Republic of the Philippines
COMMISSION ON ELECTIONS
Manila
Resolution No. 6669 March 16, 2004
GENERAL INSTRUCTIONS
FOR MUNICIPAL/CITY/PROVINCIAL AND DISTRICT BOARDS OF CANVASSERS IN CONNECTION WITH THE MAY 10, 2004 ELECTIONS
Promulgated: 16 March 2004
The Commission on Elections pursuant to the powers vested in it by the Constitution, Republic Acts No. 6646 and 7166, the Omnibus Election Code and other election laws, RESOLVED to promulgate, as it hereby promulgates, the following instructions for the Municipal, City, Provincial and District Boards of Canvassers in connection with the May 10, 2004 elections.
Section 1. Board of Canvassers. - There shall be a Board of Canvassers in each municipality, city, province and legislative district in Metro Manila.
Section 2. Supervision and control. - The Commission on Elections shall have direct control and supervision over the boards of canvassers and may motu proprio relieve at any time any member thereof and designate the substitute.
I. COMPOSITION OF THE BOARD OF CANVASSERS
Section 3. Municipal Board of Canvassers. - The Municipal Board of Canvassers shall be composed of the election officer or a representative of the Commission, as chairman, the municipal treasurer, as vice-chairman, and the district school supervisor, or in his absence, the most senior principal of the school district, as member.
Section 4. City Board of Canvassers. - The City Board of Canvassers shall be composed of the city election officer or a lawyer of the Commission, as chairman, the city prosecutor, as vice-chairman, and the city superintendent of schools, as member. In cities with more than one election officer, the Commission shall designate the election officer who shall act as chairman.
Section 5. Provincial Board of Canvassers. - The Provincial Board of Canvassers shall be composed of the provincial election supervisor or a lawyer of the Commission, as chairman, the provincial prosecutor as vice-chairman and the provincial superintendent of schools, as member.
Section 6. District Board of Canvassers for the legislative districts of Metro-Manila. - The District Board of Canvassers for the legislative districts of Metro Manila shall be composed of a lawyer of the Commission as chairman, a ranking prosecutor in the district to be appointed by the Commission upon consultation with the Department of Justice, as vice-chairman and the most senior district school supervisor in the district to be appointed by the Commission upon consultation with the Department of Education, as member.
Section 7. Substitution of chairman and members of the board of canvassers. - In case of non-availability, absence, disqualification due to relationship or incapacity for any cause of the chairman, who is required to be a lawyer, the Commission shall appoint as substitute, a ranking lawyer of the Commission. With respect to the other members of the board, the Commission shall, through the regional election director or the provincial election supervisor, as the case may be, appoint as substitute the following in the order named: The provincial auditor, the register of deeds, the clerk of court nominated by the executive judge of the Regional Trial Court and any other available appointive provincial official in the case of the provincial board of canvassers; the officials in the city corresponding to those enumerated, in the case of the city board of canvassers, and the municipal administrator, the municipal assessor, the clerk of court or any other available appointive municipal official, in the case of the municipal board of canvassers.
As substitute of the two members of the district board of canvassers of the legislative districts of Metro Manila, the Commission shall, upon consultation with the Department concerned, appoint the next ranking prosecutor or district supervisor, as the case may be, in the district.
Section 8. Secretary of the board. - The district school supervisor or the principal, the city or provincial superintendent of schools, as the case may be, shall act as secretary of their respective board of canvassers, unless otherwise ordered by the Commission. Each shall keep the minutes and record the proceedings of the board and such other incidents or matters relevant to the canvass.
II. COMMON PROVISIONS
Section 9. Notice of meetings of the board. - Not later than May 5, 2004, the chairman of the board shall give written notice to all members thereof and to each candidate, political party fielding candidates and parties, organization/coalition participating under the party-list system, of the date, time and place of the canvassing which shall be held in the session hall of the Sangguniang Panlalawigan/Panglungsod/Bayan, unless otherwise another venue is authorized by the Commission.
Notices of the canvassing shall be posted in the office of the election officer/provincial election supervisor, as the case may be, and in conspicuous places in the building where the canvass will be held.
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 candidates and sectoral party, organization/coalition under the party-list system shall be attached to and form part of the records of the canvassing board proceedings. If notice is given in open session, such fact shall be recorded in the minutes of the proceedings.
Failure to give notice of the date, time and place of the meeting of the board is an election offense under Section 261 (aa)(1) of the Omnibus Election Code.
Section 10. Convening of the board. - The board shall meet at 6:00 o’clock in the evening of election day at the designated place to receive the election returns or the certificates of canvass, as the case may be, 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 other election returns or certificates of canvass.
The proceedings of the Board shall be open and public.
Section 11. Absence of a regular board member. - In case of the absence of a regular board member, 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 board 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 board. As soon as the absent member appears, the substitute member shall relinquish his seat in favor of the regular board member.
Section 12. Prohibited degree of relationship. - The chairman and members of the board shall not be related within the fourth civil degree of consanguinity or affinity to any of the candidates whose votes will be canvassed by said board, or to any member of the same board.
Section 13. Prohibition against leaving official station. - During the period beginning election day until the proclamation of the winning candidates, no member or substitute member of the different boards of canvassers shall be transferred, assigned or detailed outside of his official station nor shall he leave the said station without prior authority of the Commission.
Section 14. Feigned Illness. - Any member of the board of canvassers feigning illness in order to be substituted on election day until the proclamation of the winning candidates shall be guilty of an election offense.
Section 15. Incapacity of regular board member. - In case of sickness or serious injury of a regular board member, a medical certificate shall be required attesting to the incapacity of said member. Upon submission of the medical certificate, a substitute shall be appointed. Said medical certificate shall be recorded in and form part of the minutes of the board.
Section 16. 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 17. Powers of the board. - The board shall have full authority to keep order within the canvassing room or hall and its premises and enforce obedience to its lawful orders. If any person shall refuse to obey any lawful order of the board or shall conduct himself in such disorderly manner as to disturb or interrupt its proceedings, the board may order any peace officer to take such person into custody until adjournment of the meeting.
Section 18. Right to be present and to counsel during the canvass. - Every registered political party or coalition of parties; accredited political party, sectoral party/organization or coalition thereof under the party-list, through its representative, and every candidate has the right to be present and to counsel during the canvass of the election returns or certificates of canvass: Provided, That, only one counsel may argue for each political party or candidate. They shall have the right to examine the returns or certificates being canvassed without touching them, make observations thereon, and file their challenges in accordance with the rules and regulations of the Commission. No dilatory action shall be allowed by the board.
Section 19. Watchers. - Every registered political party, or coalition of political parties fielding candidates, accredited political parties, sectoral party/organization or coalition thereof under the party-list and every candidates shall be entitled to one watcher in every canvassing center. Provided, That candidates for the sangguniang panlalawigan, sangguniang panglungsod or sangguniang bayan belonging to the same slate or ticket shall collectively be entitled to only one watcher.
The citizens’ arm of the Commission, and civic, religious, professional, business, service, youth and other similar organizations collectively, with prior authority of the Commission, shall each be entitled to two (2) watchers to serve alternately.
A person convicted by final judgment of any election offense or any other crime or related to any member of the canvassing board within the fourth civil degree of consanguinity or affinity shall not be appointed as watcher.
Under no circumstance shall barangay officials including barangay tanods be appointed as watchers.
The watchers shall have the right to:
be present at, and take note of, all the proceedings of the board;
stay behind the chairman of the board near enough to be able to read the election returns/certificates of canvass without touching them; and
file a protest against any irregularity noted in the election returns/certificate of canvass and obtain from the board a resolution thereon in writing.
Watchers shall not be allowed to participate in the deliberations of the board.
Section 20. Persons not allowed inside the canvassing room. - During the canvassing, it shall be unlawful for the following to enter the room where the canvass is being held or to stay within a radius of fifty (50) meters from such room:
Any officer or member of the Armed Forces of the Philippines;
Any officer or member of the Philippine National Police;
Any peace officer or any armed or unarmed person belonging to an extra-legal police agency, special forces, strike forces, or civilian armed forces geographical units (CAFGU);
Any barangay tanod or any member of the barangay self-defense units
Any member of the security or police organizations of government agencies, commissions, councils, bureaus, offices, instrumentalities, or government-owned or controlled corporations or their subsidiaries; or
Any member of a privately-owned or operated security, investigative, protective or intelligence agency performing identical or similar functions.
Whenever necessary, however, the board, by majority vote, may direct in writing for the detail of policemen or peace officers for their protection or for the protection of the election documents and paraphernalia, or for the maintenance of peace and order, in which case said policemen or peace officers, who shall be in proper uniform, shall stay outside the room but near enough to be easily called by the board at any time.
Section 21. Safekeeping of transmitted election returns or certificates of canvass. - The board shall place the election returns/certificates of canvass in ballot boxes which shall be locked with three padlocks and secured with a serially-numbered self-locking seal. The three keys to the padlock shall each be kept by the members of the board. The serial number of every self-locking seal shall be entered in the minutes.
The said ballot boxes shall be kept in a safe and secured room before, during and after the canvass. The door to the room shall be locked with three padlocks with the keys thereof kept by each of the members of the board.
The watchers shall have the right to guard the room.
Section 22. Canvassing Committees. - The city/municipal boards may constitute one (1) canvassing committee for every one hundred (100) election returns to enable them to complete the canvass within the period prescribed herein. Each committee shall be composed of three members, consisting of one (1) representative from each member of the board. All the candidates shall be notified in writing of the number of committees to be constituted so that they can designate their watchers in each committee. The committees shall be under the direct supervision and control by the board. The names of the members of each committee, the board members they represent and the election returns assigned to them for tabulation shall be properly recorded in the minutes of the proceedings. In no case shall a casual employee be appointed/designated to serve as member of the canvassing committee, nor shall an employee of the Office of the Provincial Governor, City/Municipal Mayor, or their corresponding Sanggunians be appointed/designated thereto.
The Board may also constitute a Reception and Custody Group with the same composition as the sub-canvassing committee.
Section 23. Tabulators. - The Boards of Canvassers shall designate two (2) tabulators to prepare the Statement of Votes in accordance with the immediately succeeding section. In case of designation of canvassing committees, the boards shall appoint two (2) tabulators for each canvassing committee. The tabulators shall be under the direct supervision and control of the board. The names of each tabulator and the certificates of canvass assigned to them for tabulation shall be properly recorded in the minutes of the proceedings. In no case shall a casual employee or an employee of the Office of the Provincial Governor, City/Municipal Mayor, or their corresponding Sanggunians be appointed/designated to serve as tabulator.
Section 24. Canvassing procedure. - The board shall comply with the following rules:
The board shall maintain a log of all election returns/certificates of canvass received and canvassed. Said log shall include the time of receipt and date of canvass.
Upon receipt of the security envelopes containing the election returns/certificates of canvass, the board shall examine the condition of each envelope. The secretary shall then enter in the minutes the number/quantity of envelopes delivered, the condition of the envelopes and their serial numbers.
The board shall open only such number of envelopes that could be canvassed during the meeting.
After opening each envelope, the board shall examine the condition of the election return/certificate of canvass. The secretary shall then record in the minutes the condition of the election return/certificate of canvass and its serial number.
The board shall then canvass the election return/certificate of canvass and the tabulators shall enter in the Statement of Votes (CEF 20-A), the votes obtained by each candidate as they are read.
For purposes of preparing the SOV, the following terms are used:
Sub-total - sum of all votes obtained by each candidate when all the columns of a set of SOV are filled. This shall be recorded in the last column indicated in the SOV.
Page partial total - sum of votes obtained by each candidate appearing in one page of the SOV, when some columns are not filled at the time of adjournment/suspension of canvass. This shall be recorded on the box immediately after the last entry of votes at the time of adjournment/suspension of canvass. When all election returns/certificates of canvass have been canvassed, and the columns of the last page of the SOV are not filled, the page partial total shall be considered as the sub-total.
Provisional total - accumulated total of all votes obtained by each candidate as of the time of adjournment/suspension of canvass, for the purpose of releasing results to mass media and other interested parties. This shall not appear in the SOV.
Summary of votes - listing of all sub-totals reflected in each set of SOV. This shall be recorded in a separate set of SOV by entering in each column the sub-totals per set of SOV.
Grand total - sum of all sub-totals of votes obtained by each candidate as listed in the summary of votes.
Immediately after an election return/certificate of canvass has been canvassed, the chairman of the board/canvassing committee, if any, shall write on its upper right hand corner the word “CANVASSED” and affix bellow it his signature and the date and time of completion of canvass.
The canvassed election returns/certificates of canvass placed in their corresponding envelopes shall then be deposited in the ballot box. Upon adjournment, said ballot box shall be locked with three padlocks and sealed with a serially-numbered seal. The keys corresponding to the three padlocks shall each be kept by the three members of the board. The ballot box containing these election returns/certificates of canvass shall be kept and preserved in a secured room under the custody of the chairman of the board, until further orders of the Commission.
After all the columns of the SOV are filled, the tabulators shall indicate in the space provided for the purpose, the sub-total of the votes obtained by each candidate, and affix their signatures above their printed names and imprint their thumbmarks on the certification portion thereof. The board shall likewise affix their signatures above their printed names and imprint their thumbmarks.
The SOV containing the sub-total shall, in the presence of all the members of the board and watchers, if any, be placed in the ballot box together with the election returns/certificates of canvass already canvassed.
The board shall open the next envelope and follow the above procedure until all the election returns/certificate of canvass have been canvassed.
After all the election returns/certificates of canvass have been canvassed, the tabulators shall:
Prepare a summary of the votes obtained by each candidate by entering therein all the sub-totals contained in each page of the SOV;
Record the grand total of votes obtained by each candidate by adding all the sub-totals; and
Accomplish the certification portion by affixing their signatures above their printed names and imprinting their thumbmarks thereon. The board shall likewise affix their signatures above their printed names and imprint their thumbmarks on the certification portion thereof.
The board shall prepare a certificate of canvass or certificate of canvass and proclamation as the case may be, and distribute in the manner prescribed hereunder.
Each time the Board adjourns, it shall make a total of all votes canvassed so far for each candidate for each office, using the following procedure;
When the columns of the SOV are not all filled, the tabulator(s) shall indicate the page partial total of votes obtained by each candidate and close the same by affixing their initials. The SOV shall be placed in the ballot box provided in No. 4 hereunder.
When all columns of the SOV are filled, the tabulator(s) shall indicate the sub-total as provided under (f) hereof.
A provisional total shall be made available to mass media and other interested parties.
The remaining unopened envelopes and SOV containing the page partial total shall be placed in the ballot box provided for the purpose which shall be locked with three padlocks and self-locking seals. The keys to each padlock shall be kept by the members of the board.
The serial number of the self-locking seal and the quantity of the remaining unopened envelopes shall be recorded in the minutes.
Furnish the Commission in Manila by the fatest means of communication a provisional total of the votes canvassed so far for each candidate for each office, and making available the data contained therein to the mass media and other interested parties.
Upon resumption of the canvass:
The secretary of the board shall verify and enter in the minutes the condition of the three padlocks and the self-locking seal; as well as its serial number.
The board shall then, in the presence of the watchers, open the ballot box, retrieve the partially-filled SOV and the unopened envelopes containing the election returns/certificates of canvass not yet canvassed, and proceed with the canvass until all election returns/certificates are canvassed.
In accomplishing the certificate of canvass, the statement of votes and other forms, all the members of the board, including the tabulators, shall see to it that the impression on the first copy of the set is recorded on each and every page thereof. They shall affix their signatures above their printed names and imprint their thumbarks on the certification at the bottom of the forms.
Section 25. When the election returns/certificates of canvass are delayed, lost or destroyed. - In case its copy of the election returns/certificates of canvass is missing, the board of canvassers shall, by authorized messenger, immediately obtain the same from the board of election inspectors concerned, or if said returns/certificates have been lost or destroyed, the board of canvassers, upon prior authority of the Commission, may use any of the authentic copies thereof or a certified copy of said election returns/certificates issued by the Commission, and forthwith direct its representative to investigate the case and immediately report the matter to the Commission.1awphil.ñêt
The board of canvassers, notwithstanding the fact that not all the election returns/certificates of canvass have been received by it, may terminate the canvass and proclaim the candidates elected on the basis of the available election returns/certificates of canvass if the missing returns/certificates will not affect the results of the election.
Section 26. Material defects in the election returns/certificates of canvass. - If it should clearly appear that some requisites in form or data had been omitted in the election returns/certificates of canvass, the board of canvassers shall call for all the members of the board of election inspectors concerned by the most expeditious means, to effect the corrections: Provided, That in case of the omission in the election returns/certificates of canvass of the name of any candidate and/or his corresponding votes, the board of canvassers shall require the board of election inspectors concerned to complete the necessary data in the election returns/certificates of canvass and affix therein their initials: Provided, further, That if the votes omitted in the returns/certificates cannot be ascertained by other means except by recounting the ballots, the election returns/certificates of canvass shall be set aside and such fact shall be reported to the Commission which shall proceed as provided in Sec. 234 of the Omnibus Election Code.
Section 27. When election returns/certificates of canvass appear to be tampered with or falsified. - If the election returns/certificate of canvass submitted to the board of canvassers appear to be tampered with altered or falsified after they have left the hands of the board of election inspectors, or otherwise not authentic, or were prepared by the BEI concerned, under duress, force, intimidation, or prepared by persons other than the members of the board of election inspectors , the board of canvassers shall use the other copies of said election returns/certificates of canvass and, if necessary, the copy of the election returns inside the ballot box which upon previous authority given by the Commission may be retrieved in accordance with Section 220 of the Omnibus Election Code. If the other copies of the election returns/certificates of canvass are likewise tampered with, altered, falsified, not authentic, prepared under duress, force, intimidation, or prepared by persons other than the members of the board of election inspectors, the board of canvassers or any candidate affected shall bring the matter to the attention of the Commission which shall proceed as provided in Sec. 235 of the Omnibus Election Code.
Section 28. Discrepancies in election returns/certificates of canvass. - In case it appears to the board of canvassers that there exist discrepancies in the other authentic copies of the election returns/certificates of canvass from a polling place or discrepancies in the votes of any candidate in words and figures in the same returns/certificates and in either case they affect the results of the election, the board of canvassers shall not canvass the election returns/certificates of canvass and shall submit the matter to the Commission which shall proceed as provided in Sec. 236 of the Omnibus Election Code.
Section 29. Canvass to be completed at earliest possible time. - Subject to reasonable exceptions, the board of canvassers must complete its canvass within thirty-six (36) hours in municipalities, forty-eight (48) hours in cities, and seventy two (72) hours in provinces/districts in Metro Manila/cities comprising one or more legislative districts.
Section 30. Submission of the minutes of the proceedings of the board. - Within forty-eight hours from the termination of canvass, the secretary of the board shall submit to the Law Department of the Commission on Elections in Manila by registered mail a certified copy of the minutes of the proceedings of the board and shall notify by telegram the same department of the date and manner of transmittal of the minutes, indicating therein the registry receipt number.
III. PRE-PROCLAMATION CASES
Section 31. Pre-proclamation cases not allowed in the election for President, Vice-President, Senator, Member of the House of Representatives and Party-List. - For purposes of the election for President, Vice-President, Senator, Member of the House of Representatives and Party-List, no pre-proclamation case shall be allowed on matters relating to the preparation, transmission, receipt, custody and appreciation of the election returns or the certificates of canvass, as the case may be. However, this does not preclude the authority of the appropriate canvassing body motu proprio or upon written complaint of an interested person to correct manifest errors in the election returns or certificates of canvass.
Any objection to the election returns/certificates of canvass shall be specifically noted in the minutes of the board.
Section 32. Manifest error. - There is manifest error in the tabulation or tallying of the results during the canvassing where:
A copy of the election returns or certificate of canvass was tabulated more than once;
Two or more copies of the elections returns of one precinct, or two or more copies of certificate of canvass were tabulated separately;
There was a mistake in the copying of the figures from the election returns to the statement of votes by precinct or from the municipal/city Certificate of Canvass to the Statement of Votes by Municipality; or from the Provincial/City Certificate of Canvass to the SOV by province/city.
Returns from non-existent precinct were included in the canvass; or
There was a mistake in the addition of the votes of any candidate.
Section 33. Pre-proclamation cases involving provincial, city and municipal offices. - Pre-proclamation cases involving provincial , city and municipal offices are allowed.
Section 34. Issues that may be raised in pre-proclamation controversy. - The following shall be proper issues that may be raised in a pre-proclamation controversy :
Illegal composition or proceedings of the board of canvassers;
The canvassed election returns/certificates of canvass are incomplete, contain material defects, appear to be tampered with or falsified, or contain discrepancies in the same returns/certificates or in other authentic copies thereof as mentioned in Sections 233, 234, 235, and 236 of the Omnibus Election Code;
The election returns/certificates of canvass were prepared under duress, threats, coercion, or intimidation, or they are obviously manufactured or not authentic; and
When substitute or fraudulent election returns/certificates of canvass were canvassed, the results of which materially affected the standing of the aggrieved candidate or candidates.
Section 35. Pre-proclamation controversies; How commenced. - Questions affecting the composition or proceedings of the board of canvassers may be initiated in the board or directly with the Commission. However, matters raised under Section 233, 234, 235 and 236 of the Omnibus Election Code in relation to the preparation, transmission, receipt, custody and appreciation of the election returns and the certificates of canvass shall be brought in the first instance before the board of canvassers only.
Section 36. Procedure in disposition of contested election returns/certificate of canvass. - The following procedure is mandatory and shall be strictly observed by the boards of canvassers:
Any candidate, political party or coalition of political parties contesting the inclusion or exclusion in the canvass of any election return/certificate of canvass on any of the grounds authorized under Article XX (Pre-Proclamation Controversies) or Section 234, 235 and 236 of Article XIX of the Omnibus Election Code shall submit their oral objections to the chairman of the board of canvassers at the time the questioned return/certificates is presented for inclusion in the canvass. Such objection shall be recorded in the minutes of the canvass.
Upon receipt of any such objection, the board of canvassers shall automatically defer the canvass of the contested return/certificate and proceed to canvass those which are not contested. However, before setting aside the contested return/certificate, the board shall canvass the votes and prepare the Certificate of Canvass for President, Vice-President, Senators, Members of the House of Representatives and Party-List (CEF No. 20).
With respect to the provincial/municipal offices, the votes shall be tallied temporarily in a separate tally sheet, which shall be signed by the board and watchers present.
Simultaneous with the oral objections, the objecting party shall submit his objections in writing in the form prescribed by the Commission.
Within twenty-four (24) hours from and after the presentation of such an objection, the objecting party shall submit the evidence in support thereof, which shall be attached to the written objections. Within the same period of twenty-four (24) hours, after presentation of the objection(s), any party may file a written and verified opposition to the objection in the form prescribed by the Commission attaching thereto supporting evidence, if any. The board of canvassers shall not entertain any objection or opposition unless reduced in writing in the prescribed form.
The evidence attached to the objection or opposition, shall be immediately and formally admitted to the records of the board by the chairman by affixing his signature at the back of each and every page thereof.
Upon receipt of the evidence, the board shall take up the contested returns/certificates, consider the written objections thereto and opposition, if any, and summarily and immediately rule thereon. The board shall enter its ruling in the prescribed form and authenticate the same by the signatures of all the members thereof.
Any party adversely affected by the ruling, shall immediately inform the board if he intends to appeal said ruling. The board shall enter said information in the minutes of the canvass, set aside the returns/certificates and proceed to consider the other returns/certificates.
After all the uncontested returns/certificates have been canvassed and the contested return/certificate ruled upon by it, the board shall suspend the canvass. Within forty-eight (48) hours therefrom, any party adversely affected by the ruling may file with the board a written and verified notice of appeal; and within an inextendible period of five (5) days thereafter, an appeal may be taken to the Commission.
Immediately upon receipt of the notice of appeal, the board shall make an appropriate report to the Commission, elevating therewith the complete records and evidence submitted in the canvass, and furnishing the parties with copies of the report.
On the basis of the records and evidence elevated to it by the board, the Commission shall decide summarily the appeal within seven (7) days from the receipt of said records and evidence. Any appeal brought before the Commission on the ruling of the board, without the accomplished forms and the evidence thereto, shall be summarily dismissed.
The decision of the Commission shall be executory after the lapse of seven (7) days from receipt thereof by the losing party.
The board of canvassers shall not proclaim any candidate as winner unless authorized by the Commission after the latter has ruled on the objections brought to it on appeal by the losing party. Any proclamation made in violation hereof shall be void ab initio, unless the contested returns/certificates will not adversely affect the results of the election.
Section 37. Partial proclamation. - Notwithstanding the pendency of any pre-proclamation controversy, the Commission may summarily order the proclamation of other winning candidates whose election will not be affected by the outcome of the controversy.
Section 38. Contested proceedings; period to appeal. - Parties adversely affected by a ruling of the board on questions affecting the composition or proceedings of the board may appeal the matter to the Commission within three (3) days from the date of the ruling.
IV. THE CITY/MUNICIPAL BOARD OF CANVASSERS
Section 39. Duties and functions of the City/Municipal Board of Canvassers. - The city or municipal board of canvassers shall:
Canvass the election returns for President, Vice-President, Senators, Members of the House of Representatives, Party-List and for elective provincial and city or municipal officials;
Upon completion of the canvass;
Prepare in seven (7) copies, the Certificate of Canvass of Votes for President, Vice-President, Senators, Members of the House of Representatives, Party-List and Elective Provincial Officials (CEF No. 20);
Prepare the Certificate of Canvass and Proclamation of Winning Candidates for City or Municipal Offices (CEF No. 24 & 25); and
Proclaim said winning candidates.
Section 40. Distribution of certificate of canvass. - The board of canvassers shall distribute the Certificate of Canvass of Votes for President, Vice-President, Senators, Members of the House of Representatives, Party-List and Elective Provincial Officials (CEF No. 20) as follows:
The first copy to the provincial board of canvassers for use in the canvass for President, Vice-President, Senators, Members of the House of Representatives, Party-List and other elective provincial officials.
The second copy to the Election Records & Statistics Department Commission on Elections, Manila;
The third copy to be kept by the chairman of the board;
The fourth copy to NAMFREL, the citizens’ arm designated by the Commission to conduct a media-based unofficial count; and
The fifth, sixth and seventh copies to the first three (3) of the accredited major political parties. The parties receiving the certificates shall have the obligation to furnish the other parties with authentic copies thereof with the least possible delay.
The first three copies of the certificates of canvass of votes prepared by the city or municipal board of canvassers shall each be supported by a SOV by precinct, signed and thumbmarked by the chairman and members of the board, and the watchers of the accredited major political parties, if available. Thereafter, they shall each be sealed and placed inside their corresponding security envelopes which shall likewise be sealed.
Section 41. Certificates of canvass and proclamation. -
The Certificate of Canvass of Votes and Proclamation of Winning Candidates for City Offices (CEF No. 24) shall be prepared in sufficient copies and distributed as follows:
Secretary of the Sangguniang Panglungsod;
Chairman, City Board of Canvassers;
Election Records & Statistics Department, Commission on Elections, Manila;
City Treasurer;
Regional Election Director;
Provincial Election Supervisor;
Each of the winning candidates proclaimed; and
One copy for posting on the bulletin board of the city hall.
The first six copies shall be individually folded, sealed with a serially numbered paper seal in such a way that the certificate of canvass and proclamation cannot be opened without breaking the seal and placed in the proper envelopes which shall thereafter be sealed.
A copy of the SOV by precinct shall be attached to the copies for the secretary of the sangguniang panglungsod; the chairman, city board of canvassers; and the Commission on Elections.
The Certificate of Canvass of Votes and Proclamation of Candidates for Municipal Offices (CEF No. 25) shall be prepared in sufficient copies and distributed as follows:
Secretary of the Sangguniang Bayan;
Chairman, Municipal Board of Canvassers;
Election Records & Statistics Department, Commission on Elections, Manila;
Secretary of the Sangguniang Panlalawigan;
Provincial Election Supervisor;
Regional Election Director;
Municipal Treasurer;
Each winning candidate proclaimed; and
One copy for posting on the bulletin board of the municipal hall.
The first seven copies shall be individually folded, sealed with a serially numbered paper seal in such a way that the certificate of canvass and proclamation cannot be opened without breaking the seal and placed in the proper envelope, which shall thereafter be sealed.
A copy of the SOV by precinct shall be attached to the copies for the chairman of the municipal board of canvassers; and the Commission on Elections.
V. PROVINCIAL BOARD OF CANVASSERS
Section 42. Duties and functions of the Provincial Board of Canvassers. - The Provincial Board of Canvassers shall:
Canvass the Certificates of Canvass of Votes for President, Vice-President, Senators, Members of the House of Representatives, Party-List and Elective Provincial Officials (CEF No. 20) submitted by the board of canvassers of municipalities and component cities;
Upon completion of the canvass;
Prepare in seven (7) copies , A Certificate of Canvass of Votes for President, Vice President, Senators and Party-List (CEF No. 21);
Prepare the Certificates of Canvass of Votes and Proclamation of Winning Candidates for members of the House of Representatives and Provincial Offices (CEF Nos. 22 & 23); and
Proclaim the winning candidates for members of the House of Representatives and provincial offices.
Section 43. Distribution of Certificates of Canvass. - The Provincial Board of Canvassers shall distribute the Certificate of Canvass of Votes for President, Vice-President, Senators and Party-List (CEF No. 21) as follows:
The first copy to the Congress, directed to the President of the Senate for use in the canvass of election results for President and Vice-President;
The second copy to the Commission sitting as the National Board of Canvassers for use in the canvass of the results for Senators and Party-List Representatives;
The third copy to be kept by the chairman of the board;
The fourth copy to NAMFREL, the citizens’ arm designated by the Commission to conduct a media-based unofficial count;
The fifth, sixth and seventh copies of the certificate of canvass of votes to the first three (3) of the accredited major political parties. The parties receiving the certificates shall have the obligation to furnish the other parties with authentic copies thereof with the least possible delay.
The first three copies of the certificates of canvass of votes prepared by the provincial board of canvassers shall be supported by a copy of the SOV by city/municipality. The copy for the Congress shall, in addition, be supported by a SOV by precinct as submitted to the provincial board of canvassers by the city and municipal boards of canvassers. The certificates shall be signed and thumbmarked by the chairman and members of the provincial board of canvassers and the watchers of the accredited major political parties, if available. Thereafter, they shall be placed inside their corresponding security envelopes.
Section 44. Certificate of Canvass of Votes and Proclamation of Winning Candidates for Members of the House of Representatives and for Provincial Offices. - The Certificate of Canvass of Votes and Proclamation of Winning Candidates for Members of the House of Representatives (CEF) No. 22) shall be prepared for each legislative district in four (4) copies and distributed as follows:
The first copy to the Election Records & Statistics Department, Commission on Elections in Manila;
The second copy to be kept by the chairman of the provincial board of canvassers;
The third copy to the candidate proclaimed; and
The fourth copy for posting on the bulletin board of the provincial capitol.
The first and the second copies shall be individually folded and placed in the proper security envelope together with a copy of the SOV by city/municipality.
The Certificates of Canvass of Votes and Proclamation of the Winning Candidates for Provincial Offices (CEF No. 23) shall be prepared in sufficient copies to be distributed as follows:
Secretary of the Sangguniang Panlalawigan;
Chairman of the Provincial Board of Canvassers;
Election Records & Statistics Department, Commission on Elections, Manila;
Provincial Treasurers;
Regional Election Director;
Each of the winning candidates proclaimed; and
One copy for posting on the bulletin board of the provincial capital.
The first five copies shall be individually folded and shall be placed in the proper security envelope.
A copy of the SOV by city/municipality shall be attached to the copies for the chairman, provincial board of canvassers and the Commission on Elections.
VI. BOARD OF CANVASSERS OF CITIES COMPRISING ONE OR MORE LEGISLATIVE DISTRICTS
Section 45. Duties and functions of the City Board of Canvassers for cities comprising one or more legislative districts. – The Board of Canvassers of cities comprising one or more legislative districts shall:
Canvass the election returns for President, Vice-President, Senators, Party-List, Members of the House of Representatives, and elective city officials;
Upon completion of the canvass;
Prepare in seven (7) copies the Certificates of Votes for President, Vice-President, Senators and Party-List (CEF No. 21);
Prepare the Certificates of Canvass and Proclamation of winning candidates for Members of the House of Representatives and city officials; and
Proclaim the winning candidates for Members of the House of Representatives and city officials.
In the case of cities with two or more legislative districts, the board shall first canvass the election returns from the legislative district wherein all or a substantial number of precincts have already submitted before canvassing those from the next legislative districts.
Section 46. Distribution of the Certificate of Canvass of Votes. - The Board of Canvassers shall distribute the Certificate of Canvass of Votes for President, Vice-President, Senators and Party-List (CEF No. 21) as follows:
The first copy to Congress, directed to the President of the Senate for use in the canvass of election results for President and Vice-President;
The second copy to the Commission on Elections sitting as the National Board of Canvassers for use in the canvass of the election results for Senators and Party-List Representatives;
The third copy to be kept by the chairman of the board;
The fourth copy to NAMFREL, the citizens arm designated by the Commission to conduct a media-based unofficial count; and
The fifth, sixth and seventh copies of certificate of canvass of votes to any three (3) of the accredited major political parties. The parties receiving the certificate shall have the obligation to furnish the other parties with authentic copies thereof with the least possible delay.
The certificates of canvass of votes prepared by the city board of canvassers shall each be supported by a copy of the SOV by precinct, signed and thumbmarked by the chairman and members of the board, and the watchers of the accredited major political parties, if available. They shall each be placed inside their corresponding security envelopes.
Section 47. Certificate of Canvass of Votes and Proclamation. -
The Certificate of Canvass of Votes and Proclamation of Winning Candidates for Members of the House of Representatives (CEF No. 22) shall be prepared for each legislative district in four (4) copies and distributed as follows:
The first copy to the Election Records & Statistics Department, Commission on Elections in Manila;
The second copy to be kept by the chairman of the board of canvassers;
The third copy to the candidates proclaimed; and
The fourth copy for posting on the bulletin board of the city hall.
The first and second copies shall be individually folded and placed in the proper security envelope, together with a copy of the SOV by precinct.
The Certificate of Canvass of Votes and Proclamation of the Winning Candidates for the City Offices (CEF No. 24) shall be prepared in sufficient copies to be distributed as follows:
Secretary of the Sangguniang Panglungsod;
Chairman, City Board of Canvassers;
Election Records & Statistics Department, Commission on Elections, Manila;
City Treasurer;
Regional Election Director;
Each of the winning candidates proclaimed; and
One copy for posting on the bulletin board of the city.
The first five copies shall be separately folded and placed in their corresponding security envelopes.
A copy of the SOV by precinct hall be attached to the copies for the chairman; city board of canvassers; and the Commission on Elections.
VII. THE DISTRICT BOARDS OF CANVASSERS IN METRO MANILA
(For the Municipality of San Juan )
Section 48. Duties and functions of the District Board of Canvassers of the municipality of San Juan, comprising one legislative district. - The District Board of Canvassers of the municipality of San Juan shall:
Canvass the election returns for the President, Vice-President, Senators, Party-List, Member of the House of Representatives, and elective municipal officials of the precincts within the municipality;
Upon completion of the canvass;
Prepare in seven (7) copies the Certificate of Canvass Of Votes for President, Vice-President, Senators, Party-List (CEF No. 21);
Prepare the certificate of canvass of votes and proclamation of winning candidates for Member of the House of Representatives and municipal offices; and
Proclaim the winning candidates for Member of the House of Representatives and municipal offices.
Section 49. Distribution of the Certificate of Canvass and Proclamation. – The Municipal/District Board of Canvassers shall distribute the Certificate of Canvass of Votes for President, Vice-President and Party-List (CEF No. 21) as follows:
The first copy to the Congress, directed to the President of the Senate for use in the canvass of election results for President and Vice-President;
The second copy to the Commission sitting as the National Board of Canvassers for use in the canvass of the election results for Senators and Party-List;
The third copy to be kept by the chairman of the board;
The fourth copy to NAMFREL, the citizens’ arm designated by he Commission to conduct a media-based unofficial count; and
The fifth, sixth and seventh copies of the certificate of canvass of votes to the first three (3) of the accredited major political parties. The parties receiving the certificates shall have the obligation to furnish the other parties with authentic copies thereof with the least possible delay.lawph!1.net
In the Metro-Manila Area, the certificates of canvass of votes prepared by the District Board of Canvassers of a legislative district comprising one (1) municipality shall be supported by a SOV by precinct, signed and thumbmarked by the chairman and members of the board, and the watchers of the accredited major political parties, if available. They shall each be placed inside their corresponding security envelopes.
Section 50. Certificate of Canvass of Votes and Proclamation. -
the Certificate of Canvass of Votes and Proclamation of the Winning Candidates for Member of the House of Representatives (CEF No. 22) shall be prepared in four (4) copies and distributed as follows:
The first copy to the Election Records & Statistics Department, Commission on Elections in Manila;
The second copy to be kept by the chairman of the board;
The third copy to the proclaimed candidates; and
The fourth copy for posting in the bulletin board of the municipal hall.
The first and the second copies shall be individually folded and placed in a security envelope, together with a copy of the SOV by precinct.
The Certificate of Canvass of Votes and Proclamation of the Winning Candidates for Municipal Offices (CEF No. 25) shall be prepared in sufficient copies to be distributed as follows:
Secretary of the Sangguniang Bayan;
Chairman, Municipal Board of Canvassers;
Election Records & Statistics Department, Commission on Elections, Manila;
Regional Election Director;
Municipal Treasurer;
Each of the winning candidates proclaimed; and
One copy for posting on the bulletin board of the municipal hall.
The first five copies shall be individually folded and placed in their corresponding security envelopes.
A copy of the SOV by precinct shall be attached to the copies for the chairman, district board of canvassers , and the Commission on Elections.
VIII. THE MUNICIPAL BOARD OF CANVASSERS OF EACH COMPONENT MUNICIPALITY IN A LEGISLATIVE DISTRICT IN METRO MANILA.
(Taguig, Pateros, Navotas and Malabon)
Section 51. Duties and functions of the Municipal Board of Canvassers of each component municipality in a legislative district in Metro-Manila. - The Municipal Board of Canvassers of each component municipality of a legislative district in Metro Manila shall:
Canvass the election returns for President, Vice-President, Senators, Party-List Members of the House of Representatives, and elective municipal officials;
Upon completion of the canvass;
Prepare in seven (7) copies, the Certificate of Canvass of Votes for President, Vice-President, Senators, Party-List and Members of the House of Representatives CEF No. 20);
Prepare the Certificate of Canvass of Votes and Proclamation of Winning Candidates (CEF No. 25); and
Proclaim the winning candidates for municipal offices.
Section 52. Distribution of the Certificate of Canvass of Votes and Proclamation. - The Municipal Board of Canvassers shall distribute the Certificate of Canvass of Votes for President, Vice-President, Senators, Members of the House of Representatives and Party-List (CEF No. 20) as follows:
The first copy to the District Board of Canvassers for use in the canvass of election results for President, Vice-President, Senators, Members of the House of Representatives and Party-List;
The second copy to the Election Records & Statistics Department, Commission on Elections, Manila;
The third copy to be kept by the chairman of the Municipal Board of Canvassers;
The fourth copy to NAMFREL, the citizens arm designated by the Commission to conduct a media-based unofficial count; and
The fifth, sixth and seventh copies to the first three (3) of the accredited major political parties. The parties receiving the certificates shall have the obligation to furnish the other parties with authentic copies thereof with the least possible delay.
The Certificate of Canvass of votes prepared by the Municipal Board of Canvassers, shall each be supported by a SOV by precinct, signed and thumbmarked by the chairman and members of the board, and the watchers of the accredited major political parties, if available. Thereafter, they shall each be place inside their corresponding security envelopes.
Section 53. Certificates of Canvass of Votes and Proclamation. - The Certificate of Canvass of Votes and Proclamation of the Winning Candidates for Municipal Offices (CEF No. 25) shall be prepared in sufficient copies and distributed as follows:
Secretary of the Sangguniang Bayan;
Chairman, Municipal Board of Canvassers;
Election Records & Statistics Department, Commission on Elections, Manila;
Regional Election Director;
Municipal Treasurer;
Each of the winning candidates proclaimed; and
One copy for posting on the bulletin board of the municipal hall.
The first five copies shall be individually folded and placed in the proper envelope.
A copy of the SOV by precinct, shall be attached to the copies for the chairman, municipal board of canvassers; and the Commission on Elections.
IX. DISTRICT BOARD OF CANVASSERS OF LEGISLATIVE DISTRICT OF MANILA
(Taguig-Pateros and Navotas-Malabon, Metro Manila)
Section 54. Duties and functions of the District Board of Canvassers of legislative districts comprising two (2) municipalities in the Metropolitan Manila area. - The District Board of Canvassers of each legislative district comprising two (2) municipalities in the Metro Manila Area shall:
Canvass the Certificate of Canvass for President, Vice-President, Senators, Party-List, and Members of the House of House of Representatives (CEF No. 21) submitted by the municipal board of canvassers of the component municipality;
Upon completion of the canvass;
Prepare in seven (7) copies a Certificate of Canvass of Votes for President, Vice-President, Senators, and Party-List (CEF No. 21);
Prepare the Certificate of Canvass of Votes and Proclamation of the Winning Candidate for Member of the House of Representatives (CEF No. 22) in the legislative district; and
Proclaim the winning candidate for Member of the House of Representatives in the legislative district.
Section 55. Distribution of the Certificate of Canvass. - The District Board of Canvassers shall distribute the Certificate of Canvass of Votes for President, Vice-President, Senators and Party-List (CEF No. 21) as follows:
The first copy to the Congress, directed to the President of the Senate for use in the canvass of the election results for President and Vice-President;
The second copy to the Commission sitting as the National Board of Canvassers for use in the canvass of the election results for Senators and Party-Lists;
The third copy to be kept by the chairman of the board;
The fourth copy to NAMFREL, the citizens’ arm designated by the Commission to conduct a media-based unofficial count; and
The fifth, sixth and seventh copies of the certificate of canvass to the first three (3) of the accredited major political parties. The parties receiving the certificates shall have the obligation to furnish the other parties with authentic copies thereof with the least possible delay.
The certificate of canvass of votes prepared by herein district board shall be supported by a SOV by municipality. The copy for the Congress shall, in addition, be supported by a SOV by precinct as submitted by the municipal boards of canvassers.
Section 56. Certificate of Canvass of Votes and Proclamation. - The Certificate of Canvass of Votes and Proclamation of the Winning Candidate for Member of the House of Representatives (CEF no. 22) shall be prepared in four (4) copies and distributed as follows:
The first copy to the Election Records & Statistics Department, Commission on Elections in Manila;
The second copy to be kept by the chairman of the district board of canvassers;
The third copy to the proclaimed candidate and
The fourth copy for posting on the bulletin board of the municipal hall where canvassing was conducted.
The first and second copies shall be individually folded and placed in their corresponding security envelopes together with a copy of the SOV by municipality.
X. EFFECTIVITY AND DISSEMINATION
Section 57. Effectivity. - This resolution shall take effect on the seventh day after its publication in two (2) newspapers of general circulation in the Philippines.
Section 58. Dissemination. - The Education and Information Department shall furnish the Department of Justice, Department of Education, the Department of Finance, all Regional Election Directors, Provincial Election Supervisors and Election Officers, and City/Provincial Division and City Superintendent of Schools and the Municipal
Treasurers with copies of the Resolution and cause the publication thereof in two (2) daily newspapers of general circulation.
Let the Deputy Executive Director for Operations implement this resolution.
SO ORDERED.
(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 |
The Lawphil Project - Arellano Law Foundation
