Article 81p. 81

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

the posts concerned, in the case of voting by mail, shall

be cancelled and shipped to the Commission by the least

costly method within six (6) months from the day of

elections.

24.7. Only ballots cast, and mailed ballots received by

the posts concerned in accordance with Section 25 hereof

before the close of voting on the day of elections shall be

counted

in

accordance

with

Section

27

hereof.

All

envelopes containing the ballots received by the posts

after the prescribed period shall not be opened, and shall

be cancelled and shipped to the Commission by the least

costly method within six (6) months from the day of

elections.

24.8. A special ballot Reception and Custody Group

composed of three (3) members shall be constituted by

the Commission from among the staff of the posts

concerned,

including

their

attached

agencies,

and

citizens of the Philippines abroad, who will be deputized

to

receive

ballots

and

take

custody

of

the

same

preparatory to their transmittal to the SBEI.

24.9. A Special Ballot Reception and Custody Group

composed of three (3) members shall be constituted by

the Commission from among the staff of the embassies,

consulates

and

other

foreign

service establishments

concerned,

including

their

attached

agencies,

and

citizens of the Philippines abroad, who will be deputized

to

receive

ballots

and

take

custody

of

the

same

preparatory to their transmittal to the Special Boards of

Election Inspectors.

24.10. During this phase of the election process, the

authorized

representatives

of

the

political

parties,

candidates,

and

accredited

citizens’

arms

of

the

Commission shall be notified in writing thereof and shall

have the right to witness the proceedings.

24.11.

The

Commission

shall

study

the

use

of

electronic mail, Internet, or other secured networks in the

casting of votes, and submit a report thereon to the Joint

Congressional Oversight Committee.

(16a) (as amended by RA No 10590)

Section 25. Voting by Mail. –

25.1. For the May, 2004 elections, the Commission

shall authorize voting by mail in not more than three (3)

countries, subject to the approval of the Congressional

Oversight Committee. Voting by mail may be allowed in

countries that satisfy the following conditions:

a. Where the mailing system is fairly well-developed

and secure to prevent the occasion of fraud;

b.

Where

there

exists

a

technically

established

identification system that would preclude multiple or

proxy voting; and,

c. Where the system of reception and custody of

mailed ballots in the embassies, consulates and other

foreign service establishments concerned are adequate

and well-secured.

Thereafter, voting by mail in any country shall be

allowed only upon review and approval of the Joint

Congressional Oversight Committee.

25.2.

The

overseas

voter

shall

send

her/his

accomplished ballot to the corresponding post that has

jurisdiction over the country where she/he temporarily

resides. She/He shall be entitled to cast her/his ballot at

any time upon her/his receipt thereof: Provided, That the

same is received before the close of voting on the day of

elections. The overseas absentee voter shall be instructed

that her/his ballot shall not be counted if not transmitted

in the special envelope furnished her/him.

25.3. Only mailed ballots received by the post before

the close of voting on the day of elections shall be

counted

in

accordance

with

Section

27

hereof.

All

envelopes containing the ballots received by the posts

after the prescribed period shall not be opened, and shall

be

cancelled

and

disposed

of

appropriately, with a

corresponding

report

thereon

submitted

to

the

Commission not later than thirty (30) days from the day

of elections. (17a) (as amended by RA No 10590)

Section 26. Voting Privilege of Members of the SBEI,

SBRCG and SBOC. — Government employees posted

abroad who will perform election duties as members of

the SBEI, SBCRG and SBOC shall be allowed to vote in

their respective posts: Provided, That they are registered

either in the Philippines or as overseas voters. (as created

by RA No 10590)

Section 27. On-Site Counting and Canvassing. –

27.1. The counting and canvassing of votes shall be

conducted on site in the country where the votes were

actually

cast.

The

opening

of

the

specially-marked

envelopes containing the ballots and the counting and

canvassing

of

votes

shall

be

conducted

within

the

premises of the embassies, consulates and other foreign

service establishments or in such other places as may be

designated

by

the

Commission

pursuant

to

the

Implementing Rules and Regulations. The Commission

shall ensure that the start of counting in all polling places

abroad shall be synchronized with the start of counting in

the Philippines.

27.2.

For

these

purposes,

the

Commission

shall

constitute as many SBEIs as may be necessary to conduct

and supervise the counting of votes as provided in

Section 27.2 hereof. The SBEIs to be constituted herein

shall be composed of a Chairman and two (2) members,

one (1) of whom shall be designated as poll clerk. The

ambassador

or

consul-general,

or

any career public

officer posted abroad designated by the Commission, as

the case may be, shall act as the Chairman; in the

absence of other government officers, the two (2) other

members shall be citizens of the Philippines who are

qualified to vote under this Act and deputized by the

Commission not later than sixty (60) days before the day

of elections. All resolutions of the SBEIs on issues brought

before it during the conduct of its proceedings shall be

valid only when they carry the approval of the Chairman.

Immediately upon the completion of the counting,

the SBEIs shall transmit via facsimile and/or electronic

mail the results to the Commission in Manila and the

accredited major political parties.

27.3.

Only

ballots

cast

on,

or

received

by

the

embassies,

consulates

and

other

foreign

service

establishments before the close of voting on the day of

elections shall be included in the counting of votes. Those

received afterwards shall not be counted.

27.4. The SBOC composed of the highest ranking

officer of the post as Chairperson, a senior career officer

from any of the government agencies maintaining a post

abroad and, in the absence of another government

officer, a citizen of the Philippines qualified to vote under

this Act and deputized by the Commission, as vice

chairperson and member-secretary, respectively, shall be

constituted to canvass the election returns submitted to

it by the SBEIs. Immediately upon the completion of the

canvass, the chairperson of the SBOC shall transmit via

facsimile,

electronic

mail,

or

any

other

means

of

transmission equally safe and reliable the Certificates of

Canvass and the Statements of Votes to the Commission,

and shall cause to preserve the same immediately after

the conclusion of the canvass, and make it available upon

instructions of the Commission. The SBOC shall also

furnish

the

accredited

major

political

parties

and

accredited citizens' arms with copies thereof via facsimile,

electronic mail and any other means of transmission

equally safe, secure and reliable.

The Certificates of Canvass and the accompanying

Statements

of

Votes

as

transmitted

via

facsimile,

electronic mail and any other means of transmission

equally safe, secure and reliable shall be the primary basis

for the national canvass.

27.5. The canvass of votes shall not cause the delay of

the proclamation of a winning candidate if the outcome

of the election will not be affected by the results thereof.

Notwithstanding

the

foregoing,

the

Commission

is

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