Section 39January 23, 2007, Sec./Art. 39

Section 28 of Republic Act No. 7166 is hereby amended as follows:

"SEC. 28. Canvassing by Provincial City, District, and Municipal Board of Canvassers. - a) The City or municipal of board of canvassers shall canvass the election return of President, Vice president, Senator and Members of the House of Representatives and for elective provincial and city or municipal officials: Provided, That the returns for national positions shall be canvassed first Upon completion of the canvass, it shall prepare the certificate of canvass for of Representatives and elective provincial officials, announce the results of the election for national positions in the city or municipality, and thereafter, proclaims the elected city or municipal officials, as the case may be.

"b) The city board of canvassers of cities comprising one or more legislative district shall canvass the election returns for president, vice-president, senator, members of the House of Representatives and elective city officials: Provided, That the returns for positions shall be canvassed first. Upon completion of the canvass, the board shall prepare the certificate of canvass, of president, vice-president, and senator, announce the results of the election for national positions in the city, and thereafter, proclaim the elected members of the House of the Representatives and city officials.

"c) (1) In the Metro Manila Area such municipality comprising a legislative district shall have district board of canvass the election return for President, Vice-Presidents, Senator, Members for the House of Representatives and elective municipal officials: Provided, That the return for national positions shall be prepare the certificate of canvass for president, vice-presidents, senators, announce the results of the election for national position in the municipality, and thereafter, proclaim the elected member of the House of the Representatives and city officials.

"(2) Each component municipality in a legislative district in the Metro Manila Area shall have a municipal board of canvassers which shall canvass the election returns for president, vice-president, senator, members of the House of representatives and elective municipal officials: Provided, That the returns for national positions shall be canvassed first. Upon completion of the canvass, it shall prepare the certificate of canvass for presidents, vice-presidents, senators, and members of the House of the Representatives, announce the results of the election for national position in the municipality, and thereafter, proclaim the elected municipal officials.

"(3) The district board of canvassers of each legislative district comprising two municipalities in Metro Manila area shall canvass the certificate of canvass the for President, Vice-Presidents, Senator and Members of the House of representatives submitted by the municipal board of canvassers of the Component municipalities. Upon completion of the canvass, it shall prepare a certificate of canvass for president, vice-president, and senator, announce the results of the election for national positions in the district, and thereafter, proclaim the elected member of the House of the Representatives in the legislative district.

"(d) The provincial board of canvassers shall canvass the certificate of canvass for president, vice president, senators and members of the House of Representatives and elective provincial officials as well as plebiscite results, if any plebiscite is conducted simultaneously with the same election, as submitted by the board of canvassers of municipalities and component cities: Provided, That the returns for national position shall be canvassed first. Upon completion of the canvass, it shall prepare the certificate of canvass for president, vice-president, and senator, announce the results of the election for national position in the province, proclaim the elected member of the House of Representatives and provincial officials as well as the plebiscite results, if any.

"In conducting the canvass of election return of certificates of canvass, as the case may be, the board of canvassers in a municipality, city, district or province shall project each election return or certificate of canvass on a wall from which its contents shall be read in order that those present in the canvassing canter may follow the progress of the canvassing process from beginning to end. The Commission may utilize the appropriate projection equipment for this purpose.

"Immediately after the certificate of canvass for national positions is accomplished, the chairman of the Board of Canvassers shall announce the posting of the second copy thereof and its supporting statement of votes on a wall with sufficient lighting within the premises of the canvassing center. He shall then proceed to do the same in the present in the canvassing center. Without delay and when feasible, he shall capture images of the certificate of canvass and supporting statements of votes using a secured data capturing device and thereafter, while in the premises of the canvassing center, immediately print the data so captured in thirty (30) copies.

The board of canvassers shall then authenticates each printed copy, in the presence of watchers and within public view, by closely comparing the same with the certificate of canvass or statement of votes, as the case may be, posted on of the wall. If the board finds each printed copy a faithful reproduction of the certificate of canvass or statement of votes, all members thereof shall annotate and sign a certification to that effect on the bottom front of the printed copy.

"Each certified printed copy shall be placed in an envelope and distributed as herein provided. Designated recipient of the certified printed copies may receive their copies at the canvassing center.

"The Chairman of the board shall transmit the digital files of the certificate of canvass and its supporting statement of votes using a secured transmission device with authentication features to the secured tabulation system of the Commission and to the systems of the other designated recipients as herein provided.

"Any provision of law to the contrary notwithstanding, any of the recipients of the print or digital copies of the certificate of canvass and the supporting statements of votes may conduct an unofficial consolidation of votes and may announce the result thereof to the public.

"Any violation of this section, or its pertinent portion, shall constitute an election offence and shall be penalized in accordance with Batas Pambansa Blg. 881.

"In addition, the following shall likewise be guilty of an election offence:

"(a) Any person who remove the certificate of canvass posted on the wall, whether within or after the prescribed forty-eight (48) hours of posting, or defaces the same in any manner;

"(b) Any person who simulates an actual certificates of canvass or statement of votes, or a print or digital copy thereof;

"(c) Any person who simulates the certification of a certificate of canvass or statement of votes;

"(d) The chairman or any member of the board of canvassers who, during the prescribed period of posting, remove the certificate of canvass or its supporting statement of votes from the wall on which they have been posted other than for the purpose of immediately transferring them to a more suitable place;

"(e) The chairman of any member of the board of canvassers who sign or authenticates a print of the certificate of canvass or its supporting statement of votes outside of the polling place: and

"(f) The chairman or any member of the board of canvassers who sign or authenticates a print which bears an image different from the certificate of canvass or statement of votes produced after counting and posted on the wall."