

ch v

ote

r’s

ide

nti

fica

tio

n c

ard

, d

ire

ctly

or

ind

ire

ctly

, b

y

giv

ing

o

r ca

usi

ng

th

e

giv

ing

o

f m

on

ey

or

oth

er

be

ne

fit

or

ma

kin

g o

r ca

usi

ng

th

e m

ak

ing

of

a p

rom

ise

th

ere

fore

;

iv

�

De

ad

ly w

ea

po

ns

(in

th

e po

llin

g pl

ace

or

a r

ad

ius

of 1

00

met

er

ther

eof)

;v

�

Vo

tin

g m

ore

th

an

on

ce i

n t

he

sa

me

ele

ctio

n,

or

wh

o,

no

t

be

ing

a r

eg

iste

red

vo

ter,

vo

tes

in a

n e

lect

ion

;

vi

�

Vo

tin

g i

n s

ub

stit

uti

on

fo

r a

no

the

r w

he

the

r w

ith

or

wit

ho

ut

the

latt

er'

s k

no

wle

dg

e a

nd

/or

con

sen

t;

vii

�

Allo

win

g h

is b

allo

t to

be

pre

pa

red

by

an

oth

er

pe

rso

n,

wh

en

on

e is

no

t ill

ite

rate

no

r p

hys

ica

lly d

isa

ble

d,;

viii

�

Usi

ng

a b

allo

t in

th

e c

ou

rse

of

voti

ng

oth

er

tha

n t

he

on

e

giv

en

by

the

bo

ard

of

ele

ctio

n in

spe

cto

rs;

ix

�

Po

sse

ssin

g m

ore

th

an

on

e o

ffic

ial b

allo

t;

x

�

De

libe

rate

ly b

lurr

ing

his

fin

ge

rpri

nt

in t

he

vo

tin

g r

eco

rd;

xi

An

nex

1:

EL

EC

TIO

N O

FF

EN

SE

S

AE

S 2

010

HA

ND

BO

OK

Pa

ge b

By

a B

EI M

em

be

r

Pre

‐Ele

ctio

n O

ffe

nse

s E

lect

ion

Off

en

ses

Po

st‐E

lect

ion

Off

en

ses

�

Ap

pro

vin

g

an

y

ap

plic

ati

on

w

hic

h

on

it

s

face

sh

ow

s th

at

the

a

pp

lica

nt

do

es

no

t

po

sse

ss a

ll th

e q

ua

lific

ati

on

s p

resc

rib

ed

by

law

fo

r a

vo

ter;

or

wh

o d

isa

pp

rove

s a

ny

ap

plic

ati

on

wh

ich

on

its

fa

ce s

ho

ws

tha

t

the

a

pp

lica

nt

po

sse

sse

s a

ll su

ch

qu

alif

ica

tio

ns;

xii

�

Acc

ep

tin

g a

n a

pp

oin

tme

nt

to t

he

bo

ard

of

ele

ctio

n

insp

ect

ors

o

r th

e

bo

ard

o

f

can

vass

ers

, a

ssu

min

g o

ffic

e,

an

d a

ctu

ally

serv

ing

as

a m

em

be

r th

ere

of

by

an

y p

ers

on

wh

o, b

ein

g in

elig

ible

fo

r a

pp

oin

tme

nt;

xiii

�

Re

fusi

ng

to

sig

n c

ert

ify

an

y e

lect

ion

fo

rm

req

uir

ed

by

this

Co

de

or

pre

scri

be

d b

y t

he

CO

ME

LE

C a

lth

ou

gh

he

wa

s p

rese

nt

du

rin

g

the

me

eti

ng

of

the

sa

id b

od

y;

xiv

�

An

y

me

mb

er

of

the

b

oa

rd

of

ele

ctio

n

insp

ect

ors

ch

arg

ed

wit

h t

he

du

ty o

f re

ad

ing

the

ba

llot

du

rin

g t

he

co

un

tin

g o

f vo

tes

wh

o

de

libe

rate

ly

om

its

to

rea

d

the

vo

te

du

ly

wri

tte

n

on

th

e

ba

llot,

o

r m

isre

ad

s th

e

vote

act

ua

lly w

ritt

en

th

ere

on

or

rea

ds

the

na

me

of

a

can

did

ate

wh

ere

no

na

me

is

wri

tte

n o

n t

he

ba

llot;

xv

�

An

y

me

mb

er

of

the

b

oa

rd

of

ele

ctio

n

insp

ect

ors

ch

arg

ed

wit

h t

he

du

ty o

f ta

llyin

g

the

vo

tes

in t

he

ta

lly b

oa

rd o

r sh

ee

t, E

R

or

oth

er

pre

scri

be

d f

orm

wh

o d

elib

era

tely

fa

ils t

o

reco

rd a

vo

te t

he

rein

or

reco

rds

err

on

eo

usl

y

the

vo

tes

as

read

, o

r re

cord

s a

vo

te w

he

re n

o

such

vo

te h

as

be

en

re

ad

by

th

e c

ha

irm

an

;

xvi

�

An

y m

em

be

r o

f a

bo

ard

of

ele

ctio

n i

nsp

ect

ors

wh

o h

as

ma

de

po

ssib

le t

he

ca

stin

g o

f m

ore

vote

s th

an

th

ere

are

re

gis

tere

d v

ote

rs;

xvii

�

De

libe

rate

ly

ab

sen

tin

g

him

self

fr

om

th

e

me

eti

ng

s o

f sa

id

bo

dy

fo

r th

e

pu

rpo

se

of

ob

stru

ctin

g o

r d

ela

yin

g t

he

pe

rfo

rma

nce

of

its

du

tie

s o

r fu

nct

ion

s,

by

a

ny

me

mb

er

of

the

bo

ard

s o

f e

lect

ion

in

spe

cto

rs a

nd

bo

ard

s o

f

can

vass

ers

;xviii

�

Ta

mp

eri

ng

, in

cre

asi

ng

or

de

cre

asi

ng

th

e v

ote

s

rece

ive

d

by

a

can

did

ate

in

a

ny

ele

ctio

n

(ele

ctio

n s

ab

ota

ge

);

xix

�

Re

fusi

ng

, a

fte

r p

rop

er

veri

fica

tio

n a

nd

he

ari

ng

,

to

cre

dit

th

e

corr

ect

vo

tes

or

de

du

ct

such

tam

pe

red

vo

tes

by

an

y m

em

be

r o

f th

e b

oa

rd

of

ele

ctio

n in

spe

cto

rs o

r b

oa

rd o

f ca

nva

sse

rs;

xx

�

Re

fusi

ng

to

iss

ue

to

du

ly a

ccre

dit

ed

wa

tch

ers

�

Th

e c

ha

irm

an

or

an

y m

em

be

r o

f th

e b

oa

rd o

f

ele

ctio

n

insp

ect

ors

w

ho

, d

uri

ng

th

e

pre

scri

be

pe

rio

d o

f p

ost

ing

, re

mo

ves

the

ele

ctio

n r

etu

rn

fro

m t

he

wa

ll o

n w

hic

h i

t h

ad

be

en

po

ste

d o

the

r

tha

n f

or

the

pu

rpo

se o

f im

me

dia

tely

tra

nsf

err

ing

it t

o a

mo

re s

uit

ab

le p

lace

;xxii

�

Th

e c

ha

irm

an

or

an

y m

em

be

r o

f th

e b

oa

rd o

f

ele

ctio

n i

nsp

ect

ors

wh

o s

ign

s o

r a

uth

en

tica

tes

a

pri

nt

of

the

ele

ctio

n r

etu

rn o

uts

ide

of

the

po

llin

g

pla

ce;xx

iii

�

Th

e c

ha

irm

an

or

an

y m

em

be

r o

f th

e b

oa

rd o

f

ele

ctio

n i

nsp

ect

ors

wh

o s

ign

s o

r a

uth

en

tica

tes

a

pri

nt

wh

ich

be

ars

an

im

ag

e d

iffe

ren

t fr

om

th

e

ele

ctio

n

retu

rn

pro

du

ced

a

fte

r co

un

tin

g

an

d

po

ste

d o

n t

he

wa

ll;xx

iv

�

Fa

ilure

to

pro

pe

rly

dis

trib

ute

th

e c

op

ies

of

ER

;

xxv

�

Fa

ilure

to

co

un

t t

he

vo

tes

in p

ub

lic a

nd

wit

ho

ut

inte

rru

pti

on

;

xxvi

An

nex

1:

EL

EC

TIO

N O

FF

EN

SE

S

AE

S 2

010

HA

ND

BO

OK

Pa

ge c

Pre

‐Ele

ctio

n O

ffe

nse

s E

lect

ion

Off

en

ses

Po

st‐E

lect

ion

Off

en

ses

the

ce

rtif

ica

te o

f vo

tes

pro

vid

ed

in

Se

ctio

n 1

6

of

Re

pu

blic

Act

No

. 6

46

6 b

y a

ny

me

mb

er

of

the

bo

ard

of

ele

ctio

n i

nsp

ect

ors

or

bo

ard

of

can

vass

ers

;xxi

An

nex

1:

EL

EC

TIO

N O

FF

EN

SE

S

AE

S 2

010

HA

ND

BO

OK

Pa

ge d

By

a B

OC

Me

mb

er

P

re‐E

lect

ion

Off

en

ses

Po

st‐E

lect

ion

Off

en

ses

�

Acc

ep

tin

g a

n a

pp

oin

tme

nt

to t

he

bo

ard

of

ele

ctio

n in

spe

cto

rs o

r

the

bo

ard

of

can

vass

ers

, ass

um

ing

off

ice

, an

d a

ctu

ally

se

rvin

g a

s

a

me

mb

er

the

reo

f b

y a

ny

pe

rso

n

wh

o,

be

ing

in

elig

ible

fo

r

ap

po

intm

en

t;xx

vii

�

Fa

ilin

g t

o g

ive

du

e n

oti

ce o

f th

e d

ate

, ti

me

an

d p

lace

of

the

me

eti

ng

of

said

bo

ard

to

th

e c

an

did

ate

s, p

olit

ica

l pa

rtie

s a

nd

/or

me

mb

ers

of

the

bo

ard

by

th

e

cha

irm

an

of

the

bo

ard

of

can

vass

ers

;xxvi

ii

�

Pro

cee

din

g

wit

h

the

ca

nva

ss

of

the

vo

tes

an

d/o

r p

rocl

am

ati

on

o

f a

ny

can

did

ate

w

hic

h

wa

s su

spe

nd

ed

o

r a

nn

ulle

d

by

th

e

CO

ME

LE

C

, b

y

an

y

me

mb

er

of

the

bo

ard

of

can

vass

ers

;xxix

�

Pro

cee

din

g w

ith

th

e c

an

vass

of

vote

s a

nd

/or

pro

cla

ma

tio

n o

f a

ny

ca

nd

ida

te

in t

he

ab

sen

ce o

f q

uo

rum

, o

r w

ith

ou

t g

ivin

g d

ue

no

tice

of

the

da

te,

tim

e a

nd

pla

ce o

f th

e m

ee

tin

g o

f th

e b

oa

rd t

o t

he

ca

nd

ida

tes,

po

litic

al

pa

rtie

s, a

nd

/or

oth

er

me

mb

ers

of

the

bo

ard

, b

y a

ny

me

mb

er

of

the

bo

ard

of

can

vass

ers

;

xxx

�

Usi

ng

in

th

e c

an

vass

of

vote

s a

nd

/or

pro

cla

ma

tio

n o

f a

ny

ca

nd

ida

te a

ny

do

cum

en

t o

the

r th

an

th

e o

ffic

ial

cop

y o

f th

e E

R ,

w

ith

ou

t a

uth

ori

ty o

f th

e

CO

ME

LE

C ,

by

an

y m

em

be

r o

f th

e b

oa

rd o

f ca

nva

sse

rs;

xxxi

�

De

libe

rate

ly

ab

sen

tin

g

him

self

fr

om

th

e

me

eti

ng

s o

f sa

id

bo

dy

fo

r th

e

pu

rpo

se o

f o

bst

ruct

ing

or

de

layi

ng

th

e p

erf

orm

an

ce o

f it

s d

uti

es

or

fun

ctio

ns,

by

a

ny

me

mb

er

of

the

b

oa

rds

of

ele

ctio

n

insp

ect

ors

a

nd

b

oa

rds

of

can

vass

ers

;xxxi

i

�

Re

fusi

ng

to

sig

n c

ert

ify

an

y e

lect

ion

fo

rm r

eq

uir

ed

by

th

is C

od

e o

r p

resc

rib

ed

by

th

e C

OM

EL

EC

a

lth

ou

gh

he

wa

s p

rese

nt

du

rin

g t

he

me

eti

ng

of

the

sa

id

bo

dy;

xxxi

ii

�

Ta

mp

eri

ng

, in

cre

asi

ng

or

de

cre

asi

ng

th

e v

ote

s re

ceiv

ed

by

a c

an

did

ate

in a

ny

ele

ctio

n (

ele

ctio

n s

ab

ota

ge

);xx

xiv

�

Re

fusi

ng

, a

fte

r p

rop

er

veri

fica

tio

n a

nd

he

ari

ng

, to

cre

dit

th

e c

orr

ect

vo

tes

or

de

du

ct

such

ta

mp

ere

d

vote

s b

y

an

y

me

mb

er

of

the

b

oa

rd

of

ele

ctio

n

insp

ect

ors

or

bo

ard

of

can

vass

ers

;xxxv

�

Fa

ilin

g t

o c

om

ply

wit

h t

he

ma

nn

er

of

cou

nti

ng

vo

tes;

xxxv

i

An

nex

1:

EL

EC

TIO

N O

FF

EN

SE

S

AE

S 2

010

HA

ND

BO

OK

Pa

ge e

By

a P

ub

lic

Off

ice

r

Pre

‐Ele

ctio

n O

ffe

nse

s E

lect

ion

Off

en

ses

Po

st‐E

lect

ion

Off

en

ses

�

Ap

po

intm

en

t o

f n

ew

em

plo

ye

es,

cre

ati

on

of

ne

w

po

siti

on

, p

rom

oti

on

, o

r g

ivin

g

sala

ry

incr

ea

ses;

xxxv

ii

�

Tra

nsf

er

of

off

ice

rs a

nd

em

plo

yee

s in

th

e c

ivil

serv

ice

;xxxv

iii

�

Inte

rve

nti

on

o

f p

ub

lic

off

ice

rs

an

d

em

plo

yee

s;xx

xix

�

Use

of

Un

du

e in

flu

en

ce;xl

�

Re

lievi

ng

an

y

me

mb

er

of

an

y

bo

ard

o

f

ele

ctio

n i

nsp

ect

ors

or

bo

ard

of

can

vass

ers

,

wit

ho

ut

au

tho

rity

of

the

CO

ME

LE

C

by

an

y

pu

blic

off

icia

l or

pe

rso

n a

ctin

g in

his

be

ha

lf;

xli

�

Ch

an

gin

g

or

cau

sin

g

the

ch

an

ge

o

f th

e

ass

ign

me

nts

of

an

y m

em

be

r o

f a

ny

bo

ard

of

ele

ctio

n i

nsp

ect

ors

or

bo

ard

of

can

vass

ers

,

wit

ho

ut

au

tho

rity

of

the

CO

ME

LE

C

by

an

y

pu

blic

off

icia

l or

pe

rso

n a

ctin

g in

his

be

ha

lf;

xlii

�

Ap

po

intm

en

t o

r u

se

of

spe

cia

l p

olic

em

en

,

spe

cia

l a

ge

nts

, co

nfi

de

nti

al

ag

en

ts

of

the

like

;xliii

�

Ille

ga

l re

lea

se o

f p

riso

ne

rs b

efo

re a

nd

aft

er

ele

ctio

n;xl

iv

�

Use

o

f p

ub

lic

fun

ds,

m

on

ey

d

ep

osi

ted

in

tru

st,

eq

uip

me

nt,

fa

cilit

ies

ow

ne

d

or

con

tro

lled

by

the

go

vern

me

nt

for

an

ele

ctio

n

cam

pa

ign

;

xlv

�

Su

spe

nsi

on

o

f e

lect

ive

p

rovi

nci

al,

ci

ty,

mu

nic

ipa

l or

ba

ran

ga

y o

ffic

er;

xlvi

�

Ap

po

inti

ng

su

ch i

ne

ligib

le p

ers

on

to

th

e B

EI

or

BO

C k

no

win

g h

im t

o b

e i

ne

ligib

le b

y a

ny

�

Ch

an

gin

g

or

cau

sin

g

the

ch

an

ge

o

f th

e

ass

ign

me

nts

o

f a

ny

m

em

be

r o

f a

ny

bo

ard

o

f e

lect

ion

insp

ect

ors

or

bo

ard

of

can

vass

ers

, w

ith

ou

t a

uth

ori

ty o

f

the

CO

ME

LE

C

by

an

y p

ub

lic o

ffic

ial

or

pe

rso

n a

ctin

g i

n

his

be

ha

lf;xl

ix

�

Re

lievi

ng

a

ny

me

mb

er

of

an

y b

oa

rd o

f e

lect

ion

insp

ect

ors

o

r b

oa

rd

of

can

vass

ers

, w

ith

ou

t

au

tho

rity

of

the

CO

ME

LE

C

by

an

y p

ub

lic o

ffic

ial

or

pe

rso

n a

ctin

g in

his

be

ha

lf;l

�

Ch

an

gin

g

or

cau

sin

g

the

ch

an

ge

o

f th

e

ass

ign

me

nts

o

f a

ny

m

em

be

r o

f a

ny

b

oa

rd

of

ele

ctio

n

insp

ect

ors

o

r b

oa

rd

of

can

vass

ers

,

wit

ho

ut

au

tho

rity

of

the

CO

ME

LE

C b

y a

ny

pu

blic

off

icia

l or

pe

rso

n a

ctin

g in

his

be

ha

lf;

li

�

Fa

ilin

g t

o g

ive

no

tice

of

me

eti

ng

s to

oth

er

me

mb

ers

of

the

b

oa

rd,

can

did

ate

o

r p

olit

ica

l p

art

y

as

req

uir

ed

un

de

r S

ect

ion

23

of

Re

pu

blic

Act

No

. 6

46

6

by

th

e c

ha

irm

an

of

the

bo

ard

of

can

vass

ers

;

lii

An

nex

1:

EL

EC

TIO

N O

FF

EN

SE

S

AE

S 2

010

HA

ND

BO

OK

Pa

ge f

Pre

‐Ele

ctio

n O

ffe

nse

s E

lect

ion

Off

en

ses

Po

st‐E

lect

ion

Off

en

ses

pu

blic

o

ffic

er

or

an

y p

ers

on

a

ctin

g

in

his

be

ha

lf;xl

vii

�

Fa

ilin

g

to

po

st

the

vo

ters

' lis

t w

ith

in

the

spe

cifi

ed

ti

me

, d

ura

tio

n

an

d

in

the

de

sig

na

ted

lo

cati

on

sh

all

con

stit

ute

a

n

ele

ctio

n o

ffe

nse

on

th

e p

art

[o

f] t

he

ele

ctio

n

off

ice

r co

nce

rne

d;xl

viii

An

nex

1:

EL

EC

TIO

N O

FF

EN

SE

S

AE

S 2

010

HA

ND

BO

OK

Pa

ge g

By

An

yo

ne

Pre

‐Ele

ctio

n O

ffe

nse

s E

lect

ion

Off

en

ses

Po

st‐E

lect

ion

Off

en

ses

�

Vo

te‐b

uyi

ng

an

d v

ote

‐se

llin

g;lii

i

�

Co

nsp

ira

cy t

o b

rib

e v

ote

rs;

liv

�

Un

law

ful e

lect

ion

ee

rin

g;

lv

�

Dis

mis

sal o

f e

mp

loy

ee

s, la

bo

rers

, or

ten

an

ts;

lvi

�

De

libe

rate

ly

imp

rin

tin

g

or

cau

sin

g

the

im

pri

nti

ng

o

f

blu

rre

d o

r in

dis

tin

ct f

ing

erp

rin

ts o

n a

ny

of

the

co

pie

s o

f

the

a

pp

lica

tio

n

for

reg

istr

ati

on

o

r o

n

the

vo

ter'

s

aff

ida

vit;

lvii

�

An

y p

ers

on

in

ch

arg

e o

f th

e r

eg

istr

ati

on

of

vote

rs w

ho

de

libe

rate

ly o

r th

rou

gh

ne

glig

en

ce,

cau

ses

or

allo

ws

the

imp

rin

tin

g o

f b

lurr

ed

or

ind

isti

nct

fin

ge

rpri

nts

on

an

y o

f

the

afo

rem

en

tio

ne

d r

eg

istr

ati

on

fo

rms;

lviii

�

Ca

rryi

ng

fir

ea

rms

ou

tsid

e r

esi

de

nce

or

pla

ce o

f b

usi

ne

ss;lix

�

Use

of

arm

ore

d la

nd

, wa

ter

or

air

cra

ft;

lx

�

We

ari

ng

of

un

ifo

rms

an

d b

ea

rin

g a

rms;

lxi

�

Po

lice

me

n a

nd

pro

vin

cia

l g

ua

rds

act

ing

as

bo

dy

gu

ard

s o

r

secu

rity

gu

ard

s;

lxii

�

Wa

ge

rin

g u

po

n r

esu

lt o

f e

lect

ion

;lxiii

�

Org

an

iza

tio

n o

r m

ain

ten

an

ce o

f re

act

ion

fo

rce

s, s

trik

e

forc

es,

or

oth

er

sim

ilar

forc

es;

lxiv

�

Re

lea

se, d

isb

urs

em

en

t o

r e

xpe

nd

itu

re o

f p

ub

lic f

un

ds;

lxv

�

Th

rea

ts,

inti

mid

ati

on

, te

rro

rism

, u

se

of

fra

ud

ule

nt

de

vice

o

r o

the

r fo

rms

of

coe

rcio

n;cx

v

�

Co

erc

ion

o

f e

lect

ion

o

ffic

ials

a

nd

em

plo

yee

s;

cxvi

�

De

ad

ly w

ea

po

ns

(in

th

e po

llin

g p

lace

or

a

rad

ius

of 1

00 m

eter

th

erof

);cx

vii

�

Ca

rryi

ng

fi

rea

rms

ou

tsid

e

resi

de

nce

o

r

pla

ce o

f b

usi

ne

ss;cx

viii

�

Use

of

arm

ore

d la

nd

, wa

ter

or

air

cra

ft;cx

ix

�

We

ari

ng

of

un

ifo

rms

an

d b

ea

rin

g a

rms;

cxx

�

Po

lice

me

n a

nd

pro

vin

cia

l g

ua

rds

act

ing

as

bo

dyg

ua

rds

or

secu

rity

gu

ard

s;

cxxi

�

Ava

ilin

g h

imse

lf o

f a

ny

me

an

s o

f sc

he

me

to d

isco

ver

the

co

nte

nts

of

the

ba

llot

of

a

vote

r w

ho

is

pre

pa

rin

g o

r ca

stin

g h

is v

ote

or

wh

o h

as

just

vo

ted

;cxxi

i

�

Arr

est

ing

or

de

tain

ing

a v

ote

r w

ith

ou

t

law

ful c

au

se;cx

xiii

�

Mo

lest

ing

a v

ote

r in

su

ch a

ma

nn

er

as

to

ob

stru

ct o

r p

reve

nt

him

fro

m g

oin

g t

o t

he

po

llin

g p

lace

to

ca

st h

is v

ote

or

fro

m

� C

on

du

ctin

g o

ne

self

in

su

ch a

dis

ord

erl

y

ma

nn

er

as

to in

terr

up

t o

r d

isru

pt

the

wo

rk

or

pro

cee

din

gs

to t

he

en

d o

f p

reve

nti

ng

the

bo

ard

of

ele

ctio

n i

nsp

ect

ors

or

bo

ard

of

can

vass

ers

du

rin

g a

ny

of

its

me

eti

ng

s

fro

m

pe

rfo

rmin

g

its

fun

ctio

ns,

e

ith

er

pa

rtly

or

tota

lly;31

5

�

Re

mo

vin

g o

r d

efa

cin

g t

he

ER

po

ste

d

on

th

e w

all;

316

�

Sim

ula

tio

n o

f a

n e

lect

ion

re

turn

;

317

�

Sim

ula

tio

n o

f th

e c

ert

ific

ati

on

in a

pri

nt

of

an

ele

ctio

n r

etu

rn;

318

�

Re

fusi

ng

to

pre

sen

t fo

r p

eru

sal i

ts c

op

y

of

ele

ctio

n

retu

rn

to

the

b

oa

rd

of

can

vass

ers

, by

th

e c

itiz

en

s' a

rm;

319

�

Pre

sen

tin

g o

f ta

mp

ere

d o

r sp

uri

ou

s E

R

by

th

e c

itiz

en

s' a

rm;

320

�

Re

fusi

ng

o

r fa

ilin

g

to

pro

vid

e

the

do

min

an

t m

ajo

rity

an

d d

om

ina

nt

min

ori

ty

pa

rtie

s o

r th

e c

itiz

en

s' a

rm t

he

ir c

op

y o

f

ER

;

321

315 B

ata

s P

am

ba

nsa

Blg

. 88

1 (1

98

5),

Se

ctio

n 2

61

(bb

) (4

).

316 B

ata

s P

am

ba

nsa

Blg

. 88

1 (1

98

5),

Se

ctio

n 2

12 (

a),

as

am

en

de

d b

y R

ep

ub

lic A

ct N

o. 9

369

(2

00

7), S

ect

ion

32

. 31

7 Ba

tas

Pa

mb

an

sa B

lg. 8

81

(19

85

), S

ect

ion

212

(b

); S

ee

als

o R

ep

ub

lic A

ct N

o. 7

166

(19

91)

, Se

ctio

n 3

0 a

s a

me

nd

ed

by

Re

pu

blic

Act

No

. 936

9 (

20

07)

, Se

ctio

n 3

7.

318B

ata

s P

am

ba

nsa

Blg

. 88

1 (1

98

5),

Se

ctio

n 2

12 (

c).

319 R

ep

ub

lic A

ct N

o. 8

436

(19

97)

, Se

ctio

n 3

5 (

d),

as

am

en

de

d b

y R

ep

ub

lic A

ct N

o. 9

369

(2

00

7), S

ect

ion

28

. 32

0 R

ep

ub

lic A

ct N

o. 8

436

(19

97)

, Se

ctio

n 3

5 (

e),

as

am

en

de

d b

y R

ep

ub

lic A

ct N

o. 9

369

(2

00

7), S

ect

ion

28

. 32

1 Re

pu

blic

Act

No

. 84

36 (

199

7), S

ect

ion

35

(f)

, as

am

en

de

d b

y R

ep

ub

lic A

ct N

o. 9

369

(2

00

7), S

ect

ion

28

.

An

nex

1:

EL

EC

TIO

N O

FF

EN

SE

S

AE

S 2

010

HA

ND

BO

OK

Pa

ge h

Pre

‐Ele

ctio

n O

ffe

nse

s E

lect

ion

Off

en

ses

Po

st‐E

lect

ion

Off

en

ses

�

Co

nst

ruct

ion

of

pu

blic

wo

rks,

de

live

ry o

f m

ate

ria

ls f

or

pu

blic

w

ork

s a

nd

is

sua

nce

o

f tr

ea

sury

w

arr

an

ts

an

d

sim

ilar

de

vice

s;lx

vi

�

Ta

mp

eri

ng

w

ith

th

e

fin

ge

rpri

nts

in

sa

id

reg

istr

ati

on

reco

rds;

lxvi

i

�

Ta

mp

eri

ng

wit

h o

r ch

an

gin

g w

ith

ou

t a

uth

ori

ty a

ny

da

ta

or

en

try

in a

ny

vo

ter'

s a

pp

lica

tio

n f

or

reg

istr

ati

on

;lxvi

ii

�

De

layi

ng

, h

ind

eri

ng

o

r o

bst

ruct

ing

a

no

the

r fr

om

reg

iste

rin

g;

lxix

�

Fa

lse

ly c

ert

ify

ing

or

ide

nti

fyin

g a

no

the

r a

s a

bo

na

fid

e

resi

de

nt

of

a p

art

icu

lar

pla

ce o

r lo

calit

y f

or

the

pu

rpo

se o

f

secu

rin

g t

he

latt

er'

s re

gis

tra

tio

n a

s a

vo

ter;

lxx

�

Pla

cin

g,

inse

rtin

g

or

oth

erw

ise

in

clu

din

g,

as

ap

pro

ved

ap

plic

ati

on

fo

r re

gis

tra

tio

n i

n t

he

bo

ok

of

vote

rs o

r in

th

e

pro

vin

cia

l or

na

tio

na

l ce

ntr

al f

iles

of

reg

iste

red

vo

ters

, th

e

ap

plic

ati

on

of

an

y f

icti

tio

us

vote

r o

r a

ny

ap

plic

ati

on

th

at

ha

s n

ot

be

en

ap

pro

ved

;

lxxi

�

Re

mo

vin

g f

rom

, o

r o

the

rwis

e t

ak

ing

ou

t o

f th

e b

oo

k o

f

vote

rs

or

the

p

rovi

nci

al

or

na

tio

na

l ce

ntr

al

file

s o

f

reg

iste

red

vo

ters

an

y d

uly

ap

pro

ved

vo

ter'

s a

pp

lica

tio

n,

exc

ep

t u

po

n

law

ful

ord

er

of

the

C

OM

EL

EC

,

or

of

a

com

pe

ten

t co

urt

or

aft

er

pro

pe

r ca

nce

llati

on

;lxxi

i

�

Tra

nsf

err

ing

or

cau

sin

g t

he

tra

nsf

er

of

the

re

gis

tra

tio

n

reco

rd o

f a

vo

ter

to t

he

bo

ok

of

vote

rs o

f a

no

the

r p

olli

ng

pla

ce,

un

less

sa

id t

ran

sfe

r w

as

du

e t

o a

ch

an

ge

of

ad

dre

ss

of

the

vo

ter

an

d t

he

vo

ter

wa

s d

uly

no

tifi

ed

of

his

ne

w

po

llin

g p

lace

;lxxi

ii

�

Ask

ing

, d

em

an

din

g,

tak

ing

, a

cce

pti

ng

o

r p

oss

ess

ing

,

dir

ect

ly o

r in

dir

ect

ly,

the

vo

ter'

s a

ffid

avi

t o

f a

no

the

r, i

n

ord

er

to i

nd

uce

th

e l

att

er

to w

ith

ho

ld h

is v

ote

, o

r to

vo

te

for

or

ag

ain

st a

ny

ca

nd

ida

te i

n a

n e

lect

ion

or

an

y i

ssu

e i

n

a p

leb

isci

te o

r re

fere

nd

um

;lxxi

v

�

De

live

rin

g,

ha

nd

ing

ove

r, e

ntr

ust

ing

, g

ivin

g

dir

ect

ly o

r

ind

ire

ctly

his

vo

ter'

s a

ffid

avi

t to

an

oth

er

in c

on

sid

era

tio

n

retu

rnin

g h

om

e a

fte

r ca

stin

g h

is v

ote

;cxxi

v

�

Co

mp

elli

ng

a

vo

ter

to

reve

al

ho

w

he

vote

d;cx

xv

�

Pro

pa

ga

tin

g f

als

e a

nd

ala

rmin

g r

ep

ort

s o

r

info

rma

tio

n o

r tr

an

smit

s o

r ci

rcu

late

s fa

lse

ord

ers

, dir

ect

ive

s o

r m

ess

ag

es

reg

ard

ing

an

y m

att

er

rela

tin

g t

o t

he

pri

nti

ng

of

off

icia

l ba

llots

, th

e p

ost

po

ne

me

nt

of

the

ele

ctio

n, t

he

tra

nsf

er

of

po

llin

g p

lace

or

the

ge

ne

ral c

on

du

ct o

f th

e e

lect

ion

, fo

r th

e

pu

rpo

se o

f d

isru

pti

ng

or

ob

stru

ctin

g t

he

ele

ctio

n p

roce

ss o

r ca

usi

ng

co

nfu

sio

n

am

on

g t

he

vo

ters

;cxxv

i

�

De

stro

yin

g,

sub

stit

uti

ng

o

r ta

kin

g

aw

ay

fro

m t

he

po

sse

ssio

n o

f th

ose

ha

vin

g l

eg

al

cust

od

y th

ere

of,

or

fro

m t

he

pla

ce w

he

re

the

y

are

le

ga

lly

de

po

site

d,

an

y e

lect

ion

form

o

r d

ocu

me

nt

or

ba

llot

bo

x w

hic

h

con

tain

s o

ffic

ial

ba

llots

o

r o

the

r

do

cum

en

ts u

sed

in

th

e e

lect

ion

, w

ith

ou

t

leg

al a

uth

ori

ty;cx

xvii

�

Op

en

ing

o

r d

est

roy

ing

th

e

ba

llot

bo

x

con

tain

ing

th

e o

ffic

ial

ba

llots

use

d i

n t

he

ele

ctio

n

or

rem

ove

s o

r d

est

roys

it

s

con

ten

ts w

ith

ou

t o

r a

ga

inst

th

e o

rde

r o

f

the

CO

ME

LE

C ,

by

th

e p

ers

on

ha

vin

g l

eg

al

cust

od

y o

ver

said

bo

x;cx

xviii

�

En

ab

ling

an

y p

ers

on

to

op

en

or

de

stro

y th

e

ba

llot

bo

x co

nta

inin

g

the

o

ffic

ial

ba

llots

use

d i

n t

he

ele

ctio

n o

r re

mo

ve o

r d

est

roy

its

con

ten

ts w

ith

ou

t o

r a

ga

inst

th

e o

rde

r o

f

the

CO

ME

LE

C ,

or

tak

e a

wa

y s

aid

ba

llot

bo

x fr

om

his

cu

sto

dy

, b

y t

he

pe

rso

n h

avi

ng

leg

al

cust

od

y o

f th

e b

allo

t b

ox

con

tain

ing

the

off

icia

l b

allo

ts u

sed

in

th

e e

lect

ion

,

An

nex

1:

EL

EC

TIO

N O

FF

EN

SE

S

AE

S 2

010

HA

ND

BO

OK

Pa

ge i

Pre

‐Ele

ctio

n O

ffe

nse

s E

lect

ion

Off

en

ses

Po

st‐E

lect

ion

Off

en

ses

of

mo

ne

y o

r o

the

r b

en

efi

t o

r p

rom

ise

s th

ere

of,

or

tak

es

or

acc

ep

ts

such

vo

ter'

s a

ffid

avi

t d

ire

ctly

o

r in

dir

ect

ly,

by

giv

ing

or

cau

sin

g t

he

giv

ing

of

mo

ne

y o

r o

the

r b

en

efi

t o

r

ma

kin

g o

r ca

usi

ng

th

e m

ak

ing

of

a p

rom

ise

th

ere

of;

lxxv

�

Alt

eri

ng

in

an

y m

an

ne

r, t

ea

rin

g,

de

faci

ng

, re

mo

vin

g o

r

de

stro

yin

g a

ny

ce

rtif

ied

list

of

vote

rs;lx

xvi

�

Ta

kin

g,

carr

yin

g

or

po

sse

ssin

g

an

y b

lan

k

or

un

use

d

reg

istr

ati

on

fo

rm a

lre

ad

y i

ssu

ed

to

a c

ity

or

mu

nic

ipa

lity

ou

tsid

e o

f sa

id c

ity

or

mu

nic

ipa

lity

exc

ep

t a

s o

the

rwis

e

pro

vid

ed

in

th

is C

od

e o

r w

he

n d

ire

cte

d b

y e

xpre

ss o

rde

r

of

the

co

urt

or

of

the

CO

ME

LE

C ;

lxxv

ii

�

Ma

licio

usl

y o

mit

tin

g,

tam

pe

rin

g

or

tra

nsf

err

ing

to

an

oth

er

list

the

n

am

e

of

a

reg

iste

red

vo

ter

fro

m

the

off

icia

l lis

t o

f vo

ters

po

ste

d o

uts

ide

th

e p

olli

ng

pla

ce;lx

xviii

�

Ho

ldin

g p

olit

ica

l co

nve

nti

on

s o

r m

ee

tin

gs

to n

om

ina

te it

s

off

icia

l ca

nd

ida

tes

ea

rlie

r th

at

the

p

eri

od

fi

xed

in

th

e

Om

nib

us

Co

de

;lxxi

x

�

Ob

stru

ctin

g,

de

stro

yin

g

or

can

celin

g

an

y ce

rtif

ica

te

of

can

did

acy

du

ly f

iled

an

d w

hic

h h

as

no

t b

ee

n c

an

celle

d

up

on

ord

er

of

the

CO

ME

LE

C ;

lxxx

�

Mis

lea

din

g t

he

bo

ard

of

ele

ctio

n in

spe

cto

rs b

y su

bm

itti

ng

an

y fa

lse

or

spu

rio

us

cert

ific

ate

of

can

did

acy

or

do

cum

en

t

to t

he

pre

jud

ice

of

a c

an

did

ate

;lxxx

i

�

Re

ceiv

ing

an

y c

ert

ific

ate

of

can

did

acy

ou

tsid

e t

he

pe

rio

d

for

filin

g

the

sa

me

a

nd

m

ak

ing

it

a

pp

ea

r th

at

said

cert

ific

ate

of

can

did

acy

wa

s fi

led

on

tim

e b

y a

ny

pe

rso

n

au

tho

rize

d t

o r

ece

ive

ce

rtif

ica

tes

of

can

did

acy

;lxxx

ii

�

Ca

usi

ng

or

com

pe

llin

g t

he

CO

ME

LE

C

of

rece

ivin

g a

ny

cert

ific

ate

of

can

did

acy

ou

tsid

e t

he

pe

rio

d f

or

filin

g t

he

sam

e

an

d

ma

kin

g

it

ap

pe

ar

tha

t sa

id

cert

ific

ate

o

f

can

did

acy

wa

s fi

led

on

tim

e b

y a

ny

pe

rso

n a

uth

ori

zed

to

rece

ive

ce

rtif

ica

tes

of

can

did

acy

, b

y m

ea

ns

of

fra

ud

,

thre

at,

inti

mid

ati

on

, te

rro

rism

or

coe

rcio

n;lx

xxiii

�

Jam

min

g,

ob

stru

ctin

g

or

inte

rfe

rin

g

wit

h

a

rad

io

or

thro

ug

h h

is n

eg

lige

nce

;cxxi

x

�

Kn

ow

ing

ly u

sin

g b

allo

ts o

the

r th

an

th

e

off

icia

l ba

llots

, exc

ep

t in

th

ose

ca

ses

wh

ere

the

use

of

em

erg

en

cy b

allo

ts is

au

tho

rize

d,

by

an

y m

em

be

r o

f th

e b

oa

rd o

f e

lect

ion

insp

ect

ors

;cxxx

�

Re

vea

ling

th

e c

on

ten

ts o

f th

e b

allo

t o

f a

n

illit

era

te

or

dis

ab

led

vo

ter

wh

om

h

e

ass

iste

d in

pre

pa

rin

g a

ba

llot;

cxxx

i

�

Tra

nsf

err

ing

th

e l

oca

tio

n o

f a

po

llin

g p

lace

wit

ho

ut

au

tho

rity

;cxxx

ii

�

Pri

nti

ng

o

r ca

usi

ng

th

e

pri

nti

ng

o

f a

ny

ba

llot

or

ER

th

at

ap

pe

ars

as

off

icia

l b

allo

ts

or

ER

, w

ith

ou

t a

uth

ori

ty;cx

xxiii

�

Dis

trib

uti

ng

o

r ca

usi

ng

a

ny

ba

llot

or

ER

tha

t a

pp

ea

rs a

s o

ffic

ial

ba

llots

or

ER

to

be

dis

trib

ute

d f

or

use

in

th

e e

lect

ion

, w

he

the

r

or

no

t th

ey

are

a

ctu

ally

u

sed

, w

ith

ou

t

au

tho

rity

;cxxx

iv

�

Ke

ep

ing

, usi

ng

or

carr

yin

g o

ut

or

cau

sin

g

to b

e k

ep

t, u

sed

or

carr

ied

ou

t, a

ny

off

icia

l

ba

llot

or

ER

or

pri

nte

d p

roo

f th

ere

of,

typ

e‐

form

mo

uld

, ele

ctro

‐typ

e p

rin

tin

g p

late

s

an

d a

ny

oth

er

pla

te, n

um

be

rin

g m

ach

ine

s

an

d o

the

r p

rin

tin

g p

ara

ph

ern

alia

be

ing

use

d in

co

nn

ect

ion

wit

h t

he

pri

nti

ng

of

off

icia

l ba

llots

or

ER

, w

ith

ou

t

au

tho

rity

;cxxx

v

�

Ca

usi

ng

off

icia

l b

allo

ts o

r E

R

to b

e p

rin

ted

in

qu

an

titi

es

exc

ee

din

g

tho

se

au

tho

rize

d

by

th

e

CO

ME

LE

C

, b

y

an

y

off

icia

l o

r

em

plo

yee

of

an

y p

rin

tin

g e

sta

blis

hm

en

t o

r

of

the

CO

ME

LE

C

or

an

y m

em

be

r o

f th

e

com

mit

tee

in

ch

arg

e

of

the

p

rin

tin

g

of

An

nex

1:

EL

EC

TIO

N O

FF

EN

SE

S

AE

S 2

010

HA

ND

BO

OK

Pa

ge j

Pre

‐Ele

ctio

n O

ffe

nse

s E

lect

ion

Off

en

ses

Po

st‐E

lect

ion

Off

en

ses

tele

visi

on

bro

ad

cast

of

an

y la

wfu

l p

olit

ica

l p

rog

ram

by

an

y d

evi

ce o

r m

ea

ns;

lxxx

iv

�

Se

llin

g,

furn

ish

ing

, o

ffe

rin

g,

bu

yin

g,

serv

ing

o

r ta

kin

g

into

xica

tin

g

liqu

or

on

th

e

da

ys

fixe

d

by

law

fo

r th

e

reg

istr

ati

on

of

vote

rs i

n t

he

po

llin

g p

lace

, o

r o

n t

he

da

y

be

fore

th

e e

lect

ion

or

on

ele

ctio

n d

ay

;lxxx

v

�

Re

fusi

ng

to

ca

rry

off

icia

l e

lect

ion

ma

il m

att

ers

fre

e o

f

cha

rge

d

uri

ng

th

e

ele

ctio

n

pe

rio

d

by

a

ny

o

pe

rato

r o

r

em

plo

yee

of

a p

ub

lic u

tilit

y o

r tr

an

spo

rta

tio

n c

om

pa

ny

op

era

tin

g

un

de

r a

ce

rtif

ica

te

of

pu

blic

co

nve

nie

nce

,

incl

ud

ing

go

vern

me

nt‐

ow

ne

d o

r co

ntr

olle

d p

ost

al

serv

ice

or

its

em

plo

yee

s o

r d

ep

uti

zed

a

ge

nts

;lxxx

vi

�

Dis

crim

ina

tin

g

ag

ain

st

an

y p

olit

ica

l p

art

y,

coa

litio

n

or

ag

gro

up

me

nt

of

pa

rtie

s o

r a

ny

can

did

ate

in t

he

sa

le o

f a

ir

tim

e b

y a

ny

pe

rso

n w

ho

op

era

tes

a r

ad

io o

r te

levi

sio

n

sta

tio

n

wh

o

wit

ho

ut

just

ifia

ble

ca

use

;lxxx

vii

(Re

fusa

l to

carr

y e

lect

ion

ma

il m

att

er.

)

�

Vio

lati

on

of

the

pro

visi

on

s, o

r p

ert

ine

nt

po

rtio

ns,

of

the

follo

win

g s

ect

ion

s o

f th

e O

mn

ibu

s E

lect

ion

Co

de

sh

all

con

stit

ute

ele

ctio

n o

ffe

nse

s: S

ect

ion

s 9

, 18

, 74

, 75

, 76

,

80

,lxxx

viii

lxxx

ix

(Pro

hib

itio

n

ag

ain

st d

iscr

imin

ati

on

in t

he

sa

le o

f a

ir t

ime

.)

81,

82

, 8

3, 8

4,

85,

86

, 8

7, 8

8,

89

, 9

5, 9

6,

97,

98

, 9

9, 1

00

, 10

1, 1

02

, 10

3, 1

04

, 10

5, 1

06

10

7, 1

08

, 10

9,

110

,

111,

112

, 12

2,

123,

12

7, 1

28

, 12

9,

132

, 13

4,

135,

14

5, 1

48

,

150

, 15

2,

172

, 17

3, 1

74,

178

, 18

0,

182

, 18

4,

185

, 18

6,

189

,

190

, 19

1, 1

92

, 19

4,

195,

19

6,

197,

19

8,

20

2,

20

3, 2

04

, 2

05,

20

6,xc

20

7, 2

08

, 2

09

, 2

10,

211

, 2

12,xc

i 213

, 2

14,

215

, 2

16,

217

, 2

18,

219

, 2

20

, 2

23,

22

9,

230

, 2

31,

233

, 2

34,

235

, 2

36,

239

an

d 2

40

;xcii

�

Ca

usi

ng

th

e p

rin

tin

g o

f o

ffic

ial

ba

llots

an

d E

R

by

an

y

pri

nti

ng

est

ab

lish

me

nt

wh

ich

is

no

t u

nd

er

con

tra

ct w

ith

the

C

OM

EL

EC

an

d

an

y

pri

nti

ng

e

sta

blis

hm

en

t w

hic

h

un

de

rta

ke

s su

ch

un

au

tho

rize

d

pri

nti

ng

(e

lect

ion

sab

ota

ge

);xc

iii

�

Ca

usi

ng

th

e p

rin

tin

g o

f o

ffic

ial

ba

llots

an

d E

R

by

an

y

pri

nti

ng

est

ab

lish

me

nt

wh

ich

is

no

t u

nd

er

con

tra

ct w

ith

off

icia

l ba

llots

or

ER

;cx

xxvi

�

Dis

trib

uti

ng

, d

eliv

eri

ng

, o

r in

an

y m

an

ne

r

dis

po

sin

g o

f o

r ca

usi

ng

to

be

dis

trib

ute

d,

de

live

red

, o

r d

isp

ose

d o

f, a

ny

off

icia

l ba

llot

or

ER

to

an

y p

ers

on

o

r p

ers

on

s n

ot

au

tho

rize

d b

y la

w o

r b

y t

he

CO

ME

LE

C

to

rece

ive

or

ke

ep

off

icia

l b

allo

ts o

r E

R

or

wh

o s

en

ds

or

cau

ses

the

m t

o b

e s

en

t to

an

y p

lace

no

t d

esi

gn

ate

d b

y la

w o

r b

y t

he

CO

ME

LE

C ,

by

an

y o

ffic

ial

or

em

plo

yee

of

an

y p

rin

tin

g

est

ab

lish

me

nt

or

of

the

CO

ME

LE

C

o

r a

ny

m

em

be

r o

f th

e

com

mit

tee

in

ch

arg

e

of

the

p

rin

tin

g

of

off

icia

l ba

llots

or

ER

;cx

xxvi

i

�

Vio

lati

ng

th

e in

teg

rity

of

an

y o

ffic

ial b

allo

t

or

ER

be

fore

or

aft

er

the

y a

re u

sed

in t

he

ele

ctio

n;cx

xxvi

ii

�

Re

mo

vin

g,

tea

rin

g,

de

faci

ng

or

de

stro

yin

g

an

y ce

rtif

ied

lis

t o

f ca

nd

ida

tes

po

ste

d

insi

de

th

e v

oti

ng

bo

oth

s d

uri

ng

th

e h

ou

rs

of

voti

ng

;cxxx

ix

�

Ho

ldin

g

or

cau

sin

g

the

h

old

ing

o

f a

n

ele

ctio

n o

n a

ny

oth

er

da

y t

ha

n t

ha

t fi

xed

by

la

w o

r b

y th

e C

OM

EL

EC

, o

r st

op

s a

ny

ele

ctio

n b

ein

g le

ga

lly h

eld

;

cxl

�

Co

nd

uct

ing

o

ne

self

in

su

ch

a d

iso

rde

rly

ma

nn

er

as

to i

nte

rru

pt

or

dis

rup

t th

e w

ork

or

pro

cee

din

gs

to t

he

en

d o

f p

reve

nti

ng

the

bo

ard

of

ele

ctio

n in

spe

cto

rs o

r b

oa

rd o

f

can

vass

ers

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om

pe

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r p

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cxli

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ctio

n,

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or

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ain

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l pa

rty

An

nex

1:

EL

EC

TIO

N O

FF

EN

SE

S

AE

S 2

010

HA

ND

BO

OK

Pa

ge k

Pre

‐Ele

ctio

n O

ffe

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en

ses

Po

st‐E

lect

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Off

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the

C

OM

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EC

an

d

an

y

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en

t w

hic

h

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rta

ke

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ch

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au

tho

rize

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pri

nti

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(e

lect

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sab

ota

ge

);xc

iv

�

Vio

lati

ng

Se

ctio

n 1

1 o

f R

ep

ub

lic A

ct N

o.

64

66

re

ga

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f e

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pa

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a;

xcv

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de

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Pa

mb

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88

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ct N

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EC

TIO

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FF

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SE

S

AE

S 2

010

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cv

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pu

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o.

90

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pu

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No

. 90

06

cxiv

AES 2010 HANDBOOK Page i

END NOTES (Annex 2) i Batas Pambansa Blg. 881 (1985), Section 261 (y) (2).

ii Batas Pambansa Blg. 881 (1985), Section 261 (y) (5).

iii Batas Pambansa Blg. 881 (1985), Section 261 (y) (6).

iv Republic Act No. 8189, Section 45 (a).

v Batas Pambansa Blg. 881 (1985), Section 261 (p).

vi Batas Pambansa Blg. 881 (1985), Section 261 (z) (2).

vii Batas Pambansa Blg. 881 (1985), Section 261 (z) (3).

viii Batas Pambansa Blg. 881 (1985), Section 261 (z) (4).

ix Batas Pambansa Blg. 881 (1985), Section 261 (z) (6).

x Batas Pambansa Blg. 881 (1985), Section 261 (z) (6).

xi Batas Pambansa Blg. 881 (1985), Section 261 (z) (24).

xii Batas Pambansa Blg. 881 (1985), Section 261 (y) (4).

xiii Batas Pambansa Blg. 881 (1985), Section 261 (bb) (3); See also Section 3, Comelec Resolution 8786(4 March 2010).

xiv Batas Pambansa Blg. 881 (1985), Section 261 (bb) (2).

xv Batas Pambansa Blg. 881 (1985), Section 261 (z) (8).

xvi Batas Pambansa Blg. 881 (1985), Section 261 (z) (9).

xvii Batas Pambansa Blg. 881 (1985), Section 261 (z) (10).

xviii Batas Pambansa Blg. 881 (1985), Section 261 (bb) (1);See also Section 15, Comelec Resolution 8809 (30 March 2010)

xix Republic Act No. 6646, Section 27 (b), as amended by Republic Act No. 9369 (2007), Section 42.

xx Republic Act No. 6646, Section 27 (b), as amended by Republic Act No. 9369 (2007), Section 42.

xxi Republic Act No. 6646, Section 27 (c).

xxii Batas Pambansa Blg. 881 (1985), Section 212 (d).

xxiii Batas Pambansa Blg. 881 (1985), Section 212 (e).

xxiv Batas Pambansa Blg. 881 (1985), Section 212 (f).

xxv Republic Act No. 7166 (1991), Section 27, as amended by Republic Act No. 9369 (2007), Section 33.

xxvi Batas Pambansa Blg. 881 (1985), Section 206, as amended by Republic Act No. 9369 (2007), Section 35.

xxvii Batas Pambansa Blg. 881 (1985), Section 261 (bb) (3).

xxviii Batas Pambansa Blg. 881 (1985), Section 261 (aa) (1).

xxix Batas Pambansa Blg. 881 (1985), Section 261 (aa) (2).

xxx Batas Pambansa Blg. 881 (1985), Section 261 (aa) (3).

xxxi Batas Pambansa Blg. 881 (1985), Section 261 (aa) (4).

xxxii Batas Pambansa Blg. 881 (1985), Section 261 (bb) (1).

xxxiii Batas Pambansa Blg. 881 (1985), Section 261 (bb) (2).

xxxiv Republic Act No. 6646, Section 27 (b), as amended by Republic Act No. 9369 (2007), Section 42.

xxxv Republic Act No. 6646, Section 27 (b), as amended by Republic Act No. 9369 (2007), Section 42.

xxxvi Republic Act No. 7166, Section 25, as amended by Republic Act No. 9369 (2007), Section 31.

xxxvii Batas Pambansa Blg. 881 (1985), Section 261 (g).

xxxviii Batas Pambansa Blg. 881 (1985), Section 261 (h).

xxxix Batas Pambansa Blg. 881 (1985), Section 261 (i).

xl Batas Pambansa Blg. 881 (1985), Section 261 (j).

xli Batas Pambansa Blg. 881 (1985), Section 261 (bb) (5).

xlii Batas Pambansa Blg. 881 (1985), Section 261 (bb) (5).

xliii Batas Pambansa Blg. 881 (1985), Section 261 (m).

xliv Batas Pambansa Blg. 881 (1985), Section 261 (n).

xlv Batas Pambansa Blg. 881 (1985), Section 261 (o).

xlvi Batas Pambansa Blg. 881 (1985), Section 261 (x).

xlvii Batas Pambansa Blg. 881 (1985), Section 261 (bb) (3),

xlviii Republic Act No. 8436, Section 35 (g), as amended by Republic Act No. 9369 (2007), Section 28.

xlix Batas Pambansa Blg. 881 (1985), Section 261 (bb) (5).

l Batas Pambansa Blg. 881 (1985), Section 261 (bb) (5).

li Batas Pambansa Blg. 881 (1985), Section 261 (bb) (5).

lii Republic Act No. 6646, Section 27 (e).

liii Batas Pambansa Blg. 881 (1985), Section 261 (a).

liv Batas Pambansa Blg. 881 (1985), Section 261 (b).

lv Batas Pambansa Blg. 881 (1985), Section 261 (k).

lvi Batas Pambansa Blg. 881 (1985), Section 261 (l).

lvii Batas Pambansa Blg. 881 (1985), Section 261 (y) (3).

lviii Batas Pambansa Blg. 881 (1985), Section 261 (y) (3).

lix Batas Pambansa Blg. 881 (1985), Section 261 (q); see also Republic Act No. 7166 (1991), Section 32 for the exceptions to this prohibition.

lx Batas Pambansa Blg. 881 (1985), Section 261 (r).

lxi Batas Pambansa Blg. 881 (1985), Section 261 (s).

lxii Batas Pambansa Blg. 881 (1985), Section 261 (t); see also Republic Act No. 7166 (1991), Section 33 for the exceptions to this prohibition .

AES 2010 HANDBOOK Page ii

lxiii

Batas Pambansa Blg. 881 (1985), Section 261 (c). lxiv

Batas Pambansa Blg. 881 (1985), Section 261 (u). lxv

Batas Pambansa Blg. 881 (1985), Section 261 (v). lxvi

Batas Pambansa Blg. 881 (1985), Section 261 (w). lxvii

Batas Pambansa Blg. 881 (1985), Section 261 (y) (3). lxviii

Batas Pambansa Blg. 881 (1985), Section 261 (y) (7). lxix

Batas Pambansa Blg. 881 (1985), Section 261 (y) (8). lxx

Batas Pambansa Blg. 881 (1985), Section 261 (y) (9). lxxi

Batas Pambansa Blg. 881 (1985), Section 261 (y) (11). lxxii

Batas Pambansa Blg. 881 (1985), Section 261 (y) (11). lxxiii

Batas Pambansa Blg. 881 (1985), Section 261 (y) (12). lxxiv

Batas Pambansa Blg. 881 (1985), Section 261 (y) (13). lxxv

Batas Pambansa Blg. 881 (1985), Section 261 (y) (14). lxxvi

Batas Pambansa Blg. 881 (1985), Section 261 (y) (15). lxxvii

Batas Pambansa Blg. 881 (1985), Section 261 (y) (16). lxxviii

Batas Pambansa Blg. 881 (1985), Section 261 (y) (17). lxxix

Batas Pambansa Blg. 881 (1985), Section 261 (cc) (1). lxxx

Batas Pambansa Blg. 881 (1985), Section 261 (cc) (2). lxxxi

Batas Pambansa Blg. 881 (1985), Section 261 (cc) (3). lxxxii

Batas Pambansa Blg. 881 (1985), Section 261 (cc) (4). lxxxiii

Batas Pambansa Blg. 881 (1985), Section 261 (cc) (4). lxxxiv

Batas Pambansa Blg. 881 (1985), Section 261 (cc) (5). lxxxv

Batas Pambansa Blg. 881 (1985), Section 261 (dd) (1). lxxxvi

Batas Pambansa Blg. 881 (1985), Section 261 (dd) (4). lxxxvii

Batas Pambansa Blg. 881 (1985), Section 261 (dd) (5). lxxxviii

See Penera v. COMELEC, G.R. No. 181613, 25 November, 2009; See also Republic Act No. 8436, Section 15, as amended by Republic Act No. 9369 (2007),

Section 13. lxxxix

Repealed by Republic Act No. 9006, Section 14; See Republic Act No. 6646, Section 11 for additional prohibited forms of election propaganda. xc

Amended by Republic Act No. 9369 (2007), Section 35. xci

Amended by Republic Act No. 9369 (2007), Section 32. xcii

Batas Pambansa Blg. 881 (1985), Section 262. xciii

Republic Act No. 6646, Section 27 (a). xciv

Republic Act No. 6646, Section 27 (a). xcv

Republic Act No. 6646, Section 27 (d). xcvi

Republic Act No. 6646, Section 27 (f). xcvii

Republic Act No. 6646, Section 27 (f). xcviii

Republic Act No. 8189, Section 45 (b). xcix

Republic Act No. 8189, Section 45 (c). c Republic Act No. 8189, Section 45 (c).

ci Republic Act No. 8189, Section 45 (d).

cii Republic Act No. 8189, Section 45 (d).

ciii Republic Act No. 8189, Section 45 (e).

civ Republic Act No. 8189, Section 45 (f).

cv Republic Act No. 8189, Section 45 (g).

cvi Republic Act No. 8189, Section 45 (h).

cvii Republic Act No. 8189, Section 45 (i).

cviii Republic Act No. 8189, Section 45 (j).

cix Republic Act No. 8295, Section 5.

cx Republic Act No. 8436, Section 35 (a)(1), as amended by Republic Act No. 9369 (2007), Section 28.

cxi Republic Act No. 8436, Section 35 (a) (2), as amended by Republic Act No. 9369 (2007), Section 28.

cxii Republic Act No. 8436, Section 35 (b), as amended by Republic Act No. 9369 (2007), Section 28.

cxiii Republic Act No. 8436, Section 35 (c), as amended by Republic Act No. 9369 (2007), Section 28.

cxiv Republic Act No. 9006, Section 13.

cxv Batas Pambansa Blg. 881 (1985), Section 261 (d).

cxvi Batas Pambansa Blg. 881 (1985), Section 261 (f).

cxvii Batas Pambansa Blg. 881 (1985), Section 261 (p).

cxviii Batas Pambansa Blg. 881 (1985), Section 261 (q); see also Republic Act No. 7166(1991), Section 32 for the exceptions to this prohibition.

cxix Batas Pambansa Blg. 881 (1985), Section 261 (r).

cxx Batas Pambansa Blg. 881 (1985), Section 261 (s).

cxxi Batas Pambansa Blg. 881 (1985), Section 261 (t); see also Republic Act No. 7166 (1991), Section 33 for the exceptions to this prohibition.

cxxii Batas Pambansa Blg. 881 (1985), Section 261 (z) (5).

cxxiii Batas Pambansa Blg. 881 (1985), Section 261 (z) (7).

cxxiv Batas Pambansa Blg. 881 (1985), Section 261 (z) (7).

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cxxv

Batas Pambansa Blg. 881 (1985), Section 261 (z) (7). cxxvi

Batas Pambansa Blg. 881 (1985), Section 261 (z) (11). cxxvii

Batas Pambansa Blg. 881 (1985), Section 261 (z) (12). cxxviii

Batas Pambansa Blg. 881 (1985), Section 261 (z) (13). cxxix

Batas Pambansa Blg. 881 (1985), Section 261 (z) (13). cxxx

Batas Pambansa Blg. 881 (1985), Section 261 (z) (14). cxxxi

Batas Pambansa Blg. 881 (1985), Section 261 (z) (16). cxxxii

Batas Pambansa Blg. 881 (1985), Section 261 (z) (17). cxxxiii

Batas Pambansa Blg. 881 (1985), Section 261 (z) (18). cxxxiv

Batas Pambansa Blg. 881 (1985), Section 261 (z) (18). cxxxv

Batas Pambansa Blg. 881 (1985), Section 261 (z) (19). cxxxvi

Batas Pambansa Blg. 881 (1985), Section 261 (z) (20). cxxxvii

Batas Pambansa Blg. 881 (1985), Section 261 (z) (20). cxxxviii

Batas Pambansa Blg. 881 (1985), Section 261 (z) (21); see also Comelec Resolution 8786 (4 March 2010), Section 30 (e). cxxxix

Batas Pambansa Blg. 881 (1985), Section 261 (z) (22). cxl

Batas Pambansa Blg. 881 (1985), Section 261 (z) (23). cxli

Batas Pambansa Blg. 881 (1985). Section 261 (bb) (4). cxlii

Batas Pambansa Blg. 881 (1985), Section 261 (cc) (6). cxliii

Batas Pambansa Blg. 881 (1985), Section 261 (dd) (1). cxliv

Batas Pambansa Blg. 881 (1985), Section 261 (dd) (2). cxlv

Batas Pambansa Blg. 881 (1985), Section 261 (dd) (3).

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PROJECT TEAM

Dean Marvic M.V.F. Leonen Dean, UP College of Law

Prof. Jose Jesus M. Disini Project Director Atty. Nicholas Felix L. Ty

Project Coordinator Atty. January A. Sanchez Atty. Yvette P. Chua Atty. Jean Francois DP Rivera Atty. Patrick Lester Ng. Ty Atty. Ramon Abraham A. Sarmiento Atty. Milabel R. Mujer Atty. Neilster Jon S. Asinas Atty. Melyjane G. Bertillo Atty. Ian Esteban C. Ramos

Text Writers

Ms. Venus Amelie G.Mejia Mr. Norman Ocana Jr. Research Assistants Ms. Elisa S. Ochoa Project Secretary Ms. Eleanor V. Arzadon Assistant Project Secretary Mr. Primo S. Ariñas Ms. Ma. Luisa D. Belen‐Tirol Ms. Alona M. Rago Mr. Pedro Malicdem, Jr. Ms. Virgelet S. Encarnacion Mr. Emmanuel Evangelista Mr. Freddie P. Genove Support Staff