Local Absentee Voting Act

Section 1

(a) No Member shall sit in any case in which he or his spouse or child is related to any party within the sixth civil degree of consanguinity or affinity, or to the counsel of any of the parties within the fourth civil degree of consanguinity or affinity, or in which he has publicly expressed prejudgment as may be shown by convincing proof, or in which the subject thereof is a decision promulgated by him while previously serving as presiding judge of an inferior court, without the written consent of all the parties, signed by them and entered in the records of the case; Provided, that no Member shall be the "ponente" of an en banc decision/resolution on a motion to reconsider a decision/resolution written by him in a Division. (b) If it be claimed that a Member is disqualified from sitting as above provided, the party raising the issue may, in writing, file his objection with the Commission, stating the grounds therefor. The member concerned shall either continue to participate in the hearing or withdraw therefrom, in accordance with his determination of the question of his disqualification. His decision thereon shall forthwith be made in writing and filed with the Commission for proper notation and with the records of the case. No appeal or stay shall be allowed from, or by reason of, his decision in favor of his own competency until after final judgment in the case. (c) A Member may, in the exercise of his sound discretion, inhibit himself from sitting in a case for just or valid reasons other than those mentioned above.

Section 1

There is illegal composition of the BOC when, among other similar circumstances, any of the members do not possess legal qualifications and appointments. The information technology capable person required to assist the BOC by Republic Act No. 9369 shall be included as among those whose lack of qualifications may be questioned.

Section 2

If the disqualification or inhibition of a Member should result in a lack of quorum in the Commission sitting en banc, the Presiding Justice of the Court of Appeals, upon request of the Commission, shall designate a Justice of said Court to sit in said case for the purpose of hearing and rendering a decision thereon.

Section 2

There is illegal proceedings of the BOC when the canvassing is a sham or mere ceremony, the results of which are pre-determined and manipulated as when any of the following circumstances are present: a) precipitate canvassing; b) terrorism; c) lack of sufficient notice to the members of the BOC's; d) Improper venue

Section 3

Questions affecting the composition or proceedings of the BOC may be initiated in the BOC or directly with the Commission, with a verified petition, clearly stating the specific ground/s for the illegality of the composition and/or proceedings of the board.

Section 4

The petition questioning the illegality, or the composition and/or proceedings of the BOC shall be filed immediately when the BOC begins to act as such is objected to, if it comes after the canvassing of the Board, or immediately when the proceedings become illegal. a) In case the petition is filed before the BOC: a.1) Upon receipt of the verified petition, the BOC shall immediately announce the fact of the filing of said petition and the ground/s raised therein. a.2) The BOC shall immediately deliberate on the petition, and within a period of twenty-four (24) hours, make a prompt resolution thereon, which resolution shall be reduced into writing. a.3) Should the BOC decide in favor of the petition, it shall immediately inform the Commission of its resolution. Thereafter, the Commission shall make the appropriate action thereon. a.4) In no case shall the receipt by the BOC of the electronically transmitted precinct, municipal, city, or provincial results, be suspended by the filing of said petition. a.5) The petitioner may appeal an adverse resolution by the BOC to the COMELEC, by notifying the BOC of his or her intent to appeal, through a verbal, and a written and verified Notice of Appeal. The notice on the BOC shall not suspend the formal proclamation of the official results of the election, until the final resolution of the appeal. a.6) Within forty-eight (48) hours from such notice to the BOC, the petitioner shall submit before the Board a Memorandum on Appeal stating the reasons why he resolution being questioned is erroneous and should be reversed. a.7) Upon receipt by the BOC of the petitioner's memorandum on appeal, the Board shall forward the entire records of the petition at the expense of the petitioner. a.8) Upon receipt of the records herein referred to, the petition shall be docketed by the Clerk of Commission and submitted to the COMELEC en banc for consideration and decision. a.9) Within five (5) days therefrom the COMELEC en banc shall render its decision on the appeal. b) If filed directly with the Commission, the petition shall be heard by the COMELEC en banc under the following procedures. Upon receipt of the petition by the COMELEC, the Clerk of the Commission shall docket the same and forthwith send summons to the BOC concerned with an order directing it to submit, through the fastest verifiable means available, its answer within forty-eight (48) hours. The COMELEC en banc shall resolve the petition within five (5) days from the filing of the answer, or upon the expiration of the period to file the same.

Section 6

If the illegality of the proceedings of the BOC is discovered after the official proclamation of the supposed results, a verified petition to annual the proclamation may be filed before COMELEC within ten (10) days after the day of proclamation. Upon receipt of the verified petition, the Clerk of the Commission shall have the same docketed and forthwith issue summons to the parties to be affected by the petition, with a directive for the latter to file their answer within five (5) days from receipt. Thereafter the case shall be deemed submitted for resolution, which shall not be later seven (7) days from receipt of the answer.