Article 45p. 45

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

compatible with that of the absent or unwilling watcher,

may be required by the board of election inspectors to do

so.

Section 13. Board of Election Inspectors. — The

board of election inspectors to be constituted by the

Commission under Section 164 of Batas Pambansa Blg.

881

shall

be composed of a chairman and two (2)

members, one of whom shall be designated as poll clerk,

all of whom shall be public school teachers, giving

preference to those with permanent appointments. In

case

there

are

not

enough

public

school

teachers,

teachers in private schools, employees in the civil service,

or other citizens of known probity and competence who

are registered voters of the city or municipality may be

appointed for election duty.

Section

14.

Per

Diems

of

Boards

of

Election

Inspectors and Other Personnel. — The chairman and

the members of the boards of election inspectors shall

each be paid a per diem of One hundred pesos (P100.00)

on each registration or revision day and Two hundred

pesos (P200.00) on election day.

Support

personnel

from

the

Department

of

Education, Culture and Sports shall each receive a per

diem

of

P50.00

during

election

day.

Supervisors,

principals and other administrators of the Department of

Education, Culture and Sports, who may be required by

the Commission to perform election duties shall each be

entitled to a per diem of P100.00.

Provincial, city and municipal treasurers shall each

receive a per diem of P200.00 on election day.

Section 15. Signatures of Chairman and Poll Clerk at

the Back of Every Ballot. — In addition to the preliminary

acts before the voting as enumerated in Section 191 of

Batas Pambansa Blg. 881, the chairman and the poll clerk

of

the

board

of election inspectors shall affix their

signatures at the back of each and every official ballot to

be used during the voting. A certification to that effect

must be entered in the minutes of the voting.

Section

16.

Certificates

of

Votes.

—

After

the

counting

of

the

votes

cast

in

the

precinct

and

announcement of the results of the election, and before

leaving the polling place, the board of election inspectors

shall issue a certificate of votes upon request of the duly

accredited watchers. The certificate shall contain the

number of votes obtained by each candidate written in

words and figures, the number of the precinct, the name

of the city or municipality and province, the total number

of voters who voted in the precinct and the date and time

issued, and shall be signed and thumbmarked by each

member of the board.

Section 17. Certificate of Votes as Evidence. — The

provisions of Sections 235 and 236 of Batas Pambansa

Blg. 881 notwithstanding, the certificate of votes shall be

admissible in evidence to prove tampering, alteration,

falsification or any anomaly committed in the election

returns

concerned,

when

duly

authenticated

by

testimonial or documentary evidence presented to the

board of canvassers by at least two members of the board

of

election

inspectors

who

issued

the

certificate:

Provided, That failure to present any certificate of votes

shall be a bar to the presentation of other evidence to

impugn the authenticity of the election returns.

Section 18. Transfer of Counting of Votes to Safer

Place. — . (as repealed by RA No 9369)

Section 19. Number of Copies of Election Returns

and their Distribution. — The election returns required

under Section 212 of Batas Pambansa Blg. 881 shall be

prepared in sextuplicate. The first copy shall be delivered

to the city or municipal board of canvassers as a boy for

its use in the city or municipal canvass. The second copy

shall be delivered to the election registrar of the city or

municipality for transmittal to the provincial board of

canvassers for its use in the provincial canvass. The third

copy shall likewise be delivered to the election registrar

for transmittal to the Commission. The fourth copy, to be

known as advance election returns, shall be delivered to

the city or municipal treasurer who, in the pre-large to

enable the public to read them, builtized representative,

shall immediately and publicly open the same and post

the votes therein in an election board, sufficiently large to

enable to public to read them, built on a public place

preferably within the immediate vicinity of the city hall of

municipal building. The fifth copy shall be deposited in

the compartment of the ballot box for valid ballots. The

sixth copy shall be delivered to the city or municipal trial

judge or municipal circuit trial judge, as the case may be,

or in his absence to any official who may be designated

by the Commission for safekeeping. Said copy maybe

opened during the canvass upon order of the board of

canvassers for purposes of comparison with other copies

of the returns whose authenticity is in question.

The city or municipal treasurer shall issue certified

copy of any election returns in his possession upon

request of any interested party and payment of the fees

required by existing ordinances.

The

Commission

shall

promulgate

rules

for

the

speedy and safe delivery or preservation of the election

returns.

Section 20. Boards of Canvassers. — There shall be a

board

of

canvassers

for

each

province,

city

and

municipality as follows:

(a) Provincial Board of Canvassers. — The provincial

board of canvassers shall be composed of the provincial

election supervisor or a lawyer in the regional office of the

Commission,

as

chairman,

the

provincial

fiscal,

as

vice-chairman,

and

the

provincial

superintendent

of

schools, as member.

(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, as vice-chairman, and the city superintendent

of schools, as member. In cities with more than one

election registrar, the Commission shall designate the

election registrar who shall act as chairman.

(c) 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, as vice-chairman, and

the

most

senior district school supervisor or in his

absence

a

principal

of

the

school

district

or

the

elementary school, as member.

The proceedings of the board of canvassers shall be

open and public.

Section 21. Substitution of Chairman and Members

of the Board of Canvassers. — In case of non-availability,

absence, disqualification due to relationship, or incapacity

for any cause of the chairman, the Commission shall

appoint

as

substitute

a

ranking

lawyer

of

the

Commission. With respect to the other members of the

board, the Commission shall appoint as substitute the

following in the order named: The Provincial Auditor, the

Registrar of Deeds, the Clerk of Court nominated by the

Executive Judge of the Regional Trial Court, and any other

available appointive provincial official in the case of the

provincial board of canvassers; the officials in the city

corresponding to those enumerated, in the case of the

city board of canvassers; and the Municipal Administrator,

the Municipal Assessor, the Clerk of Court nominated by

the Executive Judge of the Municipal Trial Court, or any

other available appointive municipal officials, in the case

of the municipal board of canvassers.

Section 22. Canvassing Committees. — The board of

canvasser may constitute such number of canvassing

committees as may be necessary to enable the board of

complete the canvass within the period prescribed under

Section 231 of Batas Pambansa Blg. 881: Provided, That

each committee shall be composed of three members,

each member to be designated by the chairman and

members of the board and that all candidates shall be

notified in writing, before the election, of the number of

committees to be constituted so that they can designate

© Compiled by RGL

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