Article 52p. 52

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

transmission, receipt, custody and appreciation of the

election returns, and the certificates of canvass shall be

brought

in

the

first

instance

before

the

board

of

canvassers only.

Section

18.

Summary

Disposition

of

Pre-proclamation Controversies. — All pre-proclamation

controversies on election returns or certificates of canvass

shall, on the basis of the records and evidence elevated to

it by the board of canvassers, be disposed of summarily

by the Commission within seven (7) days from receipt

thereof. Its decisions shall be executory after the lapse of

seven (7) days for receipts by the losing party of the

decision of the Commission.

Section 19. Consented Composition or Proceedings

of

the

Board:

Period

to

Appeal:

Decision

by

the

Commission. — Parties adversely affected by a ruling of

the

board

of

canvassers on questions affecting the

composition or proceedings of the board may appeal the

matter to the Commission within three (3) days from a

ruling thereon. The Commission shall summarily decided

the case within five (5) days from the filing thereof.

Section 20. Procedure in Disposition of Contested

Election Returns. -

(a)

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 Article XX or Sections 234, 235 and 236

of Article XIX of the Omnibus Election Code shall submit

their oral objection to the chairman of the board of

canvassers at the time the questioned return is presented

for inclusion in the canvass. Such objection shall be

recorded in the minutes of the canvass.

(b) Upon receipts of any such objection, the board of

canvassers shall automatically defer the canvass of the

contested returns and shall proceed to canvass the

returns which are not contested by any party.

(c)

Simultaneous

with

the

oral

objection,

the

objecting party shall also enter his objection in the form

for

written

objections

to

be

prescribed

by

the

Commission. Within twenty-four (24) hours from and

after the presentation of such an objection, the objecting

party

shall

submit

the

evidence

in

support

of the

objection, which shall be attached to the form for written

objections. Within the same period of twenty-four (24)

hours after presentation of the objection, any party may

file a written and verified opposition to the objection in

the form also to be prescribed by the Commission,

attaching thereto supporting evidence, if any. The board

shall not entertain any objection or opposition unless

reduced to writing in the prescribed forms.

The evidence attached to the objection or opposition,

submitted by the parties, shall be immediately and

formally admitted into the records of the board by the

chairman affixing his signature at the back of each every

page thereof.

(d) Upon receipt of the evidence, the board shall keep

up the contested returns, consider the written objections

thereto

and

opposition,

if

any,

and

summarily

and

immediately rules thereon. The board shall enter its ruling

on the prescribed form and authenticate the same by the

signatures of its members.

(e) Any part adversely affected by the ruling of the

board shall immediately inform the board if he intends to

appeal said ruling. The board shall enter said information

in the minutes of the canvass, set aside the returns and

proceed to consider the other returns.

(f)

After

all

the

uncontested

returns have been

canvassed and the contested return ruled upon by it, the

board shall suspend the canvass. Within forty-eight (48)

hours, therefrom, any party adversely affected by the

ruling may file with the board a written and verified

notice of appeal; and within an unextendible period of

five (5) days thereafter an appeal may be taken to the

Commission.

(g) Immediately upon receipt of the notice of appeal,

the

board shall make an appropriate report to the

Commission, elevating therewith the complete records

and evidence submitted in the canvass, and furnishing

the parties with copies of the report.

(h) On the basis of the record and evidence elevate to

it by the board, the Commission shall decide summarily

the appeal within seven (7) days from receipt of said

record and evidence. Any appeal brought before the

Commission on the ruling of the board, without the

accomplished forms and the evidence appended thereto,

shall be summarily dismissed.

The decision of the Commission shall be executory

after the lapse of seven (7) days from receipts thereof by

the losing party.

(i) The board of canvassers shall not proclaim any

candidate

as

winner

unless

authorized

by

the

Commission after the latter has ruled on the object

brought

to

it

on

appeal

by

the

losing

party.

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 21. Partial Proclamation. — Notwithstanding

the pendency of any pre-proclamation controversy, the

Commission may summarily order the proclamation of

other winning candidates whose election will not be

affected by the outcome of the controversy.

Section 22. Election Contests for Municipal Offices.

— All election contests involving municipal offices filed

with

the

Regional

Trial

Court

shall

be

decided

expeditiously. The decision may be appealed to the

Commission within five (5) days from promulgation or

receipt of a copy thereof by the aggrieved party. The

Commission shall decide the appeal within sixty (60) days

after it is submitted for decision, but not later than six (6)

months after the filing of the appeal, which decision shall

be final, unappealable and executory.

Section 23. Officials Ballots. -

(a) Ballots for national and local elections, regular or

special, plebiscites and referenda, shall be of uniform size

and shall be prescribed by the Commission. They shall be

printed

in

black

ink

on

which

security paper with

distinctive, clear and legible watermarks that will readily

distinguish it from ordinary paper. Each ballot shall be in

the shape of a strip with stub and detachable coupon

containing the serial number of the ballot, and a space for

the thumbmark of the voter on the detachable coupon. It

shall bear at the top of the voter on the detachable

coupon. It shall bear at the top of the middle portion

thereof

the

coat-of-arms

of

the

Republic

of

the

Philippines, the word "Official Ballot," the name of the city

or the municipality and province in which the election is

to be held, the date of the election, and the following

notice in English: "Fill out this ballot secretly inside the

voting booth. Do not put any distinct mark on any part of

this ballot.

(b) The official ballot shall also contain the names of

all the officer to be voted for in the election, allowing

opposite the name of each office, sufficient space of

spaces with horizontal lines where the voter may write

the name or names of individual candidates voted for by

him.

(c) There shall not be anything printed or written on

the back of the ballot except as provided in Section 24 of

this Act.

(d) Official ballot for cities and municipalities where

Arabic is of general use shall have each of the titles of the

offices to be voted for printed in Arabic in addition to and

immediately below the English title.

(e) Notwithstanding the preceding provisions, the

Commission is hereby authorized to prescribe a different

form of official ballot on the same watermarked security

paper to facilitate voting by illiterate voter only and to use

or adopt the latest technological and electronic devices in

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