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OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES
Section 132. Preservation of voter's affidavits. — A
copy of the affidavit of each voter shall be kept by the
board of election inspectors until after the election when
it shall deliver the same to the election registrar together
with the copies of the list of voters and other election
papers for use in the next election. The election registrar
shall
compile
the
voter's
affidavits
by
precinct
alphabetically in a book of voters. The other two copies
shall be sent by the board of election inspectors on the
day following the date of the affidavit to the office of the
provincial election supervisor and the Commission in
Manila.
The
provincial
election
supervisor
and
the
Commission
shall
respectively
file
and
preserve the
voter's
affidavits
by
city
and
municipality
and
in
alphabetical order of their surnames. The fourth copy
shall be given to the voter as evidence of his registration.
Section 133. Columns in the list of voters. — The list
of voters shall be arranged in columns as follows: In the
first column there shall be entered, at the time of closing
of the list before the election, a number opposite the
name of each voter registered, beginning with number
one and continuing in consecutive order until the end of
the list. In the second column, the surnames of the
registered voters shall be written in alphabetical order
followed
by
their
respective
first
names,
without
abbreviations of any kind. In the third column, the
respective residences of such persons with the name of
the street and number, or, in case there be none, a brief
description of the locality or place. In the fourth column,
shall
be
entered
the
periods
of
residence
in
the
Philippines and in the city or municipality. In the fifth
column, there shall be entered on the day of the election
the numbers of the ballots which were given successively
to each voter. In the sixth column, the voter shall stamp
on the day of the election the mark of the thumb of his
right hand and under said mark his signature. And in the
seventh column, the signature of the chairman of the
board of election inspectors who has handed the ballot to
the voter. It will be sufficient that the fifth, sixth, and
seventh columns shall be filled in the copy of the list
under the custody of the board of election inspectors
which shall see to it that the thumbmark is stamped
plainly.
Section 134. Certificate of the board of election
inspectors in the list of voters. — Upon the adjournment
of each meeting for the registration of voters, the board of
election inspectors shall close each alphabetical group of
surnames of voters by writing the dates on the next line
in
blank,
which
shall
be
forthwith
signed
by each
member, and, before adding a new name on the same
page at the next meeting, it shall write the following:
"Added at the _ _ _ meeting" specifying if it is the second
third or fourth meeting of the board, as the case may be.
If
the
meeting
adjourned
is
the
last
one
for
the
registration of voters, the board shall, besides closing
each alphabetical group of voters as above provided, add
at the end of the list a certificate (a) of the corrections and
cancellations made in the permanent list, specifying
them, or that there has been none, and (b) of the total
number of voters registered in the precinct.
Section 135. Publication of the list. — At the first
hour
of
the
working
day following the last day of
registration of voters, the poll clerk shall deliver to the
election registrar a copy of the list certified to by the
board of election inspectors as provided in the preceding
section; another copy, also certified, shall be sent to the
provincial
election
supervisor
of
the
province,
and
another,
likewise
certified,
shall
be
sent
to
the
Commission, in whose offices said copies shall be open to
public inspection during regular office hours. On the
same day and hour, the poll clerk shall also post a copy of
the list in the polling place in a secure place on the door
or near the same at a height of a meter and a half, where
it
may
be conveniently consulted by the interested
parties. The chairman, poll clerk and the two members of
the board of election inspectors shall each keep a copy of
the list which may be inspected by the public in their
residence
or
office
during
regular
office
hours.
Immediately after the meeting for the closing of the list,
the poll clerk shall also send a notice to the election
registrar,
provincial
election
supervisor
and
the
Commission regarding the changes and the numbering
above referred to, to be attached to the copy of the list
under their custody.
Section 136. Challenge of right to register. — Any
person
applying
for
registration
may be challenged
before
the
board
of
election
inspectors
on
any
registration day be any member, voter, candidate, or
watcher. The board shall then examine the challenged
person and shall receive such other evidence as it may
deem pertinent, after which it shall decide whether the
elector shall be included in or excluded from the list as
may be proper. All challenges shall be heard and decided
without delay, and in no case beyond three days from the
date the challenge was made.
After the question has been decided, the board of
election
inspectors
shall
give
to each party a brief
certified statement setting forth the challenge and the
decision thereon.
Section
137.
Power
of
the
board
of
election
inspectors to administer oaths and issue summons. —
For the purpose of determining the right of applicants to
be registered as voters in the list, the board of election
inspectors shall have the same power to administer oaths,
to issue subpoena and subpoena duces tecum and to
compel witnesses to appear and testify, but the latter's
fees and expenses
incident to the process shall be paid in advance by
the party in whose behalf the summons is issued.
Section 138. Jurisdiction in inclusion and exclusion
cases. — The municipal and metropolitan trial courts
shall have original and exclusive jurisdiction over all
matters of inclusion and exclusion of voters from the list
in their respective municipalities or cities. Decisions of the
municipal or metropolitan trial courts may be appealed
directly by the aggrieved party to the proper regional trial
court within five days from receipt of notice thereof,
otherwise said decision of the municipal or metropolitan
trial court shall become final and executory after said
period. The regional trial court shall decide the appeal
within ten days from the time the appeal was received
and its decision shall be immediately final and executory.
No motion for reconsideration shall be entertained by the
courts.
Section 139. Petition for inclusion of voters in the
list. — Any person whose application for registration has
been disapproved by the board of election inspectors or
whose name has been stricken out from the list may
apply, within twenty days after the last registration day, to
the proper municipal or metropolitan trial court, for an
order directing the board of election inspectors to include
or reinstate his name in the list, together with the
certificate of the board of election inspectors regarding
his case and proof of service of notice of his petition upon
a member of the board of election inspectors with
indication of the time, place, and court before which the
petition is to be heard.
Section 140. Voters excluded through inadvertence
or registered with an erroneous or misspelled name. —
Any voter registered in the permanent list who has not
been included in the list prepared for the election or who
has been included therein with a wrong or misspelled
name shall have the right to file an application on any
date with the proper municipal or metropolitan trial
court, for an order directing that his name be reinstated
in the list or that he be registered with his correct name.
He shall attach to such application a certified copy of the
entry of his name in the list of the preceding election,
together with proof that he has applied without success
to the board of election inspectors and that he has served
notice thereof upon a member of the board.
Section 141. Change of name of registered voter. —
Any previously registered voter whose name has been
changed by reason of marriage or by virtue of a court
© Compiled by RGL
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