Resolution No. 10000

Promulgation: 02 October 2015

RULES AND REGULATIONS GOVERNING THE CONDUCT OF THE DECEMBER 12, 2015 PLEBISCITE TO RATIFY THE CONVERSION OF THE MUNICIPALITY OF GENERAL TRIAS, PROVINCE OF CAVITE INTO A COMPONENT CITY PURSUANT TO REPUBLIC ACT NO. 10675, OTHERWISE KNOWN AS THE "CHARTER OF THE CITY OF GENERAL TRIAS"

The Commission on Elections (Commission), by virtue of the powers conferred upon it by the Constitution of the Republic of the Philippines, the Omnibus Election Code, the Local Government Code of 1991, Republic Act No. 7166, and other election laws, RESOLVED to PROMULGATE, the following rules and regulations to govern the conduct of the December 12, 2015 Plebiscite to ratify the conversion of the Municipality of General Trias, Province of Cavite into a component city pursuant to Republic Act No. 10675.

SECTION 1. Supervision and control. - The Commission shall have direct supervision and control over the conduct of the plebiscite.

SEC. 2. Expenses and election forms and paraphernalia. - All expenses in the holding the plebiscite shall be borne by the Municipality of General Trias, Province of Cavite.

For this purpose, the Deputy Executive Director for Operations (ODEDO) shall prepare the budgetary requirements and require the proponents to immediately remit the amount for the conduct of the plebiscite.

SEC. 3. Posting of pertinent resolutions. - At least ten (10) days prior to the day of the plebiscite, the Election Officer (EO) of General Trias, Cavite, shall cause the posting of all pertinent resolutions in conspicuous places within the Municipality of General Trias, Cavite.

SEC. 4. Information campaign. - An objective information campaign on the plebiscite shall be conducted from November 12, 2015 up to December 10, 2015. During this period, civic, professional, religious, business, youth and any other similar organizations may hold symposia, public rallies or meetings to enlighten the voters of the said municipality on the plebiscite issues, and to campaign for or against the ratification of the conversion of the Municipality of General Trias, Province of Cavite into a component city pursuant to Republic Act No. 10675. Constructive discussions and debates shall be encouraged and the voters assured of the freedom to voice their opinion regarding the issues, advantages or disadvantages thereof.

The Election Officer of General Trias, Cavite, in coordination with the local government officials, mass media, Non Governmental Organizations (NGOs) and other civic groups shall convene barangay assemblies or "pulong-pulongs" for such constructive discussions and debates.

SEC. 5. Date of plebiscite and voting hours. - The plebiscite shall be held on December 12, 2015 (Saturday). The voting shall start at seven o'clock in the morning and end at three o'clock in the afternoon, except when there are voters present within thirty meters in front of the polling place who have not yet cast their votes, in which case the voting shall continue but only to allow said voters to cast their votes without interruption. The poll clerk shall, without delay, prepare a list containing the names of said voters consecutively numbered, and the voters so listed shall be called to vote by announcing each name repeatedly three times in the order in which they are listed. Any voter in the list who is not present when his name is called out shall not be permitted to vote.

SEC. 6. Area of coverage. - The plebiscite shall be held within the entire Municpality [sic] of General Trias, Province of Cavite.

SEC. 7. Who may vote. - All qualified and duly registered voters of the Municipality of General Trias after the July 20, 2015 Election Registration Board (ERB) hearing are eligible to vote in the plebiscite.

The Information Technology Department (ITD), shall prepare the lists of voters for use in the plebiscite in accordance with Section 11 hereof.

SEC. 8. Plebiscite Committee (PlebCom); Composition, Compensation, Duties and Functions. - The PlebCom shall be composed of a Chairman and two (2) members, one of whom shall be designated as Poll Clerk, and the other as Third Member, all of whom shall be public school teachers, giving preference to those with permanent appointment and those who served in the October 28, 2013 Barangay Elections.

In case there are not enough public school teachers, teachers in private schools, employees in the civil service, or citizens of known probity and competence who are registered voters of the municipality may be appointed as members of the BEI; provided, that the chairman shall be a public school teacher.

Each member of the PlebCom shall be entitled to a per diem of Three Thousand Pesos (Php3,000.00) for services rendered in connection with the plebiscite, and a transportation allowance of Three Hundred Pesos (Php300.00) per member.

The PlebCom shall have the following powers and duties:

  1. Supervise and conduct the voting in the polling place on December 12, 2015;
  2. Count the votes and thereafter prepare the plebiscite returns and other required documents/reports and distribute the same as herein provided;
  3. Furnish watchers certificate of votes upon request;
  4. Act as deputies of the Commission in the supervision and control of the plebiscite in the polling places wherein they are assigned to ensure the holding of free, orderly, honest, peaceful and credible plebiscite;
  5. Maintain order within the polling place and its premises, to keep access thereto, open and unobstructed, and to enforce obedience to its lawful orders.

    If any person shall refuse to obey lawful orders of the PlebCom or shall conduct himself in a disorderly manner in its presence or within its hearing thereby interrupting or disturbing its proceedings, the PlebCom may issue an order in writing directing any peace officer to take such person into custody until the adjournment of the meeting, but such order shall not be executed as to prevent the person so taken into custody from exercising his right to vote. Such order shall be executed by any peace officer to whom it may be delivered, but if none is present, by any other person deputized by the PlebCom in writing; and
  6. Perform such other functions/duties as may be prescribed by the Commission.

SEC. 9. Disqualifications. - No person shall serve as chairman or member of the PlebCom if related within the fourth civil degree of consanguinity or affinity to any member of the same PlebCom.

No member of the PlebCom shall engage, directly or indirectly, in any partisan political activity or take part in the plebiscite, except to discharge the Member's duties as such, and to vote, provided the Member is a registered voter of the Municipality of General Trias, Province of Cavite.

SEC. 10. Precincts and polling places. - For purposes of the December 12, 2015 plebiscite, the precincts established after the July 20, 2015 Election Registration Board (ERB) Hearing, and clustered based on Comelec Resolution No. 9718 dated 18 June 2013 entitled "Guidelines in the Clustering/Grouping of Precincts for Purposes of the October 28, 2013 Barangay and Sangguniang Kabataan (SK) Elections" shall be adopted.

There shall be one Department of Education (DepEd) Supervisor and three (3) Support Staff in every polling center. Each DepEd Supervisor in a polling center shall receive a per diem of Three Thousand Pesos (P3,000.00) for each day of service, provided that in no case shall payment of per diem for services rendered exceed Three Thousand Pesos (P3,000.00). Support personnel from the DepEd who may be required by the Commission to perform election duties shall each be entitled to a per diem of One Thousand Five Hundred (P1,500.00) for each day of service, provided that in no case shall payment of per diem for services rendered exceed One Thousand Five Hundred Pesos (P1,500.00).

SEC. 11. Posted Computerized Voters List (PCVL); Election Day Computerized Voters List (EDCVL). - The ITD shall print three (3) copies of the PCVL which shall be certified by the ERB.

One (1) copy of the PCVL shall be given to the PlebCom for use on plebiscite day. The other two (2) copies of the PCVL shall be distributed as follows:

  1. One copy for posting at the Office of the EO;
  2. One copy for posting at the bulletin board of the municipal hall of General Trias, Cavite.

The ITD shall also print two (2) copies of the EDCVL which shall likewise be certified by the ERB.

Sec. 12. Distribution of plebiscite forms and supplies. - The Municipal Treasurer of General Trias, Cavite, shall, in coordination with the EO concerned, distribute the plebiscite forms and supplies to the PlebComs in the morning of the day of the plebiscite. The EO or his authorized representatives shall release the PCVLs and EDCVLs to the DepEd Supervisor concerned who shall in turn release them to the PlebComs.

The distribution may be done earlier but not beyond one day before the plebiscite, upon prior approval of the Provincial Election Supervisor of Cavite. The Provincial Election Supervisor of cavite [sic] is hereby authorized to approve requests for early delivery of plebiscite forms and supplies, subject to the following conditions:

  1. That there is considerable distance between the Office of the Treasurer and the location of the polling place;
  2. That there is lack or difficulty of means of transportation in the area;
  3. That the total number of precincts in the city is such that if the delivery of the official ballots, plebiscite returns, other plebiscite forms and paraphernalia is done early in the morning of plebiscite day, not all the PlebComs may be able to receive said documents and paraphernalia in time for the opening of polls at 7:00 a.m. of plebiscite day; or
  4. That the peace and order conditions in the area justify such advance delivery in order to ensure the security of the forms, documents and paraphernalia, and safety of the members of the PlebComs.

SEC. 13. Official ballot. - The official ballot shall be distributed at the ratio of one ballot per voter.

The official ballot shall bear the following heading "OFFICIAL BALLOT"; "PLEBISCITE"; "DECEMBER 12, 2015; "MUNICIPALITY OF GENERAL TRIAS, RPOVINCE [sic] OF CAVITE"; and underneath the following instructions: "Fill out this ballot secretly using the ballot secrecy folder. Do not put any distinctive mark on any part of this ballot."

The following question shall be provided in the official ballot:

"DO YOU APPROVE OF THE CONVERSION OF THE MUNICIPALITY OF GENERAL TRIAS, PROVINCE OF CAVITE INTO A COMPONENT CITY PURSUANT TO REPUBLIC ACT NO. 10675 OTHERWISE KNOWN AS THE 'CHARTER OF THE CITY OF GENERAL TRIAS'?"

The voter who will vote for its approval shall write the word "YES" or "OO" or its conceptual equivalent, in the blank box after the question, or if he will vote for its rejection, the word "NO" or "HINDI" or its conceptual equivalent, shall be written in the blank box after the question.

SEC. 14. Preliminaries to the voting.- The PlebCom shall meet at the polling place at six o'clock in the morning of plebiscite day, and do the following:

  1. See to it that it has all the plebiscite forms, documents and supplies needed;
  2. Post one (1) copy of the PCVL at the door of the polling place;
  3. Post the Poster Indicating the Precinct Number and Location of Polling Place (CE Form No. 3) near or at the door of the polling place;
  4. Place the ballot secrecy folder on top of the desk/chair.

Before the voting begins, the chairman of the BEI shall:

  1. Open the ballot box, empty both of its compartments, exhibit them to all those present and, being empty, lock its interior cover with one (1) padlock. The Poll Clerk shall keep the key to the padlock during the voting; and
  2. Show to the public and to the watchers present the package of Official Ballots, duly sealed, and thereafter, break the seals. The number of pads and the serial numbers of the ballots in each pad, and the fact that the package of ballots was shown to the public with the seals intact shall be entered in the Minutes.

The interior cover of the ballot box shall remain locked until the voting is finished and the counting begins. However, if it should become necessary to make room for more ballots, the chairman, may, in the presence of the members and watchers, unlock the padlock, open the interior covers of the box, press down the ballots contained therein without removing any of them, after which the chairman shall again close the interior cover of the ballot box and lock it with the padlock. Such fact shall be recorded in the Minutes.

SEC. 15. Manner of obtaining ballots.- The voter shall:

  1. Look for his/her name in the PCVL posted near the door of the polling place and find out his/her precinct number and sequence number;
  2. Approach the PlebCom member of the precinct, give his/her name, address and the sequence number in the PCVL, together with the other data concerning his/her person;

The PlebCom shall verify if the name of the voter is in the EDCVL. If the name of the voter is in the EDCVL, the voter's identity shall then be established through the following:

  1. The voter's photograph in the EDCVL or specimen signatures in any authentic document which may establish his identity except barangay certificate or community tax certificate; or
  2. In the absence of any of the above-mentioned proof of identity, any member of the PlebCom or any registered voter of the precinct/clustered precinct may identify under oath a voter, and such act shall be reflected in the Minutes.

If the PlebCom is satisfied with the voter's identity, the name of the voter shall be distinctly announced in a voice loud enough to be heard throughout the polling place. Otherwise, the voter shall be directed to leave the polling place after being informed of the reason therefore. If the voter is not challenged, or having been challenged, the question has been decided in the voter's favor, the voter shall be directed to the chairman of the PlebCom.

Before giving the ballot to the voter, the chairman of the PlebCom shall check if any of the voter's fingernail has already been stained with indelible ink. If already stained, it shall be a conclusive presumption that the voter has already cast a vote. As such, the voter shall not be allowed to vote and informed of the reason therefor, and shall be directed to leave the polling place. This fact, including the name and the precinct assignment of the voter, shall be recorded by the Poll Clerk in the Minutes;

If there is no stain, the chairman of the PlebCom shall affix his/her signature in the EDCVL; authenticate the ballot by affixing his/her signature at the back thereof; instruct the voter on how to fill-up the ballot properly; fold the ballot in such a manner that its face, except the portion where the serial number appears is covered, give the ballot to the voter; and require the voter to affix his/her signature in the proper space on the EDCVL.

The failure to authenticate the ballot shall not invalidate the ballot but shall constitute an election offense.

Only the chairman shall issue the ballot, and not more than one ballot shall be issued at one time.

SEC. 16. Manner of voting. - The voter, upon receiving the folded ballot, shall, using a ballot secrecy folder, fill the ballot by writing, if amenable to the question, the word "YES" or "OO" or its conceptual equivalent, in the blank box after the question, or if for rejection, the word "NO" or "HINDI" or its conceptual equivalent, shall be written in the blank box after the question.

SEC. 17. Prohibition on voting. - It shall be unlawful for a voter to:

  1. Bring the ballot and/or ballot secrecy folder outside of the polling place;
  2. Speak with anyone other than as herein provided while inside the polling place;
  3. Accomplish or fill the ballot without using the ballot secrecy folder or exhibit its contents;
  4. Fill the ballot accompanied by another, except in the case of an illiterate or person with disability/disabled voter;
  5. Erase any printing from the ballot, or put any distinguishing mark on the ballot;
  6. Use carbon paper, paraffin paper or other means of making a copy of the contents of the ballot, or otherwise make use of any other scheme to identify the voter's vote, including the use of digital cameras, cellular phones with camera or similar gadgets; and
  7. Intentionally tear or deface the ballot.

SEC. 18. Spoiled ballots. - If a voter accidentally spoils or defaces a ballot in such a way that it can no longer be lawfully used, the voter shall surrender it folded to the chairman who shall write the word "spoiled" in the corresponding space above the ballot serial number in the EDCVL. The spoiled ballot shall, without being unfolded and without removing the detachable coupon, be distinctly marked with the word "spoiled" and signed by the chairman of the PlebCom at the back thereof and immediately placed in the compartment of the ballot box for spoiled ballots.

The voter shall then be given another ballot duly authenticated by the chairman after announcing the serial number of the second ballot and recording said serial number above the word "spoiled". If the second ballot is again spoiled or defaced in such a way that it can no longer be lawfully used, the same shall be surrendered correctly folded to the chairman in the same manner as the first spoiled or defaced ballot. No voter, however, shall change ballot more than once.

However, in cases of spoiled ballots under paragraphs (c), (e) and (g) of Section 17, and under Section 19 herein, the voter shall not be issued another ballot.

SEC. 19. Procedure after voting. - After the voter has filled up the ballot, the voter shall fold it in the same manner as when the voter received it; then, in the presence of all the members of the PlebCom, affix his/her thumbmark in the corresponding space in the ballot coupon, and return the folded ballot to the chairman.

The chairman, in the presence of the voter and all the members of the PlebCom, without unfolding the ballot or seeing its contents, shall determine whether it is the same ballot given to the voter by comparing the ballot's serial number as against the serial number previously entered in the EDCVL.

Any ballot returned to the chairman, the serial number of which does not tally with the serial number of the ballot issued to the voter as entered in EDCVL, shall be considered "spoiled" and shall be so marked and signed by the Chairman of the PlebCom, and placed inside the compartment for spoiled ballots. Such fact shall be indicated in the Minutes of Voting and Counting of Votes.

If the ballot has the same serial number as that written in the EDCVL, the Chairman shall apply a drop of indelible stain ink at the base and extending to the cuticle of the right index fingernail of the voter, or any other fingernail if there be no right index fingernail. If the voter refuses to be stained, the voter shall be informed that such refusal will render the ballot spoiled. If the voter still refuses despite being informed thereof, the Chairman shall, without unfolding the ballot and without removing the detachable coupon thereof, distinctly mark the ballot with the word "spoiled", and thereafter sign the same at the back thereof and immediately place said spoiled ballot in the compartment of the ballot box for spoiled ballots. The voter shall then be requested to leave. Such fact shall be indicated in the Minutes.

After the voter's fingernail has been stained, the Chairman shall sign in the proper space in the EDCVL; detach the ballot coupon in the presence of the other members of the PlebCom, and of the voter; and deposit the folded ballot in the compartment of the ballot box for valid ballots and the detached coupon in the compartment for spoiled ballots. Thereafter, the voter shall leave the polling place.

SEC. 20. Prohibition against premature announcement of voting. - During the voting, no member of the PlebCom shall make any announcement as to whether a certain registered voter has already voted or not, as to how many have already voted or how many so far have failed to vote or any other fact tending to show or showing the state of the polls; nor shall make any statement at any time, except as witness before a court or body as to how many persons voted.

SEC. 21. Disposition of unused ballots. - After the voting, the chairman in the presence of the other members of the PlebCom shall record in the Minutes of Voting and Counting the quantity of unused ballots; therafter [sic] tear the unused ballots in half lengthwise; put one half in the envelope for the purpose (CEF 16-A), and submit to the EO for safekeeping; put the other half in another envelope for the purpose (CEF 16-B) deposit the envelope inside the compartment of the ballot box for valid ballots.

The fact of tearing in half the unused ballots as well as putting one half in an envelope for submission to the Election Officer, and putting the other half in another envelope, and depositing the same inside the compartment of the ballot box for valid ballots, shall also be entered in the Minutes.

SEC. 22. Counting of votes to be public and without interruption. - After the voting is finished, the PlebCom shall publicly count the votes cast and ascertain the results in the polling place. For this purpose, the PlebCom shall rearrange the physical set-up of the polling place for the counting or perform any other activity with respect to the transition from voting to counting, but it may do so only in the presence of watchers, and within close view of the public. At all times, the ballot boxes and all documents shall be within close view of the watchers and the public. Unless otherwise ordered by the Commission, the PlebCom shall not adjourn, postpone or delay the counting.

Any violation of this Section, or its pertinent portion, shall constitute an election offense and shall be penalized in accordance with BP Blg. 881, as amended.

SEC. 23. Transfer of counting of votes to safer place. - The Commission, through the Election Officer, in the interest of free, orderly, and honest elections, may authorize the PlebCom to count the votes and accomplish the plebiscite returns and other forms in any other place within a public building in the city on account of imminent danger of widespread violence, terrorism, disorder or similar causes of comparable magnitude; Provided, That [sic] the transfer shall have been recommended in writing by the PlebCom by unanimous vote and endorsed in writing by the majority of watchers present: Provided, further, that the transfer is to the nearest safe barangay or school building within the city and that it shall not be located within the perimeter of or inside a military or police camp, reservation, headquarters, detachment or field office nor within the premises of a prison or detention compound of any law enforcement or investigation agency. This fact shall be recorded in the Minutes.

In effecting the transfer, the PlebCom shall ensure the safety and integrity of all plebiscite documents and paraphernalia. The PNP and/or the AFP in the area in consultation with the Election Officer shall provide adequate security and transport facilities to the members of the PlebCom and plebiscite documents and paraphernalia during the transfer and counting of votes.

SEC. 24. Preliminaries to the counting of votes. - The PlebCom shall unlock the padlock, open the interior covers of the box, take out the ballots from the compartment for valid ballots, and proceed to examine the ballots to determine whether there are:

  1. Excess ballots. - The PlebCom shall, without unfolding the ballots or exposing their contents, count the number of ballots in the compartment for valid ballots, and compare the number of ballots inside the ballot box with the number of voters who actually voted as reflected in the EDCVL. If there are more ballots than there are voters who actually voted, all the ballots shall be returned to the compartment for valid ballots and thoroughly mixed therein. The Poll Clerk, without seeing the ballots and with his back to the ballot box, shall publicly draw out as many ballots as may be equal to the excess and, without unfolding them, place them in the Envelope for Excess Ballots.

    If, in the course of examination, ballots are found folded together before they were deposited in the box, they shall be placed in the Envelope for Excess Ballots.
  2. Ballots with detachable coupons. - In case a ballot with undetached coupon is found in the ballot box, the coupon shall be removed and deposited in the compartment for spoiled ballots. The ballot shall be included in the pile of valid ballots.
  3. Ballots with the word "spoiled". - If a ballot with the word "spoiled" should be found in the compartment for valid ballots, it shall be placed in the corresponding Envelope for Spoiled Ballots.
  4. Marked ballots. - The PlebCom shall unfold the ballots and determine whether there are any marked ballots. If any should be found, they shall be placed in an Envelope for Marked Ballots.

Excess, spoiled and marked ballots shall not be read during the counting of votes. The envelope containing the excess, spoiled and marked ballots shall be signed and sealed by the members of the PlebCom and deposited in the compartment for valid ballots of the ballot box.

SEC. 25. Ballots deposited in the compartment for spoiled ballots. - The ballots deposited in the compartment for spoiled ballots shall be presumed to be spoiled, whether or not they contain such notation. However, if during the voting any valid ballot was erroneously deposited in this compartment, the PlebCom shall open said compartment after the voting and before the counting of votes for the sole purpose of drawing out the ballots erroneously deposited therein. The valid ballots so withdrawn shall be mixed with the other valid ballots. Such facts shall be recorded in the Minutes.

SEC. 26. Manner of counting of votes. - The PlebCom shall unfold the ballots and form separate piles of one hundred (100) ballots each held together by rubber bands. The chairman of the PlebCom shall take the ballots of the first pile one by one and read what was voted.

In reading the official ballot during the counting, the chairman, poll clerk and third member shall assume such position as to provide the watchers and the members of the public as may be conveniently accommodated in the polling place, an unimpeded view of the ballot being read by the chairman, as well as of the election returns and tally board being simultaneously accomplished by the poll clerk and the third member, respectively, without touching any of said election documents. The table shall be cleared of all unnecessary writing paraphernalia. Any violation hereof shall constitute an election offense.

The poll clerk shall take hold of the plebiscite returns and the third member shall tack the tally board on the blackboard or any available space within the plain view of the PlebCom, watchers and the public.

The poll clerk and the third member shall record simultaneously in the plebiscite returns and in the tally board, respectively, each vote as it is read. Each vote shall be recorded by a vertical line, except every fifth vote which shall be recorded by a diagonal line crossing the previous four vertical lines.

After finishing the first pile, the PlebCom shall count the tallies for the Affirmative and Negative votes and record the sub-totals in the column immediately after the last tara recorded in the plebiscite returns and tally board, respectively.

The Poll Clerk and the Third Member shall compare the tallies reflected in the plebiscite returns and tally board.

In case of discrepancy, a recount shall be made. The ballots shall again be grouped together as before the reading.

Thereafter, the same procedures shall be followed with the subsequent piles of ballots.

After all the ballots for the precinct have been counted, the PlebCom shall:

  1. Sum up the sub-totals of recorded Affirmative and Negative Votes and enter the grand total in words and in figure in the plebiscite returns and tally board;
  2. See to it that the entries in the first copy of the plebiscite returns are clearly impressed and reflected properly in the other two (2) copies;
  3. Sign and affix their thumb marks on the certification portion printed at the bottom of the plebiscite returns and tally board; and
  4. Place the counted ballots in an envelope provided for the purpose, close the envelope with a serially numbered paper seal, sign and deposit the same in the compartment for valid ballots. The accomplished tally board, certified by the PlebCom, shall also be deposited in the compartment for valid ballots.

After all the ballots have been read, the PlebCom shall record, in words and in figures, the total affirmative votes and the total negative votes, both in the plebiscite returns and in the tally board.

The counted ballots shall be placed in an envelope provided for the purpose, which envelope shall be sealed, signed and deposited in the compartment for valid ballots of the ballot box. The tally board as accomplished and certified by the PlebCom shall not be changed or destroyed but shall be kept in the compartment for valid ballots of the ballot box.

SEC. 27. Rules for the appreciation of ballots. - In the reading and appreciation of ballots, every ballot shall be presumed to be valid unless there is clear and good reason to justify its rejection. The PlebCom shall observe the following rules, bearing in mind that the object of the election is to obtain the expression of the voters will:

  1. When two words are written on the ballot, one of which is a "yes" or "oo" and the other is a "no" or "hindi", the vote shall not be counted for either;
  2. A vote incorrectly written which, when read, has a sound similar to a "yes" or "oo" when correctly written shall be counted in favor of a "yes" or "oo";
  3. A vote incorrectly written which, when read, has a sound similar to a "no" or "hindi" when correctly written shall be counted in favor of a "no" or "hindi";
  4. When a vote is written elsewhere in the ballot other than the space provided, the vote shall be counted in favor of such vote, unless it is used as a means to identify the voter, in which case, the whole ballot shall be void;
  5. When a vote appears in the appropriate space in the ballot and in another space elsewhere in the ballot, the vote shall be counted in favor of the vote written inside the box, except when the other vote written elsewhere in the ballot is used as a means to identify the voter, in which case, the whole ballot shall be void.
  6. When in the space provided in the ballot there appears a vote that is erased and another clearly written, the vote clearly written should be counted;
  7. Any vote which is illegible or which does not sufficiently identify the vote intended shall be considered as a stray vote.
  8. Any ballot written with crayon, lead pencil, or in ink, wholly or in part, shall be valid;
  9. Ballots with a vote printed and pasted on the ballot or affixed thereto through any mechanical process are totally null and void;
  10. Circles, crosses or lines put on the ballot shall be considered as signs to indicate his desistance from voting and shall not invalidate the ballot;
  11. Unless it should clearly appear that they have been deliberately put by the voter to serve as identification marks, commas, dots, lines, or hyphens in the ballot, the first letters or syllables of a vote which the voter does not continue, the use of two or more kinds of writing and unintentional or accidental flourishes, strokes or strains, shall not invalidate the ballot;
  12. Any ballot which clearly appears to have been filled by two distinct persons before it was deposited in the ballot box during the voting is totally null and void;
  13. The accidental tearing or perforation of a ballot does not annul it; and
  14. The failure to remove the detachable coupon from a ballot does not annul such ballot.

SEC. 28. Preparation of the plebiscite returns. - The plebiscite returns shall be prepared in three (3) copies. All the members of the PlebCom shall sign the certification printed at the bottom of the plebiscite returns and affix their respective thumb marks on the space provided.

Upon completion of the plebiscite returns, each copy shall be placed in separate envelopes provided for the purpose, and the PlebCom shall immediately distribute the same under proper receipt, as follows:

  1. The first copy, to the Municipal Plebiscite Board of Canvassers;
  2. The second copy, to the Election Records and Statistics Department of the Commission in Manila; and
  3. The third copy shall be deposited inside the ballot box.

SEC. 29. Announcement of results. - Upon completion of the plebiscite returns, the Chairman of the PlebCom shall orally and publicly announce the total number of Affirmative and Negative Votes cast and counted in the precinct.

SEC. 30. Alterations and corrections in the plebiscite returns. - Any correction or alteration made in the plebiscite returns by the PlebCom before the announcement of the results of the plebiscite in the polling place shall be duly initialed by all the members thereof.

After the announcement of the results of the plebiscite, the PlebCom shall not make any alteration or amendment in any of the copies of the returns, unless ordered by the Commission.

SEC. 31. Disposition of ballot boxes, keys, plebiscite returns and other documents. - Upon the termination of counting of votes and the announcement of results in the precinct, the PlebCom shall:

  1. Place the following documents inside the compartment of the ballot box for valid ballots:

    1. Envelopes containing the (i) Counted official ballots; (ii) Excess/marked/spoiled and one-half of torn unused official ballots; (iii) Plebiscite Returns (copy for the ballot box); (iv) Minutes of Voting and Counting (copy for the ballot box).
    2. Tally Board; and
    3. Stubs of used official ballots.
  2. Close the interior covers of the ballot box, lock with one padlock and seal with one (1) plastic security seal, and lock the outer cover of the ballot box with two (2) padlocks. The serial number of the plastic security seal shall be recorded in the Minutes of Voting and Counting before the same (Minutes) is deposited inside the ballot box. The keys to the padlocks shall be placed in a separate envelope which shall be sealed and signed by all members of the PlebCom, and submitted to the Election Officer.
  3. Deliver the ballot box, as well as all documents and supplies, to the Municipal Treasurer as, accompanied by the watchers present. In case the ballot box delivered by the PlebCom is not locked, the Municipal Treasurer shall lock the ballot box, and report such event to the Election Officer.
  4. Deliver to the Election Officer the following:

    1. Envelope containing the plebiscite returns copy for the Election Records and Statistics Department;
    2. Envelope containing the keys to the ballot box;
    3. Envelope containing a copy of the Minutes of Voting and Counting;
    4. Envelope containing the other half of torn unused ballots.

SEC. 32. Certificates of votes; wrapping the lid of the ballot box. - Before leaving the precinct, the PlebCom shall issue a Certificate of Votes to the watchers upon the latter's request.

The PlebCom shall also ensure that before the delivery of the ballot box to the City Treasurer, they shall seal the lid of the ballot box with packaging tapes in such a way that the lid cannot be opened without destroying the packaging tapes, and with all the members of the PlebCom and all watchers affixing their signatures on said packaging tapes.

SEC. 33. Municipal Plebiscite Board of Canvassers (MPBOC). - There shall be a Municipal Plebiscite Board of Canvassers (MPBOC), assisted by fifteen (15) Sub-canvassing Committees (SCC) which shall canvass the plebiscite returns submitted by the PlebCom. The MPBOC shall be composed of the EO of General Trias, Cavite as Chairman, the Municipal Treasurer as Vice-Chairman, and the DepEd Supervisor as Member-Secretary.

At least five (5) days before the day of the plebiscite, the chairman shall issue a written notice to the other members of the MPBOC, separate from the written notice given by the chairman as to the convening of the MPBOC, that it shall convene at six o'clock in the afternoon of the plebiscite day to canvass the plebiscite returns. The Notice of Convening shall include information on how many SCCs have been established.

The Notice of Convening shall also be posted in three (3) conspicuous places in the Municipal Hall of General Trias, Cavite.

The MPBOC shall meet at the Session Hall of the Municipal Hall of General Trias, Cavite not later than six o'clock in the afternoon of plebiscite day and shall canvass the plebiscite returns and shall not adjourn until the canvass is completed.

SEC. 34. Sub-Canvassing Committees. - The MPBOC shall constitute fifteen (15) Sub-Canvassing Committees (SCCs) to enable them to complete the canvass within the period prescribed herein. The SCCs shall be composed of three (3) members, consisting of a Chairman, a Vice-Chairman, and a Member Secretary, all of whom shall be designated by the Election Officer (EO).

The SCCs shall be under the direct supervision and control of the MPBOC. The names of the members of the SCCs and the plebiscite returns assigned to them for canvass shall be properly recorded in the minutes of the proceedings.

In no case shall casual employees or employees of the Offices of the Provincial Governor, Municipal Mayor, Punong Barangays or the corresponding Sangguniang Bayan be appointed/designated to serve as member of any SCC.

SEC. 35. Reception and Custody Group. - The MPBOC shall constitute a Reception and Custody Group (RCG) composed of three (3) members, for the reception and safekeeping of plebiscite returns. For this purpose, the Election Officer shall provide the RCG with the Project of Precincts (POP) of General Trias, Cavite.

The RCG shall determine which of the plebiscite returns of the precincts listed in the POP have already been submitted, or which are yet to be submitted by the PlebComs, to the end that the returns from one (1) precinct is canvassed only once. The RCG shall maintain a record showing the:

  1. Time and date of receipt;
  2. Corresponding precinct number of the returns;
  3. Serial number of the envelop and paper seal; and
  4. Condition of the envelope and paper seal.

The RCG shall submit to the Election Officer (EO) a list of the precincts, the plebiscite returns of which have not yet been submitted to enable the latter to obtain the returns in accordance with the rules.

In no case shall casual employees or employees of the Office of the Provincial Governor, Municipal Mayor, Punong Barangays or the Sangguniang Bayan be appointed/designated to serve as a member of the RCG.

SEC. 36. Tabulation Group.- The MPBOC shall constitute a Tabulation Group (TG) composed of two (2) members, which shall be under the direct supervision and control of the MPBOC.

The TG shall compute the sub-total of the SOVP prepared by the SCC. The names of each tabulator in the Tabulation Group and the SOVP assigned to them for tabulation shall be properly recorded in the proceedings.

In no case shall casual employees of the Offices of the Provincial Governor, Municipal Mayor, Punong Barangays or Sangguniang Bayan be appointed/designated to serve as member of the TG.

SEC. 37. Supervision and control over the CPBOC. - The Commission shall have direct control of and supervision over the MPBOC and may motu proprio relieve at any time any member thereof for cause and may substitute him in accordance with Sec. 26 hereof.

SEC. 38. Absence of a regular member. - In case of absence of a regular member, the members present shall first verify whether or not the notice stating the date, time and place of canvassing has been duly served on the absent regular member.

In the absence of such notice, one shall be immediately sent to the absent member. If the latter cannot be located, or his whereabouts are unknown, he shall then be substituted. These facts shall be recorded in the respective minutes of the MPBOC. As soon as the absent member appears, the substitute member shall relinquish his seat to the regular member.

SEC. 39. Incapacitated regular member. - In case of sickness or serious injury of the regular member, a sworn medical certificate shall be required attesting to the incapacity of said member. Upon submission of the medical certificate, a substitute shall be appointed. Said certificate shall be recorded in the Minutes of the MPBOC.

SEC. 40. Substitution of chairman and members. - In case of non-availability, absence, disqualification due to relationship, or incapacity for any cause of the MPBOC Chairman, the Regional Election Director of Region IV shall appoint a lawyer of the Commission as substitute. With respect to the other members of the MPBOC, the Regional Election Director of Region IV shall appoint as substitute the following in the order named: the Municipal Administrator, the Municipal Assessor, the Clerk of Court nominated by the Executive Judge or any other available appointive municipal official.

SEC. 41. Prohibition against leaving official station. - During the period beginning December 12, 2015, until the completion of the canvass, no member or substitute member of the MPBOC shall be transferred, assigned or detailed outside of his official station nor shall he/she leave his/her station without prior authority of the Commission.

SEC. 42. Quorum. - A majority of the members of the MPBOC shall constitute a quorum for the transaction of business. A majority vote of all the members thereof shall be necessary to render a decision.

SEC. 43. Watchers: Rights and duties. - The proponents and oppositions, registered political parties or coalition of political parties, the citizens' arm of the Commission, if any, and other accredited groups or organizations may appoint watchers during the voting, counting and canvassing. A person who is not a registered voter of the municipality, of questionable reputation, or who has been convicted of an election offense or any other crime shall not be appointed as watcher. Barangay officials, including barangay tanods, are disqualified to serve as watchers.

The watchers shall have the right to:

  1. be present at, and take note of all the proceedings;
  2. read the plebiscite returns without touching them; and
  3. file a protest against any irregularity noted in the plebiscite return or in the proceedings of the Board and obtain the resolution thereon in writing.

The watcher shall not be allowed to participate in the deliberation of the Board.

SEC. 44. Right to be present and to counsel. - Proponents or oppositors have the right to be present and to counsel during the canvass of the returns. Only one counsel shall argue for the proponents or oppositors. In case there are several counsels for the proponents or oppositors, they shall agree among themselves who will argue for them.

SEC. 45. Canvassing procedures. - The MPBOC shall comply with the following rules:

  1. The MPBOC, shall, through its RCG, receive the plebiscite returns and maintain a log of all plebiscite returns received and canvassed.
  2. The RCG shall, after recording all the data required, place all envelopes containing the plebiscite returns received by it inside an empty ballot box.

    When the ballot box is already full or when there are no more plebiscite returns to be received, the RCG shall lock the interior cover of the ballot box with a padlock, close the ballot box, wrap sturdily the outer lid of the ballot box with packaging tape, and affix their signatures on the tape extending to the a part of the ballot box. The RCG shall submit the locked ballot box to the MPBOC for assignment to the SCC, together with the list of precinct numbers of the plebiscite returns contained therein. For this purpose, the RCG shall maintain a record of the plebiscite returns submitted to the MPBOC.
  3. Upon receipt of the ballot box containing the plebiscite returns, the MPBOC shall examine the condition of the ballot box and its lock/seal. The Secretary shall record in the minutes the condition and serial numbers of the ballot box and the plastic security seal, as the case may be.
  4. The MPBOC shall open the ballot box to ascertain that the precinct numbers indicated in the envelopes being retrieved correspond to the list submitted by the RCG.
  5. The Secretary shall record in its Minutes the quantity of envelopes received and their condition and serial numbers; the condition and serial numbers of the paper seal; and the corresponding precinct numbers of the plebiscite returns.
  6. The MPBOC shall assign to the SCC the plebiscite returns for canvass. The MPBOC shall likewise provide the SCC with a Statement of Votes by Precinct (SOVP), and enter in the Minutes the serial numbers of the plebiscite returns assigned to them.
  7. Before opening each envelope, the SCC shall exhibit the same to the counsel and watchers present.
  8. After the envelope is opened, the SCC shall retrieve the plebiscite returns and exhibit the same to the counsel and watchers present.
  9. The SCC shall examine the condition of the inner paper seal and the Secretary shall record in the Minutes the condition and serial number of the paper seal.
  10. The SCC shall break open the inner seal, unfold the plebiscite returns and exhibit the same to the counsel and watchers present.
  11. The SCC secretary shall record in the Minutes the condition and serial number of the plebiscite returns.
  12. If there is no objection to the inclusion in the canvass of the plebiscite returns, the SCC shall proceed to canvass the plebiscite returns by entering in the SOVP the affirmative or negative votes obtained as they are read. For purposes of accomplishing the SOVP, the SCC Chairman shall divide the copies of the SOVP between the SCC Vice-Chairman (one (1) copy) and the SCC Secretary (two (2) copies),who shall accomplish the same while the SCC the Chairman reads the votes.

    For purposes of preparing the SOVP, the following terms shall mean:
    • Sub-total
      Sum of all affirmative and negative votes when all the columns of a set of Statement of Votes are filled. The sub-total shall be recorded in the last column indicated in the Statement of Votes;
    • Page partial total
      Sum of all affirmative and negative votes in a set of Statement of Votes when some columns are not filled at the time of adjournment. This shall be recorded on the box immediately after the last entry of votes at the time of adjournment/suspension of canvass.

      When all plebiscite returns have been canvassed and the columns of the Statement of Votes are not filled, the page partial total shall be considered as the sub-total;
    • Provisional total
      Accumulated total of all affirmative and negative votes appearing in all accomplished sets of Statement of Votes at the time of adjournment, for the purpose of releasing results to the media and other interested parties;
    • Summary of Statement of Votes
      Listing of all sub-totals reflected in each set of Statements of Votes shall be recorded in the Summary of Statement of Votes.
    • Grand total
      Sum of all sub-totals of affirmative and negative votes as listed/recorded in the Summary of Statement of Votes.
  13. Immediately after the plebiscite returns has been canvassed, the SCC Chairman shall write/mark on the upper right hand corner of the word "CANVASSED" and affix below it his/her signature, and the date and time of canvass. Thereafter, the plebiscite returns shall be returned to its envelope.

    After all the columns of the SOVP are filled, or there are no more plebiscite returns to be canvassed:

    1. The Vice-Chairman and Secretary of the SCC shall compare the entries contained in their respective copies. If there are discrepancies in the entries, they shall refer to the corresponding plebiscite returns and make the necessary corrections on the SOVP.
    2. If there are no discrepancies, the SCC shall:

      1. Print/write their names in the SOVP below the space intended for the names and signatures of the members of the MPBOC they are representing.
      2. After the members of the SCC have affixed their signatures above their printed names, they shall submit to the MPBOC the SOVP they have prepared, together with the plebiscite returns.
      3. The MPBOC, upon receipt of the SOVP prepared by the SCC, shall affix their signatures above their printed names on the SOVP, and forward the SOVP, together with the canvassed plebiscite returns, to the Tabulation Group (TG).
  14. Upon receipt of the SOVP and plebiscite returns, the TG shall:

    1. Using an adding machine with tape, or a calculator with tape or a computer, add all the entries in each column in the SOVP prepared by the SCC;
    2. Verify the accuracy of the entries in the adding machine tape as against the entries in the SOVP. If the entries are the same, enter the sub-total in the space provided. If the entries are not the same, make the necessary corrections, re-compute as provided in item 1, and enter the correct sub-total in the space provided;
    3. Authenticate the adding machine tape, or calculator tape, or computer printout, by affixing their signatures above their printed names at the back thereof, and attach the same to the SOVP;
    4. Affix their signatures above their printed names and imprint their thumbmarks on the certification portion of the SOVP; and
    5. Forward to the MPBOC the signed SOVP together with the canvassed plebiscite returns.
  15. Upon receipt from the TG of the SOVP and plebiscite returns, the MPBOC shall:

    1. Inform the watchers present that the MBPOC will commence the preparation of the Summary of Statement of Votes obtained by each candidate;
    2. Using another set of Statement of Votes, prepare the Summary Statement of Votes (SSOV) entering therein:
      1. The serial number of the SOVP containing the sub-total; and
      2. All the sub-totals for each affirmative and negative votes contained in the SOVP prepared by the SCC and tabulated by the TG;
    3. After all the columns have been filled or there are no more SOVP to be received, affix their signatures above their printed names and imprint their thumbmarks on the certification portion of the SOVP prepared by the SCC and tabulated by the TG;
    4. Place, in the presence of the watchers, the SOVP prepared by the SCC inside the ballot box;
    5. Place, in the presence of the watchers, the canvassed plebiscite returns inside a separate ballot box. When the ballot box is already full or if there are no more plebiscite returns to be placed inside, the interior cover of the ballot box shall first be locked with any available and sturdy lock, tie, rope or band, then close the ballot box, wrap sturdily the outer lid of the ballot box with packaging tape, and affix their signatures on the tape extending to the a part of the ballot box. The locked ballot box shall be kept and preserved in a secure room under the custody of the Chairman of the MPBOC; and
    6. Follow the above procedure until all the plebiscite returns have been canvassed and the sub-total have been entered in the summary of votes.
  16. After the summary of votes has been completed, the MPBOC shall forward the same to the TG.
  17. Upon receipt of the summary of votes, the TG shall:

    1. Compute the grand total by adding all the sub-totals;
    2. Record the grand total of affirmative and negative votes obtained;
    3. Accomplish the certification portion by affixing their signatures above their printed names and imprinting their thumbmarks thereon; and
    4. Forward the summary of votes to the MPBOC.
  18. Upon receipt of the summary of votes, the MPBOC shall:

    1. Verify the accuracy of the computation made by the TG;
    2. If the computation is accurate, affix their signatures above their printed names, imprint their thumbmarks on the certification portion of the SOVP received from the TG If the computation is not accurate, return the SOVP to the Tabulation Group for re-computation;
    3. Prepare the certificate of canvass and proclamation, and thereafter affix their signature and thumbmarks on the certification portion thereof; and
    4. Distribute the Certificate of Canvass and Proclamation, together with the corresponding SOVP retrieved from the ballot box mentioned in item (p) (5) above, as well as the summary of votes, in the manner prescribed hereunder.

If there is an objection to the inclusion of the plebiscite returns in the canvass, the SCC shall forward the objection, including the plebiscite returns, to the MPBOC for ruling.

If the objection is on the basis of manifest error:

  1. If the objection is on the basis of manifest error:

    1. The plebiscite returns shall be set aside; and
    2. Proceed with the canvass of the other plebiscite returns.

SEC. 46. Adjournment of the MPBOC. - Each time the MPBOC adjourns, and before placing the canvassing forms in the ballot boxes before vacating the canvassing area, the MPBOC shall make a total of all votes canvassed, so far, for each affirmative and negative votes using the following procedure:

  1. When all the columns of the SOVP are not completely filled up, the TG shall indicate the page partial total of votes obtained by each candidate and close the same by affixing their initials. The SOVP shall be placed in the ballot box provided in No. 4 hereunder.
  2. When all the columns of the SOVP are filled, the TG shall indicate the sub-total.
  3. A provisional total shall be made available to mass media and other interested parties.
  4. The remaining unopened envelopes and SOV containing the page partial total shall be placed in the ballot box provided for the purpose which shall be close by wrapping sturdily the outer lid of the ballot box with packaging tape, and affix their signatures on the tape extending to the a [sic] part of the ballot box.
  5. The serial number and the quantity of the remaining unopened envelopes shall be recorded in the minutes.
  6. Furnish the Commission in Manila by the fastest means of communication a provisional total of the votes canvassed so far for each affirmative and negative votes, and make available the data contained therein to the mass media and other interested parties.

Upon resumption of the canvass:

  1. The Secretary of the MPBOC shall verify and enter in the minutes the condition of the ballot box;
  2. The MPBOC shall then, in the presence of the [sic] of the watchers, open the ballot box, retrieve the partially-filled Statement of Votes By Precinct SOVP [sic] and the unopened envelopes containing the plebiscite returns not yet canvassed, and proceed with the canvass until all election returns are canvassed.

SEC. 47. When the plebiscite returns are delayed, lost or destroyed. - In case the copy of the plebiscite returns intended for the MPBOC is missing, the MPBOC shall immediately obtain the same from the PlebCom concerned, or if the plebiscite returns have been lost or destroyed, the MPBOC, upon prior authority of the Election Officer, may use any of the authentic copies thereof or a certified copy of said plebiscite returns issued by the Commission, and forthwith investigate the case and immediately report the matter to the Commission.

The MPBOC, notwithstanding the fact that not all the plebiscite returns have been received by it, may terminate the canvass and proclaim the results on the basis of the available plebiscite returns if the missing plebiscite returns will not affect the results of the plebiscite, as can be determined from the number of registered voters.

SEC. 48. Material defects in the plebiscite returns.- If it should clearly appear that some requisite in form or data have been omitted in the plebiscite returns, the MPBOC shall call the PlebCom concerned by the most expeditious means to effect the corrections: Provided, That [sic] in case of the omission in the plebiscite returns of the affirmative or negative votes, the MPBOC shall require the PlebCom concerned to complete the necessary data in the plebiscite returns and affix therein their initials: Provided further, That [sic] if the votes omitted in the plebiscite returns cannot be ascertained by other means except by recounting the ballots, the plebiscite returns shall be set aside and such fact shall be reported to the Commission which shall proceed as provided in Sec. 234 of the Omnibus Election Code.

SEC. 49. When the plebiscite returns appear to be tampered with or falsified. -If the plebiscite returns submitted to the MPBOC appear to be tampered with, altered or falsified after they have left the hands of the PlebCom concerned or otherwise not authentic, or were prepared under duress, force or intimidation, or prepared by persons other than the members of the PlebCom, the MPBOC shall use the other copies of the said plebiscite returns. If necessary, the copy of the plebiscite returns inside the ballot box which upon previous authority given by the Election Officer, may be retrieved in accordance with Sec. 220 of the Omnibus Election Code. If the other copies of the plebiscite returns are likewise tampered with, falsified, not authentic, prepared under duress, force or intimidation, or prepared by persons other than the members of the PlebCom, the MPBOC itself or any person or party affected shall bring the matter to the attention of the Commission which shall proceed as provided in Sec. 235 of the Omnibus Election Code.

SEC. 50. Manifest error. - (a) Where it is clearly shown before proclamation that manifest errors were committed in the tabulation or tallying of plebiscite returns during the canvassing, the MPBOC may motu proprio, or upon verified petition by the proponent or oppositor, after due notice and hearing, correct the errors committed.

There is manifest error in the tabulation or tallying of the results during the canvassing where:

  1. A copy of the plebiscite returns was tabulated more than once;
  2. Two or more copies of the plebiscite returns of one precinct were tabulated;
  3. There was a mistake in the copying of the figures from the plebiscite returns into the Statement of Votes;
  4. Plebiscite returns from non-existent precincts were included in the canvass; and
  5. There was a mistake in the addition of the votes.
  1. 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 party aggrieved by the said order may appeal the same to the Commission within twenty-four (24) hours from the promulgation.
  3. Once an appeal is made, the MPBOC shall not make any proclamation, unless the votes are not affected by the appeal.
  4. The appeal must implead as respondents the MPBOC concerned and all parties that may be adversely affected.
  5. Upon receipt of the appeal, the Clerk of Court of the Commission shall forthwith issue summons together with the copy of the appeal to the respondent.
  6. The Clerk of Court of the Commission shall immediately set the appeal for hearing.
  7. The appeal shall be heard and immediately be decided by the Commission En Banc.

SEC. 51. Documents and articles omitted or erroneously placed inside the ballot box; Authority to open ballot box. - If after the delivery of the ballot box to the proper authorities, the PlebCom shall discover that some documents or articles required to be placed in the ballot box were not placed therein, the PlebCom, instead of opening the ballot box in order to place therein said documents or articles, shall deliver the same to the EO of General Trias, Cavite. In no instance shall the ballot box be reopened to place therein or take out therefrom any document or article except to retrieve copies of the plebiscite returns which will be needed in the canvass and in such excepted instances, the members of the PlebCom and watchers shall be notified of the time and place of the opening of said ballot box: Provided, however, That [sic] if there are other copies of the plebiscite returns outside of the ballot box which can be used in canvass, such copies of the plebiscite returns shall be used in said canvass and the opening of the ballot box to retrieve copies of the plebiscite returns placed therein shall then be dispensed with.

The Election Officer of General Trias, Cavite is hereby authorized to approve requests to open ballot boxes to retrieve the plebiscite returns erroneously placed therein needed in the canvass, and or approve the use of other copies of the plebiscite returns outside the ballot box for use in the canvass.

SEC. 52. Canvass to be completed at earliest possible time. - Subject to reasonable exceptions, the MPBOC must complete its canvass within thirty-six (36) hours.

SEC. 53. Completion of the Canvass. - The MPBOC shall sign the certification and affix their thumbmarks at the bottom of each SOVP, and, using a separate SOVP, consolidate the data including the total Affirmative and Negative votes. Thereafter, it shall prepare a Certificate of Canvass and Proclamation (COCP).

The COCP shall be supported by an SOVP. The members of the MPBOC shall print their full names and affix their signatures and thumbmarks in the proper space at the bottom of both forms and certify under oath that the entries therein are true and correct.

SEC. 54. Distribution of the COCP. - The COCP shall be prepared in four (4) copies, supported by a Statement of Votes by Precinct, and distributed as follows:

  1. The original shall, within three (3) days from proclamation, be sent to the Election Records and Statistics Department (ERSD) of the Commission;
  2. The second copy shall be filed in the Office of the EO;
  3. The third copy shall be submitted to the Secretary of the Department of the Interior and Local Government; and
  4. The fourth copy shall be submitted to the Mayor of General Trias, Cavite.

SEC. 55. Minutes of the Canvass of the MPBOC. - The MPBOC shall prepare two (2) copies of the Minutes of the Canvass.

The first copy shall be submitted by the Secretary of the MPBOC to the Law Department of the Commission within ten (10) days from termination of canvass. The second copy shall be deposited inside the ballot box.

SEC. 56. Applicability of the Omnibus Election Code and Other Election Laws and Resolutions. - The pertinent provisions of the Omnibus Election Code, Republic Act No. 7160 and other election laws and resolutions of the Commission which are not inconsistent herewith shall, as far as practicable, apply to the plebiscite subject of this Resolution.

SEC. 57. Implementation. - The Office of the Executive Director, the Office of the Deputy Executive Director for Operations, assisted by the Office of the Election Officer of General Trias, Cavite, Office of the Provincial Supervisor of Cavite and Office of the Regional Election Director of Region IV shall implement this Resolution to ensure the holding of a free, orderly, honest, peaceful and credible plebiscite.

The Deputy Executive Director for Operations shall supervise the conduct of the plebiscite.

SEC. 58. Dissemination. - The Deputy Executive Director for Operations shall furnish the Regional Election Director of Region IV, the Provincial Election Supervisor of Cavite, the EO of General Trias, Cavite, the Secretary of the Department of the Interior and Local Government, the Secretary of the Department of Education, the Secretary of the Department of Justice, the Mayor of General Trias, Cavite, the Municipal Treasurer of General Trias, Cavite and the DepEd Supervisor of General Trias, Cavite, with a copy of this Resolution.

The EO of General Trias, Cavite shall give this Resolution the widest dissemination.

SEC. 59. Effectivity and publication. - This Resolution shall take effect on the seventh (7th) day after its publication in two (2) daily newspapers of general circulation in the Philippines.

The Education and Information Department, this Commission, shall cause the publication of this Resolution in two (2) daily newspapers of general circulation in the Philippines.

SO ORDERED.



SIGNED:

  • BAUTISTA, J. ANDRES D., Chairman
  • LIM, CHRISTIAN ROBERT S., Commissioner
  • PARREÑO, AL A., Commissioner
  • GUIA, LUIE TITO F., Commissioner
  • LIM, ARTHUR D., Commissioner
  • GUANZON, MA. ROWENA AMELIA V., Commissioner
  • ABAS, SHERIFF M., Commissioner