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PART I COMMON PROVISIONS FOR AUTOMATED AND MANUAL COUNTING
Art. 52. Counting site. - The counting of votes shall be conducted in the country where the votes were actually cast within the premises of the corresponding embassy, consulates and other foreign service establishments, or such other counting centers as may be designated by the Commission.
Art. 53. Counting of votes to be public and without interruption. - After the termination of voting, the SBEI shall publicly count in the designated counting centers the votes cast and ascertain the results. Unless otherwise ordered by the Commission, the SBEI shall not adjourn or postpone or delay the counting until it has been fully completed.
Art. 54. Minutes of Counting of Votes. - The SBEI shall accomplish in two (2) copies the Minutes of Counting of Votes and record the act or data required therein as they occur or become available during counting.
Copies of the Minutes must be signed, sealed in separate envelopes and distributed as follows:
- First copy to the Commission; and
- Second copy to be deposited inside the ballot box.
The first copies for the Commission shall be in the custody of the Committee while the ballot boxes containing the second copies shall be in the custody of the Election Records and Statistics Department (ERSD) of the Commission.
Art. 55. Preliminaries to the counting of votes. - The following procedure shall be observed before the counting of votes:
- For ballots cast personally
The SBRCG shall transmit to the SBEI the ballot boxes with the envelopes containing the accomplished ballots personally cast by overseas absentee voters and the Minutes of Voting.
Upon receipt of the ballot boxes, the SBEI shall:
- Open the ballot box one at a time;
- Take out the envelopes containing the accomplished ballots;
- Take out the ballots from the envelopes; and
- Examine the ballots, whether there are:
- Excess ballots, by counting the ballots and comparing the number of ballots with the number of voters who actually voted as indicated in the Minutes of Voting.
If there are excess ballots, all of the ballots shall be placed in a ballot box and thoroughly mixed therein. The Poll Clerk, without seeing the ballots and with his/her back to the ballot box, shall publicly draw out as many ballots as may be equal to the excess and place them in the envelope for excess/marked/spoiled/half of torn unused ballots.
- Ballots with undetached coupons. In case ballots with undetached coupons are found, the coupons shall be removed and placed in the compartment provided for the purpose. The ballots shall be included in the pile of valid ballots.
- Ballots with the word "spoiled". If ballots with the word "spoiled" should be found in the bundle, they shall be placed in the envelope for spoiled ballots. The envelope shall be signed by the members of the SBEI, sealed and submitted to the SBRCG.
All ballots marked with the word "spoiled" shall not be counted.
- For accomplished ballots sent through the mail
The SBRCG shall transmit to the SBEI the ballot box marked "Valid Ballots" which contain the envelopes containing the ballots sent through the mail, including the ballot box marked "Questionable Envelopes".
Upon receipt of the ballot box(es), the SBEI shall:
- Open the ballot box marked "Questionable Envelopes";
- Take out the envelopes contained therein;
- Re-examine the signatures of the voter and determine whether the signature of the voter affixed in the envelope is identical or not to that appearing in the voter's Overseas Absentee Voter Registration Record;
- If the signatures are identical, include the envelope in the pile of valid envelopes for counting.
- If the signatures are not identical, return the envelope inside the ballot box marked "Questionable Envelopes". The ballots contained in such envelopes shall not be counted;
- Open the ballot box marked "Valid Ballots" one at a time;
- Take out the envelopes containing the accomplished ballots;
- Open the outer envelope and determine if they contain the ballot stub and the inner envelope containing the ballot;
- If the outer envelope does not contain the ballot stub and/or inner envelope, enter such fact in the Minutes of Counting;
- If the outer envelope contains the ballot stub and/or inner envelope, compare the serial number appearing in the ballot coupon as against the serial number recorded in the Certified List of Overseas Absentee Voters;
- If the serial numbers are not the same, the ballot shall be considered spoiled and marked as such;
- If the serial numbers are similar, open the inner envelope and examine the ballots to determine whether there are:
- Excess ballots, by counting the ballots and comparing the number of ballots with the number of envelopes mailed by the SBRCG as indicated in its record of mailing.
If there are excess ballots, all of the ballots shall be placed in a ballot box and thoroughly mixed therein. The Poll Clerk, without seeing the ballots and with his/her back to the ballot box, shall publicly draw out as many ballots as may be equal to the excess and, place them in the envelope for excess/marked/spoiled/half of torn unused ballots.
- Ballots with undetached coupons. In case ballots with undetached coupons are found, the coupons shall be removed and placed in the outer envelope. The ballots shall be included in the pile of valid ballots.
- Spoiled Ballots. The SBEI shall compare the serial number contained in the ballot stub of a voter as against the serial number of the ballot sent to him/her as recorded in the Certified List of Overseas Absentee Voting. If the serial number is not the same, said ballot shall be considered spoiled and the Chairman shall write the word "spoiled" diagonally across the face of the ballot. The same shall then be placed in the envelope for spoiled ballots. The envelope shall be signed by the members of the SBEI, sealed and submitted to the SBRCG.
All ballots marked "spoiled" shall not be counted.
- The Commission may adopt such procedures in the transmittal by the SBRCG as may be warranted to ensure the practical application of this Article.
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