WHEREAS, the first part of Section 18.4 of Republic Act No. 9189, otherwise known as "The Overseas Absentee Voting Act of 2003", provides:

     "18.4. A Special Board of Canvassers composed of a lawyer preferably of the Commission as chairman, a senior career officer from any of the government agencies maintaining a post abroad and, in the absence of another government officer, a citizen of the Philippines qualified to vote under this Act deputized by the Commission, as vice-chairman and member-secretary, respectively, shall be constituted to canvass the election returns submitted to it by the Special Boards of Election Inspectors. xxx."

      WHEREAS, it is necessary to issue guidelines on the constitution and appointment of the Special Board of Canvassers and to authorize the Chairman of the Committee on Overseas Absentee Voting, subject to confirmation by the Commission En Banc, to appoint and designate the members thereof;

      NOW THEREFORE, the Commission on Elections, by virtue of the powers vested in it by the Constitution, the Omnibus Election Code, Republic Act No. 9189 and other election laws, RESOLVED, as it hereby RESOLVES to promulgate as it hereby promulgates the following guidelines:

      SEC. 1. Special Board of Canvassers, constitution and appointment. - The Commission through the Chairman of the Committee on Overseas Absentee Voting (hereinafter referred to as the "Committee") shall constitute not later than 25 April 2004 a Special Board of Canvassers (hereinafter referred to as the "SBOC") to canvass the Overseas Absentee Voting Election Returns and prepare the Overseas Absentee Voting Certificate of Canvass in each embassy, consulate or other foreign service establishments abroad.

      The SBOC shall be composed of three (3), consisting of a Chairman, a Vice-Chairman and Member-Secretary. The Chairman shall be a member of the Philippine bar while the Vice-Chairman shall be a senior career officer from any government agencies maintaining a post abroad. The Member-Secretary shall be either another government officer posted abroad, or in the absence of such officer, any citizen of the Philippines qualified to vote under the Overseas Absentee Voting Law.

      The Committee and the highest Philippine official of any foreign government agencies maintaining a post in the host country, also through the Committee, shall submit to the Commission not later than 31 January 2004 a list of the officials for appointment as Chairman and members of the SBOC. In return, the Committee shall submit to the en banc the same list not later than 2 February 2004.

      SEC. 2. Qualifications of the Chairman of the SBOC. - No person shall be appointed as a member of the SBOC, unless he or she is:

1. of good moral character and irreproachable reputation; and
   
   
2. able to speak and write English or Pilipino.

      Provided, that in case of the Chairman of the SBOC, he or she must be an active member of the Philippine bar and in good standing preferably from the Commission, or may be retired members of the Judiciary, or in active service in any of the Philippine government agencies maintaining a post abroad.

      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 career officers of any government agencies maintaining posts abroad.

      Provided further, that the Vice-Chairman of the SBOC shall be a senior career officer of any Philippine government agencies maintaining posts abroad.

      SEC. 3. Disqualifications. -

1. The members of the SBOC or their spouses 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 or their spouses, and to any of the nominees for the party-list system of representation or their spouses.
   
   
2. No person who has been convicted of any election offense or of any other crime punishable by more than six (6) months imprisonment, or has a pending case filed against him or her for any election offense, may be appointed as member of the SBOC.

      SEC. 4. Authority of the Chairman of the Committee on Overseas Absentee Voting. - The Chairman of the Committee on Absentee Voting is hereby authorized to appoint and designate the Chairman and members of the SBOC in accordance with this Resolution, subject to confirmation by the Commission En Banc. Such confirmation which shall not be made not later than one (1) week after appointment. For this purpose, the Chairman shall submit to the en banc the signed appointments not later than two (2) days after.

      SEC. 5. Effectivity. - This Resolution shall take effect seven (7) days after its publication in two (2) newspapers of general circulation in the Philippines.

      SEC. 6. Dissemination. - The Education and Information Department shall cause the publication of this resolution in two (2) newspapers of general circulation in the Philippines, and shall furnish copies thereof to the Department of Foreign Affairs for distribution to the different embassies, consulates and other foreign service establishments abroad.

      SO ORDERED.