COMELEC RESOLUTION NO.

3848 GENERAL INSTRUCTIONS FOR MUNICIPAL/CITY/PROVINCIAL AND DISTRICT BOARDS OF CANVASSERS IN CONNECTION WITH THE MAY 14, 2001 NATIONAL AND LOCAL ELECTIONS. The Commission on Elections pursuant to the powers vested in it by the Constitution, the Omnibus Election Code, and other pertinent election laws, has resolved to promulgate, as it hereby promulgates, the following instructions for the Municipal, City, District and Provincial Boards of Canvassers in connection with the May 14, 2001 national and local elections. Section 1. Board of Canvassers. - There shall be a Board of Canvassers (hereinafter referred to as Board) in each municipality, city, province and legislative district in Metro Manila. For newly created political subdivisions, the Commission on Elections (hereinafter referred to as Comelec) shall constitute a Board and appoint the members thereof in case the officials who shall act as Board members have not yet assumed their duties and functions. Sec. 2. Supervision and control. - The Comelec shall exercise direct supervision and control over all Boards and may motu proprio relieve at any time any member thereof for a cause and designate the substitute. I. COMPOSITION OF THE BOARDS OF CANVASSERS Sec. 3. Municipal Board of Canvassers. - The Municipal Board of Canvassers shall be composed of the Election Officer or a representative of the Comelec, as Chairman; the Municipal Treasurer, as ViceChairman; and the District School Supervisor, or in his absence, the most senior Principal of the school district, as Member. Sec. 4. City Board of Canvassers. - The City Board of Canvassers shall be composed of the city Election Officer or a lawyer of the Comelec, as Chairman; the City Prosecutor, as Vice-Chairman; and the Division Superintendent of Schools, as Member. In cities with more than one Election Officer, the Comelec shall designate the Election Officer to act as Chairman. Sec. 5. Provincial Board of Canvassers. - The Provincial Board of Canvassers shall be composed of the Provincial Election Supervisor or a lawyer of the Comelec, as Chairman; the Provincial Prosecutor, as Vice-Chairman; and the Division Superintendent of Schools, as Member. Sec. 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 Comelec, as Chairman; a ranking Prosecutor in the district to be appointed by the Comelec in consultation with the Secretary of the Department of Justice, as Vice-Chairman; and the most senior District School Supervisor in the district to be appointed by the Comelec in consultation with Secretary of the Department of Education, Culture and Sports, as Member.

Sec. 7. Substitution of chairman and members of the Board. - In case of non-availability, absence, disqualification due to relationship, or incapacity for any cause of a Chairman who is required to be a lawyer, a ranking lawyer of the Comelec shall be appointed as substitute. With respect to the other members of the Board, the Comelec shall appoint as substitute the following in the order named:chanroblesvirtuallawlibrary A. In the case of the Provincial Board of Canvassers:chanroblesvirtuallawlibrary 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. B. In the case of the City Board of Canvassers:chanroblesvirtuallawlibrary The officials in the city corresponding to those enumerated above. C. In the case of the Municipal Board of Canvassers:chanroblesvirtuallawlibrary The Municipal Administrator, the Municipal Assessor, the Clerk of Court of the Municipal Trial Court, or any other available appointive municipal officials. As substitute of the two members of the District Board of Canvassers of the legislative districts in Metro Manila, the Comelec shall, in consultation with the Secretaries of the Departments mentioned in Sec. 6 hereof, appoint the next ranking prosecutor or district supervisor, as the case may be, in the district. The authority to appoint substitute members of the Boards shall be vested in the following:chanroblesvirtuallawlibrary a. Regional Election Director for the Provincial Board of Canvassers in his region; b. Provincial Election Supervisor for the City Board of Canvassers and Municipal Board of Canvassers in his province; and c. Regional Election Director of the National Capital Region for the District Board of Canvassers/Municipal Board of Canvassers/City Board of Canvassers. Sec. 8. Secretary of the Board. - The representative of the Department of Education, Culture and Sports shall act as Secretary of the Board, unless otherwise ordered by the Comelec. He shall prepare the minutes of the Board by recording therein the proceedings and such other incidents or matters relevant to the canvass. II. COMMON PROVISIONS

Sec. 9. Notice of meetings of the Board. - Not later than May 9, 2001, the Chairman of the Board shall give written notice to all members thereof and to each candidate, political party or coalition of political parties fielding candidates (hereinafter referred to as political party), and party, organization/coalition participating under the party-list system (hereinafter referred to as party-list groups) of the date, time and place of the canvassing, which shall be held, unless otherwise ordered by the Comelec, in the session hall of the Sangguniang Panlalawigan/Panlungsod/Bayan. Notices of the canvassing shall be posted in the offices 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 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 minute of the proceedings. 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. Sec. 10. Convening of the Board. - The Board shall meet at 6:00 oclock in the evening of election day at the designated place to receive the Election Returns or the Certificate 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/Certificate of Canvass. The proceedings of the Board shall be open and public. Sec. 11. Absence of a regular Board member. - In case a regular member of the Board is 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 Board. As soon as the absent member appears, the substitute member shall relinquish his seat in favor of the regular member. Sec. 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 each other or to any of the candidates whose votes will be canvassed by said Board. Sec. 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 Boards 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 Provincial Election Supervisor in case of City/Municipal Board of Canvassers; and the Regional Election Director in case of Provincial/District Board of Canvassers. In either case, a written report shall be submitted to the Law Department.

Sec. 14. Feigned illness. - Any member of the Board feigning illness in order to be substituted on election day until the proclamation of the winning candidates shall be guilty of an election offense. Sec. 15. 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, a substitute shall be appointed. Said medical certificate shall be recorded in and form part of the minutes of the Board. Sec. 17. Powers 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 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 in writing a peace officer/soldier to take such person into custody until adjournment of the meeting. In the absence of any peace officer, any other competent and able person deputized by the Board in writing, may execute such order. Sec. 18. Right to be present and to counsel during the canvass. - Every registered political party and party-list group, through their representatives, and every candidate has the right to be present and to counsel during the canvass of the Election Returns or Certificate of Canvass: Provided, That only one counsel may argue for each party or candidate. They shall have the right to examine the Election Returns or Certificate of Canvass being canvassed without touching them, make observations thereon, and file their challenges in accordance with the rules and regulations of the Comelec. The Board shall not allow any dilatory action. Sec. 19. Watchers. - Each registered political party fielding candidates, party-list group and candidate shall be entitled to one watcher in every canvassing center. Candidates for the Sangguniang Panlalawigan, Sangguniang Panlungsod, or Sangguniang Bayan belonging to the same slate or ticket shall collectively be entitled to only one watcher. The citizens arm of the Comelec, and civic, religious, professional, business, service, youth and other similar organizations shall collectively, with prior authority of the Comelec, be entitled to two (2) watchers to serve alternately. A person convicted by final judgment of any election offense or of any other crime or related to any member of the 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:chanroblesvirtuallawlibrary 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/Certificate of Canvass without touching said documents; and

c. 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 deliberation of the Board. Sec. 20. Persons not allowed inside the canvassing room. - During the canvass, 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:chanroblesvirtuallawlibrary a. Any officer or member of the Armed Forces of the Philippines; b. Any officer or member of the Philippine National Police; c. Any peace officer or any armed or unarmed persons belonging to an extra-legal police agency, special forces, strike forces, or civilian armed forces geographical units; d. Any barangay tanod or any member of barangay self-defense units; e. 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 f. Any member of a privately owned or operated security, investigative, protective or intelligence agency performing identical or similar functions. However, the Board may, whenever necessary, by majority vote 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. Sec. 21. Safekeeping of transmitted Election Returns or Certificate of Canvass. - The Board shall place the Election Returns/Certificate of Canvass in ballot boxes that shall be locked with three padlocks and one serially numbered self-locking metal seal. The members of the Board shall each keep a key to the three padlocks. The serial number of every metal seal used 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 room shall be locked with three padlocks with the keys thereof kept by each member of the Board. The watchers shall have the right to guard the room. Sec. 22. Canvassing committees. - The City Board of Canvassers and Municipal Board of Canvassers 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 Canvassing Committee shall be composed of three members, consisting of one (1) representative of each member of the Board. All the candidates shall be notified in writing of the number of Canvassing Committees to be constituted so that

they can designate their watchers in each committee. The Canvassing Committees shall be under the direct supervision and control by the Board. The names of the members of each canvassing 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 casual employees or employees of the Offices of the Provincial Governor, City/Municipal Mayor, Punong Barangay, or the corresponding Sanggunians be appointed/designated to serve as a member of the Canvassing Committees. Sec. 23. Reception and Custody Group. - The City Board of Canvassers and Municipal Board of Canvassers shall constitute a Reception and Custody Group for the reception and safekeeping of Election Returns. For this purpose, the Election Officer shall provide the Reception and Custody Group with the Project of Precincts of the city/municipality. The Reception and Custody Group shall determine which of the Election Returns of the precincts listed in the Project of Precincts have already been submitted, or which are yet to be submitted by the Boards of Election Inspectors, to the end that the Election Returns from one precinct is canvassed only once. The Reception and Custody Group shall maintain a record showing the:chanroblesvirtuallawlibrary 1. Time and date of receipt; 2. Corresponding precinct number of the Election Returns; 3. Serial number of the envelope and paper seal; and 4. Condition of the envelope and paper seal. The Reception and Custody Group shall submit to the Election Officer a list of the precincts, the Election Returns of which have not yet been submitted to enable the latter to obtain the Election Returns in accordance with Sec. 27 hereof. In no case shall casual employees or employees of the Offices of the Provincial Governor, City/Municipal Mayor, Punong Barangay, or the corresponding Sanggunians be appointed/designated to serve as a member of the Reception and Custody Group. Sec. 24. Tabulation group. - The Board shall constitute a Tabulation Group, which shall be under the direct supervision and control of the Board. The Tabulation Group shall be composed of two members and the Board may constitute as many Tabulation Groups as may be necessary at the rate of one Tabulation Group per Canvassing Committee. The Tabulation Group shall compute the sub-total of the Statement of Votes prepared by the Board and/or the Canvassing Committee, if any. The names of each tabulator in the Tabulation Group and the Statement of Votes assigned to them for tabulation shall be properly recorded in the minutes of the proceedings.

In no case shall casual employees or employees of the Offices of the Provincial Governor, City/Municipal Mayor, Punong Barangay, or their corresponding Sanggunians be appointed/designated to serve as member of the Tabulation Group. Sec. 25. Canvassing procedure. - The Board shall comply with the following rules:chanroblesvirtuallawlibrary a. The Board shall, through its Reception and Custody Group, receive the Election Returns/Certificate of Canvass and maintain a log of all Election Returns/Certificate of Canvass received and canvassed.

b. The Reception and Custody Group shall, after recording all the data required under Sec. 23 hereof, place all envelopes containing Election Returns/Certificate of Canvass received by it inside an empty ballot box. When the ballot box is already full or when there is no more Election Returns/Certificate of Canvass to be received, the Reception and Custody Group shall close the ballot box and lock the same with padlock and metal seal. The Reception and Custody Group shall submit the locked ballot box to the Board, for assignment to the Canvassing Committee, if any, together with the list of precinct numbers or city/municipality of the Election Returns/Certificate of Canvass contained therein. For this purpose, the Reception and Custody Group shall maintain a record of the Election Returns/Certificate of Canvass submitted to the Board. c. Upon receipt of the ballot box containing the Election Returns/Certificate of Canvass, the Board shall examine the condition of the ballot box and the metal seal. The secretary shall record in its Minutes the condition and serial numbers of the ballot box and the metal seal. d. The Board shall open the ballot box to ascertain that the precinct numbers or cities/municipalities indicated in the envelopes being retrieved correspond to the list submitted by the Reception and Custody Group. e. The secretary shall record in its Minutes the quantity of envelopes received and their condition and serial numbers; the condition and serial numbers of the paper seal, and their corresponding precinct numbers, in case of Election Returns, or the city or municipality, in case of Certificate of Canvass. f. The Board shall assign to the Canvassing Committee, if any, the Election Returns/Certificate of Canvass. It shall likewise provide the Canvassing Committee with a blank Statement of Votes By Precinct (CEF No. 20-A) and enter in the Minutes the serial numbers of the Election Returns/Certificate of Canvass/Statement of Votes so assigned/provided and to which Canvassing Committee they were assigned. g. Before opening each envelope, the Board or Canvassing Committee shall exhibit the same to the counsel and watchers present.

h. After the envelope is opened, the Board or Canvassing Committee shall retrieve the Election Returns/Certificate of Canvass and exhibit the same to the counsel and watchers present. i. The Board or Canvassing Committee shall examine the condition of the inner paper seal and the secretary shall record in the Minutes the condition and serial number of the paper seal. j. The Board or Canvassing Committee shall break open the inner seal, unfold the Election Returns/Certificate of Canvass and exhibit the same to the counsel and watchers present. k. The secretary shall record in the Minutes the condition and serial number of the Election Returns/Certificate of Canvass. l. If there is no objection to the inclusion in the canvass of the Election Returns/Certificate of Canvass, the Board, or the Canvassing Committee, shall proceed to canvass the Election Returns/Certificate of Canvass by entering in the Statement of Votes, the votes obtained by each candidate as they are read. For purposes of preparing the Statement of Votes, the Board or Canvassing Committee shall divide the seven (7) copies of the Statement of Votes between the Vice-Chairman (4 copies) and Secretary (3 copies) who shall accomplish the same simultaneously as the Chairman reads the votes.

For purposes of preparing the Statement of Votes, the following terms are used: 1. Sub-total sum of all votes obtained by each candidate when all the columns of a set of Statement of Votes are filled. The sub-total shall be recorded in the last column indicated in the Statement of Votes. 2. Page partial total sum of votes obtained by each candidate appearing in one page of the Statement of Votes, 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/Certificate of Canvass have been canvassed, and the columns of the page of the Statement of Votes are not filled, the page partial total shall be considered as the subtotal. 3. 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 Statement of Votes. 4. Summary of Votes listing of all sub-totals reflected in each set of Statement of Votes. This shall be recorded in a separate set of Statement of Votes by entering in each column the sub-totals per seat of Statement of Votes. 5. Grant total sum of all sub-totals of votes obtained by each candidate as listed in the summary of votes. m. Immediately after the Election Returns/Certificate of Canvass has been canvassed, the Chairman of the Board or Canvassing Committee 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/Certificate of Canvass shall be returned to its envelope. n. After all the columns of the Statement of Votes are filled, or there is no more Election Returns/Certificate of Canvass to be canvassed:chanroblesvirtuallawlibrary 1. The Vice-Chairman and Secretary of the Board or Canvassing Committee shall compare the entries contained in their respective copies. If there are discrepancies in the entries, they shall refer to the corresponding Election Returns/Certificate of Canvass and make the necessary correction/s on the Statement of Votes. 2. The Board shall affix their signatures above their printed names on the Statement of Votes. Thereafter, the Board shall forward to the Tabulation Group the Statement of Votes, together with the canvassed Election Returns/Certificate of Canvass. 3. In the case of Canvassing Committees:chanroblesvirtuallawlibrary i. The members thereof shall print their names on the Statement of Votes below the space intended for the names and signatures of the members of the Board they are representing. ii. After the members of the Canvassing Committee have affixed their signatures above their printed names, they shall submit to the Board the Statement of Votes they prepared, together with the canvassed Election Returns/Certificate of Canvass. iii. The Board, upon receipt of the Statement of Votes prepared by the Canvassing Committee, shall forward the same to the Tabulation Group, together with the Election Returns/Certificate of Canvass. o. Upon receipt of the Statement of Votes and Election Returns/Certificate of Canvass, the Tabulation Group shall: 1. Using an adding machine with tape, add all the entries in each column of the Statement of Votes prepared by the Board or Canvassing Committee, as the case may be; 2. Verify the accuracy of the entries in the adding machine tape as against the entries in the Statement of Votes. If the entries are the same, enter the sub-total in the space provided. If the entries are not the same, make the necessary corrections, re-compute as provided in Item 1 above, and enter the correct sub-total in the space provided; 3. Authenticate the adding machine tape by affixing their signatures above their printed names at the back thereof, and attach the same to the Statement of Votes; 4. Affix their signatures above their printed names, and imprint their thumbmarks on the certification portion of the Statement of Votes; and 5. Forward to the Board the signed Statement of Votes together with the canvassed Election Returns/Certificate of Canvass.

p. Upon receipt from the Tabulation Group of the Statement of Votes and Election Returns/Certificate of Canvass, the Board shall: 1. Inform the watchers present that the Board will commence the preparation of the summary of votes obtained by each candidate; 2. Using another set of Statement of Votes, prepare the summary of the votes by entering therein: i. The serial number of the Statement of Votes containing the sub-total; and ii. All the sub-totals for each candidate contained in the Statement of Votes prepared by the Canvassing Committee and tabulated by the Tabulation Group; 3. After all the columns have been filled or there is no more Statement of Votes to be received, affix their signatures above their printed names and imprint their thumbmarks on the certification portion of the Statement of Votes prepared by the Canvassing Committee and tabulated by the Tabulation Group; 4. Place, in the presence of the watchers, if any, the Statement of Votes prepared by the Canvassing Committee inside a ballot box; 5. Place, in the presence of watchers, if any, the canvassed Election Returns/Certificate of Canvass inside a separate ballot box. When the ballot box is already full or if there is no more Election Returns/Certificate of Canvass to be placed inside, it shall be closed and locked with three padlocks and metal seal. The keys corresponding to the padlocks shall each be kept by the members of the Board. The locked ballot box shall be kept and preserved in a secured room under the custody of the Chairman of the Board; and 6. Follow the above procedure until all the Election Returns/Certificate of Canvass have been canvassed and the sub-totals have been entered in the summary of votes.

q. After the summary of votes has been completed, the Board shall forward the same to the Tabulation Group. r. Upon receipt of the summary of votes, the Tabulation Group shall:chanroblesvirtuallawlibrary 1. Compute the grand total by adding all the sub-totals; 2. Record the grand total of votes obtained by each candidate; 3. Accomplish the certification portion by affixing their signatures above their printed names and imprinting their thumbmarks thereon; and 4. Forward the summary of votes to the Board. s. Upon receipt of the summary of votes, the Board shall:chanroblesvirtuallawlibrary

1. Verify the accuracy of the computation made by the Tabulation Group; 2. If the computation is accurate, affix their signatures above their printed names, imprint their thumbmarks on the certification portion of the Statement of Votes received from the Tabulation Group. If the computation is not accurate, return the Statement of Votes to the Tabulation Group for recomputation; 3. Prepare a certificate of canvass, and thereafter affix their signatures and thumbmark on the certification portion thereof; 4. Require the watchers, if any, to affix their signatures and thumbmarks on the Certificate of Canvass; and

5. Distribute the Certificate of Canvass, together with the corresponding Statement of Votes retrieved from the ballot box mentioned in Item (p) (5) above, as well as the summary of votes, in the manner prescribed hereunder. If there is an objection to the inclusion of the Election Returns/Certificate of Canvass in the canvass, the Board shall determine whether the grounds for the objection is among those enumerated under Secs. 234, 235, 236 and 243 of the Omnibus Election Code. In the case of a Canvassing Committee, the objection, including the Election Returns/Certificate of Canvass, shall be forwarded to the Board for ruling. t. If the ground for objection is not among those enumerated under Secs. 234, 235, 236 and 243 of the Omnibus Election Code, the Board shall rule to include the Election Returns/Certificate of Canvass and proceed to canvass the same, or return the questioned Election Returns/Certificate of Canvass to the Canvassing Committee for canvass. u. If the objection to the inclusion of the Election Returns/Certificate of Canvass in the canvass is among those enumerated under Secs. 234, 235, 236 and 243 of the Omnibus Election Code, the Board shall rule to:chanroblesvirtuallawlibrary

1. Canvass the votes for Senator, Member of the House of Representatives and Party-List; and 2. Defer the canvass of votes for local positions. v. If the objection is on the basis of manifest error:chanroblesvirtuallawlibrary 1. The Election Returns shall be set aside; and 2. Proceed in the canvassing of other Election Returns following the procedures provided in Sec. 34 hereof.

Sec. 26. Adjournment/suspension of canvass. - A. In case of adjournment or suspension of canvass:chanroblesvirtuallawlibrary a. When the columns of the Statement of Votes are:chanroblesvirtuallawlibrary

1. Not all filled, the Board or Canvassing Committee, as the case may be, shall indicate the page partial total of votes obtained by each candidate and close the same by affixing their initials. The Statement of Votes shall be placed in the ballot box provided in Item (c) hereunder; 2. Filled, the tabulator shall indicate the sub-total as provided under Item (p) of the immediately preceding Section. b. A provisional total shall be made available to mass media and other interested parties. c. The remaining unopened envelopes and Statement of Votes containing the page partial total shall be placed in the ballot box provided for the purpose which shall be locked with three padlocks and selflocking metal seals. The members of the Board shall keep the keys to each padlock. d. The serial number of the metal seal and the quantity of the remaining unopened envelopes shall be recorded in the minutes. B. Upon resumption of the canvass:chanroblesvirtuallawlibrary a. The secretary of the Board shall verify and enter in the minutes the condition of the three padlocks and the metal seal, as well as its serial number. b. The Board shall then, in the presence of the watchers, open the ballot box, retrieve the partially filled Statement of Votes and the unopened envelopes containing the Election Returns/Certificate of Canvass not yet canvassed, and proceed with the canvass until all Election Returns/Certificate of Canvass are canvassed. In accomplishing the Certificate of Canvass, the Statement of Votes and other forms, all the members of the Board, the Canvassing Committee, including the tabulation group, shall see to it that the impression on the first copy of the set is recorded on each and every page thereof. Sec. 27. When the Election Returns/Certificate of Canvass are delayed, lost or destroyed. - In case its copy of the Election Returns/Certificate of Canvass is missing, the Board shall, by authorized messenger, immediately obtain the same from the board of election inspectors or board of canvassers concerned, or if the said Election Returns/Certificate of Canvass has been lost or destroyed, the Board, upon prior authority of the Comelec, may use any of the authentic copies thereof or a certified copy of said Election Returns/Certificate of Canvass issued by the Comelec, and forthwith direct its representative to investigate the case and immediately report the matter to the Comelec.

The Board, notwithstanding the fact that not all the Election Returns/Certificate of Canvass have been received by it, may terminate the canvass and proclaim the candidates elected on the basis of the available Election Returns/Certificate of Canvass if the missing Election Returns/Certificate of Canvass will not affect the results of the election, as can be determined from the number of registered voters. Sec. 28. Material defects in the Election Returns/Certificate of Canvass. - If it should clearly appear that some requisite in form or data have been omitted in the Election Returns/Certificate of Canvass, the Board shall call for all the members of the Board concerned by the most expeditious means to effect the corrections: Provided, That in case of the omission in the Election Returns/Certificate of Canvass of the name of any candidate and/or his corresponding votes, the Board shall require the Board concerned to complete the necessary data in the Election Returns/Certificate of Canvass and affix therein their initials: Provided, further That if the votes omitted in the Election Returns/Certificate of Canvass cannot be ascertained by other means except by recounting the ballots, the Election Returns/Certificate of Canvass shall be set aside and such fact shall be reported to the Comelec which shall proceed as provided in Sec. 234 of the Omnibus Election Code. Sec. 29. When Election Returns/Certificate of Canvass appear to be tampered with or falsified. - If the Election Returns/Certificate of Canvass submitted to the Board appear to be tampered with, altered or falsified after they have left the hands of the board of election inspectors or Board concerned or otherwise not authentic, or were prepared under duress, force, intimidation, or prepared by persons other than the members of the board of election inspectors or Board concerned, the Board shall use the other copies of said Election Returns/Certificate of Canvass. If necessary, the copy of the Election Returns inside the ballot box which upon previous authority given by the Comelec may be retrieved in accordance with Sec. 220 of the Omnibus Election Code. If the other copies of the Election Returns/Certificate of Canvass are likewise tampered with, altered, falsified, not authentic, prepared under duress, force or intimidation, or prepared by persons other than the members of the Board, the Board of Canvassers or any candidate affected shall bring the matter to the attention of the Comelec which shall proceed as provided in Sec. 235 of the Omnibus Election Code. Sec. 30. Discrepancies in Election Returns/Certificate of Canvass. - In case it appears to the Board that there exists discrepancies in the other authentic copies of the Election Returns/Certificate of Canvass from a polling place or discrepancies in the votes of any candidate in words and figures in the same Election Returns/Certificate of Canvass an in either case they affect the results of the election, the Board shall not canvass the Election Returns/Certificate of Canvass and shall submit the matter to the Comelec which shall proceed as provided in Sec. 236 of the Omnibus Election Code. In case there exists discrepancies in the votes of any candidate in tally (tara) as against the votes obtained in words or in figures in the same Election Returns, the votes in the tally (tara) shall prevail. Sec. 31. Canvass to be completed at earliest possible time. - Subject to reasonable exceptions, the Board 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.

Sec. 32. Submission of the minutes of the proceedings of the Board. - Within forty-eight (48) hours from the termination of canvass, the secretary of the Board shall submit to the Law Department of the Comelec 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 Sec. 33. Pre-proclamation cases not allowed in the election for Senator, Member of the House of Representatives and Party-List. - For purposes of the elections for 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/Certificate of Canvass, as the case may be. 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 Return/Certificate of Canvass before it. Any objection on the Election Returns/Certificate of Canvass shall be specifically noted in the minutes of the Board. Sec. 34. Manifest error. - (a) Where it is clearly shown before proclamation that manifest errors were committed in the tabulation or tallying of election returns, or certificates of canvass, during the canvassing, the Board may motu proprio, or upon verified petition by any candidate, political party, organization or coalition of political parties, after due notice and hearing, correct the errors committed. There is manifest error in the tabulation or tallying of the results during the canvassing where:chanroblesvirtuallawlibrary 1. A copy of the Election Returns/Certificate of Canvass was tabulated more than one; 2. Two or more copies of the Election Returns of one precinct, or two or more copies of Certificate of Canvass of one city or municipality were tabulated; 3. There was a mistake in the copying of the figures from the Election Return/Certificate of Canvass into Statement of Votes; 4. Election Returns from non-existent precincts were included in the canvass; 5. Election Returns from precincts of one district were included in the canvass for another district; or 6. 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 complied with: 1. The order for correction must be in writing and promulgated.

2. Any candidate, political party, or organization or coalition of political parties aggrieved by said order may appeal the same to the Commission within twenty-four (24) hours from the promulgation. 3. Once an appeal is made, the Board shall not proclaim the winning candidates, unless the votes are not affected by the appeal. 4. The appeal must implead as respondents the board of canvassers concerned and all parties that may be adversely affected. 5. Upon receipt of the appeal, the Clerk of Court concerned shall forthwith issue summons together with the copy of the appeal to the respondent. 6. The Clerk of Court concerned shall immediately set the appeal for hearing. 7. The appeal shall be heard and immediately decided by the Commission en banc. Sec. 35. Pre-proclamation cases involving provincial, city and municipal offices. - Pre-proclamation cases involving provincial, city and municipal offices are allowed. Sec. 36. Issues that may be raised in pre-proclamation controversy. - The following shall be proper issues that may be raised in a pre-proclamation controversy:chanroblesvirtuallawlibrary 1. Illegal composition or proceedings of the Board; 2. 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 Election Returns/Certificates of Canvass or in other authentic copies thereof as mentioned in Sections 233, 234, 235, 236 and 243 of the Omnibus Election Code; 3. The Election Returns/Certificates of Canvass were prepared under duress, threats, coercion or intimidation, or they are obviously manufactured or not authentic; and 4. 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. Sec. 37. Pre-proclamation controversies: How commenced. - Questions affecting the composition or proceedings of the Boards may be initiated in the Board or directly with the Comelec. However, matters raised under Sections 233, 234, 235, 236 and 243 of the Omnibus Election Code in relation to the preparation, transmission, receipt, custody and appreciation of the Election Returns/Certificate of Canvass shall be brought in the first instance before the Board only. Sec. 38. Procedure in the disposition of contested Election Returns and Certificate of Canvass. - The following procedure is mandatory and shall be strictly observed by the Boards:chanroblesvirtuallawlibrary 1. Any candidate, political party or coalition of political parties contesting the inclusion or exclusion in the canvass of any Election Returns/Certificate of Canvass on any of the grounds authorized under Secs.

234, 235, 236 and 243 of the Omnibus Election Code shall submit their oral objections to the Chairman of the Board at the time the questioned Election Returns/Certificate of Canvass is presented for inclusion in the canvass. Such objection shall be recorded in the minutes of the canvass.

2. Simultaneous with the oral objection, the objecting party shall submit his objections in the form prescribed by the Comelec. Within twenty-four (24) hours from 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, any party may file a written and verified opposition to the objection in the form prescribed by the Comelec attaching thereto supporting evidence, if any. The Board shall not entertain any objection or opposition unless reduced to writing in the prescribed form. The Chairman shall immediately and formally admit the said evidence to the records of the Board by affixing his signature at the back of each and every page thereof.

3. Upon receipt of the written objection, the Board shall indicate the date and time or receipt thereof and automatically defer the canvass of the contested Election Returns/Certificate of Canvas for local positions. The Board shall, however, proceed to canvass, or assign to the Canvassing Committee for canvass, the votes for Senators, Members of the House of Representatives and Party-List in accordance with Sec. 25 hereof. With respect to the provincial/city/municipal offices, the votes shall be tallied temporarily in a separate Statement of Votes properly labeled as "Temporary Tally," which shall be signed by the Board and watchers present.

4. Upon receipt of the evidence, the Board shall take up the contested Election Returns/Certificate of Canvass, consider the written objections and oppositions thereto, if any, and summarily and immediately rule thereon. The Board shall enter its ruling on the prescribed form and authenticate the same by their signatures.

5. Any party adversely affected by the ruling shall immediately inform the Board if he intends to appeal. The Board shall enter said information in the minutes of the canvass, set aside the Election Returns/Certificate of Canvass and proceed to consider the other uncanvassed Election Returns/Certificate of Canvass.

6. After all the uncontested Election Returns/Certificate of Canvass has been canvassed and the contested Election Returns/Certificate of Canvass ruled upon, 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 a non-extendible period of five (5) days thereafter, an appeal may be taken to the Comelec.

7. Immediately upon receipt of the notice of appeal, the Board shall make an appropriate report to the Comelec, elevating therewith the complete records and evidence submitted in the canvass, and furnishing the parties with copies of the report.

8. On the basis of the records and evidence elevated to it by the Board, the Comelec shall decide summarily the appeal within seven (7) days from the receipt of said records and evidence. Any appeal brought before the Comelec on the ruling of the Board, without the accomplished forms and the evidence thereto, shall be summarily dismissed. The decision of the Comelec shall be executory after the lapse of seven (7) days from receipt thereof by the losing party.

9. The Board shall not proclaim any candidate as winner unless authorized by the Comelec 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/Certificate will not adversely affect the results of the election.

10. The Board shall at all times indicate the date and time of receipt of any:chanroblesvirtuallawlibrary

a. Written objection. b. Opposition. c. Evidence. d. Notice of Appeal. Sec. 39. Partial proclamation. - Notwithstanding the pendency of any pre-proclamation controversy, the Comelec may summarily order the proclamation of other winning candidates whose election will not be affected by the outcome of the controversy.

Sec. 40. 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 Comelec within three (3) days from the date of the ruling.

IV. THE CITY/MUNICIPAL BOARD OF CANVASSERS

Sec. 41. Duties and functions of the City/Municipal Board of Canvassers. - The Municipal Board of Canvassers or City Board of Canvassers of component cities shall:chanroblesvirtuallawlibrary 1. Canvass the Election Returns for Senators, Members of the House of Representatives, Party-List and for elective provincial and city or municipal officials;

2. Upon completion of the canvass:chanroblesvirtuallawlibrary

a. Prepare in seven (7) copies, the Certificate of Canvass of Votes for Senators, Members of the House of Representatives, Party List and Elective Provincial Officials (CEF No. 20);

2. Prepare the Certificate of Canvass and Proclamation of Winning Candidates for City or Municipal Offices (CEF No. 24 or 25); and

3. Proclaim said winning candidates. Sec. 42. Distribution of Certificate of Canvass. - The Certificate of Canvass for Senators, Members of the House of Representatives, Party-List and Elective Provincial Officials (CEF No. 20) shall be distributed as follows:chanroblesvirtuallawlibrary 1. The first copy to the Provincial Board of Canvassers for use in the canvass for Senators, Members of the House of Representatives, Party-List and other elective provincial officials; 2. The second copy to the Comelec; 3. The third copy to be kept by the Chairman of the Board;

4. The fourth copy to the citizens arm designated by the Comelec to conduct a media-based unofficial count; and 5. The fifth, sixth and seventh copies to the first three of the six accredited political parties which shall furnish the other three accredited political parties with authentic copies thereof at the least possible delay. The Certificate of Canvass prepared by the City Board of Canvassers of component cities or Municipal Board of Canvassers shall each be supported by a Statement of Votes by precinct, signed and thumbmarked by the members of the Board and the watchers of the six accredited major political parties, if available. Thereafter, they shall each be sealed and placed inside their corresponding envelopes, which shall likewise be sealed. Sec. 43. Certificate of canvass and proclamation. - (a) The Certificate of Canvass and Proclamation of Winning Candidates for City Offices (CEF No. 24) shall be prepared in sufficient copies and distributed as follows:chanroblesvirtuallawlibrary 1. Secretary of the sangguniang panlungsod; 2. Chairman, city board of canvassers; 3. Comelec; 4. City treasurer; 5. Regional election director; 6. Provincial election supervisor; 7. Each of the winning candidates proclaimed; and 8. 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 corresponding envelopes, which shall thereafter be sealed. A copy of the Statement of Votes by precinct shall be attached to the copies for the:chanroblesvirtuallawlibrary 1. Secretary of the sangguniang panlungsod; 2. Chairman, city board of canvassers; and 3. Comelec. (b) The Certificate of Canvass and Proclamation for Municipal Offices (CEF No. 25) shall be prepared in sufficient copies and distributed as follows:chanroblesvirtuallawlibrary

1. Secretary of the sangguniang bayan; 2. Chairman, Municipal Board of Canvassers; 3. Comelec; 4. Secretary of the sangguniang panlalawigan; 5. Provincial Election Supervisor; 6. Regional Election Director; 7. Municipal Treasurer; 8. Each of the winning candidates proclaimed; and 9. One copy for posting on the bulletin board of the municipal hall. The first seven copies shall be individually folded, sealed with a serially numbers paper seal in such way that the Certificate of Canvass and Proclamation cannot be opened without breaking the seal and placed in the corresponding envelopes, which shall thereafter be sealed. A copy of the Statement of Votes by precinct shall be attached to the copies for the:chanroblesvirtuallawlibrary 1. Secretary of the sangguniang bayan;

2. Chairman, Municipal Board of Canvassers; and 3. Comelec. V. PROVINCIAL BOARD OF CANVASSERS Sec. 44. Duties and functions of the provincial board of canvassers. - The Provincial Board of Canvassers shall:chanroblesvirtuallawlibrary a. Canvass the Certificate of Canvass for Senators, Members of the House of Representatives, Party-List and Elective Provincial Officials (CEF No. 20) submitted by the Municipal Board of Canvassers and City Boards of Canvassers of component cities; b. Upon completion of the canvass:chanroblesvirtuallawlibrary 1. Prepare in six (6) copies, a Certificate of Canvass for Senators and Party-List (CEF No. 21);

2. Prepare the Certificate of Canvass and Proclamation of Winning Candidates for Member of the House of Representatives and Provincial Offices (CEF No. 22 & 23); and 3. Proclaim the winning candidates for Members of the House of Representatives and provincial offices. Sec. 45. Distribution of Certificate of Canvass. - The Certificate of Canvass for Senators and Party-List (CEF No. 21) shall be distributed as follows:chanroblesvirtuallawlibrary 1. The first copy to the Commission en banc sitting as National Board of Canvassers for use in the canvass of the results for Senator and Party-List; 2. The second copy to be kept by the Chairman of the Provincial Board of Canvassers; 3. The third copy to the citizens arm designated by the Comelec to conduct a media-based unofficial count; and 4. The fourth, fifth and sixth copies to the first three of the six accredited political parties which shall furnish the other three accredited political parties with authentic copies thereof at the least possible delay. All copies of the Certificate of Canvass (CEF No. 21) shall be supported by a Statement of Votes by city/municipality. However, the Certificate of Canvass (Copy for the National Board of Canvassers) shall, in addition to the Statement of Votes by city/municipality, be supported by a Statement of Votes by precinct as submitted by the City Boards of Canvassers of component cities and Municipal Boards of Canvassers. The certificate shall be signed and thumbmarked by the members of the Provincial Board of Canvassers and watchers of the six accredited major political parties, if available. Thereafter, they shall each be sealed and placed inside their corresponding envelopes, which shall likewise be sealed. Sec. 46. 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 and Proclamation of Winning Candidates for Member of the House of Representatives (CEF No. 22) shall be prepared for each legislative district in four (4) copies and distributed as follows:chanroblesvirtuallawlibrary 1. The first copy to the Comelec in Manila; 2. The second copy to be kept by the Chairman of the Provincial Board of Canvassers; 3. The third copy to the candidate proclaimed; and 4. 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 their corresponding envelopes together with a copy of the Statement of Votes by city/municipality.

The Certificate of Canvass and Proclamation of the Winning Candidates for Provincial Offices (CEF No. 23) shall be prepared in sufficient copies to be distributed as follows:chanroblesvirtuallawlibrary 1. Secretary of the sangguniang panlalawigan; 2. Chairman of the Provincial Boards of Canvassers; 3. Comelec; 4. Provincial treasurer; 5. Regional election director; 6. Each of the winning candidates proclaimed; and 7. One copy for posting on the bulletin board of the provincial capitol. The first five copies shall be individually folded and shall be placed in their corresponding envelopes. A copy of the Statement of Votes by city/municipality shall be attached to the copies for the: 1. Secretary of the sangguniang panlalawigan; 2. Chairman, Provincial Board of Canvassers; and 3. Comelec. VI. CITY BOARD OF CANVASSERS OF CITIES COMPRISING ONE OR MORE LEGISLATIVE DISTRICTS Sec. 47. Duties and functions of the City Board of Canvassers for cities comprising one or more legislative districts. - The City Board of Canvassers of cities comprising one or more legislative districts shall:chanroblesvirtuallawlibrary a. Canvass the Election Returns for Senators, Member of the House of Representatives Party-List and elective city officials; and

b. Upon completion of the canvass:chanroblesvirtuallawlibrary 1. Prepare in six (6) copies the Certificate of Canvass for Senators and Party-List (CEF No. 21); 2. Prepare the Certificate of Canvass and Proclamation of winning candidates for Member of the House of Representatives and city officials (CEF 22 & 24); and 3. Proclaim the winning candidates for Member of the House of Representatives and city officials.

In the case of cities with two or more legislative districts, the City Board of Canvassers shall first canvass the Election Returns form the legislative district wherein all or a substantial number or precincts have already submitted before canvassing those from the next legislative districts. Sec. 48. Distribution of the Certificate of Canvass. - The City Board of Canvassers shall distribute the Certificate of Canvass for Senators and Party-List (CEF No. 21) as follows:chanroblesvirtuallawlibrary 1. The first copy to the Commission en banc sitting as the National Board of Canvassers for use in the canvass of the election results for Senators and Party-List; 2. The second copy to be kept by the Chairman of the Board; 3. The third copy to the citizens arm designated by the Comelec to conduct a media-based unofficial count; and 4. The fourth, fifth and sixth copies to the first three of the six accredited political parties which shall furnish the other three accredited political parties with authentic copies thereof at the least possible delay. The Certificate of Canvass prepared by the City Board of Canvassers shall each be supported by a copy of the Statement of Votes by precinct, signed and thumbmarked by the Chairman and members of the Board, and the watchers of the six accredited major political parties, if available. Thereafter, they shall each be sealed and placed inside their corresponding envelopes, which shall likewise be sealed. Sec. 49. Certificate of Canvass of Votes and Proclamation. - (a) The Certificate of Canvass and Proclamation of Winning Candidates for Member of the House of Representatives (CEF No. 22) shall be prepared for each legislative district in four (4) copies and distributed as follows:chanroblesvirtuallawlibrary 1. The first copy to the Comelec in Manila; 2. The second copy to be kept by the Chairman of the Board; 3. The third copy to the candidates proclaimed; and 4. 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 corresponding envelope, together with a copy of the Statement of Votes by precinct. (b) The Certificate of Canvass and Proclamation of the Winning Candidates for City Offices (CEF No. 24) shall be prepared in sufficient copies to be distributed as follows:chanroblesvirtuallawlibrary 1. Secretary of the sangguniang panlungsod; 2. Chairman, City Board of Canvassers;

3. Comelec; 4. City treasurer; 5. Regional election director; 6. Each of the winning candidates proclaimed; and 7. One copy for posting on the bulletin board of the city hall. The first five copies shall be separately folded and placed in their corresponding envelopes. A copy of the Statement of Votes by precinct shall be attached to the copies for the:chanroblesvirtuallawlibrary 1. Secretary of the sangguniang panlungsod; 2. Chairman, City Board of Canvassers; and 3. Comelec.