The Commission on Elections, by virtue of the powers vested in it by the Constitution of the Republic of the Philippines, the Omnibus Election Code, Republic Act No. 9333 and other election laws, RESOLVED to promulgate, as it hereby RESOLVES to promulgate, the following “General Instructions Governing The Canvassing of Votes In Connection With The August 8, 2005 Elections In The Autonomous Region in Muslim Mindanao”.

SECTION 1. Board of Canvassers; composition; substitution. – There shall be a Regional Board of Canvassers in the Autonomous Region in Muslim Mindanao and a Provincial Board of Canvassers in each of the five (5) provinces comprising said region to canvass the results of the August 8, 2005 elections.

In case of non-availability, absence or disqualification due to relationship or incapacity for any cause of the chairman and members of the regional board of canvassers, the Commission shall appoint a ranking lawyer of the Commission and other representatives from the corresponding agencies of the Government, as substitute chairman and members, respectively.

In case of non-availability, absence or disqualification due to relationship or incapacity for any cause of the chairman and members of the provincial board of canvassers, the Commissioner-In-Charge shall, subject to the confirmation by the Commission en banc, appoint lawyers of the Commission as substitutes.

However, in case of sickness or injury of the regular board member, the Commissioner-In-Charge shall, subject to confirmation of the Commission en banc, appoint a substitute but only upon submission of a medical certificate subscribed and sworn to by the medical officer issuing the same attesting to the incapacity of said regular board member. These facts shall be recorded in the Minutes of Canvass of the board.

      In case there are two members present, they shall act jointly.

      The Regional Board of Canvassers shall be composed of a:

1. Ranking lawyer of the Commission, as Chairman;
   
   
2. Representative of equivalent rank from the Department of Justice, as Vice-Chairman; and
   
   
3. Representative, likewise of equivalent rank, from the Department of Education, as Member-Secretary.

In case of non-availability, absence or disqualification due to relationship or incapacity for any cause of the chairman and members of the regional board of canvassers, the Commission shall appoint a ranking lawyer of the Commission and other representatives from the corresponding agencies of the Government, as substitute chairman and members, respectively.

The Provincial Board of Canvassers shall be composed of the:

1. Provincial Election Supervisor of the province concerned or a ranking lawyer of the Commission, as Chairman;
   
   
2. Provincial Prosecutor, as Vice-Chairman; and
   
   
3. Division Superintendent of Schools, as Member-Secretary.

In case of non-availability, absence or disqualification due to relationship or incapacity for any cause of the chairman and members of the provincial board of canvassers, the Commissioner-In-Charge shall, subject to the confirmation by the Commission en banc, appoint lawyers of the Commission as substitutes.

SEC. 2. Supervision and control over boards of canvassers. – The Commission shall have direct supervision and control over the Regional and the Provincial Boards of Canvassers and may relieve for cause the chairman or any member thereof and substitute him with another.

SEC. 3. Relationship with candidates and other members. – The chairmen and the members of the boards of canvassers shall not be related within the fourth civil degree of consanguinity or affinity to any of the candidates whose votes will be canvassed by said boards, or to any member of the same board.

SEC. 4. Prohibition against leaving official station. – During the period beginning election day until the proclamation of the winning candidates, no member or substitute member of the different boards of canvassers shall be transferred, assigned or detailed outside of his official station, nor shall he leave said station without prior authority of the Commission.

SEC. 5. Absence of a regular board member. – In case of absence of a regular member, the members present shall first verify whether or not a notice stating the date, time and place of canvassing has been duly served on the absent regular member.

In the absence of such notice, one shall be immediately served on the absent board member. If the latter cannot be located or his whereabouts are unknown, he shall then be substituted in accordance with Section 2 hereof. These facts shall be recorded in the Minutes of Canvass of the board. As soon as the absent member appears, the substitute member shall relinquish his seat to the regular board member.

In case there are two members present, they shall act jointly.

SEC. 6. Incapacitated regular board member. – In case of sickness or injury of the regular board member, the Commissioner-In-Charge shall, subject to confirmation by the Commission en banc, appoint a substitute but only upon submission of a medical certificate subscribed and sworn to by the medical officer issuing the same attesting to the incapacity of said regular board member. These facts shall be recorded in the Minutes of Canvass of the board.

In case there are two members present, they shall act jointly.

SEC. 7. Notice of canvass. – The chairmen of the boards of canvassers shall, not later than August 3, 2005 in the case of the Provincial Board of Canvassers, and August 4, 2005 in the case of the Regional Board of Canvassers, notify in writing, the members of the boards and each candidate and local heads of the registered political parties or coalition of political parties fielding candidates of the date, time and place of the canvassing. The canvassing of the Provincial Board of Canvassers shall be held in the session hall of the Sangguniang Panlalawigan or in any other place designated by the Commission. The canvassing of the Regional Board of Canvassers shall be held in the place designated by the Commission. Similar notices shall also be sent to the citizens’ arm of the Commission, if there be any.

The notice to be issued by the Provincial Board of Canvassers shall contain the number of Tabulation and Canvassing Units that will be created so that the candidates can designate their watchers in each unit.

Notice of the date, time and place of the canvass shall also be posted in the bulletin board of the session hall of the Sangguniang Panlalawigan and in other conspicuous places in the building where the canvass will be held.

SEC. 8. Proceedings of the boards of canvassers. – The board of canvassers shall have full authority to keep order within the canvassing room or hall and its premises, and shall 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 a disorderly manner as to disturb or interrupt its proceedings, the board may order any peace officer to take such person into custody until the adjournment of its meeting.

The proceedings of the board of canvassers shall be open and public.

SEC. 9. Quorum. – A majority of the members of the board shall constitute a quorum for the transaction of business and a majority vote of all the members thereof shall be necessary to render a decision.

SEC. 10. Watchers. – Each candidate, registered political party or coalition of political parties fielding candidates, as well as the citizens’ arm of the Commission, if any, shall be entitled to two (2) watchers who shall serve alternately.

Civic, religious, professional, business, service, youth and other similar organizations in the Autonomous Region shall, with prior authority from the Commission, be entitled collectively to appoint two (2) watchers to serve alternately in the canvass proceedings.

The watchers shall have the following rights:

1. To be present at and take note of all the proceedings of the board;
   
   
2. To read the election returns/certificates of canvass without touching them; and
   
   
3. To file objection to any irregularities noted in the returns/certificates or in the proceedings of the board.

SEC. 11. Persons not allowed inside the canvassing room. – During the canvassing, it is unlawful for any of the following to enter the room where the canvassing is being held or to stay within a radius of fifty (50) meters from such room;

1. Officer or member of the Armed Forces of the Philippines;
   
   
2. Officer or member of the Philippine National Police;
   
   
3. Peace officer or any person belonging to an extra-legal police agency, special forces, reaction forces, strike forces or CAFGUs;
   
   
4. Barangay tanod or any member of barangay self-defense units;
   
   
5. Member of the security or police organizations of government agencies, commissions, councils, bureaus, offices, instrumentalities, or government-owned or controlled corporations or their subsidiaries;
   
   
6. Member of a privately-operated security, investigative, protective or intelligence agency performing identical or similar functions; or
   
   
7. Person under the influence of intoxicating liquor or prohibited drugs.

However, whenever necessary, the board of canvassers, by a majority vote, may make a call in writing for the detail of policemen or peace officers for their protection or for the protection of the election documents and paraphernalia or for the maintenance of peace and order. In such case, said policemen or peace officers shall be in proper uniform and stay outside the room at a distance near enough to be easily called by the board of canvassers at any time.

SEC. 12. Safekeeping of election returns/certificates of canvass. – The board of canvassers shall place the election returns/certificates of canvass in ballot boxes each of which shall be secured with three padlocks and a self-locking serially numbered fixed length seal. The chairman and the two members of the board shall each keep a key to one of the three padlocks. The serial number of every self-locking serially numbered fixed length seal used by the board shall be entered in the Minutes of Canvass.

The ballot boxes containing the election returns/certificates of canvass, properly locked and sealed as required in the preceding paragraph, shall be kept in a safe and secured place/room before, during and after the canvass so that no ballot box may be taken out from, or deposited in, the room without their presence. The watchers shall have the right to guard the room.

SEC. 13. Pre-proclamation cases. – No pre-proclamation cases shall be allowed on matters relating to the preparation, transmission, receipt, custody and appreciation of election returns or the certificates of canvass, as the case may be.

However, this does not preclude the authority of the appropriate canvassing body to motu proprio or upon written complaint of an interested person, correct manifest errors after due notice and hearing, when it is clearly shown before proclamation that manifest errors were committed in the tabulation or tallying of election returns or certificate of canvass.

After proclamation, there shall be no correction of manifest error unless otherwise authorized by the Commission.

      There is manifest error when:

1. a copy of the election returns or certificate of canvass was tabulated more than once;
   
   
2. two or more copies of the election returns of one precinct, or two or more copies of certificate of canvass were tabulated separately;
   
   
3. there has been a mistake in the copying of the figures into the statement of votes or into the certificate of canvass;
   
   
4. there is a mistake in the addition of votes of any candidate; or
   
   
5. Election returns from non-existent precincts were included in the canvass.

Questions affecting the composition or proceedings of the board of canvassers may be initiated in the board or directly with the Commission. If filed 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.

Any objection on the election returns before the provincial boards of canvassers or certificate of canvass before the regional board of canvassers shall be specifically noted in the Minutes of Canvass of their respective proceedings.

SEC. 14. Submission of the minutes of canvass of the board. – Within ten (10) days from termination of canvass, the secretary of the boards of canvassers shall submit to the Law Department of the Commission in Manila by registered mail a certified copy of the Minutes of Canvass of the proceedings of the board and shall notify by telegram said department of the date and the manner of transmittal of the Minutes of Canvass.

SEC. 15. Powers and functions of the Provincial Board of Canvassers. – The provincial board of canvassers of Basilan (excluding Isabela City), Lanao del Sur, Maguindanao (excluding Cotabato City), Sulu and Tawi-Tawi, shall canvass the election returns from the municipalities/city in their respective provinces, prepare the certificate of canvass for Regional Governor and Regional Vice-Governor, and proclaim as elected, the candidates for members of the Regional Legislative Assembly who obtained the three (3) highest number of votes in each legislative district.

SEC. 16. Support units; composition. – To assist the provincial board of canvassers in the canvass, the Chairmen of the Provincial Board of Canvassers are hereby authorized to create the following units to be headed by a representative of the Commission:

1. Reception and Custody Unit;
   
   
2. Tabulation and Canvassing Unit; and
   
   
3. Audit and Verification Unit

      The names of the members of all support units shall be indicated in the Minutes of the Canvass.

Reception and Custody Unit

There shall be one (1) Reception and Custody Unit per legislative district. It shall be composed of three (3) members consisting of one (1) representative of each member of the board. It shall be responsible for the reception and custody of the ballot boxes containing the election returns intended for the provincial boards of canvassers.

Tabulation and Canvassing Unit

      There shall be Tabulation and Canvassing Units as follows:

1. Basilan – 4
   
   
2. Lanao del Sur – 14
   
   
   1. First District – 8
      
      
   2. Second District - 6
   
   
3. Maguindanao – 12
   
   
   1. First District – 5
      
      
   2. Second District - 7
   
   
4. Sulu – 8
   
   
   1. First District – 4
      
      
   2. Second District – 4
   
   
5. Tawi-Tawi – 4

Each unit shall be composed of three (3) members consisting of one (1) representative of each member of the board. It shall canvass and prepare the Statement of Votes by Precinct (SOVP).

Audit and Verification Unit

There shall be two (2) Audit and Verification Units per legislative district in the province. It shall be composed of two members, one from the Commission and one from the Office of the Provincial Auditor.

SEC. 17. Time, date and place of convening. – The Provincial Boards of Canvassers shall convene at 6:00 o’clock in the afternoon of August 8, 2005 in the Session Hall of their respective Sangguniang Panlalawigan or in any other place designated by the Commission.

SEC. 18. Canvassing Procedure. – The Reception and Custody Unit shall:

1. Receive the ballot boxes containing the election returns of a city/municipality, copy for the Provincial Board of Canvassers.
   
   
2. Log the date and time of receipt, the condition and serial number of each ballot box, and its corresponding outer self-locking serially numbered fixed length seal;
   
   
3. Open the outer cover of the ballot box, log the serial number and condition of the inner self-locking serially numbered fixed length seal;
   
   
4. Break the inner self-locking serially numbered fixed length seal and open the cover of the inner ballot box compartments;
   
   
5. Retrieve the envelopes containing the election returns, log the condition and serial number of each envelope, the condition and serial number of the outer paper seal and the corresponding precinct number of the election returns;
   
   
6. Mark in the project of precincts the corresponding precincts of the election returns which have been received;
   
   
7. Prepare, in two (2) copies, a list of precincts, the election returns of which have been received;
   
   
8. Return all the envelopes inside the same ballot boxes from which they were taken, close and lock the same with padlocks;
   
   
9. Forward to the Provincial Board of Canvassers, the ballot boxes and one copy of the list of precincts mentioned in letter (g) above; and
   
   
10. Submit a daily progress report to the Provincial Board of Canvassers, indicating the following:
    
    
    1. Total number of election returns received and their corresponding precinct numbers;
       
       
    2. Total number of election returns and their corresponding precinct numbers forwarded to the Provincial Board of Canvassers; and
       
       
    3. Total number of election returns not yet received and their corresponding precinct numbers.

Upon receipt of the ballot boxes, the Secretary of the Provincial Board of Canvassers shall record in the Minutes of Canvass the conditions and serial numbers thereof, and forward the ballot boxes to the Chairman;

The Chairman shall open the ballot boxes, one at a time, retrieve the envelopes containing the election returns and direct the Secretary to record in the Minutes of Canvass, the total number of envelopes contained in the ballot box, the condition and serial number of each envelope and the paper seal attached to the envelope.

The Secretary shall also verify whether the list of precincts given by the Reception and Custody Unit tally with the precinct numbers on the envelopes.

The Chairman shall:

1. Break the paper seal of one envelope;
   
   
2. Retrieve the election returns inside;
   
   
3. Direct the Secretary to record in the Minutes of Canvass the condition and serial number of the paper seal attached to the election returns;
   
   
4. Break the seal and unfold the election returns; and
   
   
5. Direct the Secretary to record the condition and serial number of the election returns.

The board of canvassers shall then examine the authenticity and due execution of the election returns and the completeness of the statistical data therein required.

If an election returns bears a serial number different from that assigned to a particular precinct, it shall not be canvassed, unless the Commission shall order in writing its inclusion. For the purpose of determining the election returns assigned to a particular precinct, the Provincial Election Supervisor shall require the Election Officers to submit to the Provincial Board of Canvassers a certification stating the serial numbers of the election returns assigned to a particular precinct. The Election Officer shall submit said certification to the board before the start of the canvass.

If the signatures and/or thumbmarks of two members of the board of election inspectors are missing in the election returns, the board of canvassers shall summon the members of the board of election inspectors concerned to affix their signatures and/or thumbmarks.

If there are missing statistical data, the Provincial Board of Canvassers shall note in the Minutes of Canvass the precinct number and the missing statistical data and require the board of election inspectors concerned to complete the same.

The election returns shall then be shown to the parties concerned.

If there is no objection, the board shall assign the election returns to the Tabulation and Canvassing Unit.

If there is an objection, the Secretary shall note in the Minutes of the Canvass the specific objection, and then assign the election returns to the Tabulation and Canvassing Unit.

In both cases, before assigning the election returns to the Tabulation and Canvassing Unit, the Secretary shall record in the logbook, the city/municipality and precinct number of the election returns, and the canvassing unit to which the returns is assigned. Election returns pertaining to a city/municipality shall be assigned to only one Tabulation and Canvassing Unit.

The same procedure shall be followed for subsequent ballot boxes and election returns.

In case its copy of the election returns is missing, the board of canvassers shall obtain such missing returns from the board of election inspectors concerned, or if said returns have been lost or destroyed, the board of canvassers, upon prior authority of the Commission may use any of the authentic copies of said election returns or a certified copy thereof issued by the Commission. Forthwith, the board of canvassers shall refer the case to the Regional Election Director concerned who shall investigate the same and report his findings to the Commission for its appropriate action.

The Tabulation and Canvassing Unit shall, upon receipt of the election returns:

1. Record in the Minutes of Canvass the total number of election returns received, the serial numbers thereof and the corresponding precinct numbers, barangay and city/municipality of the election returns;
   
   
2. Record in the Statement of Votes by Precinct (CEF No. 20-A) the votes obtained by each candidate as appearing in the election returns in the following manner:
   
   
   1. Record on the proper space of the Statement of Votes by Precinct for each city/municipality, the precinct number of the election returns, and the number of voters who actually voted in the said precinct;
      
      
   2. The Unit Head shall then read the votes of each candidate as they appear in the election returns. The two other members shall divide the set of Statement of Votes, one member accomplishing one (1) copy and the one member accomplishing two (2) copies, and simultaneously record thereon the votes of the candidates as the Unit Head reads them.
      
      
   3. In connection with the preparation of the Statement of Votes the following terms shall refer to:
      
      
      • Sub-total
        
        Sum of all votes obtained by each candidate when all the columns of a set of Statement of Votes are filled. The sub-total shall be recorded in the last column indicated in the Statement of Votes;
        
        
      • Page partial total
        
        Sum of votes obtained by each candidate appearing in the Statement of Votes when some columns are not filled at the time of adjournment / suspension of canvass. This shall be recorded on the box immediately after the last entry of votes at the time of adjournment/suspension of canvass.
        
        When all election returns have been canvassed and the columns of the Statement of Votes are not filled, the page partial total shall be considered as the sub-total ;
        
        
      • Provisional total
        
        Accumulated total of all votes obtained by each candidate as of the time of adjournment/suspension of canvass, for the purpose of releasing results to the media and other interested parties. This shall not appear in the Statement of Votes;
        
        
      • Summary of Statement of Votes
        
        Listing of all sub-totals reflected in each set of Statement of Votes. This shall be recorded in a separate set of Statement of Votes by entering in each column the sub-totals per Statement of Votes.
        
        
      • Grand total
        
        Sum of all sub-totals of votes obtained by each candidate as listed in the summary of votes.
   
   
3. Immediately after the election returns has been canvassed, the Head of the Tabulation and Canvassing Unit shall write on the upper right hand corner thereon the word “CANVASSED”, the date and time when it was canvassed, affix his signature below it and put the election returns inside its envelope.
   
   When all the columns of a set of Statement of Votes by Precinct are filled or when all the election returns of a city/municipality have been canvassed, the two members shall compare the entries in their respective copies of the Statement of Votes by Precinct to verify whether the entries therein are the same. If there is a discrepancy, the Head of the Unit shall retrieve the election returns concerned, verify the entry and make the proper correction in the Statement of Votes by Precinct. The Unit shall then compute, using an adding machine with tape, the sub-total of the:
   
   
   1. number of registered voters;
      
      
   2. number of voters who actually voted; and
      
      
   3. the votes obtained by each candidate.
   
   Thereafter, it shall enter the sub-total in the last column of the Statement of Votes and accomplish the Statistical Data;
   
   
4. Accomplish the certification portion of the Statement of Votes by Precinct intended for the Tabulation and Canvassing Unit;
   
   
5. Using a separate set of Statement of Votes by Precinct, record the sub-totals of the number of registered voters, the voters who actually voted and the votes obtained by each candidate as appearing in the Statement of Votes by Precinct, This new set of Statement of Votes by Precinct shall be labeled as “Summary of Statement of Votes”;
   
   The “Summary of Statement of Votes” shall contain the following:
   
   
   1. the serial numbers of Statement of Votes by Precinct;
      
      
   2. the sub-totals of the number of votes obtained by each candidate as appearing in the Statement of Votes by Precinct;
      
      
   3. the number of precincts canvassed; and
      
      
   4. the number of registered voters and those who actually voted in the precincts that were canvassed.
   
   
6. Add, using an adding machine with tape, the sub-totals of votes obtained by each candidate as appearing in the “Summary of Statement of Votes” to get the total votes obtained by each candidate in the city/municipality.
   
   Indicate the total votes in the last column of the “Summary of Statement of Votes.
   
   
7. Accomplish the certification portion in the “Summary of Statement of Votes” intended for the Tabulation and Canvassing Unit.
   
   
8. Forward the Statement of Votes by Precinct and Summary of Statement of Votes, with their adding machine tapes attached, as well as the corresponding election returns and their envelopes to the Audit and Verification Unit.
   
   
9. Follow the same procedure in canvassing subsequent election returns and in accomplishing the Statement of Votes by Precinct and Summary of Statement of Votes.

The Audit and Verification Unit shall:

1. Verify that:
   
   
   1. No election returns was canvassed more than once by checking that the precinct number assigned to an election returns appears only once in the Statements of Votes by Precincts; and
      
      
   2. No data had been omitted.
   
   
2. If an election returns has been canvassed more than once or any data required in the Statements of Votes was omitted, return all documents to the Tabulation and Canvassing Unit concerned for correction or completion.
   
   
3. If no election returns has been canvassed more than once or in case of multiple canvass the same has been corrected; or the data in the Statement of Votes is complete or in case of missing required data the same has been completed, check and verify the accuracy of :
   
   
   1. Data on precinct number, number of registered voters and number of voters who actually voted per precinct in the Statement of Votes by Precinct and Summary of Statement of Votes;
      
      
   2. The entries in the Statement of Votes by Precinct and Summary of Statement of Votes against the entries in the adding machine tapes; and
      
      
   3. The sub-totals of the Votes obtained by each candidate;
   
   
4. If there is a discrepancy, the Statements of Votes, the adding machine tapes and the election returns, shall be returned to the Tabulation and Canvassing Unit concerned, which shall, in turn verify the discrepancy, make the necessary corrections and return the said documents to the Audit and Verification Unit;
   
   
5. Accomplish the certification portion intended for the Audit and Verification Unit in the Statements of Votes.
   
   
6. Forward to the Provincial Board of Canvassers the Statement of Votes by Precinct, Summary of Statement of Votes, with the adding machine tapes, as well as the election returns and their envelopes.
   
   
7. Follow the same procedure for subsequent Statement of Votes by Precinct and Summary of Statement of Votes.

Upon receipt of the Statement of Votes by Precinct and Summary of Statement of Votes prepared by the Tabulation and Canvassing Unit and verified by the Audit and Verification Unit, the Provincial Board of Canvassers shall;

1. Prepare the Statement of Votes by City/Municipality (CEF No. 20-A-1) per legislative district in the following manner:
   
   
   1. The two members of the board shall divide between them the copies of the Statement of Votes by City/Municipality, one member accomplishing one (1) copy and the other member accomplishing two (2) copies;
      
      
   2. The Chairman shall read the Statistical Data, the number of registered voters, the number of voters who actually voted and the votes obtained by each candidate in a city/municipality as appearing in the Summary of Statements of Votes; while the two members shall record simultaneously on their respective copies, the votes obtained by each candidate as they are read by the Chairman.
      
      
   3. When all the columns of a set of Statement of Votes by City/Municipality are filled or when all the Summary of Statement of Votes have been accomplished, the two members shall compare the entries in their respective copies of the Statement of Votes by City/Municipality to verify whether the entries are the same. If there is a discrepancy, the board shall verify the entries and make the proper correction(s).
      
      
   4. The board shall then compute, using an adding machine with tape, the total of the: (1) number of registered voters; (2) number of voters who actually voted; and (3) the votes obtained by each candidate per legislative district. Thereafter, enter the total in the last column of the Statement of Votes by City/Municipality and accomplish the Statistical Data;
   
   
2. Follow the same procedure for subsequent Statement of Votes by Precinct and Summary of Statement of Votes.
   
   
3. Forward the Summary of Statement of Votes and Statement of Votes by City/Municipality to the Audit and Verification Unit for verification of the completeness and correctness of the entries therein.
   
   In case of discrepancy or incomplete data, return the Summary of Statement of Votes and Statement of Votes by City/Municipality to the Provincial Board of Canvassers for correction, which shall thereafter return said documents to the Audit and Verification Unit to ensure that corrections have been made.
   
   After ensuring that corrections have been made, the Audit and Verification Unit shall accomplish the certification portion intended for said unit, and return said documents to the Provincial Board of Canvassers.
   
   
4. Upon receipt of the verified Statement of Votes and Summary of Statement of Votes and Statement of Votes by City/Municipality, the Provincial Board of Canvassers shall accomplish the certification portion intended for said board in all the documents.

SEC. 19. Completion of the canvass. – Upon completion of the canvass, the Provincial Board of Canvassers shall prepare, in six (6) copies, a Certificate of Canvass for Regional Governor and Regional Vice-Governor (CEF No. 29-A) to de distributed as follows:

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 citizens arm designated by the Commission
   
   
5. The fifth copy, to the dominant majority party as determined by the Commission; and
   
   
6. The sixth copy, to the dominant minority party as determined by the Commission.

      The copies intended for the Regional Board of Canvassers, the Election Records and Statistics Department, and the Chairman of the Provincial Board of Canvassers shall each be supported by the

1. Statement of Votes by Precincts (CEF No. 20-A) arranged by city/municipality,
   
   
2. Summary of Statement of Votes and
   
   
3. Statement of Votes by City/Municipality (CEF No. 20-A-1) arranged by legislative district.

The Certificate of Canvass shall be signed and thumbmarked by the Chairman and Members of the Provincial Board of Canvassers, and the watchers, if available. Thereafter, all copies, with their respective supporting documents, shall each be sealed with a serially numbered paper seal (CEF No. 12) and placed inside their corresponding envelopes. Each envelope shall likewise be sealed with a serially numbered paper seal.

SEC. 20. Certificate of Canvass and Proclamation of Winning Candidates for Regional Assemblymen. – The Provincial Board of Canvassers shall prepare, in seven copies, a Certificate of Canvass and Proclamation of Winning Candidates for Regional Assemblymen (CEF No. 28) for each legislative district, to be distributed as follows:

1. The first copy, to the Election Records and Statistics Department, Commission on Elections, Manila;
   
   
2. The second copy, to the Chairman of the Provincial Board of Canvassers;
   
   
3. The third copy, to the Secretary of the Regional Legislative Assembly;
   
   
4. The fourth copy, to the Secretary of the DILG;
   
   
5. The fifth, sixth and seventh copies, to each of the winning candidates.

The Certificate of Canvass and Proclamation shall be signed and thumbmarked by the Chairman and Members of the Provincial Board of Canvassers, and the watchers, if available.

A copy of the supporting Statement of Votes by Precinct, Summary of Statement of Votes and Statement of Votes by City/Municipality shall each be attached to copies (a), (b) and (c) of the Certificate of Canvass and Proclamation.

Copies (a), (b), (c) and (d) shall then be individually folded from top to bottom, sealed with paper seals such that the certificates cannot be opened without breaking the seal, and placed inside their respective envelopes which shall likewise be sealed with paper seals.

SEC. 21. Adjournment/suspension of canvass – In case of adjournment or suspension of canvass, the Tabulation and Canvassing Unit shall:

1. Indicate the page partial total of votes obtained by each candidate and close the same by affixing their initials, when the columns of the Statement of Votes are not all filled at the time of adjournment or suspension;
   
   
2. Indicate the sub-totals on the proper space of the Statement of Votes by Precinct, when the columns of the statement of votes are all filled at the time of adjournment or suspension.

The Provincial Board of Canvassers, on the other hand, shall determine the total number of votes received by each candidate as of its adjournment. It shall prepare a report thereon together with the number of precincts canvassed for the day duly signed by all the members, furnishing the Commission in Manila, by the fastest means of communication, and making available the data contained therein to mass media and other interested parties.

The election returns already canvassed, the remaining unopened envelopes containing election returns and the Statement of Votes by Precinct shall be placed in an empty ballot box/boxes provided for the purpose. Each ballot box used shall be locked with three padlocks and sealed with self-locking serially numbered fixed-length plastic seals, the serial number of which shall be duly recorded in the minutes of the canvass. The chairman, the vice-chairman and the secretary of the provincial board of canvassers, shall each keep one of the three (3) keys to the three (3) padlocks so that the ballot box/boxes cannot be opened without all of them being present.

The said ballot box/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 (3) padlocks. The chairman, the vice-chairman and the secretary of the provincial board of canvassers, shall keep each of the three (3) keys to the three (3) padlocks so that the room cannot be opened without all of them being present.

The watcher shall have the right to stay outside the room to guard the same.

      At the resumption of the canvass, the Secretary shall:

1. verify the condition of the three padlocks and the self-locking serially numbered fixed-length seal of each ballot box;
   
   
2. enter in the Minutes of Canvass a description of the condition thereof, as well as the serial number of the self-locking serially sealed numbered fixed length seal;
   
   
3. destroy the self-locking serially sealed fixed-length seal in the presence of the other members of the Provincial Board of Canvassers and watchers; and
   
   
4. present to the Provincial Board of Canvassers the canvassed election returns, the corresponding Statement of Votes by Precinct and the remaining uncanvassed election returns contained in duly sealed and signed envelopes.

SEC. 22. Delivery of the Certificate of Canvass to the Commission. – The Chairman of the Provincial Board of Canvassers shall personally deliver by fastest means to the Regional Board of Canvassers the original copy of the Certificate of Canvass for Regional Governor and Regional Vice-Governor, together with a copy of the Statement of Votes by City/Municipality.

The Provincial Board of Canvassers shall submit said documents immediately after completion of canvass but not later than August 11, 2005.

SEC. 23. Time, date and place of convening. – At 10:00 o’clock a.m. on August 9, 2005, the Regional Board of Canvassers shall convene at the Session Hall of the Commission on Elections in Manila or in any other place designated by the Commission and proceed with the canvass of the Certificates of Canvass submitted to it by the Provincial Boards of Canvassers. It shall not adjourn until the canvass is completed but may recess from time to time to await the delivery of certificate of canvass. Each time the board adjourns; it shall make a total of all the votes obtained by each candidate, making available the data to the mass media and other interested parties. As soon as the other Certificates of Canvass are received, it shall immediately resume canvassing until all shall have been canvassed. Subject to reasonable exceptions, the Regional Board of Canvassers shall complete its canvass and proclaim the elected candidates not later that August 13, 2005.

SEC. 24. Powers and functions of the Regional Board of Canvassers. – The Regional Board of Canvassers shall canvass the certificate of canvass submitted by the provincial boards of canvassers, and on the basis thereof, prepare in six (6) copies, a Statement of Votes by Province (CEF No. 20-A-2) and proclaim as elected, the candidates for Regional Governor and Vice-Governor who obtained the highest number of votes in the entire Autonomous Region.

SEC. 25. Disposition of questioned Certificates of Canvass. – Any objection to the certificate of canvass shall be specifically noted in the minutes of canvass. Thereafter, the questioned certificate of canvass shall be included in the canvass.

SEC. 26. Preparation of the Certificate of Canvass and Proclamation of Winning Candidates for Regional Governor and Regional Vice-Governor. – The Regional Board of Canvassers shall prepare a Certificate of Canvass and Proclamation of Regional Governor and Vice-Governor (CEF No. 29-A) in six (6) copies, to be distributed as follows: -

1. Election Records and Statistics Department of the Commission
   
   
2. Chairman, Regional Board of Canvassers
   
   
3. Secretary, Regional Assembly
   
   
4. Secretary of the DILG
   
   
5. Winning Candidate for Regional Governor
   
   
6. Winning Candidate for Regional Vice-Governor

The Certificate of Canvass and Proclamation shall be supported by a Statement of Votes by Province containing the total number of votes obtained by each candidate in each province and the grand total they obtained in the entire Autonomous Region. Said documents shall be signed and thumbmarked by the chairman and members of the Regional Board of Canvassers.

Copies (a) to (d) shall be individually folded from top to bottom, sealed with serially numbered paper seals (CEF No. 12) and placed inside their corresponding envelopes, which shall likewise be sealed with serially numbered paper seals.

SEC. 27. Effectivity. – This Resolution shall take effect on the seventh day following its publication.

SEC. 28. Dissemination. – The Education and Information Department shall cause the publication of this Resolution in two (2) newspapers of general circulation and its distribution to the Regional Election Directors of Region IX and XII, respectively, the Provincial Election Supervisors, Election Officers in the provinces of Basilan (except Isabela City) Lanao del Sur, Maguindanao (except Cotabato City), Tawi-Tawi and Sulu and to the President or Secretary General of political parties fielding candidates in the ARMM elections.

The Executive Director shall furnish copies of this Resolution to the Department of Interior and Local Government, Department of Education, Department of Justice, Armed Forces of the Philippines, the Philippine National Police and other deputies of the Commission.


SO ORDERED.