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Pertinent Laws Relative to Elections

RESOLUTION No. 7538
GENERAL INSTRUCTIONS FOR THE BOARDS OF ELECTION INSPECTORS
ON THE CASTING AND COUNTING OF VOTES
IN CONNECTION WITH THE AUGUST 8, 2005 ELECTIONS
IN THE AUTONOMOUS REGION IN MUSLIM MINDANAO



Promulgated: 20 July 2005

The Commission on Elections, pursuant to the powers vested in it by the Constitution, the Omnibus Election Code, Republic Act No. 9333, and other election laws, RESOLVED to promulgate, as it hereby RESOLVES to promulgate, the following General Instructions for the Boards of Election Inspectors on the Casting and Counting of Votes in Connection With the August 8, 2005 Elections in the Autonomous Region in Muslim Mindanao:

ARTICLE I
SPECIAL ACTION OFFICER/DISTRICT TEAM LEADER

SECTION 1. Special Action Officer. – The Commission, thru the Commissioner-In-Charge of a province, shall name, appoint and designate a Special Action Officer to each city or municipality in the ARMM region, if circumstances so warrant, who is preferably an Election Officer assigned outside of the ARMM.

The Special Action Officer shall coordinate with, and assist the Election Officer in the conduct of elections; provided, that in all issues, concerns or matters arising from or connected with the interpretation or implementation of these rules and policies of the Commission, the decision of the Special Action Officer shall prevail. The Special Action Officer shall perform the following specific functions;

    1. Joint responsibility with the Election Officer

      1. Supervise the verification of ballots, election returns, election supplies and paraphernalia in the office of the city/municipal treasurer;

      2. Conduct briefing of all members of the boards of election inspectors, deputized agencies and citizens’ arm on their respective powers, functions and duties;

      3. Supervise the counting of votes in the designated counting center;

      4. Receive the copies of the election returns intended for the dominant majority party, dominant minority party or citizens’ arm when the authorized representatives are not available in the counting center; and

      5. Exercise supervision over all deputized agencies of the Commission within their jurisdiction;

    2. Sole responsibility as Special Action Officer

      1. Appoint substitutes for disqualified chairmen and members of the board of election inspectors from the list submitted by the Department of Education (DepED);

      2. Distribute under proper receipt the election returns, tally board and other election forms and supplies related to counting to the board of election inspectors at the designated counting center;

      3. Submit to the Provincial Board of Canvassers a list of election returns distributed to the different boards of election inspectors with their corresponding serial numbers and precinct assignments;

      4. Submit to the District Team Leader designated by the Commissioner-In-Charge of the Province, his evaluation report, if any, of all requests for clustering of voting centers and suspension, postponement or declaration of failure of elections, in consultation with the Election Officer concerned, regional or local unit of the Armed Forces of the Philippines or Philippines National Police, Department of Education and representatives of all candidates/political parties;

      5. Submit his recommendation to the District Team Leader for the relief or substitution of any member of the board of election inspectors or deputized agency of the Commission in case the latter engages in partisan political activities;

      6. Make himself available for appointment as Chairman of any sub-canvassing committee of the Provincial Board of Canvassers;

      7. Administer the oath of the board of election inspectors; and

      8. Perform such other functions as may be directed by the Commissioner-In- Charge.

SEC. 2. District Team Leaders. – The Commission shall designated, thru the Commissioner-In-Charge of a province, not more than three (3) Regional Election Directors and/or Assistant Regional Election Directors of other regions, to act as District Team Leaders for a province in the ARMM, to perform the following functions:

    1. To see to it that the aforesaid election rules are effectively enforced and implemented by the Election Officers, Special Action Officers and other deputies of the Commission, particularly those pertaining to casting, counting and canvassing of votes;

    2. To oversee the Election Officers, Special Action Officers and other deputies of the Commission in the performance of their respective duties and functions delineated under these rules and other resolutions promulgated by the Commissions;

    3. To act as Chairman of the Provincial Board of Canvassers whenever directed by the Commissioner-In-Charge;

    4. To submit recommendation to the Commissioner-In-Charge, on the basis of the evaluation report of the Special Action Officer, on all requests for clustering of voting centers, suspension, postponement or declaration of failure of elections and relief of BEI member; and

    5. To perform such other functions and powers as may be delegated, instructed or entrusted by the Commissioner-In-Charge to ensure the holding of free, honest, orderly and credible ARMM elections.

ARTICLE II
BOARD OF ELECTION INSPECTORS

SEC. 3. Board of election inspectors; constitution and appointment. – The Commission on Elections, through its Election Officer, shall constitute a board of election inspectors for each precinct or clustered precinct from the list of teachers recommended by the DepEd for appointment. Said list shall be turned-over by the Election Officer to the Special Action Officer assigned to his city/municipality.

The board of election inspectors shall be composed of a chairman and two members, all of whom shall be public school teachers, giving preference to those with permanent appointment. One of the members shall be designated as poll clerk.

In case there are not enough public school teachers, teachers in private schools, employees in the civil service, or citizens of known probity and competence who are registered voters of the city or municipality may be appointed for election duty: Provided, That the chairman shall be a public school teacher.

SEC. 4. Qualifications of members of the board of election inspectors. – No person shall be appointed as chairman or member of the board of election inspectors, whether regular, substitute or temporary, unless he:

    1. Is of good moral character and irreproachable reputation;

    2. Is a registered voter of the city or municipality;

    3. Has never been convicted of any election offense or of any other crime punishable by more than six (6) months of imprisonment, or has no pending case filed against him for any election offense; and

    4. Is able to speak and write English or the local dialect.

SEC. 5. Disqualification. – No person shall serve as chairman or member of the board of election inspectors if he or his spouse is related within the fourth civil degree of consanguinity or affinity to any member of the same board or to any candidate to be voted for or his spouse. Violation of this provision shall constitute an election offense.

SEC. 6. Notice of disqualification. – Any chairman or member of the board of election inspectors who is disqualified for any reason, shall notify the Special Action Officer appointed by the Commission to the Election Officer concerned of such fact in writing, who shall, in turn, immediately appoint his substitute based on the list of teachers recommended by the Department of Education (DepEd) for appointment.

SEC. 7. Temporary vacancies in the board of election inspectors. – If, at the time of the meeting of the board of election inspectors, any member is absent or a vacancy exists, the members present shall call upon the substitute from the roll of substitutes listed by the DepEd, to perform the duties of the latter. If none is available, the members present shall appoint any non-partisan registered voter of the precinct not otherwise disqualified, to temporarily fill said vacancy until the absent member appears or the vacancy is filled. In case there are two members present, they shall act jointly.

SEC. 8. Arrest of absent members. – The member or members of the board of election inspectors present may order the arrest of any member who, in his or their judgment, has absented himself with the intention of obstructing the performance of the duties of the board.

SEC. 9. Appointment and oath of members of the board of election inspectors. – The Election Officer shall accomplish the Appointment of the Chairman and Members of the Board of Election Inspectors (CEF No. 5) in three (3) copies, and require the chairman and members of the board to affix their signatures and imprints of their right thumbs on the Oath of Office (CEF No. 5A).

Before assuming office, the chairman and members of the board of election inspectors shall take an oath before the Special Action Officer, sign the oath and affix the imprints of their right thumbs on the space provided for the purpose.

Copies of the Appointment and Oath (CEF No. 5 & 5A) shall be distributed, as follows:

    1. First copy, to be retained by the Election Officer;

    2. Second copy, to be issued to the chairman and members of the board of election inspectors; and

    3. Third copy, to be attached to the payroll for payment of honorarium of the board of election inspectors.

SEC. 10. Powers and functions of the board of election inspectors. – The board of election inspectors shall have the following powers and functions:

    1. Conduct the voting in its polling place, and the counting of votes in the place designated by the Commission;

    2. Act as deputies of the Commission in the supervision and control of the election in the polling place where it is assigned;

    3. Maintain order within the polling place and its premises; keep access thereto open and unobstructed; and enforce obedience to its lawful order. If any person refuses to obey the lawful orders of the board of election inspectors or conducts himself in a disorderly manner in the presence or within its hearing and thereby interrupts or disturbs its proceedings, the board of election inspectors may issue an order in writing directing any peace officer to take said persons 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 such written order shall be attached to the Minutes of Voting and Counting of Votes; and

    4. Perform such other functions prescribed by the law or by the rules and regulations promulgated by the Commission.

SEC. 11. Proceedings of the board of election inspectors. – The meeting of the board of election inspectors shall be public and held in the polling place designated by the Commission.

The board of election inspectors shall act through its chairman and shall decide by majority vote, without delay, all questions, which may arise in the performance of its duties.

SEC. 12. Minutes of voting and counting of votes. – The board of election inspectors shall enter in the Minutes of Voting and Counting of Votes (CEF No. 11) the act or data therein required as they occur or become available during voting and counting of votes. Copies thereof shall be sealed in separate envelopes, to be distributed as follows:

    1. First copy, to the Special Action Officer duly appointed by the Commission Officer who shall transmit it to the Election Records and Statistics Department in Manila; and

    2. Second copy, to be deposited inside the compartment of the ballot box for valid ballots.

SEC. 13. Voting privilege of the members of board of election inspectors. – Members of the board of election inspectors and their substitutes may vote in the polling places where they are assigned on election day provided that:

    1. They are registered voters of the same legislative district where they are assigned; and

    2. Their voting in the polling place where they are not registered should be noted in the Minutes of Voting and Counting of Votes.

SEC. 14. Prohibition against political activity. – No member of the board of election inspectors shall engage in any partisan political activity or take part in the election except to discharge his duties as such and to vote.

SEC. 15. Honoraria of the board of election inspectors. – The Chairman and members of the board of election inspectors shall each receive honorarium of One Thousand Pesos (P1,000.00) for each day of service, but not to exceed Two Thousand Pesos (P2,000.00). Provincial, City and Municipal Treasurers, and DepEd supervisory officials, deputized by the Commission to perform election duties shall be paid honorarium of One Thousand Pesos (P1,000.00) for each day of service, but not to exceed Two Thousand Pesos (P2,000.00). Support personnel from the DepEd who may be required by the Commission to perform election duties shall each be entitled to honorarium of Five Hundred Pesos (P500.00). There shall be one DepEd supervisory official with one (1) support personnel for every ten (10) precincts as clustered.

ARTICLE III

WATCHERS

SEC. 16. Official watchers of candidates, political parties and other groups. - Each candidate and registered political party or coalition of political parties duly registered with the Commission and fielding candidates in the election may appoint two watchers, to serve alternately, in every polling place. However, candidates to the Regional Assembly, belonging to the same ticket or slate shall collectively be entitled to one watcher.

Duly accredited citizens arms of the Commission shall be entitled to appoint a watcher in every polling place. Other civil, religious, professional, business, service, youth, and any other similar organizations, with prior authority of the Commission, shall be entitled collectively to appoint one watcher in every polling place.

If, because of limited space, all watchers cannot be accommodated in the polling place, preference shall be given to the watchers of the dominant majority and dominant minority parties as determined by the Commission and the watcher of the citizens arm, with the latter being given preferential position closest to the board of election inspectors.

SEC. 17. Qualifications of watchers. - No person shall be appointed watcher unless he:

    1. Is a registered voter of the city or municipality comprising the precinct where he is assigned;

    2. Is of good reputation;

    3. Has not been convicted by final judgment of any election offense or of any other crime;

    4. Knows how to read and write Pilipino, English or any of the prevailing local dialect; and

    5. Is not related within the fourth civil degree of consanguinity or affinity to the chairman or to any other member of the board of election inspectors in the polling place where he seeks appointment as watcher.

SEC. 18. Rights and duties of watchers. – Upon entering the polling place, the watchers shall deliver to the chairman of the board of election inspectors their appointments as watchers, and their names shall forthwith be recorded in the Minutes of Voting and Counting of Votes with a notation under their signatures that they are not disqualified to serve as such under the immediately preceding Section. 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. For this purpose, at least fifteen (15) days before election day, independent candidates, registered parties, organizations or coalitions authorized by the Commission to appoint watchers shall provide the Election Officers concerned with the names and signatures of their representatives authorized to appoint watchers in the city or municipality.

The watchers shall have the right to:

    1. Witness and inform themselves of the proceedings of the board of election inspectors;

    2. Take note of what they may see or hear;

    3. Take photographs of the proceedings and incidents, if any, during the counting of votes, as well as of the election returns, tally board and ballot boxes;

    4. File a protest against any irregularity or violation of law which they believe may have been committed by the board of election inspectors or by any of its members or by any person;

    5. Obtain from the board of election inspectors a certificate as to the filing of such protest and the resolution thereof;

    6. Read the ballot after it shall have been read by the chairman, as well as the election returns after it shall have been completed and signed by the members of the board of election inspectors, without touching said election documents; and

    7. Be furnished, upon request, with a certificate of votes cast for the candidates, duly signed and thumbmarked by the chairman and all members of the board of election inspectors.

Watchers shall not speak to any member of the board of election inspectors, or to any voter or among themselves, in such a manner as would disturb the proceedings of the board.

The watchers representing the dominant majority and dominant minority parties fielding candidates shall, if available, affix their signatures and thumbmarks in the Election Returns.

ARTICLE IV
ELECTION FORMS AND SUPPLIES

SEC. 19. Election forms, documents and supplies. – Except when authorized to do so earlier by the Commission, the board of election inspectors shall get the forms, documents and supplies early in the morning of election day except forms to be used in the counting of votes. With the assistance of the Election Officer, the City/Municipal Treasurer and the Special Action Officer shall allocate and distribute the following forms, documents and supplies per precinct/clustered precinct.

    1. FROM CITY/MUNICIPAL TREASURER

      CEF NO. FORMS AND SUPPLIES RATE OF DISTRIBUTION
      3 Poster Indicating Precinct Number and Location of Polling Place 1 piece
      4 Certified List of Candidates for Regional Governor, Regional Vice-Governor and Regional Legislative Assemblyman 12 copies
      6 Official Ballots 1 ballot per registered voter
      plus 3 ballots for every precinct or clustered precinct
      11 Minutes of Voting and Counting of Votes 1 set of 2 copies
      12 Paper Seal 7 pieces
      14 Certificate of Receipt of Official Ballots, Other Forms and Supplies 3 pieces
      ENVELOPES FOR:
      15, 15-A, 16-A to 16-D, 28 Counted Official Ballots, Excess, Marked, Spoiled, Half of Torn Unused Official Ballots, Other Half of Torn Unused Official Ballots, and Official Ballots 7 pieces
      18 and 18-A Minutes of Voting and Counting of Votes 2 pieces
      19, 19-A and 19-B Keys to Ballot Box 3 pieces
      OTHER FORMS
      30 Temporary Appointment of Chairman, Poll Clerk, Members 10 pieces
      35 Certificate of Challenge or Protest and Decision of the Board 10 pieces
      39 Oath of Voter Challenged for Illegal Acts 10 pieces
      40 Oath of Identification of Challenged Voter 10 pieces
      41 Summons re: Challenged Voter 10 pieces
        General Instructions for BEI on Election Day 3 copies
      SUPPLIES
        Ballot Secrecy Folder 12 pieces
        Rubber Band 6 pieces
        Ballpoint pen 12 pieces
        Thumbprint Taker 2 pieces
        Bond paper 30 sheets
        Padlocks with Keys 3 pieces
        Indelible Stain Ink 2 bottles
        Ballot Box 1 piece
        Carbon Paper 5 sheet
        Fixed Length Seal 3 pieces

    2. FROM THE ELECTION OFFICER

      1. Book of Voters;

      2. Two (2) copies of PCVL (List of Voters);

      3. One (1) copy of EDCVL (List of Voters with Voting Record);

      4. Nine (9) copies of Appointment and Oath of Office of BEI (CEF No. 5 & 5 A); and

      5. Election Watcher’s ID at ten (10) pieces per precinct/clustered precinct.

           The Book of Voters should be duly sealed. The PCVL and EDCVL should all be duly certified by the Election Registration Board.

           The chairman of the board of election inspectors shall have custody of the Book of Voters and one (1) copy of the PCVL.

           The poll clerk shall have custody of the EDCVL.

           The board of election inspectors shall carefully check the different election forms, documents and supplies and the quantity actually received, and deposit them in the ballot box, which shall thereafter be locked with three (3) padlocks. Each member of the board of election inspectors shall keep in his custody one (1) key corresponding to one of the padlocks. The board of election inspectors shall sign a Certificate of Receipt (CE Form No. 14), in three (3) copies, the original copy of which shall be delivered to the city/municipal treasurer, the second copy to be retained by the board of election inspectors, and the third copy to the Election Officer, who shall transmit said receipt to the Records and Statistics Division, ERSD, Comelec, Manila, immediately after election day.

    3. FROM THE SPECIAL ACTION OFFICER OR ANY DULY AUTHORIZED OFFICIAL OF THE COMMISSION, IMMEDIATELY BEFORE THE COUNTING OF VOTES

      CEF No. Forms and Supplies Rate of Distribution
      9 Election Returns 1 set of 7 copies
      10 Tally Board 1 set
      12 Paper Seal 18 pieces
      13 Certificate of Votes Received by Candidates to be issued by BEI 20 copies
      27, 27-A To 27-F Official Receipt of Election Returns 10 pieces
      17, 17-B To 17-G Envelope for Election Returns 1 set 7 pieces
      SUPPLIES
        Fixed Length Seal 2 pieces

SEC. 20. Official ballots. – The official ballot shall:

    1. Be uniform in size, printed in black ink on white security paper with distinctive, clear and legible water marks that will readily distinguish it from ordinary paper;

    2. Be with stubs and detachable coupons containing the serial number of the ballot with space for the thumbmark of the voter on the detachable coupon;

    3. Bear at the top of the middle portion thereof, the coat-of-arms of the Republic of the Philippines, the words “Official Ballot”, the name of the city or the municipality and province in which the election is to be held, the date of the election and the following notice in English: “Fill out this ballot secretly using a ballot secrecy folder. Do not put any distinctive mark on any part of this ballot.”;

    4. Contain the names of all the offices to be voted for in the election allowing sufficient space or spaces with horizontal line where the voter may write the name or names of the individual candidates voted for by him. In cities or municipalities where Arabic is of general use, the title of the offices to be voted for shall be printed in Arabic in addition to the English title; and

    5. Not have anything printed or written on the back thereof except as provided in Sec. 27 hereof.

SEC. 21. Forms to be reproduced when needed. – Samples of the following forms are attached hereto to guide the board of election inspectors in the reproduction thereof when the need arises:

    1. Temporary Appointment of Chairman/Poll Clerk/Member (Annex “A”);

    2. Certificate of Challenge or Protest and Decision of the Board (Annex “B”);

    3. Oath of Voter Challenged for Illegal Acts (Annex “C”);

    4. Oath of Identification of Challenged Voter (Annex “D”); and

    5. Summons Re: Challenged Voter (Annex “E”)

ARTICLE V
VOTING

SEC. 22. Date of election. – The election shall be held on August 8, 2005.

SEC. 23. Who may vote. – All current registered voters in the Autonomous Region in Muslim Mindanao whose registration records have not been cancelled, may vote in the election.

Those whose names are not included in the EDCVL or whose Voter Registration Records are not in the Book of Voters will NOT be allowed to vote.

SEC. 24. Voting hours. – The casting of votes shall start promptly at seven o’clock in the morning and shall end at three o’clock in the afternoon of election day.

If at three o’clock there are still voters within thirty meters in front of the polling place who have not yet cast their votes, the voting shall continue but only to allow said voters to cast their votes without interruption. The poll clerk shall, without delay, prepare a complete list containing the names of said voters consecutively numbered. The voters listed shall be called to vote by the poll clerk by announcing each name three (3) times in the order in which they are listed. Any voter in the list who is not present when called shall not be permitted to vote at any later time. The said list shall be submitted to the Election Officer.

SEC. 25. Place of voting. – The voters shall cast their votes in the polling place designated by the Commission for the precinct. The Poster Indicating the Precinct Number and Location of Polling Place (CEF No. 3) shall be prominently posted near or at the door of the polling place.

SEC. 26. Rules to be observed during the voting. – During the voting, the board of election inspectors shall see to it that:

    1. No watcher enters the place reserved for the voters and the board of election inspectors, or mingles and talks with the voters;

    2. No voter prepares his ballot without using a ballot secrecy folder, or exhibits the contents of the ballot to any person;

    3. No ballot is brought outside the polling place;

    4. No person carrying any firearm or any other deadly weapon, except those expressly authorized by the Commission, enters the polling place;

    5. The voters shall vote in the order of their arrival in the polling place;

    6. There is no crowding of voters and disorderly behavior inside the poling place; and

    7. The interior cover of the ballot box remains locked during voting.

SEC. 27. Persons allowed in and around the polling place. – Only the following persons shall be allowed inside the polling place:

    1. Members of the board of election inspectors;

    2. Watchers who shall stay only in the space reserved for them;

    3. Representatives of the Commission;

    4. Voters casting their votes;

    5. Voters waiting for their turn to vote;

    6. Voters waiting for their turn to get their ballots; and

    7. Other persons who may be specifically authorized by the Commission.

Unless specifically authorized by the Commission, it is unlawful for any officer or member of the Armed Forces of the Philippines or the Philippine National Police or any peace officer or armed person belonging to any extra-legal police agency, special forces, reaction forces, strike forces, Civilian Armed Force Geographical Units, barangay tanods, or other similar forces or para-military forces, including special forces, security guards, special policemen, and all other kinds of armed or unarmed extra-legal police forces, to enter any polling place or stay within a radius of fifty (50) meters thereof, except to vote.

However, the board of election inspectors, by majority vote, if it deems necessary, may order in writing the detail of a policeman or any peace officer for its protection or for the protection of the election documents and paraphernalia. Such order shall be entered in the Minutes of Voting and Counting of Votes. Said policeman or peace officer shall stay outside the polling place within a radius of thirty (30) meters near enough to be easily called by the board of election inspectors at anytime, but never at the door, and in no case shall the said policeman or peace officer hold any conversation with any voter or disturb or prevent or in any manner obstruct the free access of the voters to the polling place.

No barangay official shall enter any polling place except to vote; in which case, he shall immediately leave the polling place after voting.

SEC. 28. Preliminaries to the voting. – The board of election inspectors shall meet at the polling place at six o’clock in the morning of election day and do the following:

    1. See to it that it has all the election forms, documents and supplies needed;

    2. Post one copy of PCVL near or at the door of the polling place; and

    3. Staple or paste the certified list of candidates on the ballot secrecy folders.

Before the voting begins, the chairman of the board of election inspectors shall:

    1. Open the ballot box, empty both of its compartments, exhibit them to all those present and, being empty, lock its interior cover with three (3) padlocks. The members of the board of election inspectors shall each retain their respective keys to the padlocks during the voting;

    2. Show to the public and to the watchers present, the package of official ballots and the book of voters, both duly sealed, and thereafter, break the seals; and

    3. Enter in the Minutes of Voting and Counting of Votes: 1) the number of pads of ballots; 2) the serial numbers of the ballots in each pad; and 3) the fact that the package of ballots and the book of voters were shown to the public with the seals intact.

SEC. 29. Manner of obtaining ballots. – The voter shall approach the chairman, give his name, address, together with the other data concerning his person, and present any authentic document that may establish his identity.

The chairman shall verify whether or not: 1) the name of the voter is included in the EDCVL; or 2) the voter’s Voter Registration Record is contained in the Book of Voters of the precinct. If the voter’s name is in the EDCVL or if his Voter Registration Record is included in the Book of Voters, the chairman shall examine the identification document presented by the voter, to determine whether the voter is the same person presenting to vote.

If the voter fails to present any authentic document to establish his identity, he may be identified under oath by any member of the board of election inspectors and such identification shall be reflected in the Minutes of Voting and Counting of Votes.

In all cases, the voter shall be required to affix his signature on a separate sheet of paper; after which, the chairman shall then compare the signature with that appearing in the Voter’s Registration Record. In case the registration record of the voter is not available, the chairman shall compare the signature with that appearing in the identification document presented by the voter.

If the board of election inspectors is satisfied with the voter’s identity, the chairman shall announce the voter’s name in a tone loud enough to be plainly heard throughout the polling place. If the voter is not challenged, or having been challenged, the question has been decided in his favor, the voter shall be given a ballot.

Only the chairman shall issue the official ballots, and not more than one ballot shall be issued at one time.

Before giving the ballot to the voter, the chairman shall:

    1. Apply indelible ink at the base, and extending to the cuticle, of the right forefinger nail of the voter, or any other finger nail if there be no right forefinger;

      A voter, who for any reason, refuses to be stained with the indelible ink, or whose finger already shows stain of indelible ink, shall not be given a ballot. Such fact shall be entered in the Minutes of Voting and Counting of Votes.

    2. Announce the serial number of the ballot and enter the same in the corresponding space opposite the name of the voter in the EDCVL;

    3. Authenticate the ballot by affixing his signature at the back thereof. Failure to authenticate shall be noted in the Minutes of Voting and Counting of Votes.

      The failure to affix signature at the back of the ballot shall not invalidate the ballot but shall constitute an election offense; and

    4. Fold the ballot in such a manner that its face is covered, except the portion where the serial number appears, and give the same to the voter.

SEC. 30. Manner of voting. – Upon receipt of the ballot, the voter shall forthwith affix his signature in the proper space opposite his name in the EDCVL.

Using a ballot secrecy folder, he shall fill his ballot by writing the names of the individual candidates of his choice.

It shall be unlawful to use carbon paper, paraffin paper or other means for making a copy of the contents of the ballot or make use of any means to identify the voter or his vote.

SEC. 31. Procedure after voter has filled up the ballot. –

    1. After the voter has filled his ballot, he shall fold it in the same manner as when he received it;

    2. In the presence of all the members of the board of election inspectors, he shall affix his thumbmark in the corresponding space in the detachable coupon of the ballot, and return the folded ballot to the chairman;

    3. The chairman in the presence of the voter and all the members of the board of election inspectors shall, without unfolding the ballot or seeing its contents, verify its serial number as against the serial number previously entered in the EDCVL, to determine whether it is the same ballot previously given to the voter.

      Any ballot returned to the chairman, the serial number of which does not tally with the serial number entered in the EDCVL, shall be considered “SPOILED”. The voter shall be given another ballot so as not to disenfranchise him, without prejudice, however, to the filing of appropriate charges against the voter. For this purpose, the board of election inspectors shall submit to the Election Officer the names of such voters;

    4. The voter shall forthwith affix his thumbmark in the corresponding space opposite his name in the EDCVL;

    5. The chairman shall detach the coupon in the presence of the voter and the other members of the board of election inspectors, and shall deposit the detached coupon in the compartment for spoiled ballots.

      Any ballot returned to the chairman, the detachable coupon of which has been removed not in the presence of the members of the board of election inspectors, shall be considered “SPOILED”. The voter shall be given another ballot so as not to disenfranchise him, without prejudice, however, to the filing of appropriate charges against the voter. For this purpose, the board of election inspectors shall submit to the Election Officer the names of such voters;

    6. The chairman shall then deposit the ballot inside the compartment for valid ballots in the presence of the voter and other members of the board of election inspectors;

    7. If it should become necessary to make room for more ballots, the chairman may, in the presence of the members and watchers, open the ballot box and press down with his hands the ballots contained therein without removing any of them, after which the board of election inspectors shall again close the interior cover of the ballot box and lock it with padlocks as herein provided; and

    8. The voter shall then leave the polling place.

SEC. 32. Preparation of ballots for illiterate and disabled voters. –

    1. A voter who is illiterate or physically unable to prepare the ballot by himself may be assisted in the preparation of his ballot by a relative within the fourth civil degree of consanguinity or affinity, or, if he has none, by any person of his confidence who belongs to the same household, or by any member of the board of election inspectors;

    2. No person may assist an illiterate or disabled voter more than three (3) times except the members of the board of election inspectors;

    3. In all cases, the poll clerk shall first verify from the illiterate or disabled voter whether the latter had authorized the assistor to prepare the ballot for him;

    4. The assistor shall, in the presence of the illiterate or disabled voter, prepare the ballot using a ballot secrecy folder; and

    5. The assistor shall bind himself in writing, and under oath to fill the ballot strictly in accordance with the instructions of the voter and not to reveal the contents of the ballot, by affixing his signature in the appropriate space in the Minutes of Voting and Counting of Votes.

SEC. 33. Accessibility of polling place to disabled voters. – The Election Officers, in coordination with the proper school or building officials, shall see to it that the designated polling places of precincts where there are disabled registered voters are located in the ground floors of the polling centers so that the disabled voters can have easy access thereto.

SEC. 34. Spoiled ballots. – A ballot is considered spoiled in the following instances:

    1. When the voter accidentally defaces the ballot in such a way that it can no longer be lawfully used;

    2. When the detachable coupon of the ballot was detached not in the presence of the Board; and

    3. When the serial number of the ballot returned by the voter is different from the serial number of the ballot earlier given to the said voter.

In all cases, the voter shall surrender the ballot folded to the chairman who shall note in the corresponding space in the EDCVL that said ballot is spoiled. The chairman shall enter the serial number of the spoiled ballot in the space provided for in the Minutes of Voting and Counting of Votes. The spoiled ballot shall be so marked at the back thereof with the word “SPOILED” and signed by the chairman of the board of election inspectors, and placed inside the compartment for spoiled ballots. The voter shall then be given another ballot duly authenticated by the chairman after announcing its serial number and recording said serial number in the corresponding space in the EDCVL.

If the second ballot is again spoiled, it shall be surrendered correctly folded to the chairman who shall follow the same procedure for spoiled ballots.

No voter shall change his ballot more than once.

SEC. 35. Challenge against illegal voters. – Any voter or watcher may challenge any person offering to vote for:

    1. Not being registered;

    2. Using the name of another; or

    3. Suffering from an existing disqualification.

In such case, the board of election inspectors shall satisfy itself as to whether or not the ground for the challenge is true by requiring proof of registration, identity or qualification or by referring to the watchlist provided the EOs. However, the absence of any identification document shall not preclude the voter from voting if his identity can be established from the photograph, fingerprint, or specimen signatures in his Voter Registration Record or if a member of the board of election inspectors identifies him under oath. Such identification shall be reflected in the Minutes of Voting and Counting of Votes.

SEC. 36. Challenge based on certain illegal acts. – Any voter or watcher may challenge any voter offering to vote on the ground that the challenged person has:

    1. 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

    2. Made or received a promise to influence the giving or withholding of any such vote; or

    3. Made a bet or is interested directly or indirectly in a bet that depends upon the results of the election.

The challenged person shall take an oath before the board of election inspectors that he has not committed any of the acts alleged in the challenge. Upon taking such oath, the challenge shall be dismissed and the voter shall be allowed to vote. In case the voter refuses to take such oath, the challenge shall be sustained and the voter shall not be allowed to vote.

SEC. 37.
Record of challenges and oaths. – The poll clerk shall record in the Minutes of Voting and Counting of Votes all challenges and oaths taken in connection therewith and the decision of the board of election inspectors in each case.

SEC. 38. Disposition of unused ballots. – The chairman shall record in the Minutes of Voting and Counting of Votes the quantity and serial numbers of unused ballots. Thereafter, he shall, in the presence of the members of the board of election inspectors and watchers, tear the unused ballots in half lengthwise without removing the stubs and detachable coupons. One half shall be placed in the envelope for the purpose, and submitted to the Election Officer, while the other half shall be placed in another envelope for the purpose, and then deposited inside the compartment of the ballot box for valid ballots. Such facts shall be entered in the Minutes of Voting and Counting of Votes.

SEC. 39. Prohibition against premature announcement of voting. – During the voting, no member of the board of election inspectors shall make any announcement as to whether a certain registered voter has already voted or not, as to 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; nor shall he make any statement at any time, except as witness before a court or body as to how many persons voted.

ARTICLE VI
COUNTING OF VOTES

SEC. 40. Venue for counting; designation of counting centers. – The votes shall be counted at the counting centers designated by the Commission.

In designating the counting center, the security of the site, accessibility and size of the area, among other things, shall be considered.

SEC. 41. Transport of boards of election inspectors & election paraphernalia. – After the termination of voting, the board of election inspectors shall place inside the ballot box all the election documents and paraphernalia, except the book of voters, indelible ink, thumbprint takers and other materials which might stain or mark the ballots therein, lock it with three (3) padlocks and two (2) self-locking serially numbered fixed-length seals, one for the inner compartments and one for the outer cover of the ballot box. Each member of the board of election inspectors shall keep a key to a padlock.

The boards of election inspectors, together with the ballot boxes and the other election paraphernalia shall then be transported to the counting center where the votes shall be counted.

 It shall be the joint responsibility of the District Team Leader and the Provincial Election Supervisor to coordinate with the DepEd, PNP/AFP, and DILG to ensure the safe transport of the boards of election inspectors and the election forms and paraphernalia to the counting center.

The candidates and political parties shall be notified of the transfer of the ballot boxes and shall have the right to accompany the boards of election inspectors when they transfer the ballot boxes from the polling places to the counting centers. The serial numbers of the ballot box and the self-locking serially numbered fixed-length seals, the time when the board of election inspectors left the polling place shall be recorded in the Minutes of Voting and Counting of Votes.

The District Team Leader and Provincial Election Supervisors, in coordination with the military and police authorities, shall ensure that the counting center is provided with adequate security.

SEC. 42. Counting of votes to be public and without interruption. – The board of election inspectors shall publicly count the votes cast and ascertain the results of the election in their respective precincts. Unless otherwise ordered by the Commission, the boards of election inspectors shall not adjourn or postpone or delay the counting until it has been fully completed.

SEC. 43. Issuance of election returns. – The Special Action Officer or the duly authorized official of the Commission shall issue at the counting center the election returns and other forms and supplies related to the counting to the boards of election inspectors under proper receipt.

SEC. 44. Preliminaries to the counting of votes. – Upon arrival at the counting center, the board of election inspectors shall proceed to the designated area where the election returns and other forms and supplies related to the counting shall be issued to them. Before issuance of the election returns, the authorized representative of the Special Action Officer shall record the serial numbers of the ballot box and the self-locking serially numbered fixed-length seals, the time of arrival of the board of election inspectors at the counting center and the names of the persons accompanying the transfer of the ballot box.

Upon receipt of the election returns and other forms and supplies related to counting, the boards of election inspectors shall proceed to their assigned counting rooms/areas.

At the assigned counting rooms/areas, the board of election inspectors shall unlock the padlocks, break the self-locking serially numbered fixed-length seal, open the ballot box and take out the ballots from the compartment for valid ballots. The board of election inspectors shall then determine whether there are:

    1. Excess ballots. The board of election inspectors shall count the ballots in the compartment for valid ballots without unfolding them or exposing their contents, except to ascertain that each ballot is single, and compare the number of ballots in the compartment with the number of voters who actually voted as recorded in the Minutes of Voting and Counting of Votes. If the number of valid ballots exceeds the number of voters who actually voted, all of the ballots shall be returned to the compartment and thoroughly mixed therein. The poll clerk, without seeing the ballots and with his back to the box, shall publicly draw out as many ballots as may be equal to the excess and, without unfolding them, place them in the envelope for excess/marked/spoiled/half of torn unused ballots.

      If, in the course of examination, ballots are found folded together before they were deposited in the box, they shall be placed in the envelope for excess/marked/spoiled/half of torn unused ballots.

      The envelope containing the excess ballots shall be signed by the members of the board of election inspectors, sealed and deposited in the compartment for valid ballots.

    2. Ballots with undetached coupons. In case ballots with undetached coupons are found in the compartment, the coupons shall be removed and deposited in the compartment for spoiled ballots. The ballots shall be included in the pile of valid ballots.

    3. Ballots with the word “spoiled”. Should ballots with the word “spoiled” be found in the compartment for valid ballots, they shall be placed in the envelope for excess/marked/spoiled/half of torn unused ballots. The envelope shall be signed by the members of the board of election inspectors, sealed and deposited in the compartment for spoiled ballots.

    4. Marked ballots. The board of election inspectors shall then unfold the ballots and determine whether there are any marked ballots. If any should be found, they shall be placed in the envelope for excess/marked/spoiled/ half of torn unused ballots. The envelope shall be signed by the members of the board of election inspectors, sealed and deposited in the compartment for valid ballots.

Excess, spoiled and marked ballots shall not be counted.

SEC. 45. Ballots deposited in the compartment for spoiled ballots. – The ballots deposited in the compartment for spoiled ballots shall be presumed “spoiled”, whether or not they contain such notation; but if the board of election inspectors should find that during the voting any valid ballot was erroneously deposited in this compartment, or if any ballot separated as excess or marked had been erroneously deposited therein, the board of election inspectors shall open said compartment after the voting and before the counting of votes for the sole purpose of drawing out the ballots erroneously deposited therein. The valid ballots so withdrawn shall be mixed with the other valid ballots. The excess and marked ballots shall be placed inside their corresponding envelopes. Such fact shall be recorded in the Minutes of Voting and Counting of Votes.

SEC. 46. Manner of counting of votes. – The table shall be cleared of all unnecessary writing paraphernalia. The board of election inspectors shall unfold the ballots and form separate piles of one hundred (100) ballots each, held together by rubber bands. The chairman of the board of election inspectors shall take the ballots of the first pile one by one and read the names of the candidates voted for and the offices for which they were voted in the order in which they appear thereon.

During the counting, the chairman, the poll clerk and the third member shall position themselves in such a way as to give the watchers and the public an unimpeded view of the ballot being read by the chairman, as well as of the election returns and tally board being simultaneously accomplished by the poll clerk and the third member, respectively. Any violation hereof shall constitute an election offense.

The watchers and the public shall not touch any of the said election documents.

The poll clerk and the third member shall record in the election returns and in the tally board, respectively, each vote as it is read. The vote for each candidate shall be recorded by a vertical line, except every fifth vote, which shall be recorded by a diagonal line crossing the previous four vertical lines.

After finishing the first pile of ballots, the board of election inspectors shall determine the sub-total of the number of votes for each candidate. The sub-total shall be recorded and encircled on the tally board and on the election returns. In case of discrepancy between the entries in the election returns and tally board, a recount shall be made. For this purpose, the ballots shall again be grouped together as before.

The same procedure shall be followed with the succeeding piles of ballots.

After all the ballots have been read, the board of election inspectors shall affix their initials after the last vote recorded or immediately after the name of the candidates who did not receive any vote. Thereafter, the board of election inspectors shall record, in words and in figures, the total number of votes obtained by each candidate both in the election returns and in the tally board. The counted ballots shall be placed in the envelope for the purpose. The envelope shall be closed, signed, sealed and deposited in the ballot box compartment for valid ballots. The tally board as accomplished and certified by the board of election inspectors shall not be changed or destroyed but shall be kept in the ballot box compartment for valid ballots.

SEC. 47.
Rules for the appreciation of ballots. – In the reading and appreciation of ballots, every ballot shall be presumed to be valid unless there is clear and good reason to justify its rejection.

The board of election inspectors shall observe the following rules, bearing in mind that the object of the election is to obtain the expression of the voter’s will:

    1. Where only the first name of a candidate or only his surname is written, the vote for such candidate is valid, if there is no other candidate with the same first name or surname for the same office;

    2. Where only the first name of a candidate is written on the ballot, which when read, has a sound similar to the surname of another candidate, the vote shall be counted in favor of the candidate with such surname. If there are two or more candidates with the same full name, first name or surname and one of them is the incumbent, and on the ballot is written only such full name, first name or surname, the vote shall be counted in favor of the incumbent;

    3. In case the candidate is a woman who uses her maiden or married surname or both and there is another candidate with the same surname, a ballot bearing only such surname shall be counted in favor of the candidate who is an incumbent;

    4. When two or more words are written on the same line on the ballot, all of which are the surnames of two or more candidates, the same shall not be counted for any of them, unless one is a surname of an incumbent who has served for at least one year in which case it shall be counted in favor of the latter;

    5. When two or more words are written on different lines on the ballot all of which are the surnames of two or more candidates bearing the same surname for an office for which the law authorizes the election of more than one and there are the same number of such surnames written as there are candidates with that surname, the vote shall be counted in favor of all the candidates bearing the surname;

    6. When on the ballot is written a single word which is the first name of a candidate and which is at the same time the surname of his opponent, the vote shall be counted in favor of the latter;

    7. When two words are written on the ballot, one of which is the first name of a candidate and the other is the surname of his opponent, the vote shall not be counted for either;

    8. A name or surname incorrectly written which, when read, has a sound similar to the name or surname of a candidate when correctly written shall be counted in his favor;

    9. When a name of a candidate appears in a space of the ballot for an office for which he is a candidate and in another space for which he is not a candidate, it shall be counted in his favor for the office for which he is a candidate and the vote for the office for which he is not a candidate shall be considered as stray, except when it is used as a means to identify the voter, in which case, the whole ballot shall be void;

    10. If the word or words written on the appropriate blank on the ballot is the identical name or surname or full name, as the case may be, of two or more candidates for the same office none of whom is an incumbent, the vote shall be counted in favor of that candidate to whose ticket belong all the other candidates voted for in the same ballot for the same constituency;

    11. When in a space in the ballot there appears a name of a candidate that is erased and another clearly written, the vote is valid for the latter;

    12. The erroneous initial of the first name which accompanies the correct surname of a candidate, the erroneous initial of the surname accompanying the correct first name of a candidate, or the erroneous middle initial of the candidate shall not annul the vote in favor of the latter;

    13. The fact that there exists another person who is not a candidate with the first name or surname of a candidate shall not prevent the adjudication of the vote of the latter;

    14. Ballots which contains prefixes such as “Sr.”, “Mr.”, “Datu”, “Don”, “Ginoo”, “Hon.”, “Gob.”, or suffixes like “Hijo”, “Jr.”, “Segundo”, are valid;

    15. The use of the nicknames and appellations of affection and friendship, if accompanied by the first name or surname of the candidate, does not annul such vote, except when they were used as a means to identify the voter, in which case the whole ballot is invalid: Provided, that if the nickname used is unaccompanied by the name or surname of a candidate and it is the one indicated in his certificate of candidacy, the nickname shall be counted in favor of said candidate, if there is no other candidate for the same office with the same nickname;

    16. Any vote containing initials only or which is illegible or which does not sufficiently identify the candidate for whom it is intended shall be considered as a stray vote but shall not invalidate the whole ballot;

    17. If on the ballot is correctly written the first name of a candidate but with a different surname, or the surname of the candidate is correctly written but with a different first name, the vote shall not be counted in favor of any candidate having such first name and/or surname but the ballot shall be considered valid for other candidates;

    18. Any ballot written with crayon, lead pencil, or in ink, wholly or in part, shall be valid;

    19. Where there are two or more candidates voted for in an office for which the law authorizes the election of only one, the vote shall not be counted in favor of any of them, but this shall not affect the validity of the other votes therein;

    20. If the candidates voted for exceed the number of those to be elected, the ballot is valid, but the votes shall be counted only in favor of the candidates whose names were firstly written by the voter within the spaces provided for said office in the ballot until the authorized number is covered;

    21. Any vote in favor of a person who has not filed a certificate of candidacy or in favor of a candidate for an office for which he did not present himself shall be considered as a stray vote but it shall not invalidate the whole ballot;

    22. Ballots containing the name of a candidate printed and pasted on a blank space of the ballot or affixed thereto through any mechanical process are totally null and void;

    23. Circles, crosses or lines put on the spaces on which the voter has not voted shall be considered as signs to indicate his desistance from voting and shall not invalidate the ballot;

    24. Unless it should clearly appear that they have been deliberately put by the voter to serve as identification marks, commas, dots, lines, or hyphens between the first name and surname of a candidate, or in other parts of the ballot, traces of the letter “I”, “J” and other similar ones, the first letters or syllables of names which the voter does not continue, the use of two or more kinds of writing and unintentional or accidental flourishes, strokes or strains, shall not invalidate the ballot;

    25. Any ballot which clearly appears to have been filled by two distinct persons before it was deposited in the ballot box during the voting is totally null and void;

    26. Any vote cast in favor of a candidate who has been disqualified by final judgment shall be considered as stray and shall not be counted but it shall not invalidate the ballot;

    27. Ballots wholly written in Arabic in localities where it is of general use are valid. To read them, the board of election inspectors may employ an interpreter who shall take an oath that he shall read the votes correctly;

    28. The accidental tearing or perforation of a ballot does not annul it;

    29. Failure to remove the detachable coupon from a ballot does not annul such ballot;

    30. When on the proper spaces for regional governor and regional vice-governor are written the names, surnames or nicknames of official candidates of the same political party for the said offices, the votes shall be counted in their favor;

    31. When on the space for regional governor is written the name, surname or nickname of an official political party candidate for regional governor and on the space for regional vice-governor is written the name, surname or nickname of an independent candidate or of an official candidate of another political party, the vote shall be counted in favor of the candidates for regional governor and regional vice-governor as written on the ballot;

    32. When on the space for regional governor is written the name, surname or nickname of an independent candidate for regional governor and on the space for regional vice-governor is written the name, surname or nickname of an independent candidate or of an official candidate of any political party, the vote shall be counted in favor of the candidates for regional governor and regional vice-governor as written on the ballot;

    33. When on the space for regional governor is written the name, surname or nickname of an official political party candidate for regional governor and the space for regional vice-governor is left blank, the vote shall be counted in favor of the said candidate for regional governor and his running mate for regional vice-governor;

    34. When the space for regional governor is left blank and on the space for regional vice-governor is written the name, surname or nickname of an official political party candidate for regional vice-governor, the vote shall be counted in favor of the said candidate for regional vice-governor and his party mate for regional governor;

    35. When the space for regional governor is left blank and on the space for regional vice-governor is written the name, surname or nickname of an independent candidate for regional vice-governor, the vote shall be counted in favor of the independent candidate for regional vice-governor written on the ballot. No vote shall be given in favor of any candidate for regional governor;

    36. When on the space for regional governor is written the name, surname or nickname of an independent candidate for regional governor and the space for regional vice-governor is left blank, the vote shall be counted in favor of the independent candidate for regional governor written on the ballot. No vote shall be given to any candidate for regional vice-governor.

ARTICLE VII
PREPARATION AND SAFEKEEPING OF ELECTION RETURNS
AND OTHER ELECTION FORMS AND PARAPHERNALIA

SEC. 48. Preparation of election returns and tally board. – The boards of election inspectors shall prepare in their own handwriting the election returns and tally board simultaneously with the counting of the votes for their respective precincts.

Before the actual counting of votes, the chairman shall record in the election returns the following data:

    1. Date of the election; the precinct number, barangay, city/municipality and province in which the election is held;

    2. Total number of:

      1. Ballots received

      2. Registered voters in the precinct;

      3. Voters included by order of the court;

      4. Voters excluded by order of the court;

      5. Voters who actually voted;

      6. Ballots found in the compartment for valid ballots;

      7. Valid ballots withdrawn from the compartment for spoiled ballots because they were erroneously placed therein;

      8. Spoiled ballots;

      9. Excess ballots;

      10. Ballots found folded together; and

      11. Marked ballots.

As the chairman reads the ballots, the poll clerk and the third member shall record simultaneously in the election returns and in the tally board, respectively, the following:

    1. Votes obtained by each candidate recorded by a vertical line, except for every fifth vote which shall be recorded by a diagonal line crossing the previous four vertical lines; and

    2. Sub-total of votes obtained by each candidate after each pile of 100 ballots read.

After all the ballots have been read:

    1. The members of the board of election inspectors shall affix their initials immediately after the last vote recorded or immediately after the name of the candidate who did not receive any vote;

    2. The poll clerk and the third member shall record the total number of votes obtained by each candidate in words and figures;

    3. The watchers if any, shall affix their signatures and imprint their thumbmarks on the space provided for in the election returns and tally board;

    4. The members of the board of election inspectors shall accomplish the certification portion of the election returns and tally board;

    5. The board of election inspectors shall ensure that the entries on the first copy of the election returns are clearly impressed on the other copies.

SEC. 49. Announcement of the result of the election. – Upon the completion of the election returns, the chairman shall publicly announce the total number of votes received by each candidate stating their corresponding offices.

SEC. 50. Distribution of election returns.– Immediately after the announcement of results, each copy of the accomplished election returns shall be folded, sealed with a serially numbered paper seal and placed in its corresponding envelope to be distributed as follows:

    1. The first copy, to the Provincial Board of Canvassers;

    2. The second copy, to the Regional Board of Canvassers;

    3. The third copy, to the Commission;

    4. The fourth copy, to the citizens arm authorized by the Commission to conduct an unofficial count;

    5. The fifth copy, to the dominant majority party presenting candidate in this election as determined by the Commission;

    6. The sixth copy, to the dominant minority party presenting candidate in this election as determined by the Commission;

    7. The seventh copy, to be deposited inside the ballot box.

The board of election inspectors shall issue Certificate of Votes Received by Candidates (CE Form 13) upon request of the candidates or their duly accredited watchers. The certificate shall be signed and thumbmarked by each member of the board of election inspectors and shall contain:

    1. The total number of votes obtained by a candidate, written in words and in figures;

    2. The precinct number;

    3. The name of the city or municipality and province;

    4. The total number of voters who voted in the precinct; and

    5. The date and time of its issuance.

The board of election inspectors shall require the requesting watcher to acknowledge receipt hereof.

The refusal of the chairman and members of the board of election inspectors to furnish said certificate shall constitute an election offense.

SEC. 51. Amendment and correction in the election returns. – Before the announcement of the results of the election in the precinct, the board of election inspectors may, on its own, make any amendment or correction in the election returns and tally board provided the amendments or corrections are duly initialed by all the members thereof.

After announcement of the results of the election in the precinct, the board of election inspectors shall not make any amendment or correction in any of the copies of the election returns, unless so ordered by the Commission upon petition of all or the majority of the members of the board of election inspectors within five (5) days from the date of the election or twenty-four (24) hours from the time a copy of the election returns concerned is opened by the board of election inspectors, whichever is earlier. The petition shall be accompanied by proof of service upon all candidates affected. If the petition is filed by all members of the board of election inspectors and the results of the election would not be affected by said correction and none of the candidates affected objects thereto, the Commission, upon being satisfied of the veracity of the petition and of the error alleged therein, shall order the board of election inspectors to make the proper correction on the election returns.

However, if a candidate affected by said petition objects thereto, whether the petition is filed by all or only a majority of the members of the board of election inspectors and the result of the election would be affected by the correction sought to be made, the Commission shall proceed summarily to hear the petition. If it finds the petition meritorious and there is no evidence or sign indicating that the identity and integrity of the ballot box have been violated, the Commission shall order the opening of the ballot box. After satisfying itself that the integrity of the ballots therein has also been duly preserved, the Commission shall order the recounting of the votes of the candidates affected and the proper corrections made on the election returns, unless the correction sought is such that it can be made without the need of opening the ballot box.

SEC. 52. Disposition of ballot boxes, keys, election returns and other documents. – Upon the termination of the counting of votes and the announcement of the results of the election in the precinct, the board of election inspectors shall:

    1. Give the copies of the election returns intended for the dominant majority party, dominant minority party and the citizens’ arm authorized by the Commission to conduct an unofficial count, to their respective representatives, if any, who have been authorized by said parties and organizations to receive such copies. If there is no such authorized representative in the counting center, the board of election inspectors shall submit said copies to the Special Action Officer duly assisted by the Election Officer.

    2. Place the following inside the compartment of the ballot box for valid ballots:

      1. Envelopes containing:

        1. Counted official ballots;

        2. Copy of Election Returns intended for the ballot box;

        3. Copy of the Minutes of Voting and Counting of Votes intended for the ballot box;

        4. Half of torn unused ballots;

        5. Marked ballots;

        6. Spoiled ballots; and

        7. Excess ballots.

      2. Tally board; and

      3. Stubs of used pads of official ballots.

    3. Close the inner compartments of the ballot box, lock them with one (1) self-locking serially numbered fixed length seal. Close the ballot box and lock the outer cover with three (3) padlocks and one (1) self-locking serially numbered fixed length seal. The three (3) keys to the padlocks shall be placed in separate envelopes, which shall be sealed and signed by all members of the board of election inspectors;

    4. Deliver the ballot box, accompanied by watchers, to the city or municipal treasurer.

      For this purpose, the city/municipal treasurer shall provide at the counting center the necessary facilities for said delivery at the expense of the city/municipality.

      In case the ballot box delivered by the board of election inspectors is not locked and/or sealed, the treasurer shall lock and/or seal the ballot box. The treasurer shall include such fact, including the serial number of the self-locking serially numbered fixed length seal used, in his report to the Commission.

    5. Deliver to the Election Officer:

      1. Book of Voters;

      2. EDCVL;

      3. PCVL;