Article 117p. 117

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

the protested precincts and the number of the recount

committees shall be set.

(b) The recount of the ballots in the remaining contested

precincts

shall

not

commence

until

the

Division

concerned shall have made a determination on the merit

of the protest based on the results of the recount of the

votes on the ballots from the pilot protested precincts

and the review of other documentary exhibits which the

protestant may submit. The documentary exhibits may

be submitted by the protestant within a non-extendible

period of ten (10) days from the completion of the

recount of the pilot protested precincts.

Based on the above determination, the Division may

dismiss the protest, without further proceedings, if no

reasonable recovery could be established from the pilot

protested precincts. Otherwise, the recount of the ballots

in the remaining protested precincts shall proceed. The

recount

of

the

pilot

counter-protested

precincts

if

substantial recovery is likewise established by the counter

protestant, shall then follow. For this purpose, there is

substantial recovery when the protestant or counter

protestant is able to recover at least 20% of the overall

vote lead of the protestee or counter protestee.

However, the above-mentioned procedure shall not be

applicable in case the protestant avails the option of

reading/appreciation

of

the

rejected

ballots

only

pertaining to the entire protested or counter-protested

precincts under Section 4(e) of Rule 13.

(c) At the appointed place and day, the Recount

Committee/s

shall

convene

and

the

ballot

boxes

containing

the

ballots

from

the

designated

pilot

precincts, the data storage device used in said precincts,

as well as the machine or any device that can be used to

authenticate the genuineness of the ballots shall be

brought to the venue of the recount.

(d)

The

different

Recount

Committees

will

be

provided with an adequate workspace with tables and

chairs that would enable them to perform the recount.

(e) Before the opening of the ballot box, the Recount

Committee shall note its condition as well as that of the

locks or locking mechanism and record the condition in

the recount report. From its observation, the Recount

Committee

must

also

make

a

determination

as

to

whether

the

integrity

of

the

ballot

box

has

been

preserved.

In the event that there are signs of tampering or if the

ballot

box appears to have been compromised, the

Recount Committee shall still proceed to open the ballot

box and make a physical inventory of the contents

thereof. The committee shall, however, record its general

observation of the ballots and other documents found in

the ballot box.

(f) Prior to the actual conduct of the recount of the

votes, the Recount Committee must authenticate each

and every ballot to make sure that they are genuine. The

authentication shall be through the use of PCOS machine

or through any other device capable of performing the

desired authentication requirement through the use of

the bar codes and the ultra-violet ray code detection

mechanism,

at

the

option

of

the

Commission. The

Recount Committee shall also check the ballot ID and the

clustered precinct number indicated in each ballot.

(g) Only when the Recount Committee, through its

chairman, determines that the integrity of the ballots has

been preserved or that no signs of tampering of the

ballots are present, will the recount proceed. In case there

are signs that the ballots contained therein are tampered,

compromised, wet or are otherwise in such a condition

that it could not be recounted, the Recount Committee

shall follow paragraph (l) of this rule.

(h) The ballot box shall then be opened, and the

ballots taken out. The Recount Committee shall then

segregate, classify and count the ballots as:

1.

ballots for the protestant

a.

including ballots with identifying marks

2.

ballots for the protestee

a.

including ballots with identifying marks

3.

ballots for other candidate/s

4.

stray ballots

5.

ballots with voting marks

Stray ballots refer to ballots with two or more shades

or without any shade in the contested position. Marked

ballots refer to those ballots containing marks outside the

ovals, which marks could either be identifying marks or

voting marks. Voting marks are markings placed beside

the ovals that may appear to show the intent of the voter

to vote for a party, while identifying marks are those

intentionally placed to identify the ballot or the voter.

Ballots containing voting marks may be subject to claims,

while those with identifying marks to objections.

Thereafter, the rejected ballots shall be physically

counted.

(i) After segregating and counting the ballots, those

classified as STRAY, MARKED or REJECTED will be given

to the parties revisors for viewing, objections and claims.

All other ballots are not subject to objections or claims by

the parties.

(j) There shall be a tally sheet for multi-slot positions

of such number of copies depending on the number of

the parties, that will be used for the tallying of the votes

as they are counted, through the use of tara or sticks.

(k) Handwritten comments, objections and claims

shall be submitted immediately after the recount of every

clustered precinct and included in the recount report as

well as those other documents in the ballot box that may

be marked as exhibits for any of the party.

(l) In the event the protestant waives the recount of

the paper ballots and resort to the decryption and

recount of the ballot images and reading/appreciation of

the rejected ballots under Section 4(e) of Rule 13 , or

whenever the Division concerned determines that the

integrity of the ballots has been violated or has not been

preserved, or are wet and otherwise in such a condition

that it cannot be recounted, the Clerk of the Division

concerned shall request from the Election Records and

Statistics Department (ERSD), the printing of the images

of the ballots of the subject precinct stored in the CF card

used in the May 13, 2013 elections in the presence of the

parties. Printing of the ballot images shall proceed only

upon prior authentication and certification by a duly

authorized

personnel

of

the

Election

Records

and

Statistics Department (ERSD) that the data or the images

to be printed are genuine and are not tampered.

(m) Appreciating the validity of the votes credited for

any party shall be done by the Commission making use of

but not limited to the ballot images stored in the original

Compact Flash Cards used in the May 10, 2010 Automated

National and Local Elections, and not by the Recount

Committee. The rules on appreciation of ballots under

Section 211 of the Omnibus Election Code shall apply

suppletorily when appropriate.

(as amended by COMELEC Resolution No. 9164, 9720)

Section 7. Preparation and submission of recount

report. — The members of the Recount Committee shall

accomplish a report on the result of their recount in every

pilot clustered precinct, the ballot box contents of which

underwent their examinations, in an official form which

shall be made available prior to the recount and shall

contain the following information:

1.

The precinct number;

2.

The date, place and time of recount;

3.

The

condition

and

serial

numbers

of

the

following:

1.

Ballot boxes;

2.

Locks;

© Compiled by RGL

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