Article 34p. 34

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

of votes, or in cases where two or more candidates are to

be elected for the same position and two or more

candidates received the same number of votes for the

last place in the number to be elected, the board of

canvassers, after recording this fact in its minutes, shall by

resolution,

upon

five

days

notice

to

all

the

tied

candidates, hold a special public meeting at which the

board of canvassers shall proceed to the drawing of lots of

the candidates who have tied and shall proclaim as

elected the candidates who may be favored by luck, and

the candidates so proclaimed shall have the right to

assume office in the same manner as if he had been

elected by plurality of vote. The board of canvassers shall

forthwith make a certificate stating the name of the

candidate

who

had

been

favored

by

luck

and

his

proclamation on the basis thereof.

Nothing

in

this

section

shall

be

construed

as

depriving a candidate of his right to contest the election.

ARTICLE XX PRE-PROCLAMATION

CONTROVERSIES

Section

241.

Definition.

—

A

pre-proclamation

controversy

refers

to

any

question

pertaining to or

affecting the proceedings of the board of canvassers

which

may

be

raised

by

any

candidate or by any

registered political party or coalition of political parties

before the board or directly with the Commission, or any

matter raised under Sections 233, 234, 235 and 236 in

relation to the preparation, transmission, receipt, custody

and appreciation of the election returns.

Section 242. Commission's exclusive jurisdiction of

all pre-proclamation controversies. — The Commission

shall have exclusive jurisdiction of all pre-proclamation

controversies.

It

may motu proprio or upon written

petition, and after due notice and hearing, order the

partial or total suspension of the proclamation of any

candidate-elect

or

annual

partially

or

totally

any

proclamation, if one has been made, as the evidence shall

warrant in accordance with the succeeding sections.

Section

243.

Issues

that

may

be

raised

in

pre-proclamation controversy. — The following shall be

proper issues that may be raised in a pre-proclamation

controversy:

(a) Illegal composition or proceedings of the board of

canvassers;

(b) The canvassed election returns are incomplete,

contain material defects, appear to be tampered with or

falsified, or contain discrepancies in the same returns or

in

other

authentic

copies

thereof

as

mentioned

in

Sections 233, 234, 235 and 236 of this Code;

(c) The election returns were prepared under duress,

threats, coercion, or intimidation, or they are obviously

manufactured or not authentic; and

(d)

When

substitute

or

fraudulent

returns

in

controverted polling places were canvassed, the results of

which materially affected the standing of the aggrieved

candidate or candidates.

Section 244. Contested composition or proceedings

of the board. — When the composition or proceedings of

the board of canvassers are contested, the board of

canvassers shall, within twenty-four hours, make a ruling

thereon with notice to the contestant who, if adversely

affected, may appeal the matter to the Commission

within five days after the ruling with proper notice to the

board of canvassers. After due notice and hearing, the

Commission shall decide the case within ten days from

the filing thereof. During the pendency of the case, the

board of canvassers shall suspend the canvass until the

Commission

orders

the

continuation

or

resumption

thereof and citing their reasons or grounds therefor.

Section 245. Contested election returns. — Any

candidate, political party or coalition of political parties,

contesting the inclusion or exclusion in the canvass of any

election returns on any of the grounds authorized under

this article or in Sections 234, 235 and 236 of Article XIX

shall submit their verbal objections to the chairman of

the board of canvassers at the time the questioned

returns is presented for inclusion or exclusion, which

objections

shall

be

noted

in

the

minutes

of

the

canvassing.

The board of canvassers upon receipt of any such

objections shall automatically defer the canvass of the

contested returns and shall proceed to canvass the rest of

the returns which are not contested by any party.

Within

twenty-four

hours

from

and

after

the

presentation of a verbal objection, the same shall be

submitted in written form to the board of canvassers.

Thereafter, the board of canvassers shall take up each

contested return, consider the written objections thereto

and summarily rule thereon. Said ruling shall be made

oral initially and then reduced to writing by the board

within twenty-four hours from the time the oral ruling is

made.

Any party adversely affected by an oral ruling on

its/his objection shall immediately state orally whether

it/he intends to appeal said ruling. The said intent to

appeal shall be stated in the minutes of the canvassing. If

a party manifests its intent to appeal, the board of

canvassers shall set aside the return and proceed to rule

on the other contested returns. When all the contested

returns

have

been

ruled

upon

by

it, the board of

canvassers shall suspend the canvass and shall make an

appropriate report to the Commission, copy furnished the

parties.

The

board

of canvassers shall not proclaim any

candidate

as

winner

unless

authorized

by

the

Commission after the latter has ruled on the objections

brought to it on appeal by the losing party and any

proclamation made in violation hereof shall be void ab

initio, unless the contested returns will not adversely

affect the results of the election.

Section

246.

Summary

proceedings

before

the

Commission. — All pre-proclamation controversies shall

be heard summarily by the Commission after due notice

and hearing, and its decisions shall be executory after the

lapse of five days from receipt by the losing party of the

decision of the Commission, unless restrained by the

Supreme Court.

Section

247.

Partial

proclamation.

—

Notwithstanding the pendency of any pre-proclamation

controversy, the Commission may, motu proprio or upon

the filing of a verified petition and after due notice and

hearing,

order

the

proclamation

of

other

winning

candidates whose election will not be affected by the

outcome of the controversy.

Section 248. Effect of filing petition to annual or to

suspend

the

proclamation.

—

The

filing

with

the

Commission of a petition to annual or to suspend the

proclamation of any candidate shall suspend the running

of the period within which to file an election protest or

quo warranto proceedings.

ARTICLE XXI ELECTION CONTESTS

Section 249. Jurisdiction of the Commission. — The

Commission shall be the sole judge of all contests relating

to the elections, returns, and qualifications of all Members

of the Batasang Pambansa, elective regional, provincial

and city officials.

Section

250.

Election

contests

for

Batasang

Pambansa, regional, provincial and city offices. — A

sworn petition contesting the election of any Member of

the Batasang Pambansa or any regional, provincial or city

official

shall

be

filed

with

the

Commission by any

candidate who has duly filed a certificate of candidacy

and has been voted for the same office, within ten days

after the proclamation of the results of the election.

Section 251. Election contests for municipal offices.

— A sworn petition contesting the election of a municipal

officer shall be filed with the proper regional trial court by

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