Article 53p. 53

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

connection therewith as provided under Section 52(i) of

the Omnibus Election Code.

Section 24. Signature of Chairman at the Back of

Every Ballot. — In every case before delivering an official

ballot to the voter, the chairman of the board of election

inspectors shall, in the presence of the voter, affix his

signature at the back thereof. Failure to so authenticate

shall be noted in the minutes of the board of election

inspectors

and

shall

constitute

an

election

offense

punishable under Section 263 and 264 of the Omnibus

Election Code.

Section 25. Manner of Counting Votes. — In addition

to the requirement in the fourth paragraph of Section 12

of the Republic Act No. 6646 and Section 210 of the

Omnibus Election Code, in reading the official ballots

during the counting, the chairman, the poll clerk and the

third member shall assume such positions as to provide

the watchers and the members of the public as may be

conveniently accommodated in the polling place, an

unimpeded

view

of

the

ballot

being

ready

by the

chairman, of the election return and the tally board being

simultaneously accomplished by the, poll clerk and the

third member respectively, without touching any of these

election documents. The table shall be cleared of all

unnecessary writing paraphernalia. Any violation of this

requirement

shall

constitute

an

election

offense

punishable under Section 263 and 264 the Omnibus

Election Code.

The chairman shall first read the votes for national

positions.

Any violation of this Section, or its pertinent portion,

shall constitute an election offense and shall be penalized

in

accordance

with

Batas

Pambansa

Blg.

881.

(as

amended by RA No 9369)

Section 26. Official Watchers. — Every registered

political party or coalition of political parties, and every

candidate shall each be entitled to one watcher in every

polling

place

and

canvassing

center: Provided That,

candidates

for

the

Sangguniang

Panlalawigan,

Sangguniang

Panlungsod,

or

Sangguniang

Bayan

belonging to the same slate or ticket shall collectively be

entitled to only one watcher.

The dominant majority party and dominant minority

party,

which

the

Commission

shall

determine

in

accordance with law, shall each be entitled to one official

watcher who shall be paid a fixed per diem of four

hundred pesos (400,00).

There shall also recognized six principal watchers,

representing the six accredited major political parties

excluding the dominant majority and minority parties,

who

shall

be

designated

by

the Commission upon

nomination of the said parties. These political parties shall

be determined by the Commission upon notice and

hearing on the basis of the following circumstances:

(a) The established record of the said parties, coalition

of groups that now composed them, taking into account,

among other things, their showing in past election;

(b)

The

number

of

incumbent

elective

officials

belonging to them ninety (90) days before the date of

election;

(c)

Their

identifiable

political

organizations

and

strengths as evidenced by their organized/chapters;

(d) The ability to fill a complete slate of candidates

from the municipal level to the position of President; and

(e)

Other

analogous

circumstances

that

may

determine their relative organizations and strengths.

(as amended by RA No 9369)

Section 27. Number of Copies of Election Returns

and

their

Distribution.

—

The

board

of

election

inspectors

shall prepare in handwriting the election

returns in their respective polling place, in the number of

copies herein provided and in the form to be prescribed

and provided by the Commission.

The copies of election returns shall be distributed by

the chairman of the board of election inspectors as

follows:

(a)

In

the

election

of

president,

vice-president,

senators and members of the House of Representatives

including the party-list representatives:

(1) The first copy shall be delivered to the city or

municipal board of canvassers;

(2) The second copy to be posted on a wall within the

premises of the polling place;

(3) The third copy, to the congress, directed to the

President of the Senate;

(4) The fourth copy. to the Commission;

(5) The fifth copy, to the dominant majority party as

determined by the Commission in accordance with law;

(6) The sixth copy, to the dominant minority party as

determined by the Commission in accordance with law;

(7) The seventh copy, to a citizens' authorized by the

Commission to conduct an unofficial count: Provided,

however , That the accreditation of the citizens' arm shall

be subject to the provision of Section 52(k) of Batas

Pambansa Blg. 881; and

(8) The eight copy shall be deposited inside the

compartment of the ballot box for valid ballots; and

(b) In the election of local officials;

(1) The First copy shall be delivered to the city or

municipal board of canvassers;

(2) The second copy to be posted on a wall within the

premises of the polling place;

(3) The third copy, to the Commission;

(4)

The

fourth

copy,

to

the

provincial board of

canvassers;

(5) The fifth copy, to the dominant majority party as

determined by the Commission in accordance with law;

(6) The sixth copy, to the dominant minority party as

determined by the Commission in accordance with law;

(7) The seventh copy, to a citizens' authorized by the

Commission to conduct an unofficial count: Provided,

however , That the accreditation of the citizens' arm shall

be subject to the provisions of Section 52(k) of Batas

Pambansa Blg. 881; and

(8) The eighth copy shall be deposited inside the

compartment of the ballot box for valid votes.

The copy of the election return posted on the wall

shall be open for public viewing at any time of the day for

forty-eight (48) hours following its posting. Any person

may view or capture an image of the election return by

means of any data capturing device such as, but not

limited to, cameras at any time of the day for forty-eight

(48) hours following its posting. After the prescribed

period for posting, the chairman of the board of election

inspectors shall collect the posted election returns and

keep the same in his custody to be produced for image or

data capturing as may be requested by any voter or any

lawful

purpose

as

may

be

ordered

by

competent

authority.

Except for those copies that are required to be

delivered, copies of election returns may be claimed at

the polling place. Any unclaimed copy shall be brought

by the chairman of the board of election inspectors to the

canvassing

center

where

the

recipients

or

their

representatives may claim them. Copies still unclaimed at

the canvassing center shall be deemed placed in the

custody

of

the

chairman

of

the

board

of

election

inspectors, who shall produce them when requested by

the recipient or when ordered by a competent authority.

The Thirty (30) certified print copies of the election

return

for

national

positions

shall be distributed as

follows:

© Compiled by RGL

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