You are on page 1of 87

2016 National Elections

SUMMARY OF CONTENTS

Primer .......................................................................... Annex A


Canvassing Day Protocol ......................................... Annex B
Notes on Canvassing ................................................Annex C
Relevant COMELEC Resolutions ......................... Annex D

Prepared by:
SPCMB Law Offices

ANNEX A
PRIMER
For
UNA LAWYERS
(Provincial & City Canvass)
I.

LEGAL TEAM

Legal Counsel
The Lead Counsel for UNA in connection with the Election Day proper and Canvassing
Proceedings is the SUBIDO PAGENTE CERTEZA MENDOZA & BINAY LAW OFFICES
(SPCMB Law Offices).
Field Lawyers
SPCMB Law Offices shall field lawyers to all provinces and cities that generate the Certificate
of Canvass that will be transmitted DIRECTLY to the National Board of Canvassers for the
canvassing of votes for President, Vice President and Senators.
The group Abogado ni Binay (ANIB), on the other hand, shall field lawyers to all other cities
and municipalities across the country.
Command Center
The Command Centers for Legal shall be located at:
ON ELECTION DAY (MAY 9)
Office Address

New Horizon Hotel


778 Boni Avenue
Mandaluyong City

Contact Persons

Atty. Claro F. Certeza; Atty. Daniel C. Subido


Atty. Maribert Q. Pagente; Atty. Jose Julius R. Castro

Mobile Nos.

(0917) 833 0131; (0917) 981 6505; (0998) 392 2487

POST ELECTION DAY (MAY 10 ONWARDS)

Office Address

5th Flr., Prince Building


117 Rada Street, Legaspi Village
Makati City 1229, Metro Manila

Contact Persons

Atty. Claro F. Certeza; Atty. Daniel C. Subido


Atty. Maribert Q. Pagente; Atty. Jose Julius R. Castro

Telephone Nos.

(+632) 893 4115; 817 5116; 553 0490


1

ANNEX A

II.

Facsimile No.

(+632) 845 0151

Mobile Nos.

(0917) 833 0131; (0917) 981 6505; (0998) 392 2487

Email address

una.legal2016@gmail.com

DUTIES OF THE FIELD LAWYERS

1. The Field Lawyers are the official lawyers of UNA only insofar as its presidential, vice
presidential and senatorial candidates are concerned.
2. The basic functions of the Field Lawyers are the following:
a. Legal Adviser coordinate with the UNA local area leaders assigned to their
respective provinces and cities, and provide legal advice on matters pertaining to:
i. The vote counting machines (VCMs);
ii. Election Day issues concerning UNA;
iii. Transmittal of election returns from
municipal/city/provincial levels; and
iv. Vote protection.

the

precinct

level

to

the

b. Legal Counsel as the official lawyer of UNA, the Field Lawyers shall represent the
party in the proceedings before the Board of Canvassers (BOC) in their respective
areas of responsibility.
As such, the Field Lawyers are the only ones authorized in their respective areas to (i)
obtain the Certificates of Canvass allotted for UNA as the Dominant Minority Party;
and (ii) receive election returns from UNA watchers.
c. The Field Lawyers must ensure the accuracy of the figures transmitted: (i) from the
VCMs to the city/municipal BOC, (ii) from the city/municipal board of canvassers to
the provincial BOC, (iii) from the provincial BOC to the National BOC, as the case may
be, by coordinating with the Command Center for Legal. The Command Center for
Legal shall have consolidated tallies of the votes from the returns transmitted directly
from the VCMs from which the figures transmitted to and from the
municipal/city/provincial BOCs may be compared.
d. Upon obtaining the Certificate of Canvass, the Field Lawyer must immediately fax,
email or MMS a copy of the Certificate of Canvass to the Command Center for Legal.
e. The hard copy of the Certificates of Canvass shall as soon as possible be delivered to
the Command Center for Legal.

ANNEX A
f.

During the proceedings before the BOC, only the following issues may be raised as
pre-proclamation controversies:
i.

Illegal composition of the BOC when a member of the BOC does not possess
legal qualifications and appointments.

ii.

Illegal proceedings of the BOC when the canvassing is a sham or mere


ceremony, the results of which are pre-determined and manipulated. Any of
the following circumstances indicate an illegal proceeding: hurried canvassing,
terrorism, lack of sufficient notice of the members of the BOC, and improper
venue.

g. When warranted under the circumstances, the following issues may be raised and
argued as matters evidencing the illegal proceedings of the BOC:
i.

When the ER or the certificate of canvass (in appropriate cases):


Are delayed, lost, destroyed or incomplete;
Were prepared under duress, threats, coercion, or intimidation or they are
obviously manufactured or not authentic;
Contain votes or data that are different from those reflected in the other
copies thereof, whether printed or electronic;
Have come from non-existent precincts;
Did not come from the appropriate PCOS machines; and
Did not come from the appropriate Central Canvassing Unit (CCU).

ii.

When the votes in the same election return or certificate of canvass is tabulated
more than once.

iii.

When there are discrepancies in the figures reflected in the statement of votes
and those in the certificate of canvass.

iv.

When falsified election returns or certificate of canvass have been canvassed.

v.

When the CCU used for canvassing is not the one officially appropriated by
COMELEC for canvassing

vi.

When the substitute or fraudulent returns in controverted polling places were


canvassed, the results of which materially affected the standing of the
aggrieved candidate.

h. The Field Lawyers must immediately report to the Command Center for Legal all
actions taken as counsel for UNA in their respective areas of responsibility.
The Field Lawyers must ensure that all matters raised are placed in the Minutes of
Canvass.

ANNEX A
III.

ALLOWANCES

The Field Lawyers shall be given the following:


a.
b.

P20,000.00 per diem (for each day of engagement starting 9 May 2016); and
Meal and mobile phone allowance of P500.00 per day during the engagement.

The amount shall be released to the Field Lawyer upon receipt by the Command Center for
Legal of the Certificate of Canvass issued to UNA as the Dominant Minority Party.
Note:
Enclosed herewith are the following:
a. Canvassing Day Protocol
b. Notes on Canvassing
c. Relevant COMELEC Resolutions

ANNEX B

CANVASSING DAY PROTOCOL


ACTION

YES

NO

I. Preliminaries to Canvassing
A. The BOC shall show to the public and the watchers present that the CCS
box is sealed.
B. The BOC shall remove the plastic seal of the CCS box.
C. The BOC shall open the CCS box.
D. The BOC shall check whether the following are inside the CCS box:
1. CCS laptop box which contains:
Laptop
Secure Digital (SD) Card (installed in laptop)
Power cable of the laptop
Electrical adaptor of the laptop
Three (3) Universal Serial Bus (USB) Security Tokens with label
USB modem with SIM card installed
USB extension cable
Extra SIM card
CD-R
Reams of Paper
2. Three (3) envelopes with label for each BOC member. Each envelope
contains:
One (1) security token
One (1) username
Two (2) passwords:
a. One (1) password to enter the system (8 digits)
b. One (1) to validate security token (6 digits)
3. Checklist of the contents of the box
4. Yellow tie wrap to close the CCS box after election day
5. Extension cord
6. Printer box containing:
Printer
Toner (installed)
Power cable of the printer
USB cable to connect the laptop and printer
7. BGAN (if applicable) containing:
BGAN antenna
Battery
SIM Card (installed)
RJ 45 LAN cable
Electrical extension
Power adapter
Power cable
8. Memory card reader
9. Security plastic seal
E. The BOC shall retrieve the envelopes containing the systems username
and password which shall be in the custody of the Chairman of the

ANNEX B

Board, and the USB tokens for each member of the Board which shall be
distributed among themselves
F. The BOC shall retrieve the CCS laptop from its box and place the CCS
laptop properly on top of the table
II. Canvassing
A. Initialization Procedures
1. The CCS Operator shall plug the power cord of the laptop to the
extension cord
2. The CCS Operator shall plug the extension cord to the electrical
outlet or generator, when necessary
3. The CCS Operator shall turn on the laptop by pressing the power
button.
4. The CCS Operator shall connect the transmission medium (e.g., USB
modem, DSL, Satellite or BGAN) to the laptop
5. The CCS Operator shall connect the printer cable to the USB port of
the laptop and the power cable of the printer to the extension cord
6. The CCS Operator shall turn on the printer by pressing the power
button
7. The CCS Operator shall insert sufficient quantity of paper in the
printer feeder
8. The screen will display show the progress window displaying the
message, Starting CCS. Please wait along with a loading progress
bar
9. The screen will display the WELCOME page of the CCS. This page
contains the log in window to access the system
10. The CCS Operator shall input the USERNAME and PASSWORD on
the corresponding text fields, and click the LOG IN button
11. The system will display the screen for start up with the message at
the top of the screen "Upon completion and acceptance, the ELECTION
will be activated"
12. The two (2) members of the Board will insert their security tokens to
the USB slot of the laptop, one at a time and enter their usernames
and security key passwords in the space provided. Thereafter, they
will click OK
13. The system will ask for username and system password of the
member of the Board. The Chairman will enter his/her username
and click ACCEPT
14. The two (2) members of the Board will insert their security tokens to
the USB slot of the laptop, one at a time and enter their usernames
and security key passwords in the space provided. Thereafter, they
will click OK
15. Wait for the system to finish the initialization process
16. The screen will display the message "INITIALIZATION REPORT."
The initialization report shows zero vote for each candidate
including
the
geographical
information
(Province,
City/Municipality, No. of Clustered Precincts Reported, Total No. of
Clustered Precincts, No. of Registered Voters, and No. of Voters
Actually Voted)

ANNEX B

17. The message ELECTION ACTIVATED will be displayed on the
top panel above the PDF viewer
18. The CCS Operator shall print the INTILIZATION REPORT by
clicking the print icon on the upper right corner of the PRINT
PREVIEW page. The CCS operator shall then wait for the PRINT
dialogue box to be displayed, enter the number "1", in the space
provided for number of copies to be printed, then will click "PRINT"
19. After printing the INITIALIZATION REPORT, the CCS operator
shall click "CONTINUE" found on the bottom part of the PDF viewer
panel to proceed to the HOMEPAGE of the CCS
20. The members of the Board shall affix their signatures on the
certification portion of the INITIALIZATION REPORT
21. After signing the certification portion, the Chairman shall show the
INTIALIZATION REPORT to the public
22. The Member-Secretary shall place the INITIALIZATION REPORT
inside the envelope intended for the purpose
B. Monitoring of Results (MBOC/CBOC/PBOC)
1. Under the MONITORING module, click the MONITOR
TRANSMISSION icon in the HOME PAGE.

2.

A list of barangays of the city/municipality (or, for PBOC, list of


cities/municipalities in the province/district) shall be displayed
with colored button beside the name of the barangay (or, for PBOC,
city/municipality). The color of the button will determine the status
of the transmission of the specific city. The description of the colored
buttons is indicated in the window at the lower portion of the screen.
For For CBOC, to monitor the loading of results from a particular
polling center under a barangay, click on the BARANGAY NAME,
and the list of polling centers will appear
To monitor the loading of results from a particular
precinct/clustered precincts under a polling center, click on the
POLLING CENTER NAME where the precinct/clustered
precincts concerned below, and the list of the clustered
precinct/clustered precincts will appear.

For PBOC, to monitor the loading of results from a particular


city/municipality, click on the CITY/MUNICIPALITY, and the
status of results will be displayed.
3. To return to the previous page, click BACK
4. To update the status of loading of results from a barangay (or, for
PBOC, from a city/municipality) from time to time, click
REFRESH
III. Importing of Precinct Results from VCM to MBOC/CBOC/PBOC
A. To MBOC/ CBOC
1. The Board shall receive from the RCG an envelope containing the
VCM main SD cards for the precinct. The Board shall open the said

ANNEX B

2.
3.
4.

5.

6.
7.
8.
9.
10.
11.
12.
13.

14.

15.

16.

17.
18.
19.

envelope, retrieve the VCM main SD cards and give the same to the
CCS Operator
The CCS Operator shall attach the memory card reader to the laptop
The CCS Operator shall insert the VCM main SD card in the memory
card reader
The CCS Operator shall click on the blue triangle icon found at the
bottom right portion of the HOMEPAGE screen. The hidden side
panel will be displayed, showing the import option. The CCS
operator shall click IMPORT at the upper right portion of the
screen
The screen will display the import dialogue box with the following
message "CLICK HERE TO UPLOAD TRANSMISSION PACKAGE
FILE;" "TRANSMISSION FILE;" and "IMPORT"
The CCS Operator shall click on "CLICK HERE TO UPLOAD
TRANSMISSION PACKAGE FILE"
The CCS will display the "OPEN FILES" Menu
The CCS Operator shall click "DATA" at the left pane of the dialogue
box
The CCS Operator shall click the "SAES" folder from the list of files
in the dialogue box and click on "OPEN" button
The CCS Operator shall click on the "TRANSMISSION PACKAGES"
folder from the list of folder files and click on "OPEN" button
The CCS Operator shall click "TRANSMISSION-PACKAGE.XML"
and click "OPEN" button
The screen returns to the IMPORT dialogue box. He will click
"IMPORT" button
The CCS Operator shall wait until the processing is finished. He will
click the down arrow on the "GENERAL INFORMATION" header
box. The message "THE IMPORT PROCESS WAS FINISHED
SUCCESSFULLY" will be displayed on the screen
If unsuccessful, the message "TABULATION SERVER NOT
FOUND" will appear on the screen, in which case, follow steps [iii]
to [xiii]
The CCS Operator shall remove the VCM main SD card from the
memory card reader, return it to its original envelope and label it
"UPLOADED"
The CCS Operator shall follow the procedures laid down in steps [2]
to [11] for the next VCM SD cards until all VCM SD cards are
imported;
The CCS Operator shall disconnect the memory card reader from the
laptop
The CCS Operator shall click anywhere in the screen outside the
"IMPORT DIALOGUE box". The screen will return to HOMEPAGE
To check if all the VCM SD cards are successfully imported, the CCS
Operator shall follow the procedures for MONITOR
TRANSMISSION

ANNEX B

20. All VCM main SD cards shall be imported to the CCS and after
processing, it shall be placed in the same envelope and returned to
the RCG for submission to the Election Officer.
21. In case the VCM main SD card is not available or is found to be
defective, the Board shall retrieve from the VCM the back-up SD card
and give the same to the operator who shall perform the same
procedures enumerated above.
B. To PBOC
1. The PBOC shall receive from the RCG an envelope containing the CD
labelled "NOT TRANSMITTED" for the city/municipality. The Board
shall open the said envelope, retrieve the CD labelled "NOT
TRANSMITTED" to the CCS Operator
2. The CCS Operator shall insert the CD of a MBOC/CBOC, as the case
may be, in the CD-ROM drive
3. The CCS Operator shall click on the blue triangle icon found at the
bottom right portion of the HOMEPAGE screen. The hidden side
panel will be displayed, showing the import option. The CCS
Operator shall click IMPORT at the upper portion of the screen
4. The screen will display the import dialogue box with the following
message "CLICK HERE TO UPLOAD TRANSMISSION PACKAGE
FILE;" "TRANSMISSION FILE;" and "IMPORT"
5. The CCS Operator shall click on "CLICK HERE TO UPLOAD
TRANSMISSION PACKAGE FILE"
6. The CCS will display the "OPEN FILES" Menu
7. The CCS Operator shall click "DATA" at the left pane of the dialogue
box
8. The CCS Operator shall click the "SAES" folder from the list of files in
the dialogue box and click on "OPEN" button
9. The CCS Operator shall click on the "TRANSMISSION PACKAGES"
folder from the list of folder files and click on "OPEN"
10. The CCS Operator shall click "TRANSMISSION-PACKAGE.XML"
and click "OPEN" button
11. The screen returns to the IMPORT dialogue box. The CCS Operator
shall click "IMPORT" button
12. The CCS Operator shall wait until the processing is finished and click
the down arrow on the "GENERAL INFORMATION" header box.
The message "THE IMPORT PROCESS WAS FINISHED
SUCCESSFULLY" will be displayed on the screen
13. If unsuccessful, the message "TABULATION SERVER NOT FOUND"
will appear on the screen, in which case, follow steps [3] to [12]
14. The CCS Operator shall remove the CD, return it to its original
envelope and label it "UPLOADED"
15. The CCS Operator shall follow the procedures laid down in steps [2]
to [12] for the next CDs until all CDs are imported
16. The CCS Operator shall click anywhere in the screen outside the
"IMPORT DIALOGUE box". The screen will return to HOMEPAGE
17. To check if all the CDs are successfully imported, the CCS Operator
shall follow the procedures for MONITOR TRANSMISSION

ANNEX B

18. The CCS Operator shall wait until the processing is finished
19. The CCS Operator shall remove the CD
20. The CCS Operator shall repeat steps 3 to 14 until all the CDs are
processed
IV. Generation and Printing of Reports
A. Generate and Print the Canvass Report
1. Before the Certificate of Canvass can be generated and printed, the
CCS operator must first generate and print the Canvass Report
2. Under the CANVASSING module, the CCS Operator shall click the
"CANVASSING MANAGEMENT" icon in the HOMEPAGE
3. The list of available reports shall be displayed on the left panel of the
screen. The contents of the canvass report are automatically displayed
on the screen
4. The CCS Operator shall click the checkbox beside the title "CONTEST
NAME" to generate the CANVASS REPORT for all positions, then
click the checkbox beside the CONTEST/POSITION to generate the
CANVASS REPORT for the selected position only. After clicking any
checkbox, the CCS Operator shall click "ISSUE"
5. The CCS Operator shall wait while the system is loading the report.
Thereafter, the CCS shall generate and display the CANVASS
REPORT. The CCS Operator shall scroll down to view the report
6. Once the CANVASS REPORT is generated, under the "STATUS"
header, the button "PARTIAL" becomes BLUE. This means the said
report has been generated. Notice that the next report available will
be in color GREEN meaning that the report may be generated. This
event is available to all Canvassing Reports.
7. The CCS Operator shall print the CANVASS REPORT by clicking on
the printer icon, then he will type the number of copies in the space
provided, and click "PRINT"
8. The CCS Operator shall click "BACK" found at the lower right portion
of the page to go back to the previous page
B. Generate and Print the Certificate of Canvass (COC)
1. If all expected clustered precincts (for MBOC/CBOC) or
city/municipal results (for PBOC/DBOC) have been received
electronically, the Board shall generate the COC
a. Under the Canvassing module, the CCS Operator shall click the
CANVASSING MANAGEMENT icon in the HOME PAGE
b. The CCS Operator shall click on the CERTIFICATE OF
CANVASS option found on the left panel. The list of positions
will be displayed on the right panel.
c. The CCS Operator shall click the checkbox beside the title
CONTEST NAME to generate the COC for all positions. The
CCS Operator shall click the checkbox beside the
CONTEST/POSITION to generate the COC for the selected
position only. After clicking any checkbox, the CCS Operator shall
click ISSUE
d. The system shall require user authentication. The two (2)
members shall, one at a time, insert their USB security token, enter

ANNEX B

their corresponding username and 6-digit security key password
and click "OK"
e. The CCS shall generate the COC and display the same on the
screen
f. The CCS Operator shall print the COC by clicking on the printer
icon, type 8 on the space provided for number of copies, then
click PRINT
g. The CCS Operator shall click "BACK" found at the lower right
portion of the page to go back to the previous page
h. The CCS Operator shall perform transmission procedures laid
down below.
i. After transmission, the CCS Operator shall print the remaining 22
copies of the COC
j. Thereafter, generate and print the Statement of Votes and
Certificate of Canvass Proclamation
k. After printing and proclamation of the winning candidates,
import the results from all main SD cards
2. If not all of the expected results are received electronically, the BOC
will check from the RCG whether there are envelopes containing
main SD cards labelled NOT TRANSMITTED. If there are
envelopes labelled NOT TRANSMITTED, the BOC shall instruct
the CCS Operator to import the results therefrom. If after importing
the results from the main SD cards from the envelopes labelled
NOT TRANSMITED, all of the expected results are received,
perform the procedures laid down in Section B[1]
3. If after importing and still not all of the expected results have been
received but said results will no longer affect the result of the election
in a particular position, the Board shall perform the procedure for
lowering of threshold as laid down in Resolution No. 10102 dated 26
April 2016
Thereafter, to generate and print the COC for that particular
position, the CCS Operator shall follow the procedure laid down in
number Section B[1][a] to [g]
In this case, the BOC may proclaim the winning candidate for said
position but should not proceed to transmission of results until
results from all main SD cards have been imported.
C. Generate and Print Statement of Votes (SOV)
1. Under the Canvassing module, the CCS Operator shall click the
"CANVASSING MANAGEMENT icon in the HOME PAGE
2. From the left panel, the CCS Operator shall scroll down and click the
"STATEMENT OF VOTES (SOV)". The list of positions will be
displayed on the right panel
3. The CCS Operator shall select the position/positions to generate SOV
by clicking on the checkbox beside the position title under the Contest
Name header. To select ALL positions, the CCS Operator shall click

ANNEX B

the checkbox beside the "CONTEST NAME" header. Once any
checkbox is clicked, this will enable the "ISSUE" button
4. The CCS Operator shall click on "ISSUE" button located at the bottom
portion of the screen
5. The CCS Operator shall wait until the print preview of the SOV is
displayed. Click on the printer icon, then type "4" in the space
provided for the number of copies. Then click "PRINT" button
6. The CCS Operator shall Click "BACK" button to return to the
previous page
D. Generation of Certificate of Canvass and Proclamation (COCP)
1. The CCS Operator shall, under the CANVASSING module, click
"CANVASSING MANAGEMENT" icon in the HOME PAGE
2. From the left panel, the CCS Operator shall scroll down and click the
"CERTIFICATE OF CANVASS AND PROCLAMATION (COCP)".
The list of positions will be displayed on the right panel
3. The CCS Operator shall select the position/positions to generate
COCP by clicking on the checkbox beside the position title under the
Contest Name header. To select ALL positions, the CCS Operator
shall click the checkbox beside the "CONTEST NAME" header. Once
any checkbox was clicked, this will enable the "ISSUE" button
4. The CCS Operator shall click on "ISSUE" button located at the bottom
portion of the screen
5. The system shall require user authentication. The two (2) members,
one at a time, will insert their USB security tokens, enter their
corresponding username and security key password and click OK
6. The CCS Operator shall click "PRINT" found at the bottom of the
screen. The print preview of the COCP will be displayed. Repeat
procedures [2] to [6] until all COCP for all positions are generated
7. The CCS Operator shall click "BACK" to return to the previous page
8. The CCS shall return to the CANVASSING MANAGEMENT screen
E. Transmission of Results
1. After generating the canvassing reports, the CCS Operator shall,
under the CANVASSING module, click "TRANSMIT RESULT" icon
in the HOME PAGE
2. The CCS shall display the list of positions/contests with
corresponding checkbox. Also the "Contest Name" header has a
checkbox
3. To select per position, the CCS Operator shall tick the checkbox
individually. To select ALL, The CCS Operator shall tick the
checkbox beside the "Contest Name" header
4. The STATUS for all positions should indicate "CERTIFIED",
otherwise generate the required reports before transmitting results
5. The CCS Operator shall click "TRANSMIT"
6. The TRANSMIT window shall be displayed. This contains the status
of transmission and the transmission process
7. Once the transmission is completed, the CCS will display the message
"TRANSMISSION RESULTS PROCESS WAS FINISHED". After

ANNEX B

transmission, the CCS Operator shall press CLOSE to return to the
TRANSMIT RESULT screen
F. Printing of Audit Log
1. From the HOME PAGE, the CCS Operator shall click the "CONTROL
PANEL" icon
2. Under the EVENTS tab, the screen will display the logs of the CCS
3. The CCS Operator shall click "PRINT" at the bottom of the screen
4. The preview of the audit log shall be displayed. The CCS Operator
shall then click the PRINTER icon
5. The CCS Operator shall enter the number of copies "1" in the space
provided and click "PRINT"
6. The CCS Operator shall click "CONTINUE" to return to the
CONTROL PANEL screen
7. The CCS Operator shall click the "HOME PAGE" icon
G. Post Printing Activities
Immediately after printing copies of the COCs, SOVs and COCP, the
Board shall:
Affix their signatures and thumb marks on the printed COCs,
SOVs and COCP
Ask the watchers present to affix their signatures and thumb
marks on the printed COCs, SOV and COCP
The Chairman of the Board shall publicly announce the total
number of votes received by each candidate, stating their
corresponding offices
The Member-Secretaries shall announce the posting of the COCs
on the wall within the premises of the canvassing area
The Member-Secretaries shall place in the corresponding
envelopes with paper seals all reports
H. Post Election Report
1. When the COC has been generated already and succeeding
transmitted results are received in the CCS, from the left pane, under
OTHER OPTIONS, the CCS Operator shall select "POST ELECTION"
2. The CCS Operator shall check CONTEST NAME to select all
POSITIONS, then click "ISSUE" and wait until the POST ELECTION
Report will display
3. From the right upper portion of the report, the CCS Operator shall
click PRINTER icon then click PRINT button to print the report
4. The CCS Operator shall click BACK button from the LOWER RIGHT
of the screen
5. From the upper left portion, the CCS Operator shall select bluearrow then select HOME to return to Home Page
6. The members of the Board shall affix their signature in the space
provided for the purpose
7. One copy of the Post Election Report shall be submitted to the ERSD,
Comelec and one copy shall be kept by the Chairman of the Board
I. Back-up
After all the results have been successfully transmitted, the CCS Operator
shall:

ANNEX B

1.
2.

Insert a blank disc in the CD drive


Under the Data Handler category, click the "EXPORT DATA" in the
HOME PAGE
3. Click the green icon corresponding to the "BACKUP RESULTS"
4. Wait until the back-up process is finished and the message "The
backup of results process was finished successfully"
5. Remove the CD from the CD drive and:
a. Place inside an envelope provided for the purpose and seal the
same
b. label the envelope with "TRANSMITTED" or "NOT
TRANSMITTED" to show whether the results are transmitted or
not
c. Indicate in the envelope the city/municipality and province
d. sign the envelope; (Note: The CD shall be used by the Boards in
case of failure of transmission)
6. repeat steps [1] to [4] to back-up the files in two (2) additional discs
7. turn-Over the CD to the Chairman
8. submit to the Reception and Custody Group of the Provincial Board
of Canvasser (for MBOC/CBOC)/National Board of Canvassers (for
PBOC)
The two (2) discs used to back-up the city/municipal or provincial
results, duly sealed shall be submitted to the PBOC or CONGRESS, as
the case may be and the Comelec. One (1) copy of the CD shall be retained
by the Chairman of the Board
J. Shutting Down of the CCS
After printing of all the reports and transmission of the
municipal/city/district/provincial results to all intended recipients, the
following shall be undertaken:
The CCS Operator shall click on the blue triangular icon found at
the top leftmost portion of the screen, to display the hidden side
panel
The CCS Operator shall click "END SESSION" option from the
menu. A confirmation message displays on the screen, click "OK"
The CCS Operator shall click the power button and wait for the
laptop to shut down completely
The CCS Operator shall turn-over CCS laptop to the CCS Operator
V. Distribution of the COCs
A. In case of MBOC/CBOC
1. The first copy shall be delivered to the PBOC for use in the
canvass of election results for president, vice-president,
senators, members of the House of Representatives, parties,
organizations or coalitions participating under the party-list
system, and elective provincial officials
2. The second copy shall be sent to the Comelec
3. The third copy shall be kept by the chairman of the board
4. The fourth copy shall be given to the PPCRV designated by the
Comelec to conduct an unofficial count. It shall be the duty of

10

ANNEX B

5.
6.
7.
8.

9.

B.

the PPCRV to furnish independent candidates copies of the COC


at the expense of the requesting party
The fifth copy to Congress, directed to the President of the
Senate
The sixth copy to be posted on a wall within the premises of the
canvassing center
The seventh and eighth copies shall be given to the dominant
majority and minority parties
The ninth to eighteenth copies shall be given to the ten (10)
accredited major national parties, excluding the dominant and
minority parties, in accordance with a voluntary agreement among
them.
If no such agreement is reached, the Comelec shall decide which
parties shall receive the copies on the basis of the criteria provided
in Section 26 of R.A. No. 7166 and Resolution No. 9984
The nineteenth and twentieth copies shall be given to the two
accredited major local parties in accordance with a voluntary
agreement among them.

If no such agreement is reached, the Comelec shall decide which


parties shall receive the copies on the basis of criteria analogous to
that provided in Section 26 of Republic Act No. 7166 and Resolution
No. 9984
10. The twenty-first to the twenty-fifth copies, to national broadcast or
print media entities as may be equitably determined by the Comelec
in view of propagating the copies to the widest extent possible
11. The twenty-sixth and twenty-seventh copies, to local broadcast or
print media entities as may be equitably determined by the Comelec
in view of propagating the copies to the widest extent possible
12. The twenty-eighth to the thirtieth copies, to the major citizens' arms,
including the accredited citizens' arm, and other nonpartisan groups
or organizations enlisted by the Comelec pursuant to Section 52(k)
of Batas Pambansa Big. 881. Such citizens' arms, groups and
organizations may use the three certified copies of ERs for the
conduct of citizens' quick counts at the local or national levels
In case of PBOC or CBOC of cities comprising one or more legislative districts
1. The first copy shall be sent to Congress, directed to the President of
the Senate for use in the canvass election results for President and
Vice-President
2. The second copy shall be sent to the Comelec for use in the canvass
of the election results for senators
3. The third copy shall be kept by the Chairman of the Board
4. The fourth copy shall be given to the PPCRV designated by the
Comelec to conduct an unofficial count. It shall be the duty of the
citizens' arm to furnish independent candidates copies of the COC at
the expense of the requesting party
5. The fifth copy to Congress, directed to the President of the Senate

11

ANNEX B

6. The sixth copy to be posted on a wall within the premises of the
canvassing center
7. The seventh and eighth copies to the dominant majority and minority
parties
8. The ninth and tenth copies to two accredited major national parties
representing the majority and the minority, excluding the dominant
majority and minority parties, to be determined by the Comelec on
the basis of the criteria provided in Section 26 of Republic Act No.
7166 and Resolution No. 9984
9. The eleventh to thirteenth copies to national broadcast media entities
as may be equitably determined by the Comelec in view of
propagating the copies to the widest extent possible
10. The fourteenth copy to another citizens' arm or in the absence thereof,
to a non-partisan group or organization enlisted by the Comelec
pursuant to Section 52(k) of Batas Pambansa Big. 881. Such citizens'
arm or non-partisan group or organization may use the copy of
election return for the conduct of citizens' quick count
11. The board shall also print three (3) copies of the Statement of Votes
by City/Municipality, and each copy shall be attached to the COCs
intended for the Congress, Comelec, and the PBOC
12. The COC and Statement of Votes shall be signed and thumb marked
by the chairman and members of the PBOC, 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
13. The three (3) discs used to back-up the municipal/city consolidated
results shall also be placed individually inside an envelope, duly
sealed, and submitted to the Congress, Comelec, and one copy to be
retained by the Chairman of the Board of Canvassers

12

ANNEX C

GENERAL INSTRUCTIONS
GOVERNING THE CONSOLIDATION/CANVASS
AND TRANSMISSION OF VOTES IN THE 2016 ELECTIONS
(COMELEC Resolution No. 10083, 15 March 2016)
I.

Board of Canvassers (BOC)


A. Composition (Sec. 2, COMELEC Resolution No. 10050, 3 Feb. 2016)
1.

Municipality of Board of Canvassers (MBOC)


a. Chairman: Municipal Election Officer (Municipal
EO) or a representative of the COMELEC
b. Vice-Chairman: Municipal Treasurer
c. Member: District School Supervisor, or in his absence,
most senior Principal of the School District

2.

City Board of Canvassers (CBOC)


a. Chairman: City Election Officer (City EO) or a lawyer
of the COMELEC
b. Vice-Chairman: City Prosecutor
c. Member: Division Superintendent of Schools

3.

Cities in NCR with more than one (1) City EO, the
Regional Election Director (RED) shall designate the
City EO, who shall act as Chairman.

Cities outside NCR with more than one (1) City EO,
the Provincial Election Supervisor (PES) shall
designate the City EO, who shall act as Chairman.

District Board of Canvassers for the Legislative District Taguig-Pateros (DBOC)


a. Chairman: City Election Officer (City EO) or a lawyer
of the COMELEC
b. Vice-Chairman: City Prosecutor
c. Member-Secretary: City Superintendent of Schools

4.

Provincial Board of Canvassers (PBOC)


a. Chairman: Provincial Election Supervisor (PES) or a
lawyer of the COMELEC;
b. Vice-Chairman: Provincial Prosecutor
c. Member-Secretary: District School Superintendent

ANNEX C

5.

Regional Board of Canvassers (RBOC) in the ARMM


a. Chairman: Regional Election Director (RED) or a
lawyer of the COMELEC;
b. Vice-Chairman: a representative of equivalent rank
from Department of Justice (DOJ)
c. Member-Secretary: a representative of equivalent
rank from Department of Education

6. Boards for Newly Created Political Subdivisions (Sec. 3, COMELEC Resolution


No. 10050, 3 Feb. 2016)
-

B.

The RED concerned shall constitute the BOC and appoint the
members thereof for the first election in case the officials who
shall act as members thereof have not yet assumed their duties
and functions.

Substitution (Sec. 5, COMELEC Resolution No. 10050, 3 Feb. 2016)


1.

Grounds
a.
b.
c.
d.

2.

Non-availability,
Absence,
Disqualification due to relationship, or
Incapacity for any cause

Appointing Authority
a. PES for CBOC and MBOC in the province;
b. RED for PBOC in the region;
c. RED of NCR for the DBOC, CBOC, and MBOC in the
region;
d. Chairman of the COMELEC for the RBOC

3.

Qualified Substitutes
a. Chairman an official of the COMELEC
b. Other Members of the Board:
i. PBOC
Provincial Auditor;
Register of Deeds;
Clerk of Court nominated by the Executive
Judge of the RTC;
Any other available appointive provincial
official.
ii. CBOC
Officials corresponding to the officials
designated in PBOC

ANNEX C

iii. MBOC
Municipal Administrator;
Municipal Assessor;
Clerk of Court of the MTC; or
Any other available appointive municipal
officials
iv. DBOC
The next ranking prosecutor
supervisor, as the case maybe
v.

or

district

RBOC
Substitutes shall come from the same office
where the substituted members came from.

4. Procedure
-

In writing, stating therein the reasons for substitution. Within


24 hours from issuance of appointment, the issuing authority
shall furnish copies of the appointment to the Office of the
Deputy Executive Director for Operations (ODEDO) and to the
appointee.

C. Disqualification (Sec. 6 and 15, COMELEC Resolution No. 10050, 3 Feb. 2016)
The following may not be appointed as members of the BOCs:
1. Those designated in an Officer-in-Charge capacity to the
offices/positions enumerated by law as Chairman and
members of the BOCs. Those designated in an acting
capacity may be appointed.
2. Those who are related within the fourth civil degree of
consanguinity or affinity to each other or to the CCS
Operator or to any candidates whose votes will be
canvassed by said Board.
D. Consolidation and Canvassing System (CCS) Operators (Sec. 9, COMELEC
Resolution No. 10050, 3 Feb. 2016)
1.

Description
-

Each BOC shall be assisted by an information technologycapable person authorized to operate the CCS, who must be
deputized by the COMELEC from among the agencies and
instrumentalities of the government, including GOCCS.

ANNEX C

2.

Appointing Authority
a.
b.
c.
d.

3.

Disqualification
-

E.

PES for CBOC and MBOC in the province;


RED for PBOC;
RED of NCR for the DBOC, CBOC, and MBOC in the region;
Chairman of the COMELEC for the RBOC in the ARMM.

Those who are related within the fourth civil degree of


consanguinity or affinity to any member of the BOC or to any
candidates whose votes will be canvassed by said BOC

Reception and Custody Group (RCG) (Sec. 10, COMELEC Resolution No. 10050, 3
Feb. 2016)
1.

Description
-

2.

Each BOC may constitute a RCG for the reception and safekeeping of the SD
cards, and other documents for the BOARD.
Composition

There shall be at least one (1) RCG for every BOC.


The RCG shall be composed of not more than 3 members who
are government appointed officials.

Note:
In cities with more than one (1) legislative district, one (1) RCG for
every legislative district may be constituted.
In municipalities with more than 500 clustered precincts, one (1)
additional RCG may be constituted in accordance with the
following ratio:
No. of Clustered Precincts

F.

No.
RCGs

of

1 to 500

501 to 600
601-700 more

2
3

Other Support Staff (Sec. 11, COMELEC Resolution No. 10050, 3 Feb. 2016)
1. Description
-

The BOC may appoint support staff not exceeding five to assist
in the administrative operations of the canvass.
4

ANNEX C

2. Disqualification
-

Casual Employees cannot be designated as support staff.


Those who are related within the fourth civil degree of
consanguinity or affinity to any member of the BOC or the RCG
or to any candidate whose votes will be canvassed by the BOC.

G. Quorum (Sec. 20, COMELEC Resolution No. 10050, 3 Feb. 2016)


- A majority of the members of the BOC shall constitute a quorum for
the transaction of its official business, and a majority of all members
thereof shall be necessary to render a decision.
H. Prohibition
- During the period beginning 9 May 2016 until the proclamation of
the winning candidates, no member of the BOC shall be transferred,
assigned or detailed outside of his official station nor shall he leave
said station without prior authority of the COMELEC.
I.

Convening of the Boards (Sec. 2, COMELEC Resolution No. 10083, 15 March 2016)
-

J.

3 oclock p.m. of 9 May 2016. It shall meet continuously until the canvass is
completed, and may adjourn only for the purpose of awaiting the ERs/COCs.

Powers and Functions of the BOC (Sec. 3, COMELEC Resolution No. 10083, 15 March
2016)
1. Powers
a.
b.
c.

To keep order within the canvassing room or hall including its


premises
To enforce obedience to its lawful orders
To order in writing a peace officer/soldier, or in their absence,
any other competent and able person to take into custody any
person who refuses to obey any lawful order of the BOC, or
shall disturb or interrupt its proceedings

2. Functions
a.
b.
c.
d.
e.

Canvass/consolidate the electronically transmitted results


Generate and print the COC, COCP, and SOV
Electronically transmit the result
Proclaim the winning candidates
Perform such other functions as may be directed by the
COMELEC

ANNEX C

II.

Right To Be Present, To Counsel, and To Watchers During The Canvass


Each registered political party, or coalition or political parties fielding
candidates, accredited political parties, sectoral party/organization or
coalition thereof participating under the party-list system and every
candidate has the right to be present, to counsel, and one (1) watcher
during the canvass: Provided, that only one (1) counsel may argue for each
party or candidate. (Sec. 4 and 5, COMELEC Resolution No. 10083, 15
March 2016)

III.

Rights of the Watchers during Canvassing Proceedings


A. Rights of the Watchers
1.
2.
3.

Be present at, and take note of, all the proceedings of the BOC;
Stay behind the Chairman of the BOC near enough to be able to
observe the consolidation/canvass of the ERs/COCs without
touching the CCS; and
File
a
protest
against
any
irregularity
noted
in
consolidation/canvass of the ERs/COCs and obtain from the BOC
a resolution thereon in writing.

Note: Watchers shall not be allowed to participate in the deliberation


of the Board.
B.

Disqualification
1.
2.

IV.

Persons Not Allowed Inside Or Within A Radius of Fifty (50) Meters From The
Canvassing Room (Sec. 6, COMELEC Resolution No. 10083, 15 May 2016)

A person convicted by final judgment of any election offense or of


any other crime, or related to any member of a BOC within the
fourth civil degree of consanguinity or affinity
A person who cannot read or write Filipino, English or any of the
prevailing local dialects

Any officer or member of the Armed Forces of the Philippines;


Any officer or member of the Philippine National Police;
Any peace officer or any armed or unarmed persons belonging to an
extra-legal police agency, special forces, strike forces, or civilian armed
forces geographical units;
Any barangay tanod or any member of barangay self-defense units;
Any members of the security or police organizations or government
agencies, commissions, councils, bureaus, offices, instrumentalities, or
government-owned or controlled corporations or their subsidiaries; or
Any members of a privately owned or operated security, investigative,
protective or intelligence agency performing identical or similar
functions.

ANNEX C

Note: The BOC may, whenever necessary, by majority vote direct in
writing for the detail of policemen or peace officers for their protection or
for the protection of the machines, election documents and paraphernalia,
or for the maintenance of peace and order, in which case said policemen or
peace officers, who shall be in proper uniform, shall stay outside the room
but near enough to be easily called by the BOC at any time.
V.

Issues That May Be Raised During The Consolidation/Canvass (Sec. 8, COMELEC


Resolution No. 10083, 15 March 2016)
A. Ground
B.

Issues affecting the composition or proceedings of the Boards

Procedure
1.

By Verified Petition with the BOC


-

2.

If the petition is filed directly with the BOC, its decision may
be appealed to the Comelec within 3 days from issuance
thereof.

By Verified Petition with the COMELEC


-

If commenced directly with the Comelec, the verified petition


shall be filed immediately when the BOC begins to act
illegally, or at the time of the appointment of the member of
the BOC whose capacity to sit as such is objected to.

Note: There shall be no pre-proclamation cases on


issues/controversies relating to the generation/printing,
transmission, receipt and custody, and appreciation of ERs or the
COCs.
VI.

Election Offenses; Electoral Sabotage (Sec. 16, COMELEC Resolution No. 10083, 15
March 2016)
In addition to the prohibited acts and election offenses mentioned herein and those
enumerated in Sections 261 and 262 of Batas Pambansa Big. 881, as amended, the
following shall be guilty of an election offense or a special election offense to be known as
electoral sabotage:
1.
2.

Any person who removes the COC posted on the wall, whether within or after
the prescribed forty-eight (48) hours of posting, or defaces the same in any
manner;
Any person who simulates an actual COC or statement of votes, or a print or
digital copy thereof;

ANNEX C

3.
4.

5.
6.
7.

Any person who simulates the certification of a COC or statement of votes;


The Chairman or any member of the BOC who, during the prescribed period of
posting, removes the COC 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;
The Chairman or any member of the BOC who signs or authenticates a print of
the COC or its supporting statement of votes outside of the polling place;
The Chairman or any member of the BOC who signs or authenticates a print
which bears an image different from the COC or statement of votes produced
after counting and posted on the wall; and
Any person or member of the Board of Election Inspectors or the BOC who
tampers, increases or decreases the votes received by a candidate in any election
or any member of the Board who refuses, after proper verification and hearing,
to credit the correct votes or deduct such tampered votes: Provided, however,
That when the tampering, increase or decrease of votes, or the refusal to credit
the correct votes and/or to deduct tampered votes are perpetrated on a large
scale or in substantial numbers, the same shall be considered, not as an ordinary
election offense under Section 261 and/or 262 of the Omnibus Election Code, but
a special election offense to be known as electoral sabotage and the penalty to be
imposed shall be life imprisonment.

The act or offense committed shall fall under the category of electoral sabotage in any of
the following instances:
1.

2.

3.

When the tampering, increase and/or decrease of votes perpetrated or the refusal
to credit the correct votes or to deduct tampered votes, is/are committed in the
election of a national elective office which is voted upon nationwide and the
tampering, increase and/or decrease votes, refusal to credit the correct votes or
to deduct tampered votes, shall adversely affect the results of the election to the
said national office to the extent that losing candidate/s is/are made to appear
the winner/s;
Regardless of the elective office involved, when the tampering, increase and/or
decrease of votes committed or the refusal to credit the correct votes or to deduct
tampered votes perpetrated, is accomplished in a single election document or in
the transposition of the figures/results from one election document to another
and involved in the said tampering increase and/or decrease or refusal to credit
correct votes or deduct tampered votes exceed five thousand (5,000) votes, and
that the same adversely affects the true results of the election; and
Any and all other forms or tampering increase/s and/or decrease/s of votes
perpetuated or in cases of refusal to credit the correct votes or deduct the
tampered votes, where the total votes involved exceed ten thousand (10,000)
votes.

You might also like