COMELEC Resolution No. 8826

Republic of the Philippines
COMMISSION ON ELECTIONS
Manila

RESOLUTION No. 8826

SUPLEMENTAL PROCEDURES ON THE DELIVERY AND TRANSMITTAL OF THE PRINTED COPIES OF THE CERTIFICATE OF CANVASS INTENDED FOR THE COMMISSION ON ELECTIONS AND THE CONGRESS.

WHEREAS, printed copies of the certificates of canvass intended for the Commission on Elections and the Congress have to be delivered immediately after the canvass at the municipal/city/district or provincial level;

WHEREAS, there is a need to ensure that the abovementioned copies are delivered in time to the Commission on Elections and Congress;

NOW, THEREFORE, by virtue of the powers vested in it by the Constitution of the Republic of the Philippines, the Omnibus Election Code, Republic Act No. 9369, and other election laws, the Commission on Elections RESOLVED as it hereby RESOLVES to promulgate the following procedures for the delivery and transmittal of the printed copies of the certificates of canvass intended for the Commission on Elections and the Congress in connection with the May 10, 2010 national and local elections:

Section 1. Delivery and distribution by the MBOC/CBOCs of the printed copies of the municipal/city certificates of canvass intended for the Commission on Elections and Congress. – The boards shall deliver to the Election Officer concerned the envelopes containing the printed copies of the municipal/city certificates of canvass intended for the following:

a. Commission on Elections; and

b. Congress, directed to the President of the Senate.

The envelope containing the printed copy of the municipal/city certificate of canvass intended for the provincial board of canvassers shall be delivered to the Reception and Custody Group of said board, except in the case of the National Capital Region wherein the envelopes shall be delivered to the Regional Election Director thereof.

The envelope containing the printed copies of the municipal/city certificates of canvass intended for the other parties or organizations shall be given in the canvassing venue to the representatives of said parties or organizations who have been authorized by the said parties or organizations. If there are no party or organization representatives in the canvassing venue, the copy shall be delivered to the Election Officer concerned who shall take custody and safe-keep said documents.

Section 2. Delivery and transmittal by the election officer of the printed copy of the municipal/city certificates of canvass. – The Election Officer shall segregate the envelopes containing the printed copies of the municipal/city certificates of canvass intended for the Commission on Elections and Congress, and deposit them in ballot boxes. Thereafter, the Election Officer shall lock each ballot box with three padlocks, and deliver the ballot boxes and their keys to the body or offices concerned with sufficient security escort from either the PNP or AFP and watchers of political parties, candidates, and the accredited citizens arm, as follows:

a. In the Metro Manila area:

The ballot boxes, and their keys, bearing the envelopes containing the printed copies of the certificates of canvass intended for the Commission, the Congress and to the Provincial Board of Canvassers, shall be delivered to the Regional Election Director of the National Capital Region (NCR). The NCR Regional Election Director shall, in turn, transmit the ballot boxes for the Commission and to the Congress, together with their keys, to the corresponding offices. The ballot boxes intended for the provincial board of canvassers, with their keys, shall be kept by the NCR Regional Election Director.

b. In areas outside Metro Manila area:

The ballot boxes, and their keys, bearing the envelopes containing the printed copies of the municipal/city certificates of canvass intended for the Congress and the Commission shall be submitted by the Election Officer concerned, to the Office of the Provincial Election Supervisor, using the fastest means available, not later than twelve o’clock noon on May 12, 2010.

If within six hours of the first delivery, not all of the certificates of canvass from the city or municipality have been submitted, the Election Officer shall undertake another delivery of the remaining copies of the certificates of canvass to the Office of the Provincial Election Supervisor.

In all instances, the Election Officer shall observe and comply with the above procedure of delivering said copies of the certificates of canvass of intervals of six hours or shorter when possible until all the certificates of canvass in his jurisdiction are delivered to the Office of the Provincial Election Supervisor at the earliest possible time, but not later than May 12, 2010.

Section 3. Delivery of the transmittal by the provincial election supervisor of the printed copy of the municipal/city certificates of canvass. – The Office of the Provincial Election Supervisor shall receive the printed copies of the municipal/city certificates of canvass delivered by the election officers of the cities/municipalities of the province, and issue proper receipt therefore.

For the purposes of delivering the printed copies of the municipal/city certificates of canvass intended for the Congress and the Commission, the Provincial Election Supervisor shall designate a senior and able election assistant to submit the same to the Office of the Senate President and to the Election Records and Statistics Department of the Commission, respectively, within twelve hours from the first delivery, using the fastest means of transportation. Copies of the certificates of canvass which are received after the departure of said personnel shall be delivered to the Congress and to the Commission by other responsible personnel in the Office of the Provincial Election Supervisor within twelve hours from the first delivery.

In all instances, the Provincial Election Supervisor shall see to it that the above procedure of delivering copies of the certificates of canvass at intervals of twelve hours or shorter when possible is faithfully complied with the end that all copies of the certificates of canvass for Congress and the Commission are delivered not later than May 15, 2010. In every case, delivery shall be undertaken with sufficient security escort and watchers of candidates, parties, organizations or coalition thereof.

Section 4. Delivery and distribution of the printed copies of the certificates of canvass prepared by the PBOC and CBOC of cities comprising one or more legislative districts that are not voting for provincial officials or the DBOC – The chairman of the boards concerned shall segregate the envelopes containing the printed copies of the certificates of canvass prepared by the PBOC or city certificates of canvass prepared by the CBOC of cities comprising one or more legislative districts that are not voting for provincial officials or the district certificates of canvass prepared by the DBOC that are intended for the Commission on Elections and the Congress, and deposit them in separate ballot boxes. Thereafter, the chairman of the boards shall lock each ballot box with three padlocks, and immediately after the canvass, personally deliver the ballot boxes and their keys to the Senate in the case of the copy for Congress, and to the Philippine International Convention Center (PICC) or in such place where the National Board of Canvassers for Senators and party-list will conduct the canvass, with sufficient security escort from either the PNP or AFP.1awph!1

The envelope containing the printed copies of the certificates of canvass intended for the other parties or organizations shall be given in the canvassing venue to the representatives of said parties or organizations who have been authorized by said parties or organizations. If there are no party or organization representatives in the canvassing venue, the copy shall be delivered to the provincial election supervisor or election officer concerned who shall take custody and safe-keep said document.

Section 5. Effectivity – This Resolution shall take effect on the seventh (7th) day after its publication in two (2) newspapers of general circulation in the Philippines.

Section 6. Publication and dissemination. – The Education and Information Department (EID) of the Commission on Elections shall cause the publication of this Resolution in two (2) daily newspapers of general circulation in the Philippines, and immediately furnish copies thereof to all election officers, provincial election supervisors, regional election directors, the Department of Education, the Philippine National Police, and the Armed Forces of the Philippines.

SO ORDERED.

(Sgd.)JOSE A.R. MELO
Chairman

(Sgd.)RENE V. SARMIENTO
Commissioner (Sgd.)NICODEMO T. FERRER
Commissioner
(Sgd.)LUCENITO N. TAGLE
Commissioner (Sgd.)ARMANDO C. VELASCO
Commissioner
On Official Leave
ELIAS R. YUSOPH
Commissioner (Sgd.)GREGORIO Y. LARRAZABAL
Commissioner

Source: PDI, April 27, 2010 The Lawphil Project - Arellano Law Foundation