College of Arts and Sciences
The Omnibus
Election Code
MMXII
As promulgated by
Electoral Board
MMXII
OMNIBUS ELECTION CODE
In accordance with Section 5, Article XIV of the San Beda College of Arts
and Sciences Student Council Constitution, the Electoral Board promulgates the
Revised Election Code.
Article I General Provisions
Section 1. Title. - This Code shall be known as the "Omnibus Election Code of
the College of Arts and Sciences."
Section 2. Applicability. - This Code shall govern all elections, referenda and
plebiscites. Election of officers of the College of Arts and Sciences shall include,
but not limited to the following:
a. Election of officers of the Executive Council;
b. Election of officers of Professional Organizations;
c. Election of officers of Non-Professional Organizations;
d. Classroom officers.
Section 3. Election and Campaign Periods. - Unless otherwise fixed in special cases
by the Electoral Board, elections shall be as follows:
a. Officers of the Executive Council - Every second week of February;
b. First Year Level Representatives - Every last week of June;
c. Officers of Professional and Non-Professional Organizations - at
such date as may be decided upon by such organizations, subject to the
prior approval of the Electoral Board; and
d. Classroom officers - Week after the First Year Level Representatives
Elections
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Section 4. Plebiscites or Referendum. - All plebiscites and referenda shall be
conducted by the Electoral Board after the approval of the Executive Council and
Student Assembly on the amendments or revision to the Student Council
Constitution, or important legislative measures for ratification of the electorate
through an election called for the purpose.
Section 5. Special Elections. - In case a vacancy arises in the Executive Council, the
Executive Council shall call for a Special Election to be held within fifteen (15)
days after the vacancy occurs to elect the officer to serve the unexpired term.
Article II The Electoral Board
Section 1. Powers and Functions of the Electoral Board. - In addition to the powers
and functions conferred upon it by the San Beda College of Arts and Sciences
Student Council Constitution, the Electoral Board shall have exclusive charge of
the enforcement and administration of all laws relative to the conduct of elections
for the purpose of ensuring free, orderly and honest elections. The Electoral
Board shall:
a.
b.
Decide, except the right to vote, all questions affecting the
conduct of elections, including but not limited to the
determination of qualifications of candidates, accreditation of
student political parties and election protests;
Deputize, upon concurrence of the Prefect of Student Affairs,
bona fide students, to assist the Electoral Board in the exercise of
its functions during election periods; Provided, that such bona fide
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c.
d.
e.
f.
students are not officers of any Professional or Non-
Professional organizations recognized by the school.
Promulgate rules and regulations implementing the provisions of
this Code or other school rules and regulations which the
Electoral Board is required to enforce and administer;
Promulgate rules and regulations relative to the accreditation of
student political parties;
Summon parties to a controversy pending before it. Any
controversy submitted to the Electoral Board shall, after
compliance with the requirements of due process, be
immediately heard and decided by it. No decision or resolution
shall be rendered by the Electoral Board unless taken up in a
formal session properly convened for the purpose;
Prescribe the forms to be used in the election, plebiscite or
referendum;
g. Fix other reasonable periods for certain pre-election
requirements in order that voters shall not be deprived of their
rights of suffrage and certain groups of rights granted them by
the San Beda College of Arts and Sciences Student Council
Constitution and this Code; and
h. Unless indicated in this Code, the Electoral Board is hereby
authorized to fix the appropriate period for the various
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prohibited acts enumerated herein, consistent with the
requirements of free, orderly, and honest elections.
Section 2. Composition of the Electoral Board. -
composed of the following:
a. Chairman
b. Vice Chairman
c. Secretariat d.
Treasurer
e. Auditor
f. Logistics Officer
Article III Qualified Voters
The Electoral Board shall be
Section 1. Qualified Voters. - All members of the Studentry shall be qualified to
vote and to be voted upon for any elective position, subject to the qualifications
and limitations that may be imposed by this Code and such other rules and
regulations issued by the school administration.
All bona fide students of the San Beda College of Arts and Sciences shall, upon
enrollment, be deemed members of the Studentry and shall continue to be so, for
purposes of an election, unless they have taken a leave of absence or for any
reason have been dropped from the list of official enrollees at the time of the
election.
Section 2. List of Voters. - The Electoral Board shall adopt the College Registrar's
Official List of Students as the list of voters.
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Article IV
Eligibility of Candidates
Section 1. The Executive Council. - There shall be an Executive Council, which shall
be the governing and executive body of the Studentry. The Executive Council
shall be composed of the following officers:
a. President
b. Internal Vice-President
c. External Vice-President
d. Secretary-General
e. Treasurer
f. Auditor
g. Fourth Year Level Representative
h. Third Year Level Representative
i. Second Year Level Representative
j. First Year Level Representative
Section 2. Elective Officers for Professional and Non-Professional Organizations. - Elective
officers for Professional and Non-Professional Organizations shall be determined
by their respective organization's outstanding constitution and shall be
communicated to the Electoral Board in writing at the start of the academic year.
Section 3. Classroom Organization Officers. - Classroom Organization Officers shall
be limited to the following positions only:
a. President
b. Vice-President
c. Secretary
d. Treasurer
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e. Auditor
f. Public Information Officer
The class concerned shall vote for their respective Classroom Organization
Officers using either secret ballots or viva voce methods. Provided, that students
holding major positions Professional and Non-Professional, as well as Special Interest
organizations and Student Arm shall not be elected as classroom organization officers.
Provided further, that students holding any position in the Executive Council shall also be
barred from running for any classroom officers' elections
Major positions in Professional and Non-Professional, as well as Special Interest
organizations and Student Arm shall mean the top three (3) positions, regardless of their
nomenclature or designation.
After the election of Class Officers, the classroom adviser shall immediately
submit to the Electoral Board the list of winning candidates for certification.
Upon certification, the Board shall then submit the list of winning classroom
officers to the Office of the Prefect of Student Affairs. The Executive Council,
through its President shall also be furnished with a copy of such list.
Section 4. Qualification. - All elective officers of the Executive Council,
Professional and Non - Professional Organizations and Classroom Organization
Officers must be bona fide students of San Beda College of Arts and Sciences.
Section 5. General Qualifications for the Executive Council. - In addition to Section 4
of this Article of this Code, the following shall be the general qualifications for
the Executive Council:
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a. Should not be under any probation within the academic year.
Probation shall include attendance, disciplinary, and academic
probations.
b. Should have a GPA of not less than 2.25 in the immediately preceding
regular semester of the election;
c. Should not have any incomplete grades upon filing of Certificate of
Candidacy;
d. Should have at least fifteen (15) units of the subjects required for
his/her course at the time of the election as certified by the Registrar's
Office;
e. A residence of at least four (4) consecutive semesters in the College of
Arts and Sciences immediately preceding the election for the top three
(3) positions, two (2) semesters for the rest of the positions with the
exemption of the First Year Level Representative;
f. Should not hold any position in any recognized organization in the
College of Arts and Sciences during the filing of Certificate of
Candidacy;
Section 6. Additional Qualifications. - Notwithstanding the provisions of Sections 4
and 5 of this Article, the following shall be additional qualifications for the
following elective positions of the Executive Council:
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a. For the positions of President and Internal Vice-President, must be
incoming senior students in the semester immediately succeeding the
election;
b. For the positions of External Vice-President, Secretary-General and
Treasurer, must be either incoming junior or senior students in the
semester immediately succeeding the election;
c. For the position of Auditor, must be an incoming senior Accounting
Major in the semester immediately succeeding the election; and
d. For Year Level Representatives, must be bona fide students of the year
level they are representing as classified by the College of Arts and
Sciences
Section 7. Petition for Disqualification. - A petition for disqualification may be filed
by any member before the Electoral Board at any time but shall not be later than
three (3) days before the elections. Said petition shall state the reason/s why the
candidate is not qualified to run and shall be accompanied by supporting
documents.
Section 8. Filing of Answer/ Counter-Affidavits - The respondent shall, upon receipt
of the disqualification case filed against him/her, submit his/her
Answer/Counter-Affidavit within a non-extendible period of two (2) days. Said
Answer/Counter-Affidavit shall be accompanied by supporting documents, if
available.
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Section 9. Decision for Petition for Disqualification. - The Electoral Board shall
immediately resolve the petition and shall decide the petition for disqualification
within twenty-four (24) hours after the petition has been submitted for decision.
Article V Political Parties
Section 1. Political Parties. - This Code recognizes the creation and organization of
student political parties. A student political party is herein defined as an organized
group of students pursuing the same ideology, political ideas or platforms of
government.
Section 2. Accreditation and Registration. - To qualify for accreditation and be
entitled to the rights and privileges granted to student political parties, such must
be duly accredited and registered with the Electoral Board. Any organized group
of students seeking accreditation and registration as a student political party must
file with the Electoral Board, two (2) weeks before the first day of filing of
Certificates of Candidacy, a petition for accreditation attaching the following:
a. Its Constitution and By-Laws;
b. Platform of government;
c. List of officers and members; and
d. Such other relevant information that the Electoral Board may require.
The Electoral Board shall, after due notice and hearing, resolve the petition within
twenty-four (24) hours from the date said petition is submitted for decision.
Registration/Accreditation of a political party shall be valid until the end of the
election period only.
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Article VI
Certificates of Candidacy
Section 1. Certificate of Candidacy. - No member of the Studentry shall be eligible
for any elective office unless he/she files a certificate of candidacy within the
period fixed by the Election Board for such purpose.
Each candidate shall file his/her Certificate of Candidacy personally.
A member who has filed a certificate of candidacy may, prior to Election Day,
withdraw the same by submitting to the Electoral Board a written declaration to
that effect.
No member shall be eligible to run for more than one (1) office in the same
election. If he/she files his/her certificate of candidacy for more than one (1)
office, he/she shall be automatically disqualified and shall not be eligible to run
for any position for that particular election.
Section 2. Contents of Certificate of Candidacy. - The certificate of candidacy shall
state that the person filing it is announcing his/her candidacy for the office stated
therein and that he/she is eligible for said office.
A candidate shall use in the certificate of candidacy the name which appears in
his/her official enrollment form in the College of Arts and Sciences. When there
are two or more candidates for the same office with the same name or surname,
each candidate shall state his paternal and maternal surnames. The candidate may
include no more than two (2) nicknames or aliases by which he or she is generally
and popularly known.
A member filing a Certificate of Candidacy shall also attach the following:
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1. One (1) 2x2 recent photo;
2. A photocopy of the Scholastic Report Card from previous semester;
3. A certification duly signed and sealed by the Prefect of Student
Discipline that he/she is not under any probation;
4. A copy of his/her registration form for the second semester, stating that
he/she is duly enrolled for at least fifteen (15) units; and
5. A certification duly signed and sealed by the College Registrar of his/her
year-level classification in the semester succeeding the election.
Section 3. Date of Filing. - The Certificate of Candidacy shall be filed five (5)
working days prior to the campaign period duly scheduled by the Board in
accordance with the Student Council Constitution as stated in the CAS Student
Handbook.
Section 4. Ministerial Duty of Receiving and Acknowledging Receipt. - The Certificate of
Candidacy shall be filed before the Chairman of the Electoral Board. It shall be
the Electoral Board's ministerial duty to receive and acknowledge receipt of the
Certificate of Candidacy.
Section 5. Effect of Filing of Certificate of Candidacy to Incumbent Officers. - Upon filing
of the Certificate of Candidacy, an elected officer is deemed to have resigned
from any position in any recognized organization in the College of Arts and
Sciences.
Section 6. Death, Withdrawal or Disqualification of a Candidate. - If after the last day
for the filing of certificates of candidacy, an official candidate of an accredited
political party dies, withdraws for any just cause or is disqualified for any cause,
only a person belonging to, and certified by, the same party may file a certificate
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of candidacy to replace the candidate who died, withdrew or was disqualified. The
substitute candidate nominated by the party concerned may file his Certificate of
Candidacy for the office not later than 12:00 noon of the day before the Election
Day.
Article VII
Campaign and Election Propaganda
Section 1. Election Campaign, Definition. - The election campaign is any act
designed to promote the election of any particular candidate or party to an office.
Section 2. Persons Allowed to Campaign. - While this Code recognizes the role of
the alumni and other non-Bedan supporters of the candidates, elections are
conducted solely for school purposes and as such, only bona fide students of the
College of Arts and Sciences who are currently enrolled as such are allowed to
campaign directly during election period. Campaigning directly shall include but
not limited to the following activities:
a. Participating in room-to-room campaign activities;
b. Participating in the Miting de Avance as speakers, campaign managers,
etc.; and
c. Participating in the dissemination of campaign paraphernalia and
materials such as posting campaign posters, streamers, etc.
Section 3. Persons Not Allowed to Campaign. - The following are not allowed to
campaign directly:
a. Persons who are not bona fide students of the College of Arts and
Sciences; and
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b. Alumni and non-Bedan supporters.
Incumbent officers of the Executive Council are prohibited directly or indirectly
from participating in any campaign activities.
Section 4. Election Paraphernalia. - Only the following election paraphernalia are
allowed:
a. Pamphlets, leaflets, flyers and postcards no bigger than 8.5" x 14" in
size;
b. Ten (10) posters no bigger than 23" x 28.5" in size for political parties
and five (5) for independent candidates;
c. Two (2) streamers not exceeding 72" x 42" in size for political parties
and one (1) streamer not exceeding 72" x 42" in size for independent
candidates;
d. Baller IDs;
e. Buttons and pins; and
f. Shirts and jackets bearing the name and image of candidates. Only
campaign managers, assistant campaign managers and candidates are
allowed to wear such apparels.
g. Any multimedia or interactive tools that will be used shall be approved
by the Office of the Prefect of Student Affairs and Electoral Board,
given that the political parties will pay for the consume of electricity.
Campaign booths allotted shall contain only the above-mentioned election
paraphernalia, if applicable.
Section 5. Registration of All Election Paraphernalia. - All election and campaign
paraphernalia shall be duly registered with the Electoral Board. Prior approval of
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the Office of the Prefect of Student Affairs is needed before any election
paraphernalia may be posted, distributed or otherwise displayed in public.
In case required by school rules and regulations, parties concerned shall also
secure approval from proper school authorities regarding the public display of any
election propaganda before seeking registration with the Electoral Board.
The Electoral Board shall have the power to refuse the registration of any election
paraphernalia if such materials are not in conformity with the guidelines set by this
Code or it is prejudicial to other candidates or parties.
Section 6. Removal, Destruction or Defacement of Election Paraphernalia. - Any person
caught or reported removing, destroying, obliterating or in any manner defacing or
tampering with, or preventing the distribution of the election paraphernalia during
the election period shall be investigated and reported by the Electoral
Board to the Office of the Prefect of Student Discipline.
Section 7. Violation of this Article, Penalty. - Any election paraphernalia not cited or
not in conformity with the limitations set by this Article shall be confiscated by
the Electoral Board. The provisions of Section 2, Article IX of this Code shall also
be applied accordingly.
Article VIII Campaign Period
Section 1. Duration of Campaign Period. - The campaign period shall last for ten
(10) days, and shall start the day after the screening of candidates and end at 12:00
midnight of the day of the Miting de Avance.
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Section 2. Room-to-room Campaigning, Limitations. - Candidates shall be allowed to
conduct room-to-room campaigning, subject to the schedule given them by the
Electoral Board.
A maximum of fifteen (15) minutes will be granted per party and three (3)
minutes per independent candidate to deliver their platform inside a particular
classroom.
Section 3. Persons Allowed to Conduct Room-to-Room Campaigning. - Only candidates,
together with their campaign manager and two (2) assistant campaign managers
shall be authorized to campaign inside the classrooms. Independent candidates
shall be accompanied by their respective campaign managers. In all cases, the
campaign sorties shall be accompanied by a maximum of three (3) Electoral Board
members who shall supervise the activity.
Section 4. Violation of this Article, Penalty. - The provisions of this Article shall be
strictly applied. Any violation thereof shall be dealt with in accordance with
Section 2, Article IX of this Code.
Article IX Penalties and Sanctions
Section 1. Application of Penalties. - Any violation of the provisions stated in
this Code shall be subject to penalties as may be determined by the Electoral
Board after due course. The provisions of the Student Handbook shall also be
applicable.
Section 2. Weight of Penalty and Corresponding Sanctions. - The following penalties
and sanctions shall be observed accordingly:
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A. For violation of any offense categorized as a Major Offense by the
Student Handbook, perpetual disqualification for holding office.
B. For violation of any offense categorized as Minor Offense by the
Student Handbook, the gravity of such minor offense shall be punished as
follows, with Level One as the least grave minor offense:
1. Level One Offense:
directly or indirectly.
2. Level Two Offense:
directly or indirectly.
3. Level Three Offense:
directly or indirectly.
One (1) day suspension from campaigning
Three (3) days suspension from campaigning
Five (5) days suspension from campaigning
Should any suspended candidate participate in campaigning directly or
indirectly during his/her suspension; such candidate shall be disqualified
from running in the elections.
C. For violations of the allotted time for room-to-room campaigning:
a. 1st violation: One (1) scheduled classroom campaign shall be
cancelled.
b. 2nd violation: Half of the entire day's scheduled classroom
campaign shall be cancelled.
c. 3rd violation: All classroom campaign scheduled for the entire day
shall be cancelled.
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D. For violations on election paraphernalia:
a. 1st violation: Removal of two streamers as paraphernalia and
cancellation of one (1) scheduled classroom campaign.
b. 2nd violation: Removal of ten posters as paraphernalia and
cancellation of half of the whole day's scheduled classroom campaign.
c. 3rd violation: Removal of respective booth and cancellation of all
classroom campaign scheduled for that day.
Succeeding violation of the same offense shall result to the disqualification
of the entire party including their candidates to join the elections.
Should any of the provisions of this Code be violated on the last day of the
election period, such violation will warrant the non-accreditation of the political
party concerned, upon prior determination of the Board, in the next succeeding
elections.
Section 3. Applicability to Other Violations. - The above-mentioned penalties and
sanctions shall also be applied to other violations of the Code and other rules and
regulations issued by the Electoral Board.
The penalties incurred by this Code shall be without prejudice to the application
of penalties prescribed by the Student Handbook.
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Article X
Miting de Avance
Section 1. Miting de Avance. - The Miting de Avance shall be held on the last day of
the campaign period. The Electoral Board shall choose a recognized organization
which will help it in organizing said activity.
Section 2. Rules for Miting de Avance. - The Electoral Board, together with the
chosen recognized organization, shall formulate fair and reasonable rules that shall
govern the Miting de Avance.
Section 3. Manner of Selection. - The Electoral Board shall call all the heads of
recognized organizations in a meeting for the purpose of determining who shall
assist the Board in the conduct of the Miting de Avance.
Article XI Election Day
Section 1. Election Day. - Election Day shall be held on the date. Place and time
fixed by the Electoral Board. Absentee voting may be allowed subject to the prior
approval of the Board. Those intending to avail of this privilege shall file a written
petition stating their intent to avail the absentee voting and their reason for such.
Said petition shall be filed five (5) days prior to the election. The Board shall have
the right to approve or disapprove petitions for absentee voting.
Section 2. Manner of Election. - All elections shall be by secret ballot. In the
exercise of the member's right to vote, he/she shall adopt and observe the system of
individual voting.
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Section 3. Voting Hours. - The casting of votes shall start at 9:00 o'clock in the
morning and shall end at 5:00 o'clock in the afternoon.
Section 4. Persons Allowed Inside the Polling Precinct. - During the voting, no person
shall be allowed inside the polling place except the following:
a. Officers and members of the Electoral Board;
b. Observers, two (2) in case of the political parties, and one (1) in case of
independent candidates. Said observers shall be allowed to monitor the
voting process but shall not be allowed in all cases to accompany the
voters inside the voting booths.
Section 5. Election Turnout. - In any Regular Elections, there must be at least fifty
per centum plus one (50% + 1) of the total number of students in the College of
Arts and Sciences that should vote on the date fixed by the Election Board.
In case of Special Elections, the Electoral Board may set a reasonable percentage
of the total number of students in the College of Arts and Sciences that should
vote on the date fixed for such purpose.
Section 6. Declaration of Failure of Elections. - Failure of elections shall be declared
by the Electoral Board upon a verified complaint or on its own initiative in the
following instances:
a. The total votes cast are less than fifty per centum plus one (50% +1) of
the total number of qualified votes;
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b. On account of force majeure, violence, fraud or other analogous causes
that may adversely affect the casting of votes or the result of the
election as determined by the Electoral Board.
Article XII Counting of Votes
Section 1. Uninterrupted Canvassing. - As soon as the voting is finished, the
Electoral Board shall count in the designated areas the votes cast and ascertain the
results. The Board shall not adjourn, postpone or delay the canvassing.
Section 2. Persons Allowed to Witness Canvassing. - No other persons except the
officers and members of the Electoral Board and the authorized watchers of the
political parties and independent candidates shall be allowed inside the polling
precinct. Every accredited political party shall be allowed a maximum of four (4)
watchers to witness the canvassing inside the polling precinct. Independent
candidates shall be allowed a maximum of one (1) watcher.
Section 3. Rights and Duties of Watchers. - The watchers shall have the following
rights and duties:
a. They shall have the right to stay in the space reserved for them in the
canvassing;
b. They shall have the right to witness the canvassing;
c. They shall have the right to file protests against any irregularities
and/or violations;
d. They shall have the right to read the unsecured ballot after they have
been read by an Election Board officer; and
e. They shall have the right to be furnished a certificate of number of
votes cast for the candidates.
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Article XIII
Official Ballots
Section 1. Official Ballots. Ballots shall be of uniform size and shall be printed on paper
with watermarks or other marks that will readily distinguish the ballot paper from ordinary
paper. It shall contain the student number on the upper right portion of the ballot. It shall
also bear at the top portion thereof the logo of the Electoral Board, the words Official
Ballot and the academic year of the election. A notice stating: Fill out this ballot secretly
inside the voting booth. Do not put any distinctive mark on any part of this ballot shall be
printed on the face of the ballot. Each ballot shall be in a shape of strip with stub and
detachable coupon.
Each ballot shall contain all the names of the candidates running for their respective offices,
sufficient space or spaces with boxes where the voter may write a check mark () beside
the name or names of the candidates voted for.
In case of ballots to be used for the election of the Executive Council, it shall contain colors
designated for each year level.
Notwithstanding the preceding provisions of this section, the Electoral Board is hereby
empowered to prescribe a different form of ballot to facilitate more efficient voting and or
adapt to the latest technological and electronic devices.
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Article XIV
Rules for the Appreciation of Ballots
Section 1. Presumption of Validity. - In the reading of ballots, every ballots and
votes contained therein shall be presumed valid unless there is a clear and good
reason to justify its rejection. The Electoral Board shall observe the rules stated in
this Article, bearing in mind that the object of election is to obtain the expression
of the voter's will.
Section 2. Excess ballots. Before proceeding to count the votes, the Board shall
count the ballots in the compartment for valid ballots without unfolding them or
exposing their contents, except so far as to ascertain that each ballot is single, and
compare the number of ballots in the box with the number of voters who have
voted.
The number of ballots shall also be compared with the number of the detachable
stubs contained in the box. If there are excess ballots, the Member of the Board
assigned to such ballot box shall return the excess ballots in the box and
thoroughly mix it. Without looking into the contents, he shall then draw out as
many ballots as may be equal to the excess and without unfolding them, place
them inside and envelope which shall be marked "EXCESS BALLOTS" and
which shall be sealed and signed by the members of the Board. Said excess ballots
shall not be included in the counting of votes.
Section 3. Void Ballots. - The following are void ballots and their invalidity shall
attach to all the votes contained in the ballots:
a. Ballots that bear no student number or control number;
b. Ballots that bear any mark that in any way defame or malign any
candidate;
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c. Ballots that bear distinctive marks to identify any voter with such
ballot; and
d. Ballots which are deformed in such a way that would make reading it
impossible.
Section 4. Void Votes. - The following are void votes and shall not be counted in
favor of any candidate voted for such position but the ballot shall still be valid for
the other positions:
a. Votes which have been crossed out or erased creating confusion as to
the true intention of the voter;
b. Votes marking two (2) or more candidates; and
c. Votes not complying with the prescribed manner of marking such
votes.
Section 5. Valid Ballots. - The following are valid ballots:
a. Ballots wholly written on ink;
b. Ballots bearing accidental tearing; and
c. Ballots not otherwise stated in Section 2 of this Article
Article XV
Proclamation of Winners
Section 1. Proclamation of Winners. - The winners shall be proclaimed by the
Electoral Board immediately after the votes cast have been tallied subject to the
provision of Section 2, Article XV on election protests.
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Article XVI
Complaints and Election Protests
Section 1. Electoral Board as Sole Judge. - The Electoral Board shall be the sole
judge of all contests relating to the qualification of candidates, the conduct of
elections, plebiscites or referenda and the validity of returns therefrom.
Section 2. Complaints. - All complaints regarding any student elections of the
College of Arts and Sciences shall be in writing duly addressed to the Chairman of
the Electoral Board. Verbal complaints shall not be given due course by the
Board.
All complaints shall state the pertinent facts attendant to the act/s complained of.
Complainant shall also attach supporting documents, if available.
Section 3. Conduct of Investigation. - (a) The Electoral Board shall require the
respondent to submit four (4) copies of his Answer and other supporting
documents to the complaint within a non-extendible period of twenty-four (24)
hours. Respondent shall also furnish the complainant of his answer and
supporting documents.
(b) Upon the submission of the Answer, the Electoral Board shall act upon the
complaint within twenty-four (24) hours upon submission.
Section 4. Protests on the Conduct of Elections. - The following shall be observed in
cases of protests:
a. Any duly accredited watcher contesting the inclusion, exclusion or
deferment of any ballot or vote in the canvassing of votes shall make
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verbal objection to the Electoral Board at the time the questioned
ballot or vote is presented for inclusion or exclusion.
b. The Electoral Board shall immediately resolve the issue, but will
segregate the ballot questioned and proceed with the canvassing of the
other ballots.
c. Any aggrieved party may file a formal election protest with the
Electoral Board en banc within twenty-four (24) hours after the
completion of the canvassing of votes. The Electoral Board shall
decide the said protest within twenty-four (24) hours after the protest
has been submitted for decision.
d. Failure to make a verbal objection at the proper time or to file a protest
of the decision of the Electoral Board on such verbal objection shall
prohibit any action on the said questioned ballot or vote.
Section 5. Deferment of Proclamation. - The filing of an election protest shall defer
the proclamation of the officer-elect for the office concerned but shall not affect
the proclamation of the other officers-elect.
The proclamation shall not be deferred if the resolution of the questioned ballot
or vote shall not affect the results of the elections.
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Article XVII
Decisions of the Electoral Board and Appeal
Section 1. Effectivity of Decisions. - Decisions issued by the Electoral Board
regarding any matters brought before it shall be final and executory unless appeal
has been filed within the period of twenty-four (24) hours before the Office of the
Prefect of Student Affairs.
Article XVIII Applicability of the Omnibus Election Code of the Philippines
Section 1. Applicability of BP. 881. - Batas Pambansa Blg. 881, as amended
otherwise known as "The Omnibus Election Code of the Philippines" shall be
applicable suppletorily to this Code.
Article XIX Effectivity
Section 1. Effectivity. - This Omnibus Election Code shall be effective
immediately after its approval by the Electoral Board en banc and notice
thereafter has been submitted to the Executive Council and Prefect of Student
Activities.
References:
The Omnibus Election Code of the Philippines
Outline Reviewer in Political Law by Antonio B. Nachura, 2006 Ed.
Comments on the Omnibus Election Code by Ruben Agpalo, 2004 Ed.
Philippine Constitution by Hector De Leon, 2002 Ed. SBC-CAS Student
Information Handbook, 2009 Ed.
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26
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