Article 82p. 82

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

empowered

to

order

the

proclamation

of

winning

candidates despite the fact that the scheduled election

has not taken place in a particular country or countries, if

the holding of elections therein has been rendered

impossible by events, factors and circumstances peculiar

to such country or countries, and which events, factors

and circumstances are beyond the control or influence of

the Commission.

27.6. In the preparation of the final tally of votes on

the results of the national elections, the Commission shall

ensure that the votes canvassed by each and every

country shall be reflected as a separate item from the

tally of national votes. For purposes of this Act, the returns

of

every

election

for

President

and

Vice-President

prepared by the SBOCs shall be deemed a certificate of

canvass of a city or a province.

27.7. Where feasible, the counting and canvassing of

votes

shall

be

automated.

Towards

this

end,

the

Commission is hereby authorized to borrow, rent, lease or

acquire automated voting machines for purposes of

canvassing

and

counting

of

votes

pursuant

to

the

provisions

of

this

Act,

and

in

accordance with the

Implementing Rules and Regulations promulgated by

the Commission.

(18a) (as amended by RA No 10590)

Section 28. Authority to Explore Other Modes or

Systems

Using

Automated

Election

System.

—

Notwithstanding current procedures and systems herein

provided, for the proper implementation of this Act and

in view of the peculiarities attendant to the overseas

voting process, the Commission may explore other more

efficient, reliable and secure modes or systems, ensuring

the secrecy and sanctity of the entire process, whether

paper-based,

electronic-based

or

internet-based

technology or such other latest technology available, for

onsite and remote registration and elections and submit

reports

and/or

recommendations

to

the

Joint

Congressional Oversight Committee. (as created by RA

No 10590)

Section 29. Procurement of Facilities, Equipment,

Materials, Supplies or Services. — To achieve the purpose

of this Act, the Commission may, likewise, procure from

local or foreign sources, through purchase, lease, rent or

other forms of acquisition, hardware or software, facilities,

equipment, materials, supplies or services in accordance

with existing laws, free from taxes and import duties,

subject

to

government

procurement

rules

and

regulations. (as created by RA No 10590)

Section 30. Establishment of an Office for Overseas

Voting

(OFOV)

Under

the

Commission.

—

The

Commission is hereby authorized to establish an OFOV

tasked specifically to oversee and supervise the effective

implementation of the Overseas Voting Act: Provided,

That

its

secretariat

shall

come

from

the

existing

secretariat personnel of the Commission on Elections. (as

created by RA No 10590)

Section 31. Creation of the Department of Foreign

Affairs Overseas Voting Secretariat (DFA-OVS). — A

secretariat based in the DFA home office is hereby

created to assist the OFOV, and to direct, coordinate and

oversee

the

participation

of

the

DFA

in

the

implementation of the Overseas Voting Act: Provided,

That

its

secretariat

shall

come

from

the

existing

secretariat personnel of the DFA. (as created by RA No

10590)

Section

19.

Authority

of

the

Commission

to

Promulgate Rules. — (as repealed by RA No 10590)

Section

32.

Information

Campaign.

—

The

Commission, in coordination with agencies concerned,

shall undertake an information campaign to educate the

public on the manner of overseas voting for qualified

overseas voters. It may require the support and assistance

of the DFA, through the posts, the DOLE, the Department

of

Transportation

and

Communications

(DOTC),

the

Philippine

Postal

Corporation

(PPC),

the

POEA,

the

OWWA and the Commission on Filipinos Overseas.

Such information campaign shall educate the Filipino

public,

within

and

outside

the

Philippines,

on

the

Philippine Electoral System, the rights of overseas voters,

overseas voting processes and other related concerns.

Information

materials

shall

be

developed

by

the

Commission

for

distribution,

through

the

said

government

agencies

and

private

organizations.

No

government agency shall prepare, print, distribute or post

any information material without the prior approval of the

Commission. (20a) (as amended by RA No 10590)

Section

33.

Access

to

Official

Records

and

Documents. — Subject to the pertinent provisions of this

Act, any person shall have the right to access and/or copy

at his expense all registration records, voters lists and

other

official

records

and

documents,

subject

to

reasonable

regulations

as

may

be

imposed

by

the

Commission. (21a)

Section 34. Assistance from Government Agencies.

— All government officers, particularly from the DFA, the

DOLE, the DOTC, the PPC, the POEA, the OWWA, the

Commission on Filipinos Overseas and other government

offices

concerned

with

the

welfare

of

the

Filipinos

overseas

shall,

to

the

extent

compatible

with

their

primary responsibilities, assist the Commission in carrying

out the provisions of this Act. All such agencies or officers

thereof shall take reasonable measures to expedite all

election activities, which the Commission shall require of

them.

When

necessary,

the

Commission

may

send

supervisory teams headed by career officers to assist the

posts.

Likewise, consular and diplomatic services rendered

in connection with the overseas voting processes shall be

made available at no cost to the overseas voters. (22a) (as

amended by RA No 10590)

Section 35. Security Measures to Safeguard the

Secrecy and Sanctity of Ballots. — At all stages of the

electoral process, the Commission shall ensure that the

secrecy and integrity of the ballots are preserved. The

OFOV

of

the

Commission

shall

be

responsible

for

ensuring the secrecy and sanctity of the overseas voting

process. In the interest of transparency, all necessary and

practicable

measures

shall

be

adopted

to

allow

representation

of

the

candidates,

accredited

major

political

parties,

accredited

citizens'

arms

and

nongovernment organizations to assist, and intervene in

appropriate cases, in all stages of the electoral exercise

and to prevent any and all forms of fraud and coercion.

"No officer or member of the foreign service corps,

including those belonging to attached agencies shall be

transferred, promoted, extended, recalled or otherwise

moved from his current post or position one (1) year

before and three (3) months after the day of elections,

except upon the approval of the Commission.

(23a) (as

amended by RA No 10590)

Section 36. Prohibited Acts. — In addition to the

prohibited acts provided by law, it shall be unlawful:

36.1. For any officer or employee of the Philippine

government to influence or attempt to influence any

person covered by this Act to vote, or not to vote, for a

particular candidate. Nothing in this Act shall be deemed

to

prohibit

free

discussion

regarding

politics

or

candidates for public office;

36.2. For any person to deprive another of any right

secured in this Act, or to give false information as to one's

name, address, or period of residence for the purposes of

establishing the eligibility or ineligibility to register or vote

under this Act; or to conspire with another person for the

purpose of encouraging the giving of false information in

order to establish the eligibility or ineligibility of any

individual to register or vote under this Act; or, to pay, or

offer to pay, or to accept payment either for application

for registration, or for voting;

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