Resolution No. 8500 - Article I

SECTION 1. Board of Canvassers; composition; substitution - There shall be a Regional Board of Canvassers (RBOC) in the Autonomous Region in Muslim Mindanao (ARMM) and a Provincial Board of Canvassers (PBOC) in each of the six (6) provinces comprising said region to canvass the results of the August 11, 2008 ARMM Elections.

The Regional Board of Canvassers shall be composed of:

1. The Regional Election Director of the ARMM, as Chairman;
2. A Representative of equivalent rank from the Department of Justice, as Vice-Chairman; and
3. A Representative 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/or 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/or members of the provincial board of canvassers, the Commissioner-In-Charge, subject to the confirmation of the Commission en banc, shall appoint a ranking lawyer of the Commission and other representatives from the corresponding agencies of the Government, as substitute chairman and members, respectively.

SEC. 2. Supervision and control over the board 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 member of the board. - 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.

If notice has been sent, the reason/s for such absence shall be known. If the reason/s for the absence appears to be unjustified as to show the intention of obstructing the performance of the duties of the board, the members of the board present may order the arrest of the absent regular member. In any case, the absent member shall be substituted in accordance with Section 1 hereof.

In the absence however of such notice, one shall be immediately served on the absent member of the board. If the latter cannot be located or his whereabouts are unknown, he shall then be substituted. As soon as the absent member appears, the substitute member shall relinquish his seat to the regular member of the board, except when the reason/s for his absence is unjustified.

These facts shall be recorded in the Minutes of Canvass of the board.

SEC. 6. Incapacity of a regular member of the board. - In case of sickness or injury of the regular member of the board, 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 officerissuing the same attesting to the incapacity of said regular board member. These facts shall be recorded in the Minutes of Canvass of the board.

SEC. 7. Notice of convening of the board. - The chairmen of the boards of canvassers shall, not later than August 6, 2008, 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 convening of the board. The canvassing of the provincial board of canvassers shall be held in the Session Hall of the Sangguniang Panlalawigan of the province where it sits, or in any other place designated by the Commission. The canvassing of the regional board of canvassers shall be at the Session Hall of the Comelec Main Office, 8th Floor, Palacio del Gobernador, Intramuros, Manila, or in any other place designated by the Commission. Similar notices shall also be sent to the citizens' arm of the Commission.

The notice to be issued by the provincial board of canvassers shall contain the different working groups of the board of canvassers (i.e., Reception and Custody Groups and Sub-canvassing Groups) that will be created so that the candidates may designate their watchers in each group.

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 of the province and in other conspicuous places in the building where the canvass will be held.

SEC. 8. Time and date of convening. - The regional board of canvassers and the provincial boards of canvassers shall convene not later than 11:00 o'clock in the morning of August 11, 2008.

SEC. 9. 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 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. 10. 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. In case there are only two members present, they shall act jointly.

SEC. 11. 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 ARMM shall, with prior authority from the Commission, be entitled collectively to appoint two (2) watchers to serve alternately during the canvass proceedings.

Watchers shall have the following rights:

1. To be present at and take note of all the proceedings of the board; and
2. To file objection to any irregularities noted in the proceedings of the board.

SEC. 12. 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 order in writing the detail of policemen or peace officers for their protection or for the protection of the election documents, paraphernalia, and machines, 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. 13. Safekeeping of printed election returns/certificates of canvass (COCs). - The board of canvassers shall place the printed election returns/Certificates of Canvass (COCs) 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/COCs, 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. 14. Pre-proclamation cases. - No pre-proclamation cases shall be allowed on matters relating to the preparation, transmission, receipt and custody of election returns or the certificates of canvass, as the case may be.

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.

SEC. 15. Submission of the minutes of canvass of the board. - Within five (5) days from termination of canvass, the members-secretaries of the boards of canvassers shall submit to the Law Department of the Commission in Manila byregistered 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.