Article 99p. 99

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

1) When the issue involves the illegal composition or

proceedings

of the board of canvassers as when a

majority

or

all

of

the

members

do

not hold legal

appointments

or are in fact usurpers; or when the

canvassing

has

been

a

mere

ceremony

that

was

pre-determined and manipulated to result in nothing but

a sham canvassing as where there was convergence of

circumstances of precipitate canvassing, terrorism, lack of

sufficient

notice

to

the

members

of

the

board

of

canvassers and disregard of manifest irregularities on the

face of the questioned returns or certificates of canvass in

appropriate cases;

2) When the issue involves the correction of manifest

errors in the tabulation or tallying of the results during

the canvassing as where (1) a copy of the election returns

or certificate of canvass was tabulated more than once,

(2) two or more copies of the election returns of one

precinct, or two or more copies of certificate of canvass

were tabulated separately, (3) there has been a mistake in

the copying of the figures into the statement of votes or

into the certificate of canvass, or (4) so-called returns

from non-existent precincts were included in the canvass,

and such errors could not have been discovered during

the canvassing despite the exercise of due diligence and

proclamation of the winning candidates had already

been made.

(b) If the petition involves the illegal composition or

proceedings of the board under subparagraph (1) of

paragraph (a) above, it must be filed immediately when

the board begins to act as such, or at the time of the

appointment of the member whose capacity to sit as

such is objected to if it comes after the canvassing of the

board,

or

immediately

at

the

point

where

the

proceedings are or begin to be illegal.

If the petition is for correction, it must be filed not

later than five (5) days following the date of proclamation

and most implead all candidates who may be adversely

affected thereby.

(c) Upon the docketing of such petition, the Clerk of

Court concerned shall forthwith issue summons, with a

copy of the petition, to the respondents.

(d) The Clerk of Court concerned shall immediately

set the petition for hearing.

(e) The petition shall be heard and decided by the

Commission en banc.

(f) When the petition involves the composition or

proceedings of the board, the board of canvassers shall

not commence, proceed or resume the canvass unless

otherwise ordered by the Commission.

Section 6. Rights of Political Parties and Candidates

Before the Board of Canvassers in Pre-Proclamation

Cases. — (a) Any registered political party, organization, or

coalition of political parties, through their representatives,

and any candidate, has the right to be present and to

counsel

during

the

canvass

of

election

returns,

or

certificates of canvass in appropriate cases.

Only one counsel may argue for each registered

political party, organization, or coalition of political parties,

or candidate. Counsel shall have the right to examine the

election

returns

or

certificates

of

canvass

being

canvassed

without

touching

them,

make

their

observations

thereon,

and

file

their

challenges

and

objections thereto.

No dilatory action shall be allowed by the board of

canvassers

which

may

impose

time

limits

for

oral

argument.

(b) Any registered political party, organization, or

coalition of political parties, through their representatives

and any candidate is entitled to obtain a copy of the

Statement of Votes per precinct and a copy of the

certificate of canvass duly signed by all the members of

the board of canvassers.

Section 7. Correction of Errors in Tabulation or

Tallying of Results by the Board of Canvassers. — (a)

Where

it

is

clearly shown before proclamation that

manifest errors were committed in the tabulation or

tallying of election returns, or certificates of canvass,

during the canvassing as where (1) a copy of the election

returns of one precinct or two or more copies of a

certificate of canvass were tabulated more than once, (2)

two copies of the election returns or certificate of canvass

were tabulated separately, (3) there was a mistake in the

adding or copying of the figures into the certificate of

canvass or into the statement of votes by precinct, or (4)

so-called election returns from non-existent precincts

were included in the canvass, the board may motu

proprio,

or

upon verified petition by any candidate,

political party, organization or coalition or political parties,

after

due

notice

and

hearing,

correct

the

errors

committed.

(b) The order for correction must be made in writing

and must be promulgated.

(c) Any candidate, political party, organization or

coalition of political parties aggrieved by said order may

appeal therefrom to the Commission within twenty-four

(24) hours from the promulgation.

(d) Once an appeal is made, the board of canvassers

shall not proclaim the winning candidates, unless their

votes are not affected by the appeal.

(e) The appeal must implead as respondents the

Board of Canvassers concerned and all parties who may

be adversely affected thereby.

(f) Upon receipt of the appeal, the Clerk of Court

concerned shall forthwith issue summons, together with

a copy of the appeal, to the respondents.

(g) The Clerk of Court concerned shall immediately

set the appeal for hearing.

(h) The appeal shall be heard and decided by the

Commission en banc.

Section

8.

Procedure

Before

the

Board

of

Canvassers When Composition or Proceedings of Board

are

Contested .

—

(a)

When

the

composition

or

proceeding of the board of canvassers, are contested the

board of canvassers shall, within twenty-four (24) hours,

make a ruling thereon with notice to the contestant who,

if adversely affected, may appeal the matter to the

Commission within three (3) days after the ruling with

proper notice to the board of canvassers. The Commission

en banc shall summarily decide the case within five (5)

days from the filing thereof.

(b) Upon receipt of such appeal, the Clerk of Court

concerned shall immediately set the case for hearing,

with due notice to the parties, by the Commission en

banc.

(c) During the pendency of the appeal, the board of

canvassers shall immediately suspend the canvass until

the Commission orders the continuation or resumption

thereof.

Section 9. Procedure Before Board of Canvassers

When Inclusion or Exclusion of Election Returns are

Contested. — (a) Any candidate, registered political party,

organization or coalition or political parties contesting the

inclusion or exclusion in the canvass of any election

returns on any of the grounds provided in Section 3 of

this Rule or by law, shall present or submit their oral

objection to the Chairman of the Board of Canvassers,

stating the grounds therefor, at the time the contested

returns is opened or presented for inclusion or exclusion.

(b) The objections must be faithfully recorded, noted

and entered in the minutes of the canvassing indicating

therein the date and hour the objection was made.

(c) The board shall automatically defer the canvass of

the contested returns, after recording separately the

results therein, and shall proceed to canvass the other

returns which are not contested.

(d)

Simultaneously

with

the

oral

objection,

the

objecting party shall also enter his objection in the form

for

written

objections

to

be

prescribed

by

the

© Compiled by RGL

99 of 99