REPUBLIC OF THE PHILIPPINES

UNIVERSITY OF SOUTHERN MINDANAO

KABACAN, COTABATO

UNIVERSITY STUDENT GOVERNMENT

SENATE
A.Y. 2018-2019

THE REVISED USG-ASG-LSG OMNIBUS ELECTION CODE OF THE

UNIVERSITY OF SOUTHERN MINDANAO

ARTICLE I

GENERAL PROVISIONS

SECTION 1. Title. This code shall be known and cited as the “Revised USG-ASG-LSG
Omnibus Election Code.”

SECTION 2. Applicability. This code shall rule all elections of USG-ASG-LSG officers
and other matters concerning herein

SECTION 3. Regular date of Election. The election date of USG-ASG-LSG elective

position shall be held every 3rd or 4th of Thursday of April, depending on the decision of the
COMELEC.

SECTION 4. Election period. The election period shall commence four (4) weeks before
the election and shall end one (1) week thereafter. The first week shall be allotted for the
filing candidacy, while the second week shall be allotted for the screening of the aspiring
candidates. The third week shall be utilized as the campaign period of the candidates. During
the fourth week, campaign of any form shall be prohibited.

SECTION 5. Postponement of Election. When for any serious cause such as violence, loss
or destruction of election paraphernalia or records, and other analogous cause in nature that
the holding of free, orderly and honest election might be impossible in any political
subdivision, the Commission on Election, upon the verified and writing position by any
interested party, and after due notice and hearing whereby all interested parties are afforded
equal opportunity to be heard, shall postpone the election and set a new date which shall be
reasonably close to the original scheduled election.

SECTION 6. Failure of Election. The Commission on Election may declare a “Failure of

Election” in the instance of:
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 a. destruction of election paraphernalia to the degree that an orderly and proper
election may not be held in the instance that postponement is already
unreasonable and of no use;
b. an occurrence of electoral fraud is committed and is proven true through due
process of law; and
c. violation of any of the provisions in this code without any reason deemed valid
by law.

SECTION 7. Call of Special Election. In case of vacancy in the USG/LSG four (4) months
or more before a regular election, the Commission on Election shall call a special election
which will be held within ten (10) days after the vacancy to elect a new official to serve for
the unexpired term.

SECTION 8. Availability of Election Code in Polling Places. A printed copy of this code
in English shall be provided and made available by the Commission in every polling place
as a reference which can be used by any person or student in need thereof on the revision
and election days.

SECTION 9. ASG Votes for the USG. The constituents of the Autonomous Student
Government/s shall vote for a USG President, a USG Vice President and the 12 USG
Senators. The same shall be practiced by constituents of other Student Governments outside
the USM-Main Kabacan Campus.

SECTION 10. Election Expenses. Except for classroom election, expenses that may be
necessary and reasonable in connections with the election and other similar exercises shall
be paid by the Commission.

Funds needed by the Commission to defray the expenses for holding of regular and special
elections shall be provided in the regular and special appropriations of the Commission,
which upon request shall be immediately released to the Commission. In case of deficiency,
the amount so provides the purpose of holding proper election.

SECTION 11. Failure to Assume Office. The office of any elected official who fails or
refuses to take his oath of office within three months from his proclamation shall be
considered vacant.

ARTICLE II

COMMISSION ON ELECTIONS (COMELEC)

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SECTION 12. Powers and Functions of the Commission on Elections. The COMELEC
shall have executive responsibility of the enforcement and administration of all laws relative
to the conduct elections, whether class, local, or general, for the purpose of ensuring free,
orderly and honest elections, and shall:

a. decide, and solve those issues involving the right to vote, all administrative
questions affecting elections including the number and location of polling places
and the appointments of election inspectors and of other election officials.

b. exercise direct and immediate supervision and control over the officials of USG,
ASG and LSG to perform duties relative to the conduct of elections.

c. relieve any officer who violates the election law or fails to comply with its
instructions, orders, decisions or rulings from the performance of his duties relating
to electoral processes and appoint his substitute. Upon recommendation of the
Commission, the corresponding proper authority shall suspend or remove from
office any or all of such officers who may, after due process, be found guilty of
such violation or failure;

d. promulgate rules and regulations implementing the provisions of this code or other
laws, which the Commission is required to enforced and administer;

e. prevail in case of conflict between rules, regulations, orders or directives of the

Commission in the exercise of its constitutional powers and those issued by any
other administrative office or organizations of the university concerning the same
matter relative to elections;

f. summon the parties to a controversy pending before it, issue subpoena, and take
testimony in investigation or hearing;

g. accept controversy submitted to the Commission and, after compliance with the
requirements of due process, be immediately heard and decided within three (3)
days from submission thereof. The Commission shall render no decision or
resolution unless taken up in a formal session properly convened for the purpose;

h. avail assistance of university security force or the ROTC to execute its direct and
immediate supervision on any of its decisions, orders, instructions or rulings;

i. prescribe the use of the latest technological and electronic devices, taking into
account the situation prevailing in the area and the funds available;

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 j. carry out a continuing and systematic campaign through media forms to educate the
students and inform the electorate about election laws, procedure, decisions, and
other matters relative to the work and duties of the Commission and the necessity of
clean, free, orderly and honest electoral process;

k. undertake an information campaign before election day on salient features of this

Code and help in the dissemination of the orders, decisions and resolutions of the
Commission relative to the forthcoming election;

l. exhort all students in their respective areas to go to their polling places and cast
their votes on election day;

m. submit to the president and to the senate, after each election, a report on the manner
in which an election was conducted; and

n. exhibit transparency at all times. Any instances that manifest secrecy with the intent
of biases, prejudice or personal interests shall be deemed as a violation of their
mandate.

SECTION 13. Composition of the COMELEC. The Commission on Elections shall be

composed of one (1) chairperson, one (1) deputy chairperson and four (4) commissioners as
follows:

a. Violations and complaints commissioner

b. Candidate relations commissioner
c. Public and Student relations commissioner
d. Finance and external affairs commissioner,

to be appointed by the USG President upon the consent of the Commission on

Appointments, who shall hold office for a term of one school year. The Commission shall
have its counterpart in all of the University Campuses. The same structure shall be followed
which shall be appointed by the ASG President and LSG Governor for USM-KCC and
USM-Buluan respectively.

SECTION 14. Date of Appointments. The USG president shall appoint a chairperson and
four (4) commissioners 14 days before the oath taking ceremony.

SECTION 15. Domicile. The Commission shall utilize the USG office during election
process. The venue of the polling place and the day of election shall be identified by the
COMELEC.
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SECTION 16. Qualification. The following shall be the qualifications for the chairperson
and four commissioners of the COMELEC:

a. a bona fide college student of USM with no failing grade in the preceding
semester;
b. not a graduating student prior to his/her obligation;
c. not a member of the Mindanao Tech;
d. must not hold a major position(President/Vice President) in other organizations
in the campus;
e. must not undergo internship during his/her term of office;
f. must be of good moral character; and
g. must have knowledge about election.

SECTION 17. Disqualifications. The chairman and members of the Commission shall be
subject to the standards of the judicial ethics (what kind of judicial ethics?) in the discharge
of their functions. No Chairman or Commissioner shall sit in any case in which he was
manifested biased or prejudice for or against or antagonism against any party thereto and in
connection therewith, or in case in which he would be disqualified under the ethics of
election.( what is your basis? And how can you say that the commissioner is biased or rival
of any political party..)

ARTICLE III

POLITICAL PARTIES

SECTION 18. Political Party. “Political party” or “party”, when used in this Act, means an
organized group of persons pursuing the same ideology, political ideas or platform of
government. To acquire juridical personality (what kind of juridical personality?), the party
shall first be duly registered to the COMELEC.

SECTION 19. Registration. Any organized group of persons seeking registration as a

university political party may file to the Commission a verified petition attaching thereto its
constitution and by-laws, platform or program of government and such other relevant
information as may be required by the Commission. No religious sector shall be registered
as a political party and no political party which seeks to achieve its goal through violence
shall be entitled for accreditation.

ARTICLE IV

ELIGIBILITY OF CANDIDATES AND CERTIFICATE OF CANDIDACY

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SECTION 20. Qualifications for USG, ASG President and Vice President

a. a citizen of the Republic of the Philippines

b. a bona fide college student of University of Southern Mindanao on the day of
election,
c. has no failing grades in the preceding two semesters
d. at least 18 years of age on or before the day of the election
e. a resident of the University for at least three (3) semesters
f. not a staff of Mindanao Tech and other student publication
g. must not hold any position in other campus organizations
h. must not undergo internship outside the campus during the term
i. must be of good moral character

SECTION 21. Qualifications for USG, ASG Senators, LSG Governor and Vice
Governor

a. a bona fide college student of USM on the day of election

b. a resident of the University for at least three (3) semesters
c. has no failing grade in the preceding two semesters
d. not a staff of the Mindanao Tech and other student publication
e. must not undergo an internship outside the campus during the term
f. must not hold any position in other organizations
g. a bona fide member of the sector he/she seek to represent
h. must be of good moral character

SECTION 22. Qualification for LSG Board Members

a. a bona fide college student of USM on the day of the election

b. a resident of the University for at least two (2) semesters
c. has no failing grade on the preceding semester
d. a bona fide member of the sector he/she seeks to represent
e. must be of good moral character

SECTION 23. Candidates Holding Appointive Office/Position. Any person holding a

university or local office position, including active membership to other organizations, shall
be considered resigned from his office upon filling of his/her certificate of candidacy.

SECTION 24. Candidates Holding Elective Office/Position. Any elective official,

whether USG or LSG, running for any office other than the one which he is holding in a
permanent capacity, shall be considered resigned from his office upon filling of his
certificate of candidacy.

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SECTION 25. Disqualifications. Any candidate who, in an action or protest in which he is
a part is declared by final decision guilty of, or found by the Commission of having:

a. given money or other material consideration to influence, induce or corrupt the

voters or other officials performing electoral functions;

b. spent in his elections campaign an amount in excess of that allowed by the

Commission; and

c. shall be disqualified from continuing as a candidate, or if he has been elected,

from holding the office.

SECTION 26. Nuisance candidates. The Commission may, upon a verified petition of an
interested party, refuse to give due course to or cancel a certificate of candidacy if it is
shown that the said certificate has been filed to put the election process in mockery or
disrepute or to cause confusion among the voters by the similarity of the names of the
registered candidates or by other circumstances or acts which clearly demonstrate that the
candidate has no bona fide intention to run for the office for which the certificate has been
filed and thus prevent a faithful determination of the true will of the electorate.

SECTION 27. Changing Political Party Affiliation. An elective official may change his
party affiliation for the purpose of the election next following his change of party within two
semesters prior to such election.

SECTION 28. Certificate of Candidacy.

a. No student shall be eligible for any elective position unless he files a sworn
certificate of candidacy within the period provided by the Commission.
b. A student who has filed a certificate of candidacy may, prior to the election,
withdraw the same by submitting to the office concerned a written declaration
under oath.
c. No student shall be eligible for more than one office to file in the same
election, and if he files his certificate of candidacy for more than one office, he
shall not be eligible for any of them. However, before the expiration of the
period for the filing of the certificates of candidacy, the person who has filed
more than one certificate of candidacy for the other office or offices.
d. The filling or withdrawal of certificate of candidacy shall not affect whatever
civil liabilities in which a candidate may have incurred.

SECTION 29. Contents of the Certificate of Candidacy.

a. The certificate of candidacy shall state that the student filing is announcing his
candidacy for the office stated therein and that he is eligible for the said office,
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 political party to which he belongs, civil status, date of birth, and residence;
that he will support and defend the Constitution of the USG and LSG and will
maintain true faith and allegiance thereto; that he will obey the law, legal
orders, and decrees promulgated by the Constitution; that the obligation
imposed by his oath is assumed voluntarily, without mental preservation of
purpose of evasion; and that the facts stated are in the certificate are true to the
best of his knowledge.
b. The student filing a certificate of candidacy shall also affix his latest
photograph, bio-data and a statement of program of government not exceeding
one hundred words, if he so desires.

SECTION 30. Candidate Substitution. A political party may file a substitution of a

candidate/s in the instances wherein:

a. The candidate to be substituted for has formally withdrawn his

candidacy through a letter and that the COMELEC officially
announces his/her withdrawal.
b. The reason for his withdrawal is valid.
c. The candidate to be substituted for has been formally disqualified.
d. The substitute shall be qualified to run for the position he/she wishes
to pursue.

The substitution shall be made before the official start of the campaign period or at a later
time provided that the change can be accommodated before the printing of the official
ballots.

SECTION 31. Ministerial Duty of Receiving and Acknowledging Receipt. The

Commission shall have the ministerial duty to receive and acknowledge receipt of certificate
of candidacy. All receipts shall be in the hands of the COMELEC chairperson before 12:00
midnight of the last day of filing of candidacy.

ARTICLE V

CAMPAIGN AND ELECTION PROPAGANDA

SECTION 32. Definitions. As used in this code:

a. The term “candidate” refers to any student aspiring for or seeking an elective office, and
who has filed a certificate of candidacy by himself or through an accredited party or
coalition of parties.

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b. The term “election campaign” refers to an act designed to promote the election or
defeat of a particular candidate/s to a university/college student office which shall
include:

1. forming organizations, clubs, committees or other groups of students for the

purpose of soliciting votes and /or undertaking any campaign for or against a
candidate;
2. holding meetings, rallies, parades, or other similar assemblies, for the purpose of
soliciting votes and/or undertaking any campaign or propaganda for or against a
candidate;
3. making speeches, announcement commentaries, or holding interviews for or against
a candidate;
4. publishing or distributing campaign literature or materials design to support or
oppose the election of any candidate; or
5. directly pledges a candidate; indirectly soliciting votes, support for or against a
candidate.

SECTION 33. Election Campaign Outside Campaign Period. Be it unlawful for any
student, whether or not a candidate, or for any party or association of, to engage in an
election campaign or any activity except during the campaign period.

SECTION 34. Election Campaign During Campaign Period. Any candidate may start
campaigning at the beginning of the campaign period. It may include:

a. a room to room campaign with due permission from the professor/instructor

holding the class;
b. a boarding house to boarding house or house to house campaign with due respect
to the owner; and
c. posting of stickers, giving pamphlets and leaflets and other printed materials
urging students to vote within or outside the university.

SECTION 35. COMELEC Posting Area. Whenever practicable, the Commission shall
also designate and provide for a common poster area in strategic and conspicuous places in
each college/institution wherein candidates can announce further their candidacy through
posters, said place to be likewise allocated shall be free of charge, equally and impartially by
the Commission among all the candidates concerned.

SECTION 36. Meeting de Avance. The meeting de avance will be held two days before
the election day. All candidates from the President down to the Board Members as well as
the students are required to attend as well as the students.

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 ARTICLE VI

PRECINCTS AND POLLING PLACES

SECTION 37. Precincts and Their Establishment. The unit of territory for the purpose of
voting shall be identified by the COMELEC.

SECTION 38. Arrangements and Contents of Polling Place/s. In each polling place, the
Commission shall:

a. provide a list of candidates that can be easily seen and read by the students
elsewhere in the polling place before the day of election. The Commission shall
also post inside the precinct a list of candidates in front of the voter booths on
the day of election;
b. during the voting, provide a booth in each polling place for every nine to twelve
voters. The booths shall be arranged so that they can be accessible for the
entering and exiting of voters, and shall be kept lighted if necessary;
c. on the day of election, one ballot box with two compartments. The large
compartment box shall be used for valid ballots containing the names of
candidates cast and the small compartment shall be used for the detached coupon
containing the number, signature and thumbmark of the voter;
d. provide an official ballot in a uniform size and color and shall be provided at the
student’s expense;
e. at the beginning of the counting, assign a place within the plain view of the
board of electing tellers, watchers and the public for a tally board. It is where the
names of all registered candidates to be voted upon shall be written and the poll
clerk shall record therein the votes received by each of them as the Commission
reads the ballot;
f. in every polling place, ensure a space or distance, as much as possible, a guard
rails between the voting booths, table for ballot boxes, and for the inspectors and
watchers inside the precinct; and
g. place in-charge a board of election teller inspector sitting near the table of ballot
boxes and in the doorway to guard and control the entrance and exit of voters.
Thus, to give them orderly access to the table and the booths during the voting.

SECTION 39. Inspection of Polling Places. Before the day of the election, the chairman of
the Commission shall, through its authorized representatives, see to it that the polling places
are inspected and such omissions and defects as may be found corrected. The Commission
shall keep the reports on those inspections.

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 ARTICLE VII

BOARD OF ELECTION TELLERS (BET)

SECTION 40. Composition and Appointment of the Board of Election Tellers. Fifteen
(15) days before the commencement of election, the Commission shall, directly or through
the consent of the LSG Governor of each college/institute, constitute a board of election
tellers for each precinct. It shall be compose of a chairman and four (4) members.

SECTION 41. Qualification of board of election tellers.

a. a bona fide student of USM

b. able to speak and write English or the local dialect
c. of good moral character
d. not a member of Mindanao Tech
e. has no information of any election offense against him.

SECTION 42. Disqualification. No person shall serve as chairman or member of the board
of election tellers if he is related within third civil degree of consanguinity to any candidate
to be voted for in the polling place.(committed election offenses or fraud)

SECTION 43. Powers and Duties of the Board of Election Tellers.

The board of election tellers shall have the following powers and functions:

a. conduct voting and counting in their respective places;

b. act as deputies of the Commission in the supervision and control of the election
in the polling place wherein they are assigned to assure the holding of the same
in free, orderly and honest manner; and
c. perform such other functions prescribed by this Code or by the rules and
regulations promulgated by the Commission.

SECTION 44. Voting Privileged of Members of Board of Election Tellers. Members of

the board of election tellers may vote in: the polling place where they are assigned on the
election day.

SECTION 45. The meeting public and commission. The board of elections tellers shall
act through its Chairman and shall decide without delay, by majority vote, all questions
which may arise in the performance of its duties. Proceeding of the board of election tellers
shall be held only in the place authorized by the Chairperson.
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SECTION 46. Prohibition of Political Activity. No member of the board of election tellers
shall engage in any partisan political activity or take in the election except to, discharge his
as such and to vote.

ARTICLE VIII

WATCHERS

SECTION 47. Official watchers of candidates. Every registered political party, coalition
of political parties and every independent candidate shall each be entitled to have watchers
in every polling place.

SECTION 48. Qualifications of watchers. No student shall be appointed unless he/she is:

a. a bona fide student of USM;

b. must know how to read and write English or any prevailing local dialect;
c. not related within fourth degree of consanguinity to the chairman or any member
of the BET in the polling place where he seeks appointment as watcher; and
d. not a member of Mindanao Tech.

SECTION 49. Rights and Duties of Watchers. Upon entering the polling place, the
watcher shall present to the chairman of the BET their appointments as watchers and their
names shall forthwith be recorded in the Minutes of Voting and Counting of Votes with a
notation under their signatures that they are not disqualified to serve as such under the
immediately preceding section. The appointments of the watchers shall bear the personal
signatures of the candidates who appointed them.

The watchers shall have right to:

a. stay in the space reserved for them inside the polling place;
b. witness and inform themselves in the proceedings of the BET;
c. take note what they may see or hear;
d. take photographs of the proceedings or incidents, if any, during the counting or
votes, as well as of the elections returns, tally board and ballot boxes;
e. file a protest violation of law committed by any person;
f. obtain from the BET a certificate as to the filing of such protest and/or of the
resolution thereof;

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 g. read the ballot after it shall have been read by the chairman as well as the
election returns after it shall have been completed and signed by the members
of the BET without touching the said election document; and
h. be furnished upon request with certificate of the number of votes in words or
figures cast for each candidates, duly signed by the chairman and all the
members of BET.

Watchers shall not speak to any of the members of the BET, or to any voters, in such a
manner as would disturb the proceedings of the BET, and shall stay in the space reserved for
them inside the polling place.

ARTICLE IX

CASTING OF VOTES

SECTION 50. Only a bona fide student of the University of Southern Mindanao is allowed
to vote.

SECTION 51. Voting hours. The casting of votes shall start at eight o’ clock in the
morning (8:00 AM) and shall end at four thirty o’ clock in the afternoon (4:30 PM) of
Election Day. However, if there is still a voting queue after four thirty o’ clock, they shall
be allowed to vote.

SECTION 52. Preliminaries to the voting. The board of election tellers shall meet at the
polling place at six thirty in the morning (6:30 AM) on the day of the election and perform
the following:

a. see to it that they have all the election forms with control numbers, documents
and supplies needed;
b. post include the precinct a list of candidates registered and with the position’
they seek for; and
c. check the ballot box if it is really empty.

SECTION 53. Rules to be Observed During Voting. During the voting, the BET shall see
to it that:

a. no watchers enter the place reserved for the voters and the board of election
tellers or mingle and talk with the voters;
b. no ballot is brought outside the polling place;

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 c. the voters vote in the order of their arrival in the polling place;
d. there is no crowding of voters and disorderly behavior inside the polling place;
e. no candidate shall stay inside the polling place except to vote;
f. no person/student solicit votes or undertakes any propaganda for or against any
candidate; and
g. no member of the board of election tellers signs any blank election form.

SECTION 54. Order of Voting. The voters shall vote in the order of their entrance into the
polling place. The voters shall have the right to freely enter the polling place as soon as they
arrive unless there are voters waiting inside, in which case they fall in line in the order of
their arrival and shall not crowd the table of the board of election tellers. The voters after
having cast their votes shall immediately depart.

SECTION 55. Manner of Voting. The following shall be the procedure in casting a vote:

1. The voter shall take a look on the voters list posted in the entrance of polling
place and take note of his/her number.
2. The voter shall approach the board of election teller and sign his name, year,
course and signature in the sheet provided.
3. Then the voter will be given a ballot so he has to fill on the same sheet the
ballot’s control number.
4. The voter will fill the ballot at the booth reserved for him/her.
5. After the voter has filled out his ballot, the Chairman shall then detach the
coupon in the presence of the board of election tellers and of the voter and shall
deposit the folded ballot in the large compartment of the ballot for valid votes,
and the detached coupon in the smaller compartment for spoiled ballot.
6. The voter shall then depart.

SECTION 56. Prohibitions on Voting. The voter shall not:

a. fill his ballot accompanied by anybody;

b. speak with anyone while filling out his ballot other, than as herein provided;
c. intentionally tear, deface, or erase any printing on the ballot or put thereon any
distinguishing marks;
d. exhibit its contents to any person or student; and
e. bring the ballot outside the polling place.

SECTION 57. Disposition of Unused Ballots at the End of Voting Hours. The unused
ballots shall, in the presence of the board of election tellers and watchers present, if any, be
torn in half lengthwise without removing the detachable coupon. The left halves of the torn
ballots shall be placed inside the envelope intended for the purpose, sealed with the paper

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seal and submitted to the Commission. The other halves shall be placed in the envelope for
excess/marked/unused official ballots and be deposited in the ballot box.

ARTICLE X

COUNTING OF VOTES

SECTION 58. Counting of votes. The votes shall be counted publicly, without interruption
or delay until completed, in the USG Building or any building which the Commission deems
to suit the protocols provided herein for the counting.

a. Only the watchers are allowed to stay inside the Counting building.(BETs
commissioners and volunteers, ROTC and other authorized persons by the
commission.
b. The COMELEC shall designate each college/institute their respective counting
place/s.

SECTION 59. Preliminaries to the counting. The following activities shall be undertaken
before counting any of the ballots cast:

a. The board of election tellers shall move the table away from the wall so that
when they count the votes, space is provided behind them. Also, this allows the
watchers to have an unimpeded view of the ballot as it is being read by the
Chairman and the election returns as well as the tally sheet. The table shall be
cleared of all unnecessary writing paraphernalia. Any violation of the foregoing
requirement shall constitute an election offense.
b. The board of election tellers shall open the ballot box, take out the ballots from
the box for valid ballots.
c. Before proceeding to count the votes, the board of election tellers shall count
the ballots in the box for valid ballots without unfurling them or exposing their
contents except so far ascertain that each ballot is single. Then compare the
number of ballots in the box with the number of voters who have voted. If there
are excess ballots, they shall be returned in the box and thoroughly mixed
therein, and the chairman without seeing the ballots and with his back to the
box, shall publicly draw out as many ballots as may equal to the excess and
without unfolding them, place them in an envelope which shall be marked as
“excess ballots” and which shall be sealed and signed by the members of the
board of election tellers. The envelope shall be placed in the box for valid
votes, but its content shall not be read in the counting of votes. If in the course
of examination ballots are found folded together before they were deposited in
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 the box, they shall be placed in the envelope for excess ballots. In case ballots
with their detachable coupons are found in the box, the box for spoiled ballots,
and the ballots shall be included in the file of valid ballots.
d. The valid ballots shall be separated by piles of one hundred (100) and shall be
bound by rubber bands.

SECTION 60. Manner of Counting Votes. The counting of votes shall be done in the
following manner:

1. The board of election tellers shall unfold the ballots and form separate piles of
one hundred, which shall be held together with rubber bands. The chairman of
the board of election tellers shall take the ballots of the first pile one by one
and read the names of the candidates voted for.
2. The poll clerk and third member shall record each vote on the election returns
and tally sheet as the name of candidate voted for is read. Each vote for a
candidate shall be recorded by a vertical line, except in every fifth vote for the
same candidate, which shall be recorded by a diagonal line crossing the
previous four vertical lines.
3. After counting the votes in the first one hundred (100) ballots, the board of
election tellers shall determine the total number of votes recorded for each
candidate, the sum being noted on the election returns and on the tally sheet in
the box immediately after the last entry or vote. In case of discrepancy, the
ballots already counted shall then be grouped together again as before the
reading and such recount as maybe necessary shall be made. The BETs shall
make sure that the tally on the tally sheets and election returns are the same at
all times, and that none of the two are lagging.
4. Thereafter, the same procedure shall be followed with the second and
subsequent piles of ballots. After the ballots shall have been read. The Board
of election tellers shall add the subtotals recorded for each candidate, record
the aggregate sum on both the election returns and tally sheet and sign the
certification portion of the returns and tally sheet.
5. The counted ballots shall then be bound again by piles of one hundred (100).
The ballot, as a representation of the constituencies’ voice shall be respected
at all times. Crumpling, tearing or damaging it by any manner shall be deemed
a violation of this code.
6. The board of election tellers shall then place the counted ballots in an
envelope provided for the purpose, close and sign the envelope. Then, they
shall seal it and deposit the envelope in the ballot box for valid votes. The
tally sheet as accomplished and certified by the board of election tellers shall
be kept in the envelope provided.
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 7. After the completion of the counting of the votes cast, chairman shall
announce the result of the election in the precinct.

SECTION 61. Appreciation of Ballots. A ballot shall be deemed to be valid unless there is
a justification of its rejection. No watcher, candidate, or any other student inside the polling
place shall be allowed to participate in the appreciation of ballots, except that any watcher
may file protest. Any question in the appreciation of ballots shall be decided by a majority of
the members of the election tellers.

In the appreciation of ballots, the board of election tellers shall observe the following rules:

a. Where only the first name or surname of a candidate is written, the vote for such
candidate is valid, if there is no other candidate with the first name or surname for the
same office:
b. Where only first name of a candidate is written on the ballot which when read has a
sound similar to the surname of another candidate, the vote shall be counted in favor
of the candidate with such surname.
c. If there are two (2) or more candidates with the same full name, the vote shall be
invalidated.
d. In case, the candidate is woman who uses her maiden or married surname or both and
there is another candidate with the same first name and surname, the vote shall be
invalidated.
e. When two (2) or more words are written on the same line on the ballot, all of which
are the surnames of two (2) or more candidates, the same shall not be counted for any
of them.
f. When on the ballot is written a single word which is the first name of a candidate and
which at the same time the surname of his opponent, the vote shall not be counted in
for either one;
g. A name or surname incorrectly written, which when read has a sound familiar to the
name or surname of a candidate when correctly written shall be in favor of such
candidate;
h. When a name of a candidate appears in a space of the ballot for an office for which he
is not a candidate and in another space for which he is a candidate, it shall be counted
in his favor for the office for which he is a candidate. The vote for the office for
which he is not a candidate shall be considered as stray.
i. When in space in the ballot there appears a name of a candidate that is erased and
another clearly written, the vote is valid for the latter;
j. The erroneous initial of the first name which accompanies the correct surname of a
candidate, the erroneous initial of the surname accompanying the correct first name of
a candidate shall not annul the vote in favor of the latter;

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 k. The use of nicknames and appellations of affection and friendship if accompanied by
the first name or surname of the candidate and it is the one by which he is generally
or popularly known in the locality, the name shall be counted in favor of the said
candidate for the same office with the same nickname;
l. Any vote containing initials only on which he is illegible or which does not
sufficiently identify the candidate for whom it is intended shall be considered as stray
vote but shall not invalidate the whole ballot;
m. If on the ballot is correctly written the first name of a candidate but with a different
surname, the vote shall not be counted in favor of any candidate having such first
name and /or surname, but the ballot shall be considered valid for other candidates;
n. Any ballot written with crayon, lead pencil, or ink wholly or in part, shall be valid;
o. Where there are two (2) or more candidates voted for in an office for which the law
authorizes the election of only one, the vote shall not be counted in favor of any of
them, but this shall not affect the validity of the other votes therein;
p. If the candidates voted for exceed the number of those to be elected, the ballot is
valid, but the vote shall be counted only in favor of the candidates whose names
where firstly written by the voter within the spaces provided for the said office in
ballot until the authorized number covered;
q. Any vote in favor of a person who has not filed a certificate of candidacy or in favor
of a candidate for an office for which he did not present himself shall be considered
as a stray vote, but it shall not invalidate the whole ballot;
r. Any ballot which clearly appears to have been filled by two (2) distinct persons
before it was deposited in the ballot box during the voting is totally null and void;
s. The accidental tearing or perforation of a ballot does not annul it; and
t. Failure to remove the detachable coupon from a ballot does not annul such ballot.

SECTION 62. Election Returns. The board of election tellers shall prepare the election
returns simultaneously with the counting of the votes. The recording of votes shall be made
as prescribed in the said section. The entry of the votes in words and figures for each
candidate shall be closed with signature, likewise to be affixed in full view of the public,
immediately after the last vote recorded on immediately after the name of the candidate who
did not receive any vote.

The return shall also show the date of the election, the polling place, the total number of
valid ballots found box and the total number of votes obtained by such candidate writing out
the said number in words and figure. The attendance sheet of the students who cast votes
shall be included too. Then the board of election tellers shall certify that the contents are
correct. The returns shall be accomplished in a single sheet of paper, but if this is not

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possible, additional sheets may be used which shall be presented in the same manner as the
first sheet and likewise certified by the board of election tellers.

Immediately upon the accomplishment of the election return, each copy thereof shall be
sealed in the presence of the watchers and public, and placed in the proper envelope, which
shall likewise be sealed and distributed herein.

SECTION 63. Proclamation of the Return in the Precinct. Upon the completion of the
election returns, the chairman of the board of election tellers shall orally and publicly
announce the total number of votes received in the election in the polling place by each and
every one of the candidates, stating their corresponding office.

SECTION 64. Manner of Delivery and Transmittal of Election Return. The copy of the
election returns shall be placed inside the sealed envelope and shall be handed by the board
of election tellers and watchers to the COMELEC for the main canvassing of votes.

It shall be unlawful for any person to delay, obstruct, or prevent through force or by any
means the transmittal of the election returns, or to take away, destroy, deface or substitute
the election returns or the envelope or the ballot box containing the election returns.

It shall also be unlawful to violate the right of the watchers to accompany the board of
election tellers in delivering the election returns to the board of canvassers.

SECTION 65. Alterations and Corrections in the Election Return. Any correction or
alteration made on the election return by the board of election tellers before the
announcement of the results of the elections in the precinct shall be duly initialed by all the
members thereof.

SECTION 64. Certificates of Votes. Upon the request of the candidates’ watchers and
before leaving the precinct, it shall be the duty of the board of election tellers to issue
certifications as the number of votes received by the candidates. All the members of the
election tellers shall sign the certificate.

SECTION 65. Preservation of the Ballot boxes, Election returns and Other documents.
The ballot boxes, election returns and other documents of each polling place shall be
delivered to the Chairman of the board of election who shall have custody of the same,
keeping them in a safe place, until such time the Commission shall give instructions on their
disposition.

ARTICLE XI

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 CANVASS AND PROCLAMATION

SECTION 66. Canvassing. The Commission on Elections shall canvass the election returns
from the board of election tellers of each precinct. The Commission on Election shall meet
not later than five o’ clock in the afternoon (5:00 PM) of the Election Day at the Canvassing
place to receive the election returns and to immediately canvass those that may have already
been received. In canvassing the election returns, the Commission on Elections shall comply
with the following procedures:

a. The Chairman of the Commission on election shall receive the election returns
contained in a duly sealed envelope from the board of election.
b. Before opening each envelope, the Chairman of the Commission of election
shall:
1. exhibit the envelope to those who are present;
2. open the envelope and retrieve the election returns;
3. examine the condition of the inner paper seal of the election returns,
while the secretary records in the minutes of the canvass the condition,
the serial number of election returns, the attendance sheet of voters, and
the votes tabulated.
c. If there is no objection to the election returns, the Commission on election shall
proceed to canvass by reading the votes of the candidate and entering the same
in the statement of votes. The Commission on elections shall provide a board
where name of candidates contesting the position for USG President and Vice
President were written for the observer to see the number of votes obtained.
d. If there is an objection to the election returns, the secretary of the Commission
on election shall note the objection in the minutes of canvass and proceed to
canvass the election returns as provided in item C hereof.
e. Immediately after the election return has been canvassed, the chairman of the
Commission on election shall write to the upper right hand corner the word
“canvassed” and affix below it his signature and the date of the canvass.
Thereafter, the canvassed election returns shall be returned to its envelope.
f. During the canvassing of votes solely the commission and its members could
participate since the watchers witnessed and acquire preliminary results during
the counting.

SECTION 67. Manifest Error. Where it is clearly shown before proclamation that the
manifest errors were committed in the tabulation or tallying election returns during the
canvassing, the Commission on Election upon verified petition by any candidate, after due

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notice and hearing correct the errors committed shall correct the manifest errors following
the procedures mentioned herein.

There is manifest error in the tabulation or tallying of the results during the canvassing
when:

i. a copy of election tabulated more than once;

ii. there was a mistake in the copying of the figures from the election returns to the
statement of votes; and
iii. there was a mistake in the addition of the votes of any candidate.

In order to correct the manifest errors, the following procedures shall be complied.

i. The order for correction must be in writing and promulgated.

ii. Any candidate aggrieved by the said order may appeal the same to the
Commission within twenty four hours from promulgation.
iii. Once an appeal is made, the Commission on election shall not proclaim the
winning candidates, unless the votes are not affected by the appeal.
iv. The appeal implied the respondents the Commission of election concerned and
all candidates that may ad versed affected.
v. The Commission on election concerned shall immediately set the appeal for
hearing.
vi. The appeal shall be heard and immediately decided by the Commission.

SECTION 68. Proclamation of Results. After affixing their signatures on the certification
portion of both the statement of votes and certification of both the statement of votes and
certificate of canvass and proclamation, the Commission on Elections shall then officially
announce the candidate and its position and that he/she obtained the highest number of
votes. No Certificate of Proclamation shall be signed and promulgated if there is an ongoing
hearing of an unresolved Electoral Complaint.

SECTION 69. Safekeeping of the Canvassed Election Returns. After the canvass the
Commission on election shall place the election returns in their original envelope in the
envelope provided for the purpose, close and seal the same with a paper seal. The Chairman
and the members thereof shall affix their signature on the paper seal.

Thereafter, the election returns and the ballot boxes shall be placed in a safe and secure
room in the office of USG.

SECTION 70. Certificates of canvass and proclamation. The commission on election

shall prepare in triplicate the certificate of canvass and proclamation duly signed by each
member, supported by the statement of votes received by each candidate in each precinct,
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and, on the basis thereof, proclaim as elected the candidates who obtained the highest
number of votes.

The original copy of the certificate of canvass and proclamation shall be at hand to the
election officer. The second shall be distributed to the winning candidate for the USG
president. Then, the third copy to the Senate of Commission on Elections.

SECTION 71. When the Election Returns are Delayed, Lost or Destroyed. In case the
copy of the election returns for the commission on election is missing, the commission shall,
by messenger or other means, obtain such missing election returns from the board of
election tellers concerned, or if the said copy has been lost or destroyed, the commission on
election may use any of the authentic copies of the said election returns and forthwith direct
its representative to investigate the case and immediately report the matter to the
Commission.

Even if the Commission on election has not received all the election returns, it may
terminate the canvass and proclaim the candidates elected on the basis of the available
election returns provided that the missing election returns will no longer affect the results of
the election.

SECTION 72. Materials Defects in the Election Returns. If it should clearly appear that
some requisites in form or date had been omitted in the election returns, the Commission on
Elections shall call for all the members of the Board of Election Tellers concerned by the
most expeditious means, for the same Board of Election Tellers to affect the corrections:
provided, that in case of the omission in the election returns of the same of any candidate
and/or his corresponding votes, the Commission on election shall require the board of
election tellers to complete the necessary date in the election returns and affix therein their
initials. Provided, further, that if the votes omitted in the returns cannot be ascertained by
other means except by recounting the ballots, the Commission shall, after satisfying itself
that the identity and integrity of the ballot box and the ballots therein have not been violated,
order the Board of Election Tellers to open the ballot box omitted, with notice thereof to all
candidates for the position involved, and thereafter complete the returns.

The right of a candidate to avail of this provision shall not be lost or affected by the fact that
an election protest is subsequently filed by any of the candidates.

SECTION 73. When Election Returns Appear to be Tampered With or Falsified. If the
election returns submitted to the commission appear to be tampered with, altered, or falsified
after they have left the hands of the Board of Election Tellers, or otherwise not authentic, or
were prepared by persons other than the members of the BET or by such BET under duress,
force, intimidation, the Commission shall use the other copies. If the other copies are
likewise tampered with, falsified, and not authentic, the commission shall give notice to all
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 the candidates concerned and satisfy itself that nothing in the ballot indicates that its
integrity and identity have been violated.

SECTION 74. Questions Affecting the Election Returns. All questions affecting the
election returns shall be raised during the canvass and decided immediately by a majority
vote of all members of the commission in writing and form part of the minutes of the
proceedings and shall be final and immediately executory.

After all questions on the election returns shall have been resolved, the Commission on
election shall forthwith proceed with the proclamation of the winning candidates without
prejudices to the right of an aggrieved to file an election protest.

SECTION 75. Election Resulting in Tie. Whenever it shall appear from the canvass that
two or more candidates have received an equal and highest number of votes, or in cases
where two or more candidates are to be elected for the same position and two or more
candidates received the same number of votes for the last place in the number to be elected,
the commission, after recording this fact in its minutes, shall be resolution, upon two days
notice to all the tied candidates hold a special public meeting at which the commission shall
proceed to the drawing of the lots of the candidates who may be favored by luck, and the
candidates so proclaimed shall have the right to assume office in the same manner as if he
had been elected by plurality of vote.

ARTICLE XII

Electoral Complaints

SECTION 76. Definition. Electoral Complaint shall be defined as a statement of

dissatisfaction to any instance/s that concerns the election and is substantiated with
documents, statements or evidences of any format that will support the argument.

SECTION 77. Content. The Electoral Complaint shall clearly state what the complaint is
about. The Electoral Complaint shall only contain one (1) cause, subject of protest or clamor.
The complaint must state who was involved, what was done, where did the violation took
place and any other known, relevant information. Together with the statement of complaint,
the evidences supporting the argument, this may include :
a. documents of issuance violated;
b. sworn statements of witness/es;
c. video documents through a Compact Disk, USBs, or SD Cards;
d. printed Photographic evidences;
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 e. audio records through Compact Disk, USBs, or SD Cards;
f. other files in any readable medium that will serve as evidence.

SECTION 78. Hearing the Complaint. Once the COMELEC has received the complaint,
the COMELEC whereby shall hold a hearing not later than three (3) days after the complaint
was filed and accepted, where all interested parties are afforded equal opportunity to be heard.
The number of hearings shall be decided by the COMELEC. Transparency in all the
proceedings shall be observed at all times.

SECTION 79. Electoral Complaints and the USG Senate. An electoral complaint may be
filed to the present University Student Government Senate, Committee on Election. The
Senate Blue-Ribbon Committee concerned may hold its own Senate inquiry about the
complaint. They may call the complainants to present of their argument with the evidences,
same with the COMELEC if the Committee wishes so. The result of the Senate Inquiry shall
only be of recommendatory purposes to the judicial body concerned.

SECTION 80. No Proclamation. Once an Electoral Complaint was deemed worthy of a

hearing before the date of the official proclamation, the COMELEC cannot officially proclaim
the winners of the election. No certificate of proclamation nor a resolution proclaiming
anyone as a winner of the election shall be signed nor promulgated if there is an ongoing
hearing.
SECTION 81. All complaint filed to the COMELEC shall always be regarded as of prime
concern. All complaints shall be deemed worthy of hearing. Any instance of disregard
committed by anyone that is of concern shall be a violation of this code, and shall be
penalized accordingly.

ARTICLE XIII

Amendments and Revision

SECTION 82. Any amendments of this Code may be proposed by any concerned party which
shall be lobbied to the Commission on Election which in turn shall lobby this concern to the
University Student Government Senate, upon the approval of two-third (2/3) of the Senate, the
amendment shall be granted.

SECTION 83. The revision of this Code may be proposed by the USG Senate,upon the approval
of two-thirds (2/3) of all its members. A draft of the proposed revised version shall be submitted
to the University Student Government Senate. The Senate shall ratify the version and upon the

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approval of two-third (2/3) of the Senate, the revision will be approved, and the previous version
shall immediately be repealed.

ARTICLE XIV

Separability, Repealing and Efectivity Clauses

SECTION 84. Separability Clause. If any section or part of this Act is held unconstitutional or
invalid, the other section or provision not otherwise affected shall remain in full force and effect.

SECTION 85. Repealing clause. All laws, decrees, executive orders and regulations, issuances
or any parts thereof inconsistent with the provisions of this act shall be repealed or amended
accordingly.

SECTION 86. Effectivity. This Student Act shall take effect five (5) days after the approval of
the University Student Government President.

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