Local Absentee Voting Act

Section 1

In the exercise of its Constitutional or statutory powers, functions, and duties, the Commission may sit en banc or in to Divisions.

Section 1

A pre-proclamation controversy refers to the proceedings of the board of canvassers which may be raised by any candidates or by any registered political party or coalition of political parties, or by any accredited and participating party list group, before the board or directly with the Commission. It covers only two issues: a. Illegal composition of the Board of Canvassers (BOC); b. Illegal proceedings of the BOC. The basis of the canvass shall be electronically transmitted results.

Section 2

The Commission shall sit en banc in cases hereinafter specifically provided, or in pre-proclamation cases upon a vote of a majority of the members of the Commission, or in all other cases where a division is not authorized to act, or where, upon a unanimous vote of all the Members of a Division, an interlocutory matter or issue relative to an action or proceeding before it is decided to be referred to the Commission en banc.

Section 2

COMELEC has exclusive jurisdiction in pre-proclamation controversies arising from national, regional or local elections. A pre-proclamation controversy may be raised by any candidate or by any registered political party, organization, or coalition of political parties before the BOC, or directly with the Commission. Issues affecting the composition or proceedings of the Boards may be initiated by filing a verified petition before the Board or directly with the Commission. If the petition is filed directly with the Board, its decision may be appealed to the Commission within three (3) days from issuance thereof. However, if commenced directly with the Commission, the verified petition shall be filed immediately when the board begins to act illegally, or at the time of the appointment of the member of the board whose capacity to sit as such is objected to.

Section 3

The Commission shall sit in two (2) Divisions to hear and decide protests or petitions in ordinary actions, special actions, special cases, provisional remedies, contempt, and special proceedings except in accreditation of citizen's arms of the Commission.

Section 3

Rights of Political Parties and Candidates Before the Board of Canvassers in Pre-Proclamation Cases. a) All registered political parties, organizations, or coalitions of political parties, and accredited citizens' arms, and candidates, have the right to be present and to be represented by counsel during the canvass of election returns, or certificates of canvass. b) Only one counsel may argue for each registered political party, organization, or coalition of political parties, accredited citizens' arm or candidate. c) No dilatory action shall be allowed by the BOC. It may impose time limits for oral arguments. d) All registered political parties, organizations, or coalitions of political parties, and candidates, are entitled to obtain a copy of the Statement of Votes per precinct and a copy of the certificate of canvass duly authenticated by the BOC.

Section 4

Each Division shall be composed of three Commissioners, one of whom shall be the Presiding Commissioner. The Commission en banc shall determine who shall compose a Division.

Section 5

(a) When sitting en banc, four (4) Members of the Commission shall constitute a quorum for the purpose of transacting business. The concurrence of a majority of the Members of the Commission shall be necessary for the pronouncement of a decision, resolution, order or ruling. (b) When sitting in Division, two (2) Members of a Division shall constitute a quorum to transact business. The concurrence of at least two (2) Members of a Division shall be necessary to reach a decision, resolution, order or ruling. If this required number is not obtained, the case shall be automatically elevated to the Commission en banc for decision or resolution. (c) Any motion to reconsider a decision, resolution, order or ruling of a Division shall be resolved by the Commission en banc except motions on interlocutory orders of the division which shall be resolved by the division which issued the order.

Section 6

The composition of a Division may be changed by the Chairman of the Commission whenever necessary, Provided that no change shall be made more than once every three (3) months; Provided Moreover, that notice thereof in writing shall be furnished the parties in cases pending before the Division concerned. Whenever there is a vacancy in a Division because a member inhibits himself, is absent, or is disqualified from sitting in a case, or when a division has only two (2) regular members, the Chairman may appoint a substitute Commissioner, or the Chairman himself may sit as substitute or third member, and in that event he shall preside.

Section 7

The Commission or the Divisions shall hold sessions on such days and time as it may specify at the session hall of the Commission, or at such other places in the Philippines as it may designate.

Section 8

The assignment of cases of the two (2) Divisions herein constituted shall be done strictly through raffle to be conducted regularly by the Chairman of the Commission in the presence of at least a majority of the Commissioner; Provided, That the assignment of cases shall be made as evenly as possible.

Section 9

When an action or proceeding involves a question of law and fact which is similar to or common with that of another action or proceeding, the same may be consolidated with the action or proceeding bearing the lower docket number.