Title
Amendment on Election Return Copies and Distribution
Law
Republic Act No. 8173
Decision Date
Dec 20, 1995
Republic Act No. 8173 amends the distribution of election returns in national and local elections, specifying the recipients and including provisions for citizens' arms and repealing inconsistent laws.
A

Legal basis and amendments made

  • Section 1 amends Section 27 of Republic Act No. 7166 (as amended by Republic Act No. 8045).
  • Section 1 rewrites Section 27 to specify both the number of copies of election returns and their distribution, including a citizens’ arm copy.
  • Section 2 repeals inconsistent laws, decrees, executive orders, rules, and regulations.

Policy and legislative intent

  • Republic Act No. 8173 is enacted to grant all citizens’ arms equal opportunity to be accredited by the Commission on Elections.
  • Section 1 implements this intent by requiring election returns to be distributed to a citizens’ arm authorized by the Commission for an unofficial count.

Number and form of election returns

  • The board of election inspectors must prepare election returns in handwriting in their respective polling places under Section 27.
  • The board must prepare election returns in the number of copies required by Section 27 under Section 27.
  • The board must use the form prescribed and provided by the Commission under Section 27.
  • The Commission prescribes the form and determines which citizens’ arm receives the citizens’ arm copy for unofficial counting under Section 27.

Distribution rules for national elections

  • For the election of President, Vice President, Senators and Members of the House of Representatives, Section 27 requires distribution of election return copies as follows:
  • The first copy must be delivered to the city or municipal board of canvassers under Section 27(a)(1).
  • The second copy must be delivered to the Congress, directed to the President of the Senate under Section 27(a)(2).
  • The third copy must be delivered to the Commission under Section 27(a)(3).
  • The fourth copy must be delivered to the dominant majority party as determined by the Commission under Section 27(a)(4).
  • The fifth copy must be delivered to the dominant minority party as determined by the Commission under Section 27(a)(5).
  • The sixth copy must be delivered to a citizens’ arm authorized by the Commission to conduct an unofficial count under Section 27(a)(6).
  • The accreditation of the citizens’ arm for the sixth copy is subject to Section 52(k) of Batas Pambansa Blg. 881 under Section 27(a)(6).
  • The seventh copy must be deposited inside the compartment of the ballot box for valid ballots under Section 27(a)(7).

Distribution rules for local elections

  • For the election of local officials, Section 27 requires distribution of election return copies as follows:
  • The first copy must be delivered to the city or municipal board of canvassers under Section 27(b)(1).
  • The second copy must be delivered to the Commission under Section 27(b)(2).
  • The third copy must be delivered to the provincial board of canvassers under Section 27(b)(3).
  • The fourth copy must be delivered to the dominant majority party as determined by the Commission under Section 27(b)(4).
  • The fifth copy must be delivered to the dominant minority party as determined by the Commission under Section 27(b)(5).
  • The sixth copy must be delivered to a citizens’ arm authorized by the Commission to conduct an unofficial count under Section 27(b)(6).
  • The accreditation of the citizens’ arm for the sixth copy is subject to Section 52(k) of Batas Pambansa Blg. 881 under Section 27(b)(6).
  • The seventh copy must be deposited inside the compartment of the ballot box for valid ballots under Section 27(b)(7).

Repeal and inconsistent laws

  • Section 2 provides that all laws, decrees, executive orders, rules and regulations, or parts thereof, inconsistent with Republic Act No. 8173 are repealed.

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