RESOLUTION No. 6117

      Art. 91. Creation of Sub-Canvassing Committees.

1. To facilitate the canvass, the Commission may constitute as many sub-canvassing committees as necessary to enable the SBOC to complete the canvass within reasonable time.

         Each sub-canvassing committee shall be composed of a Chairman, preferably a career officer from any of the government agencies maintaining a post abroad, and two (2) citizens of the Philippines qualified to vote under the Overseas Absentee Voting Act of 2003 deputized by the Commission, as Vice-Chairman and Member-Secretary, respectively.
   
         All the candidates, including parties, organizations or associations participating under the party-list system of elections shall be notified in writing of the number of sub-canvassing committees constituted.
   
         The sub-canvassing committees shall be under the direct supervision and control of the SBOC. The names of the members of each sub-canvassing committee, and the Overseas Absentee Voting Election Returns assigned to them for tabulation shall be properly recorded in the Minutes.
   
   

2. Support units. - To assist the SBOC and the sub-canvassing committees, the Commission shall constitute one (1) Reception and Custody Group, composed of three (3) members, and one (1) Tabulation Group (TG), composed of two (2) members, for each SBOC.

         The members of the Reception and Custody Group and the Tabulation Group shall be appointed from among the career officers of any of the government agencies maintaining a post abroad. In case of insufficiency of career officers, citizens of the Philippines qualified to vote under the Overseas Absentee Voting Act of 2003 may be appointed as members of the said groups.

      Art. 92. Functions of the Reception and Custody Group and the Tabulation Group.

1. The Reception and Custody Group shall:
   
   
   1. be responsible for the reception and safekeeping of the Overseas Absentee Voting Election Returns submitted to the SBOC. For this purpose, the SBRCG shall provide the Reception and Custody Group with data on the number of Overseas Absentee Voting Election Returns to be canvassed, their corresponding serial numbers and places of origin of the said Overseas Absentee Voting Election Returns;
      
      
   2. determine which of the Overseas Absentee Voting Election Returns have already been submitted, or which are yet to be submitted by the SBEl to the end that every Overseas Absentee Voting Election Return is canvassed only once;
      
      
   3. maintain a record showing the:
      
      
      1. Time and date of receipt of the Overseas Absentee Voting Election Returns;
         
         
      2. Serial number and place of origin of the Overseas Absentee Voting Election Returns;
         
         
      3. Serial number of the envelope containing the Overseas Absentee Voting Election Returns and its paper seal; and
         
         
      4. Condition of the envelope and paper seal.
      
      
   4. submit to the SBOC a list of the Overseas Absentee Voting Election Returns which have not yet been submitted.
   
   
2. The Tabulation Group shall compute the sub-total of the Overseas Absentee Voting Statement of Votes by Precinct prepared by the SBOC and/or the sub-canvassing committee, if any. The name of each tabulator from the Tabulation Group and the Overseas Absentee Voting Statement of Votes by Precinct assigned to them for tabulation shall be properly recorded in the Minutes.

      Art. 93. Procedure. - The following procedure shall be observed in the canvassing:

1. The SBOC shall receive, through its Reception and Custody Group, the Overseas Absentee Voting Election Returns and maintain a log of all Overseas Absentee Voting Election Returns received and canvassed.
   
   
2. The Reception and Custody Group shall, after recording all the data required herein, place all envelopes containing the Overseas Absentee Voting Election Returns received by it inside an empty ballot box.
   
   
3. When the ballot box is already full or when there are no more Overseas Absentee Voting Election Returns to be received, the Reception and Custody Group shall close the ballot box and lock the same with padlock and a serially numbered self-locking seal. Thereafter, the Reception and Custody Group shall submit the locked ballot box to the SBOC, which shall, in turn, assign the ballot box to a sub-canvassing committee, together with the list of Overseas Absentee Voting Election Returns contained therein. For this purpose, the Reception and Custody Group shall maintain a record of the Overseas Absentee Voting Election Returns submitted to the SBOC.
   
   
4. Upon receipt of the ballot box containing the Overseas Absentee Voting Election Returns, the SBOC shall examine the condition of the ballot box and the self-locking seal. The Member-Secretary shall record in the Minutes the condition and serial numbers of the ballot box and the self-locking seal.
   
   
5. The SBOC shall open the ballot box to ascertain that the Overseas Absentee Voting Election Returns indicated in the envelopes being retrieved correspond to the list submitted by the Reception and Custody Group.
   
   
6. The Member-Secretary shall record in its Minutes the:
   
   
   1. quantity of envelopes received and their condition and serial numbers;
      
      
   2. the condition and serial numbers of the paper seal; and
      
      
   3. the serial numbers and places of origins of the Overseas Absentee Voting Election Returns.
   
   
7. Thereafter, the SBOC shall assign to a sub-canvassing committee, the Overseas Absentee Voting Election Returns. It shall likewise provide the sub-canvassing committee with a blank Overseas Absentee Voting Statement of Votes By Precinct (OAVF No.__ ) and enter in the Minutes the serial numbers of the Overseas Absentee Voting Election Returns assigned to a sub-canvassing committee.
   
   
8. Before opening each envelope, the sub-canvassing committee shall exhibit the same to the counsel and watchers present.
   
   
9. After the envelope is opened, the sub-canvassing committee shall retrieve the Overseas Absentee Voting Election Returns and exhibit the same to the counsel and watchers present.
   
   
10. The sub-canvassing committee shall examine the condition of the inner paper seal and the Member-Secretary shall record in the Minutes the condition and serial number of the paper seal.
    
    
11. The sub-canvassing committee shall break open the inner seal, unfold the Overseas Absentee Voting Election Returns and exhibit the same to the counsel and watchers present.
    
    
12. The Member-Secretary shall record in the Minutes the condition and serial number of the Overseas Absentee Voting Election Returns.
    
    
13. If there is no objection to the inclusion in the canvass of the Overseas Absentee Voting Election Returns, the sub-canvassing committee, shall proceed to canvass the Overseas Absentee Voting Election Returns by entering in the Overseas Absentee Voting Statement of Votes By Precinct, the votes obtained by each candidate as they are read. If there is an objection, the sub-canvassing committee shall note the objection in its Minutes and proceed to canvass the Overseas Absentee Voting Election Returns as provided above.
    
    
14. If the objection is on the basis of manifest error:
    
    
    1. The Overseas Absentee Voting Election Return shall at first be set aside;
       
       
    2. Proceed in the canvassing of other Overseas Absentee Voting Election Returns; and
       
       
    3. Follow the procedure set forth in Article 99 of these Rules for the correction of manifest error.
    
    
15. In the preparation of the Overseas Absentee Voting Statement of Votes By Precinct, the sub-canvassing committee shall divide the seven (7) copies of the Overseas Absentee Voting Statement of Votes By Precinct between the Vice-Chairman (4 copies) and Member-Secretary (3 copies) who shall accomplish the same simultaneously as the Chairman reads the votes. After the completion of the Overseas Absentee Voting Statement of Votes By Precinct, the copies accomplished by the Vice-Chairman and the Member-Secretary shall be compared to ensure that they bear the same entries and total. In case of discrepancies, the Vice-Chairman and the Member-Secretary shall refer back to the corresponding Overseas Absentee Voting Election Returns until the discrepancies are ascertained and the figures are corrected.
    
    
16. Immediately after the Overseas Absentee Voting Election Returns have been canvassed, the Chairman of the sub-canvassing committee shall write on the upper right hand corner of the Overseas Absentee Voting Election Returns, the word "CANVASSED" and affix below it his signature and the date of canvass. Thereafter, the canvassed Overseas Absentee Voting Election Returns shall be returned to its envelope.
    
    
17. After all the columns of the Overseas Absentee Voting Statement of Votes By Precinct are filled, or there is no more Overseas Absentee Voting Election Returns to be canvassed, the members of the sub-canvassing committee shall print their names on the Overseas Absentee Voting Statement of Votes By Precinct below the space intended for the names and signatures of the members of the SBOC.
    
    
18. After the members of the sub-canvassing committee have affixed their signatures above their printed names, they shall submit to the SBOC the Overseas Absentee Voting Statement of Votes By Precinct they prepared, together with the canvassed Overseas Absentee Voting Election Returns.
    
    
19. The SBOC, upon receipt of the Overseas Absentee Voting Statement of Votes By Precinct prepared by the sub-canvassing committee, shall forward the same to the Tabulation Group, together with the Overseas Absentee Voting Election Returns.
    
    
20. Upon receipt of the Overseas Absentee Voting Statement of Votes By Precinct and the Overseas Absentee Voting Election Returns, the Tabulation Group shall:
    
    
    1. Using an adding machine with tape, add all the entries in each column of the Overseas Absentee Voting Statement of Votes By Precinct prepared by the sub-canvassing committee.
       
       
    2. Verify the accuracy of the entries in the adding machine tape as against the entries in the Overseas Absentee Voting Statement of Votes By Precinct. If the entries are the same, enter the sub-total in the space provided. If the entries are not the same, make the necessary corrections, re-compute as provided in Item 1 above, and enter the correct sub-total in the space provided;
       
       
    3. Authenticate the adding machine tape by affixing their signatures above their printed names at the back thereof, and attach the same to the Overseas Absentee Voting Statement of Votes By Precinct;
       
       
    4. Affix their signatures above their printed names, and imprint their thumbmarks on the certification portion of the Overseas Absentee Voting Statement of Votes By Precinct; and
       
       
    5. Forward to the SBOC the signed Overseas Absentee Voting Statement of Votes By Precinct together with the canvassed Overseas Absentee Voting Election Returns.
    
    
21. Upon receipt from the Tabulation Group of the Overseas Absentee Voting Statement of Votes By Precinct and Overseas Absentee Voting Election Returns the SBOC shall:
    
    
    1. Inform the watchers present that the SBOC will commence the preparation of the summary of votes obtained by each candidate;
       
       
    2. Using another set of Overseas Absentee Voting Statement of Votes By Precinct, prepare the summary of the votes by entering therein:
       
       
       1. The serial number of the Overseas Absentee Voting Statement of Votes By Precinct containing the adding-machine tape sub-total; and
          
          
       2. All the sub-totals for each candidate contained in the Overseas Absentee Voting Statement of Votes By Precinct prepared by the sub-canvassing committee and tabulated by the Tabulation Group;
       
       
    3. After all the columns have been filled or there is no more Overseas Absentee Voting Statement of Votes By Precinct to be received, affix their signatures above their printed names and imprint their thumbmarks on the certification portion of the Overseas Absentee Voting Statement of Votes By Precinct prepared by the sub-canvassing committee and tabulated by the Tabulation Group;
       
       
    4. Place, in the presence of the watchers, if any, the Overseas Absentee Voting Statement of Votes By Precinct prepared by the sub-canvassing committee inside a ballot box;
       
       
    5. Place, in the presence of the watchers, if any, the canvassed Overseas Absentee Voting Election Returns inside a separate ballot box. When the ballot box is already full or if there is no more Overseas Absentee Voting Election Returns to be placed inside, it shall be closed and locked with three padlocks and self-locking seal. The keys corresponding to the padlocks shall each be kept by the members of the SBOC. The locked ballot box shall be kept and preserved in a secure room under the custody of the Chairman of the SBOC; and
       
       
    6. Follow the above procedure until all the Overseas Absentee Voting Election Returns have been canvassed and the sub-totals have been entered in the summary of votes.
    
    
22. After the summary of votes has been completed, the SBOC shall forward the same to the Tabulation Group.
    
    
23. Upon receipt of the summary of votes, the Tabulation Group shall:
    
    
    1. Compute the grand total by adding all the sub-totals;
       
       
    2. Record the grand total of votes obtained by each candidate;
       
       
    3. Accomplish the certification portion by affixing their signatures above their printed names and imprinting their thumbmarks thereon; and
       
       
    4. Forward the summary of votes to the SBOC.
    
    
24. Upon receipt of the summary of votes, the SBOC shall:
    
    
    1. Verify the accuracy of the computation made by the Tabulation Group;
       
       
    2. If the computation is accurate, affix their signatures above their printed names, imprint their thumbmarks on the certification portion of the Overseas Absentee Voting Statement of Votes By Precinct received from the Tabulation Group. If the computation is not accurate, return the Overseas Absentee Voting Statement of Votes By Precinct to the Tabulation Group for re-computation;
       
       
    3. Prepare the Overseas Absentee Voting Certificate of Canvass, and thereafter affix their signatures and thumbmark on the certification portion thereof;
       
       
    4. Require the watchers, if any, to affix their signatures and thumbmark on the Overseas Absentee Voting Certificate of Canvass; and
       
       
    5. Distribute the Overseas Absentee Voting Certificate of Canvass, together with the corresponding Overseas Absentee Voting Statement of Votes by Precinct retrieved from the ballot box as well as the summary of votes, in the manner prescribed under Articles 85 and 86 of these Rules.

      Art. 94. Adjournment/suspension of canvass.

1. In case of adjournment or suspension of canvass, the SBOC or sub-canvassing committee, as the case may be, shall write "ADJOURNED" or 'SUSPENDED" and the time and date of adjournment or suspension and affix their initials, in the column immediately after last column with entries. The Overseas Absentee Voting Statement of Votes by Precinct shall be placed in the ballot box provided in Item (c) hereunder;
   
   
2. Advance results for all the precincts so far canvassed shall be made available to mass media and other interested parties.
   
   
3. The remaining unopened envelopes and Overseas Absentee Voting Statement of Votes by Precinct shall be placed in the ballot box provided for the purpose which shall be locked with three padlocks and self-locking metal seals. The members of the SBOC shall keep the keys to each padlock.
   
   
4. The serial number of the metal seal and the quantity of the remaining unopened envelopes shall be recorded in the minutes.
   
   
5. Upon resumption of the canvass, the:
   
   
   1. Member-Secretary of the SBOC shall verify and enter in the Minutes the condition of the three padlocks and the metal seal, as well as its serial number.
      
      
   2. Thereafter, SBOC shall then, in the presence of the watchers, open the ballot box, retrieve the partially filled Overseas Absentee Voting Statement of Votes by Precinct and the unopened envelopes containing the Overseas Absentee Voting Election Returns not yet canvassed, and proceed with the canvass until all Overseas Absentee Voting Election Returns are canvassed.

      In accomplishing the Overseas Absentee Voting Certificate of Canvass, the Overseas Absentee Voting Statement of Votes by Precinct and other forms, all the members of the SBOC, the Sub-canvassing committee, including the Tabulation Group, shall see to it that the impression on the first copy of the set is recorded on each and every page thereof.

      Art. 95. When the Overseas Absentee Voting Election Returns are delayed, lost or destroyed. - In case its copy of the Overseas Absentee Voting Election Returns is missing, the SBOC shall, by authorized messenger, immediately obtain the same from the SBRCG, or if the said Overseas Absentee Voting Election Returns has been lost or destroyed, the SBOC, upon prior authority of the Commission, may use any of the authentic copies thereof or a certified copy of said Overseas Absentee Voting Election Returns issued by the Commission, and forthwith direct its representative to investigate the case and immediately report the matter to the Commission.

      Art. 96. Material defects in the Overseas Absentee Voting Election Returns. - If it should clearly appear that some requisite in form or data have been omitted in the Overseas Absentee Voting Election Returns, the SBOC shall call for all the members of the SBEI concerned by the most expeditious means to effect the corrections: Provided, That in case of the omission in the Overseas Absentee Voting Election Returns of the name of any candidate and/or his corresponding votes, the SBOC shall require the SBEI concerned to complete the necessary data in the Overseas Absentee Voting Election Returns and affix therein their initials: Provided, further, that if the votes omitted in the Overseas Absentee Voting Election Returns cannot be ascertained by other means except by recounting the ballots, the Overseas Absentee Voting Election Returns shall be set aside and such fact shall be reported to the Commission which shall proceed as provided in Sec. 234 of the Omnibus Election Code.

      Art. 97. When Overseas Absentee Voting Election Returns appear to be tampered with or falsified. - If the Overseas Absentee Voting Election Returns submitted to the SBOC appear to be tampered with, altered or falsified after they have left the hands of the SBEI concerned or otherwise not authentic, or were prepared under duress, force, intimidation, or prepared by persons other than the members of the SBEI, the SBOC shall use the other copies of said Overseas Absentee Voting Election Returns. If necessary, the copy of the Overseas Absentee Voting Election Returns inside the ballot box in the custody of the SBRCG which upon previous authority given by the Commission may be retrieved in accordance with Sec. 220 of the Omnibus Election Code. If the other copies of the Overseas Absentee Voting Election Returns are likewise tampered with, altered, falsified, not authentic, prepared under duress, force or intimidation, or prepared by persons other than the members of the SBEI, the SBOC or any candidate affected shall bring the matter to the attention of the Commission which shall proceed as provided in Sec. 235 of the Omnibus Election Code.

      Art. 98. Discrepancies in Overseas Absentee Voting Election Returns. - In case of discrepancies in the other authentic copies of the Overseas Absentee Voting Election Returns, or discrepancies in the votes of any candidate in words and figures in the same Overseas Absentee Voting Election Returns, or discrepancies between the advanced results submitted by the SBEI and the figures in the corresponding Overseas Absentee Voting Election Returns, and in either case they affect the results of the election, the SBOC shall not canvass the Overseas Absentee Voting Election Returns and shall submit the matter to the Commission which shall proceed as provided in Sec. 236 of the Omnibus Election Code. In case there exist discrepancies in the votes of any candidate in tally (tara) as against the votes obtained in words or in figures in the same Overseas Absentee Voting Election Returns, the votes in the tally (tara) shall prevail.

      Art. 99. Canvass to be completed at earliest possible time. - Subject to reasonable exceptions, the SBOC must complete its canvass within

1. forty-eight (48) hours in countries where there are not more than one hundred (100) Overseas Absentee Voting Election Returns to be canvassed,
   
   
2. seventy-two (72) hours in countries where there are more than one hundred (100) up to two (200) hundred Overseas Absentee Voting Election Returns to be canvassed, and
   
   
3. one hundred and twenty (120) hours where there are more than two hundred (200) Overseas Absentee Voting Election Returns to be canvassed.

      Art. 100. Manifest error. -

1. Where it is clearly shown before proclamation that manifest errors were committed in the tabulation or tallying of Overseas Absentee Voting Election Returns during the canvassing, the SBOC may motu proprio, or upon verified petition by any candidate, political party, organization or coalition of political parties, after due notice and hearing, correct the errors committed.

   There is manifest error in the tabulation or tallying of the results during the canvassing where:

   
   
   1. A copy of the Overseas Absentee Voting Election Return was tabulated more than once;
      
      
   2. Two or more copies of the same Overseas Absentee Voting Election Returns tabulated;
      
      
   3. There was a mistake in the copying of the figures from the Overseas Absentee Voting Election Returns into the Overseas Absentee Voting Statement Of Votes;
      
      
   4. Overseas Absentee Voting Election Returns from non-existent areas were included in the canvass;
      
      
   5. Overseas Absentee Voting Election Returns from one country or counting center were included in the canvass for another district; or
      
      
   6. There was a mistake in the addition of the votes of any candidate.
   
   
2. In order to correct manifest errors, the following procedure shall be complied with:
   
   
   1. The order for correction must be in writing and promulgated.
      
      
   2. Any candidate, political party, or organization or coalition of political parties aggrieved by said order may appeal the same to the Commission within twenty-four (24) hours from its promulgation by facsimile, electronic mail or any other faster means of transmission, subject to the submission of the original verified appeal within forty-eight (48) hours from the date it was faxed, e-mailed or sent by any other means.
      
      
   3. The appeal must implead as respondents the SBOC concerned and all parties that may be adversely affected.
      
      
   4. Upon receipt of the appeal, the Clerk of Court of the Commission shall forthwith issue summons together with the copy of the appeal to the respondent.
      
      
   5. The Clerk of Court concerned shall immediately set the appeal for hearing.
      
      
   6. The appeal shall be heard and immediately decided by the Commission En Banc.