Article 100p. 100

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

Commission. 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

objections, which shall be attached to the form for written

objections. With the same period of twenty-four 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 Commission, attaching

thereto supporting evidence, if any. The Board 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 Board by the

Chairman

of

the

board

of

canvassers

affixing

his

signature at the back of each and every page thereof.

(e) Upon receipt of the evidence, the Board shall take

up the contested returns, consider the written objections

thereto

and

opposition,

if

any,

and

summarily

and

immediately rule thereon. The Board shall enter its ruling

on the prescribed form and authenticate the same by the

signature of its members.

(f) Any party adversely affected by the ruling of the

Board shall immediately inform the Board if he intends to

appeal said ruling. The Board shall enter said information

in the Minutes of Canvass, set aside the returns and

proceed to consider the other returns.

(g)

After all the uncontested returns have been

canvassed and the contested returns ruled upon by it, the

Board shall suspend the canvass. Within forty-eight (48)

hours therefrom, any party adversely affected by the

ruling may file with the Board a written and verified

Notice to Appeal; and within an inextendible period of

five (5) days thereafter, an appeal may be taken to the

Commission.

Immediately upon receipt of the Notice of Appeal, the

Board

shall

make

an

appropriate

report

to

the

Commission, elevating therewith the complete records

and evidence submitted in the canvass, furnishing the

parties with the copies of the report.

(h) On the basis of the records and evidence elevated

to it by the Board, the Commission en banc shall decide

summarily the appeal within seven (7) days from the

receipt of said records and evidence. Any appeal brought

before the Commission on the ruling of the Board,

without

the

accomplished

forms

and

the

evidence

appended thereto, shall be summarily dismissed.

The decision of the Commission en banc shall be

executory after the lapse of seven (7) days from receipt

thereof by the boards of canvassers concerned.

(i) The board of canvassers shall not proclaim any

candidate

as

winner

unless

authorized

by

the

Commission in writing after the later shall have ruled on

the objections brought to it on appeal by the aggrieved

party. Any proclamation in violation hereof shall be void

ab initio, unless the contested returns will not adversely

affect the uncontested results of the elections.

(j) If in the course of the canvass the boards' copy of

the

election

returns

is missing, the board shall, by

messenger or otherwise obtain such missing returns

from the board of election inspectors concerned, or if said

returns

have

been

lost

or

destroyed,

the

board

of

canvassers, upon prior authority of the Commission, may

use any of the authentic copies of said election returns or

a certified true copy of said election returns issued by the

Commission.

(k) If it clearly appears that some requisites in form or

data had been omitted in the election returns, the Board

of Canvassers shall call for all the members of the board

of election inspectors concerned by the most expeditious

means, for said board to effect the correction: provided

that in case the omission in the election return is that of

the name of any candidate and/or his corresponding

votes, the board of canvassers shall require the board of

election inspectors concerned to complete the necessary

data in the election returns and affix therein their initials:

Provided, further, that if the votes omitted in the returns

cannot

be

ascertained

by

other

means

except

by

recounting

the

votes,

the board of canvassers shall

immediately make a report thereon to the Commission

and the latter, after satisfying itself that the identity and

integrity of the ballot box have not been violated, shall

order the board of election inspectors to open the ballot

box, and, also after satisfying itself that the integrity of the

ballots therein has been duly preserved, order the board

of

election

inspectors

to

count

the

votes

for

the

candidates whose votes have been omitted with notice

thereof to all candidates for the position involved and

thereafter complete the returns.

(l) When the board of canvassers determines that the

election returns submitted to it appear to be tampered

with, altered or falsified after they have left the hands of

the board of inspectors, or otherwise not authentic or

were prepared by the board of election inspectors under

duress, force, or intimidation, or prepared by persons

other

than

the

members

of

the

board

of election

inspectors, the board of canvassers shall use the other

copies of said election returns, and if necessary, the copy

inside the ballot box which, upon prior authority of the

Commission, may be retrieve. If the other copies of the

returns are likewise tampered with, altered, falsified, not

authentic, prepared under duress, force, intimidation, or

prepared by persons other than the members of the

board of election inspectors, the board of canvassers shall

immediately bring the matter to the attention of the

Commission. The Commission shall then, after giving

notice to all candidates concerned and after satisfying

itself that nothing in the ballot box indicates that its

identity

and integrity have been violated, order the

opening of the ballot box and, likewise after satisfying

itself that the integrity of the ballots therein has been

duly

preserved,

shall

order

the

board

of inspectors

concerned

to

recount

the

votes

of

the

candidates

affected and when proper, to prepare a new return which

shall then be used by the board of canvassers as basis of

the canvass.

(m) In case it appears to the board of canvassers that

there exists discrepancies in the other authentic copies of

the election returns from a precinct or discrepancies in

the votes of any candidate in words and figures in the

same returns, and in either case the difference affects the

results of the election, the Commission, upon motion of

the board of canvassers or any candidate affected and

after

due

notice

to

all

candidates

concerned,

shall

proceed summarily to determine whether the integrity of

the ballot box had been preserved, and once satisfied

thereof shall order the opening of the ballot box to

recount the votes cast in the precinct solely for the

purpose of determining the true result of the count of

votes of the candidates concerned.

(n) When the evidence submitted to the board of

canvassers indicate a failure of elections in a precinct or

precincts and the number of registered voters therein

would affect the final result of the election, the board of

canvassers shall bring the matter to the attention of the

Commission. Until this issue is resolved the board of

canvassers

shall

suspend

the

proclamation

of

any

candidate.

Section

10.

Appeals

from

Rulings

of

Board of

Canvassers. — (a) A party aggrieved by a ruling of the

Board of Canvassers shall, within forty-eight hours from

receipt of a copy of the ruling of the Board of Canvassers,

file with the Board a written and verified Notice of Appeal;

and within an inextendible period of five (5) days, he shall

file his appeal to the Commission.

Upon receipt of the appeal, the Commission en banc

shall immediately determine whether the issues related

therein

are

grounds

proper

for

pre-proclamation

controversy. If the issues raised are not among the

grounds enumerated under Sec. 3 of this Rule, the same

shall be dismissed, otherwise it shall be raffled to any of

the two (2) divisions of the Commission which shall

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