Article 118p. 118

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

3.

Data storage device

4.

The votes of the parties per physical count of the

paper ballots;

5.

The votes of the parties per ballot box copy of the

election returns;

6.

The number of ballots questioned by the parties

indicating therein the exhibit numbers;

7.

The number of torn, unused and stray ballots;

8.

The

entries

in

the

Minutes

of

Voting

and

Counting, particularly:

1.

The number of registered voters;

2.

The number of voters who actually voted;

3.

The number of official ballots together with their

serial numbers used in the election;

4.

The number of ballots actually used indicating

the serial numbers of the ballots; and

5.

The unused ballots together with their serial

numbers.

In

accomplishing

the

Recount

Report,

writings

should be legible and all data should be completely filled

up by the Recount Committee. The per-precinct recount

report shall also be signed and certified to by the

Chairman

of

the

Recount

Committee

and

the

representatives of the parties. The duly accomplished

handwritten

Revision

Report

shall

form part of the

records of the case and shall be considered as the original

Commissions copy, which the parties may photocopy at

their expense. The tally sheet used for the recount, in case

of multi-slot positions, shall be attached to the report.

In addition to the per-precinct recount report, the

Recount Committee shall prepare and submit to the

Division

concerned

within

three

(3)

days

from

the

termination of the recount of the pilot precincts for

post-recount determination of merit of the protest case, a

committee report summarizing the data, votes, questions

on the ballots, significant observations made in the

recount

of

ballots

in the designated pilot clustered

precincts, and handwritten comments and objections of

parties. The same procedure shall apply should the

Division concerned decide to continue the recount in the

remaining contested clustered precincts.

Each party furnished with a copy of the committee

report may submit their comments thereon within a

non-extendible period of three (3) days from notice. (as

amended by COMELEC Resolution No. 9164)

Section 8. Inquiry as to security markings and vital

information relative to ballots and election documents.

— When a recount of ballots is ordered, and for the

guidance of the members of the Recount Committees,

the Commission shall give advice and instructions to the

committee on the security markings on the ballots and

election

document.

The

commission

shall

likewise

designate a technical person who shall assist the Recount

Committee in authenticating electronic documents if

needed, as well as in transforming the same to a form

that can make them observable to the Committee.

Rule 16 (17a) Photocopying of Ballots/Printing of Ballot

Images/Augmentation of Cash Deposit

Section 1. Photocopying simultaneous with recount.

— On motion of a party, the Commission may allow the

photocopying or reproduction of the ballots claimed

and/or objected by the parties, minutes of voting, election

returns

and

audit

logs.

The

photocopying

or

reproduction,

if

allowed,

must

start

at

the

commencement of recount and, as far as practicable,

must be completed simultaneously with the termination

of recount.

Section 2. Where conducted. — Photocopying of

ballots and other documents, and the printing of ballot

images

shall

be

done

within

the

premises

of

the

Commission, or at or near the area where the recount is

conducted, and shall be under the supervision of the

Over-all Chairman of the Recount Committee or his duly

authorized

representative.

The party concerned shall

provide an efficient photocopying unit and shall bear all

the expenses relative thereto.

Section 3.Printing of Ballot Images. — In case the

parties deem it necessary, they may file a motion to be

approved by the Division of the Commission requesting

for the printing of ballot images in addition to those

mentioned in the second paragraph of item (e). Parties

concerned shall provide the necessary materials in the

printing of images such as but not limited to copying

papers, toners and printers. Parties may also secure, upon

prior approval by the Division of the Commission, a soft

copy of the ballot images contained in a secured/hashed

disc on the condition that the ballot images be first

printed, at the expense of the requesting party, and that

the printed copies be signed by the parties respective

revisors or representatives and by an ERSD IT-capable

representative and deposited with the Commission.

The

Over-all

chairman

shall coordinate with the

Director IV, Election Records and Statistics Department

(ERSD), for the printing of images. Said director shall in

turn designate a personnel who will be responsible in the

printing of ballot images.

Section 4. Augmentation of Cash Deposit. — The

parties will be directed to augment their cash deposit for

the

payment

of

the

electricity

consumed

in

the

photocopying and/or printing of images, for the use of

the system anent the printing of ballot images or in case

the expenses for the sealing and retrieval of ballot boxes

are taken from the cash deposit. Parties requesting for

the photocopying of ballots and printing of images shall

be

required

to

make

a

deposit

before

the

commencement of the recount proceedings at such

amount as may be ordered.

(as amended by COMELEC Resolution No. 9164)

Rule 17 (18a) Presentation of Evidence

Section 1. Presentation and reception of evidence;

order of hearing. — The reception of evidence on all

matters

or

issues

raised

in

the

protect

and

counter-protests shall be presented and offered in a

hearing upon completion of (a) the recount of ballots, or

re-tabulation of election documents, or (b) the technical

examination, if warranted.

Reception of evidence shall be made in accordance

with the following order of hearing:

a) The Protestant shall present evidence in support of

the protest;

b)

The protestee shall then adduce evidence in

support of the defense, counterclaim or counter-protest,

if any;

c) The parties may then respectively offer rebutting

evidence only, unless the Commission for good reasons,

in the furtherance of justice, permits them to offer

evidence upon their original case; and

d) No sur-rebuttal evidence shall be allowed.

In

offering

testimonial

evidence,

the

party

shall

require the proposed witness to execute an affidavit

which shall be considered as the direct testimony, subject

to

the

right

of

the

adverse

party

to

object to its

inadmissible portions and to orally cross-examine the

witness.

The

affidavit

shall

be

based

on

personal

knowledge, shall set forth facts as would be admissible in

evidence, and shall show affirmatively that the affiant is

competent to testify on the matters stated therein. The

affidavit shall be in question and answer form. The

affidavit shall be submitted to the Commission and

served on the adverse party at least three days before the

hearing. Failure to submit the affidavit of a witness within

the specified time shall constitute a waiver of the party's

right to present testimonial evidence.

© Compiled by RGL

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