Republic of the Philippines
COMMISSION ON ELECTIONS
Manila
Resolution No. 6749 May 5, 2004
GENERAL INSTRUCTIONS FOR THE CANVASS OF VOTES AND PROCLAMATION OF THE RESULTS FOR SENATORS AND PARTY LIST IN THE MAY 10, 2004 NATIONAL AND LOCAL ELECTIONS
Promulgated: 05 May 2004
The Commission on Elections, pursuant to the powers vested in it by the Constitution, the Omnibus Election Code, Rep. Act No. 8436 and other pertinent election laws, RESOLVED to promulgate, as it hereby promulgates the following General Instructions for the Canvass of Votes and Proclamation of Results of the election for Senators and Party-list Representatives in the May 10, 2004 Elections.
Section 1. National board of canvassers; composition; functions; quorum. - The Chairman and Members of the Commission on Elections sitting en banc shall constitute the National Board of Canvassers for Senators and Party-list Representatives (hereinafter referred to as the NBC).
The NBC shall, on the basis of the Certificates of Canvass (COCs) with supporting Statement of Votes (SOVs) submitted by the Provincial/District/City Boards of Canvassers, and the Special Boards of Canvassers for Overseas and Local Absentee Voting, canvass the votes for Senators and Party-list Representatives. It shall proclaim the winning candidates for Senator, certify the results for Party-list System and proclaim the nominees who obtained the required percentage of votes pursuant to Republic Act No. 7941.
A majority of all the members of the NBC shall constitute a quorum and all questions shall be decided by a majority vote of the members present.
Section 2. Supervisory Committee: Composition, Duties and Functions. - The Supervisory Committee shall be composed of the following:
| 1. Executive Director | - | Chairman |
| 2. Deputy Executive Director for Operations | - | Member |
| 3. Deputy Executive Director for Administration | - | Member |
and perform the duties and functions, to wit:
A. Overall duties and functions
1. to supervise the following working groups:
A. Reception and Safekeeping
B. Secretariat
C. Canvassing Committee for Party-List
D. Tabulation
E. Encoding
F. Audit
G. Control and Releasing
H. Security
I. Legal Panel
J. Mass Media
K. Maintenance Group
2. to collate and safe keep all records pertinent to the NBC canvass except COC and SOV which should be the responsibility of the Reception and Safekeeping Group:
a. Stenographic Notes and Transcript of the Minutes of the Proceedings of NBC, and Sub-Committee on party-list;
b. Ensure that all objections raised in the course of the canvass are collated and brought to the attention of the NBC for ruling;
c. All pertinent records of the Tabulation group, Audit group and Releasing group, including printouts, tapes;
d. Daily records of COC’s received by the reception and safekeeping group;
e. Progress report on the results of the elections;
f. Approved printout of the day to day canvass results;
3. Certify the final printout of results as canvassed.
B. Chairman of the Supervisory Committee:
1. Attend all proceedings of the NBC during its canvass and during its executive sessions;
2. Prepare the Minutes of the canvass proceedings;
3. Prepare on behalf of the NBC, notices to all candidates for senator, political parties fielding candidates for Senator and Party-List of the place, date and time of the canvassing of the NBC and its resumptions;
4. Ensure that the Transcript of the Minutes of the canvass proceedings is released to him at the end of each day.
For this purpose there shall be pool of stenographers assigned during the canvass under the supervision of the Chairman, Supervisory Committee which shall immediately transcribe the Minutes of the proceedings per day of the NBC. The stenographers shall be stationed at the Canvassing Center.
Section 3. Working Groups: Composition; Duties and Functions. – The working groups, each headed by a department director or head of office, shall perform the following duties and functions, to wit:
A. Reception and Safekeeping Group shall:
1) Receive all envelopes containing the copies of the COC intended for the NBC;
2) Submit daily to the NBC a list of COC received; and
3) Act as custodian of the COC and its supporting SOVs.
B. Secretariat shall:
1) Receive the ballot boxes and their keys from the Reception and Safekeeping Group;
2) Submit envelopes containing COC to the NBC for the canvassing of votes;
3) Receive all pleadings and other documents properly presented, endorsing on each such document the date when it was filed, and furnishing each member of the NBC and the Legal Panel a copy thereof;
4) Keep al docket wherein it shall be entered in chronological order the cases;
5) Prepare the calendar cases;
a) for hearing;
b) for consultation/deliberation.
6) Assist in the hearing of the cases before the NBC;
7) Ensure that the Transcript of the proceedings/hearing of cases is released at the end of each day to the Legal Group, and Supervisory Committee and a copy appended to the calendar of the case. For this purpose, there shall be stenographers assigned which shall immediately transcribe the proceedings per case;
8) Issue Summons, Subpoena and other notices pertinent to the cases filed including notices of the orders and decisions/resolutions provided that copies of orders and decisions/resolutions be furnished the Legal Group and Supervisory Group.
C. Canvassing Committee for Party-List shall
1) Canvass the COC for Party-list as directed by the NBC; and
2) Perform such other duties as may be assigned by the NBC.
D. Tabulation Group shall:
Tabulate the votes obtained by each candidate for Senator and Party-list Representative.
E. Encoding Group shall:
Encode the votes received by each candidate for Senator and by each Party-list.
F. Audit Group shall:
1) Compare the votes of each candidate for Senator and Party-list as appearing in the printouts, tabulation sheets and the COC.
2) Immediately submit a written report and recommendation to the NBC for any error or discrepancy in the entry of votes.
G. Control and Releasing Group shall:
1) Provide progress reports on the results of the election for Senator and Party-list for posting in the tally board.
2) Reproduce sufficient copies of the approved printout of the day to day canvassed results for distribution to interested parties, upon payment of prescribed fees; and
H. Security Group shall:
1) Provide security and protection to election officials, personnel and deputies and the documents, paraphernalia and other records of the NBC;
2) Provide escorts and security to COMELEC officials who are submitting the COC from the airport or from the COMELEC Main Office to the venue of the national canvass; and
3) See to it that the authorized officials and personnel of the Commission, authorized watchers and representatives of accredited citizens arms, independent candidates, parties which fielded candidates for senator and party-list groups stay in the areas respectively reserved for them.
I. Legal Panel shall:
1) Assist the NBC in resolving legal issues brought before it; and
2) Perform such other functions as may be assigned by the NBC.
J. Media Group shall:
1) Release official printout results to mass media;
2) Arrange press conferences for the Chairman and Commissioners;
3) Supervise accredited media representatives; and
4) Perform such other functions as may be assigned by the NBC.
K. Maintenance Group shall:
Coordinate with the technical, maintenance, engineering and security staff of PICC to facilitate the early ingress of the personnel of the General Services Division, ASD, to expedite the installation of the necessary communication and power facilities, outdoor giant tally board, physical arrangements and other logistical and security requirements.
Section 4. Canvassing Committee for Party-List. - The canvassing Committee for Party-list shall canvass COC for Party-list as directed by the NBC.
Section 5. Convening of the NBC; Notice. - The NBC shall notify, on or before May 10, 2004, all candidates for Senators and Party-list representatives of the place, date and time of its convening. The proofs of service of notice shall be attached to the Minutes of the proceedings.
The NBC shall continuously meet from day to day and shall not adjourn until the canvass is completed but may declare recess from time to time to await the submission of COCs.
The canvassing by the NBC shall be open and public.
Section 6. Pre-proclamation cases not allowed. - Pre-proclamation controversies under Sections 233, 234, 235 and 236 of the Omnibus Election Code, and all matters in relation to the preparation, transmission, receipt, custody and appearance of the election returns are not allowed in the canvassing of votes for Senators and Party-list Representatives, except where there exists manifest discrepancies between the votes stated in the COC and the votes obtained by candidates or parties in the supporting SOV. In which case, the NBC shall refer the same to the Tabulation Group for re-computation. Order of correction of such error shall be in writing.
Section 7. Canvassing Procedure. – The following procedure shall be observed in the canvassing of votes for Senators and Party-list-Representatives:
The Receiving and Safekeeping Group shall:
1) Examine and record the condition and the serial numbers of the paper seals and envelopes containing the COC.
2) Deposit the envelopes in individual ballot boxes by region with three (3) padlocks and self-locking metal seals and store the ballot boxes in secured rooms. The keys to the ballot boxes shall be kept by the head and two members of the group. The ballot box containing the COC shall not be brought out of the room, where they are stored unless they are needed for canvassing or ordered otherwise by the Commission.
3) Deliver to the Secretariat the ballot boxes containing the envelopes of the COC.
The Secretariat shall:
1) Examine and read for the records the serial numbers of the ballot box/es and its self-locking metal seals containing the COC;
2) Upon authority by the NBC, break the self-locking metal seal and open the padlocks to the ballot box to retrieve the envelopes containing the COC in the presence of candidates, parties concerned or their watchers;
3) Examine and read for the record the condition and serial number of each envelope and corresponding paper seal;
4) Exhibit the envelope to the parties for examination;
5) Read into the record the serial number of the paper seal of the envelope;
6) Break open the paper seal of the envelope and retrieve the COC; and the supporting SOVs;
7) Break open the paper seals of the COC and SOVs, unfold the same and read into the record its serial numbers;
8) Exhibit the COC to the watchers and counsel present, and read for the record such fact in the Minutes;
9) Submit the COC to the NBC for canvass; and
10) Return the COC and other accompanying documents to the Receiving and Safekeeping group and read for the record such fact in the Minutes.1awphil.nęt
The NBC shall:
1) Examine the COC to determine its authenticity, due execution, and completeness by satisfying itself that:
a) The COC was executed, signed and thumbmarked by the chairman and members of the issuing board of canvassers and by the watchers of the six (6) accredited major political parties, if any;
b) The COC contains the names of the candidates for Senator and Party-list Representative and their corresponding votes in words and in figures;
c) There is no discrepancy in the votes of any candidate or party in the party-list system in words and figures in the same certificate; and
d) The erasure or alteration, if any, is duly initialed by the chairman and members of the corresponding board of canvassers.
2) When the COC appears to be incomplete, require the board of canvassers concerned to immediately submit by personal delivery but not later than two (2) days from receipt of the order in case of local board of canvassers and three (3) days in case of Special Board of Canvassers for overseas absentee voting, a Supplemental Certificate of Canvass of votes for the election returns or certificate of canvass not included in the city/district/provincial/overseas and local COC, as the case may be. For this purpose, the NBC shall provide the official forms to be used as supplemental COC;
3) If the COC is not authentic or duly executed the same shall be set aside and immediately refer to the Legal Panel for investigation and recommendation;
4) If the COC is authentic and duly executed, show/exhibit the COC to the counsels/watchers for their comment, observation or objections, if any;
5) If there are objections to the COC based on ground other than authenticity or due execution, rule on the objection; and
6) If there are no objections, or the objections are overruled, read the votes and thereafter forward the COC to the Tabulation Group.
The Tabulation Group shall:
1) Tabulate and sum up the votes of each candidate for Senator and Party-list in five (5) copies, using tabulation sheets;
2) Compare the entries in the tabulation sheets against those appearing in the COC;
3) Correct the tabulation sheets, when necessary;
4) Authenticate the tabulation sheets by signing over printed names and indicating date of tabulation;
5) Retain one (1) copy for its file; and
6) Forward the COC and four (4) copies of the tabulation sheets to the Encoding Group.
The Encoding Group shall:
1) Encode the votes received by each candidate for Senator and Party-list;
2) Verify the accuracy of the entries in the printout as against the COC and tabulation sheets;
3) Return the tabulation sheets to the Tabulation Group, if any error is noted;
4) Authenticate the printouts after verification by signing over printed name and indicating the date of encoding;
5) Generate in five (5) copies each, the printout of the results alphabetically by region, and another printout of the results according to rank;
6) Retain one copy of the printouts for its file; and
7) Forward four (4) copies of the printouts together with the three (3) copies of the tabulation sheets and the COC to the Audit Group.
The Audit Group shall:
1) Compare the votes of each candidate for Senator and Party-list as appearing in the printouts, tabulation sheets and COC;
2) Return the printouts to the Encoding Group for correction if any error or discrepancy is noted;
3) Authenticate the audited printout by signing over printed name and indicating the date of auditing;
4) Retain one set of the printout and tabulation sheets for its file; and
5) Forward the three (3) copies of the printout with the tabulation sheets and the COC to the Control and Releasing Group.
The Control and Releasing Group shall:
1) Route the three copies of the audited printouts to the Supervisory Committee for signatures of the members and the watchers of the six accredited major political parties, if available;
2) Retain a copy and hand-carry the other two copies to the Chairman of the Commission for approval;
3) Release one approved copy of the printout to the Education and Information Department for dissemination;
4) Reproduce sufficient copies of the approved printout for distribution to interested parties upon payment of prescribed fees;
5) Return the COC and their attachments to the Reception and Safekeeping Group for safekeeping;
6) Provide progress report on the results of the election for Senator and Party-list for posting in the Tally Board of the NBC; and
7) Submit to the Election Records and Statistics Department, the complete file of approved printouts of results for safekeeping.
Section 8. Watchers. - Each candidate and political party, organization or coalition thereof which fielded candidates for national positions, party in the party-list system and the accredited citizens’ arm may appoint two watchers to serve alternately to witness the canvass proceedings or to guard the storage rooms of the COCs and SOVs. Civic, religious, professional, business, service, youth and other similar organizations, with prior authority of the Commission, shall be entitled collectively to appoint a common watcher.
Section 9.Proclamation of results. – Upon completion of the canvass, the Supervisory Committee and the watchers if available shall certify the final printout of results as canvassed. On the basis of the certified final printout, the NBC shall cause the preparation of, sign and approve the Certificate of Canvass and Proclamation, and proclaim the winning candidates for senators, certify the results of the election of the party-list system and proclaim the nominees of the parties which obtained the required percentage of votes.
Notwithstanding the fact that not all of the COCs have been received or canvassed, the NBC may terminate the canvass if the missing COCs would no longer affect the results of the elections.
Section 10. Report. – The Supervisory Committee shall prepare a report in the form of a resolution on the result of the canvass to the President of the Philippines, the Senate President and the Speaker of the House. The said resolution shall be signed by the Chairman and Commissioners acting as the National Board of Canvassers.
Section 11. Effectivity. – This resolution shall take effect immediately after its publication in two (2) newspapers of general circulation.
Section 12. Publication and dissemination. – The Education and Information Department shall cause the publication of this resolution and shall furnish copies thereof to all candidates for Senators, all registered political parties, organizations or coalitions with official candidates for said office, accredited parties in the party-list system and the accredited citizens arm of the Commission.
(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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