Article 31p. 31

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

After satisfying itself that the integrity of the ballots

therein has also been duly preserved, the Commission

shall order the recounting of the votes of the candidates

affected and the proper corrections made on the election

returns, unless the correction sought is such that it can

be made without need of opening the ballot box.

Section 217. Delivery of the ballot boxes, keys and

election

supplies

and

documents.

—

Upon

the

termination of the counting of votes, the board of election

inspectors

shall place in the compartment for valid

ballots,

the

envelopes

for

used

ballots

hereinbefore

referred to, the unused ballots, the tally board or sheet, a

copy of the election returns, and the minutes of its

proceedings, and then shall lock the ballot box with three

padlocks and such safety devices as the Commission may

prescribe. Immediately after the box is locked, the three

keys of the padlocks shall be placed in three separate

envelopes and shall be sealed and signed by all the

members of the board of election inspectors.

The authorized representatives of the Commission

shall forthwith take delivery of said envelopes, signing a

receipt therefor, and deliver without delay one envelope

to the provincial treasurer, another to the provincial fiscal

and the other to the provincial election supervisor.

The ballot box, all supplies of the board of election

inspectors and all pertinent papers and documents shall

immediately

be

delivered

by

the

board

of

election

inspectors and the watchers to the city or municipal

treasurer who shall keep his office open all night on the

day of election if necessary for this purpose, and shall

provide the necessary facilities for said delivery at the

expense of the city or municipality. The book of voters

shall be returned to the election registrar who shall keep

it under his custody. The treasurer and the election

registrar, as the case may be, shall on the day after the

election require the members of the board of election

inspectors who failed to send the objects referred to

herein to deliver the same to him immediately and

acknowledge receipt thereof in detail.

Section 218. Preservation of the voting record. —

The voting record of each polling place shall be delivered

to the election registrar who shall have custody of the

same, keeping them in a safe place, until such time that

the

Commission

shall

give

instructions

on

their

disposition.

Section 219. Preservation of the ballot boxes, their

keys and disposition of their contents. -

(a) The provincial election supervisor, the provincial

treasurer and the provincial fiscal shall keep the envelope

containing the keys in their possession intact during the

period of three months following the election. Upon the

lapse of this period, unless the Commission has ordered

otherwise, the provincial election supervisor and the

provincial fiscal shall deliver to the provincial treasurer the

envelope containing the keys under their custody.

(b) The city and municipal treasurer shall keep the

ballot boxes under their responsibility for three months

and stored unopened in a secure place, unless the

Commission orders otherwise whenever said ballot boxes

are needed in any political exercise which might be called

within the said period, provided these are not involved in

any

election

contest

or official investigation, or the

Commission or other competent authority shall demand

them sooner or shall order their preservation for a longer

time

in

connection

with

any

pending

contest

or

investigation. However, upon showing by any candidate

that the boxes will be in danger of being violated if kept

in the possession of such officials, the Commission may

order them kept by any other official whom it may

designate. Upon the lapse of said time and if there should

be

no

order

to

the contrary, the Commission may

authorize

the

city

and

municipal

treasurer

in

the

presence of its representative to open the boxes and burn

their contents, except the copy of the minutes of the

voting and the election returns deposited therein which

they shall take and keep.

(c) In case of calamity or fortuitous event such as fire,

flood,

storm,

or

other similar calamities which may

actually cause damage to the ballot boxes and/or their

contents, the Commission may authorize the opening of

said ballot boxes to salvage the ballots and other contents

by placing them in other ballot boxes, taking such other

precautionary measures as may be necessary to preserve

such documents.

Section 220. Documents and articles omitted or

erroneously placed inside the ballot box. — If after the

delivery of the keys of the ballot box to the proper

authorities, the board of election inspectors shall discover

that some documents or articles required to be placed in

the ballot box were not placed therein, the board of

election inspectors, instead of opening the ballot box in

order to place therein said documents or articles, shall

deliver the same to the Commission or its duly authorized

representatives. In no instance shall the ballot box be

reopened to place therein or take out therefrom any

document or article except to retrieve copies of the

election returns which will be needed in any canvass and

in such excepted instances, the members of the board of

election inspectors and watchers of the candidates shall

be notified of the time and place of the opening of said

ballot box: Provided, however, That if there are other

copies of the election returns outside of the ballot box

which can be used in canvass, such copies of the election

returns shall be used in said canvass and the opening of

the ballot box to retrieve copies of the election returns

placed therein shall then be dispensed with.

ARTICLE XIX CANVASS AND PROCLAMATION

Section 221. Board of canvassers. — There shall be a

board of canvassers for each province, city, municipality,

and district of Metropolitan Manila as follows:

(a) Provincial board of canvassers. — the provincial

board of canvassers shall be composed of the provincial

election supervisor or a senior lawyer in the regional

office of the Commission, as chairman, the provincial

fiscal,

as

vice-chairman,

and

the

provincial

superintendent of schools, and one representative from

each of the ruling party and the dominant opposition

political party in the constituency concerned entitled to

be represented, as members.

(b) City board of canvassers. — the city board of

canvassers

shall

be

composed

of

the

city

election

registrar or a lawyer of the Commission, as chairman, the

city fiscal and the city superintendent of schools, and one

representative from each of the ruling party and the

dominant

opposition

political

party

entitled

to

be

represented, as members.

(c) District board of canvassers of Metropolitan Manila

— the district board of canvassers shall be composed of a

lawyer of the Commission, as chairman, and a ranking

fiscal in the district and the most senior district school

supervisor

in

the

district

to

be

appointed

upon

consultation with the Ministry of Justice and the Ministry

of Education, Culture and Sports, respectively, and one

representative from each of the ruling party and the

dominant opposition political party in the constituency

concerned, as members.

(d) Municipal board of canvassers. — the municipal

board of canvassers shall be composed of the election

registrar

or

a

representative

of the Commission, as

chairman,

the

municipal

treasurer,

and

the

district

supervisor or in his absence any public school principal in

the municipality and one representative from each of the

ruling party and the dominant opposition political party

entitled to be represented, as members.

(e) Board of canvassers for newly created political

subdivisions — the Commission shall constitute a board

of canvassers and appoint the members thereof for the

first

election

in

a

newly

created

province,

city

or

municipality

in

case

the

officials

who

shall

act

as

members thereof have not yet assumed their duties and

functions.

© Compiled by RGL

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