COMELEC Resolution No. 6645

Republic of the Philippines
COMMISSION ON ELECTIONS
Manila

Resolution No. 6645 March 4, 2004

GENERAL INSTRUCTIONS FOR THE SPECIAL BOARDS OF CANVASSERS ON OVERSEAS ABSENTEE VOTING IN CONNECTION WITH THE MAY 10, 2004 NATIONAL AND LOCAL ELECTIONS.

The Commission on Elections pursuant to the powers vested in it by the Constitution, the Omnibus Election Code, the Overseas Absentee Voting Act of 2003 (RA 9189), and other pertinent election laws, has RESOLVED to promulgate, as it hereby promulgates, the following General Instructions for the Special Boards of Canvassers on Overseas Absentee Voting in connection with the May 10, 2004 National and Local Elections.

Section 1. Special Board of Canvassers, Constitution and Appointment. - The Commission on Elections (hereinafter referred to as the "COMELEC") through the Chairman of the Committee on Overseas Absentee Voting (hereinafter referred to as the "Committee") shall constitute not later than 25 April 2004 a Special Board of Canvassers (hereinafter referred to as the "SBOC") to canvass the Overseas Absentee Voting Election Returns (OAVF No. 9) and prepare the Overseas Absentee Voting Certificate of Canvass in each embassy, consulate or other foreign service establishments abroad.

The members of the SBOC shall be appointed by the COMELEC and shall be composed of a Chairman who must be an active member of the Philippine bar and in good standing preferably from the COMELEC, retired members of the Judiciary or from the private sector, or of any of the Philippine government agencies maintaining a post abroad, a Vice-Chairman and Member-Secretary who may be a senior career officer of any of the Philippine government agencies maintaining a post abroad, and in the absence of another government officer, a citizen of the Philippines qualified to register as overseas absentee voter under the Overseas Absentee Voting Act of 2003.

Section 2. Qualifications of the Members of the SBOC. – No person shall be appointed as a member of the SBOC, unless he or she is:

a) of good moral character and irreproachable reputation; and

b) able to speak and write English or Pilipino.

Section 3. Disqualifications. - (a) The members of the SBOC or their spouses shall not be related within the fourth civil degree of consanguinity or affinity to any member of the same SBOC or to any of the candidates for President, Vice-President and Senator or their spouses, and to any of the nominees for the party-list system of representation or their spouses.

(b) No person who has been convicted of any election offense or of any other crime punishable by more than six (6) months imprisonment, or has a pending case filed against him for any election offense, may be appointed as member of the SBOC.

Section 4. Authority of the Chairman of the Committee on Overseas Absentee Voting. - The Chairman of the Committee is authorized to appoint and designate the Chairman and members of the SBOC in accordance with COMELEC Resolution 6603 promulgated on 11 February 2004.

Section 5. Supervision and Control. - The COMELEC shall exercise direct supervision and control over all SBOCs and may motu proprio relieve at any time any member thereof and designate the corresponding substitute/replacement.

Section 6. Replacement of Chairman and Members of the Board. - In case of non-availability, absence, disqualification due to relationship, or incapacity for any cause of the Chairman, a Filipino lawyer of good standing, not otherwise disqualified under the law, shall be appointed as his replacement.

With respect to the other members of the SBOC, the COMELEC shall appoint a replacement from the foreign service corps or from members of the Filipino community at the Posts qualified to register and vote under R.A. 9189.

A replacement shall be appointed in instances when the Chairman or member of the SBOC is unable to make his presence available for the entire term of the SBOC.

Section 7. Minutes of the Board. - The Member-Secretary shall prepare the Minutes of Canvassing (OAVF No. 11-B) of the Board in three (3) copies by recording therein the proceedings and such other incidents or matters relevant to the canvass.

Minutes of the proceedings shall be distributed accordingly: one copy for the Chairman of the Committee, one copy for the Law Department of the COMELEC. The last copy shall be given to the SBRCG at the Post where canvassing was held.

Section 8. Notice of Meetings of the Board. - Not later than May 5, 2004, the Chairman of the SBOC, through the Committee, shall give written Notice (OAVF No. 11-C) to all members thereof and to each candidate, political party or coalition of political parties fielding candidates for national position, and party, organization/coalition participating under the party-list system of the date, time and place of the canvassing, which shall be held, unless otherwise ordered by the COMELEC, in the Philippine Embassy/Consulate.

Similar notices shall also be given for subsequent meetings unless notice has been given in open session. Proof of service of notice to each member, candidate, political party fielding national candidates and party-list groups shall be attached to and form part of the records of the proceedings. If notice is given in open session, such fact shall be recorded in the Minutes of the proceedings.

Notice of the canvassing shall also be posted in three (3) conspicuous places in the building where the canvass shall be held.

Failure to give notice of the date, time and place of the meeting of the Board is an election offense under Sec. 261 (aa) (1) of the Omnibus Election Code.

The Committee may, whenever practicable, authorize the use of other means of disseminating such notice. Such means may include but not be limited to the tri-media.

Section 9. Convening of the Board. - The Board shall meet at 6:00 o'clock, Philippine time, in the evening of May 10, 2004 at the designated building/place in the Philippine Embassy/Consulate or other foreign service establishments authorized by the COMELEC to receive the election returns and to immediately canvass those that have already been received. It shall meet continuously from day to day until the canvass is completed, and may adjourn only for the purpose of awaiting the unsubmitted election returns. However, as the need arises, the Board may declare a recess.

The proceedings of the SBOC shall be open and public.

Section 10. Temporary Absence of a Regular Board Member. - In case a regular member of the SBOC is temporarily absent, the members present shall first verify whether notice has been served on the absent member. In case no such notice was sent, one shall be immediately served on the absent member. If the latter cannot be located or his whereabouts are unknown, he shall be substituted. These facts shall be recorded in the Minutes of the Aboard. As soon as the absent member appears, the substitute member shall relinquish his seat to the regular member.

Section 11. Prohibition Against Transfer, Leaving Official Station. - During the period beginning election day, May 10, 2004, until the Certificates of Canvass of Votes (COC) shall have been personally submitted to the concerned Boards of Canvassers, no member or substitute member of the different SBOCs shall be transferred, assigned or detailed outside of his official station nor shall he leave said station without prior authority of the COMELEC. Such authority may be granted by the COMELEC through the Chairman of the Committee. In such case, a written report shall be submitted to the Commission en Banc.

Section 12. Feigned Illness. - Any member of the Board feigning illness in order to be substituted from the start until the completion of the canvass shall be guilty of an election offense.

Section 13. Incapacity of a Regular Board Member. - In case of sickness or serious injury of a regular member of the Board, a medical certificate shall be required attesting to the incapacity of said member. Upon submission of the medical certificate, substitute shall be appointed. Said medical certificate shall be recorded in and form part of the Minutes of the Board.

Section 14. Quorum. - A majority of the members of the Board shall constitute a quorum for the transaction of business, and a majority vote of all the members thereof shall be necessary to render a decision.

Section 15. Powers and Functions of the Board. - The Board shall have full authority to keep order within the canvassing room or hall including its premises and enforce obedience to its lawful orders. If any person refuses to obey any lawful order of the Board or conducts himself in such disorderly manner as to disturb or interrupt its proceedings, the Board, by a majority vote, may order in writing any peace officer/guard of the embassy or consulate to take such person into custody until adjournment of the meeting. In the absence of any peace officer/guard, any other competent and able person deputized by the Board in writing, shall execute such order. Such fact shall be noted in the Minutes of the proceedings.

The SBOC shall:

a) Canvass the election returns (OAVF No. 9) for President, Vice-President, Senators, Party-List submitted by the Special Boards of Election Inspectors (SBEIs);

b) Accomplish the Statement of Votes by Precinct/SBEI (OAVF No. 20) and thereafter, the Summary of Statement of Votes (OAVF No. 20-A);

c) Upon completion of the canvass, prepare in seven (7) copies, a Certificate of Canvass of Votes (COC) for President, Vice-President, Senators and Party-List (OAVF No. 21);

d) Transmit immediately after the completion of the canvass, an advance copy of the Certificate of Canvass (COC) and the Statement of Votes (SOVs) to the COMELEC, through the DFA-OAVS, via the facsimile and electronic mall facilities of the Philippine embassies/consulates, and other authorized canvassing centers.

e) Furnish the accredited major political parties and accredited citizens' arms, through the Committee, with copies thereof via facsimile, electronic mall and any other means of transmission equally safe, secure and reliable.

f) The Chairman of the SBOC shall personally deliver the Certificates of Canvass (COC) together with the Statements of Votes (SOVs) and the election returns intended for Congress and the COMELEC. Watchers of candidates, political parties and other interested parties may accompany the delivery.

g) Perform such other duties as may be required by the COMELEC.

Section 16. Right to be Present and to Counsel. - Every registered political party and party-list group, and every candidate for national position has the right to be present and to counsel during the canvass of the election returns: Provided, that only one counsel may argue for each party or candidate. They shall have the right to examine the election returns being canvassed without touching them, make observations thereon, and may file protests. No dilatory action or tactics shall be allowed by the Board.

Section 17. Watcher. - Each registered political party fielding candidates for national positions, and party-list group shall be entitled to one watcher in every canvassing center.

The citizens arm of the COMELEC, and civic, religious, professional, business, service, youth and other similar organizations shall collectively, and upon prior authority of the COMELEC, be entitled to two (2) watchers to serve alternately.

However, if there is no sufficient space for all watchers to be accommodated, preference shall be given to the watchers of the dominant majority and dominant minority parties as determined by the COMELEC, one (1) common watcher for the independent candidates, one (1) common watcher for the accredited citizens' arm and one (1) common watcher for accredited OFW organizations.

The watchers shall have the right to:

a.) Be present at, and take note of, all the proceedings of the Board;

b.) Stay behind the chairman of the Board near enough to be able to read the election returns without touching said documents; and

c.) File a protest (OAVF No. 11-D) as may be appropriate against any alleged irregularity noted in the election returns and obtain from the Board a resolution thereon in writing. Rules on the filing of protests shall be applied in this regard.

Watchers shall not be allowed to participate in the deliberation of the Board.

A person convicted by final judgment of any election offense or of any other crime or who is related to any member of the Board within the fourth civil degree of consanguinity or affinity shall not be appointed as watcher.

Section 18. Persons Not Allowed Inside the Canvassing Room. - During the canvass, it shall be unlawful for any person carrying firearm or deadly weapon to enter the room where the canvass is being held or to stay within a radius of fifty (50) meters from such room.

Section 19. Safekeeping of Election Returns. - The Board shall place the election returns intended for Congress and the COMELEC in separate special envelopes appropriately marked as such and which shall be sealed with serially numbered security tapes. The serial number of every security tape used shall be entered in the Minutes.

The said special envelopes shall be kept in a safe and secured room before, during and after the canvass. The room shall be locked with three (3) padlocks and the keys thereof shall be kept by each member of the Board to ensure that no envelope may be taken out of or deposited in the room without their presence.

Section 20. Canvassing Forms, Documents and Supplies. - The SBOC shall receive from COMELEC through the Committee canvassing forms and documents for its use. The supplies as indicated hereunder, shall be purchased by the Posts in accordance with the following schedule:

CANVASSING FORMS

OAVF No. Title/Description
Rate of Distribution

20 Statement of Votes by Precinct/SBEI 1 Set 7 copies for every 11 SBEIs

20-A Summary of Statement of Votes Per Post/Country 1 Set of 7 copies

21 Certificate of Canvass of Votes for National Positions & Party-list 1 Set of 7 copies

21-B to 21-H Official Receipt of Certificate of Canvass 1 Set of 6 copies

12 Paper Seals 25 Pieces

13-A Certificate of Votes Received by Candidates for National Positions & Party-List 25 Pieces

14-E Certificate of Receipt of Canvassing Forms by SBOC 1 Set of 2 copies

11-B Minutes of Canvassing 1 Set of 2 copies

11-C Notice of Meeting

11-D protest 25 Pieces

Sticker Labels for Special envelopes 10 Pieces

Special Envelopes 10 Pieces

SECURITY POUCH ENVELOPE FOR CANVASSING

21-A For OAVF 21 and 20 1 Set of 7 copies

SUPPLIES

Padlocks & keys 3 Pieces

Bondpaper 30 Pieces

Carbonpapers 10 Pieces

Fingerprint taker 1 Piece

Rubberband 10 Pieces

Long Security Tapes 20 Pieces

Ballpens

Section 21. Canvassing Procedure. - Before the start of canvass, and upon entering the canvassing center/place, counsels/watchers shall present and deliver to the Chairman of the SBOC their appointments and forthwith, their names shall be recorded in the Minutes with a notation under their signatures that they are not disqualified to serve as such. The appointments of the watchers shall bear the facsimile signature of the candidate or the duly authorized representative of the political party, organization or coalition of coalition parties who appointed them or of organizations authorized by the COMELEC. For this purpose, registered political parties, organizations or coalitions authorized by the COMELEC, accredited citizens arms and OFW organizations, shall provide the COMELEC and the Posts with the names and signatures of their representatives authorized to appoint counsels/watchers in each Post at least fifteen (15) days before the day of canvassing, or until April 25, 2004.

FOR SINGLE Special Board of Elections Inspectors (SBEI)

The Board shall -

1) Through the Member-Secretary, receive the election returns (copies for SBOC, Congress and COMELEC) and record in the Minutes:

a. time and date of receipt of election returns;

b. the precinct number/SBEI No. of the election returns;

c. serial number of the envelope (OAVF No. 17) and paper seal; and

d. condition of the envelope and paper seal.

The copy intended for Congress and the copy intended for the COMELEC shall be placed in separate special envelopes for personal delivery by the Chairman of the Board after the canvassing of votes in the Posts.

2) Assign a set of Statement of Votes by Precinct/SBEI (OAVF No. - 20) for the election returns and enter in the Minutes the serial number of the Statement of Votes (OAVF 20) so assigned.

3) Before opening the envelope containing the election returns (copy for the SBOC), exhibit the same before the counsels/watchers present.

4) Open the envelope, retrieve the election returns and exhibit the same to the counsels/watchers present.

5) Through its Chairman, examine the condition of the inner paper seal of the election returns, during which time, the Member-Secretary shall record in the Minutes its condition and serial number.

6) Break open the inner seal, unfold the election returns and exhibit the same to the counsel/watchers present. The Member-Secretary shall record in the Minutes the condition and serial number of the election returns.

7) Canvass the election returns by entering in the Statement of Votes the votes obtained by each candidate as they are read by the Chairman.

For purposes of preparing the Statement of Votes, the Board shall distribute the seven (7) copies of the Statement of Votes between the Vice-Chairman (4 copies) and Member-Secretary (3 copies) who shall accomplish the same simultaneously as the votes are read.

8) Immediately after the election returns had been canvassed, the chairman of the Board shall write on its upper right hand corner the word "CANVASSED" and affix below it his signature and the date of canvass. Thereafter, the canvassed election returns shall be returned to its envelope without sealing it.

9) The Vice-Chairman and Member-Secretary of the Board shall compare the entries contained in their respective copies of the Statement of Votes. If there are discrepancies in the entries, they shall refer to the election returns and make the necessary

correction/s on the Statement of Votes.

10) All the members of the Board shall affix their signatures above their printed names on the Statement of Votes.

11) Prepare a Certificate of Canvass (COC) of Votes (OAVF No. 21), and thereafter affix their signatures and thumbmark on the certification portion thereof.

In accomplishing the COC, the Statement of Votes and other forms, all the members of the Board, shall see to it that the impression on the first copy of the set is recorded on each page thereof.

12) Require the watchers, if any, to affix their signatures and thumbmarks on the COC.

13) Place the COC, together wit the election returns and the Statement of Votes, in the corresponding envelopes (OAVF No. 21-A) provided for the purpose.

14) Transmit an advance copy of the Certificate of Canvass (COC) to the COMELEC, using the COC (copy for the SBOC), through the DFA-OAVS, via the facsimile and electronic mail facilities of the Philippines embassies / consulates, and other authorized canvassing centers.

15) Distribute the other copies of the COC, together with the corresponding Statement of Votes, in the manner herein prescribed.

Copies which are not claimed by the concerned parties shall be turned over by the Chairman of the SBOC to the SBRCG of the Post where canvassing was held.

16) The canvassed election returns in its envelope shall be placed inside the special envelope sealed for submission to the Head of the Post for safekeeping.

FOR MULTIPLE Special Board of Election Inspectors (SBEIS)

The Board shall -

1) Through the Member-Secretary received the election return;

a) time and date of receipt of election returns;

b) the precinct number/SBEI No. of the election returns;

c) serial number of the envelope sealed (OAVF No. 17) and paper seal; and

d) condition of the envelope and paper seal.

The copy intended for Congress and the copy intended for the COMELEC shall be placed in separate special envelopes for personal delivery by the Chairman of the Board after the canvassing of votes in the Posts.

2) Assign one set of Statement of Votes (OAVF No. 20) and enter in the Minutes the serial number of the Statement of Votes as maybe needed to accommodate the votes contained in the election returns submitted by all the SBEIs covered by the canvassing of the SBOC in that particular Post. The serial nember/s of additional Statement of Votes that maybe used shall likewise be entered in the Minutes.

3) Before opening each envelope containing the election returns (copy for the SBOC) exhibit the same to the same to the counsels/watchers present.

4) Open each envelope, retrieve the election returns and exhibit the same to the counsels/watchers present.

5) Through its Chairman, examine the condition of the inner paper seal of the election returns, during which time, the Member-Secretary shall record in the Minutes its condition and serial number.

6) Break open the inner seal, unfold the election returns and exhibit the same before the counsels/watchers present. The Member-Secretary shall record in the Minutes its condition and serial number of the election returns.

7) Canvass the election returns by entering in the Statement of Votes the votes obtained by each candidate as they are read by the Chairman.

For purposes of preparing the Statement of Votes, the Board shall distribute the seven (7) copies of the Statement of Votes between the Vice-Chairman (4 copies) and Member-Secretary (3 copies) who shall accomplish the same simultaneously as the votes are read.

8) Immediately after each election returns had been canvassed, the chairman of the Board shall write on its upper right hand corner the word "CANVASSED" and affix below it his signature and the date of canvass. Thereafter, the canvassed election returns shall be returned to its envelope without sealing it.

8.1 The Vice-Chairman and Member-Secretary of the Board shall compare the entries contained in their respective copies of the Statement of Votes. If there are discrepancies in the entries, they shall refer to the election returns and apply the corrections as may be necessary. All the members if the SBOC shall initial the correction/s made on the Statement of Votes.

8.2 All the members of the Board shall affix their signatures above their printed names on the certification portion of the Statement of Votes.

The same procedure shall be observed for the succeeding election returns.|avvphi1.nêt

For the purposes of preparing the Statement of Votes, the following terms are used:

a. Sub-total - sum of all votes obtained by each candidate at the time of adjournment/suspension of canvass when all the columns of a set of statement of votes are either filled or not filled. The sub-total shall be recorded in the last column indicated in the statement of votes.

b. Summary of Votes - listing of all sub-totals reflected in each set of Statement of Votes after the completion of the canvass. This shall be recorded in a separate set of Summary of Statement of Votes (OAVF No. 20-A) by entering in each column the sub-totals per set of statements of votes.

c. Grand total - total of the Summary of Votes obtained by each candidate as listed in the Summary of Statement of Votes.

9) After all columns of the Statement of Votes are filled and there are more election returns to be canvassed;

9.1 The Vice-Chairman and Member-Secretary of the Board shall compare the entries contained in their respective copies of the Statement of Votes. If there are discrepancies in the entries, they shall refer to the election returns and apply the corrections as may be necessary. All the members of the SBOC shall initial the correction/s as may be necessary. All the members of the SBOC shall initial the correction/s made on the Statement of Votes.

9.2 All the members of the Board shall affix their signatures above their printed names on the certification portion of the Statement of Votes.

9.3 The Board shall continue the canvass using a new set of Statement of Votes.

After all the columns of the Statement of Votes are filled/unfilled and the canvass has been completed:

1. The Vice-Chairman and Member-Secretary of the Board shall compared the entries contained in their respective copies of the Statement of Votes. If there are discrepancies in the entries, they shall refer to the election returns and apply the corrections as may be necessary. All the members of the SBOC shall initail the correction/s made on the Statement of Votes.

2. All the members of the Boards shall affix their signatures above their printed names on the certification portion of the Statement of Votes.

10) In cases where there are at least two(2) election returns the Vice-Chairman of the Board shall add all the entries in each column of the Statement of Votes prepared and enter the sub-total in the space provided.

The Secretary and the Chairman shall respectively verify te accuracy of the entries in the Statement of Votes

11) The Board shall prepare the Summary Statement of Votes (OAVF No. 20-1) by entering therein;

a. The serial number of the Statement of Votes containing the sub-total; and,

b. All the sub-totals for each candidate contained in the Statement of Votes prepared and tabulated earlier.

After all the columns have been filled or there are no more Statement of Votes containing sub-totals, affix their signature above their printed names and imprint their thumbmarks on the certification portion of the Summary of Statement of Votes.

12) Place, in the presence of the watchers, if any . the summary Statement of Votes together with Statement of Votes containing sub-totals inside a special envelope without sealing the same.

13) Prepare a Certifiicate of Canvass (COC) of Votes (OAVF No. 21), and thereafter affix their signatures and thumbmarks on the certification portion thereof.

In accomplishing the COC, the Statement of Votes ad other forms, all the members of the Board, shall see to it the impression on the first copy of the set is recorded on each and every page thereof.

14) Require the watchers, if any, to affix their signatures and thummarks on the COC.

15) Place the COC together with the Summary of Statement of Votes in the corresponding envelopes provided for the purpose (OAVF No. 21-A).

16) Transmit an advance copy of the Certificate of Canvass (COC) to the COMELEC, using the COC (copy for the SBOC), through the DFA-OAVS, via the facsimile and electronic mail facilities of the Philippines embassies/consulates, and other authorized canvassing facilities.

17) Distribute the other copies of the COC, together with the corresponding Statement of Votes and Summary Statement of Votes, if any, in the manner herein prescribed.

Copies which are not claimed by the concerned parties shall be delivered by the Chairman of the SBOC to the SBRCG of the Post where canvassing was held.

18) Distribute the COC, together with the corresponding Statement of Votes, in the manner herein prescribed.

19) The canvassed election returns in its envelope shall be placed inside the special envelope sealed for submission to the Head of the Post for safekeeping.

Section 22. Objection During Canvasing - All objections during the canvassing, including the issue on the inclusion of election returns, shall be noted in the Minutes of the proceedings. Parties interested to pursue their objection should file the same before the COMELEC.

Section 23. Adjournment/Suspension of Canvass. - A. In case of adjournment or suspension of canvass, the Board shall indicate the sub-total obtained by each candidate and close the same by affixing their initials immediately after the number of votes. The Statement of Votes shall be placed in the special envelope provided in item (1) hereunder.

1) The remaining unopened envelopes containing copies of election returns intended for the SBOC and the Statement of Votes containing the sub-totals shall be placed in the special envelope provided for the purpose which shall be sealed with serially numbered security tapes.

2) The serial number of the seal and the quantity of the remaining unopened envelopes shall be recorded in the Minutes.

B. Upon resumption of the canvass:

1) The Member-Secretary of the Board shall verify and enter in the Minutes the condition of the seal affixed on the special envelope, as well as its serial number.

2) The Board shall then, in the presence of the watchers, open the special envelope, retrieve the unopened envelopes containing the election returns and resume canvassing using a new set of Statement of Votes.

Section 24. Distribution of Certificate of Canvass. - The COC for President, Vice-President, Senator and Party-List (OAVF No. 21) shall be distributed as follows:

First copy to the Congress directed to the President of the Senate;

Second copy to the Commission on Elections in Manila as National Board of Canvassers for Senator and Party-list

Third copy intended for the Chairman of the SBOC shall be retained at the Posts for reference purposes;

Fourth copy to the citizen arm designated by the COMELEC to conduct an unofficial count. It shall be the duty of the citizens' arm to furnish independent candidates copies of the COC at the expenses of the requesting party.

Fifth copy to the Dominant Majority Party;

Sixth copy to the Dominant Opposition Party; and

Seventh copy to the Chairman, Committee on Absentee Voting. The Committee shall furnish other registered political parties, and party-list groups certified true copy of the COC upon written request and at the expense of the requesting party.

All copies of the COC (OAVF No. 21) above-enumerated shall be supported by a Statement of Votes by Precinct/SBEI and the Summary Statement of Votes, if applicable.

The COC shall be signed and thumbmarked by thr members of the SBOC and the watchers of the six accredited major political parties, if available. Thereafter, each shall be sealed and placed inside their corresponding envelopes, which shall likewise be sealed.

Section 25. Personal Delivery of the Certificate of Canvass/Minutes of the Proceedings. The Chairman of the Board shall personally bring to Congress and the COMELEC their copies of the COC together with the Statement of Votes and election returns.

Copies of the Minutes of the proceedings shall likewise br hand delivered by the Chairman of the Board to the Committee and the Law Department of the COMELEC.

Section 26. When the Election Returns are Delayed, Lost or Destroyed. - In case its copy of the election returns is missing, the Board shall, by authorized messenger, immediately obtain the same from the Special Board Election Inspectors (SBEI) concerned, or if the said election return has been lost or destroyed, the Board, upon prior authority of the COMELEC, may use any of the authenticated copies thereof or certified copy of said election returns and forthwith investigate the case and immediately report the matter to the COMELEC.

The Board, notwithstanding the fact hat not all the election returns have been received by it, may terminate the canvass upon prior authority of the COMELEC.

Section 27. Material Defects in the Election Returns. - If it should clearly appear that some requisites in form or data have been omitted in the election returns, the Board shall invite the attention of the Chairman of the concerned SBEI to effect the corrections: Provided, the Chairman of the SBEI concerned was given prior authority in writing by the other members of his Board to effect such corrections as directed by the SBOC; Provided further, the in case of the omission in the election returns of the name of any candidate and/or his corresponding votes, the Board shall require the Chairman of the SBEI concerned to complete the necessary data and affix therein his initials; Provided, That if the votes omitted in the election returns cannot be ascertained by other means except by recounting the ballots, the election returns shall be set aside and such fact shall be reported to the COMELEC.

For this purpose the Chairman of the SBEIshall remain and be present before the Board until the lection returns of his precinct had been canvassed.

Section 28. When the Election Returns Appear to be Tampered With or Falsified. - If the election returns submitted to the Board appear to be tampered with, altered ir falsified after they have left the hands of the SBEI or otherwise not authentic, or were prepared under duress, force, intimidation, or prepared by persons other that the members of the SBEI concerned, the Board shall use the other copies of said election returns. If necessary, the copy of the election returns inside the ballot box may be retrieved in accordance with Sec. 220 of the Omnibus Election Code upon previous authority given by the COMELEC. If the other copies of the election returns are likewise tampered with, altered, falsified.not authentic, prepared under duress, force or intimidation, or prepared by persons other than the members of the SBEI, the matter shall be brought to the attention of the COMELEC which shall proceed as provided in Sec. 235 of the Omnibus Election Code.

Section 29. Discrepancies in Election Returns. - In case there are exist discrepancies between the votes in words and the votes in figures of any candidate, the votes in words and the votes in figures of any candidate, the votes in words shall prevail. If the discrepancy is in the tally (tara) as against the returns, the votes in the tally (tara) shall prevail.

Section 30. Canvass to be Completed Earliest Possible Time. - Subject to reasonable exceptions, the Board shall complete its canvass within thirty-six (36) hours.

Section 31. Pre-proclamation Cases Not Allowed. - For the purposes of the elections for President, Vice-President, Senator, Member of the House of Representatives under the party-list system, no pre-proclamation case shall be allowed on matters relating to the preparation, transmission, receipt, custody and appreciation of the election returns. However, this does not preclude the authority of the Board to motu proprio or upon written complaint of an interested person to correct manifest errors in the election returns before it.

Section 32. Illegal Composition or Proceedings of the Board. - Questions affecting the composition or proceedings of the SBOC may be initiated directly with the COMELEC, through the Committee. Such questions shall be merely noted in the Minutes attaching therewith all documents/proof of illegal composition and proceedings.

For this purpose, the Posts shall be required to appoint the Members of the SBOC not later than 12 March 2004.|avvphi1.nêt

Section 34. Manifest Error. - (a) Where it is clearly shown that manifest errors were committed in the tabulations or tallying of election returns, during he canvassing , the Board may motu proprio, or upon verified petition by any candidate political party, organization or coalition of political parties, after de notice and summary hearing, correct the errors committed.

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

A copy of the election returns was tabulated more than once;

Two or more copies of the election returns of one precinct/SBEI. Were tabulated;

There was mistake in the copying of the figures from the election returns into the Statement of Votes;

Election returns from non-existence precinct/SBEIs were included in the canvass;

Election returns from precincts of one country/post were included in the canvass in another country/post; or

There was a mistake in the addition of the Votes of any candidate.

(b) In order to correct manifest errors, the following procedures shall be compiled with.

The order for correction must be in writing and promulgated.

Any candidate, political party, or organization or coalition of political parties aggrieved by said order may appeal the same to the COMELEC within twenty-four (24) hours from its promulgation.

The appeal must implead as respondents the SBOC concerned and all parties that may be adversely affected.|avvphi1.nêt

Upon receipt of the appeal, the COMELEC Clerk of the Commission shall forthwith issue summons together with the copy of the appeal to the respondents

The Clerk of the Commission shall immediately set the appeal for hearing.

The appeal shall be heard and immediately decided by the Commission En Banc.

Section 34. Contested Proceedings; Period to Appeal. - Parties adversely afected by ruling of the Board on questions aecting the proceedings of the Board may appeal the matter to the COMELEC within five (5) days from the date of the ruling.

Section 35. Effectivity. - This resolution shall take effect on the seventh day following its publication in two (2) daily newspapers of general circulation in the Philippines.

Section 36. Dissemination. - The Education and Information Department shall cause the immediate publication of this resolution and shall furnish copies thereof to all political parties, party-list groups and candidates for national positions.

The Committee shall furnish copies hereof to the Department of Foreign Affairs and all Philippine Diplomatic Posts thru the DFA Overseas Absentee Voting Secretariats; the Department of Labor and Employment and Department of Justice and other agencies monitoring post abroad.

Let the Committee on Overseas Absentee Voting implement this Resolution.

(Sgd.) BENJAMIN S. ABALOS, SR.
Chairman

(Sgd.) RUFINO S.B. JAVIER
Commissioner (Sgd.) MEHOL K. SADAIN
Commissioner

(Sgd.) RESURRECCION Z. BORRA
Commissioner (Sgd.) FLORENTINO A. TUASON, JR.
Commissioner
(Sgd.) VIRGILIO O. GARCILLANO
Commissioner (Sgd.) MANUEL A. BARCELONA, JR.
Commissioner

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