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Case: PURISIMA V. SALONGAAMANTE P. PURISIMA, petitioner,vs.HON. ANGELINO C. SALANGA, Judge of the Court of FirstInstance of Ilocos Sur. THE PROVINCIAL BOARD OFCANVASSERS, THE COMMISSION ON ELECTIONS andGREGORIO CORDERO, respondents.

Jose W. Diokno for petitioner.Provincial Fiscal Juvenal K. Guerrero for respondent ProvincialBoard of Canvassers

In the election of November 12, 1963, Amante Purisima andGregorio Cordero were among the candidates for any of the threeoffices of Provincial Board Member of Ilocos Sur. After the election oron November 25, 1963 the provincial board of canvassers met andstarted canvassing the returns for said office.

Purisima noted during the canvass that the returns fromsome precincts, forty-one (41) in all, showed on their face that thewords and figures for Corderos votes had been obviously andmanifestly erased and superimposed with other words and figures.For purposes of comparison, the Nacionalista Party copies of thereturns for the aforesaid precincts were submitted to the board. Adiscrepancy of 5,042 votes in favor of Cordero was thereby found,thus:

Provincial Treasurers copy: 7,277 votes for CorderoNacionalista Partys copy: 2,235 votes for Cordero

A request for suspension of the canvass was thereupon

made by Purisima. The board of canvassers denied said request uponthe ground that it was not yet ascertainable if the discrepancies wouldmaterially affect the result. Canvass proceeded.

After the returns had all been read, the result for the office ofthird (and last) member of the Provincial Board was the following:

Cordero: 41,229 votesPurisima: 39,372 votes.Difference: 1,857 votesPurisima again called attention to the erasures and

discrepancies and asked for suspension of canvass for him to haverecourse to judicial remedy. Denying said request, the board ofcanvassers finished the canvass and proclaimed Cordero the winner.

Purisima filed a petition in the Commission on Elections toannul the canvass and proclamation above-mentioned. TheCommission on Elections issued a resolution annulling the canvassand proclamation, as regards Cordero and Purisima.

Purisima filed in the Court of First Instance a petition forrecount under Section 163 of the Revised Election Code.Subsequently, motions to dismiss the same were filed by the board ofcanvassers and by Cordero. In his motion to dismiss, Cordero admittedthe erasures and discrepancies on the face of the returns from 41precincts, but denied that said erasures were due to tampering orfalsification.

After a preliminary hearing on the motions to dismiss, theCourt of First Instance dismissed the petition for recount. Cordero filedin the Commission on Elections a motion for resumption of thecanvass.

Purisima moved for reconsideration of the Court of FirstInstances order of dismissal. In the same case, he also filed a petitionfor preliminary injunction to restrain the holding of another canvass.

Annexed to said petition were certified photostatic copies of theComelecs copies of the returns from the 41 precincts in question.Furthermore, Purisima filed with the Commission on Elections, on

January 11, an opposition to the resumption of the canvass.Alleging that the Commission on Elections was about to

order the canvass resumed, Purisima came to this Court by petition forcertiorari with preliminary injunction. Petitioner asked that the lowercourts order dismissing his petition for recount be set aside and thatthe Commission on Elections be enjoined from ordering resumption ofthe canvass until after the judicial recount.

We ordered respondents to answer, and allowed preliminaryinjunction to be issued as prayed for upon the posting of a bond ofP500.00. After respondents filed their answer the case was heard andsubmitted for decision.

The requisites for judicial recount are set forth in Section 163of the Revised Election Code:

When statements of precinct are contradictory. In case itappears to the provincial board of canvassers that another copy orother authentic copies of the statement from an election precinct

submitted to the board give to a candidate a different number of votesand the difference affects the result of the election, the Court of FirsInstance of the province, upon motion of the board or of any candidateaffected, may proceed to recount the votes cast in the precinct for thesole purpose of determining which is the true statement or which is thetrue result of the count of the votes cast in said precinct for the office inquestion. Notice of such proceeding shall be given to all candidatesaffected.

In dismissing the petition for recount, respondent Judgestated that some of the requisites were not present, namely: first, that iappears to the provincial board of canvassers that a discrepancyexists; second, that said discrepancy is between the copy submitted to

the board and another authentic copy thereof; third, that said authenticcopy must also be submitted to the board.

First of all, it is not disputed that a candidate affected can filethe petition for recount, even if he does so alone, without theconcurrence of the provincial board of canvassers (Cawa v. DeRosario, L-16837-40, May 30,1960). From the fact, therefore, that theprovincial board of canvassers has not petitioned for a recount icannot be inferred that they were not convinced a discrepancy existed.In fact, when Purisima first called attention to the discrepancy betweenthe Nacionalista Party copies and the Provincial Treasurers copiesthe board of canvassers admitted the discrepancy but stated that iwas not yet ascertainable whether the discrepancy would amount toenough votes as to affect the result. There is no more question nowthat the number of votes involved in said discrepancy is more thanenough to alter the result.

Finally, in the motion to dismiss filed by the board ofcanvassers, the existence of the discrepancy is not disputed, and the

board merely raises the defense that the recount is up to the court andnot to said board (Annex D, Petition).

Passing on to the next point, the basis of the petition forrecount was not merely a discrepancy between the Nacionalista Partycopies and the Provincial Treasurers copies of the returns. Paragraph8 of said petition shows that, in addition, the Commission on Electionscopies were relied upon:

That as a result of the aforesaid erasures, tampering andapparent falsifications, there exist discrepancies between theProvincial Treasurers copies (the basis of the canvass) of the electionreturns in the precincts in question, on one hand, and the copiespertaining to the Nacionalista Party and those pertaining to theCommission on Elections, on the other, and that said discrepanciesmaterially affect the result of the election as between herein petitionerand respondent Gregorio Cordero;

Accordingly, even assuming for the nonce a point we do

not here decidethat the Nacionalista Party copies are not copies thamay be the basis of a petition for recount, the fact remains that theCommission on Elections copies were said to reflect the samediscrepancy with the Provincial Treasurers copies. It is settled that theCommission on Elections copies are authentic copies within themeaning of Section 163 of the Revised Election Code (Laws in vEscalona, L-22540, July 31, 1964; Matanog v. Alejandro, L-22502-08June 30, 1964.)

The trial court. however, ruled that the Commission onElections copies had no application to the petition for recount becausethey were not submitted to the board of canvassers. The recorddefinitely shows that the reason why Purisima was not able to submito the board said Commission on Elections copies was b ecause theboard declined to suspend the canvass and proclamation.

It is the duty of the board of canvassers to suspend thecanvass in case of patent irregularity in the election returns. In thepresent case, there were patent erasures and superimpositions, in

words and figures on the face of the election returns submitted to theboard of canvassers. It was therefore imperative for the board to stopthe canvass so as to allow time for verification of authentic copies andrecourse to the courts (Javier v. Commission on Elections, L-22248January 30, 1965). A canvass or proclamation made notwithstandingsuch patent defects, without awaiting proper remedies, is null and void(Ibid.). In fact, as stated, the Commission on Elections declared thecanvass and proclamation, made by respondent provincial board ocanvassers, null and void.

Since the board of canvassers prevented Purisima fromsecuring the Commission on Elections copies of the returns toestablish a discrepancy between them and the Provincial Treasurerscopies, the failure to submit the Commission on Elections copies tosaid board should not prejudice Purisimas right to petition for recounbefore the court. It was therefore grave abuse of discretion forrespondent court to refuse to consider the Commission on Elections


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copies, regardless of the patent and admitted irregularities on the faceof the Provincial Treasurers copies and the alleged discrepancyamounting to thousands of votes sufficient to affect the results.Interpretation of election laws should give effect to the expressed willof the electorate. Patent erasures and superimpositions in words andfigures of the votes stated in the election returns strike at the reliabilityof said returns as basis for canvass and proclamation. A comparisonwith the other copies, and, in case of discrepancy, a recount, is theonly way to remove grave doubts as to the correctness of said returnsas well as of ascertaining that they reflect the will of the people.

WHEREFORE, the dismissal of the petition for recount is setaside, respondent Judge is ordered to proceed with the petition for

recount, and respondents Commission on Elections and ProvincialBoard of Canvassers are enjoined, until after the termination ofproceedings in the petition for recount, from ordering or holdinganother canvass and proclamation as between petitioner Purisima andrespondent Cordero.

Case: CAUTON V. COMELECLUCAS V. CAUTON, petitioner,vs.COMMISSION ON ELECTIONS and PABLO SANIDAD,respondents.Antonio Barredo for petitioner.Ramon Barrios for respondent Commission on Elections.Pablo C. Sanidad and F. D. Villanueva and Associates forrespondent Sanidad.ZALDIVAR, J.:

In the national elections held on November 9, 1965,

petitioner Lucas V. Cauton and respondent Pablo Sanidad, along withGodofredo S. Reyes, were candidates for the office of Representativein the second congressional district of Ilocos Sur.

During the canvass by the Provincial Board of Canvassers ofIlocos Sur of the votes cast for the candidates for Representative in thesecond congressional district of Ilocos Sur, and particularly after theBoard had opened the envelopes containing the copies of the electionreturns from each of the election precincts in the municipalities ofCandon, Santiago and Sta. Cruz that were presented by the ProvincialTreasurer of Ilocos Sur to the Board, respondent Sanidad brought tothe attention of the Board the fact that the entries of votes for thecandidates for Representative in those copies of the election returnsthat came from the envelopes presented by the provincial treasurerdiffered from the entries appearing in the copies of the returns from thesame election precincts that were in the possession of the LiberalParty.

Respondent Sanidad filed a petition with the Commission onElections praying for the opening of the ballot boxes in all the precinctsof Candon, Santiago and Sta. Cruz, in order to retrieve the electionreturns deposited therein so that those election returns might be usedin the canvass of the votes for the candidates for Representative in thesecond district of Ilocos Sur, and that in the meantime the ProvincialBoard of Canvassers of Ilocos Sur be ordered to refrain fromproclaiming the winning candidate for the office of Representative insaid district. The Commission on Elections issued the restraining orderprayed for by respondent Sanidad and set his petition for hearing.

After hearing, the Commission on Elections found "that it hadbeen clearly established that the copies of the election returns for theMunicipal Treasurer, for the Commission on Elections and for theProvincial Treasurer for the municipality of Santa Cruz have uniformalterations in the entries of the votes cast for representative showingdifferent number of votes compared with the Liberal Party copies, whilethe copies of the election returns for the Commission on Elections and

the Provincial Treasurer for the municipalities of Candon and Santiagohave likewise uniform alterations and showing different numberscompared with the Liberal Party copies ...."1The copies of the electionreturns that were furnished the municipal treasurers of Candon andSantiago were never verified because the municipal treasurers ofthose two municipalities did not comply with the subpoena ducestecum issued by the Commission on Elections directing them to bringto the Commission the copies of the election returns of the precincts intheir respective municipalities that were in their possession.

On December 22, 1965, respondent Commission onElections issued an order providing, among others, that... to enable theaggrieved party to establish discrepancy between copies of theelection returns provided by law in the aforementioned precincts for thepurpose of obtaining judicial remedy under the provisions of Section163 of the Revised Election Code, the Commission Resolved ... todirect immediately the opening of the ballot boxes of the municipalities

of Candon, Sta. Cruz and Santiago which are now impounded andunder the custody of the Zone Commander of the 1st PC Zone inCamp Olivas, San Fernando, Pampanga solely for the purpose oretrieving therefrom the corresponding election returns, copies for theballot box, in all the precincts of said municipalities.Pursuant to the instructions of respondent Commission, contained inthe resolution of December 22, 1965, the ballot boxes from all theprecincts in the municipalities of Candon, Sta. Cruz and Santiago wereopened by the Chief of the Law Enforcement Division of theCommission, Atty. Fernando Gorospe, Jr., in the presence ofwitnesses, and the envelopes containing the election returns foundinside the ballot boxes were taken and brought to Manila on Decembe

23, 1965.On the same date, December 23, 1965, herein petitioner

Lucas V. Cauton, filed before this Court a petition for certiorari andprohibition with preliminary injunction, praying that the resolution of therespondent Commission on Elections dated December 22, 1965ordering the opening of the ballot boxes used in all the precincts oCandon, Sta. Cruz and Santiago in the elections of November 9, 1965be annulled and set aside. The petition further prays that theCommission on Elections be restrained from opening, the envelopescontaining the election returns found in the afore-mentioned balloboxes and be ordered to return the said envelopes to thecorresponding ballot boxes. In his petition, petitioner alleges that therespondent Commission on Elections acted without or in excess of its

jurisdiction in issuing the resolution of December 22, 1965. This Courgave due course to the petition, but did not issue the writ of preliminaryinjunction prayed for. This petition is now the case before Us.

Upon instructions by respondent Commission on Elections

on December 28, 1966, the envelopes that were taken from the ballotboxes were opened and the election returns were taken out and theicontents examined and recorded by a committee appointed by theCommission. This was done in a formal hearing with notice to theparties concerned.

Respondent Pablo C. Sanidad filed his answer to instanpetition on January 5, 1966, admitting some of the allegations anddenying others, and maintaining that the Commission on Elections hadacted well within the bounds of its authority in issuing the order ofDecember 22, 1965. Respondent Commission on Elections also filedits answer on January 5, 1966, maintaining that it has authority underthe law to order the opening of the ballot boxes as stated in itsresolution of December 22, 1965.

In the meantime, on the basis of the discrepancies in theentries of the votes for the candidates for Representative, between theelection returns taken out of the ballot boxes that were opened by

order of the Commission of Elections and the election returnssubmitted by the Provincial Treasurer of Ilocos Sur to the ProvinciaBoard of Canvassers of Ilocos Sur, respondent Pablo C. Sanidad fileda petition with the Court of First Instance of Ilocos Sur, docketed asElection Case No. 16-N, for a recount of the votes in all the precincts oCandon, Sta. Cruz and Santiago, pursuant to the provisions of Section163 of the Revised Election Code.

On February 14, 1966, petitioner filed before this Court inurgent motion, in this case, praying for the issuance of an orderenjoining the Court of First Instance of Ilocos Sur (Branch II-Narvacanfrom further proceeding with Election Case No. 16-N, abovementionedpending final decision of the instance case, upon the ground that therecount of the ballots in that case in the court below would render theinstant case moot and academic. This motion was denied by this Courin a resolution dated February 17, 1966.

The principal issue in the present case revolves on the of theresolution of the respondent Commission of Elections, dated

December 22, 1965, which orders the opening of the ballot boxes usedin all the precincts in the municipalities of Candon, Sta. Cruz andSantiago, Ilocos Sur, during the elections of November 9, 1965 for thepurpose of retrieving therefrom the corresponding election returnscopies for the ballot box, "to enable the aggrieved party to establishdiscrepancy between copies of the election returns provided by law inthe aforementioned precincts for the purpose of obtaining judiciaremedy under the provisions of Section 163 of the Revised ElectionCode."

It is the stand of the petitioner that respondent Commissionon Elections is without jurisdiction to issue, or has acted in excess o

jurisdiction in issuing, the resolution in question, so that said resolutionis null and void and should not be given legal force and effect. Thepetitioner contends that under Section 157 of the Revised ElectionCode the Commission on Elections has authority to order the openingof the ballot boxes "only in connection with an investigation conducted


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for the purpose of helping the prosecution of any violation of theelection laws or for the purely administrative purpose but not when thesole purpose is, as in this case, to assist a party in trying to win theelection ...." The petitioner further, contends that "the mere fact that thecopies of the returns in the precincts in question in the possession ofthe Liberal Party do not tally with the returns involving the sameprecincts in the possession of the Provincial Treasurer, theCommission of Elections and the Nacionalista Party as well does notlegally support the validity of the resolution of the respondentCommission in question ...."2

We cannot sustain the stand of the petitioner. We believethat in issuing the resolution in question the Commission on Elections

simply performed a function as authorized by the Constitution, that is,to "have exclusive charge of the enforcement and administration of alllaws relative to the conduct of elections and ... exercise all otherfunctions which may be conferred upon it by law." The Commissionhas the power to decide all administrative questions affecting elections,except the question involving the right to vote.3

This Court in a line of decisions has ruled that theCommission on Election has the power to investigate and act on thepropriety or legality of the canvass of election returns made by theboard of canvassers. In the case of Albano vs. Arranz, L-19260,January 31, 1962, this Court, through Mr. Justice J.B.L. Reyes, held asfollows:

The suspension of the proclamation of the winning candidatepending an inquiry into irregularities brought to the attention of theCommission on Elections was well within its administrative jurisdiction,in view of the exclusive authority conferred upon it by the Constitution(Art. X ) for the administration and enforcement of all laws relative to

elections. The Commission certainly had the right to inquire whether ornot discrepancies existed between the various copies of electionreturns for the precincts in question, and suspend the canvass all themeantime so the parties could ask for a recount in case of variance ....'What the respondent Commission on Elections did in the case nowbefore Us is just what is contemplated in the abovequoted ruling of thisCourt. The power of the Commission on Elections in this respect issimply administrative and supervisory intended to secure theproclamation of the winning candidate based on the true count of thevotes cast. When the Commission on Elections exercises this powerthe purpose is not for the Commission to help a candidate win theelection but to bring about the canvass of the true results of theelections as certified by the boards of election inspectors in everyprecinct. The object of the canvass is to determine the result of theelections based on the official election returns. In order that the resultof the canvass would reflect the true expression of the people's will in

the choice of their elective officials, the canvass must be based ontrue, genuine, correct, nay untampered, election returns. It is in thisproceedings that the Commission on Elections exercises itssupervisory and administrative power in the enforcement of lawsrelative to the conduct of elections, by seeing to it that the canvass isbased on the election returns as actually certified by the members ofthe board of inspectors. Once the Commission on Elections isconvinced that the elections returns in the hands of the board ofcanvassers do not constitute the proper basis in ascertaining the trueresult of the elections, it should be its concern, nay its duty, to orderthe taking of such steps as may be necessary in order that the properbasis for the canvass is obtained or made available.

The election law requires the board of inspectors to preparefour copies of the election return in each precinct one to bedeposited in the ballot box, one to be delivered to the municipaltreasurer, one to be sent to the provincial treasurer, and one to be sentto the Commission on Elections. In the case of the canvass of the

election returns for candidates for provincial or national offices, theelection returns received by the provincial treasurer from the boards ofinspectors are used. It is the duty of the provincial treasurer to turnover to the provincial board of canvassers the election returns receivedby him from the boards of inspectors. If the Commission on Elections isduly informed and it so finds, in appropriate proceedings, that theelection returns in the hands of the provincial treasurer are tampered,then the Commission should afford the candidate adversely affected bythe tampering an opportunity to show that there exist authentic copiesof the same election returns which are not tampered. A recourse maybe had to the copies received by the Commission on Elections and tothe copies received by the municipal treasurer. If it is shown, that thecopies in the hands of the Commission on Elections and of themunicipal treasurer are similarly tampered as the copies in the handsof the provincial treasurer, then it becomes evident that all the threecopies of the election returns outside the ballot box do not constitute a

reliable basis for a canvass. The only copies left to be checkedwhether they are also tampered or not, are the ones inside the balloboxes. Certainly, the Commission on Elections, in the exercise of itspower to administer and enforce the laws relative to the conduct oelections, may order the opening of the ballot boxes to ascertainwhether the copy inside each ballot box is also tampered like the threecopies outside the ballot box, corresponding to each precinct. TheCommission on Elections may do this on its own initiative, or uponpetition by the proper party. Once it is found that the copy of theelection return inside the ballot box is untampered, the Commission onElections would then have accomplished two things, namely: (1secured a basis for the prosecution for the violation of the laws relative

to elections, and (2) afforded the party aggrieved by the alteration othe election returns outside the ballot box a basis for a judicial recountof the votes as provided for in Section 163 of the Revised ElectionCode. Thus, the Commission on Elections has thereby made availablethe proper and reliable basis for the canvass of the votes that will leadto the proclamation by the board of canvassers of the true winner inthe elections. In so doing the Commission on Elections, as we havesaid, had performed its constitutional duty of administering andenforcing the laws relative to the conduct of elections with a view topromoting clean and honest elections the very purpose for whichthe Commission on Elections was created by constitutional mandate.In the case now before Us, the Commission on Elections issued thequestioned resolution "after hearing the arguments of the petitioneand the opposition thereto and considering that it has been clearlyestablished that the copies of the election returns for the MunicipaTreasurer, for the Commission on Elections and for the ProvinciaTreasurer for the municipality of Sta. Cruz have uniform alteration in

the entries of the votes cast for representative showing differennumber of votes compared with the Liberal Party copies, while thecopies of the election returns for the Commission of Elections and theProvincial Treasurer for the municipalities of Candon and Santiagohave likewise uniform alterations and showing different numberscompared with the Liberal Party copies ..."5Indeed, in the face of thisfinding by the Commission on Elections, which indicates a clearviolation of the election law, and which indicates an attempt to procurethe proclamation of the winner in the elections for Representative inthe second congressional district of Ilocos Sur by the use of tamperedelection returns, can the Commission on Elections be remiss in theperformance of its duties as a constitutional body committed with theexclusive charge of the enforcement and administration of all lawsrelative to the conduct of elections? The Revised Election Code givesto the Commission on Elections the direct and immediate supervisionover provincial, municipal and city officials designated by law to

perform duties relative to the conduct of elections and includedamong these officials are members of the provincial board ocanvassers.6The provincial board of canvassers is enjoined by law tocanvass all the votes cast for Representatives on the basis of theelection returns produced by the provincial treasurer.7The Commissionon Elections has a duty to enforce this law and it has the duty to see toit that the election returns to be used for canvassing must be genuineand authentic, not falsified or tampered with. Where the electionreturns produced by the provincial treasurer have been shown to havebeen tampered, and all the other copies outside the ballot boxes havealso been shown to have been tampered or falsified, it is certainlywithin the power of the Commission on Elections to issue such ordeas would ascertain the existence of the genuine, authentic anduntampered election returns, and thus open the way for the summaryrecount of the votes, in accordance with law, for the purposes only othe canvass of the votes and the proclamation of the candidate foundto have obtained the highest number of votes. In the case now before

Us, it is found by the Commission on Elections that no other copiescan be had except those deposited in the ballot boxes. Hence, thenecessity for the Commission to order the retrieving of the copies othe election returns from the ballot boxes. An order to this effect doesnot affect the right to vote or the validity of any vote cast, so that it isperfectly within the power of the Commission on Elections to issuesuch an order in the exercise of its exclusive power to administer andenforce the laws relative to the conduct of elections. It would indeed beabsurd to say that the Commission on Elections has a legal duty toperform and at the same time it is denied the necessary means toperform said duty.

The purpose of the Revised Election Code is to protect theintegrity of elections and to suppress all evils that may violate its purityand defeat the will of the voters.8The purity of the elections is one ofthe most fundamental requisites of popular government.9TheCommission on Elections, by constitutional mandate, must do


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everything in its power to secure a fair and honest canvass of the votescast in the elections. In the performance of its duties, the Commissionmust be given a considerable latitude in adopting means and methodsthat will insure the accomplishment of the great objective for which itwas created to promote free, orderly, and honest elections. Thechoice of means taken by the Commission on Elections, unless theyare clearly illegal or constitute grave abuse of discretion, should not beinterfered with.10Technicalities, which are not conducive to free,orderly and honest elections, but on the contrary may defeat the will ofthe sovereign people as expressed in their votes, should not beallowed to hamper the Commission on Elections in the performance ofits duties. To sustain the petitioner in the present case is to deny the

Commission on Elections the power to retrieve the copies of theelection returns from the ballot boxes in order that the true number ofvotes cast for a candidate may be known and thus permit a canvass onthe basis of election returns that are patently falsified. We cannot, andWe must not, sanction the stand of petitioner.

As We have adverted to, the Commission on Elections hasthe power to inquire whether there exist discrepancies among thevarious copies of the election returns.11Of all the copies prepared bythe board of inspectors the copy least susceptible to being tamperedwith is the one deposited in the ballot box. Where the three copiesoutside the ballot boxes appear to have been uniformly altered, there isno plausible reason why the copy deposited in the ballot box may notbe used to determine whether discrepancies exist in the variouscopies. Inasmuch as the Commission on Elections has the right todetermine whether said discrepancies exist, it must also have the rightto consult said returns, which cannot be done unless the ballot boxesare opened. It is noteworthy that the Revised Election Code does not

provide that it is the courts that have the power to order the opening ofthe ballot box in a situation like this.

Section 157 of the Revised Election Code, on whichpetitioner herein relies in support of his stand in the present case,authorizes the opening of the ballot box whenever it is the subject of anofficial investigation. It provides:

The municipal treasurer shall keep the boxes unopened inhis possession in a secure place and under his responsibility for threemonths, unless they are the subject of an official investigation, or acomponent court or tribunal shall demand them sooner, or thecompetent authority shall order their preservation for a longer time inconnection with any pending contest or investigation.

Under this section the ballot boxes may be opened in casethere is an election contest. They may also be opened even if there isno election contest when their contents have to be used as evidence inthe prosecution of election frauds.12Moreover, they may be opened

when they are the subject of any official investigation which may beordered by a competent court or other competent authority.13The"competent authority" must include the Commission on Elections whichis charged with the administration and enforcement of the laws relativeto the conduct of elections. In the instant case the Commission onElections found that it has been clearly established that the electionreturns outside the ballot boxes, in all the precincts in the municipalitiesof Candon, Santiago and Sta. Cruz, have been tampered with. It iswithin the power of the Commission to order the investigation of thatapparent anomaly that has connection with the conduct of elections.The investigation may be in connection with the prosecution for theviolations of the election laws and at the same time to ascertain thecondition of the election returns inside the ballot boxes as comparedwith the election returns outside the ballot boxes, for the sameprecincts. The opening of the ballot boxes may, therefore, be prayedfor by a candidate who is prejudiced by the apparent falsification of theelection returns outside the ballot boxes, and in ordering the opening of

the ballot boxes the purpose of the Commission is not to help aparticular candidate win an election but to properly administer andenforce the laws relative to the conduct of elections.From what has been said We hold that the order of December 22,1965, being questioned by the petitioner in the present case, wasperfectly within the power of the Commission on Elections to issue.

Wherefore, the petition for certiorari and prohibition in thepresent case is dismissed, with costs against the petitioner. It is soordered.

Case: ROQUE V. COMELEC

Facts:

This case is a motion for reconsideration filed by the petitionersof the September 10, 2009 ruling of the Supreme Court, which denied

the petition of H. Harry L. Roque, Jr., et al. for certiorari, prohibitionand mandamus to nullify the contract-award of the 2010 Election

Automation Project to the joint venture of Total InformationManagement Corporation (TIM) and Smartmatic InternationaCorporation (Smartmatic).

In this MR, petitioners Roque, et al. are again before theSupreme Court asking that the contract award be declared null andvoid on the stated ground that it was made in violation of theConstitution, statutes, and jurisprudence. Intervening petitioner alsointerposed a similar motion, but only to pray that the Board of ElectionInspectors be ordered to manually count the ballots after the printingand electronic transmission of the election returns.

Petitioners Roque, et al., as movants herein, seek areconsideration of the September 10, 2009 Decision on the followingissues or grounds:

1. The Comelecs public pronouncements show that there isa "high probability" that there will be failure of automated elections;

2. Comelec abdicated its constitutional functions in favor oSmartmatic;

3. There is no legal framework to guide the Comelec inappreciating automated ballots in case the PCOS machines fail;

4. Respondents cannot comply with the requirements of RA8436 for a source code review;

5. Certifications submitted by private respondents as to thesuccessful use of the machines in elections abroad do not fulfill therequirement of Sec. 12 of RA 8436;

6. Private respondents will not be able to providetelecommunications facilities that will assure 100% communicationscoverage at all times during the conduct of the 2010 elections; and

7. Subcontracting the manufacture of PCOS machines to Quisdviolates the Comelecs bidding rules.

Issue: Is the motion for reconsideration meritorious?

Ruling: No.Upon taking a second hard look into the issues in the case a

bar and the arguments earnestly pressed in the instant motions, theCourt cannot grant the desired reconsideration.

Petitioners threshold argument delves on possibilities, onmatters that may or may not occur. The conjectural and speculativenature of the first issue raised is reflected in the very manner of itsformulation and by statements, such as "the public pronouncements opublic respondent COMELEC x x x clearly show that there is a highprobability that there will be automated failure of elections"; "there is ahigh probability that the use of PCOS machines in the May 2010

elections will result in failure of elections"; "the unaddressed logisticanightmaresand the lack of contingency plans that should have beencrafted as a result of a pilot testmake an automated failure oelections very probable"; and "COMELEC committed grave abuse odiscretion when it signed x x x the contract for full automation x x xdespite the likelihood of a failure of elections."

Speculations and conjectures are not equivalent to proofthey have little, if any, probative value and, surely, cannot be the basisof a sound judgment.

Petitioners, to support their speculative venture vis--vis thepossibility of Comelec going manual, have attributed certainstatements to respondent Comelec Chairman Melo, citing for thepurpose a news item on Inquirer.net, posted September 16, 2009.

Reacting to the attribution, however, respondents TIM andSmartmatic, in their comment, described the Melo pronouncements asmade in the context of Comelecs contingency plan. Petitionershowever, the same respondents added, put a misleading spin to the

Melo pronouncements by reproducing part of the news item, buomitting to make reference to his succeeding statements to arrive at aclearer and true picture.

Private respondents observation is well-taken. Indeed, it iseasy to selectively cite portions of what has been said, sometimes outof their proper context, in order to assert a misleading conclusion. Theeffect can be dangerous. Improper meaning may be deliberatelyattached to innocent views or even occasional crude comments by thesimple expediency of lifting them out of context from any publication.

Petitioners posture anent the third issue, i.e, there no islegal framework to guide Comelec in the appreciation of automatedballots or to govern manual count should PCOS machines fail, cannobe accorded cogency. First, it glosses over the continuity and back-upplans that would be implemented in case the PCOS machines falterduring the 2010 elections. The overall fallback strategy and options toaddress even the worst-case scenariothe wholesale breakdown o


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the 80,000 needed machines nationwide and of the 2,000 reservedunitshave been discussed in some detail in the Decision subject ofthis recourse. The Court need not belabor them again.

While a motion for reconsideration may tend to dwell onissues already resolved in the decision sought to be reconsideredand this should not be an obstacle for a reconsiderationthe hardreality is that petitioners have failed to raise matters substantiallyplausible or compellingly persuasive to warrant the desired course ofaction.

Significantly, petitioners, in support of their position on thelack-of-legal-framework issue, invoke the opinion of Associate, laterChief, Justice Artemio Panganiban in Loong v. Comelec, where he

made the following observations: "Resort to manual appreciation of theballots is precluded by the basic features of the automated electionsystem," and "the rules laid down in the Omnibus Election Code (OEC)for the appreciation and counting of ballots cast in a manual election xx x are inappropriate, if not downright useless, to the properappreciation and reading of the ballots used in the automated system."Without delving on its wisdom and validity, the view of JusticePanganiban thus cited came by way of a dissenting opinion. As such, itis without binding effect, a dissenting opinion being a mere expressionof the individual view of a member of the Court or other collegialadjudicating body, while disagreeing with the conclusion held by themajority.

And going to another but recycled issue, petitioners wouldhave the Court invalidate the automation contract on the ground thatthe certifications submitted by Smartmatic during the bidding, showingthat the PCOS technology has been used in elections abroad, do notcomply with Sec. 1222 of RA 8436. Presently, petitioners assert that

the system certified as having been used in New York was theDominion Image Cast, a ballot marking device.

Petitioners have obviously inserted, at this stage of the case,an entirely new factual dimension to their cause. This we cannot allowfor compelling reasons. For starters, the Court cannot plausiblyvalidate this factual assertion of petitioners. As it is, privaterespondents have even questioned the reliability of the website24whence petitioners base their assertion, albeit the former, citing thesame website, state that the Image Cast Precinct tabulation devicerefers to the Dominions PCOS machines.

Moreover, as a matter of sound established practice, pointsof law, theories, issues, and arguments not raised in the originalproceedings cannot be brought out on review. Basic considerations offair play impel this rule. The imperatives of orderly, if not speedy,

justice frown on a piecemeal presentation of evidence and on thepractice of parties of going to trial haphazardly.

Moving still to another issue, petitioners claim that "there arevery strong indications that Private Respondents will not be able toprovide for telecommunication facilities for areas without thesefacilities." This argument, being again highly speculative, is withoutevidentiary value and hardly provides a ground for the Court to nullifythe automation contract. Surely, a possible breach of a contractualstipulation is not a legal reason to prematurely rescind, much lessannul, the contract.

Finally, petitioners argue that, based on news reports,28 theTIM-Smartmatic joint venture has entered into a new contract withQuisdi, a Shanghai-based company, to manufacture on its behalf theneeded PCOS machines to fully automate the 2010 elections.29 Thisarrangement, petitioners aver, violates the bid rules proscribing sub-contracting of significant components of the automation project.

The argument is untenable, based as it is again on newsreports. Surely, petitioners cannot expect the Court to act on unverifiedreports foisted on it.

QUALIFICATIONS FOR SUFFRAGE(Sec. 1, Art. V, Constitution)

1. Filipino citizen;2. At least 18 years of age;3. Resident of the Philippines for at least one year;4. Resident of the place where he proposes to vote for at least

6 months; and5. Not otherwise disqualified by law.

- It is incumbent upon one who claims Philippine citizenship toprove to the satisfaction of the court that he is really aFilipino. No presumption can be indulged in favor of theclaimant of Philippine citizenship, and any doubt regardingcitizenship must be resolved in favor of the state (Go v.Ramos)

- In election cases, the Court treats domicile and residence assynonymous terms. Both import not only an intention toreside in a fixed place but also personal presence in thaplace, coupled with conduct indicative of such intentionDomicile denotes a fixed permanent residence to whichwhen absent for business or pleasure, or for like reasonsone intends to return (Pundaodaya v Comelec)

- No literacy, property, or other substantive requirement shabe imposed on the exercise ofs uffrage.

- There exists no presumption that a person is entitled to voteand that the burden is in the voter to prove that he has thequalifications and none of the disqualifications prescribed by

law (U.S. v. Tria)- Any person who transfers residence to another city

municipality or country solely by reason of his occupationprofession; employment in private or public serviceeducational activities; work in military or naval reservationsservice in the army, navy or air force; the constabulary onational police force; or confinement or detention ingovernment institutions in accordance with law, shall bedeemed not to have lost his original residence (Sec. 117OEC).

DISQUALIFICATIONS FOR SUFFRAGE(Sec. 118, OEC)

1. Person convicted by final judgment to suffer imprisonmenfor not less than 1 year, unless pardoned or grantedamnesty; but right is reacquired upon expiration of 5 yearsafter service of sentence;

2. Person adjudged by final judgment as having committed anycrime involving disloyalty to government or any crime againsnational security; but right is reacquired upon expiration of 5years after service of sentence; and

3. Insane or incompetent persons as declared by competenauthority.

LOCAL ABSENTEE VOTINGEO 157 LOCAL A BSENTEE VOTING LAW

PROVIDING FOR ABSENTEE VOTING BY OFFICERS AND

EMPLOYEES OF GOVERNMENT WHO ARE AWA Y FROM TH

PLACES OF THEIR REGISTRATION BY REASON OF OFFICIA

FUNCTIONS ON ELECTION DAY.

GEN RULE: Person has to be physically present in the polling placewhereof he is a registered voter in order to be able to vote

EXCEPTION: Section 169 of Batas Pambansa Blg. 881 allowsmembers of the board of election inspectors to vote in the polling placewhere they are assigned on election day, under certain conditionsgovernment officials and employees who are assigned to places othethan their place of registration must not be deprived of their right toparticipate in electoral exercises;

Section 1. Any person who by reason of public functions and duties, isnot in his/her place of registration on election day, may vote in thecity/municipality where he/she is assigned on election day: providedthat he/she is a duly registered voter.

Sec. 2. Thirty (30) days before the election, the appropriate head ooffice shall submit to the Commission on Elections a list of officers andemployees of the office who are registered voters, and who, by reasonof their duties and functions, will be in places other than their place oregistration, and who desire to exercise their right to vote.

Sec. 3. Upon verification by the Commission on Elections, it shaltransmit the exact number of application forms to the head of the officemaking the request.Sec. 5. Upon verification, the Commission shall transmit the exacnumber of absentee ballots to the appropriate head of the governmenoffice for distribution to the applicants.

Sec. 6. The head of the office shall prepare a sworn report on themanner of distribution of the absentee ballots, indicating therein thenumber of ballots transmitted to each province, the names of the

persons to whom the absentee ballots are delivered, and the serianumbers of the ballots.

Sec. 8. The voters who cast absentee voters shall vote one weekbefore election day.


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Sec. 10. The Commission on Elections shall canvass the votes cast byabsentee voters and shall add the results of the same to the votesreported throughout the country.

Section 12, RA 7166 (Synchronized National and Local ElectionsAct) Absentee voting as provided for in Executive Order No. 157dated March 30, 1987 shall apply to the elections for President, Vice-President and Senators only and shall be limited to members of the

Armed Forces of the Philippines and the Philippine National Police andother government officers and employees who are duly registeredvoters and who, on election day, may temporarily be assigned in

connection with the performance of election duties to place where theyare not registered voters.

OVERSEES ABSENTEE VOTINGRA 9189 OVERSEAS A BSENTEE VOTING ACT

AN A CT PROVIDING FOR A SYSTEM OF OVERSEAS A BSENTEE

VOTING BY QUA LIFIED CITIZENS OF THE PHILIPPINES ABROAD,

APPROPRIATING FUNDS THEREFOR, AND FOR OTHER

PURPOSES

A registered overseas absentee voter may vote for the followingpositions:

- President (only in presidential election years)- Vice president (only in presidential election years)- Senators- Party-list representatives

Section 1. Short Title. This Act shall be known as "The OverseasAbsentee Voting Act of 2003."

Sec. 2. Declaration of Policy. It is the prime duty of the State toprovide a system of honest and orderly overseas absentee voting thatupholds the secrecy and sanctity of the ballot. Towards this end, theState ensures equal opportunity to all qualified citizens of thePhilippines abroad in the exercise of this fundamental right.

Sec. 3. Definition of Terms.For purposes of this Act:

a. "Absentee Voting" refers to the process by which qualified citizens ofthe Philippines abroad exercise their right to vote;

b. "Commission" refers to the Commission on Elections;

c. "Certified List of Overseas Absentee Voters" refers to the list ofregistered overseas absentee voters whose applications to vote inabsentia have been approved by the Commission, said list to beprepared by the Committee on Absentee Voting of the Commission, ona country-by-country basis. This list shall be approved by theCommission in an en banc resolution;

d. "Day of Election" refers to the actual date of elections in thePhilippines;

e. "National Registry of Absentee Voters" refers to the consolidated listprepared, approved and maintained by the Commission, of overseasabsentee voters whose applications for registration as absenteevoters, including those registered voters who have applied to becertified as absentee voters, have been approved by the ElectionRegistered Board;

f. "Overseas Absentee Voter" refers to a citizen of the Philippines whois qualified to register and vote under this Act, not otherwisedisqualified by law, who is abroad on the day of elections.

Sec. 4. Coverage.All citizens of the Philippines abroad, who are nototherwise disqualified by law, at least eighteen (18) years of age on theday of elections, may vote for president, vice-president, senators andparty-list representatives.

Sec. 5. Disqualifications. The following shall be disqualified fromvoting under this Act:

1. Those who have lost their Filipino citizenship in accordance withPhilippine laws;

2. Those who have expressly renounced their Philippine citizenshipand who have pledged allegiance to a foreign country;

3. Those who have committed and are convicted in a final judgment bya court or tribunal of an offense punishable by imprisonment of not lessthan one (1) year, including those who have committed and beenfound guilty of Disloyalty as defined under Article 137 of the RevisedPenal Code, such disability not having been removed by plenarypardon or amnesty; Provided, however, That any person disqualified tovote under this subsection shall automatically acquire the right to voteupon expiration of five (5) years after service of sentence; Providedfurther, That the Commission may take cognizance of final judgments

issued by foreign courts or tribunals only on the basis of reciprocity andsubject to the formalities and processes prescribed by the Rules oCourt on execution of judgments;

4. An immigrant or a permanent resident who is recognized as such inthe host country, unless he/she executes, upon registration, anaffidavit prepared for the purpose by the Commission declaring thahe/she shall resume actual physical permanent residence in thePhilippines not later than three (3) years from approval of his/heregistration under this Act. Such affidavit shall also state that he/shehas not applied for citizenship in another country. Failure to return shabe the cause for the removal of the name of the immigrant orpermanent resident from the National Registry of Absentee Voters andhis/her permanent disqualification to vote in absentia.

5. Any citizen of the Philippines abroad previously declared insane oincompetent by competent authority in the Philippines or abroad, as

verified by the Philippine embassies, consulates or foreign serviceestablishments concerned, unless such competent authoritysubsequently certifies that such person is no longer insane oincompetent.

Sec. 6. Personal Overseas Absentee Registration.Registration as anoverseas absentee voter shall be done in person.

Qualified citizens of the Philippines abroad who failed to register undeRepublic Act No. 8189, otherwise known as the "The VotersRegistration Act of 1996", may personally apply for registration with theElection Registration Board of the city or municipality where they weredomiciled immediately prior to their departure from the Philippines, orwith the representative of the Commission at the Philippine embassiesconsulates and other foreign service establishments that have

jurisdiction over the locality where they temporarily reside. Subject to

the specific guidelines herein provided, the Commission is herebyauthorized to prescribe additional procedures for overseas absenteeregistration pursuant to the provisions of Republic Act No. 8189whenever applicable, taking into strict consideration the time zonesand the various periods and processes herein provided for the properimplementation of this Act. The embassies, consulates and otheforeign service establishments shall transmit within (5) days fromreceipt the accomplished registration forms to the Commission, aftewhich the Commission shall coordinate with the Election Officer of thecity or municipality of the applicants stated residence for verificationhearing and annotation in the permanent list of voters.

All applications for the May, 2004 elections shall be filed with theCommission not later than two hundred eighty (280) calendar daysbefore the day of elections. For succeeding elections, the Commissionshall provide for the period within which applications to register musbe filed.

In the case of seafarers, the Commission shall provide a speciamechanism for the time and manner of personal registration taking intoconsideration the nature of their work.

6.1. Upon receipt of the application for registration, the Election Officeshall immediately set the application for hearing, the notice of whichshall be posted in a conspicuous place in the premises of the city omunicipal building of the applicants stated residence for at least one(1) week before the date of the hearing. The Election Officer shalimmediately furnish a copy of the application to the designatedrepresentatives of political parties and other accredited groups.

6.2. If no verified objection to the application is filed, the ElectionOfficer shall immediately forward the application to the ElectionRegistration Board, which shall decide on the application within one (1


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week from the date of hearing without waiting for the quarterly meetingof the Board. The applicant shall be notified of the approval ordisapproval of his/her application by registered mail.

6.3. In the event that an objection to the application is filed prior to oron the date of hearing, the Election Officer shall notify the applicant ofsaid objection by registered mail, enclosing therein copies of affidavitsor documents submitted in support of the objection filed with the saidElection Officer, if any. The applicant shall have the right to file hiscounter-affidavit by registered mail, clearly stating therein facts anddefenses sworn before any officer in the host country authorized toadminister oaths.

6.4. The application shall be approved or disapproved based on themerits of the objection, counter-affidavit and documents submitted bythe party objecting and those of the applicant.

6.5 A Certificate of Registration as an overseas absentee voter shallbe issued by the Commission to all applicants whose applications havebeen approved, including those certified as registered voters. TheCommission shall include the approved applications in the NationalRegistry of Absentee Voters.

6.6. If the application has been approved, any interested party may filea petition for exclusion not later than two hundred ten (210) daysbefore the day of elections with the proper municipal or metropolitantrial court. The petition shall be decided within fifteen (15) days after itsfiling on the basis of the documents submitted in connection therewith.Should the court fail to render a decision within the prescribed period,

the ruling of the Election Registration Board shall be consideredaffirmed.

6.7. If the application has been disapproved, the applicant or hisauthorized representative shall, within a period of five (5) days fromreceipt of the notice of disapproval, have the right to file a petition forinclusion with the proper municipal or metropolitan trial court. Thepetition shall be decided within five (5) days after its filing on the basisof documents submitted in connection therewith.

Qualified citizens of the Philippines abroad, who have previouslyregistered as voters pursuant to Republic Act No. 8189 shall apply forcertification as absentee voters and for inclusion in the NationalRegistry of Overseas Absentee Voters, with a correspondingannotation in the Certified Voters List.

Sec. 7. System of Continuing Registration. The Commission shallensure that the benefits of the system of continuing registration areextended to qualified overseas absentee voters. Towards this end, theCommission shall optimize the use of existing facilities, personnel andmechanisms of the various government agencies for purposes of datagathering, data validation, information dissemination and facilitation ofthe registration process.

Pre-departure programs, services and mechanisms offered andadministered by the Department of Foreign Affairs, Department ofLabor and Employment, Philippine Overseas Employment

Administration, Overseas Workers Welfare Administration,Commission on Filipinos Overseas and other appropriate agencies ofthe government shall be utilized for purposes of supporting theoverseas absentee registration and voting processes, subject tolimitations imposed by law.

Sec. 8. Requirements for Registration. Every Filipino registrant shallbe required to furnish the following documents:

a. A valid Philippine passport. In the absence of a valid passport, acertification of the Department of Foreign Affairs that it has reviewedthe appropriate documents submitted by the applicant and found themsufficient to warrant the issuance of a passport, or that the applicant isa holder of a valid passport but is unable to produce the same for avalid reason;

b. Accomplished registration form prescribed by the Commissioncontaining the following mandatory information:

i. Last known residence of the applicant in the Philippines beforeleaving for abroad;

ii. Address of applicant abroad, or forwarding address in the case oseafarers;

iii. Where voting by mail is allowed, the applicants mailing addressoutside the Philippines where the ballot for absentee voters will besent, in proper cases; and;

iv. Name and address of applicants authorized representative in thePhilippines for purposes of Section 6.7 and Section 12 hereof.

c. In the case of immigrants and permanent residents not otherwisedisqualified to vote under this Act, an affidavit declaring the intention to

resume actual physical permanent residence in the Philippines nolater than three (3) years after approval of his/her registration as anoverseas absentee voter under this Act. Such affidavit shall also statethat he/she has not applied for citizenship in another country.

The Commission may also require additional data to facilitateregistration and recording. No information other than those necessaryto establish the identity and qualification of the applicant shall berequired.

Sec. 9. National Registry of Overseas Absentee Voters. TheCommission shall maintain a National Registry of Overseas AbsenteeVoters. Approved applications of overseas absentee registrants shalalso be included in the permanent list of voters of the city omunicipality where the registrant is domiciled, with the correspondingannotation that such person has been registered or will be voting as anoverseas absentee voter. The registry shall also include those

registered under Republic Act No. 8189 and who have been issuedcertifications as overseas absentee voters. The entries in the NationaRegistry of Overseas Absentee Voters and the annotations asoverseas absentee voters in the Certified Voters List shall bepermanent, and cannot be cancelled or amended except in any of thefollowing cases:

9.1. When the overseas absentee voter files a letter under oathaddressed to the Commission that he/she wishes to be removed fromthe Registry of Overseas Absentee Voters, or that his/her name betransferred to the regular registry of voters; or,

9.2. When an overseas absentee voters name was ordered removedby the Commission from the Registry of Overseas Absentee Voters fohis/her failure to exercise his/her right to vote under this Act for two (2consecutive national elections.

Sec. 10. Notice of Registration and Election. The Commission shallthrough the embassies, consulates and other foreign serviceestablishments, cause the publication in a newspaper of generacirculation of the place, date and time of the holding of a regular orspecial national election and the requirements for the participation oqualified citizens of the Philippines abroad, at least six (6) monthsbefore the date set for the filing of applications for registration.

The Commission shall determine the countries where publication shalbe made, and the frequency thereof, taking into consideration thenumber of overseas Filipinos present in such countries. Likewise, theCommission and the Department of Foreign Affairs shall post the samein their respective websites.

Sec. 11. Procedure for Application to Vote in Absentia.

11.1. Every qualified citizen of the Philippines abroad whoseapplication for registration has been approved, including thosepreviously registered under Republic Act No. 8189, shall, in everynational election, file with the officer of the embassy, consulate or otheforeign service establishment authorized by the Commission, a swornwritten application to vote in a form prescribed by the Commission. Theauthorized officer of such embassy, consulate or other foreign serviceestablishment shall transmit to the Commission the said application tovote within five (5) days from receipt thereof. The application form shalbe accomplished in triplicate and submitted together with thephotocopy of his/her overseas absentee voter certificate of registration

11.2. Every application to vote in absentia may be done personally ator by mail to, the embassy, consulate or foreign service establishmentwhich has jurisdiction over the country where he/she has indicatedhis/her address for purposes of the elections.


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11.3. Consular and diplomatic services rendered in connection with theoverseas absentee voting processes shall be made available at nocost to the overseas absentee voter.

Sec. 12. Verification and Approval of Application to Vote. Allapplications shall be acted upon by the Commission upon receiptthereof, but in no case later than one hundred fifty (150) days beforethe day of elections. In the event of disapproval of the application, thevoter or his authorized representative may file a Motion forReconsideration with the Commission personally, or by registered mail,within ten (10) days from receipt of the notice of disapproval. The

Commission shall act within five (5) days from receipt of such Motionfor Reconsideration and shall immediately notify the voter of itsdecision. The decision of the Commission shall be final and executory.

The Commission shall issue an overseas absentee voter identificationcard to those whose applications to vote have been approved.

Sec. 13. Preparation and Posting of Certified List of OverseasAbsentee Voters.The Commission shall prepare the Certified List ofOverseas Absentee Voters within one hundred twenty (120) daysbefore every election, and furnish within the same period copiesthereof to the appropriate embassies, consulates and other foreignservice establishments, which shall post the same in their bulletinboards within ten (10) days from receipt thereof.

Subject to reasonable regulation and the payment of fees in suchamounts as may be fixed by the Commission, the candidates, political

parties, accredited citizens arms, interested persons and allembassies, consulates and other foreign service establishments shallbe furnished copies thereof.

Sec. 14. Printing and Transmittal of Ballots, Voting Instructions,Election Forms and Paraphernalia.

14.1. The Commission shall cause the printing of ballots for overseasabsentee voters, voting instructions, and election forms in suchnumber as may be necessary, but in no case shall it exceed the totalnumber of approved applications. Security markings shall be used inthe printing of ballots for overseas absentee voters.

14.2. The Commission shall present to the authorized representativesof the Department of Foreign Affairs and the accredited major politicalparties the ballots for overseas absentee voters, voting instructions,

election forms and other election paraphernalia for scrutiny andinspection prior to their transmittal to the embassies, consulates andother foreign service establishments concerned.

14.3. The Commission shall, not later than seventy-five (75) daysbefore the day of elections, transmit by special pouch to theembassies, consulates and other foreign service establishments, theexact number of ballots for overseas absentee voters corresponding tothe number of approved applications, along with such materials andelection paraphernalia necessary to ensure the secrecy and integrity ofthe election.

14.4. The authorized representatives of accredited major politicalparties shall have the right to be present in all phases of printing,transmittal, and casting of ballots abroad. Unclaimed ballots properlymarked as such, shall be cancelled and shipped to the Commission bythe least costly method.

Sec. 15. Regulation on Campaigning Abroad. The use of campaignmaterials, as well as the limits on campaign spending shall begoverned by the laws and regulations applicable in the Philippines.

Sec. 16. Casting and Submission of Ballots.

16.1. Upon receipt by the designated officer of the embassy, consulateand other foreign service establishments of the ballots for overseasabsentee voters, voting instructions, election forms and otherparaphernalia, he/she shall make them available on the premises tothe qualified overseas absentee voters in their respective jurisdictionsduring the thirty (30) days before the day of elections when overseasabsentee voters may cast their vote. Immediately upon receiving it, theoverseas absentee voter must fill-out his/her ballot personally, in

secret, without leaving the premises of the embassies, consulates andother foreign service establishments concerned.

16.2. The overseas absentee voter shall personally accomplish his/heballot at the embassy, consulate or other foreign service establishmenthat has jurisdiction over the country where he/she temporarily residesor at any polling place designated and accredited by the Commission.

16.3. The overseas absentee voter shall cast his ballot, uponpresentation of the absentee voter identification card issued by theCommission, within thirty (30) days before the day of elections. In thecase of seafarers, they shall cast their ballots anytime within sixty (60)

days before the day of elections as prescribed in the ImplementingRules and Guidelines.

16.4. All accomplished ballots received shall be placed unopenedinside sealed containers and kept in a secure place designated by theCommission.

16.5. The embassies, consulates and other foreign serviceestablishments concerned shall keep a complete record of the ballotsfor overseas absentee voters, specifically indicating the number oballots they actually received, and in cases where voting by mail isallowed under Section 17 hereof, the names and addresses of thevoters to whom these ballots were sent, including proof of receiptthereof. In addition, the embassies, consulates and other foreignservice establishments shall submit a formal report to the Commissionand the Joint Congressional Oversight Committee created under this

Act within thirty (30) days from the day of elections. Such report sha

contain data on the number of ballots cast and received by the officesthe number of invalid and unclaimed ballots and other pertinent data.

16.6. The overseas absentee voter shall be instructed that his/heballot shall not be counted if it is not inside the special envelopefurnished him/her when it is cast.

16.7. Ballots not claimed by the overseas absentee voters at theembassies, consulates and other foreign service establishments, incase of personal voting, and ballots returned to the embassiesconsulates and other foreign service establishments concerned, in thecase of voting by mail, shall be cancelled and shipped to theCommission by the least costly method within six (6) months from theday of elections.

16.8. Only ballots cast, and mailed ballots received by the Philippine

embassies, consulates and other foreign service establishmentsconcerned in accordance with Section 17 hereof before the close ovoting on the day of elections shall be counted in accordance withSection 18 hereof. All envelopes containing the ballots received by theembassies, consulates and other foreign service establishments aftethe prescribed period shall not be opened, and shall be cancelled andshipped to the Commission by the least costly method within six (6months from the day of elections.

16.9. A Special Ballot Reception and Custody Group composed othree (3) members shall be constituted by the Commission from amongthe staff of the embassies, consulates and other foreign serviceestablishments concerned, including their attached agencies, andcitizens of the Philippines abroad, who will be deputized to receiveballots and take custody of the same preparatory to their transmittal tothe Special Boards of Election Inspectors.

16.10. During this phase of the election process, the authorizedrepresentatives of the political parties, candidates, and accreditedcitizens arms of the Commission shall benotified in writing thereof andshall have the right to witness the proceedings.

16.11. The Commission shall study the use of electronic mail, Internetor other secured networks in the casting of votes, and submit a reportthereon to the Joint Congressional Oversight Committee.

Sec. 17. Voting by Mail.

17.1. For the May, 2004 elections, the Commission shall authorizevoting by mail in not more than three (3) countries, subject to theapproval of the Congressional Oversight Committee. Voting by maimay be allowed in countries that satisfy the following conditions:


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a. Where the mailing system is fairly well-developed and secure toprevent the occasion of fraud;

b. Where there exists a technically established identification systemthat would preclude multiple or proxy voting; and,

c. Where the system of reception and custody of mailed ballots in theembassies, consulates and other foreign service establishmentsconcerned are adequate and well-secured.

Thereafter, voting by mail in any country shall be allowed only uponreview and approval of the Joint Congressional Oversight Committee.

17.2. The overseas absentee voters shall send his/her accomplishedballot to the corresponding embassy, consular or other foreign serviceestablishment that has jurisdiction over the country where he/shetemporarily resides. He/She shall be entitled to cast his/her ballot atany time upon his/her receipt thereof, provided that the same Isreceived before the close of voting on the day of elections. Theoverseas absentee voter shall be instructed that his/her ballot shall notbe counted if not transmitted in the special envelope furnished him/her.

17.3. Only mailed ballots received by the Philippine embassy,consulate and other foreign service establishments before the close ofvoting on the day of elections shall be counted in accordance withSection 18 hereof. All envelopes containing the ballots received by theembassies, consulates and other foreign service establishments afterthe prescribed period shall not be opened, and shall be cancelled anddisposed of appropriately, with a corresponding report thereon

submitted to the Commission not later than thirty (30) days from theday of elections.

Sec. 18. On-Site Counting and Canvassing.

18.1. The counting and canvassing of votes shall be conducted on sitein the country where the votes were actually cast. The opening of thespecially-marked envelopes containing the ballots and the countingand canvassing of votes shall be conducted within the premises of theembassies, consulates and other foreign service establishments or insuch other places as may be designated by the Commission pursuantto the Implementing Rules and Regulations. The Commission shallensure that the start of counting in all polling places abroad shall besynchronized with the start of counting in the Philippines.

18.2. For these purposes, the Commission shall constitute as many

Special Boards of Election Inspectors as may be necessary to conductand supervise the counting of votes as provided in Section 18.2 hereof.The Special Boards of Election Inspectors to be constituted hereinshall be composed of a Chairman and two (2) members, one (1) ofwhom shall be designated as poll clerk. The ambassador or consul-general, or any career public officer posted abroad designated by theCommission, as the case may be, shall act as the chairman; in theabsence of other government officers, the two (2) other members shallbe citizens of the Philippines who are qualified to vote under this actand deputized by the Commission not later than sixty (60) days beforethe day of elections. All resolutions of the Special Board of ElectionInspectors on issues brought before it during the conduct of itsproceedings shall be valid only when they carry the approval of thechairman.

Immediately upon the completion of the counting, the Special Boardsof Election Inspectors shall transmit via facsimile and/or electronic mail

the results to the Commission in Manila and the accredited majorpolitical parties.

18.3. Only ballots cast on, or received by the embassies, consulatesand other foreign service establishments before the close of voting onthe day of elections shall be included in the counting of votes. Thosereceived afterwards shall not be counted.

18.4. A Special Board of Canvassers composed of a lawyer preferablyof the Commission as chairman, a senior career officer from any of thegovernment agencies maintaining a post abroad and, in the absence ofanother government officer, a citizen of the Philippines qualified to voteunder this Act deputized by the Commission, as vice-chairman andmember-secretary, respectively, shall be constituted to canvass theelection returns submitted to it by the Special Boards of ElectionInspectors. Immediately upon the completion of the canvass, the

chairman of the Special Board of Canvassers shall transmit viafacsimile, electronic mail, or any other means of transmission equallysafe and reliable the Certificates of Canvass and the Statements oVotes to the Commission, and shall cause to preserve the sameimmediately after the conclusion of the canvass, and make it availableupon instructions of the Commission. The Special Board oCanvassers shall also furnish the accredited major political parties andaccredited citizens armswith copies thereof via facsimile, electronicmail and any other means of transmission equally safe, secure andreliable.

The Certificates of Canvass and the accompanying Statements o

Votes as transmitted via facsimile, electronic mail and any other meansof transmission equally safe, secure and reliable shall be the primarybasis for the national canvass.

18.5. The canvass of votes shall not cause the delay of theproclamation of a winning candidate if the outcome of the election wilnot be affected by the results thereof. Notwithstanding the foregoingthe Commission is empowered to order the proclamation of winningcandidates despite the fact that the scheduled election has not takenplace in a particular country or countries, if the holding of electionstherein has been rendered impossible by events, factors andcircumstances peculiar to such country or countries, and which eventsfactors and circumstances are beyond the control or influence of theCommission.

18.6. In the preparation of the final tally of votes on the results of thenational elections, the Commission shall ensure that the votes

canvassed by each and every country shall be reflected as a separateitem from the tally of national votes. For purposes of this Act, thereturns of every election for president and vice-president prepared bythe Special Board of Canvassers shall be deemed a certificate ocanvass of a city or province.

18.7. Where feasible, the counting and canvassing of votes shall beautomated. Towards this end, the Commission is hereby authorized toborrow, rent, lease or acquire automated voting machines for purposesof canvassing and counting of votes pursuant to the provisions of this

Act, and in accordance with the Implementing Rules and Regulationspromulgated by the Commission.

Sec. 19. Authority of the Commission to Promulgate Rules. TheCommission shall issue the necessary rules and regulations toeffectively implement the provisions of this Act within sixty (60) days

from the effectivity of this Act. The Implementing Rules andRegulations shall be submitted to the Joint Congressional OversighCommittee created by virtue of this Act for prior approval.

In the formulation of the rules and regulations, the Commission shalcoordinate with the Department of Foreign Affairs, Department oLabor and Employment, Philippine Overseas and Employmen

Administration, Overseas Workers Welfare Administration and theCommission on Filipinos Overseas. Non-government organizationsand accredited Filipino organizations or associations abroad shall beconsulted.

Sec. 20. Information Campaign. The Commission, in coordinationwith agencies concerned, shall undertake an information campaign toeducate the public on the manner of absentee voting for qualifiedoverseas absentee voters. It may require the support and assistance othe Department of Foreign Affairs, through the embassies, consulates

and other foreign service establishments, Department of Labor andemployment, Department of Transportation and CommunicationsPhilippine Postal Corporation, Philippine Overseas Employmen

Administration, Overseas Workers Welfare Administration and theCommission on Filipinos Overseas. The Commission may deputizeFilipino organizations/associations overseas for the same purposeProvided, That any such deputized organization/association shall beprohibited from participating in the elections by campaigning for ofielding candidates; Provided, further, That if any such deputizedorganization/association is discovered to have a member who is not aqualified overseas absentee voter as herein defined, such deputizedorganization/association shall be banned from participating in anymanner, and at any stage, in the Philippine political process abroad.

Such information campaign shall educate the Filipino public, within andoutside the Philippines, on the rights of overseas absentee voters


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absentee voting processes and other related concerns. Informationmaterials shall be developed by the Commission for distribution,through the said government agencies and private organizations. Nogovernment agency or accredited private organizations shall prepare,print, distribute or post in websites any information material without theprior approval of the Commission.

Sec. 21. Access to Official Records and Documents. Subject to thepertinent provisions of this Act, any person shall have the right toaccess and/or copy at his expense all registration records, voters listsand other official records and documents, subject to reasonableregulations as may be imposed by the Commission.

Sec. 22. Assistance from Government Agencies. All governmentofficers, particularly from the Department of Foreign Affairs,Department of Labor and Employment, Department of Transportationand Communications, Philippine Postal Corporation, PhilippineOverseas Employment Administration, Overseas Workers Welfare

Administration, Commission on Filipinos Overseas and othergovernment offices concerned with the welfare of the Filipinosoverseas shall, to the extent compatible with their primaryresponsibilities, assist the Commission in carrying out the provisions ofthis Act. All such agencies or officers thereof shall take reasonablemeasures to expedite all election activities, which the Commissionshall require of them. When necessary, the Commission may sendsupervisory teams headed by career officers to assist the embassies,consulates and other foreign service establishment concerned.

Sec. 23. Security Measures to Safeguard the Secrecy and Sanctity of

Ballots.At all stages of the electoral process, the Commission shallensure that the secrecy and integrity of the ballots are preserved. TheCommittee on Absentee Voting of the Commission shall beresponsible for ensuring the secrecy and sanctity of the absenteevoting process. In the interest of transparency, all necessary andpracticable measures shall be adopted to allow representation of thecandidates, accredited major political parties, accredited citizens armsand non-government organizations to assist, and intervene inappropriate cases, in all stages of the electoral exercise and to preventany and all forms of fraud and coercion.

No officer or member of the foreign service corps, including thosebelonging to attached agencies shall be transferred, promoted,extended, recalled or otherwise moved from his current post or positionone (1) year before and three (3) months after the day of elections,except upon the approval of the Commission.

Sec. 24. Prohibited Acts. In addition to the prohibited acts providedby law, it shall be unlawful:

24.1. For any officer or employee of the Philippine government toinfluence or attempt to influence any person covered by this Act tovote, or not to vote, for a particular candidate. Nothing in this Act shallbe deemed to prohibit free discussion regarding politics or candidatesfor public office.

24.2. For any person to deprive any person of any right secured in thisAct, or to give false information as to his/her name, address, or periodof residence for the purposes of establishing his/her eligibility orineligibility to register or vote under this Act; or to conspire with anotherperson for the purpose of encouraging the giving of false information inorder to establish the eligibility or ineligibility of any individual toregister or vote under this Act; or, to pay, or offer to pay, or to accept

payment either for application to vote in absentia or for voting;

24.3. For any person to tamper with the ballot, the mail containing theballots for overseas absentee voters, the election returns, including thedestruction, mutilation and manipulation thereof;

24.4. For any person to steal, destroy, conceal, mutilate or alter anyrecord, document or paper as required for purposes of this Act;

24.5. For any deputized agent to refuse without justifiable ground, toserve or continue serving, or to comply with his/her sworn duties afteracceptance of his/her appointment;

24.6. For any public officer or employee who shall cause thepreparation, printing, distribution of information material, or post thesame in websites without the prior approval of the Commission;

24.7. For any public officer or employee to cause the transferpromotion, extension, recall of any member of the foreign servicecorps, including members of the attached agencies, or otherwisecause the movement of any such member from his current post orposition one (1) year before and three (3) months after the day oelections, without securing the prior approval of the Commission;

24.8. For any person who, after being deputized by the Commission toundertake activities in connection with the implementation of this Actshall campaign for or assist, in whatever manner, candidates in theelections;

24.9. For any person who is not a citizen of the Philippines toparticipate, by word or deed, directly or indirectly through qualifiedorganizations/associations, in any manner and at any stage of thePhilippine political process abroad, including participation in thecampaign and elections.

The provision of existing laws to the contrary notwithstanding, and withdue regard to the Principle of Double Criminality, the prohibited actsdescribed in this section are electoral offenses and punishable in thePhilippines.

The penalties imposed under Section 264 of the Omnibus ElectionCode, as amended, shall be imposed on any person found guilty ofcommitting any of the prohibited acts as defined in this sectionProvided, That the penalty of prision mayor in its minimum period shalbe imposed upon any person found guilty of Section 24.3 hereo

without the benefit of the operation of the Indeterminate Sentence LawIf the offender is a public officer or a candidate, the penalty shall beprision mayor in its maximum period. In addition, the offender shall besentenced to suffer perpetual disqualification to hold public office anddeprivation of the right to vote.

Immigrants and permanent residents who do not resume residence inthe Philippines as stipulated in their affidavit under Section 5(d) withinthree (3) years after approval of his/her registration under this Act andyet vote in the next elections contrary to the said section, shall bepenalized by imprisonment of not less than one (1) year, and shall bedeemed disqualified as provided in Section 5(c) of this Act. His/herpassport shall be stamped "not allowed to vote".

Sec. 25. Joint Congressional Oversight Committee. A JoinCongressional Oversight Committee is hereby created, composed o

the Chairman of the Senate Committee on ConstitutionaAmendments, Revision of Codes and Laws, and seven (7) otheSenators designated by the Senate President, and the Chairman of theHouse Committee on Suffrage and Electoral Reforms, and seven (7)other Members of the House of Representatives designated by theSpeaker of the House of Representatives: Provided, That, of the seven(7) members to be designated by each House of Congress, four (4should come from the majority and the remaining three (3) from theminority.

The Joint Congressional Oversight Committee shall have the power tomonitor and evaluate the implementation of this Act. It shall reviewrevise, amend and approve the Implementing Rules and Regulationspromulgated by the Commission.

Sec. 26. Applicability of Other Election Laws. The pertinenprovisions of the Omnibus Election Code, as amended, and othe

election laws, which are not in conflict with the provisions of this Actshall remain in full force and shall have suppletory application to this

Act.

Sec. 27. Enforcement and Administration by the Commission. TheCommission shall, for the purpose of ensuring honest, orderlypeaceful and free elections abroad, have exclusive charge of theenforcement, administration and implementation of this Act.

Sec. 28. Mandatory Review. Congress shall complete a mandatoryreview of this Act within two (2) years following the May, 2004 electionsfor the purpose of amending it to expand or restrict its coverage, scopeand application, as well as improve its procedures and institutemeasures and safeguards, taking into account the experience of theprevious election, technological advances and structural politicachanges.


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Sec. 29. Appropriations. The amount necessary to carry out theprovisions of this Act shall be provided in a supplemental budget orincluded in the General Appropriations Act of the year of its enactmentinto law. Thereafter, the expenses for its continued implementationshall be included in the subsequent General Appropriations Act.

Sec. 30. Separability Clause. If any part or provision of this Act shallbe declared unconstitutional or invalid, other provisions hereof whichare not affected thereby shall continue to be in full force and effect.

Sec. 31. Repealing Clause.All laws, presidential decrees, executive

orders, rules and regulations, other issuances, and parts thereof, whichare inconsistent with the provisions of this Act, are hereby repea