part 2 presentation of my lawyers training for the 2010 Elections

1. CANVASSING
and Proclamation

2. Basic Canvassing Process for Automated Election:
What has been done manually, will be done electronically:
Consolidation and tabulation of electronically transmitted
election returns (certificates of canvass)
Printing and posting of Certificates of Canvass
Transmitting the results
Proclamation of the winning candidate within their jurisdiction

3. BEI and Board of Canvassers (BOC)
Casting
of
votes CanvassingCounting Proclamation
Board of Election
Inspectors
Board of
Canvassers

4. Election Documents
Casting
of
votes CanvassingCounting Proclamation
PCOS-Transmitted
Election Return
E/Printed Certificate of
Canvass, Certificate of
Canvass and
Proclamation

5. Municipal/City
Board of
Canvassers
Provincial
Board of
Canvasser
s
National
Board of
Canvassers
Congress COMELE
C
Precinct
Election Returns
Mun./City COC
SOVP
Prov. COC
SOVM/C
Manual System
of Canvassing

6. Municipal/City
Board of
Canvassers
Provincial
Board of
Canvasser
s
National
Board of
Canvassers
Congress COMELE
C
Precinct
Electronic
Transmission
Comelec
Central Back-up
Server
Advance Results/
Monitoring
Server for
Dominant Majority/
Minority Parties,
Citizens Arm, KBP
Advance Results
Secured
Public
Website
Election Returns
Mun./City COC
SOVP
Prov. COC
SOVM/C

7. During canvassing:
You are representing the
leading candidate:
 You would want the BOC to:
 Finish the canvassing
 Proclaim you as the winner
You are representing the one
trailing behind the leading
candidate
 You would want the BOC to:
 Delay the canvassing
 Suspend the proclamation of
the leading candidate

8. During canvassing:
The ER presented for canvass
is favorable to you
 You would want the BOC to:
 INCLUDE the ER in the
canvassing
The ER presented for canvass
is not favorable to you
 You would want the BOC to:
 EXCLUDE the ER from the
canvassing

9. BOARD
OF CANVASSERS

10. The Board of Canvassers (BOC) is a ministerial body
enjoined by law to canvass votes in the ERs submitted to it
in due form.
The COMELEC has direct control and supervision over
BOCs and may motu proprio relieve, for cause, at any
time, any member thereof and designate the substitute

11. Composition (Article I, Res. 8809)
Provincial
Board
Of Canvassers
(PBOC)
District Board
Of Canvassers
(DBOC)
City Board
Of Canvassers
(CBOC)
Municipal
Board
Of Canvassers
(MBOC)
Provincial Election
Supervisor
(Chairman)
City Election
Officer
(or COMELEC
lawyer)
City Election
Officer
(or COMELEC
lawyer)
Election Officer
Provincial
Prosecutor
(Vice)
City Prosecutor
(or COMELEC
Lawyer)
City Prosecutor
(or COMELEC
Lawyer)
Municipal
Treasurer
District School
Superintendent
(Member)
City
Superintendent of
Schools
Division
Superintendent of
Schools
District School
Supervisor
(or most senior
Principal)

12. Consolidation and
Canvassing System
(CCS)
Operators

13. For each Canvassing Board (PBOC, DBOC, CBOC and
MBOC)
CCS operator
Technology-capable person
Authorized to operate the CCS
Deputized by COMELEC from government agencies,
including GOCCs
Designated by respective Provincial Election Supervisor
(MBOCs/CBOCs)for outside NCR)
For NCR, by the NCR Regional Director
Designated by respective Regional Election Director (for
PBOCs)
Not related to BOC member within 4th
civil degree

14. Substitution of
BOC Chairman and
Members

15. Cause:
Non-availability
Absence
Disqualification due to relationship
Incapacity for any cause
Chairman: has to be a lawyer
Next ranking lawyer of the COMELEC
Other members:
PBOC
Provincial Auditor
Register of Deeds
Clerk of Court nominated by Executive Judge of RTC
Any other appointive provincial official

16. Other members:
 CBOC
Same officials corresponding to the city
 MBOC
Municipal Administrator
Municipal Assessor
MTC Clerk of Court nominated by the Executive Judge
Other available appointive municipal officials
 DBOC
Next ranking official for each position
Authority to appoint substitute:
 PBOC- Regional Election Director
 CBOC/MBOC- Provincial Election Supervisor
 NCR- NCR Director
Inform the Commission Executive Director of the substitution
within 24 hours

17. Convening
Of
BOCs

18. Convenes: 12:00 p.m. of 10 May 2010
Venue: Session Hall of the Sangguinang
Bayan/Panlungsod/Panlalawigan
Notice of Meeting: Not later than 05 May 2010
Prohibited degree of relationship: 4th
Civil Degree of
consanguinity or affinity to:
Each other
To any candidate/party list nominee
Prohibition against leaving station
Quorum: Majority of member of board
Decision: Majority vote of members thereof

19. Powers and Functions
of
BOCs

20. Canvass/consolidate the electronically transmitted results
Generate and Print the COC, COCP and SOV
Electronically transmit the result
Proclaim the winning candidates
Other functions as directed by COMELEC
Residual authorities:
Authority to keep order in canvassing room and enforce
obedience to its lawful orders
Order peace officers to take disorderlies into custody

21. Appearances

22. Candidate himself
Registered Political party, coalition, accredited political
parties, sectoral party/organizations under party list system
Counsel:
 Only one counsel may argue
Rights:
Observe the transmission, consolidation and canvass
Make observations
File challenges
But no dilatory action

23. Watchers: One per canvassing center
Principal Watchers
Citizen’s Arm
Same qualifications/disqualifications as BEI watchers
Rights:
Presences
Stay behind chairman of BOC near enough to observe, but not
touch
File protests against irregularity
Cannot participate in deliberation of BOC

24. Persons not allowed:
 AFP/PNP
 Extra-legal police agency
 Special forces
 Strike forces
 CAFGUs
 Barangay Tanod
 Barangay Defense units
 Security or police organizations of government agencies, GOCCs,
etc.
 Private security/investigation/protective/intelligence agencies
 Similar persons
Special Security details:
By majority vote
Near enough to be called at any time

25. Reception
And Custody Group
(RCG)

26. Reception and safekeeping
main memory card
ER hard copies
Number of RCGs
One RCG for every 500 clustered precincts (for
cities/municipalities/districts)
One per province
Not more than 2 members
gov’t appointive officials
Not casual employees
Relationship prohibition (to BOC and/or candidate)

27. Duties/Responsibilities:
Receive from:
BEI: memory card envelope (“Transmitted” or “Not Trasmitted”)
C/MBOC: CD envelope (“Transmitted” or “Not Transmitted”)
Log Envelope/Paper seal details
date/time of receipt
Condition
Serial numbers
Precinct Number
City/Municipality/District of the ERs/COCs
Mark/Log/Secure/Submit to Board
Those “Not Transmitted”
Those “Transmitted”

28. Issues that may be
Raised in
BOC
Proceedings

29. Illegal Composition of BOCs
Illegal Proceedings
Other grounds as before no longer available
“Manifest errors”
“Material defects”
“Omissions”
“Alterations”
“Tampering”
“Discrepancies”

30. PROCEDURE

31. Preliminaries to canvassing
Show that CCS Box is sealed
Remove Plastic seal
Open the CCS Box
Check the items inside:
CCS Laptop Box
 Laptop
 SD Card (installed)
 Power Cable
 Adaptor
 SIM Cards
 Three(3) USB Security Tokens with Label
 USB Modem and extension cable
Password Envelopes (1 username, 2 passwords)
Sealing Kit

32. Extension Cord
BOC Protocol
Printer Box
 Printer (HP Laserjet P1006)
 Toner (installed) and spare toner
 Power and USB Cable
BGAN (Broadband Global Area Network) Box (if applicable)
 BGAN Antenna and Battery
 Sim Card (installed)
 RJ 45 LAN Cable
 Extension Cord
 Power Adapter and Cable
Memory Card reader (if applicable)
 Yellow Tie wraps
 Retrieve Password Envelopes and USB tokens and distribute among
BOC members
 Place CCS Laptop on top of table

33. Canvassing Procedures
Initialization
Power up
Connections
 To transmission medium (USB or BGAN)
 To printer
Log in procedures
Initialization Report (zero report)
 Printing
 Signing
Canvassing Proper
Monitoring of Results
 Red- Transmission Not Started
 Yellow- Transmission On-going
 Green- Transmission Completed

34. Importing of Untransmitted Results
By Memory Card (for BEIs)
By CD (for other BOCs)
Generation and Printing of Reports
Consolidated Canvass Report
Certificate of Canvass
 If all expected precincts/canvassing board results have been received
 When it becomes clear that there is no way that the lacking results
can be transmitted AND the results will no longer affect the result of
the election in a particular position
First 8 copies
Transmission of Results
Printing of Remaining COC Reports (22 copies)
Generation and Printing of Consolidated Statement of Votes

35. Generation of Certificate of Canvass and Proclamation
Results generated from highest to lowest
Special Procedures in case of tie (if applicable)
Acceptance of Defined Order
 Recorded in minutes
 Candidates duly represented at all stages of canvass
Printing of COCs and COCPs
Printing of Audit Log
Post Printing Activities
Signatures and Thumbmarks
Public Announcement of Results
Posting of COCs in area
Placing of COCs in appropriate envelopes
Back up
Shut down
Post Canvassing Procedures

36. Speed of Transmission (Automated Canvassing
Scenario)
For the losing candidate, this speed may be the enemy.
Again, only two grounds for a pre-proclamation controversy
Hence, timely receipt and advance tabulation of result is
key for the canvassing counsel
Match or even beat the speed of the COCs
Everyone is focused on the PCOS machine but the
potential problematic portion of the elections may be the
canvassing

37. CANVASSING
and Proclamation