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.