Section 1.
Section s fifty-seven, fifty-eight, sixty-two and sixty-three of the
Revised Election Code are amended to read as follows:
"Sec. 57. Election precincts to be established. —
The unit of territory for the purpose of voting is the election
precinct, and every municipality or municipal district shall have at
least one."
The Commission on Elections shall fix ninety days before the day of the
election the limits of all the election precincts.
"Sec. 58. Arrangement of election precincts. — (a)
The election precinct shall be so arranged that no precinct shall have
more than two hundred voters, and each shall comprise, as far as
practicable contiguous and compact territory."
(b) When it appears that an election precinct
contains more than two hundred voters, the Commission on Elections
shall make such adjustment or new division as may be necessary.
(c) A municipality or a municipal district which has
been merged with another municipality shall constitute at least one
election precinct, if the distance between the remotest barrio of the
merged municipality or district and the nearest polling place of the
municipality to which it has been merged shall, by the shorter road,
exceed five kilometers.
(d) An island or group of islands having one hundred
and fifty or more voters shall constitute a precinct.
"Sec. 62. Designation of polling places. — At
least seventy days before each regular election, the Commission on
Elections shall designate in each election precinct a place as provided
in this Code where the meetings of the board of inspectors for
registration and the election shall be held."
"Sec. 63. Requirements for polling places. — Each
polling place shall be, as far as practicable, a ground floor hall of
sufficient size to admit and comfortably accommodate forty voters at
one time outside the guard rail for the board of inspectors. The
polling place shall be located as centrally as possible with respect to
the residence of the voters of the precinct, but it may be located also
in the poblacion of the municipality upon petition of the majority of
the voters of the precinct or by agreement of all the political parties
or by resolution of the Commission on Elections. A public building
having the foregoing requirements shall be preferred."
Sec. 2. Section s seventy-five, seventy-six,
ninety-four, ninety-five and one hundred of the same Code are amended
to read as follows:
"Sec. 75. Appointment of election inspectors and
poll clerks. — Fifty days immediately prior to the date of a regular
election, the Commission on Elections shall, directly or through its
duly authorized provincial representatives, appoint a board of election
inspectors for each election precinct, to be composed of a chairman and
two inspectors and a poll clerk, who shall hold office until their
successors are appointed for the next regular election, unless they are
sooner relieved. The chairman and his substitute shall be appointed by
the Commission on Elections. Whenever in this Code mention is made of
the board of inspectors or of members of the board of inspectors it
shall be understood to include the poll clerk."
"Sec. 76. Representation of parties in the board
of inspectors. — The appointment of one inspector and his substitute
shall be proposed by the party presenting candidates for election which
polled the largest number of the votes in the next preceding
presidential election and the other inspector and his substitute shall
be proposed by the party also presenting candidates for election which
polled the next largest number of votes in the Philippines. The
Commission on Elections shall appoint the poll clerks in each election
precinct, who shall be public school teachers. The party affiliation of
the candidates voted for shall be determined from their certificates of
candidacy. The national directorates of political parties shall choose
their respective representatives in each legislative district, who
shall submit in writing, at least ten days before the date fixed for
the appointment of the board of election inspectors, the names and
addresses of the persons whom they propose to be appointed as election
inspectors. If said representatives shall fail to propose the names of
persons to be appointed as election inspectors, or if no political
party is entitled to propose the appointment of either inspectors, the
Commission shall, at its discretion, choose said inspectors and their
substitutes."
"Sec. 94. Pay for inspectors and poll clerks. —
Every inspector and poll clerk shall be entitled to a per diem of five
pesos for every day of actual service in the meetings of the board, and
for the day of the election they shall receive ten pesos."
"Sec. 95. Permanent list of voters every twelve
years. — There shall be in each municipality or municipal district a
permanent list of voters which shall be completely renewed every twelve
years. A new list of voters shall be prepared for the elections which
will be held in nineteen hundred and fifty-one and said list with such
additions, cancellations, and corrections as may be proper shall
constitute the permanent list of voters until its renewal in nineteen
hundred and sixty-three."
"Section 100. Preparation of the permanent list of
voters. — For the preparation of the permanent list of voters in
nineteen hundred and fifty-one and every twelve years thereafter, the
board of inspectors of each election precinct shall hold six meetings
in the place designated as polling place on the seventh Friday, seventh
Saturday, sixth Friday, sixth Saturday, fifth Friday, and fifth
Saturday next preceding the date of the regular election to be held. At
these meetings the board shall prepare as provided in this Code eight
copies of the list of voters of the precinct wherein it shall register
the additional electors applying for registration."
Sec. 3. Section s one hundred and twenty-four, one
hundred and twenty-six, one hundred and thirty-four, one hundred and
thirty-five, one hundred and thirty-seven, one hundred and forty-five,
one hundred and forty-six, one hundred and forty-eight, one hundred and
fifty, one hundred and sixty and one hundred and sixty-four of the
Revised Election Code are amended to read as follows:
"Section 124. Official ballots. — Ballots for
national and local offices shall be uniform throughout the Philippines
and shall be provided at public expenses. Said ballots shall be in the
shape of a strip with stubs and coupons containing the detachable
numbers of the ballots, and shall bear at the top on the middle portion
thereof the coat of arms of the Republic of the Philippines, and the
words "Official Ballot," the name of the city or of the municipality
and province in which the election is held, the date of the election,
and the following notice: "Fill out this ballot secretly inside the
booth. Do not put any distinctive mark in any part of this ballot."
Each ballot shall contain the names of all offices to be voted for in
the election, allowing, opposite the name of each office, sufficient
space or spaces within which the voter may write the name or names of
the individual candidate voted by him."
There shall not be anything on the reverse side of the ballot. There
shall be in the coupon a space for the thumb-mark of the voter.
Ballots in municipalities and municipal districts where Arabic is of
general use shall have each of the titles of offices to be voted
printed in Arabic in addition to and immediately below the English
title.
"Section 126. Arrangement of the official ballots. —
The official ballots shall be bound in separate books of one hundred
ballots each. Each ballot shall be joined by a perforated line to a
stub numbered consecutively, beginning with number one in each
municipality. Each ballot shall also have at its bottom a detachable
coupon bearing the same number of the stub. Each book of ballots shall
bear on its cover the name of the municipality in which the ballots are
to be used and the numbers of the ballots contained therein, and shall
be numbered consecutively from number one in each municipality. The
Director of Printing, the provincial treasurer and the municipal
treasurer shall respectively keep a record of the ballots furnished to
the various provinces, cities, municipalities, municipal districts and
election precincts."
"Section 134. Manner of obtaining ballots. — The
voter shall approach one of the inspectors or the poll clerk and shall
give him his name and address together with other data concerning his
person which appear in the registry list and which may be asked of him
by any member of the board of inspectors. Said inspector or poll clerk
shall then distinctly announce the voter's name in a clear manner and
in a tone loud enough to be plainly heard throughout the polling place.
If such person is entitled to vote and has not been challenged or if,
having been challenged the question has been decided in his favor, said
inspector or poll clerk shall deliver to him one ballot correctly
folded. The inspector or poll clerk shall not deliver the ballot to the
voter without first entering its number in the corresponding columns of
the registry list. No person other than the inspectors or the poll
clerk shall deliver official ballots, nor shall more than one ballot be
deliver at one time."
"Section 135. Manner of preparing the ballots. — The
voter, on receiving his ballot, shall forthwith retire to one of the
empty voting booths and shall there fill his ballot by writing in the
proper space for each office the name of the person for whom he desires
to vote. No voter shall be allowed to enter a booth occupied by another
voter, nor enter the same accompanied by somebody, nor stay therein for
more than five minutes in case there are other voters who are waiting
for their turn to vote, nor speak with anyone other than as herein
provided while within the polling place. It shall be unlawful to
prepare the ballots outside the voting booth or to exhibit their
contents to any person, or to erase any printing from the ballots, or
to intentionally tear or deface the same or put thereon any
distinguishing mark. It is likewise unlawful to use carbon paper,
paraffin paper, or other means for making a copy of the ballot or make
use of any other means to identify the vote of the voter."
"Section 137. Casting of vote. — After his ballot is
filled, the voter shall stamp his thumb-mark on the corresponding
coupon and deliver the folded ballot to the inspector or poll clerk
from whom he received it, and the latter, without seeing or exposing
its contents, in the presence and view of the voter, shall verify and
remove its number, shall deposit the ballot in the box for valid
ballots, and shall place the number in the box for spoiled ballots. The
voter shall forthwith affix his signature and the imprint of the thumb
of his right hand in the copy of the registry list of the inspector or
poll clerk who gave him the ballot, in the column intended for that
purpose, and the inspector or poll clerk shall in turn sign by the side
of said thumb mark. The voter shall then depart. At the time of casting
a vote, any ballot whose detachable coupon has not been removed in the
presence of the board and of the voter or whose number does not
coincide with the number of the ballot delivered to the voter, as
entered in the registry list, shall be considered spoiled and shall be
so marked and signed by the inspectors."
"Section 145. Excess ballots. — Before proceeding to
count the votes the board of inspectors shall count the ballots in the
box for valid ballots without unfolding them or exposing their
contents, except so far as to ascertain that each ballot is single, and
shall compare the number of ballots in the box with the number of
voters who have voted. If there are excess ballots they shall be
replaced in the box thoroughly mingled therein; and one of the
inspectors designated by the board, without seeing the ballots and with
his back to the box, shall publicly draw out as many ballots as may be
equal to such excess and, without unfolding them, place them in a
package which shall be marked "EXCESS BALLOTS" and which shall be
sealed and signed by the members of the board. The package shall be
placed in the box for valid votes, but its contents shall not be read
in the counting of votes. If, in the course of examination, any ballots
shall be found folded together before they were deposited in the box,
they shall be placed in the package for excess ballots. In case ballots
with their detachable numbers be found in the box, such numbers shall
be removed and deposited in the box for spoiled ballots, and, if
ballots with the words "spoiled" be found in the box, such ballots
shall likewise be placed in the box for spoiled ballots."
"Section 146. Marked ballots. — The board of
inspectors shall then unfold the ballots and determine whether there
are any marked ballots, and, if any be found, they shall be placed in a
package labelled "MARKED BALLOTS" which shall be sealed and signed by
the members of board and placed in the box for valid ballots, and shall
not be counted. A majority vote of the board shall be sufficient to
determine whether any ballots is marked or not. Non-official ballots
which the board may find, except those which have been used as
emergency ballots, shall be counted as marked ballots."
"Section 148. Manner of counting votes. — The
counting of votes shall be made in the following manner: The board
shall form separate piles of one hundred ballots fully extended, which
shall be held together with rubber bands, with cardboards of the size
of the ballots to serve as folders. The chairman of the board shall
take the ballots of the first pile one by one and read, jointly with
another inspector, the names of the persons voted and the offices for
which they were voted in the order in which they appear thereon,
assuming such a position as to enable all or at least a majority of the
watchers to read such names. The other inspector shall record on the
tally sheet, as the names voted for each office are read, the number of
votes received by each candidate, each vote being recorded by a
vertical line, except every fifth vote of the same candidate which
shall be recorded by a diagonal line crossing the previous four
vertical lines. The poll clerk shall do likewise on the blackboard.
After finishing the first pile of ballots, the board shall determine
the total number of the votes recorded for each candidate, the sum
being noted on the tally sheet and on the blackboard. In case of
discrepancy such recount as may be necessary shall be made. The ballots
shall then be grouped together again as before the reading. Thereafter
the same procedure shall be followed with the second pile of ballots
and so on successively. After all the votes of the precinct have been
counted the board shall sum up the totals recorded for each candidate,
and the aggregate sum shall be likewise recorded on the tally sheet and
on the blackboard. It shall then place each pile of ballots in an
envelope prepared for the purpose, and each envelope shall be closed,
signed, and deposited in the box for valid ballots. The tally sheet on
which the votes have been recorded and wherein the partial and total
sums appear shall not be changed or destroyed but shall be kept in the
box for valid ballots."
"Section 150. Statement of the count. — Immediately
after the count, the board of inspectors shall make, complete and sign
a written statement thereof in quadruplicate. The statement shall show
the date of the election, the name of the municipality and the number
of the election precinct in which it was held, the total number of
ballots found in the box for valid ballots, the total number of ballots
withdrawn from the box for spoiled ballots because they were
erroneously placed therein, the total number of excess ballots, total
number of rejected ballots, and the total number of votes polled by
each candidate, writing out the said number in words and figures, and,
at the end of the statement, the board shall make a certificate signed
by all its members present that the contents of the statement are
correct. The statements should be contained, if possible, in a single
sheet of paper, but, if this is not possible, each sheet of every copy
shall be signed on its margin by all the inspectors."
"Section 160. Canvass by the provincial board. — The
provincial board of canvassers shall meet as soon as possible within
the fifteen days next following the day of the election, and the
provincial treasurer shall then produce before it the statements of the
election returns in the different precincts which may have been
delivered to him."
As soon as all the statements are before it but not later than fifteen
days next following the date of the election, the provincial board of
canvassers shall proceed to make a canvass of all the votes cast in the
province for national, provincial and city candidates, and upon the
completion of the canvass, shall make, as the case may be, separate
statements of all the votes received by each candidate for the offices
of President and Vice-President, Senator, and Member of the House of
Representatives for each legislative district and by each candidate for
provincial or city office. Upon the completion of the statements, the
board shall proclaim in accordance therewith, who has been elected to
the House of Representatives from each legislative district and who has
been elected to each provincial and city office and shall post true
copies of said proclamation in a conspicuous place for not less than
one week. With regard to the election of President and Vice-President,
the board shall certify and transmit by registered mail the returns as
provided in the Constitution. With regards to the election of Senators,
the board shall merely state and certify the number of votes polled by
the candidates therefor and shall forthwith send by the registered mail
the corresponding statements to the Commission on Elections. The
candidates may appoint watchers to be present at, and take note of, all
the proceedings of the provincial board of canvassers and of the
committees and subcommittees which the board may appoint.
"Section 164. Distribution of the statements. —
Copies of the statement of the result of the election for Member of the
House of Representatives and for provincial and city office shall be
made in sufficient number and signed by the members of the provincial
board of canvassers present and sealed with the seal of the provincial
government. A copy of the statement shall be filed by the provincial
treasurer in his office, another sent immediately by registered mail to
the Commission on Elections, another to the House of Representatives
and one shall be sent by registered mail to each of the registered
candidates participating in said election."
Sec. 4. Section s fourteen, fifteen and
seventy-seven and paragraphs numbered nineteen and twenty of section
one hundred and forty-nine of the same Code are hereby
repealed.
Sec. 5. This Act take effect upon its approval.
Approved: March 28, 1951.
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