RESOLUTION No. 6117

      Art. 67. Special Board of Canvassers. - There shall be a Special Board of Canvassers (the "SBOC") in each country where the votes are actually cast, to canvass the Overseas Absentee Voting Election Returns and prepare the Overseas Absentee Voting Certificate of Canvass.

      The SBOC shall be composed of a lawyer preferably from the Commission, retired members of the Judiciary or lawyers from the private sector, or a lawyer of any of the Philippine government agencies maintaining a post abroad, as Chairman, a senior career officer of any of the Philippine government agencies maintaining a post abroad, and in the absence of another government officer, a citizen of the Philippines qualified to vote under the Overseas Absentee Voting Act of 2003, as Vice-Chairman and Member-Secretary, respectively, to be appointed by the Commission. The Chairman of the Committee may appoint them given the time constraint subject to the confirmation of the Commission.

      The Chairman and the members of the SBOC shall not be related within the fourth civil degree of consanguinity or affinity to any member of the same SBOC or to any of the candidates for President, Vice-President and Senator, and to any of the nominees for the party-list system of representation.

      For this purpose, the Committee shall submit a list of the officials for appointment as Chairman and members of the SBOC. Likewise, the Ambassador or the highest Philippine foreign service official and the highest official of any of the Philippine government agencies maintaining a post in the host country shall, not later than January 31, 2004, submit to the Commission through the Committee a list of the officials for appointment as Chairman and members of the SBOC.

      In case of the non-availability, absence, disqualification due to relationship or incapacity for any cause of the member of the Philippine Bar appointed/to be appointed as Chairman of the SBOC, the Commission, through the Chairman of the Committee, may appoint from the ranks of officers above-mentioned.

      For the May 10, 2004 elections, the SBOC shall be constituted not later than April 25, 2004.

      A majority vote of all the members of the SBOC shall be necessary to render a decision. All resolutions of the SBOC on issues brought before it must bear the attestation of its Chairman.

      Art. 68. Contested composition or proceedings of the SBOC. - Questions affecting the composition or proceedings of the SBOC may be initiated in the SBOC or directly with the Commission.

      When the composition or proceedings of the SBOC are contested, the SBOC shall, within twenty-four (24) hours, make a ruling thereon with notice to the contestant.

      Parties adversely affected by a ruling of the SBOC on questions affecting the composition or proceedings of the SBOC may appeal the matter to the Commission within three (3) days from the date of the ruling.

      Art. 69. Powers of the SBOC. - The SBOC 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 refuses to obey any lawful order of the SBOC or shall conduct himself in a disorderly manner as to disturb or interrupt its proceedings, the SBOC may order in writing any Philippine law enforcement officer to take such person into custody until adjournment of the meeting. In the absence of any such law enforcement officer, any other competent and able Filipino citizen deputized by the SBOC in writing may execute such order.

      Art. 70. Supervision and control over the special board of canvassers. - The Commission shall have direct control and supervision over the SBOCs.

      Any member of the SBOC may, at any time, be relieved for cause and substituted motu proprio by the Commission, through the recommendation of the Chairman of the Committee.

      Art. 71. Prohibition against leaving official station. - Beginning five (5) days before the day of the election until the completion of the canvass, the Chairman, Vice-Chairman and Member-Secretary of the SBOC or their substitutes, shall not be transferred, assigned or detailed outside of their official station, or leave their official station, without prior authority of the Commission.

      Art. 72. Feigned illness. - Any member of the SBOC feigning illness in order to be substituted shall be guilty of an election offense.

      Art. 73. Absence of a regular member. - In case a regular member of the SBOC is absent, the member(s) 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/her whereabouts are unknown, he shall be substituted. These facts shall be recorded in the Minutes of the SBOC. As soon as the absent member appears, the substitute member shall relinquish his/her seat in favor of the regular member.

      Art. 74. Incapacity of regular member. - In case of sickness or serious injury of a regular member of the SBOC, 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 SBOC.

      Art. 75. Place of canvassing. - The votes shall be canvassed within the premises of the embassies, consulates and other foreign service establishments, or in such other places designated by the Commission.

      Art. 76. Manner of canvass. - The canvass shall be conducted in public and without interruption in the canvassing place designated by the Commission.

      Art. 77. Notice of canvass. - The Chairman of the SBOC shall, not later than five (5) days before the day of the election, notify his/her Vice-Chairman and Member-Secretary of the date, time and place of the canvass.

      The Commission through the Committee shall, within the same 5-day period, give notice to the candidates, political parties and parties, associations or organizations participating in the party-list system of elections and the accredited citizens' arms of the date, time and place of canvass, for and in behalf of the Chairman of each SBOC.

      Art. 78. Convening of the Special Board of Canvassers. - The SBOC shall convene at 6:00 o'clock in the afternoon, Philippine time, of the day of the election in the designated place to receive the Overseas Absentee Voting Election Returns, and immediately canvass the same in the order of their receipt.

      Return to be canvassed, the SBOC shall adjourn to await the availability of the Overseas Absentee Voting Election Returns.

      Art. 79. Minutes of the Special Board of Canvassers. - The SBOC shall prepare two (2) copies of its Minutes and enter therein all the data required and all acts as they occur, for distribution as follows:

1. First copy to the Commission; and
   
   
2. Second copy to be retained by the SBOC.

      The first copies of the Minutes of Canvassing for the Commission shall be in the custody of the Law Department of the Commission.

      Art. 80. Objections. - All objections raised during the canvassing shall be duly noted in the Minutes of the SBOC.

      Art. 81. Submission of the minutes of the proceedings of the SBOC. - Within forty-eight (48) hours from the termination of canvass, the Member-Secretary of the SBOC shall submit to the Commission through the Committee the Minutes of the Canvass by facsimile or electronic mail, to be followed by a certified copy thereof. Within the same period, the SBOC shall send a coded request to the Commission through the Committee a verification of its receipt.

      Art. 82. Right to be present and to counsel during the canvass. - Every registered political party and party-list group and every candidate has the right to be present and to counsel during the canvass. However, only one counsel may argue for each party or candidate. They shall have the right to examine the Overseas Absentee Voting Election Returns being canvassed without touching it, make observations thereon, and manifest their objections in the manner prescribed herein. The SBOC shall not allow any dilatory action.

      Art. 83. Watchers. - Each candidate, political party, and parties, associations or organizations participating in the party-list system of elections, accredited citizens' arms, and accredited OFW organizations shall be entitled to one (1) watcher during the canvassing proceedings. However, if there is no sufficient space for all watchers to be accommodated, preference shall be given to the watchers of the dominant majority and dominant minority parties as determined by the Commission, one (1) common watcher for the independent candidates, one (1) common watcher for the accredited citizens' arms and one (1) common watcher for accredited OFW organizations.

      Art. 84. The SBOC having consular jurisdiction over several countries. - The SBOC of a country having consular jurisdiction over several countries shall canvass the results of the election separately per country and prepare the corresponding Overseas Absentee Voting Certificate of Canvass supported by an Overseas Absentee Voting Statement of Votes by Precinct.

      Art. 85. The SBOC of one country having several smaller territorial units. - The SBOC of one country having several smaller territorial units shall canvass the results of the election of each territorial unit and prepare one (1) Overseas Absentee Voting Certificate of Canvass supported by an Overseas Absentee Voting Statement of Votes by Precinct.

      Art. 86. Distribution of certificate of canvass. - The Overseas Absentee Voting Certificate of Canvass supported by an Overseas Absentee Voting Statement of Votes by Precinct shall be distributed as follows:

1. First copy to the Congress of the Philippines, directed to the President of the Senate, for use in the canvass of the election results for President and Vice-President;
   
   
2. Second copy to the Commission sitting En Banc as the National Board of Canvassers, for use in canvass of the votes for Senators and Party-List;
   
   
3. Third copy to be kept by the Chairman of the SBOC;
   
   
4. Fourth copy to the accredited citizens' arm designated by the Commission. It shall be the duty of the citizens' arm to furnish independent candidates of a copy of the Overseas Absentee Voting Certificate of Canvass at the expense of the requesting party;
   
   
5. Fifth copy to the Dominant Majority Party; and
   
   
6. Sixth copy to the Dominant Minority Party.

      The Chairman of the SBOC shall personally deliver the first copies to the Congress of the Philippines and the second copies to the Commission.

      Art. 87. Manner of distribution. - Immediately upon completion of the canvass, the Chairman of the SBOC shall, using the facilities of the embassy or consular office, transmit with adequate security codes via facsimile or electronic mail, the Overseas Absentee Voting Certificate of Canvass supported by an Overseas Absentee Voting Statement of Votes by Precinct to the bodies and parties enumerated in the immediately preceding article.

      The Overseas Absentee Voting Certificate of Canvass supported by an Overseas Absentee Voting Statement of Votes by Precinct, as transmitted via facsimile or electronic mail, may be used in the canvass, provided, that its authenticity and due execution have been ascertained, and the printed copies thereof have not yet been received by the canvassing bodies concerned.

      In addition, the printed copies of the Overseas Absentee Voting Certificate of Canvass supported by an Overseas Absentee Voting Statement of Votes by Precinct shall be placed inside the appropriate envelopes, duly sealed with a serially numbered paper seal, and shall be distributed in accordance with the preceding Article.

      Art. 88. Pre-proclamation cases not allowed in elections for President, Vice-President, Senators and Party-List Representatives. - For purposes of the elections for President, Vice-President, Senators and Party-List Representatives, no pre-proclamation cases shall be allowed on matters relating to the preparation, transmission, receipt, custody and appreciation of Overseas Absentee Voting Election Returns.

      Any objection in the Overseas Absentee Voting Election Returns before the SBOC shall be specifically noted in the Minutes of the SBOC.