Article 27p. 27

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

offering to vote on the ground that the challenged

person has received or expects to receive, has paid,

offered or promised to pay, has contributed, offered or

promised to contribute money or anything of value as

consideration for his vote or for the vote of another; that

he has made or received a promise to influence the

giving or withholding of any such vote or that he has

made a bet or is interested directly or indirectly in a bet

which depends upon the result of the election. The

challenged person shall take a prescribed oath before the

board of election inspectors that he has not committed

any of the acts alleged in the challenge. Upon the taking

of such oath, the challenge shall be dismissed and the

challenged voter shall be allowed to vote, but in case of

his refusal to take such oath, the challenge shall be

sustained and he shall not be allowed to vote.

Section

201.

Admission

of

challenged

vote

immaterial in criminal proceedings. — The admission of

the challenged vote under the two preceding sections

shall not be conclusive upon any court as to the legality of

the registration of the voter challenged or his vote in a

criminal action against such person for illegal registration

or voting.

Section 202. Record of challenges and oaths. — The

poll clerk shall keep a prescribed record of challenges and

oaths taken in connection therewith and the resolution of

the board of election inspectors in each case and, upon

the termination of the voting, shall certify that it contains

all the challenges made. The original of this record shall

be attached to the original copy of the minutes of the

voting as provided in the succeeding section.

Section 203. Minutes of voting and counting of

votes. — The board of election inspectors shall prepare

and sign a statement in four copies setting forth the

following:

1. The time the voting commenced and ended;

2. The serial numbers of the official ballots and

election returns, special envelopes and seals received;

3. The number of official ballots used and the number

left unused;

4. The number of voters who cast their votes;

5. The number of voters challenged during the voting;

6. The names of the watchers present;

7. The time the counting of votes commenced and

ended;

8. The number of official ballots found inside the

compartment for valid ballots;

9. The number of valid ballots, if any, retrieved from

the compartment for spoiled ballots;

10.

The

number

of

ballots,

if any, found folded

together;

11. The number of spoiled ballots withdrawn from the

compartment for valid ballots;

12. The number of excess ballots;

13. The number of marked ballots;

14. The number of ballots read and counted;

15. The time the election returns were signed and

sealed in their respective special envelopes;

16. The number and nature of protests made by

watchers; and

17. Such other matters that the Commission may

require.

Copies

of

this

statement

after

being

duly

accomplished shall be sealed in separate envelopes and

shall be distributed as follows: (a) the original to the city or

municipal election registrar; (b) the second copy to be

deposited inside the compartment for valid ballots of the

ballot box; and (c) the third and fourth copies to the

representatives of the accredited political parties.

Section 204. Disposition of unused ballots at the

close of the voting hours. — The chairman of the board

of election inspectors shall prepare a list showing the

number

of

unused

ballots

together

with

the serial

numbers. This list shall be signed by all the members of

the board of election inspectors, after which all the

unused ballots shall be torn halfway in the presence of

the members of the board of election inspectors.

Section

205.

Prohibition

of

premature

announcement of voting. — No member of the board of

election inspectors shall, before the termination of the

voting, make any announcement as to whether a certain

registered voter has already voted or not, as to how many

have already voted or how many so far have failed to vote,

or any other fact tending to show or showing the state of

the polls, nor shall he make any statement at any time,

except as witness before a court, as to how any person

voted.

ARTICLE XVIII COUNTING OF VOTES

Section 206. Counting to be public and without

interruption. — As soon as the voting is finished, the

board of election inspectors shall publicly count in the

polling place the votes cast and ascertain the results. The

board may rearrange the physical set up of the polling

place for the counting or perform any other activity with

respect to the transition from voting counting. However,

it may do so only in the presence of the watchers and

within close view of the public. At all times, the ballot

boxes and all election documents and paraphernalia shall

be within close view of the watchers and the public.

The board of election inspectors shall not adjourn or

postpone or delay the count until it has been fully

completed, unless otherwise ordered by the Commission.

The Commission, in the interest of free, orderly, and

honest election, may authorize the board of election

inspectors to count the votes and to accomplish the

election return and other forms prescribed under the

code in any other place within a public building in the

same municipality or city on account of imminent danger

of widespread violence or similar causes of comparable

magnitude:

Provided,

That

the

transfer

shall

been

recommended

in

writing

by

the

board

of

election

inspectors by unanimous vote and endorsed in writing by

the majority of watchers present: Provided, further, that

the said public building shall not located within the

perimeter

of

or

inside

a

military

or

police

camp,

reservation, headquarters, detachment or field office nor

within the premises of a prison or detention bureau or

any law enforcement or investigation agency.

Any violation of this section, or its pertinent portion,

shall constitute an election offense and shall be penalized

in

accordance

with

Batas

Pambansa

Blg.

881.

(as

amended by RA No 9369)

Section 207. Excess ballots. — Before proceeding to

count the votes the board of election inspectors shall

count the ballots in the compartment for valid ballots

without

unfolding

them

or exposing their contents,

except so far as to ascertain that each ballot is single, and

compare the number of ballots in the box with the

number of voters who have voted. If there are excess

ballots, they shall be returned in the box and thoroughly

mixed therein, and the poll clerk, without seeing the

ballots and with his back to the box, shall publicly draw

out as may ballots as may be equal to the excess and

without unfolding them, place them in an envelope

which shall be marked "excess ballots" and which shall be

sealed and signed by the members of the board of

election inspectors. The envelope shall be placed in the

compartment for valid ballots, but its contents shall not

be read in the counting of votes. If in the course of the

examination ballots are found folded together before

they were deposited in the box, they shall be placed in

the envelope for excess ballots. In case ballots with their

detachable coupons be found in the box, such coupons

© Compiled by RGL

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