COMELEC Minute Resolution No. 13-0493 Entitled: "In the Matter of the Comment/Recommendation of the Law Department on COMELEC Resolution No. 9648, Particularly Section 28 (n) Thereof Re: Proclamation of Candidates," Promulgated on 17 April 2013

May 22, 2013 BLGF MEMORANDUM CIRCULAR NO. 060-13 TO : All BLGF Central and Regional Directors and Other Offices Concerned SUBJECT : COMELEC Minute Resolution No. 13-0493 Entitled: "In the Matter of the Comment/Recommendation of the Law Department on COMELEC Resolution No. 9648, Particularly Section 28 (n) Thereof Re: Proclamation of Candidates," Promulgated on 17 April 2013 For the information and guidance of all concerned, attached is a copy of Minute Resolution No. 13-0493 from the Commission on Elections dated April 26, 2013. The Central and Regional Directors of this Bureau are hereby instructed to take note of the above and disseminate the contents to all Bureau Staff, and concerned offices. Please be guided accordingly. (SGD.) ATTY. SALVADOR M. DEL CASTILLO OIC-Executive Director ATTACHMENT Republic of the Philippines Department of Finance Roxas Boulevard Corner Pablo Ocampo, Sr. Street Manila 1004 1st Indorsement May 9, 2013 Respectfully referred to Hon. Salvador M. Del Castillo, the Officer-in-Charge (OIC) Executive Director of the Bureau of Local Government Finance (BLGF), Manila, for dissemination to the City and Municipal Treasurers, the attached letter dated 26 April 2013 of Acting Director Maria Victoria S. Dulcero, of the Commission on Elections, inviting attention to COMELEC Minute Resolution No. 13-0493 promulgated on 17 April 2013 entitled "In the Matter of the Comment/Recommendation of the Law Department on COMELEC Resolution No. 9648, particularly Section 28 (n) thereof Re: Proclamation of Candidates". ISCaTE By authority of the Secretary: (SGD.) CARLO A. CARAG Undersecretary Revenue Operations and Legal Affairs Group Commission on Elections Intramuros, Manila Education and Information Department 3rd & 4th Floor Shipping Center Building, A. Soriano Avenue, Intramuros, Manila (63 2) 5270821 Telefax; 5259302 Telephone April 26, 2013 HON. CESAR V. PURISIMA Secretary Department of Finance (DOF) 6/F Executive Tower, BSP Complex, 1004 Roxas Boulevard, Manila Sir: Please find attached hereto a copy of COMELEC Minute Resolution No. 13-0493 entitled: "IN THE MATTER OF THE COMMENT/RECOMMENDATION OF THE LAW DEPARTMENT ON COMELEC RESOLUTION NO. 9648, PARTICULARLY SECTION 28 (n) THEREOF RE: PROCLAMATION OF CANDIDATES," promulgated on 17 April 2013. For information and guidance. (SGD.) MARIA VICTORIA S. DULCERO Acting Director III April 17, 2013 MINUTE RESOLUTION NO. 13-0493 IN THE MATTER OF THE COMMENT/RECOMMENDATION OF THE LAW DEPARTMENT ON COMELEC RESOLUTION NO. 9648, PARTICULARLY SECTION 28 (N) THEREOF RE: PROCLAMATION OF CANDIDATES Excerpt from the Minutes of the Regular En Banc Meeting of the Commission on Elections Held on April 17, 2013 This pertains to the Memorandum dated April 12, 2013 of Director Esmeralda Amora-Ladra, Law Department, submitting her comment/recommendation on Comelec Resolution No. 9648, particularly Section 28 (n) thereof re: proclamation of candidates. The Memorandum of Director Ladra reads: "This pertains to Comelec Resolution No. 9648 or the 'General Instructions for the Board of Canvassers on the Consolidation/Canvass and Transmission of Votes in Connection with the May 13, 2013 National and Local Elections' promulgated on February 22, 2013. In Section 28 (n) thereof, it was provided that: 'n) PROCLAMATION OF CANDIDATES A candidate who obtained the highest number of votes shall be proclaimed by the Board, except for the following: 1. In case the certificate of candidacy of the candidate who obtains the highest number of votes has been cancelled or denied due course by a final and executory Decision or Resolution, the votes cast for such candidate shall be considered as stray, hence, the Board shall proceed to proclaim the candidate who obtains the second highest number of votes, provided, the latter's certificate of candidacy has not likewise been cancelled by a final and executory Decision or Resolution; ECTAHc 2. In case a candidate has been declared a nuisance candidate by final and executory Decision or Resolution, the votes cast for the nuisance candidate shall be added to the candidate who shares the same surname as the nuisance candidate and thereafter, the candidate who garnered the highest number of votes shall be proclaimed; In case of two or more candidates having the same surname as the nuisance candidate, the votes cast for the nuisance candidate shall be considered as stray vote and shall not be credited to any candidate; In case the nuisance candidate does not have the same surname as any candidate for the same position, the votes cast for the nuisance candidate shall be considered as stray votes; and 3. In case a candidate has been disqualified by a final and executory Decision or Resolution and he obtains the highest number of votes cast for a particular position, the Board shall not proclaim the candidate and the rule of succession, if allowed by law shall be observed. In case the position does not allow the rule of succession under Republic Act No. 7160, the position shall be deemed vacant. In all cases, a Decision or Resolution is deemed final and executory if, in case of a Division ruling, no motion for reconsideration is filed [within] the reglementary period, or in cases of the ruling of the Commission En Banc, no restraining order was issued by the Supreme Court within five (5) days from receipt of the Decision or Resolution. In cases where a Petition to Deny Due Course or Cancel a Certificate of Candidacy, Declare a Nuisance Candidate, or for Disqualification remains pending with the Commission on the day of the canvassing and no order of suspension of proclamation is issued by the Commission En Banc or Division where said Petition is pending, the Board shall proceed to proclaim the winner. In cases where the generated/printed COCP does not reflect the true winner for a particular position by reason of the circumstances stated above, the Board is authorized to effect the necessary correction on the entry for said position, to reflect the true winner as determined in accordance with the foregoing rules, provided all the members of the Board countersign such entry. Such fact shall be entered in the Minutes.' IDESTH The said section, however, failed to mention about two (2) significant scenarios: a. Substitution of candidates in case of death or disqualification; and b. Withdrawal of Certificates of Candidacy. It may be recalled that pursuant to Section 14 of Comelec Resolution No. 9518, 'a candidate may, at any time before election day, file a Statement of Withdrawal under oath, with the office where the Certificate of Candidacy was filed.' On the other hand, Section 15 of the same Resolution provides that 'the substitute for a candidate who died or is disqualified by final judgment, may file his Certificate of Candidacy up to mid-day of election day, provided that the substitute and the substituted have the same surnames. If the death or disqualification should occur between the day before the election and mid-day of election day, the substitute candidate may file his Certificate of Candidacy with any Board of Election Inspectors in the political subdivision where he is a candidate, or in the case of a candidate for Senator, with the Law Department of the Commission on Elections in Manila, provided that the substitute and the substituted candidates have the same surname.' It is the humble submission of the undersigned that the above-mentioned instances should be reflected in the subject General Instructions so that the Board of Canvassers would not be left in a quandary in the event that said circumstances occur. In this way, delay in the proclamation will be prevented. Thus, it is respectfully recommended that Section 28 (n) of Comelec Resolution No. 9648 be amended to read as follows: n) PROCLAMATION OF CANDIDATES A candidate who obtained the highest number of votes shall be proclaimed by the Board, except for the following: 1. In case the certificate of candidacy of the candidate who obtains the highest number of votes has been cancelled or denied due course by a final and executory Decision or Resolution, the votes cast for such candidate shall be considered as stray, hence, the Board shall proceed to proclaim the candidate who obtains the second highest number of votes, provided, the latter's certificate of candidacy has not likewise been cancelled by a final and executory Decision or Resolution; SaCIAE 2. In case a candidate has been declared a nuisance candidate by final and executory Decision or Resolution, the votes cast for the nuisance candidate shall be added to the candidate who shares the same surname as the nuisance candidate and thereafter, the candidate who garnered the highest number of votes shall be proclaimed; In case of two or more candidates having the same surname as the nuisance candidate, the votes cast for the nuisance candidate shall be considered as stray vote and shall not be credited to any candidate; In case the nuisance candidate does not have the same surname as any candidate for the same position, the votes cast for the nuisance candidate shall be considered as stray votes; 3. In case a candidate has been disqualified by a final and executory Decision or Resolution and he obtains the highest number of votes cast for a particular position, the Board shall not proclaim the candidate and the rule of succession, if allowed by law shall be observed. In case the position does not allow the rule of succession under Republic Act No. 7160, the position shall be deemed vacant. However, in case the candidate, who is disqualified by final and executory Decision or Resolution, has been validly substituted by another bearing the same surname pursuant to Section 15 of Comelec Resolution No. 9518, the votes cast for the substituted candidate shall be counted as votes in favor of the substitute. Thus, in the event that the substituted candidate obtains the highest number of votes, the Board shall proceed to proclaim the substitute candidate; 4. In case of a candidate who dies but was validly substituted by another bearing the same surname pursuant to Section 15 of Comelec Resolution No. 9518, the votes cast for the deceased candidate shall be counted in favor of the substitute. Thus, in the event that the deceased candidate obtains the highest number of votes, the Board shall proceed to proclaim the substitute candidate; and 5. In case of a candidate who has validly withdrawn his Certificate of Candidacy pursuant to Section 14 of Comelec Resolution No. 9518 but whose name has not been deleted in the ballot, the votes cast for such candidate shall be considered as stray, hence, the Board shall proceed to proclaim the candidate who obtains the second highest number of votes, provided, the latter has not likewise withdrawn his Certificate of Candidacy. aESHDA In all cases, a Decision or Resolution is deemed final and executory if, in case of a Division ruling, no motion for reconsideration is filed [within] the reglementary period, or in cases of the ruling of the Commission En Banc, no restraining order was issued by the Supreme Court within five (5) days from receipt of the Decision or Resolution. In cases where a Petition to Deny Due Course or cancel a Certificate of Candidacy, Declare a Nuisance Candidate, or for Disqualification remains pending with the Commission on the day of the canvassing and no order of suspension of proclamation is issued by the Commission En Banc or Division where said Petition is pending, the Board shall proceed to proclaim the winner. In cases where the generated/printed COCP does not reflect the true winner for a particular position by reason of the circumstances stated above, the Board is authorized to effect the necessary correction on the entry for said position, to reflect the true winner as determined in accordance with the foregoing rules, provided all the members of the Board countersign such entry. Such fact shall be entered in the Minutes.' Respectfully submitted for your Honors' consideration." The Commission RESOLVED, as it hereby RESOLVES, to approve the foregoing recommendation of Director Esmeralda Amora-Ladra, Law Department, that Section 28 (n) of COMELEC Resolution No. 9648 (General Instructions for the Board of Canvassers on the Consolidation/Canvass and Transmission of Votes in Connection with the May 13, 2013 National and Local Elections) be amended to read as follows: 'n) PROCLAMATION OF CANDIDATES A candidate who obtained the highest number of votes shall be proclaimed by the Board, except for the following: 1. In case the certificate of candidacy of the candidate who obtains the highest number of votes has been cancelled or denied due course by a final and executory Decision or Resolution, the votes cast for such candidate shall be considered as stray, hence, the Board shall proceed to proclaim the candidate who obtains the second highest number of votes, provided, the latter's certificate of candidacy has not likewise been cancelled by a final and executory Decision or Resolution; aDSHIC 2. In case a candidate has been declared a nuisance candidate by final and executory Decision or Resolution, the votes cast for the nuisance candidate shall be added to the candidate who shares the same surname as the nuisance candidate and thereafter, the candidate who garnered the highest number of votes shall be proclaimed; In case of two or more candidates having the same surname as the nuisance candidate, the votes cast for the nuisance candidate shall be considered as stray vote and shall not be credited to any candidate; In case the nuisance candidate does not have the same surname as any candidate for the same position, the votes cast for the nuisance candidate shall be considered as stray votes; 3. In case a candidate has been disqualified by a final and executory Decision or Resolution and he obtains the highest number of votes cast for a particular position, the Board shall not proclaim the candidate and the rule of succession, if allowed by law shall be observed. In case the position does not allow the rule of succession under Republic Act No. 7160, the position shall be deemed vacant. However, in case the candidate, who is disqualified by final and executory Decision or Resolution, has been validly substituted by another bearing the same surname pursuant to Section 15 of Comelec Resolution No. 9518, the votes cast for the substituted candidate shall be counted as votes in favor of the substitute. Thus, in the event that the substituted candidate obtains the highest number of votes, the Board shall proceed to proclaim the substitute candidate; 4. In case of a candidate who dies but was validly substituted by another bearing the same surname pursuant to Section 15 of Comelec Resolution No. 9518, the votes cast for the deceased candidate shall be counted in favor of the substitute. Thus, in the event that the deceased candidate obtains the highest number of votes, the Board shall proceed to proclaim the substitute candidate; and 5. In case of a candidate who has validly withdrawn his Certificate of Candidacy pursuant to Section 14 of Comelec Resolution No. 9518 but whose name has not been deleted in the ballot, the votes cast for such candidate shall be considered as stray, hence, the Board shall proceed to proclaim the candidate who obtains the second highest number of votes, provided, the latter has not likewise withdrawn his Certificate of Candidacy. In all cases, a Decision or Resolution is deemed final and executory if, in case of a Division ruling, no motion for reconsideration is filed within the reglementary period, or in cases of the ruling of the Commission En Banc, no restraining order was issued by the Supreme Court within five (5) days from receipt of the Decision or Resolution. In cases where a Petition to Deny Due Course or cancel a Certificate of Candidacy, Declare a Nuisance Candidate, or for Disqualification remains pending with the Commission on the day of the canvassing and no order of suspension of proclamation is issued by the Commission En Banc or Division where said Petition is pending, the Board shall proceed to proclaim the winner. STEacI In cases where the generated/printed COCP does not reflect the true winner for a particular position by reason of the circumstances stated above, the Board is authorized to effect the necessary correction on the entry for said position, to reflect the true winner as determined in accordance with the foregoing rules, provided all the members of the Board countersign such entry. Such fact shall be entered in the Minutes.' The Education and Information Department shall cause the publication of this Resolution in two (2) daily newspapers of general circulation in the Philippines and to 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 City/Municipal Treasurers with the copies of this Resolution. SO ORDERED. (SGD.) SIXTO S. BRILLANTES, JR. Chairman (SGD.) LUCENITO N. TAGLE Commissioner (SGD.) ELIAS R. YUSOPH Commissioner (SGD.) CHRISTIAN ROBERT S. LIM Commissioner (SGD.) MARIA GRACIA CIELO M. PADACA Commissioner February 22, 2013 COMELEC RESOLUTION NO. 9648 GENERAL INSTRUCTIONS FOR THE BOARDS OF CANVASSERS ON THE CONSOLIDATION/CANVASS AND TRANSMISSION OF VOTES IN CONNECTION WITH THE MAY 13, 2013 NATIONAL AND LOCAL ELECTIONS The Commission on Elections, hereinafter referred to as the Commission, by the powers vested in it by the Constitution, the Omnibus Election Code, Republic Act No. 9369, and other election laws, RESOLVES to promulgate the following General Instructions Governing the Consolidation/Canvassing and Transmission of Votes in connection with the May 13, 2013 National and Local Elections. ARTICLE I The Boards of Canvassers SEC. 1. Board of Canvassers. There shall be a Board of Canvassers in each municipality, city, province, in the legislative district comprising the municipality of Pateros and the City of Taguig, both in Metro Manila, and in the Autonomous Region in Muslim Mindanao. SEC. 2. Supervision and Control. The Commission shall have direct control and supervision over the Boards of Canvassers and may motu proprio relieve, for cause, at any time, any member thereof and designate the substitute. SEC. 3. Municipal Board of Canvassers. The Municipal Board of Canvassers (MBOC) 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. SEC. 4. City Board of Canvassers. The City Board of Canvassers (CBOC) shall be composed of the City Election Officer or a lawyer of the Commission, 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 Regional Election Director, in the case of the National Capital Region (NCR),or the Provincial Election Supervisor, in the case of areas outside the NCR, shall designate the Election Officer who shall act as chairman. SEC. 5. Provincial Board of Canvassers. The Provincial Board of Canvassers (PBOC) shall be composed of the Provincial Election Supervisor or a lawyer of the Commission, as Chairman; the Provincial Prosecutor, as Vice-Chairman; and the District School Superintendent, as Member-Secretary. IAEcCa SEC. 6. District Board of Canvassers for the Legislative District in Metro Manila. The District Board of Canvassers (DBOC) for the legislative district of Metro Manila comprising of one (1) councilor district of a city and one (1) municipality 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-Secretary. SEC. 7. Regional Board of Canvassers for the ARMM. The Regional Board of Canvassers (RBOC) in the ARMM shall be composed of the Regional Election Director of the ARMM or a lawyer of the Commission, as Chairman; a representative of equivalent rank from the Department of Justice, as Vice-Chairman; and a representative, likewise, of equivalent rank from the Department of Education, as Member-Secretary. SEC. 8. Consolidation and Canvassing System (CCS) Operators. Each board of canvassers shall be assisted by an information technology-capable person authorized to operate the CCS, to be known as CCS operator. The CCS operator shall be deputized by the Commission from among the agencies and instrumentalities of the government, including government-owned and controlled corporations. The CCS operators shall be designated by the Provincial Election Supervisor concerned, in the case of the city/municipal board of canvassers outside the National Capital Region (NCR),and by the NCR Regional Election Director in the case of the city, municipal and district board of canvassers in the NCR. The Regional Election Director concerned shall designate the CCS operator in the case of the provincial boards of canvassers in regions outside the NCR and in the case of the regional board of canvassers in the ARMM. The per diem of the CCS operator shall be the same as that of the members of the board of canvassers. The CCS operator must neither be related within the fourth civil degree of consanguinity or affinity to any member of the BOC which he will assist or to any of the candidate whose votes shall be canvassed by the BOC which he will assist. SEC. 9. 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, a ranking lawyer of the Commission shall be appointed as substitute. ESDHCa With respect to the other members of the Board, the Commission shall 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 PBOC; 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 of the Municipal Trial Court nominated by the Executive Judge of the Municipal Trial Court, or any other available appointive municipal officials, in the case of the municipal board of canvassers. As substitute of the two (2) members of the DBOC of the legislative district in Metro Manila, the Commission shall appoint the next ranking prosecutor or district supervisor, as the case may be, in the district. In case of the RBOC in the ARMM, the Commission shall appoint a ranking lawyer of the Commission and other representatives from the corresponding government agencies, as substitute chairman and members, respectively. The authority to appoint substitute members of the Boards shall be vested in the following: a) Chairman of the Commission, for the RBOC; b) Regional Election Director, for the PBOC in his region; c) Provincial Election Supervisor, for the CBOC and MBOC in his province; and d) Regional Election Director of the National Capital Region, for the DBOC/C/MBOC in his region. The Regional Election Director or the Provincial Election Supervisor, as the case may be, shall, within twenty-four (24) hours from issuance of the appointment of a substitute, inform in writing the Office of the Executive Director of the Commission of such appointment and the reason for such substitution. In the case of the RBOC, the Chairman of the Commission shall, within twenty-four (24) hours from issuance of the appointment of a substitute inform the Commission of the substitution, and the reason for such substitution. TaCDIc SEC. 10. Secretary of the Board. The district school supervisor, or the principal, the city or provincial superintendent of schools, as the case may be or any representative of the Department of Education shall act as Secretary of the Board, unless otherwise ordered by the Commission. He shall prepare the minutes of the Board by recording therein the proceedings and such other incidents or matters relevant to the canvass. ARTICLE II Common Provisions SEC. 11. Notice of Meetings of the Boards. Not later than May 8, 2013, the Chairman of the Board of Canvassers shall give written notice to its members 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 Commission, in the session hall of the Sangguniang Bayan/Panlungsod/Panlalawigan/ARMM Regional Legislative Assembly, as the case may be. Notices of the canvassing shall be posted in the offices of the Election Officer/Provincial Election Supervisor/Regional Election Director, ARMM as the case may be, and in three (3) 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 of the Board. Proof of service of the written notice to each member, candidate, political party and party-list groups shall be attached to and form part of the records of the proceedings. If notice is given in open session, such fact shall be recorded in the minutes of the proceedings. 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. 12. Convening of the Boards. The Boards shall convene at 6:00 o'clock in the evening of May 13, 2013 at the designated place to initialize the CCS and to receive and canvass the electronically-transmitted Election Returns (ERs) or the Certificates of Canvass (COCs),as the case may be. It shall meet continuously from day to day until the canvass is completed, and may adjourn but only for the purpose of awaiting the other ERs/COCs. DCcHAa SEC. 13. Absence of a Regular Member of a Board. 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. 14. Prohibited Degree of Relationship. The Chairman and Members of the Board of Canvassers 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. 15. Prohibition Against Leaving Official Station. During the period beginning May 13, 2013 until the proclamation of the winning candidates, no member or substitute member of the Board shall be transferred, assigned or detailed outside of his official station nor shall he leave said station without prior authority of the Commission. Such authority may be granted by the Provincial Election Supervisor in the case of MBOC or CBOC; and by the Regional Election Director in the case of PBOC, DBOC or RBOC. In either case, a written report shall be submitted to the Law Department. SEC. 16. 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. 17. Incapacity of a Regular Member of the Board. 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. 18. Quorum; Vote Required. A majority of the members of the Board shall constitute a quorum for the transaction of its official business, and a majority vote of all members thereof shall be necessary to render a decision. AIcaDC SEC. 19. Powers and Functions of the Board. The Board shall have full authority to keep order within the canvassing room or hall including its premises and enforce obedience to its lawful orders. If any person shall refuse to obey any lawful order of the Board or shall so conduct himself in such disorderly manner as to disturb or interrupt its proceedings, the Board may order in writing any peace officer/soldier to take such person into custody until the 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. Further, the Boards shall: a) Canvass/consolidate the electronically transmitted results; b) Generate and print the COC, COCP and SOV; c) Electronically transmit the result; d) Proclaim the winning candidates; and e) Perform such other functions as may be directed by the Commission. SEC. 20. Right to be Present and to Counsel during the Canvass. Each registered political party, or coalition of political parties fielding candidates, accredited political parties, sectoral party/organization or coalition thereof participating under the party-list system and every candidate has the right to be present and to counsel during the consolidation/canvass of the ERs or COCs, as the case may be: Provided, that only one (1) counsel may argue for each party or candidate. They shall have the right to observe the consolidation/canvass and transmission, of the ERs or COCs without touching the CCS, make observations thereon, and file their challenge in accordance with the rules and regulations of the Commission. The Board shall not allow any dilatory action. SEC. 21. Watchers. Each registered political party, or coalition of political parties fielding candidates, accredited political parties, sectoral party/organization or coalition thereof participating under the party-list system and every candidate, shall be entitled to one watcher in every canvassing center. Provided, that, the candidates for the Sangguniang Bayan, Sangguniang Panlungsod, or Sangguniang Panlalawigan, ARMM Regional Legislative Assembly, belonging to the same slate or ticket shall collectively be entitled to only one watcher. DTcASE The dominant majority party and dominant minority party, which the Commission shall determine in accordance with law, shall each be entitled to one official watcher. There shall also be recognized six principal watchers, representing the six accredited major political parties excluding the dominant majority and minority parties, who shall be designated by the Commission upon nomination of the said parties. The citizens' arm accredited by the Commission, and civic, religious, professional, business, service, youth and other similar organizations shall collectively, with prior authority of the Commission, 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 a Board within the fourth civil degree of consanguinity or affinity shall not be appointed as watcher. A watcher must know how to read and write Filipino, English or any of the prevailing local dialects. Under no circumstance shall barangay officials including barangay tanods be appointed as watchers. The watchers shall have the right to: a) Be present at, and take note of, all the proceedings of the Board; b) Stay behind the Chairman of the Board near enough to be able to observe the consolidation/canvass of the ERs/COCs without touching the CCS; and c) File a protest against any irregularity noted in consolidation/canvass of the ERs/COCs and obtain from the board a resolution thereon in writing. Watchers shall not be allowed to participate in the deliberation of the Board. SEC. 22. Persons Not Allowed Inside the Canvassing Room. During the canvass, it shall be unlawful for the following to enter the room where the consolidation/canvass and transmission are being held or to stay within a radius of fifty (50) meters from such room: cEASTa 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, reaction 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 by a majority vote, whenever it deems necessary, may direct in writing for the detail of policemen or peace officers for their protection or for the protection of the machines, election documents and paraphernalia in the possession of the Board, 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. 23. Reception and Custody Group. The Board may constitute a Reception and Custody Group (RCG) for the reception and safekeeping of the main memory card and of the hardcopies of ERs, at the rate of one (1) RCG for every five hundred (500) clustered precincts in the city/municipality/district or one (1) RCG for each province/region for the reception and safekeeping of the hardcopies of COCs and SOVs. For this purpose, the Election Officer or the Provincial Election Supervisor or the Regional Election Director in the case of ARMM, shall provide the RCG with the Project of Precincts of the city/municipality/district or the list of municipalities/cities in the province, or the list of provinces in the ARMM, as the case may be. CHDAEc The RCG shall be composed of not more than two (2) members who are government appointive officials. They shall be designated by the concerned chairman of the Board and shall receive honoraria computed as that of the members of the Board. In no case shall casual employees or employees of the Offices of the Regional/Provincial Governor, or City/Municipal Mayor, or Punong Barangay, or the corresponding Sanggunians/Regional Assemblymen be appointed/designated as a member of the RCG. The members of the RCG shall not be related to each other or to any member of the Board or to any candidate whose votes will be canvassed by the Board, within the fourth civil degree of consanguinity or affinity. SEC. 24. Duties and Responsibilities of the Reception and Custody Group. The RCG shall: a) Receive from: 1) The BEI, the envelope containing the main memory card of PCOS labeled TRANSMITTED or NOT TRANSMITTED, and the envelopes containing the printed copies of the ERs intended for city/municipal Board of Canvassers (C/MBOC); 2) The C/MBOC, the envelope containing the CD of the municipal/city CCS labeled TRANSMITTED or NOT TRANSMITTED, and the envelope containing the printed copy of the COC intended for the Provincial Board of Canvassers; 3) The PBOC, the envelope containing the CD of the provincial CCS labeled TRANSMITTED or NOT TRANSMITTED, and the envelope containing the printed copy of the COC intended for the ARMM Regional Board of Canvassers; HTASIa b) Log the following: 1) Date and time of receipt; 2) Condition and the serial number of corresponding paper seal of the envelope; 3) The precinct number of the envelope containing the memory card or the city/municipality/province of the envelope containing the CD; c) Mark: 1) In the project of precincts the corresponding precincts which envelope containing the main memory card labeled NOT TRANSMITTED; 2) In the list of cities/municipalities/province the corresponding city/municipality/province which envelope containing the CD of the CCS labeled NOT TRANSMITTED; d) Group together the main memory card/CD labeled NOT TRANSMITTED and TRANSMITTED after recording the necessary data of the envelope and immediately submit the same to the Board; e) Place the envelopes containing the ERs/COCs inside the ballot box, close the same with security seal; and f) Forward to the Board, the ballot boxes containing the ERs/COCs and one copy of the list of precincts/list of cities/municipalities/province as marked. SEC. 25. Issues That may be Raised during the Consolidation/Canvass. Issues affecting the composition or proceedings of the Boards may be initiated by filing a verified petition before the Board or directly with the Commission. SAaTHc If the petition is filed directly with the Board, its decision may be appealed to the Commission within three (3) days from issuance thereof. However, if commenced directly with the Commission, the verified petition shall be filed immediately when the board begins to act illegally, or at the time of the appointment of the member of the board whose capacity to sit as such is objected to. There shall be no pre-proclamation cases on issues/controversies relating to the generation/printing, transmission, receipt and custody and appreciation of ERs or the COCs. SEC. 26. Submission of the Minutes of Canvass of the Board. Within five (5) days from termination of canvass, the member-secretaries of the Board shall, by registered mail, submit to the Law Department of the Commission in Manila a certified copy of the Minutes of Canvass of the proceedings and shall notify, by telegram or any fastest means of communication, said department of the date and the manner of transmittal of the Minutes of Canvass. aSAHCE ARTICLE III Procedures for Canvassing/Consolidation SEC. 27. Preliminaries to Canvassing. Before the canvassing begins, the BOC shall observe the following procedures: a) Show to the public and the watchers present that the CCS box is sealed; b) Remove the plastic seal of the CCS box; c) Open the CCS box; d) Check whether the following are inside the CCS box: 1) CCS Laptop box which contains: i. Laptop; ii. Secure Digital (SD) card (installed); iii. Power cable of the laptop; DaTICc iv. Electrical adaptor of the laptop; v. SIM cards (number of SIM card will depend on the location); vi. Three (3) Universal Serial Bus (USB) Security Tokens with label; vii. USB Modem; and viii. USB Extension cable. 2) Four (4) envelopes with label each containing: i. One (1) system's username and password; and ii. Three (3) USB Tokens for each BOC member containing the username and the password. 3) Sealing kit to be used for pullout; 4) Extension Cord; 5) BOC Protocol; 6) Printer box: a) Printer (HP Laserjet P1006) b) Toner (installed) c) Power cable of the printer d) USB cable to connect the laptop and printer 7) BGAN Box (if applicable): a) BGAN Antenna; b) Battery; c) SIM Card (installed); IcHTED d) RJ 45 LAN cable; e) Electrical Extension; f) Power adapter; and g) Power Cable. 8) Memory Card Reader (if applicable);and 9) Yellow tie wraps; e) Retrieve the envelopes containing the system's username and password and the USB tokens for each member of the Board and distribute the same among themselves. The system's username and password shall be in the custody of the Chairman of the Board; and f) Retrieve the CCS laptop from its box and place the CCS laptop properly on top of the table. SEC. 28. Procedures for Canvassing. Immediately after convening, the Board shall receive from the RCG the envelope containing memory card for PCOS or CD from lower canvassing Board, as the case may be, and undertake the following canvassing procedures: a) INITIALIZATION PROCEDURES 1. The CCS Operator shall: i. Plug the power cord of the laptop to the extension cord; ii. Plug the extension cord to the electrical outlet or generator, when necessary; iii. Turn on the laptop by pressing the power button. The screen will display the WELCOME page of the CCS; iv. Click on "ENTER" button; v. Connect the USB modem extension cable to the USB port of the laptop; THaDEA vi. Install the available SIM card provided in the USB modem; vii. Connect the transmission medium ( e.g. ,USB modem, DSL, Satellite or BGAN) to the USB modem extension cable. Wait for one (1) minute; viii. Click on the network icon located at the lower right corner of the screen. Click the appropriate wireless provider. Wait until a message "CONNECTION ESTABLISHED" is displayed at the top of the screen; ix. If the USB modem cannot be established, and the BGAN kit is available: 1) Install the BGAN SIM card in the BGAN SIM card slot; 2) Install BGAN battery; 3) Connect the power adaptor to the 2-pin cord then to the electrical outlet. If needed, use the electrical extension cord; 4) Connect the power adaptor to the BGAN; 5) Connect the BGAN to the laptop using the network cable; 6) Place the BGAN to an outdoor location with a clear sight facing the sky; 7) Align the BGAN accordingly; 8) Turn on the BGAN by pressing the power ON button; 9) Ensure that the BGAN is connected to the satellite provider; (Follow installation procedure) and AHECcT 10) The connection icon on the lower right should indicate a successful network connection. "Eth0 Connected". x. If the connection cannot be established using USB modem or BGAN and VSAT or DSL is available: 1) Locate the RJ-45 cable with the provided service; 2) Plug RJ-45 cable at the Ethernet port at the back of the CCS laptop; 3) For VSAT ensure that the VSAT is connected to the satellite provider. (Follow installation procedure);and 4) The connection icon on the lower right should indicate a successful network connection. "Eth0 Connected". xi. Connect the printer cable to the USB port of the laptop and the power cable of the printer to the extension cord; xii. Turn on the printer by pressing the power button; xiii. Insert sufficient paper in the printer feeder; xiv. Click on "ENTER" button in the WELCOME page of the CCS. The LOG INTO THE SYSTEM screen will be displayed on the right top portion of the screen; xv. The CCS will require for the system's username and password. Request Chairman to enter the system's username and password in the space provided; xvi. Click "ACCEPT" button. The screen will display the "MASTER SWITCH" located on the right top portion of the screen; xvii. Request the Chairman to again enter the system's username and password in the space provided; xviii. Click "ACCEPT" button. The screen will display the dialogue box; xix. Request all the members of the Board, to insert their USB tokens in the USB slot of the laptop, one at a time, enter their usernames and security key passwords in the space provided. Thereafter, click "OK" button; xx. Wait until the "INITIALIZATION REPORT" is displayed; xxi. Print the "INITIALIZATION REPORT" by clicking the printer icon on the upper left corner of the PRINT PREVIEW page. Wait for the printer dialogue box to be displayed. Then click the "OK" button located at the lower right corner of the screen; CADHcI xxii. After printing the "INITIALIZATION REPORT",click on the "CONTINUE" button in the lower portion of the screen and wait for the WELCOME page to appear. 2. The members of the Board shall sign and affix their thumbmarks on the certification portion of the "Initialization Report"; 3. After signing and affixing their thumbmarks on the certification portion of the "INITIALIZATION REPORT",the Chairman shall show to the public the "INITIALIZATION REPORT";and 4. The Member-Secretary shall place the "INITIALIZATION REPORT" in the envelope intended for the purpose. b) STARTING THE CANVASSING After initializing the CCS, in the "WELCOME" page, the CCS operator shall: 1. Check and make sure that the CCS is still online; 2. Click on "ENTER" button; and 3. Request the Chairman to enter the system's username and password in the space provided and click on "ACCEPT" button. The screen will display the "HOME PAGE". c) MONITORING OF RESULTS The Board shall monitor which results have already been received by the system via electronic transmission or manually uploaded. I. C/MBOC 1. Click on the "MONITORING" option in the "HOME PAGE",then click on "MONITOR RESULTS TRANSMISSION". A list of barangays for the city/municipality shall be displayed with colored button beside the name of the barangay. The color of the button will determine the status of transmission of the specific barangay or polling center or clustered precinct/precinct. Red means that transmission has not yet started; Yellow means that transmission is on-going; Gray means that transmission is idle; and Green means that the transmission has been completed. CcTIAH 2. To monitor the transmission from a particular voting center under a barangay, click on the "BARANGAY NAME",and a list of voting centers will appear; 3. To monitor the transmission from a particular precinct/clustered precincts under a voting center, click on the VOTING CENTER where the precinct/clustered precincts concerned belong; and 4. To update the status of transmission from the PCOS or from a clustered precinct from time to time, click on the "UPDATE TRANSMISSION REPORT" button located at the bottom of the screen. II. PBOC/DBOC 1. Click on the "MONITORING" option in the "HOME PAGE",and then click on "MONITOR RESULTS TRANSMISSION"; A list of cities and municipalities in the province/district shall be displayed with colored button beside the name of the city/municipality. The color of the button will determine the status of transmission of the specific city/municipality. Red means that transmission has not yet started; Yellow means that transmission is on-going; Gray means that transmission is idle; and Green means that the transmission has been completed. 2. To monitor the transmission from a particular city/municipality, click on the city/municipality name and click canvassing station's name. The status of the results will be displayed; and 3. Update the transmission status from a city/municipal CCS from time to time, by clicking on the "UPDATE TRANSMISSION REPORT" button. AcSIDE III. RBOC 1. Click on the "MONITORING" option in the "HOME PAGE",and then click on "MONITOR RESULTS TRANSMISSION"; A list of provinces in the region shall be displayed with colored button beside the name of the city/municipality. The color of the button will determine the status of transmission of the specific city/municipality. Red means that transmission has not yet started; Yellow means that transmission is on-going; Gray means that transmission is idle; and Green means that the transmission has been completed. 2. To monitor the transmission from a particular province, click on the province and click the canvassing station's name. The status of the results will be displayed; and 3. Update the transmission status from time to time, by clicking on the "UPDATE TRANSMISSION REPORT" button. d) DISPLAY OF BARANGAY/MUNICIPAL/CITY/DISTRICT/PROVINCE/RESULTS This module allows the Board to generate and display a report result by contest. This can be executed only if requested by the candidates/political parties/citizens' arm. 1. Click on the "MONITORING" option in the "HOME PAGE",and then click on "REPORT RESULT"; 2. The CCS shall display the "REPORT RESULT" located at the right top portion of the screen; 3. Select the position to be viewed, then press "CONTINUE"; 4. The screen will display the names of the candidates of the position selected and the votes obtained by each candidate per barangay /municipal/city/province; 5. Click "BACK" and repeat numbers 3 to 4 for the other contests; and HSEIAT 6. Click "BACK" to return to the "HOME PAGE". e) IMPORTING OF UNTRANSMITTED RESULTS FROM PCOS/CCS FOR C/MBOC/PBOC/DBOC/RBOC In case the Board receives from the RCG an envelope labeled with "NOT TRANSMITTED",the Board shall open the said envelope, retrieve the memory card and give the same to the CCS Operator. I. C/MBOC The CCS Operator shall: 1. Attach memory card reader to the laptop; 2. Insert the main memory card in the main memory card reader; 3. Click on "ADMINISTRATION" in the "HOME PAGE" screen. Administration options will be displayed; 4. Click on "IMPORT RESULTS"; IDCcEa 5. Click on "BROWSE" button. The CCS will display the "FILE UPLOAD" dialogue box; 6. Click "CF CARD" at the left pane of the dialogue box; 7. Click "RESTRANS" file from the list of files at the right pane of the dialogue box and click on "OPEN" button; 8. Click "ACCEPT" button; 9. Wait until the processing is finished. HOMEPAGE will be displayed with a message, "THE ELECTION RETURN WAS SUCCESSFULLY PROCESSED",at the left top portion of the HOME PAGE screen; 10. Remove the main memory card from the memory card reader and return it to its original envelope and change its label to "TRANSMITTED"; All memory cards that have already been processed shall be submitted to the Election Officer for safekeeping. 11. Repeat steps 2 to 10 until all main memory cards contained in envelopes labeled "NOT TRANSMITTED" are processed; and 12. Remove the main memory card reader from the laptop. II. DBOC/PBOC/RBOC The Operator shall: 1. Insert the CD of a C/MBOC/PBOC, as the case may be, in the CD-ROM drive; 2. Click on "ADMINISTRATION" in the "HOME PAGE" screen. The CCS will display at the right top portion of the screen, "ADMINISTRATION"; 3. Click on "LOAD CCS RESULTS".The CCS will display dialogue box; ATHCac 4. Request any member of the Board to insert his USB token in the USB slot of the laptop, enter his username and security key password in the space provided. Thereafter, click "OK" button; 5. The CCS will display input box for "EML FILE"; 6. Click on "BROWSE" button. The CCS will display the "FILE UPLOAD" dialogue box; 7. Click "CDROM" on the left pane of the window; 8. Double click the name of the folder at the right pane of the window; 9. Double click on "EML" folder; 10. Click on the file named "station_tally.DD.MM.YYYY.HH.mm.ss" and click on the "OPEN" button; 11. Click on "ACCEPT" button; 12. Wait until the processing is finished; 13. Remove the CD; and 14. Repeat steps 2 to 13 until all the CD's labeled "NOT TRANSMITTED" are processed. f) GENERATION AND PRINTING OF REPORTS The CCS operator shall generate Canvass Report before generating and printing COC. For this purpose, the CCS operator shall: 1. Generation and Printing of Grouped Canvass Report Before a Certificate of Canvass can be generated and printed, the CCS operator must first generate and print a Grouped Canvass Report. For this purpose, the CCS operator shall: a. Click the "CANVASSING" option in the HOME PAGE; b. Click the "GROUPED CANVASS REPORT"; c. The CCS shall DISPLAY THE "GROUPED CANVASS REPORT" located at the right top portion of the screen; d. Click the checkbox beside the title "CONTEST/QUESTION/DELIBERATIVE ORGANIZATION" for the: i. "CONTEST PROCLAIMED" portion; and ii. "CONTEST PROCLAIMED BY OTHER BOARDS" portion. e. Click on "CONTINUE" button located at the bottom of the screen; SHIcDT f. The screen shall display "CITY/MUNICIPAL/DISTRICT/PROVINCIAL/REGIONAL CANVASS REPORT".Scroll down to view the votes obtained by each candidate; and g. Click on "CONTINUE" button located at the bottom portion of the screen and the screen will return to "HOMEPAGE". This Grouped Canvass Report can be generated from time to time. 2. Generation and Printing of Certificate of Canvass (COC). I. If all expected clustered precincts (for C/MBOC) or city/municipal results (for PBOC/DBOC) or provincial results (for RBOC) have been received, the Board shall generate the COC. For this purpose, the CCS operator shall: a. Click the "CANVASSING" option in the HOME PAGE; b. Click the "GROUPED CERTIFICATE OF CANVASS (COC)".A dialogue box will be displayed; c. Request all members of the Board, to insert their USB tokens, one at a time, enter their username and security key password in the space provided, and thereafter, click "OK" button; The CCS shall display the "GROUPED CERTIFICATE OF CANVASS (COC)" located at the right top portion of the screen. d. Click the checkbox beside the title "CONTEST/QUESTION/DELIBERATIVE ORGANIZATION" for the: i. "CONTEST PROCLAIMED PORTION";and ii. "CONTEST PROCLAIMED BY OTHER BOARDS". e. Click on "CONTINUE" button located at the bottom of the screen; f. The CCS shall generate the COC and then display "CITY/MUNICIPAL/DISTRICT/PROVINCE COC".Scroll down to view the COC; g. Print the COC by clicking on the printer icon, then type "30" in space provided for the number of copies to be printed. Then click "OK"; h. Click on "CONTINUE" button located at the bottom portion of the screen; and the screen will return to the "HOMEPAGE". EHSADa If the CCS remains idle for 60 seconds, a dialogue box will be displayed requiring the insertion of the three (3) security tokens in the USB slot. The Board shall, insert their USB tokens, one at a time, enter their username and security key password in the space provided and thereafter, click "OK" button . 3. Lowering of Threshold I. If not all of the expected results are received, the MBOC/CBOC shall verify from the BEI concerned the reason for the non-transmittal of the results. Likewise, the PBOC shall verify from the MBOC/CBOC concerned the reason for the incomplete or non-transmittal of the municipal/city results. If, based on the verification, it becomes clear that there is no way that the lacking results can be transmitted to the MBOC/CBOC/DBOC/PBOC, as the case may be, and said results will no longer affect the result of the election in a particular position, the Board shall, generate and print the certificate of canvass by position. For this purpose, the Chairman of the Board, through the CCS operator shall: a) Call the National Support Center (NSC); b) Ask authority to lower the threshold and the reason thereof. If approved, the NSC shall issue the "ADMIN USERNAME AND PASSWORD",for lowering the threshold. The Member-Secretary shall enter such fact in the Minutes. The CCS operator shall: c) Go to the WELCOME PAGE of the CCS then click "ENTER";The LOG INTO THE SYSTEM screen will be displayed on the right top portion of the screen; aSDHCT d) Request the Chairman of the Board to enter the admin username and password in the space provided; e) Click "ADMINISTRATION"; f) Click "PARAMETERS CONTEST"; g) Enter the "CONTEST" whose threshold will be lowered. The CCS will require for the password(s) of the position(s) whose threshold will be lowered; h) Enter in the column for GENERATED PASSWORD and opposite the CONTEST(s) whose threshold will be lowered, the PASSWORD, and then click "VALIDATE PASS".The field for the "remaining number of registered voters will be activated"; i) Enter the remaining number of registered voters to be canvassed in the column "NUMBER OF REGISTERED VOTERS THAT MAY BE LEFT OUT OF THE COC"; j) Enter "SAVE CHANGES".The screen at the upper left portion will show that "CHANGES SAVED SUCCESSFULLY"; k) Press "EXIT",and the screen will return to the WELCOME PAGE; l) Click on "ENTER" button in the WELCOME PAGE of the CCS. The LOG INTO THE SYSTEM screen will be displayed on the right top portion of the screen; m) Click the "CANVASSING" option in the HOME PAGE; CDAcIT n) Click the "GROUPED CERTIFICATE OF CANVASS (COC)".A dialogue box will be displayed; o) Request all members of the Board, one at a time, to insert their USB token, type their username and security key password in the space provided. Thereafter, click "OK"' button; The CCS shall display the "GROUPED CERTIFICATE OF CANVASS (COC)" located at the right top portion of the screen; p) Click the checkbox of the contest(s) whose threshold(s) was/were lowered beside the: i. "CONTEST PROCLAIMED PORTION";and ii. "CONTEST PROCLAIMED BY OTHER BOARDS". q) Click on "CONTINUE" button located at the bottom of the screen; The CCS shall generate the COC and then display "CITY/MUNICIPAL/DISTRICT/PROVINCE COC".Scroll down to view the COC; r) Print the COC by clicking on the printer icon, then type "30" in space provided for the number of copies to be printed. Then click "OK"; s) Click on "CONTINUE" button located at the bottom portion of the screen; and the screen will return to the "HOMEPAGE". EDIaSH If the CCS remains idle for 60 seconds, a dialogue box will be displayed requiring the insertion of the three (3) security tokens in the USB slot. The Board shall, insert their USB tokens, one at a time, enter their username and security key password in the space provided and thereafter, click "OK" button . II. If, based on the verification, it becomes clear that there is no way for the lacking results to be transmitted to the MBOC/CBOC/DBOC or PBOC, as the case may be, and said results will affect the standing of the candidates in a particular position, the Board shall, upon approval of the Commission, can * lower the threshold by following the above procedures. g) TRANSMISSION ON RESULTS After generating and printing the COCs for all positions and announcing the results, the Board, through the CCS operator, shall immediately transmit the COCs to the Canvassing Boards concerned. The CCS operator shall: 1. Click the "ADMINISTRATION" option from the "HOMEPAGE"; 2. Click "TRANSMIT RESULTS" option in the HOME PAGE. A dialogue box will be displayed; 3. Request any member of the Board, to insert his USB token, enter his username and security key password in the space provided, and thereafter, click "OK" button; The CCS shall display the "TRANSMIT RESULTS" located at the right top portion of the screen; 4. Click the checkbox beside the title "CONTEST/QUESTION/DELIBERATIVE ORGANIZATION" for the: i. "CONTEST PROCLAIMED" portion; ii. "CONTEST PROCLAIMED BY OTHER BOARDS" portion; SEHaDI If the Board generated the COCs for selected CONTEST(s) as a result of lowering the threshold, only the results for said selected CONTESTs will be transmitted. For this purpose, the CCS operator instead of checking the checkbox beside the title "CONTEST/QUESTION/DELIBERATIVE ORGANIZATION",he shall only check the checkbox of the CONTEST(s) to be transmitted beside the: i. "CONTEST PROCLAIMED" portion; and ii. "CONTEST PROCLAIMED BY OTHER BOARDS" portion. 5. Click on "CONTINUE" button located at the bottom portion of the screen; Wait until all contests are listed on top of the screen with a message "SUCCESSFULLY TRANSMITTED"; cTIESD 6. Click "ACCEPT" button. A dialogue box will be displayed requiring the insertion of a security token in the USB slot. 7. Request any member of the Board to insert his USB token, enter his username and security key password in the space provided, and thereafter, click "OK" button; and The CCS will automatically display the "HOMEPAGE". h) GENERATION AND PRINTING OF CONSOLIDATED STATEMENT OF VOTES (SOV) 1. Click the "CANVASSING" option in the HOME PAGE; 2. Click the "CONSOLIDATED STATEMENT OF VOTES (SOV)".A dialogue box will be displayed; 3. Request any two (2) members of the Board, to insert their security tokens in the USB slot, one at a time, enter their username and security key password in the space provided, and thereafter, click "OK" button; The CCS shall display the "CONSOLIDATED STATEMENT OF VOTES (SOV)" located at the right top portion of the screen. 4. Click the checkbox beside the title "CONTEST/QUESTION/DELIBERATIVE ORGANIZATION",if the SOV for all contests shall be generated, for the: a. "CONTEST PROCLAIMED" portion; and b. "CONTEST PROCLAIMED BY OTHER BOARDS" portion. If the SOV for selected contest(s) will be generated, the CCS Operator shall only check the checkbox of the CONTEST(s) beside the: i. "CONTEST PROCLAIMED" portion; and HETDAa ii. "CONTEST PROCLAIMED BY OTHER BOARDS" portion. 5. Click on "CONTINUE" button located at the bottom portion of the screen; 6. Wait until the print preview of the SOV is displayed. Click on the printer icon, then type "1" in the space provided for the number of copies. Then click "OK";and 7. Click "CONTINUE" button, and the CCS will return to HOMEPAGE. If the CCS remains idle for 60 seconds, a dialogue box will be displayed requiring the insertion of the two (2) security tokens in the USB slot. Any two (2) members of the Board shall, insert their USB tokens, one at a time, enter their username and security key password in the space provided and thereafter, click "OK" button . i) GENERATION OF CERTIFICATE OF CANVASS AND PROCLAMATION The CCS operator shall: 1. Click the "CANVASSING" option in the HOME PAGE; 2. Click the "CERTIFICATE OF CANVASS AND PROCLAMATION".A dialogue box will be displayed; 3. Request all members of the Board, to insert their USB tokens, one at a time, enter their username and security key password in the space provided, and thereafter, click "OK" button; The screen for "CERTIFICATES OF CANVASS AND PROCLAMATION (COCP)" will be displayed. 4. Click on the specific position to generate its COCP; The screen will display the list of candidates with corresponding votes arranged from highest to lowest. 5. Click "ACCEPT" button. A dialogue box will be displayed. ADSTCa 6. Request all members of the Board, to insert their USB tokens, one at a time, enter their username and password in the space provided, and thereafter, click "OK" button; a. In case there are no candidates receiving the same number of votes for a position, the screen will display the list of names of candidates for said position arranged in the order depending on the votes garnered from highest to lowest. Click "ACCEPT" button located at the bottom of the screen. The CCS shall generate COCP. b. In case there are candidates receiving the same number of votes for the same position, the Board immediately * notify the said candidates to appear before them for the drawing of lots to break the tie. The drawing of lots should be conducted within one (1) hour after issuance of notice by the Board to the candidates concerned. For this purpose, the candidates or their representatives for municipal/city or Member, House of Representatives positions, in the case of MBOC/CBCOC/DBOC, or the candidates or their representatives for provincial positions, Member, House of Representatives, and ARMM Regional Assemblyman, in the case of PBOC, or the candidates for Regional Governor and Vice-Governor, in the case of ARMM RBOC, are hereby required to be present at all stages of the canvass. After the Board has determined the winner/s, the Board shall proceed with the hereunder procedures. In case of tie, the screen will display: a. The list of names of candidates for said position arranged in the order depending on the votes garnered from highest to lowest; DIESHT b. A radio button at the rightmost column of the same row with the name of the candidates; The Board shall ask the CCS operator to: a. Arrange the order of the name of the candidate in the list based on the result of the drawing of lots, using the radio button; b. Click on the radio button located at the same row with the candidate name to move up the name of the winning candidate, if needed; c. Click on the "MOVE UP" button. After completing the arrangement of winners with a tie votes; * d. Click on the box beside the command "ACCEPT DEFINED ORDER" located at the top of the screen; e. Click on the "ACCEPT" button. The screen will display the list of names of candidates for said position arranged in the order selected; f. Click "ACCEPT" button. The CCS shall display the names of winning candidates arranged in the order selected and generate COCP, then proceed to procedure number 7 hereof. The candidate who won in the drawing of lots and so proclaimed shall have the right to assume office in the same manner as if he had been elected by plurality of votes. 7. Click "PRINT" button found at the bottom of the screen. A dialogue box will be displayed. 8. Request all members of the Board, to insert their USB tokens, one at a time, enter their username and security key password in the space provided. Thereafter, click "OK" button; The print preview of the COCP will be displayed. 9. Click on the printer icon, and then type "the number of copies" in the space provided for the number of copies. Then click "OK"; 10. After printing the COCP, click "CONTINUE",and the screen will return to the HOMEPAGE. Repeat procedures 1 to 11 until all positions are generated with COCP. If the CCS remains idle for 60 seconds, a dialogue box will be displayed requiring the insertion of the three (3) security tokens in the USB slot. The Board shall, one at a time, insert their USB tokens, enter their username and security key password in the space provided and thereafter, click "OK" button . j) PRINTING OF AUDIT LOG The CCS operator shall: 1) Click the "EVENTS LOG" option in the HOMEPAGE; 2) Click "VIEW/PRINT LOGS REPORT" option. A dialogue box will be displayed requiring the insertion of a security token in the USB slot; STDEcA 3) Request any member of the Board to insert his USB token, enter his username and security key password in the space provided. Thereafter, click "OK" button; 4) The screen will display the logs of the CCS; 5) Click the PRINT button at the bottom of the screen; 6) Click the printer icon and press OK button; 7) Click CONTINUE button and the screen will return to HOMEPAGE. k) BACK-UP After all the results have been successfully transmitted, the CCS Operator shall: 1. Insert a blank disc in the CD drive; 2. Click the "ADMINISTRATION" in the HOME PAGE; 3. Click "BACK-UP RESULTS"; 4. A dialogue box will be displayed requiring the insertion of two (2) security tokens in the USB slot. Request any two (2) members of the Board to insert, one at a time, their USB tokens, enter the username and security key password in the space provided. Thereafter, click "OK" button; 5. Wait until the back-up process is finished; 6. The CCS will display the list of positions with reports generated and a message "SUCCESSFULLY PROCESSED CD BACKUP REQUEST" at the top of the screen; 7. Click "ACCEPT" button. A dialog box will be displayed. Request any two (2) members of the Board to insert, one at a time, their USB tokens, type their username and security key password in the space provided. Thereafter, click "OK" button and the "HOMEPAGE" will be displayed; AcTDaH 8. Remove the CD from the CD drive; a) Place inside an envelope provided for the purpose and seal the same; b) Label the envelope with "TRANSMITTED" or "NOT TRANSMITTED" to show whether the results are transmitted or not; c) Indicate in the envelope the city/municipality and province; and d) Sign the envelope; (Note: The CD shall be used by the Boards in case of failure of transmission) 9. Repeat steps 1 to 8 to back-up the files in two (2) additional discs. 10. Turn-Over the envelopes containing the CDs to the Chairman of the Board; 11. Submit to the Reception and Custody Group of the Provincial Board of Canvassers (for C/MBOC)/National Board of Canvassers (for PBOC)/Regional Board of Canvassers (for ARMM PBOC). The two duly sealed envelopes containing the two (2) CDs used to back-up the city/municipal or provincial or regional results shall be submitted to the PBOC and Commission. l) SHUTTING DOWN OF THE CCS After printing of all the reports and transmission of the municipal/city/district/provincial results to all destinations, the following shall be undertaken: 1. Click on the "EXIT" option in the '"HOMEPAGE"; 2. Press the power button. The screen will display a message "SHUT DOWN THE COMPUTER"; cEHITA 3. Click on the "SHUTDOWN" button; 4. Turn-over CCS laptop to the Technician. m) POST PRINTING ACTIVITIES Immediately after printing copies of the COCs, and SOVs, the Board shall: 1. Affix their signatures and thumb marks on the printed COCs, SOVs and COCP; 2. Ask the watchers present to affix their signatures and thumb marks on the printed COCs, SOV and COCP; 3. The Chairman of the Board shall publicly announce the total number of votes received by each candidate, stating their corresponding offices; 4. The Member-Secretary shall announce the posting of the COCs on the wall within the premises of the canvassing area; and 5. The Member-Secretary shall place in the corresponding envelopes with paper seals all reports. n) PROCLAMATION OF THE WINNING CANDIDATES A candidate who obtained the highest number of votes shall be proclaimed by the Board, except for the following: 1. In case the certificate of candidacy of the candidate who obtains the highest number of votes has been cancelled or denied due course by a final and executory Decision or Resolution, the votes cast for such candidate shall be considered stray, hence, the Board shall proceed to proclaim the candidate who obtains the second highest of number votes, provided, the latter's certificate of candidacy has not likewise been cancelled by a final and executory Decision or Resolution; HcTIDC 2. In case a candidate has been declared a nuisance candidate by final and executory Decision or Resolution, the votes cast for the nuisance candidate shall be added to the candidate who shares the same surname as the nuisance candidate and thereafter, the candidate who garnered the highest number of votes shall be proclaimed; In case of two or more candidates having the same surnames as the nuisance candidate, the votes cast for the nuisance candidate shall be considered as stray votes and shall not be credited to any candidate; In case the nuisance candidate does not have the same surname as any candidate for the same position, the votes cast for the nuisance candidate shall be considered as stray votes; and 3. In case a candidate has been disqualified by a final and executory Decision or Resolution and he obtains the highest number of votes cast for a particular position, the Board shall not proclaim the candidate and the rule of succession, if allowed by law shall be observed. In case the position does not allow the rule of succession under Republic Act No. 7160, the position shall be deemed vacant. In all cases, a Decision or Resolution is deemed final and executory if, in case of a Division ruling, no motion for reconsideration is filed within the reglementary period, or in cases of the ruling of the Commission En Banc, no restraining order was issued by the Supreme Court within five (5) days from receipt of the Decision or Resolution. In cases where a Petition to Deny Due Course or Cancel a Certificate of Candidacy, Declare a Nuisance Candidate, or for Disqualification remains pending with the Commission on the day of canvassing and no order of suspension of proclamation is issued by the Commission En Banc or Division where said Petition is pending, the Board shall proceed to proclaim the winner. ScaAET In cases where the generated/printed COCP does not reflect the true winner for a particular position by reason of the circumstances stated above, the Board is authorized to effect the necessary correction on the entry for said position, to reflect the true winner as determined in accordance with the foregoing rules, provided all the members of the Board countersign such entry. Such fact shall be entered in the Minutes. ARTICLE IV Distribution of the COCs, COCPs and SOVs SEC. 29. Distribution of COCs and SOVs. Upon completion of the canvass, the Boards shall distribute the COCs and SOVs, as follows: a) In case of MBOC/CBOC: 1. The first copy shall be delivered to the PBOC for use in the canvass of election results for senators, members of the House of Representatives, parties, organizations or coalitions participating under the party-list system, and elective provincial officials; 2. The second copy shall be sent to the Commission; 3. The third copy shall be kept by the chairman of the board; 4. The fourth copy shall be given to the PPCRV as the citizens' arm designated by the Commission to conduct an unofficial count. It shall be the duty of the PPCRV to furnish independent candidates copies of the COC at the expenses of the requesting party; 5. The fifth copy shall be posted on a wall within the premises of the canvassing center and shall be supported by a Statement of Votes by precinct; 6. The sixth copy and seventh copies shall be given to the dominant majority and minority parties; CDAEHS 7. The eighth to seventeenth copies shall be given to the ten (10) accredited major national parties, excluding the dominant majority and minority parties, in accordance with a voluntary agreement among them. If no such agreement is reached, the Commission shall decide which parties shall receive the copies on the basis of the criteria provided in Section 26 of Republic Act No. 7166; 8. The eighteenth and nineteenth copies shall be given to the two accredited major local parties in accordance with a voluntary agreement among them. If no such agreement is reached, the Commission shall decide which parties shall receive the copies on the basis of criteria analogous to that provided in Section 26 of Republic Act No. 7166; 9. The twentieth to the twenty-fourth copies, to national broadcast or print media entities as may be equitably determined by the Commission in view of propagating the copies to the widest extent possible; 10. The twenty-fifth and twenty-sixth copies, to local broadcast or print media entities as may be equitably determined by the Commission in view of propagating the copies to the widest extent possible; and 11. The twenty-seventeenth to the thirtieth copies, to the major citizens' arms, including the accredited citizens' arm, and other non-partisan groups or organizations enlisted by the Commission pursuant to Section 52 (k) of Batasan Pambansa Blg. 881. Such citizens' arm, groups and organizations may use the three certified copies or ERs for the conduct of citizens' quick counts at the local or national levels. The first, second and third copies of the COC shall be supported by the CDs used to back-up the municipal/city consolidated results and shall be placed individually in a duly sealed envelope. For this purpose, the Board shall accomplish the certification marked as "ANNEX A". IHCSTE b) In case of PBOC or CBOC of cities comprising one or more legislative districts, and DBOC: 1. The first copy shall be sent to the Commission for use in the canvass of the election results for senators; 2. The second copy shall be kept by the chairman of the board; 3. The third copy shall be given to the PPCRV as the citizens' arm designated by the Commission to conduct an unofficial count. It shall be the duty of the citizens' arm to furnish independent candidates copies of the COC at the expense of the requesting party; 4. The fourth copy to be posted on a wall within the premises of the canvassing center and shall be supported by a Statement of Votes by precinct, in the case of CBOC of cities with one or more legislative district or Statement of Votes by city/municipality in the case of PBOC/DBOC; 5. The fifth and sixth copies to the dominant majority and minority parties; 6. The seventh and eighth copies to two accredited major national parties representing the majority and minority, excluding the dominant majority and minority parties, to be determined by the Commission on the basis of the criteria provided in Section 26 of Republic Act No. 7166; 7. The ninth to eleventh copies to national broadcast media entities as may be equitably determined by the Commission in view of propagating the copies to the widest extent possible; and 8. The twelfth copy to another citizens' arm or in the absence thereof, to a non-partisan group or organization enlisted by the Commission pursuant to Section 52 (k) of Batas Pambansa Blg. 881. Such citizens' arm or non-partisan group or organization may use the copy of election return for the conduct of citizens' quick count. cTEICD The first and second copies of the COC shall be supported by the CDs used to back-up the city/provincial/district consolidated results, and shall be placed individually in a duly sealed envelope. For this purpose, the Board shall accomplish the certification marked as "ANNEX A". c) In Case of RBOC: 1. The first copy, to the Regional Board of Canvassers; 2. The second copy, to the Election Records and Statistics Department, Commission on Elections, Manila; 3. The third copy, to the Chairman of the Provincial Board of Canvassers; 4. The fourth copy, to the PPCRV, the citizen's arm designated by the Commission; 5. The fifth copy, to the dominant majority party as determined by the Commission; 6. The sixth copy, to the dominant minority party as determined by the Commission. SEC. 30. Distribution of COCP and SOVs. The Board shall generate and print sufficient copies of the COCP and one (1) copy of the SOV to be distributed as follows: a) MBOC/CBOC 1. To the Election Records and Statistics Department (ERSD) of the Commission; 2. To be posted on the bulletin board of the municipal hall, supported by SOVP; DAEICc 3. To the Chairman, MBOC/CBOC; 4. To the Secretary, Sangguniang Bayan/Panlungsod; 5. To the Municipal Treasurer; 6. To a winning Candidate for Mayor; Winning Candidate for Vice-Mayor; and 7. To each winning Candidate for members of the Sangguniang Bayan/Panlungsod. b) FOR CBOC IN CITIES COMPROMISING * ONE OR MORE LEGISLATIVE DISTRICTS/HIGHLY URBANIZED CITIES 1. For winning candidate for Congressman/Member of House of Representatives: a) To the ERSD of the Commission; b) To be posted on the bulletin board of the city hall, supported by SOVP; c) To be kept by the Chairman of the Board; d) To the Regional Election Director; e) To the Secretary-General of the House of Representatives; and f) To the winning candidate. 2. For Winning Candidates for City Offices a) To the Secretary of the Sangguniang Panlungsod; b) To the Chairman, CBOC; c) To the ERSD of the Commission; d) To the City Treasurer; e) To the Regional Election Director; f) To each of the winning candidates proclaimed; and g) To be posted on the bulletin board of the city hall, supported by SOVP. c) PBOC 1. To the ERSD of the Commission; 2. To the Chairman of the PBOC; 3. To the Secretary of the Sangguniang Panlalawigan; 4. To the Regional Election Director; and 5. To each of the winning candidates. EHTSCD d) RBOC 1. To the ERSD of the Commission; 2. To the Chairman, Regional Board of Canvassers; 3. To the Secretary, Regional Assembly; 4. To the Secretary of the DILG; and 5. To the Winning Candidates for Regional Governor and Vice-Governor. ARTICLE V Post Canvassing Procedures SEC. 31. Delivery of the Certificate of Canvass. The Chairman of the Board shall personally deliver by fastest means the hard copies of COCs and SOVs including the back-up CDs to the following: a) In case of MBOC/CBOC: aCIHAD 1. To the PBOC, a copy of the Certificate of Canvass for Senator, Party-List, Member, House of Representatives, Governor, Vice-Governor and Sangguniang Panlalawigan and Regional Governor, Vice-Governor and Regional Assemblyman for ARMM; b) In case of PBOC, CBOC in cities comprising two or more legislative districts, and DBOC: 1. To the Commission sitting as the National Board of Canvassers for Senator and Party-List; 2. To the RBOC, for Regional Governor and Vice-Governor for ARMM. SEC. 32. Safekeeping of Hard Copies of ERs or COCs, Back-up and CCS. The Board shall place the ERs/COCs in ballot boxes that shall be locked with two (2) serially numbered self-locking seals. The serial numbers of every 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 door to 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. ARTICLE VI Election Offenses; Electoral Sabotage SEC. 33. Election Offenses; Electoral Sabotage. In addition to the prohibited acts and election offenses mentioned herein and those enumerated in Sections 261 and 262 of Batas Pambansa Blg. 881, as amended, Republic Act 7166, as amended, and other related election laws, the following shall be guilty of an election offense: a) Any person who removes the COC posted on the wall, whether within or after the prescribed forty-eight (48) hours of posting, or defaces the same in any manner; cCaSHA b) Any person who simulates an actual COC or statement of votes, or a print or digital copy thereof; c) Any person who simulates the certification of a COC or statement of votes; d) The Chairman or any member of the Board of Canvassers who, during the prescribed period of posting, removes the COC or its supporting statement of votes from the wall on which they have been posted other than for the purpose of immediately transferring them to a more suitable place; e) The chairman or any member of the Board of Canvassers who signs or authenticates a print of the COC or its supporting statement of votes outside of the polling place; f) The Chairman or any member of the Board of Canvassers who signs or authenticates a print which bears an image different from the COC or statement of votes produced after counting and posted on the wall. Further, the following shall be guilty of a special election offense to be known as electoral sabotage: g) Any person or member of the Board of Election Inspectors or Board of Canvassers who tampers, increases or decreases the votes received by a candidate in any election or any member of the Board who refuses, after proper verification and hearing, to credit the correct vote or deduct such tampered votes: Provided, however, That when the tampering, increase or decrease of votes or the refusal to credit the correct votes and/or to deduct tampered votes are perpetrated on a large scale or in substantial numbers, the same shall be considered, not as an ordinary election offense under Section 261 and/or 262 of the Omnibus Election Code, but a special election offense to be known as electoral sabotage and the penalty to be imposed shall be life imprisonment. The act or offense committed shall fall under the category of electoral sabotage in any of the following instances: DcIHSa 1. When the tampering, increase and/or decrease of votes perpetrated or the refusal to credit the correct votes or to deduct tampered votes, is/are committed in the election of a national elective office which is voted upon nationwide and the tampering, increase and/or decrease of votes, refusal to credit the correct votes or to deduct tampered votes, shall adversely affect the results of the elections to the said national office to the extent that losing candidate/s is/are made to appear the winner/s; 2. Regardless of the elective office involved, when the tampering, increase and/or decrease of votes committed or the refusal to credit the correct votes on to deduct tampered votes perpetrated, is accomplished in a single election document or in the transposition of the figures/results from one election document to another and involved in the said tampering increase and/or decrease or refusal to credit correct votes or deduct tampered votes exceed five thousand (5,000) votes, and that the same adversely affects the true results of the election; and 3. Any and all other forms of tampering, increase/s and/or decrease/s of votes perpetuated or in case of refusal to credit the correct votes or deduct the tampered votes, where the total votes involved exceed ten thousand (10,000) votes. IHCSTE Any and all other persons or individuals determined to be in conspiracy or in connivance with the members of the BEIs or BOCs involved, shall be meted the same penalty of life imprisonment. ARTICLE VII Effectivity and Dissemination SEC. 34. Effectivity. This Resolution shall take effect on the seventh (7th) day following its publication in two (2) daily newspapers of general circulation in the Philippines. SEC. 35. Dissemination. The Education and Information Department shall cause the publication of this Resolution in two (2) daily newspapers of general circulation in the Philippines and to furnish the Department of Justice, Department of Education, the Department of Finance, all Regional Election Directors, Provincial Supervisors and Election Officers, and City/Provincial/Division and City Superintendent of Schools and the City/Municipal Treasurers with the copies of this Resolution. SO ORDERED. (SGD.) SIXTO S. BRILLANTES, JR. Chairman (SGD.) LUCENITO N. TAGLE Commissioner (SGD.) ELIAS R. YUSOPH Commissioner (SGD.) CHRISTIAN ROBERT S. LIM Commissioner (SGD.) MARIA GRACIA CIELO M. PADACA Commissioner