Article 32p. 32

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

Section

222.

Relationship

with

candidates

and

other members. — The chairman and the members of

the board of canvassers shall not be related within the

fourth civil degree of consanguinity or affinity to any of

the candidates whose votes will be canvassed by said

board, or to any member of the same board.

Section 223. Prohibition against leaving official

station. — During the period beginning election day until

the proclamation of the winning candidates, no member

or

substitute

member

of

the

different

boards

of

canvassers shall be transferred, assigned or detailed

outside of his official station, nor shall he leave said

station without prior authority of the Commission.

Section 224. Feigned illness. — Any member of the

board

of

canvassers

feigning

illness in order to be

substituted on election day until the proclamation of the

winning candidates shall be guilty of an election offense.

Section 225. Vote required. — A majority vote of all

the

members

of

the

board

of

canvassers

shall

be

necessary to render a decision.

Section

226.

Incapacity

and

substitution

of

members

of

boards

of

canvassers.

—

In

case

of

non-availability,

absence,

disqualification

due

to

relationship, or incapacity for any cause of the chairman,

the Commission shall designate the provincial or city

fiscal

to

act

as

chairman.

Likewise,

in

case

of

non-availability,

absence,

disqualification

due

to

relationship, or incapacity for any cause, of such designee,

the

next

ranking

provincial

or

city

fiscal

shall

be

designated by the Commission and such designation

shall pass to the next in rank until the designee qualifies.

With respect to the other members of the board of

canvassers, the Commission shall appoint as substitute

the

provincial,

city

or

municipal

officers

of

other

government agencies in the province, city or municipality,

as

the

case

may

be,

and

with

respect

to

the

representatives of the accredited political parties, the

Commission

shall

appoint

as

substitutes

those

nominated by the said political parties.

Section 227. Supervision and control over board of

canvassers. — The Commission shall have direct control

and supervision over the board of canvassers.

Any member of the board of canvassers may, at any

time, be relieved for cause and substituted motu proprio

by the Commission.

Section 228. Notice of meeting of the board. — At

least five days before the meeting of the board, the

chairman of the board shall give notice to all members

thereof and to each candidate and political party of the

date, time and place of the meeting.

Section 229. Manner of delivery and transmittal of

election returns. -

(a) For the city and municipal board of canvassers, the

copy of the election returns of a polling place intended for

the city or municipal board of canvassers, duly placed

inside a sealed envelope signed and affixed with the

imprint of the thumb of the right hand of all the

members of the board of election inspectors, shall be

personally delivered by the members of the board of

election inspectors to the city or municipal board of

canvassers under proper receipt to be signed by all the

members thereof.

(b) For the provincial and district boards of canvassers

in Metropolitan Manila, the copy of the election returns of

a polling place intended for the provincial or district

board of canvassers in the case of Metropolitan Manila,

shall be personally delivered by the members of the

board of election inspectors to the election registrar for

transmittal to the proper board of canvassers under

proper receipt to be signed by all the members thereof.

The election registrar concerned shall place all the

returns intended for the board of canvassers inside a

ballot box provided with three padlocks whose keys shall

be kept as follows: one by the election registrar, another

by the representative of the ruling party and the third by

the representative of the dominant political opposition

party.

For

this

purpose,

the

two

political

parties shall

designate their representatives whose names shall be

submitted to the election registrar concerned on or

before the tenth day preceding the election. The three in

possession of the keys shall personally transmit the ballot

box, properly locked, containing the election returns to

the board of canvassers. Watchers of political parties,

coalition

of

political

parties,

and

of

organizations

collectively authorized by the Commission to designate

watchers shall have the right to accompany transmittal of

the ballot boxes containing the election returns.

It shall be unlawful for any person to delay, obstruct,

impede or prevent through force, violence, coercion,

intimidation or by any means which vitiates consent, the

transmittal

of the election returns or to take away,

abscond with, destroy, deface or mutilate or substitute

the election returns or the envelope or the ballot box

containing the election returns or to violate the right of

the watchers.

The watchers of the political parties, coalition of

political parties and the candidates shall have the right to

accompany

the

members

of

the

board

of

election

inspectors or the election registrar in making the delivery

to the boards of canvassers.

Section 230. Safekeeping of transmitted election

returns. — The board of canvassers shall keep the ballot

boxes containing the election returns in a safe and secure

room before and after the canvass. The door to the room

must be padlocked by three locks with the keys thereof

kept as follows: one with the chairman, the other with the

representative of the ruling party, and the other with the

representative of the dominant opposition political party.

The watchers of candidates, political parties, coalition of

political parties and organization collectively authorized

by the Commission to appoint watchers shall have the

right to guard the room. Violation of this right shall

constitute an election offense.

Section 231. Canvass by the board. — The board of

canvassers shall meet not later than six o'clock in the

afternoon of election day at the place designated by the

Commission

to

receive

the

election

returns

and to

immediately canvass those that may have already been

received. It shall meet continuously from day to day until

the canvass is completed, and may adjourn but only for

the purpose of awaiting the other election returns from

other polling places within its jurisdiction. Each time the

board adjourns, it shall make a total of all the votes

canvassed so far for each candidate for each office,

furnishing

the Commission in Manila by the fastest

means of communication a certified copy thereof, and

making available the data contained therein to the mass

media and other interested parties. As soon as the other

election

returns

are

delivered,

the

board

shall

immediately resume canvassing until all the returns have

been canvassed.

The respective board of canvassers shall prepare a

certificate of canvass duly signed and affixed with the

imprint of the thumb of the right hand of each member,

supported by a statement of the votes received by each

candidate in each polling place and, on the basis thereof,

shall proclaim as elected the candidates who obtained

the highest number of votes cast in the province, city,

municipality or barangay. Failure to comply with this

requirement shall constitute an election offense.

Subject

to

reasonable

exceptions,

the

board

of

canvassers must complete their canvass within thirty-six

hours in municipalities, forty-eight hours in cities and

seventy-two hours in provinces. Violation hereof shall be

an election offense punishable under Section 264 hereof.

With

respect

to

the

election

for

President

and

Vice-President,

the

provincial

and

city

boards

of

canvassers shall prepare in quintuplicate a certificate of

canvass supported by a statement of votes received by

each candidate in each polling place and transmit the

© Compiled by RGL

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