Article 30p. 30

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

same shall be posted on a wall with sufficient lighting

within the premises of the polling place.

The other copies of election returns for both national

and local position shall be sealed in the presence of the

watchers and the public, and placed in the proper

envelope, which shall likewise be sealed and distributed

as herein provided.

Any election return with a separately printed serial

number or which bears a different serial number from

that assigned to the particular polling place concerned

shall not be canvassed. This is to be determined by the

board canvassers prior to its canvassing on the basis of

the

certification

of

the

provincial, city or municipal

treasurer as to the serial number of the election return

assigned to said voting precinct, unless the Commission

shall order in writing for its canvassing, stating the reason

for the variance in serial numbers.

If the signatures and/or thumbmarks of the members

of the board of election inspectors or some of them as

required in this provision are missing in the election

returns,

the

board

of

canvassers may summon the

members of the board of election inspectors concerned

to complete the returns.

The citizen's arm is mandated to present for perusal

its copy of the election return to the board of election

canvassers upon the request of any interested candidate.

Any violation of this election or its pertinent portion,

shall constitute an election offense and shall be penalized

in accordance with Batas Pambansa Blg. 881.

In addition, the following shall likewise be guilty of an

election offense:

(a) Any Person who removes the election return

posted on the wall, whether within or after the prescribed

forty-eight (48) hours of posting, or defaces the same in

any manner;

(b) Any person who simulates an actual election

return, or a print or digital copy thereof;

(c) Any person who simulates the certification in a

print of an election return;

(d) The chairman or any member of the board of

election inspectors who, during the prescribed period of

posting, removes the election return from the wall on

which it had been posted other than for the purpose of

immediately transferring it to a more suitable place;

(e) The chairman or any member of the board of

election inspectors who signs or authenticates a print of

the election return outside of the polling place; and

(f) The chairman or any member of the board of

election inspectors who signs or authenticates a print

which bears an image different from the election return

produced after counting and posted on the wall.

(as amended by RA No 9369)

Section

213.

Proclamation

of

the result of the

election in the polling place. — Upon the completion of

the

election

returns,

the chairman of the board of

election inspectors shall orally and publicly announce the

total number of votes received in the election in the

polling place by each and every one of the candidates,

stating their corresponding office.

Section 214. Disposition of election returns. -

(1) In a presidential election: the board of election

inspectors shall prepare in handwriting and sign the

returns of the election in sextuplicate in their respective

polling

place

in

a

form

to

be

prescribed

by

the

Commission.

One

copy

shall

be

deposited

in

the

compartment of the ballot box for valid ballots, and in the

case of municipalities two copies including the original

copy shall be handed to the municipal election registrar

who shall immediately deliver the original copy to the

provincial election supervisor and forward the other copy

to the Commission, and one copy each to the authorized

representatives of the accredited political parties. In the

case of the cities, the city registrar shall retain the original

copy for submission to the provincial election supervisor,

and forward the other copy to the Commission.

(2) In the election for Members of the Batasang

Pambansa: the original of the election returns shall be

delivered

to

the

election

registrar

of

the

city

or

municipality

for

transmittal

to

the chairman of the

provincial board of canvassers, and direct to the chairman

of the city or district board of canvassers in the urbanized

cities and the districts of Metropolitan Manila, as the case

may be, for use in the canvass. The second copy shall

likewise

be

delivered

to

the

election

registrar

for

transmittal to the Commission. The third copy shall be

deposited in the compartment for valid ballots. The

fourth copy shall be delivered to the election registrar

who shall use said copy in the tabulation of the advance

results of the election in the city or municipality. The fifth

and sixth copies shall each respectively be delivered to

the members representing political parties represented

in the board of election inspectors.

(3) In local elections: the original copy of the election

returns shall be delivered to the city or municipal board of

canvassers as a body for its use in the city of municipal

canvass. The second copy shall be delivered to the

election registrar of the city or municipality for transmittal

to the provincial board of canvassers as a body for its use

in the provincial canvass. The third copy shall likewise be

delivered to the election registrar for transmittal to the

Commission. The fourth copy shall be deposited in the

compartment for valid ballots. The fifth and sixth copies

shall each respectively be delivered to the members

representing

the political parties represented in the

board of election inspectors.

The

Commission

shall

promulgate

rules

for

the

speedy and safe delivery of the election returns.

Section 215. Board of election inspectors to issue a

certificate

of

the

number

of

votes

polled

by the

candidates for an office to the watchers. — After the

announcement of the results of the election and before

leaving the polling place, it shall be the duty of the board

of election inspectors to issue a certificate of the number

of the votes received by a candidate upon request of the

watchers. All the members of the board of election

inspectors shall sign the certificate.

Section

216.

Alterations

and corrections in the

election returns. — Any correction or alteration made in

the election, returns by the board of election inspectors

before the announcement of the results of the election in

the

polling

place

shall

be

duly initialed by all the

members thereof.

After the announcement of the results of the election

in the polling place has been made, the board of election

inspectors shall not make any alteration or amendment

in any of the copies of the election returns, unless so

ordered

by

the

Commission

upon

petition

of

the

members of the board of election inspectors within five

days from the date of the election or twenty-four hours

from the time a copy of the election returns concerned is

opened by the board of canvassers, whichever is earlier.

The petition shall be accompanied by proof of service

upon all candidates affected. If the petition is by all

members of the board of election inspectors and the

results of the election would not be affected by said

correction and none of the candidates affected objects

thereto, the Commission, upon being satisfied of the

veracity of the petition and of the error alleged therein,

shall order the board of election inspectors to make the

proper correction on the election returns.

However, if a candidate affected by said petition

objects thereto, whether the petition is filed by all or only

a majority of the members of the board of election

inspectors and the results of the election would be

affected

by the correction sought to be made, the

Commission shall proceed summarily to hear the petition.

If it finds the petition meritorious and there are no

evidence

or

signs

indicating

that

the

identity

and

integrity

of

the

ballot

box

have

been violated, the

Commission shall order the opening of the ballot box.

© Compiled by RGL

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