Article 23p. 23

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

Section 172. Proceedings of the board of election

inspectors. — The meetings of the board of election

inspectors shall be public and shall be held only in the

polling place authorized by the Commission.

The

board

of

election

inspectors

shall have full

authority to maintain order within the polling place and

its

premises,

to

keep

access

thereto

open

and

unobstructed, and to enforce obedience to its lawful

orders. If any person shall refuse to obey lawful orders of

the board of election inspectors, or shall conduct himself

in a disorderly manner in its presence or within its

hearing and thereby interrupt or disturb its proceedings,

the board of election inspectors may issue an order in

writing directing any peace officer to take such person

into custody until the adjournment of the meeting, but

such order shall not be executed as to prevent any person

so taken into custody from exercising his right to vote.

Such order shall be executed by any peace officer to

whom it may be delivered, but if none be present, by any

other

person

deputized

by

the

board

of

election

inspectors in writing.

Section 173. Prohibition of political activity. — No

member of the board of election inspectors shall engage

in any partisan political activity or take part in the election

except to discharge his duties as such and to vote.

Section 174. Functioning of the board of election

inspectors. — The board of election inspectors shall act

through its chairman, and shall decide without delay by

majority

vote

all

questions

which may arise in the

performance of its duties.

Section 175. Temporary vacancies. — If, at the time

of the meeting of the board of election inspectors, any

member is absent, or the office is still vacant, the

members present shall call upon the substitute or the

absent members to perform the duties of the latter; and,

in case such substitute cannot be found, the members

present shall appoint any non-partisan registered voter of

the polling place to temporarily fill said vacancy until the

absent member appears or the vacancy is filled. In case

there are two or more members present, they shall act

jointly: Provided, That if the absent member is one who

has been proposed by an accredited political party, the

representative of said political party or in his absence the

watchers

belonging

to

said

party shall designate a

registered voter of the polling place to temporarily fill said

vacancy: Provided, further, That in the event or refusal or

failure of either representative or watchers of said political

party to make the designation, the members of the board

of election inspectors present shall choose a non-partisan

registered voter of the polling place to fill the vacancy.

Section 176. Temporary designation of members of

the board of election inspectors by watchers. — If at the

time the board of election inspectors must meet, all the

positions in the board of election inspectors are vacant, or

if not one of the appointed members shall appear, the

watchers present may designate voters of the polling

place to act in the place of said members until the

absentees shall appear or the vacancies are filled.

Section

177. Arrest of absent members. — The

member or members of the board of election inspectors

present may order the arrest of any other member or

substitute thereof, who in their judgment, has absented

himself with intention of obstructing the performance of

duties of the board of election inspectors.

ARTICLE XV WATCHERS

Section 178. Official watchers of candidates. —

Every

registered

political

party,

coalition

of

political

parties and every independent candidate shall each be

entitled to one watcher in every polling place.

No person shall be appointed watcher unless he is a

qualified

voter

of

the

city

or municipality, of good

reputation and shall not have been convicted by final

judgment of any election offense or of any other crime,

must know how to read and write Pilipino, English,

Spanish or any of the prevailing local dialects, and not

related within the fourth civil degree of consanguinity or

affinity to the chairman or any member of the board of

election inspectors in the polling place where he seeks

appointment as a watcher.

Each candidate, political party or coalition of political

parties shall designate in every province, highly urbanized

city

or

district

in

the

Metropolitan

Manila

area,

a

representative authorized to appoint watchers, furnishing

the provincial election supervisor or the city election

registrar,

as

the

case

may

be,

the names of such

representatives. The provincial election supervisors shall

furnish the municipal election registrars and election

registrars of component cities with the list of such

representatives.

In the case of Metropolitan Manila, the designation of

the persons authorized to appoint watchers shall be filed

with the Commission, which shall furnish the list of such

representatives

to the respective city and municipal

election registrars.

Section 179. Rights and duties of watchers. — Upon

entering the polling place, the watchers shall present and

deliver

to

the

chairman

of

the

board

of

election

inspectors his appointment, and forthwith, his name shall

be recorded in the minutes with a notation under his

signature that he is not disqualified under the second

paragraph

of

Section 178. The appointments of the

watchers

shall

bear

the

personal

signature

or

the

facsimile

signature

of

the

candidate

or

the

duly

authorized

representatives

of

the

political

party

or

coalition of political parties who appointed him or of

organizations

authorized

by

the

Commission

under

Section 180. The watchers shall have the right to stay in

the space reserved for them inside the polling place. They

shall have the right to witness and inform themselves of

the proceedings of the board of election inspectors,

including

its

proceedings

during

the

registration of

voters, to take notes of what they may see or hear, to take

photographs of the proceedings and incidents, if any,

during the counting of votes, as well as of election

returns, tally boards and ballot boxes, to file a protest

against any irregularity or violation of law which they

believe may have been committed by the board of

election inspectors or by any of its members or by any

persons, to obtain from the board of election inspectors a

certificate as to the filing of such protest and/or of the

resolution thereon, to read the ballots after they shall

have been read by the chairman, as well as the election

returns after they shall have been completed and signed

by the members of the board of election inspectors

without touching them, but they shall not speak to any

member of the board of election inspectors, or to any

voter, or among themselves, in such a manner as would

distract the proceedings, and to be furnished with a

certificate of the number of votes in words and figures

cast for each candidate, duly signed and thumbmarked

by the chairman and all the members of the board of

election inspectors. Refusal of the chairman and the

members of the board of election inspectors to sign and

furnish

such

certificate

shall

constitute

an

election

offense and shall be penalized under this Code.

Section 180. Other watchers. — The duly accredited

citizens arm of the Commission shall be entitled to

appoint a watcher in every polling place. Other civic,

religious, professional, business, service, youth and any

other similar organizations, with prior authority of the

Commission, shall be entitled collectively to appoint one

watcher in every polling place.

ARTICLE XVI OFFICIAL BALLOTS AND

ELECTION RETURNS

Section 181. Official ballots. — Ballots for national

and local offices shall be of uniform size and color and

shall be provided at public expense. They shall be printed

on paper with watermarks or other marks that will readily

distinguish the ballot paper from ordinary paper. Each

ballot shall be in the shape of a strip with stub and

© Compiled by RGL

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