Article 33p. 33

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

first

copy

thereof

to

the

Speaker

of

the

Batasang

Pambansa. The second copy shall be transmitted to the

Commission, the third copy shall be kept by the provincial

election supervisor or city election registrar; the fourth

and the fifth copies to each of the two accredited political

parties.

Section

232.

Persons

not

allowed

inside

the

canvassing room. — It shall be unlawful for any officer or

member

of

the

Armed

Forces

of

the

Philippines,

including the Philippine Constabulary, or the Integrated

National Police or any peace officer or any armed or

unarmed persons belonging to an extra-legal police

agency, special forces, reaction forces, strike forces, home

defense forces, barangay self-defense units, barangay

tanod,

or of any member of the security or police

organizations of government ministries, commissions,

councils,

bureaus,

offices,

instrumentalities,

or

government-owned or controlled corporations or their

subsidiaries or of any member of a privately owned or

operated security, investigative, protective or intelligence

agency performing identical or similar functions to enter

the room where the canvassing of the election returns

are held by the board of canvassers and within a radius of

fifty meters from such room: Provided, however, That the

board of canvassers by a majority vote, if it deems

necessary, may make a call in writing for the detail of

policemen or any peace officers for their protection or for

the

protection

of

the

election

documents

and

paraphernalia in the possession of the board, or for the

maintenance of peace and order, in which case said

policemen or peace officers, who shall be in proper

uniform, shall stay outside the room within a radius of

thirty meters near enough to be easily called by the board

of canvassers at any time.

Section 233. When the election returns are delayed,

lost or destroyed. — In case its copy of the election

returns is missing, the board of canvassers shall, by

messenger or otherwise, obtain such missing election

returns from the board of election inspectors concerned,

or if said returns have been lost or destroyed, the board of

canvassers, upon prior authority of the Commission, may

use any of the authentic copies of said election returns or

a certified copy of said election returns issued by the

Commission, and forthwith direct its representative to

investigate the case and immediately report the matter

to the Commission.

The board of canvassers, notwithstanding the fact

that not all the election returns have been received by it,

may terminate the canvass and proclaim the candidates

elected on the basis of the available election returns if the

missing election returns will not affect the results of the

election.

Section 234. Material defects in the election returns.

— If it should clearly appear that some requisites in form

or data had been omitted in the election returns, the

board of canvassers shall call for all the members of the

board of election inspectors concerned by the most

expeditious means, for the same board to effect the

correction: Provided, That in case of the omission in the

election returns of the name of any candidate and/or his

corresponding votes, the board of canvassers shall require

the board of election inspectors concerned to complete

the necessary data in the election returns and affix

therein their initials: Provided, further, That if the votes

omitted in the returns cannot be ascertained by other

means except by recounting the ballots, the Commission,

after satisfying itself that the identity and integrity of the

ballot box have not been violated, shall order the board of

election inspectors to open the ballot box, and, also after

satisfying itself that the integrity of the ballots therein has

been

duly

preserved,

order

the

board

of

election

inspectors to count the votes for the candidate whose

votes

have been omitted with notice thereof to all

candidates

for

the

position

involved

and

thereafter

complete the returns.

The right of a candidate to avail of this provision shall

not be lost or affected by the fact that an election protest

is subsequently filed by any of the candidates.

Section 235. When election returns appear to be

tampered with or falsified. — If the election returns

submitted to the board of canvassers appear to be

tampered with, altered or falsified after they have left the

hands of the board of election inspectors, or otherwise

not authentic, or were prepared by the board of election

inspectors under duress, force, intimidation, or prepared

by persons other than the member of the board of

election inspectors, the board of canvassers shall use the

other copies of said election returns and, if necessary, the

copy inside the ballot box which upon previous authority

given by the Commission may be retrieved in accordance

with Section 220 hereof. If the other copies of the returns

are

likewise

tampered

with,

altered,

falsified,

not

authentic, prepared under duress, force, intimidation, or

prepared by persons other than the members of the

board of election inspectors, the board of canvassers or

any candidate affected shall bring the matter to the

attention of the Commission. The Commission shall then,

after giving notice to all candidates concerned and after

satisfying itself that nothing in the ballot box indicate

that its identity and integrity have been violated, order

the opening of the ballot box and, likewise after satisfying

itself that the integrity of the ballots therein has been

duly

preserved

shall

order

the

board

of

election

inspectors to recount the votes of the candidates affected

and prepare a new return which shall then be used by the

board of canvassers as basis of the canvass.

Section 236. Discrepancies in election returns. — In

case it appears to the board of canvassers that there

exists discrepancies in the other authentic copies of the

election returns from a polling place or discrepancies in

the votes of any candidate in words and figures in the

same return, and in either case the difference affects the

results of the election, the Commission, upon motion of

the board of canvassers or any candidate affected and

after

due

notice

to

all

candidates

concerned,

shall

proceed summarily to determine whether the integrity of

the ballot box had been preserved, and once satisfied

thereof shall order the opening of the ballot box to

recount the votes cast in the polling place solely for the

purpose of determining the true result of the count of

votes of the candidates concerned.

Section 237. When integrity of ballots is violated. —

If upon the opening of the ballot box as ordered by the

Commission under Sections 234, 235 and 236, hereof, it

should

appear

that

there

are

evidence

or signs of

replacement, tampering or violation of the integrity of the

ballots, the Commission shall not recount the ballots but

shall

forthwith

seal

the

ballot

box

and

order

its

safekeeping.

Section 238. Canvass of remaining or unquestioned

returns to continue. — In cases under Sections 233, 234,

235 and 236 hereof, the board of canvassers shall continue

the canvass of the remaining or unquestioned election

returns. If, after the canvass of all the said returns, it

should be determined that the returns which have been

set

aside

will

affect

the

result

of

the

election,

no

proclamation shall be made except upon orders of the

Commission

after

due

notice

and

hearing.

Any

proclamation made in violation hereof shall be null and

void.

Section 239. Watchers. — Each candidate, political

party or coalition of political parties shall be entitled to

appoint one watcher in the board of canvassers. The

watcher shall have the right to be present at, and take

note of, all the proceedings of the board of canvassers, to

read the election returns without touching them, to file a

protest against any irregularity in the election returns

submitted, and to obtain from the board of canvassers a

resolution thereon.

Section 240. Election resulting in tie. — Whenever it

shall

appear

from

the

canvass

that

two

or

more

candidates have received an equal and highest number

© Compiled by RGL

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