Article 110p. 110

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

shall be immediately remitted to the University of the

Philippines.

PART IX CONCLUDING PROVISIONS

Rule 41 — Supplementary Rules

Section 1. The Rules of Court. — In the absence of any

applicable

provisions

in

these

Rules,

the

pertinent

provisions of the Rules of Court in the Philippines shall be

applicable by analogy or in suppletory character and

effect.

Rule 42 — Repealing Clause and Effectivity

Section 1. Repealing Clause. — All resolutions, rules,

regulations

or

circulars of the Commission or parts

thereof which are inconsistent with any provision of these

Rules

are

hereby

deemed

repealed

or

modified

accordingly.

Section 2. Transitory Provision. — These rules shall

govern all cases brought after they take effect and also

further proceedings in cases than pending, except to the

extent that in the opinion of the Commission or the court

in appropriate cases, an application would not be feasible

or would work injustice, in which event the former

procedure shall apply.

Section 3. Separability Clause . — If any part of these

Rules is declared unconstitutional, the remaining part not

affected thereby shall remain valid and effective.

Section

4.

Effectivity .

—

These

Rules

shall

be

published in the Official Gazette or in two (2) daily

newspapers of general circulation and shall take effect on

the seventh day following its publication.

Approved: February 15, 1993

The Comelec Rules of Procedure on

Disputes in an Automated Election

System

IN

RE:

COMELEC

RULES

OF

PROCEDURE

ON

DISPUTES IN AN AUTOMATED ELECTION SYSTEM IN

CONNECTION WITH THE MAY 10, 2010 ELECTIONS

RESOLUTION No. 8804 March 22, 2010

As amended by:

COMELEC Resolution No. 9164, Mar 16, 2011,

COMELEC Resolution No. 9720, June 20, 2013

PART I INTRODUCTORY PROVISIONS

Rule 1 Preliminary Provisions

Section 1. Title of the Rules. — These rules shall be

known and called as The Comelec Rules of Procedure on

Disputes in an Automated Election System.

Section 2. Applicability. — These rules shall apply to

election disputes under the Automated Election System

(AES) using the Precinct Count Optical Scan (PCOS) and

shall cover pre-proclamation controversies and election

protests.

Section 3. — Objective. — The objective of these

Rules is to afford accessible and effective remedy to

address complaints on the conduct of elections relative to

the use of PCOS AES in order to make the election

process credible and the results thereof acceptable to the

people.

Section 3. Application of the Rules of Court and

other related rules. — The Commission on Elections

(COMELEC) Rules of Procedure, the Rules of Court, and

the Rules on Electronic Evidence shall apply by analogy,

or in a suppletory character, and whenever necessary,

practicable, and convenient.

Section 4. Suspension of the Rules. — In the interest

of justice and in order to obtain speedy disposition of all

matters pending before it, these Rules or any portion

thereof, may be suspended by the COMELEC.

Rule 2 Definition of Terms

Section 1. Meaning of Words. — Whenever used in

these Rules, the following words or terms shall mean:

a) Commission shall refer either to the Commission

en banc or to any of its two Divisions, unless otherwise

indicated.

b) Automated Election System or AES refers to an

election system using appropriate technology, in voting,

counting,

consolidating,

canvassing,

transmission

of

election results, and other electoral processes.

c) Precinct shall refer to the unit or territory for the

purpose of voting. For purposes of AES, it pertains to

clustered precincts;

d) Official ballot refers to the paper ballot with the

pre-printed

names

of all candidates and with ovals

corresponding to each of the names printed. The ovals

are the spaces where voters express their choice through

marking or shading using a marking pen.

e) Picture Image of the Ballot refers to the image of

the ballot captured by the PCOS machine at the time the

voter feeds his/her ballots, which image is later stored in a

memory or removable data storage device attached to

the PCOS machines.

f) Election Returns refers to the document showing

the data of the election, the province, city, municipality

and the precinct in which it is held, and the votes in

figures for each candidate in a precinct or clustered

precincts.

g) Electronic Election Returns refers to the copy of

the election return in electronic form generated by the

PCOS machine that is electronically transmitted to the

Municipal or City Board of Canvassers for the official

canvass, to the COMELEC Back-Up Server, and to the

Server for the dominant majority and dominant minority

parties, the citizens' arm authorized by the COMELEC to

conduct a parallel count, and the Kapisanan ng mga

Brodkasters sa Pilipinas or KBP;

h) Printed Election Returns refers to the copy of the

election returns printed by the PCOS machine on a paper,

and

authenticated

by

the

manual

signatures

and

thumbmarks of the members of the Board of Election

Inspectors (BEI).

i)

Electronic

Transmission

refers

to

the

act

of

conveying data in electronic form from one location to

the other.

j) Canvass Proceedings refers to the proceedings that

involve the consolidation of precinct election results at

the municipal, city of district level; district election results

at the municipal or city level; municipal or city election

results at the provincial level; and provincial election

results at the national level, be it the COMELEC or

Congress. It also include the formal proclamation of the

election winners at the various canvass levels.

k) Consolidation Machine refers to the machine used

at

the

canvass

proceedings

to

consolidate

precinct

results, municipal and city results, provincial results, as

the case may be, for purposes of getting the total votes of

all candidates at a particular canvass level.

l) Statement of Votes by Precinct, Municipality, City,

District, Province, or Overseas Absentee Voting (OAV)

Station refers to a document in electronic and in printed

form

generated

by

the

canvassing

or

consolidating

machines or computers during the canvass proceedings.

This document records the votes obtained by candidates

in each precinct, municipality, city, district, province, or

OAV Station, as the case may be.

© Compiled by RGL

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