Resolution No. 10298

The Commission on Elections (Commission), pursuant to the powers vested in it by the Constitution, the Omnibus Election Code, Republic Acts No. 6646, 7160, 7166, 8189, 9244, and other election laws, RESOLVED to promulgate, as it hereby RESOLVES to promulgate, the following General Instructions for the City Board of Canvassers In Connection with the May 05, 2018 Recall Elections for Mayor in the City of Cabadbaran. Agusan del Norte :

Section 1. City Board of Canvassers. - There shall be a City Board of Canvassers (CBOC) in the City of Cabadbaran City, for purposes of the recall elections for Mayor therein.

Sec. 2. Supervision and control. - The Commission shall exercise direct supervision and control over the CBOC and may motu proprio relieve at anytime, any member thereof for cause and designate the substitute.

Sec. 3. Composition. - The CBOC shall be composed of the City Election Officer or a representative of the Commission, as Chairman, the City Prosecutor, as Vice-Chairman; and the City Superintendent of Schools, as Member.

Sec. 4. Substitution of Chairman and Members of the CBOC. - In case of non-availability, absence, disqualification due to relationship, or incapacity for any cause, of the Chairman of the CBOC, a ranking lawyer of the Commission shall be appointed as substitute.

With respect to the other members of the CBOC, the Commission shall appoint as substitute the following in the order named: the City Auditor, the Register of Deeds, the Clerk of Court of the Municipal Trial Court in Cities nominated by the Executive Judge, or any other available appointive city officials.

The Provincial Election Supervisor of Agusan del Norte is hereby authorized to appoint/designate the substitutes for the Chairman and Members of the CBOC, and shall, within twenty-four (24) hours from issuance of the appointment of a substitute, inform in writing the Office of the Executive Director of the Commission of such appointment and the reason for such substitution.

Sec. 5. Secretary of the CBOC. - The City Superintendent of Schools or any representative of the Department of Education shall act as Secretary of the CBOC, unless otherwise ordered by the Commission. The Secretary shall prepare the minutes of the CBOC by recording therein the proceedings and such other incidents or matters relevant to the canvass.

I. COMMON PROVISIONS

Sec. 6. Notice of meetings of the CBOC. - Not later than April 30, 2018, the Chairman of the CBOC shall give written notice to all members thereof and to each candidate in the recall elections, of the date, time and place of the canvassing which shall be held, unless otherwise ordered by the Commission, in the session hall of the Sangguniang Panglunsod of Cabadbaran City. Any request for change of canvassing venue shall be coursed through and acted upon by the Provincial Election Supervisor of Agusan del Norte.

Notices of the canvassing shall be posted in the Office of the City Election Officer, as the case may be, and in three (3) conspicuous places in the building where the canvass will be held.

Similar notices shall also be given for subsequent meetings unless notice has been given in open session. Proof of service of notice to each member, and candidates in the recall elections shall be attached to and form part of the records of the proceedings. If notice is given in open session, such fact shall be recorded in the minutes of the proceedings.

Failure to give notice of the date, time and place of the meeting of the CBOC is an election offense under Section 261 (aa) (1) of the Omnibus Election Code.

Sec. 7. Convening of the CBOC. - The CBOC shall meet at 6:00 o'clock in the evening of election day at the designated place to receive the election returns and to immediately canvass those that have already been received. It shall meet continuously from day to day until the canvass is completed and may adjourn only for the purpose of awaiting the other election returns.

The proceedings of the CBOC shall be open and public.

Sec. 8. Absence of a regular CBOC member. - In case of the absence of a regular CBOC member, the member present shall first verify whether notice has been served on the absent member. In case no such notice was sent, one shall be immediately served on the absent CBOC member. If the latter cannot be located or his whereabouts are unknown, he shall be substituted. These facts shall be recorded in the Minutes of the CBOC. As soon as the absent member appears, the substitute member shall relinquish his seat in favor of the regular CBOC member.

Sec. 9. Prohibited degree of relationship. - The Chairman and members of the CBOC 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 CBOC, or to any member of the same CBOC.

Sec. 10. 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 CBOC shall be transferred, assigned or detailed outside of his official station nor shall he leave the said station without prior authority of the Commission . Such authority may be granted by the Provincial Election Supervisor of Agusan del Norte. In either case, a written report shall be submitted to the Law Department.

Sec. 11. Feigned Illness. - Any member of the CBOC feigning illness in order to be substituted on election day until the proclamation of the winning candidates shall be guilty of an election offense.

Sec. 12. Incapacity of regular CBOC member. - In case of sickness or serious injury of a regular CBOC member, a medical certificate shall be required attesting to the incapacity of said member. Upon submission of the medical certificate, a substitute shall be appointed. Said medical certificate shall be recorded in and form part of the Minutes of the CBOC.

Sec. 13. Quorum. - A majority of the members of the CBOC 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.

Sec. 14. Powers of the CBOC. - The CBOC shall have full authority to keep order within the canvassing room or hall and its premises and enforce obedience to its lawful orders. If any person refuses to obey any lawful order of the CBOC or shall conduct himself in a disorderly manner as to disturb or interrupt its proceedings, the CBOC may order any peace officer to take such person into custody until adjournment of the meeting. In the absence of any peace officer, any other competent and able person deputized by the CBOC in writing, may execute such order.

Sec. 15. Right to be present and to counsel during the canvass. - Every candidate has the right to be present and to counsel during the canvass: provided, that, only one (1) counsel may argue for each candidate. They shall have the right to examine the returns being canvassed without touching them, make observations thereon, and file their challenges in accordance with the rules and regulations of the Commission. No dilatory action shall be allowed by the CBOC.

Sec. 16. Watchers. - Every candidate shall be entitled to two (2) watchers, to serve alternately, in the canvassing center.

The citizens' arm of the Commission, and civic, religious, professional, business, service, youth and other similar organizations collectively, with prior authority of the Commission, shall each be entitled to two (2) watchers to serve alternately.

A person convicted by final judgment of any election offense or any other crime, or related to any member of the canvassing CBOC within the fourth civil degree of consanguinity or affinity, shall not be appointed as watchers.

A watcher must know how to read and write Filipino, English, or any of the prevailing local dialects.

Under no circumstance shall barangay officials including barangay tanods be appointed as watchers.

The watchers shall have the right to:

1. Be present at, and take note of, all the proceedings of the CBOC;
2. Stay behind the Chairman of the CBOC, near enough to be able to read the election returns/certificates of canvass without touching them; and
3. File a protest against any irregularity noted in the election returns/ certificate of canvass and get from the CBOC a resolution thereon in writing.

Watchers shall not be allowed to participate in the deliberations of the CBOC.

Sec. 17. Persons not allowed inside the canvassing room. - During the canvassing, it shall be unlawful for any of the following to enter the room where the canvass is being held or to stay within a radius of fifty (50) meters from such room:

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

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

Sec. 18. Safekeeping of transmitted election returns received from the Board of Election Inspectors. - The CBOC shall place the election returns received from the Board of Election Inspectors in ballot boxes which shall be locked with any available and sturdy lock, tie, rope or band and 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 said ballot boxes shall be kept in a safe and secured room before, during and after the canvass. The door to the room shall be locked with the keys thereof kept by the members of the CBOC.

The watchers shall have the right to guard the room.

Sec. 19. Sub-Canvassing Committees. -The CBOC may constitute four (4) Sub-Canvassing Committees (SCC) to enable them to complete the canvass within the period prescribed herein. The SCC 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 City Election Officer (CEO). All the candidates shall be notified in writing by the number of the SCC to be constituted so that they can designate their watchers in each committee. The SCC shall be under the direct supervision and control of the CBOC. The names of the members of the SCC and the ERs assigned to them for tabulation 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, City Mayor, Punong Barangays or the corresponding Sangguniang Panlungsod be appointed/designated to serve as member of any SCC.

Sec. 20. Reception and Custody Group. - The CBOC shall constitute a Reception and Custody Group (RCG) for the reception and safekeeping of Election Returns. For this purpose, the City Election Officer shall provide the RCG with the Project of Precincts (POP) of the city.

The RCG shall determine which of the Election Returns of the precincts listed in the POP have already been submtited, or which are yet to be submitted by the BEls, to the end that the ERs 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 ERs;
3. Serial number of the envelop and paper seal; and
4. Condition of the envelope and paper seal.

The RCG shall submit to the CEO a list of the precincts, the ERs of which have not yet been submitted to enable the latter to obtain the ERs in accordance with the rules.

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

Sec. 21. Tabulation Group. - The CBOC shall constitute a Tabulation Group, which shall be under the direct supervision and control of the CBOC. The Tabulation Group shall be under the direct supervision and control of the CBOC which shall be composed of three (3) members.

The Tabulation Group 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, City Mayor, Punong Barangays or Sanggunian be appointed/designated to serve as member of the Tabulation Group.

Sec. 22. Canvassing procedure. - The CBOC shall comply with the following rules:

1. The CBOC, shall, through its RCG, receive the ERs and maintain a log of all ERs received and canvassed.
2. The RCG shall, after recording all the data required, place all envelopes containing the ERs received by it inside an empty ballot box. When the ballot box is already full or when there is no more ERs to be received, the RCG shall lock the interior cover of the ballot box with any available and sturdy lock, tie, rope or band, 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 CBOC for assignment to the SCC, together with the list of precinct numbers of the ERs contained therein. For this purpose, the RCG shall maintain a record of the ERs submitted to the CBOC.
3. Upon receipt of the ballot box containing the ERs, the CBOC 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 CBOC 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 ERs.
6. The CBOC shall assign to the SCC the ERs. It shall likewise provide the SCC with a Statement of Votes by Precinct (SOVP) (CEF No. 20-A) and enter in the Minutes the serial numbers of the ERs 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 ERs 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 ERs and exhibit the same to the counsel and watchers present.
11. The SC secretary shall record in the Minutes the condition and serial number of the ERs.
12. If there is no objection to the inclusion in the canvass of the ERs, the SCC shall proceed to canvass the ERs by entering in the SOVP the votes obtained by each candidate 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 Statement of Votes, the following terms shall mean:
    
    Sub-total
    
    Sum of all votes obtained by each candidate 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 votes obtained by each candidate appearing 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 election 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 votes obtained by each candidate 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 votes obtained by each candidate as listed/recorded in the Summary of Statement of Votes.
13. Immediately after the Election 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 signature, and the date and time of canvass. Thereafter, the ERs shall be returned to its envelop
14. After all the columns of the SOVP are filled, or there is no more ERs 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 ERs 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 CBOC they are representing.
       2. After the members of the SCC have affixed their signatures above their printed names, they shall submit to the CBOC the SOVP they have prepared, together with the ERs.
       3. The CBOC, 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 ERs, to the Tabulation Group,

Upon receipt of the SOVP and ERs, the Tabulation Group shall:

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;

1. 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;
2. 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;
3. Affix their signatures above their printed names and imprint their thumbmarks on the certification portion of the SOVP; and
4. Forward to the CBOC the signed SOVP together with the canvassed ERs.

Upon receipt from the Tabulation Group of the SOVP and ERs, the CBOC shall:

1. Inform the watchers present that the CBOC will commence the preparation of the Summary of Votes obtained by each candidate;
2. Using another set of Statement of Votes, prepare the Summary Statement of Votes (CEF 20-A-2) by entering therein:
   1. The serial number of the SOVP containing the sub-total; and
   2. All the sub-totals for each candidate contained in the SOVP prepared by the SCC and tabulated by the Tabulation Group;

After all the columns have been filled or there is 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 Tabulation Group;

Place, in the presence of the watchers, the SOVP prepared by the SCC inside the ballot box;

Place, in the presence of the watchers, the canvassed ERs inside a separate ballot box. When the ballot box is already full or if there is no more ERs 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 CBOC; and

Follow the above procedure until all the ERs have been canvassed and the sub-total have been entered in the summary of votes.

After the summary of votes has been completed, the CBOC shall forward the same to the Tabulation Group.

Upon receipt of the summary of votes, the Tabulation Group shall:

1. Compute the grand total by adding all the sub-totals;
2. Record the grand total of votes obtained by each candidate;
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 CBOC.

Upon receipt of the summary of votes, the CBOC shall:

1. Verify the accuracy of the computation made by the Tabulation Group;
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 Tabulation Group. 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 ERs in the canvass, the SCC shall forward the objection, including the ERs, to the CBOC for ruling. The CBOC shall determine whether the grounds for the objection are among those enumerated under Sections 234, 235, and 236 of the Omnibus Election Code.

If the ground for objection is not among those enumerated under Sections 234, 235, and 236 of the Omnibus Election Code, the CBOC shall rule to include the ERs and return the questioned ERs to the SCC for re-canvass.

If the objection to the inclusion of the ERs in the canvass is among those enumerated under Secs. 234, 235, and 236 of the Omnibus Election Code, the CBOC shall defer the canvass of the ERs involved.

If the objection is on the basis of manifest error:

1. The ERs shall be set aside; and
2. Proceed in the canvassing of the other ERs.

Sec. 23. Adjournment of the CBOC. - Each time the CBOC adjourns, and before placing the canvassing forms in the ballot boxes before vacating the canvassing area, the CBOC shall make a total of all votes canvassed , so far, for each candidate using the following procedure:

1. When all the columns of the SOVP are not completely filled up, the Tabulators 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 Tabulators 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 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 candidate, 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 CBOC shall verify and enter in the minutes the condition of the ballot box;
2. The CBOC shall then, in the presence of the of the watchers, open the ballot box, retrieve the partially-filled Statement of Votes By Precinct and the unopened envelopes containing the election returns not yet canvassed, and proceed with the canvass until all election returns are canvassed.

Sec. 24. Discrepancies in election returns. - In case it appears to the CBOC that there exist discrepancies in the other authentic copies of the election returns from a polling place or discrepancies in the votes of any candidate in words and figures in the same Election Returns and in either case the difference affects the results of the election, the CBOC shall not canvass the election returns and shall submit the matter to the Commission which shall proceed as provided in Sec. 236 of the Omnibus Election Code.

In case there exist discrepancies in the votes of any candidate in tally (tara) as against the votes obtained in words or in figures in the ER, the votes in the tally (tara) shall prevail

Sec. 25. Canvass to be completed at earliest possible time. - Subject to reasonable exceptions, the CBOC must complete its canvass within thirty-six (36) hours.

Sec. 26. Submission of the minutes of the proceedings of the CBOC. - Within forty-eight (48) hours from the termination of canvass, the member-secretary of the CBOC shall submit to the Law Department of the Commission on Elections in Manila by registered mail a certified copy of the minutes of the proceedings of the CBOC and shall notify by telegram the same department of the date and manner of transmittal of the minutes, indicating therein the registry receipt number.

Sec. 27. When the Election Returns are delayed, lost or destroyed. - In case the copy of the ERs intended for the CBOC is missing, the CBOC shall immediately obtain then same from the BEls concerned, or if the ERs has been lost or destroyed, the CBOC, upon prior authority of the Election Officer, may use any of the authentic copies thereof or a certified copy of said ERs issued by the Commission, and forthwith investigate the case and immediately report the matter to the Commission.

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

Sec. 28. Material defects in the Election Returns.- If it should clearly appear that some requisite in form or data have been omitted in the ERs, the CBOC shall call the BEi concerned by the most expeditious means to effect the corrections: Provided, That in case of the omission in the ERs of the name of any candidate and/or his corresponding votes, the CBOC shall require the SCC concerned to complete the necessary data in the ERs and affix therein their initials: Provided further, That if the votes omitted in the ERs cannot be ascertained by other means except by recounting the ballots, the ERs 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. 29. When Election Returns appear to be tampered with or falsified. -If the ERs submitted to the CBOC appear to be tampered with, altered or falsified after they have left the hands of the BEls concerned or otherwise not authentic, or were prepared under duress, force or intimidation, or prepared by persons other than the members of the BEls, the CBOC shall use the other copies of the said ERs. If necessary, the copy of the ERs 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 ERs are likewise tampered with, falsified, not authentic, prepared under duress, force or intimidation, or prepared by persons other than the members of the CBOC, the CBOC itself or any candida te 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. 27. Pre-proclamation cases allowed. - For purposes of the May 05, 2018 Recall Elections for Mayor in Cabadbaran City, Agusan del Norte , pre-proclamation cases shall be allowed on matters relating to the preparation, transmission, receipt, custody and appreciation of the election returns. However, this does not preclude the authority of the canvassing body motu proprio or upon written complaint of an interested person to correct manifest errors in the election returns.

Any objection to the election returns shall be specifically noted in the minutes of the CBOC.

Sec. 28. Issues that may be raised in pre-proclamation controversy. The following shall be proper issues that may be raised in a pre-proclamation controversy.

1. Illegal compos ition or proceedings of the CBOC.
2. The canvassed ERs are incomplete, contain material defects, appear to be tampered with or falsified, or contain discrepancies in the same ERs or in other authentic copies thereof as mentioned in Secs. 233, 234, 235, 236 and 243 of the Omnibus Election Code.
3. The ERs were prepared under duress, threats, coercion or intimidation, or they are obviously manufactured or not authentic; and
4. When substitute or fraudulent ERs were canvassed, the results of which materially affected the standing of the aggrieved candidate.

Sec. 29. Pre-proclamation controversies: How commenced. - Questions affecting the composition or proceedings of the CBOC may be initiated in the CBOC or directly with the Commission. However, matters raised under Secs. 233, 234, 235 and 236 of the Omnibus Election Code in relation to the preparation, transmission, receipt, custody and appreciation of the ERs shall be brought in the first instance before the CBOC only.

Sec. 30. Procedure in the disposition of contested Election Returns. - The following procedure is mandatory and shall be strictly observed by the CBOC.

1. Any candidate , political party or coalition of political parties contesting the inclusion or exclusion in the canvass of any election returns on any of the grounds authorized under Article XX or Sections 234, 235 and 236 of Article XIX of the Omnibus Election Code shall submit their oral objection to the chairman of the CBOC at the time the questioned return is presented for inclusion in the canvass. Such objection shall be recorded in the minutes of the canvass.
2. Upon receipts of any such objection, the CBOC shall automatically defer the canvass of the contested returns and shall proceed to canvass the returns which are not contested by any party.
3. Simultaneous with the oral objection, the objecting party shall also enter his objection in the form for written objections prescribed by the Commission. Within twenty-four (24) hours from and after the presentation of such an objection, the objecting party shall submit the evidence in support of the objection, which shall be attached to the form for written objections. Within the same period of twenty-four (24) hours after presentation of the objection, any party may file a written and verified opposition to the objection in the form prescribed by the Commission, attaching thereto supporting evidence, if any. The CBOC shall not entertain any objection or opposition unless reduced to writing in the prescribed forms.
4. The evidence attached to the objection or opposition, submitted by the parties, shall be immediately and formally admitted into the records of the CBOC by the chairman affixing his signature at the back of each every page thereof.
5. Upon receipt of the evidence, the CBOC shall take up the contested returns, consider the written objections thereto and opposition, if any, and summarily and immediately rules thereon. The CBOC shall enter its ruling on the prescribed form and authenticate the same by the signatures of its members.
6. Any party adversely affected by the ruling of the CBOC shall immediately inform the CBOC if he intends to appeal said ruling. The CBOC shall enter said information in the minutes of the canvass, set aside the returns and proceed to consider the other returns.
7. After all the uncontested returns have been canvassed and the contested return ruled upon by it, the CBOC shall suspend the canvass. Within forty- eight (48) hours, therefrom, any party adversely affected by the ruling may file with the CBOC a written and verified notice of appeal; and within a non- extendible period of five (5) days thereafter an appeal may be taken to the Commission.
8. Immediately upon receipt of the notice of appeal, the CBOC shall make an appropriate report to the Commission, elevating therewith the complete records and evidence submitted in the canvass, and furnishing the parties with copies of the report.
9. On the basis of the record and evidence elevated to it by the CBOC, the Commission shall decide summarily the appeal within seven (7) days from receipt of said record and evidence. Any appeal brought before the Commission on the ruling of the CBOC, without the accomplished forms and the evidence appended thereto, shall be summarily dismissed .
10. The decision of the Commission shall be executory after the lapse of seven (7) days from receipts thereof by the losing party.
11. The CBOC of canvassers shall not proclaim any candidate as winner unless authorized by the Commission after the latter has ruled on the objections brought to it on appeal by the losing party. Any proclamation made in violation hereof shall be void ab initio, unless the contested returns will not adversely affect the results of the election.
12. The CBOC shall at all times indicate the date and time of receipt of any:
    1. Written objection
    2. Opposition
    3. Evidence
    4. Notice of appeal

Sec. 31. Contested proceedings; period to appeal. - Parties adversely affected by the ruling of the CBOC on questions affecting the composition or proceedings of the CBOC may appeal the matter to the Commission within three (3) days from the date of the ruling.

Sec. 32. Manifest error. -

1. (a) Where it is clearly shown before proclamation that manifest errors were committed in the tabulation or tallying of ERs during the canvassing, the CBOC 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 results during the canvassing where:
   1. A copy of the ERs was tabulated more than once;
   2. Two or more copies of the ERs of one precinct were tabulated;
   3. There was a mistake in the copying of the figures from the ERs into the Statement of Votes;
   4. ERs from non-existent precincts were included in the canvass;
   5. There was a mistake in the addition of the votes of any candidate.
2. (b) 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 the promulgation.
   3. Once an appeal is made, the CBOC shall not proclaim the winning candidate, unless the votes are not affected by the appeal.
   4. The appeal must implead as respondents the CBOC concerned and all parties that may be adverselt 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 Commissioin En Banc.

Sec. 33. Duties and functions of the CBOC. - The CBOC shall:

1. Canvass the election returns for City Mayor of Cabadbaran City, Agusan del Norte;
2. Upon completion of the canvass:
   1. Prepare/accomplish the Certificate of Canvass of Votes and Proclamation of Winning Candidates (CEF 24), with the corresponding Summary Statement of Votes (CEF 20-A-2); and
   2. Proclaim the winning candidate for Mayor of Cabadbaran City.

Sec. 34. Certificate of Canvass of Votes and Proclamation of Winning Candidate for Mayor of Cabadbaran City, Agusan del Norte - The Certificate of Canvass of Votes and Proclamation of the Winning Candidate for Mayor of Cabadbaran City (CEF 24) shall be prepared in eight (8) copies and distributed as follows:

1. The first copy to the Secretary, Sangguniang Panlunsod, Cabadbaran City;
2. The second copy to be kept by the Chairman of the City Board of Canvassers;
3. The third copy to the Election Records & Statistics Department, Manila;
4. The fourth copy to the City Treasurer of Cabadbaran City, Agusan del Norte;
5. The fifth copy to the Regional Election Director of CARAGA, Region III;
6. The sixth copy to the Provincial Election Supervisor of Agusan del Norte;
7. The seventh copy to the winning candidate for Mayor of Cabadbaran City;
8. The eight copy for posting on the bulletin board of the city hall.

The first three copies shall be individually folded and placed in the proper security envelope together with a copy of the Statement of Votes by Precinct.

Sec. 35. Effectivity. - This Resolution shall take effect on the seventh (7th) day after its publication in two (2) daily newspapers of general circulation in the Philippines.

Sec. 36. Dissemination. - The Education and Information Department shall cause the publication thereof in two (2) daily newspapers of general circulation and furnish the Regional Election Director for CARAGA Region, the Provincial Election Supervisor of Agusan del Norte, the Election Officer of Cabadbaran City, the Department of Justice, the Department of Education, the Department of Finance, the Cabadbaran City Superintendent of Schools and the Cabadbaran City Treasurer with copies of this Resolution.

SO ORDERED.

SIGNED:

• PARREÑO, AL A., Acting Chairman
• GUIA, LUIE TITO F., Commissioner
• GUANZON, MA. ROWENA AMELIA V., Commissioner
• ABAS, SHERIFF M., Commissioner