Article 9p. 9

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

In case the number of public elementary school

teachers is inadequate, the Commission shall designate

the chairman and members of the barangay board of

canvassers from among the board of election tellers.

(2) The barangay board of canvassers shall meet

immediately in a building where a polling place is found

and which is most centrally located in the barangay and

after canvassing the results from the various polling

places within the barangay, proclaim the winners. The

board of canvassers shall accomplish the certificate of

proclamation in triplicate on a form to be prescribed by

the Commission. The original of the certificate shall be

sent to the election registrar concerned, the second copy

shall be delivered to the secretary of the sangguniang

bayan or sangguniang panlungsod, as the case may be,

and the third copy shall be kept on file by the secretary of

the sangguniang barangay.

(3) In a barangay where there is only one polling

place, the barangay board of election tellers shall also be

the barangay board of canvassers.

Section 47. Activities during the campaign period.

— During the campaign period, the punong barangay if

he is not a candidate, or any resident of the barangay

designated

by

the

Commission,

shall

convene

the

barangay assembly at least once for the purpose of

allowing the candidates to appear at a joint meeting duly

called, upon proper and with at least two days notice, to

explain to the barangay voters their respective program

of

administration,

their

qualifications,

and

other

information that may help enlighten voters in casting

their votes.

The members of the barangay assembly may take up

and discuss other matters relative to the election of

barangay officials.

Section 48. Watchers. — Candidates may appoint

two watchers each, to serve alternately, in every polling

place within the barangay, who shall be furnished with a

signed copy of the results of the election, in such form as

the Commission may prescribe, immediately after the

completion of the canvass.

Section

49.

Inclusion

and

exclusion

cases.

—

Inclusion and exclusion cases which shall be decided not

later than seven before the date of the election shall be

within the exclusive original jurisdiction of the municipal

or metropolitan trial court. The notice of such decision

shall be served to all parties within twenty-four hours

following

its

promulgation

and

any

party

adversely

affected may appeal therefrom within twenty-four hours

to the regional trial court which shall finally decide the

same not later than two days before the date of the

election.

Section 50. Funding. — Local governments shall

appropriate such funds to defray such necessary and

reasonable expenses of the members of the board of

election tellers, board of canvassers and the printing of

election

forms

and

procurement

of

other

election

paraphernalia, and the installation of polling booths.

Section 51. Penalties. — Violations of any provisions

of this Article shall constitute prohibited acts and shall be

prosecuted

and

penalized

in

accordance

with

the

provisions of this Code.

ARTICLE VII THE COMMISSION ON ELECTIONS

Section

52.

Powers

and

functions

of

the

Commission on Elections. — In addition to the powers

and functions conferred upon it buy the constitution the

commission

shall

have

exclusive

charge

of

the

enforcement and administration of all laws relative to

conduct of elections for the purpose of ensuring free,

orderly

and

honest

elections,

except

as

otherwise

provided herein and shall: ( as amended by RA No 9369)

(a) Exercise direct and immediate supervision and

control over national and local officials or employees,

including

members

of

any

national

or

local

law

enforcement

agency

and

instrumentality

of

the

government required by law to perform duties relative to

the conduct of elections. In addition, it may authorize

CMT cadets eighteen years of age and above to act as its

deputies for the purpose of enforcing its orders.

The Commission may relieve any officer or employee

referred

to

in

the

preceding

paragraph

from

the

performance of his duties relating to electoral processes

who violates the election law or fails to comply with its

instructions, orders, decisions or rulings, and appoint his

substitute. Upon recommendation of the Commission,

the corresponding proper authority shall suspend or

remove

from

office

any

or

all

of

such

officers

or

employees who may, after due process, be found guilty of

such violation or failure.

(b) During the period of the campaign and ending

thirty days thereafter, when in any area of the country

there

are

persons

committing

acts

of

terrorism

to

influence people to vote for or against any candidate or

political party, the Commission shall have the power to

authorize any member or members of the Armed Forces

of the Philippines, the National Bureau of Investigation,

the Integrated National Police or any similar agency or

instrumentality of the government, except civilian home

defense forces, to act as deputies for the purpose of

ensuring the holding of free, orderly and honest elections.

(c) Promulgate rules and regulations implementing

the provisions of this Code or other laws which the

Commission is required to enforce and administer, and

require the payment of legal fees and collect the same in

payment of any business done in the Commission, at

rates

that

it

may

provide

and

fix in its rules and

regulations.

Rules

and

regulations

promulgated

by

the

Commission to implement the provisions of this Code

shall take effect on the sixteenth day after publication in

the Official Gazette or in at least daily newspapers of

general circulation. Orders and directives issued by the

Commission pursuant to said rules and regulations shall

be furnished by personal delivery to accredited political

parties within forty-eight hours of issuance and shall take

effect immediately upon receipt.

In case of conflict between rules, regulations, orders

or directives of the Commission in the exercise of its

constitutional powers and those issued by any other

administrative

office

or

agency

of

the

government

concerning the same matter relative to elections, the

former shall prevail.

(d) Summon the parties to a controversy pending

before it, issue subpoena and subpoena duces tecum,

and take testimony in any investigation or hearing before

it,

and

delegate

such

power

to

any

officer of the

Commission who shall be a member of the Philippine

Bar.

In

case

of

failure

of

a witness to attend, the

Commission, upon proof of service of the subpoena to

said witnesses, may issue a warrant to arrest witness and

bring him before the Commission or the officer before

whom his attendance is required.

Any controversy submitted to the Commission shall,

after compliance with the requirements of due process,

be immediately heard and decided by it within sixty days

from submission thereof. No decision or resolution shall

be rendered by the Commission either en banc or by

division unless taken up in a formal session properly

convened for the purpose.

The Commission may, when necessary, avail of the

assistance of any national or local law enforcement

agency and/or instrumentality of the government to

execute under its direct and immediate supervision any

of its final decisions, orders, instructions or rulings.

(e) Punish contempts provided for in the Rules of

Court in the same procedure and with the same penalties

provided therein. Any violation of any final and executory

decision,

order

or

ruling

of

the

Commission

shall

constitute contempt thereof.

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