Article 4p. 4

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

unless

within

the

same

period

he

again

becomes

disqualified.

ARTICLE II ELECTION OF PRESIDENT AND

VICE-PRESIDENT

Section

13.

Regular

election

for

President

and

Vice-President. — The regular election for President and

Vice-President of the Philippines shall be held on the first

Monday of May Nineteen hundred eighty seven (1987)

and on the same day every six years thereafter. The

President-elect and the Vice-President-elect shall assume

office at twelve o'clock noon on the thirtieth day of June

next following the election and shall end at noon of the

same date, six years thereafter when the term of his

successor shall begin.

Section

14

Special

election

for

President

and

Vice-President. — In case a vacancy occurs for the Office

of

the

President

and

Vice-President,

the

Batasang

Pambansa shall, at ten o'clock in the morning of the third

day after the vacancy occurs, convene in accordance with

its rules without need of a call and within seven days

enact a law calling for a special election to elect a

President and a Vice-President to be held not earlier than

forty-five days nor later than sixty days from the time of

such call. The bill calling such special election shall be

deemed certified under paragraph (2), Section 19, Article

VIII of the Constitution and shall become law upon its

approval on third reading by the Batasang Pambansa.

Appropriations for the special election shall be charged

against any current appropriations and shall be exempt

from the requirements of paragraph (4), Section 16 of

Article VIII of the Constitution. The convening of the

Batasang

Pambansa

cannot

be

suspended

nor the

special election postponed. No special election shall be

called if the vacancy occurs within seventy days before

the date of the presidential election of 1987.

Section

15

Canvass of votes for President and

Vice-President

by

the

provincial

or

city

board

of

canvassers. — The provincial, city, or district boards of

canvassers in Metropolitan Manila, as the case may be,

shall meet not later than six o'clock in the evening on

election day to canvass the election returns that may

have already been received by them, respectively. It shall

meet continuously from day to day until the canvass is

completed, but may adjourn only for the purpose of

awaiting the other election returns. Each time the board

adjourns, it shall make a total of all the votes cast for each

candidate

for

President and for Vice-President, duly

authenticated by the signatures and thumbmarks of all

the members of the provincial, city or district board of

canvassers, furnishing the Commission in Manila by the

fastest means of communication a copy thereof, and

making available the data contained therein to mass

media and other interested parties. Upon the completion

of the canvass, the board shall prepare a certificate of

canvass showing the votes received by each candidate for

the office of the President and for Vice-President, duly

authenticated by the signatures and thumbmarks of all

the members of the provincial, city or district board of

canvassers. Upon the completion of the certificate of

canvass, the board shall certify and transmit the said

certificate of canvass to the Speaker of the Batasang

Pambansa.

The provincial, city and district boards of canvassers

shall prepare the certificate of canvass for the election of

President and Vice-President, supported by a statement

of votes by polling place, in quintuplicate by the use of

carbon papers or such other means as the Commission

shall prescribe to the end that all five copies shall be

legibly produced in one handwriting. The five copies of

the certificate of canvass must bear the signatures and

thumbmarks of all the members of the board. Upon the

completion of these certificates and statements, they

shall

be

enclosed

in

envelopes

furnished

by

the

Commission and sealed, and immediately distributed as

follows: the original copy shall be enclosed and sealed in

the envelope directed to the Speaker and delivered to

him at the Batasang Pambansa by the fastest possible

means; the second copy shall likewise be enclosed and

sealed in the envelope directed to the Commission; the

third copy shall be retained by the provincial election

supervisor,

in

the

case

of

the

provincial

board

of

canvassers, and by the city election registrar, in the case

of the city board of canvassers; and one copy each to the

authorized representatives of the ruling party and the

dominant opposition political party. Failure to comply

with the requirements of this section shall constitute an

election offense.

Section 16 Counting of votes for President and

Vice-President by the Batasang Pambansa. — The

certificates of canvass, duly certified by the board of

canvassers

of

each

province,

city

or

district

in

Metropolitan Manila shall be transmitted to the Speaker

of the Batasang Pambansa, who shall, not later than

thirty days after the day of the election, convene the

Batasang Pambansa in session and in its presence open

all the certificates of canvass, and the votes shall then be

counted.

Section 17 Correction of errors in certificate and

supporting

statement

already

transmitted

to

the

Speaker. — No correction of errors allegedly committed

in the certificate of canvass and supporting statement

already transmitted to the Speaker of the Batasang

Pambansa shall be allowed, subject to the provisions of

the succeeding section.

Section 18 Preservation of ballot boxes, their keys,

and disposition of their contents. — Until after the

completion by the Batasang Pambansa of the canvassing

of the votes and until an uncontested proclamation of the

President-elect and Vice-President-elect shall have been

obtained,

the

provincial,

city

or

district

board

of

canvassers

under

the

joint

responsibility

with

the

provincial, city or municipal treasurers shall provide for

the safekeeping and storage of the ballot boxes in a safe

and closed chamber secured by four padlocks: one to be

provided by the corresponding board chairman; one by

the provincial or city treasurer concerned; and one each

by

the

ruling

party

and

the

accredited

dominant

opposition political party.

Section

19.

When

certificate

of

canvass

is

incomplete or bears erasures or alterations. — When

the certificate of canvass, duly certified by the board of

canvassers

of

each

province,

city

or

district

in

Metropolitan Manila and transmitted to the Speaker of

the Batasang Pambansa, as provided in the Constitution,

appears to be incomplete, the Speaker shall require the

board of canvassers concerned to transmit to his office,

by personal delivery, the election returns from polling

places that were not included in the certificate of canvass

and supporting statements. Said election returns shall be

submitted by personal delivery to the Speaker within two

days from receipt of notice. When it appears that any

certificate of canvass or supporting statement of votes by

polling place bears erasures or alterations which may cast

doubt as to the veracity of the number of votes stated

therein and may affect the result of the election, the

Batasang Pambansa upon request of the Presidential or

Vice-Presidential candidate concerned or his party shall,

for the sole purpose of verifying the actual number of

votes cast for President or Vice-President, count the votes

as they appear in the copies of the election returns for the

Commission. For this purpose, the Speaker shall require

the Commission to deliver its copies of the election

returns to the Batasang Pambansa.

Section 20 Proclamation of the President-elect and

Vice-President-elect. — Upon the completion of the

canvass of the votes by the Batasang Pambansa, the

persons

obtaining

the

highest number of votes for

President

and

for

Vice-President

shall

be

declared

elected; but in case two or more shall have an equal and

the highest number of votes, one of them shall be chosen

President or Vice-President, as the case may be, by a

majority

vote

of

all

the

Members

of

the Batasang

Pambansa in session assembled.

© Compiled by RGL

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