COMELEC Pertinent Laws

RULE 10
REVISION OF BALLOTS

Rules of Procedure in Election Contests
Before the Courts Involving Electing Municipal and Barangay Officials


SECTION 1. Start of revision. - The revision of ballots shall commence on the date specified in the preliminary conference order.

SEC. 2. Revision committee; under the supervision of the court. - There shall be constituted such number of revision committees as may be necessary. Each revision committee shall be composed of a chairperson and two members, one designated by the protestant and another designated by the protestee. The court shall designate the chairperson from among its personnel. The parties shall also designate their respective substitute revisors. The revision committee shall conduct the revision in the court premises or at such other place as may be designated by the court, in every case under its strict supervision. The revisors shall discharge their duties with the highest degree of integrity, conducting the proceedings with the same dignity and discipline as if undertaken by the court itself. They shall exercise extraordinary diligence and take precautionary measures to prevent the loss, disappearance or impairment of the integrity (such as marking or spoilage by any means) of the ballots and election documents.

SEC. 3. Compensation of the revisors. - The court shall fix the compensation of the revisors at Four Hundred Pesos (P400.00) per ballot box for the chairperson and One Hundred Fifty Pesos (P150.00) per ballot box for each party revisor. The party revisors shall be entitled to an additional per diem of Five Hundred Pesos (P500.00) each per day. This compensation shall be chargeable against the cash deposit as provided for in Section 2, Rule 7 of these Rules.

SEC. 4. Continuous revision. -

  1. Period for revision.-Revision shall be conducted from 8:30 o'clock in the morning to 12:00 noon and from 1:30 to 4:30 o'clock in the afternoon from Monday to Friday, except on non-working holidays. The revisors may take a fifteen-minute break in each session.

  2. Revision to continue even if a party revisor is absent or late.- The revision of ballots shall not be delayed or postponed by reason of the absence or tardiness of a party revisor or substitute revisor, as long as the chairperson and one party revisor are present. The court may at any time designate another chairperson if the regular chairperson fails for any reason to report.

  3. If the revisor of the protestee is absent or late.-If the revisor of the protestee is absent or late for thirty minutes and no alternate appears as a substitute, the revision shall, nevertheless, commence; the protestee shall be deemed to have waived the right to appear and to object to the ballots in the precinct or precincts scheduled for revision on that particular day.

  4. If the revisor of protestant or the revisors of both parties fail to appear.-If the revisor of the protestant or the revisors of both parties and alternates fail to appear for no justifiable reason within one hour after fixed hours from the start of the revision, the ballot boxes scheduled for revision on that day, and the corresponding keys in the possession of the chairperson, shall be returned to the ballot box custodian of the court and shall no longer be revised; it is understood that the parties waive their right to revise the same, and the chairperson concerned shall state such facts in the corresponding revision report.

SEC. 5. Prohibited access. - During the revision of ballots, no person other than the judge, the clerk of court, the chairperson and the members of the revision committees, the parties and their duly authorized representatives, shall have access to the revision area.

SEC. 6. Preparation and submission of revision report. - The committee shall prepare and submit to the court a revision report per precinct stating the following:

  1. the precinct number;

  2. the date, place and time of revision;

  3. the votes of the parties per physical count;

  4. the condition and serial numbers of the following:
    1. ballot boxes;

    2. self-locking security metal or plastic seals (inner and outer) and padlocks of the ballot boxes;

    3. security envelopes containing the election returns; and

    4. numbered paper seal of the envelopes;
  5. the votes of the parties per ballot-box copy of the election returns and per the tally sheet/board found inside the ballot box;

  6. the number of ballots objected to by the parties indicating therein the exhibit numbers;

  7. the grounds of objections;

  8. the number of stray ballots;

  9. the claims on ballots with their exhibit numbers; and

  10. the entries in the Minutes of Voting and Counting, particularly:

    1. the number of registered voters;

    2. the number of voters who actually voted;

    3. the number of official ballots together with their serial numbers used in the election;

    4. the number of ballots actually used indicating the serial numbers of the ballots; and

    5. the unused ballots together with their serial numbers.

The revision forms shall be made available prior to revision. The per-precinct revision report shall be signed and certified to by the chairperson and the revisors of the parties, and shall form part of the records of the case. A copy of the required form for the revision report is hereto attached. In addition to the per-precinct revision report, the revision committee shall also prepare and submit to the court, within three days from termination of the revision, a committee report summarizing the data, votes, ballot objections and claims, and significant observations made in the revision of ballots from the protested precincts and later from the counter-protested precincts, if so conducted based on the provisions of Section 9 hereof. Each party furnished with a copy of the committee report may submit their comments thereon within a non-extendible period of three days from notice.

SEC. 7. Order of revision. - Revision of ballots shall start with those from the protested precincts, subject to the provisions of Section 9 hereof.

SEC. 8. Inquiry as to security markings and vital information relative to ballots and election documents. - When a revision of ballots is ordered, and for the guidance of the revisors, the court shall inquire about the security markings on the ballots and election documents from the Chairman, Commission on Elections, who shall be obliged to indicate such markings and other vital information that may aid the court in determining the authenticity of ballots and election documents. The parties shall be notified of the results of such inquiry.

SEC. 9. Post-revision determination of the merit or legitimacy of protest prior to revision of counter-protest. - Immediately after the revision of ballots or the examination, verification or re-tabulation of election returns in all protested precincts, the protestant shall be required to pinpoint a number of precincts, corresponding to twenty percent of the total revised protested precincts, that will best attest to the votes recovered or will best exemplify the frauds or irregularities pleaded in the protest. In the meanwhile, the revision of ballots or the examination, verification or re-tabulation of election returns in the counter-protested precincts shall be suspended for a period not exceeding fifteen days, during which the court shall determine through appreciation of ballots or election documents the merit or legitimacy of the protest relative to the twenty percent pinpointed precincts.

Based on the results of such post-revision determination, the court may dismiss the protest without further proceedings, if and when no reasonable recovery was established from the twenty percent pinpointed precincts, or proceed with revision of the ballots or the examination, verification or re-tabulation of election returns in the counter-protested precincts. In the latter case, the protestee shall be required to pay the cash deposit within a non-extendible period of three days from notice.

SEC. 10. Continuation of appreciation of ballots. - While the ballots or election documents from the counter-protested precincts are being revised, the court shall continue with its appreciation of ballots from the remaining revised eighty percent protested precincts and, once completed, shall proceed with the appreciation of ballots from the counter-protested precincts.

 

 


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Updated: 08.24.2009