Resolution No. 8300 - Article XI

Sec. 62. Board of canvassers. - There shall be one (1) board of canvassers hereinafter referred to as the BBOC, in each barangay to canvass the election returns for both the barangay and sangguniang kabataan elections and thereafter proclaim the winning candidates.

The election officers shall constitute the BBOC not later than October 10, 2007.

In barangays with more than one (1) BET, the chairmen and members of the BOC shall be chosen from among the different chairmen of the BETs of the precincts in the barangay. The most senior, service wise, among them shall be designated as chairman.

In case there are not enough chairmen of the BET to constitute the BBOC, the election officer shall appoint a member of the BET as Member-Secretary of the BBOC.

In barangays with only one (1) BET, said BET shall act as the BBOC.

Sec. 63. Supervision and control over the BBOC. - The Commission shall have direct supervision and control over the BBOC.

Any member of the BBOC may, at any time, be relieved for cause and substituted motu proprio by the Commission.

Sec 64. Relationship with candidates and other members. - The chairman and members of the BBOC shall not be related within the fourth civil degree of consanguinity or affinity to any barangay candidate or sangguniang kabataan candidate or to any member of the same BBOC.

Sec. 65. Prohibition against leaving official station. - Beginning on election day until the proclamation of the winning candidates, no member of the BBOC shall be transferred, assigned, or detailed outside of his official station, nor shall he leave said station without prior authority from the Commission.

Sec. 66. Feigned illness. - Any member of the BBOC feigning illness in order to be substituted shall be guilty of an election offense.

Sec. 67. Notice of meeting of the BBOC. - At least five (5) days before the meeting of the BBOC, the chairman shall give notice of the date, time and place of its meeting to all members thereof and to each candidate.

Sec. 68. Vote required. - A majority vote of all the members of the BBOC shall be necessary to render a decision.

Sec. 69. Canvass by the BBOC. -

1. The BBOC for barangays with more than one (1) BET shall meet at six o'clock in the afternoon of election day in the voting center of the barangay and shall forthwith canvass the election returns of the precincts within the barangay. If the barangay has several voting centers, the canvassing shall be held in the voting center that is most accessible.
2. In canvassing the election returns, the BBOC shall comply with the following procedures:
1. The secretary shall receive the election returns contained in a duly sealed envelope from the BET and record in its Minutes of Canvass the condition and serial number of the envelope; the condition and serial number of the paper seal attached to the envelope; and the corresponding precinct number(s);
2. Before opening each envelope, the chairman shall:
1. exhibit the envelope to those who are present;
2. open the envelope and retrieve the election returns;
3. examine the condition of the inner paper seal of the election returns; while the secretary records in the Minutes of Canvass the condition and serial number of said paper seal; and
4. break the inner seal, unfold the election returns and exhibit the same; while the secretary records in the Minutes of Canvass the condition and serial number of the election returns
3. If there is no objection to the election returns, the BBOC shall proceed to canvass by reading the votes of the candidate and entering the same in the Statement of Votes.

For purposes of accomplishing the Statement of Votes, the BBOC shall:

1. divide the three (3) copies between the vice-chairman (2 copies) and the secretary (1 copy);
2. fill up the:
• statistical data portion; and
• number of registered voters and voters who actually voted
3. accomplish the Statement of Votes simultaneously as the chairman reads the votes.
4. If there is an objection to the election returns, the secretary shall note the objection in the Minutes of Canvass and proceed to canvass the election returns as provided in Item No. 3 hereof.
5. Immediately after an election returns has been canvassed, the chairman shall write on the upper right hand corner the word "CANVASSED" and affix below it his signature and the date of the canvass. Thereafter, the canvassed election returns shall be returned to its envelope.
6. When all the election returns have been canvassed:
1. The vice-chairman and secretary shall compare the entries contained in their respective copies of the statement of votes. If there are discrepancies in the entries, they shall refer to the corresponding election returns and make the necessary corrections on the statement of votes. All corrections shall be initialed by the chairman and members;
2. If the entries are accurate, the BBOC shall affix their signatures above their printed names and imprint their thumbmarks on the certification portion of the statement of votes.
7. After the statement of votes has been completed, the BBOC shall announce the results of the election; and
8. Prepare the certificate of canvass and proclamation.
3. In barangays with only one (1) BET, the chairman of the BET shall, upon completion and certification of the election returns, publicly announce the total number of votes received by each candidate in the precinct. Thereafter, the BET acting as the BBOC shall immediately accomplish in triplicate the statement of votes and certificate of canvass and proclamation.

In case of barangays where the BET is assigned to supervise simultaneously a barangay precinct and a sangguniang kabataan precinct, the BET shall proceed to canvass the election returns for the sangguniang kabataan elections first and proclaim the winning candidates in accordance with the canvass and proclamation procedures provided herein. Thereafter, the BET shall proceed to canvass the election returns for the barangay elections and proclaim the winning candidates in accordance with the canvassing and proclamation procedures provided herein.

In case of barangays with only one (1) BET supervising only one (1) barangay precinct, said BET shall immediately proceed to canvass the election returns for the barangay elections and proclaim the winning candidates in accordance with the procedures provided herein.

In case of barangays with more than one (1) BET, the BETs shall deliver to the barangay board of canvassers, the copy of election returns for said barangay board of canvassers.

Sec. 70. Manifest error. -

1. Where it is clearly shown before proclamation that manifest errors were committed in the tabulation or tallying election returns during the canvassing, the BBOC may motu proprio, or upon verified petition by any candidate, after due notice and hearing, correct the errors committed.

There is manifest error in the tabulation or tallying of the result during the canvassing when:

1. A copy of the election returns was tabulated more than once;
2. Two or more copies of the election returns for one precinct were tabulated;
3. There was a mistake in the copying of the figures from the election returns to the statement of votes;
4. Election returns from non-existent precincts were included in the canvass;
5. Election returns from precinct of one barangay were included in the canvass for another barangay;
6. There was a mistake in the addition of the votes of any candidate
2. In order to correct manifest errors, the following procedures shall be complied with:
1. The order for correction must be in writing and promulgated;
2. Any candidate aggrieved by the said order may appeal the same to the Commission within twenty-four (24) hours from promulgation;
3. Once an appeal is made, the board of canvassers shall not proclaim the winning candidate, unless the votes are not affected by the appeal;
4. The appeal must implead as respondents the board of canvassers concerned and all candidates that may be adversely affected;
5. Upon receipt of the appeal, the Clerk of Court concerned shall forthwith summons together with a copy of the appeal of the respondent;
6. The Clerk of Court concerned shall immediately set the appeal for hearing;
7. The appeal shall be heard and immediately decided by the Commission en banc.

Sec. 71. Proclamation of results. - After affixing their signatures and thumbmarks on the certification portion of both the statement of votes and certificate of canvass and proclamation, the BBOC shall then officially proclaim as elected the candidates for sangguniang kabataan chairman and seven (7) kagawads of the sangguniang kabataan who obtained the highest number of votes.

A copy of the statement of votes shall be attached to each copy of the certificate of canvass and proclamation. In case of a tie, Section 81 herein shall apply.

The BBOC shall then proceed to canvass the election returns for the barangay election following the same procedures as in the canvass of election returns for the sangguniang kabataan elections.

Sec. 72. Safekeeping of canvassed election returns. - After the canvass, the BBOC shall return the election returns for the barangay or sangguniang kabataan in their original envelopes, place these envelopes in the envelope for canvassed election returns, close and seal the same with a paper seal. The serial number of the paper seal shall be noted in the Minutes of Canvass. The chairman and members thereof shall affix their signatures on the paper seal.

Thereafter, the BBOC shall deliver the envelope containing the canvassed election returns to the city/municipal treasurer who shall place the same in a ballot box, together with the envelopes containing the canvassed election returns from other barangays, in the presence of the election officer. The ballot box shall be padlocked, with the election officer keeping the key thereto. It shall also be locked with a self-locking metal seal, the serial number of which shall be reported to the election officer and the Election Records and Statistics Department, COMELEC, Manila. The ballot box shall be kept in a safe and secure room in the office of the city/municipal treasurer.

Sec. 73. Certificate of canvass and proclamation. - The BBOC shall prepare in quadruplicate the certificate of canvass and proclamation duly signed and thumbmarked by each member, supported by a statement of votes received by each candidate in each precinct, and, on the basis thereof, proclaim as elected the punong barangay and seven (7) kagawads and the sangguniang kabataan chairman and seven (7) sangguniang kabataan kagawads who obtained the highest number of votes.

Subject to reasonable exceptions, the BBOC shall complete the canvass within twenty-four (24) hours from the time the first election returns is canvassed.

Sec. 74. Distribution of certificate of canvass and proclamation. - Copies of the certificate of canvass and proclamation shall be distributed as follows:

1. Original, to the election officer;
2. Second Copy, to the winning candidate for Chairman of the barangay or sangguniang kabataan elections;
3. Third Copy, to the Secretary of the sangguniang bayan/panlungsod, as the case may be; and
4. Fourth Copy, to the Secretary of the sangguniang barangay.

The winning candidate for punong barangay or sangguniang kabataan Chairman shall reproduce the copies of the certificate of canvass and proclamation and distribute the same to each of the winning kagawads.

It shall be the duty of the election officer to submit on or before November 15, 2007, to the Election Records and Statistics Department, COMELEC, Manila, a certified list of the votes obtained by each candidate ranked from highest to lowest for the barangay and sangguniang kabataan elections in each barangay.

Sec. 75. Persons not allowed inside the canvassing room. - It shall be unlawful for any officer or member of the Armed Forces of the Philippines, including the Philippine National Police; peace officer; armed or unarmed person belonging to any extra-legal police agency, special/reaction/strike/home defense force, barangay self-defense units; barangay tanod; member of the security or police organizations of government departments, commission, councils, bureaus, offices, instrumentalities, or government-owned or controlled corporations or their subsidiaries; or any member of a private-owned or operated security, investigative, protective or intelligence agency performing identical or similar functions, to enter the room where the canvassing of the election returns is being held, or to stay within a radius of fifty (50) meters from such room: Provided, however, That the BBOC may, by majority vote in writing, order the detail of policemen or any peace officer for its protection of that of the election documents and paraphernalia in its possession, 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 within a radius of thirty (30) meters near enough to be easily called by the BBOC at any time.

Sec. 76. When the election returns are delayed, lost or destroyed. - In case the copy of the election returns for the BBOC is missing, the BBOC shall, by messenger or other means, obtain such missing election returns from the BET concerned, or, if said copy has been lost or destroyed, the BBOC may, upon prior authority of the Commission, through the Commissioner-In-Charge of the concerned region, use any of the authentic copies of the said election returns and forthwith direct its representative to investigate the case and immediately report the matter to the Commission.

Even if the BBOC has not received all of the election returns, it may terminate the canvass and proclaim the candidates elected on the basis of the available election returns provided that the missing election returns will no longer affect the results of the elections.

Sec. 77. Material defects in the election returns. - If it should clearly appear that some requisites in form or data had been omitted in the election returns, the BBOC shall call for all the members of the BET concerned by the most expeditious means, for the same BET to effect the correction: Provided, That in case of the omission in the election returns of the name of the any candidate and/or his corresponding votes, the BBOC shall require the BET to complete the necessary data in the election returns and affix therein their initials: Provided, further, That if the votes omitted in the returns cannot be ascertained by other means except by recounting the ballots, the Commission shall, after satisfying itself that the identity and integrity of the ballot box and the ballots therein have not been violated, order the BET to open the ballot box and count the votes for the candidates whose votes have been omitted, with notice thereof to all candidates for the position involved, and thereafter complete the returns.

The right of a candidate to avail of this provision shall not be lost or affected by the fact that an election protest is subsequently filed by any of the candidates.

Sec. 78. When election returns appear to be tampered with or falsified. - If the election returns submitted to the BBOC appear to be tampered with, altered, or falsified after they have left the hands of the BET, or are otherwise not authentic, or were prepared by persons other than the members of the BET or by such BET but under duress, force, intimidation, the BBOC shall use other copies of the said election returns and, if necessary, the copy inside the ballot box, which upon previous authority given by the Commission, through the Commissioner-In-Charge of the region concerned, may be retrieved in accordance with Section 220 of the Omnibus Election Code. If the other copy of the returns is likewise tampered with, altered, falsified, not authentic, prepared by persons other than the BET or by such BET but under duress, force, intimidation, the BBOC shall bring the matter to the attention of the Commission. The Commission shall then, after giving notice to all the candidates concerned and satisfying itself that nothing in the ballot box indicates that its identity and integrity have been violated, order the opening of the ballots therein has been duly preserved, it shall order the recount of the votes of the candidates affected and prepare a new return, which shall then be used by BBOC as basis for the canvass.

Sec. 79. Discrepancies in election returns. - In case it appears to the BBOC that there exist discrepancies in the votes of any candidate in words and in figures in the same returns, and in either case the difference affects the results of the elections the Commission shall, upon motion of the BBOC or any candidate affected and after due notice to all candidates concerned, proceed summarily to determine whether the integrity of the ballot box had been preserved.

Once the Commission is satisfied that the integrity of the ballot box had been preserved, it shall order the opening of the ballot box to recount the votes cast in the polling place solely for the purpose of determining the true result of the count of votes of the candidates concerned.

If upon opening the ballot box as ordered by the Commission, it should appear that there are signs of replacement, tampering, or violation of the integrity of the ballots, the Commission shall not recount the ballots but forthwith seal the ballot box and order its safekeeping.

Sec. 80. Questions affecting the election returns; finality of decision thereon. - All questions affecting the election returns shall be raised during the canvass and decided immediately by a majority vote of all members of the BBOC. The decision shall be reduced in writing and form part of the Minutes of the proceedings and shall be final and immediately executory.

After all questions on the election returns shall have been resolved, the BBOC shall forthwith proceed with the proclamation of the winning candidates, without prejudice to the right of an aggrieved party to file an election protest.

Sec. 81. Elections resulting in a tie. - In cases where two (2) or more candidates for punong barangay or sangguniang kabataan chairman received an equal and highest number of votes, or where two (2) or more candidates for sangguniang barangay kagawad or sangguniang kabataan kagawad received the same number of votes for the first or last place, the BBOC, after recording this fact in its Minutes, shall, by resolution, and upon five (5) days notice to all the candidates concerned, hold a special public meeting in which the BBOC shall proceed to the drawing of lots between the candidates who have tied and proclaim as elected the candidates who may be favored by luck.

The other candidates who lost in the draw for the first place, if there are only two (2) who tied, shall automatically be the second placer. If, however, more than two (2) candidates tied for first place, rolled pieces of paper duly marked by the numbers "1", "2", "3", and so on shall be made and the contesting candidates shall draw any one thereof, one after the other, and thereafter publicly open the same.

The number of the rolled paper drawn by each shall decide their ranking. The same procedure shall apply if the tie occurs among the second placers and so on.

If the tie is for the position of punong barangay or sangguniang kabataan chairman or for the seventh place for sangguniang barangay kagawad or sangguniang kabataan kagawad, the one favored by luck and proclaimed as elected shall have the right to assume office in the same manner as if he had been elected by plurality vote. The BBOC shall forthwith issue a certificate stating the name of the candidate who had been favored by luck and his proclamation on the basis thereof.

Nothing in this Section shall be construed as depriving the candidate of his right to contest the election.