General Instructions for the Board of Canvassers (BOC) on the Constitution, Composition and Appointment; Consolidation/Canvass; and Transmission of Votes/Canvass in Connection with the 09 May 2022 National and Local Elections
OCA Circular No. 40-2022 provides guidelines for the Board of Canvassers (BOC) in connection with the May 9, 2022, National and Local Elections. It outlines the constitution, composition, and appointment procedures for the BOC, emphasizing that Clerks of Court serve only as substitutes, not regular members. The circular specifies a hierarchy for appointing substitutes in case of absence or disqualification of the BOC members, with particular roles designated for Provincial, City, and Municipal Board of Canvassers. The guidelines aim to ensure a smooth and organized canvassing process for the elections.
February 24, 2022
OCA CIRCULAR NO. 40-2022
| TO | : | The Executive Judges, the Designated Election Court Judges, and the Clerks of Court of the First and Second Level Courts |
| SUBJECT | : | General Instructions for the Board of Canvassers (BOC) on the Constitution, Composition and Appointment; Consolidation/Canvass; and Transmission of Votes/Canvass in Connection with the 09 May 2022 National and Local Elections |
For the information, guidance and strict observance of all executive judges, designated election court judges, and clerks of court of the first and second level courts, appended herein as Annex "A" is the copy of the Commission on Elections (COMELEC) Resolution No. 10731 dated 17 November 2021 entitled General Instructions for the Board of Canvassers (BOC) on the Constitution, Composition and Appointment; Consolidation/Canvass; and Transmission of Votes/Canvass in Connection with the 09 May 2022 National and Local Elections.
Particular attention should be given to Sec. 5 of the guidelines which provides that Clerks of Court are considered only as substitutes, not regular members, of the Provincial Board of Canvassers (PBOC), City Board of Canvassers (CBOC), or Municipal Board of Canvassers (MBOC), and their appointment as substitutes is done in order of preference listed therein, to wit:
SEC. 5. Substitution of Chairperson and Members of the BOC. — In case of non-availability, absence, disqualification due to relationship, or incapacity for any cause of the Chairperson and Members of the BOC, the following shall appoint the substitute:
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With respect to other members of the BOC, the following shall be appointed substitute in the following order of preference:
In the case of the PBOC:
1. The Provincial Auditor;
2. The Register of Deeds;
3. The Clerk of Court nominated by the Executive Judge of the Regional Trial Court; and
4. Any other available appointive provincial official.
In the case of the CBOC, the officials in the city corresponding to those enumerated above.
In the absence or disqualification of the Vice-Chairperson of the MBOC:
1. The Municipal Administrator;
2. The Municipal Assessor;
3. The Clerk of Court of the Municipal Trial Court; or
4. Any other available appointive municipal officials. (emphasis supplied)
(SGD.) RAUL BAUTISTA VILLANUEVADeputy Court Administrator
ATTACHMENT
COMELEC Resolution No. 10731