Article 111p. 111

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

m)

City/municipal/district/provincial

certificate

of

canvass refers to a document in electronic and in printed

form containing the total votes in figures obtained by

each candidates in a city/municipality/district/province, as

the case may be, the electronic form of which is the

official canvass result in the aforementioned jurisdictions

and is the one electronically transmitted to a higher

canvass level.

n) Certificate of Canvass and Proclamation refers to

the official document in printed form that contains the

name of all candidates who obtain the higher number of

votes in a particular constituency and certifies to said

candidates' proclamation as winners

o) Data Storage Device refers to the device where

electronic documents are stored and from which said

data may be obtained when necessary to verify the

accuracy and correctness of election data. It includes the

back-up storage device in which authentic electronic

copies of said data are also stored.

p) Audit Log refers to the document that contains the

list of all activities performed by the PCOS machines from

the time that it was powered-on, until the time when

closed.

q) Electronic document refers to information or the

representation of information, data, figures, symbols or

other modes of written expression, described or however

represented, by which a fact may be proved and affirmed,

which

is

received,

recorded,

transmitted,

stored

processed, retrieve or produced electronically. It includes

digitally signed documents and any print-out or output,

readable by sight or other means, which accurately

reflects the electronic document.

For purposes of these Rules, electronic documents

refer to either the picture image of the ballots and

electronic copies of the election returns, of statements of

votes,

of

certificates

of

canvass,

and

or

the

other

electronic data relative to the processing done by the

PCOS machines and the various consolidation machines.

PART II PRE-PROCLAMATION CONTROVERSIES

Rule 3 Coverage of Pre-Proclamation Controversies

Section

1.

Pre-Proclamation

Controversy.

—

A

pre-proclamation controversy refers to the proceedings of

the board of canvassers which may be raised by any

candidates or by any registered political party or coalition

of political parties, or by any accredited and participating

party list group, before the board or directly with the

Commission. It covers only two issues:

a. Illegal composition of the Board of Canvassers

(BOC);

b. Illegal proceedings of the BOC.

The

basis

of

the

canvass

shall

be electronically

transmitted results.

Section

2.

Jurisdiction

of

the

Commission

in

Pre-Proclamation

Controversies.

—

COMELEC

has

exclusive jurisdiction in pre-proclamation controversies

arising from national, regional or local elections.

A pre-proclamation controversy may be raised by any

candidate

or

by

any

registered

political

party,

organization, or coalition of political parties before the

BOC, or directly with the Commission.

Issues affecting the composition or proceedings of

the Boards may be initiated by filing a verified petition

before the Board or directly with the Commission.

If the petition is filed directly 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.

Section 3. Rights of Political Parties and Candidates

Before the Board of Canvassers in Pre-Proclamation

Cases. -

a) All registered political parties, organizations, or

coalitions of political parties, and accredited citizens'

arms, and candidates, have the right to be present and to

be represented by counsel during the canvass of election

returns, or certificates of canvass.

b) Only one counsel may argue for each registered

political party, organization, or coalition of political parties,

accredited citizens' arm or candidate.

c) No dilatory action shall be allowed by the BOC. It

may impose time limits for oral arguments.

d) All registered political parties, organizations, or

coalitions of political parties, and candidates, are entitled

to obtain a copy of the Statement of Votes per precinct

and

a

copy

of

the

certificate

of

canvass

duly

authenticated by the BOC.

Rule 4 Illegal Composition or Proceedings of the Board of

Canvassers

Section

1.

Illegal

Composition

of the Board of

Canvassers. — There is illegal composition of the BOC

when, among other similar circumstances, any of the

members

do

not

possess

legal

qualifications

and

appointments.

The

information

technology

capable

person required to assist the BOC by Republic Act No.

9369 shall be included as among those whose lack of

qualifications may be questioned.

Section

2.

Illegal

Proceedings of the Board of

Canvassers. — There is illegal proceedings of the BOC

when the canvassing is a sham or mere ceremony, the

results of which are pre-determined and manipulated as

when any of the following circumstances are present:

a) precipitate canvassing;

b) terrorism;

c) lack of sufficient notice to the members of the

BOC's;

d) Improper venue

Section

3.

Where

and

How

Commenced.

—

Questions affecting the composition or proceedings of

the BOC may be initiated in the BOC or directly with the

Commission, with a verified petition, clearly stating the

specific ground/s for the illegality of the composition

and/or proceedings of the board.

Section 4. When to File Petition. — The petition

questioning

the illegality, or the composition and/or

proceedings of the BOC shall be filed immediately when

the BOC begins to act as such is objected to, if it comes

after the canvassing of the Board, or immediately when

the proceedings become illegal.

a) In case the petition is filed before the BOC:

a.1) Upon receipt of the verified petition, the BOC shall

immediately announce the fact of the filing of said

petition and the ground/s raised therein.

a.2) The BOC shall immediately deliberate on the

petition, and within a period of twenty-four (24) hours,

make a prompt resolution thereon, which resolution shall

be reduced into writing.

a.3) Should the BOC decide in favor of the petition, it

shall

immediately

inform

the

Commission

of

its

resolution. Thereafter, the Commission shall make the

appropriate action thereon.

a.4) In no case shall the receipt by the BOC of the

electronically transmitted precinct, municipal, city, or

provincial results, be suspended by the filing of said

petition.

a.5) The petitioner may appeal an adverse resolution

by the BOC to the COMELEC, by notifying the BOC of his

or her intent to appeal, through a verbal, and a written

and verified Notice of Appeal. The notice on the BOC shall

© Compiled by RGL

111 of 111