Article 46p. 46

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

their watchers in each committee. The committees shall

be under the direct supervision and control of the board.

Section 23. Notice of Meetings of the Board. — At

least five (5) days before the initial meeting of the board

of canvassers, the chairman of the board shall give

written

notice to all members thereof and to each

candidate and political party presenting candidates for

election in the political subdivision concerned of the date,

time and place of the meeting. Similar notice shall also be

given for subsequent meetings unless notice has been

given in open session of the board. Proof of service of

notice to each member, candidate and political party

shall be attached to and shall form part of the records of

the proceedings. If notice is given in open session, such

fact shall be recorded in the minutes of the proceedings.

Section 24. Proceedings of the Board. — The board

of canvassers shall have full authority to keep order within

the canvassing room or hall, and its premises and enforce

obedience to its lawful orders. If any person shall refuse to

obey any lawful order of the board or shall so conduct

himself

in

such disorderly manner as to disturb or

interrupt its proceedings, the board may order any peace

officer

to

take

such

person

in

custody

until

the

adjournment of the meeting.

Section 25. Right to be Present and to Counsel

During the Canvass. — Any registered political party,

coalition of parties, through their representatives, and any

candidate has the right to be present and to counsel

during the canvass of the election returns: Provided, That

only one counsel may argue for each political party or

candidate. They shall have the right to examine the

returns being canvassed without touching them, make

their observations thereon, and file their challenges in

accordance

with

the

rules

and

regulations

of

the

Commission. No dilatory action shall allowed by the board

of canvassers.

Section 26. COMELEC Hearings and Proceedings. —

In

all

hearings,

inquiries,

and

proceedings

of

the

Commission,

including

preliminary

investigations

of

election offenses, no person subpoenaed to testify as a

witness shall be excused from attending and testifying or

from

producing

books,

papers,

correspondence,

memoranda and other records on the ground that the

testimony

or

evidence,

documentary

or

otherwise,

required of him, may tend to incriminate him or subject

him to prosecution: Provided, That no person shall be

prosecuted criminally for or on account of any matter

concerning which he is compelled, after having claimed

the privilege against self-incrimination, to testify and

produce evidence, documentary or otherwise.

Under

such

terms

and

conditions

as

it

may

determine, the Commission may grant immunity from

criminal prosecution to any person whose testimony or

whose possession and production of documents or other

evidence may be necessary to determine the truth in any

hearing, inquiry or proceeding being conducted by the

Commission or under its authority, in the performance or

in the furtherance of its constitutional functions and

statutory objectives. The immunity granted under this

and the immediately preceding paragraph shall not

exempt the witness from criminal prosecution for perjury

or false testimony.

Section 27. Election Offenses; Electoral Sabotage. —

In addition to the prohibited acts and election offenses

enumerated in Sections 261 and 262 of Batas Pambansa

Blg. 881, as amended, the following shall be guilty of an

election offense:

(a) Any person who causes the printing of official

ballots

and

election

returns

by

any

printing

establishment which is not under contract with the

Commission on Elections and any printing establishment

which undertakes such unauthorized printing.

(b) Any person or member of the board of election

inspectors or board of canvassers who tampers, increases

or decreases the votes received by a candidates in any

election or any member of the board who refuses after

proper verification and hearing ,to credit the correct votes

or deduct such tampered votes: Provided, however , That

when the tampering, increase or decrease of votes or the

refusal to credit the correct votes and /or to deduct

tampered to deduct tampered votes are perpetrated on

large scale or in substantial numbers, the same shall be

considered not as an ordinary election offense under

Section 261 of the omnibus election code. But a special

election offense to be known as electoral sabotage and

the penalty to be imposed shall be life imprisonment.

The act or offense committed shall fall under the

category of electoral sabotage in any of the following

instances;

(1) When the tampering, increase and / or decrease of

votes perpetrated or the refusal to credit the correct votes

or to deduct tampered votes, is/are committed in the

election of a national elective office which is voted upon

nationwide and the tampering, increase and/ or decrease

votes refusal to credit the correct votes or to deduct

tampered votes, shall adversely affect the results of the

election to the said national office to the extent that

losing candidate/s is /are made to appear the winner/s;

(2) Regardless of the elective office involved, when

the

tampering,

increase

and/or

decrease

of

votes

committed or the refusal to credit the correct votes or to

deduct tampered votes perpetrated , is a accomplished in

a single election document or in the transposition of the

figure / results from one election document to another

and

involved in the said tampering increase and/or

decrease or refusal to credit correct votes or deduct

tampered votes exceed five thousand (5,000) votes, and

that the same adversely affects the true results of the

election;

(3) Any and all other forms or tampering increase/s

and/ or decrease/s of votes perpetuated or in cases of

refusal to credit the correct votes or deduct the tampered

votes, where the total votes involved exceed ten thousand

(10,000) votes;

Provided finally ; That any and all other persons or

individuals determined to be conspiracy or in connivance

with the members of the BEIs or BOCs involved, shall be

meted the same penalty of life imprisonment.

(as amended by RA No 9369)

(c) Any member of the board of election inspectors

who refuses to issue to duly accredited watchers the

certificate of votes provided in Section 16 hereof.

(d)

Any

person

who

violates

Section

11

hereof

regarding prohibited forms of election propaganda.

(e) Any chairman of the board of canvassers who fails

to give notice of meeting to other members of board,

candidate or political party as required under Section 23

hereof.

(f) Any person declared as nuisance candidate as

defined under Section 69 of Batas Pambansa Blg. 881, or

is

otherwise

disqualified,

by

final

and

executory

judgment, who continue to misrepresent himself, or

holds himself out, as a candidate, such as by continuing

to campaign thereafter, and/or other public officer or

private individual, who knowingly induces or abets such

misrepresentation, by commission or omission, shall be

guilty of an election offense and subject to the penalty

provided in Section 264 of the same Code.

Section

28.

Prosecution

of

Vote-buying

and

Vote-selling. — The presentation of a complaint for

violations of paragraph (a) or (b) of Section 261 of Batas

Pambansa

Blg.

881

supported

by

affidavits

of

complaining witnesses attesting to the offer or promise

by or of the voter's acceptance of money or other

consideration from the relatives, leaders or sympathizers

of

a

candidate,

shall

be

sufficient

basis

for

an

investigation

to

be

immediately

conducted

by

the

Commission, directly or through its duly authorized legal

officers, under Section 68 or Section 265 of said Batas

Pambansa Blg. 881.

© Compiled by RGL

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