UNA Legal Kit

8/16/2019 UNA Legal Kit

1/87

2016 National Elections

SUMMARY OF CONTENTS

Primer .......................................................................... Annex A

Canvassing Day Protocol ......................................... Annex B

Notes on Canvassing ................................................ Annex C

Relevant COMELEC Resolutions ......................... Annex D

Prepared by:

SPCMB Law Offices


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PRIMERFor

UNA LAWYERS(Provincial & City Canvass)

I.

LEGAL TEAM

Legal Counsel

The Lead Counsel for UNA in connection with the Election Day proper and CanvassingProceedings is the SUBIDO PAGENTE CERTEZA MENDOZA & BINAY LAW OFFICES(“SPCMB Law Offices”).

Field Lawyers

SPCMB Law Offices shall field lawyers to all provinces and cities that generate the Certificate

of Canvass that will be transmitted DIRECTLY to the National Board of Canvassers for thecanvassing of votes for President, Vice President and Senators.

The group Abogado ni Binay (“ANIB”), on the other hand, shall field lawyers to all other citiesand municipalities across the country.

Command Center

The Command Centers for Legal shall be located at:

ON ELECTION DAY (MAY 9)

Office Address : New Horizon Hotel778 Boni AvenueMandaluyong City

Contact Persons : Atty. Claro F. Certeza; Atty. Daniel C. SubidoAtty. Maribert Q. Pagente; Atty. Jose Julius R. Castro

Mobile Nos. : (0917) 833 0131; (0917) 981 6505; (0998) 392 2487

POST ELECTION DAY (MAY 10 ONWARDS)

Office Address : 5th Flr., Prince Building117 Rada Street, Legaspi VillageMakati City 1229, Metro Manila

Contact Persons : Atty. Claro F. Certeza; Atty. Daniel C. SubidoAtty. Maribert Q. Pagente; Atty. Jose Julius R. Castro

Telephone Nos. : (+632) 893 4115; 817 5116; 553 0490


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Facsimile No. : (+632) 845 0151

Mobile Nos. : (0917) 833 0131; (0917) 981 6505; (0998) 392 2487

Email address : [email protected]

II. DUTIES OF THE FIELD LAWYERS

1.

The Field Lawyers are the official lawyers of UNA only insofar as its presidential, vicepresidential and senatorial candidates are concerned.

2.

The basic functions of the Field Lawyers are the following:

a.

Legal Adviser – coordinate with the UNA local area leaders assigned to their

respective provinces and cities, and provide legal advice on matters pertaining to:

i.

The vote counting machines (“VCMs”);ii.

Election Day issues concerning UNA;iii.

Transmittal of election returns from the precinct level to themunicipal/city/provincial levels; and

iv.

Vote protection.

b.

Legal Counsel – as the official lawyer of UNA, the Field Lawyers shall represent theparty in the proceedings before the Board of Canvassers (“BOC”) in their respectiveareas of responsibility.

As such, the Field Lawyers are the only ones authorized in their respective areas to (i)obtain the Certificates of Canvass allotted for UNA as the Dominant Minority Party;and (ii) receive election returns from UNA watchers.

c.

The Field Lawyers must ensure the accuracy of the figures transmitted: (i) from theVCMs to the city/municipal BOC, (ii) from the city/municipal board of canvassers tothe provincial BOC, (iii) from the provincial BOC to the National BOC, as the case maybe, by coordinating with the Command Center for Legal. The Command Center forLegal shall have consolidated tallies of the votes from the returns transmitted directlyfrom the VCMs from which the figures transmitted to and from the

municipal/city/provincial BOCs may be compared.

d.

Upon obtaining the Certificate of Canvass, the Field Lawyer must immediately fax,email or MMS a copy of the Certificate of Canvass to the Command Center for Legal.

e.

The hard copy of the Certificates of Canvass shall as soon as possible be delivered tothe Command Center for Legal.


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f.

During the proceedings before the BOC, only the following issues may be raised aspre-proclamation controversies:

i.

Illegal composition of the BOC – when a member of the BOC does not possesslegal qualifications and appointments.

ii.

Illegal proceedings of the BOC – when the canvassing is a sham or mereceremony, the results of which are pre-determined and manipulated. Any ofthe following circumstances indicate an illegal proceeding: hurried canvassing,terrorism, lack of sufficient notice of the members of the BOC, and impropervenue.

g.

When warranted under the circumstances, the following issues may be raised andargued as matters evidencing the illegal proceedings of the BOC:

i.

When the ER or the certificate of canvass (in appropriate cases):

•

Are delayed, lost, destroyed or incomplete;• Were prepared under duress, threats, coercion, or intimidation or they are

obviously manufactured or not authentic;

• Contain votes or data that are different from those reflected in the othercopies thereof, whether printed or electronic;

• Have come from non-existent precincts;

• Did not come from the appropriate PCOS machines; and

• Did not come from the appropriate Central Canvassing Unit (“CCU”).

ii.

When the votes in the same election return or certificate of canvass is tabulatedmore than once.

iii.

When there are discrepancies in the figures reflected in the statement of votesand those in the certificate of canvass.

iv.

When falsified election returns or certificate of canvass have been canvassed.

v.

When the CCU used for canvassing is not the one officially appropriated byCOMELEC for canvassing

vi.

When the substitute or fraudulent returns in controverted polling places werecanvassed, the results of which materially affected the standing of the

aggrieved candidate.

h.

The Field Lawyers must immediately report to the Command Center for Legal allactions taken as counsel for UNA in their respective areas of responsibility.

The Field Lawyers must ensure that all matters raised are placed in the Minutes ofCanvass.


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III. ALLOWANCES

The Field Lawyers shall be given the following:

a.

P20,000.00 per diem (for each day of engagement starting 9 May 2016); and

b.

Meal and mobile phone allowance of P500.00 per day during the engagement.

The amount shall be released to the Field Lawyer upon receipt by the Command Center forLegal of the Certificate of Canvass issued to UNA as the Dominant Minority Party.

Note:

Enclosed herewith are the following:

a.

Canvassing Day Protocolb.

Notes on Canvassing

c.

Relevant COMELEC Resolutions


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CANVASSING DAY PROTOCOL

ACTION YES NO

I. Preliminaries to Canvassing

A.

The BOC shall show to the public and the watchers present that the CCSbox is sealed.

B.

The BOC shall remove the plastic seal of the CCS box.

C. The BOC shall open the CCS box.D. The BOC shall check whether the following are inside the CCS box:

1.

CCS laptop box which contains:

• Laptop

• Secure Digital (“SD”) Card (installed in laptop)

• Power cable of the laptop

• Electrical adaptor of the laptop

• Three (3) Universal Serial Bus (“USB”) Security Tokens with label

• USB modem with SIM card installed

• USB extension cable

•

Extra SIM card

• CD-R

• Reams of Paper2. Three (3) envelopes with label for each BOC member. Each envelope

contains:

• One (1) security token

• One (1) username

• Two (2) passwords:a.

One (1) password to enter the system (8 digits)b.

One (1) to validate security token (6 digits)3. Checklist of the contents of the box

4.

Yellow tie wrap to close the CCS box after election day5.

Extension cord6.

Printer box containing:

• Printer

• Toner (installed)

• Power cable of the printer

• USB cable to connect the laptop and printer7. BGAN (if applicable) containing:

• BGAN antenna

• Battery

• SIM Card (installed)

•

RJ 45 LAN cable

• Electrical extension

• Power adapter

• Power cable8. Memory card reader9. Security plastic seal

E.

The BOC shall retrieve the envelopes containing the system’s usernameand password which shall be in the custody of the Chairman of the


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Board, and the USB tokens for each member of the Board which shall bedistributed among themselves

F. The BOC shall retrieve the CCS laptop from its box and place the CCSlaptop properly on top of the table

II. Canvassing

A. Initialization Procedures

1.

The CCS Operator shall plug the power cord of the laptop to theextension cord

2. The CCS Operator shall plug the extension cord to the electricaloutlet or generator, when necessary

3. The CCS Operator shall turn on the laptop by pressing the powerbutton.

4. The CCS Operator shall connect the transmission medium (e.g., USBmodem, DSL, Satellite or BGAN) to the laptop

5. The CCS Operator shall connect the printer cable to the USB port ofthe laptop and the power cable of the printer to the extension cord

6. The CCS Operator shall turn on the printer by pressing the power

button7. The CCS Operator shall insert sufficient quantity of paper in the

printer feeder

8. The screen will display show the progress window displaying themessage, “Starting CCS. Please wait…” along with a loading progressbar

9. The screen will display the WELCOME page of the CCS. This pagecontains the log in window to access the system

10. The CCS Operator shall input the USERNAME and PASSWORD onthe corresponding text fields, and click the “LOG IN” button

11. The system will display the screen for start up with the message at

the top of the screen "Upon completion and acceptance, the ELECTIONwill be activated"

12. The two (2) members of the Board will insert their security tokens tothe USB slot of the laptop, one at a time and enter their usernamesand security key passwords in the space provided. Thereafter, theywill click “OK”

13.

The system will ask for username and system password of themember of the Board. The Chairman will enter his/her usernameand click “ACCEPT”

14. The two (2) members of the Board will insert their security tokens tothe USB slot of the laptop, one at a time and enter their usernamesand security key passwords in the space provided. Thereafter, they

will click “OK”15. Wait for the system to finish the initialization process16. The screen will display the message "INITIALIZATION REPORT."

The initialization report shows zero vote for each candidateincluding the geographical information (Province,City/Municipality, No. of Clustered Precincts Reported, Total No. ofClustered Precincts, No. of Registered Voters, and No. of VotersActually Voted)


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17. The message “ELECTION ACTIVATED” will be displayed on thetop panel above the PDF viewer

18. The CCS Operator shall print the INTILIZATION REPORT byclicking the print icon on the upper right corner of the PRINTPREVIEW page. The CCS operator shall then wait for the PRINTdialogue box to be displayed, enter the number "1", in the space

provided for number of copies to be printed, then will click "PRINT"19.

After printing the INITIALIZATION REPORT, the CCS operatorshall click "CONTINUE" found on the bottom part of the PDF viewerpanel to proceed to the HOMEPAGE of the CCS

20. The members of the Board shall affix their signatures on thecertification portion of the INITIALIZATION REPORT

21.

After signing the certification portion, the Chairman shall show theINTIALIZATION REPORT to the public

22.

The Member-Secretary shall place the INITIALIZATION REPORTinside the envelope intended for the purpose

B. Monitoring of Results (MBOC/CBOC/PBOC)

1.

Under the MONITORING module, click the “MONITORTRANSMISSION” icon in the HOME PAGE.

A list of barangays of the city/municipality (or, for PBOC, list ofcities/municipalities in the province/district) shall be displayedwith colored button beside the name of the barangay (or, for PBOC,city/municipality). The color of the button will determine the statusof the transmission of the specific city. The description of the coloredbuttons is indicated in the window at the lower portion of the screen.

2.

For For CBOC, to monitor the loading of results from a particularpolling center under a barangay, click on the “BARANGAY NAME”,and the list of polling centers will appear

To monitor the loading of results from a particularprecinct/clustered precincts under a polling center, click on the“POLLING CENTER NAME” where the precinct/clusteredprecincts concerned below, and the list of the clusteredprecinct/clustered precincts will appear.

For PBOC, to monitor the loading of results from a particularcity/municipality, click on the “CITY/MUNICIPALITY”, and thestatus of results will be displayed.

3. To return to the previous page, click “BACK”

4.

To update the status of loading of results from a barangay (or, forPBOC, from a city/municipality) from time to time, click”REFRESH”

III. Importing of Precinct Results from VCM to MBOC/CBOC/PBOC

A. To MBOC/ CBOC1.

The Board shall receive from the RCG an envelope containing theVCM main SD cards for the precinct. The Board shall open the said


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envelope, retrieve the VCM main SD cards and give the same to theCCS Operator

2. The CCS Operator shall attach the memory card reader to the laptop

3.

The CCS Operator shall insert the VCM main SD card in the memorycard reader

4.

The CCS Operator shall click on the blue triangle icon found at the

bottom right portion of the HOMEPAGE screen. The hidden sidepanel will be displayed, showing the import option. The CCSoperator shall click “IMPORT” at the upper right portion of thescreen

5. The screen will display the import dialogue box with the followingmessage "CLICK HERE TO UPLOAD TRANSMISSION PACKAGEFILE;" "TRANSMISSION FILE;" and "IMPORT"

6.

The CCS Operator shall click on "CLICK HERE TO UPLOADTRANSMISSION PACKAGE FILE"

7. The CCS will display the "OPEN FILES" Menu8. The CCS Operator shall click "DATA" at the left pane of the dialogue

box9. The CCS Operator shall click the "SAES" folder from the list of files

in the dialogue box and click on "OPEN" button10. The CCS Operator shall click on the "TRANSMISSION PACKAGES"

folder from the list of folder files and click on "OPEN" button11. The CCS Operator shall click "TRANSMISSION-PACKAGE.XML"

and click "OPEN" button

12. The screen returns to the IMPORT dialogue box. He will click"IMPORT" button

13. The CCS Operator shall wait until the processing is finished. He willclick the down arrow on the "GENERAL INFORMATION" header

box. The message "THE IMPORT PROCESS WAS FINISHEDSUCCESSFULLY" will be displayed on the screen14. If unsuccessful, the message "TABULATION SERVER NOT

FOUND" will appear on the screen, in which case, follow steps [iii]to [xiii]

15.

The CCS Operator shall remove the VCM main SD card from thememory card reader, return it to its original envelope and label it"UPLOADED"

16.

The CCS Operator shall follow the procedures laid down in steps [2]to [11] for the next VCM SD cards until all VCM SD cards areimported;

17.

The CCS Operator shall disconnect the memory card reader from the

laptop18.

The CCS Operator shall click anywhere in the screen outside the"IMPORT DIALOGUE box". The screen will return to HOMEPAGE

19.

To check if all the VCM SD cards are successfully imported, the CCSOperator shall follow the procedures for MONITORTRANSMISSION


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20. All VCM main SD cards shall be imported to the CCS and afterprocessing, it shall be placed in the same envelope and returned tothe RCG for submission to the Election Officer.

21. In case the VCM main SD card is not available or is found to bedefective, the Board shall retrieve from the VCM the back-up SD cardand give the same to the operator who shall perform the same

procedures enumerated above.B.

To PBOC1. The PBOC shall receive from the RCG an envelope containing the CD

labelled "NOT TRANSMITTED" for the city/municipality. The Boardshall open the said envelope, retrieve the CD labelled "NOTTRANSMITTED" to the CCS Operator

2.

The CCS Operator shall insert the CD of a MBOC/CBOC, as the casemay be, in the CD-ROM drive

3.

The CCS Operator shall click on the blue triangle icon found at thebottom right portion of the HOMEPAGE screen. The hidden sidepanel will be displayed, showing the import option. The CCS

Operator shall click “IMPORT” at the upper portion of the screen4. The screen will display the import dialogue box with the following

message "CLICK HERE TO UPLOAD TRANSMISSION PACKAGEFILE;" "TRANSMISSION FILE;" and "IMPORT"

5. The CCS Operator shall click on "CLICK HERE TO UPLOADTRANSMISSION PACKAGE FILE"

6. The CCS will display the "OPEN FILES" Menu7. The CCS Operator shall click "DATA" at the left pane of the dialogue

box8. The CCS Operator shall click the "SAES" folder from the list of files in

the dialogue box and click on "OPEN" button

9.

The CCS Operator shall click on the "TRANSMISSION PACKAGES"folder from the list of folder files and click on "OPEN"10.

The CCS Operator shall click "TRANSMISSION-PACKAGE.XML"and click "OPEN" button

11.

The screen returns to the IMPORT dialogue box. The CCS Operatorshall click "IMPORT" button

12.

The CCS Operator shall wait until the processing is finished and clickthe down arrow on the "GENERAL INFORMATION" header box.The message "THE IMPORT PROCESS WAS FINISHEDSUCCESSFULLY" will be displayed on the screen

13. If unsuccessful, the message "TABULATION SERVER NOT FOUND"will appear on the screen, in which case, follow steps [3] to [12]

14.

The CCS Operator shall remove the CD, return it to its originalenvelope and label it "UPLOADED"

15. The CCS Operator shall follow the procedures laid down in steps [2]to [12] for the next CDs until all CDs are imported

16. The CCS Operator shall click anywhere in the screen outside the"IMPORT DIALOGUE box". The screen will return to HOMEPAGE

17.

To check if all the CDs are successfully imported, the CCS Operatorshall follow the procedures for MONITOR TRANSMISSION


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their corresponding username and 6-digit security key passwordand click "OK"

e. The CCS shall generate the COC and display the same on thescreen

f. The CCS Operator shall print the COC by clicking on the printericon, type “8” on the space provided for number of copies, then

click “PRINT”g. The CCS Operator shall click "BACK" found at the lower right

portion of the page to go back to the previous pageh. The CCS Operator shall perform transmission procedures laid

down below.i. After transmission, the CCS Operator shall print the remaining 22

copies of the COC j. Thereafter, generate and print the Statement of Votes and

Certificate of Canvass Proclamationk. After printing and proclamation of the winning candidates,

import the results from all main SD cards

2.

If not all of the expected results are received electronically, the BOCwill check from the RCG whether there are envelopes containingmain SD cards labelled “NOT TRANSMITTED”. If there areenvelopes labelled “NOT TRANSMITTED”, the BOC shall instructthe CCS Operator to import the results therefrom. If after importingthe results from the main SD cards from the envelopes labelled“NOT TRANSMITED”, all of the expected results are received,perform the procedures laid down in Section B[1]

3. If after importing and still not all of the expected results have beenreceived but said results will no longer affect the result of the electionin a particular position, the Board shall perform the procedure forlowering of threshold as laid down in Resolution No. 10102 dated 26April 2016

Thereafter, to generate and print the COC for that particularposition, the CCS Operator shall follow the procedure laid down innumber Section B[1][a] to [g]

In this case, the BOC may proclaim the winning candidate for saidposition but should not proceed to transmission of results untilresults from all main SD cards have been imported.

C.

Generate and Print Statement of Votes (“SOV”)1. Under the Canvassing module, the CCS Operator shall click the

"CANVASSING MANAGEMENT” icon in the HOME PAGE2. From the left panel, the CCS Operator shall scroll down and click the

"STATEMENT OF VOTES (SOV)". The list of positions will bedisplayed on the right panel

3. The CCS Operator shall select the position/positions to generate SOVby clicking on the checkbox beside the position title under the ContestName header. To select ALL positions, the CCS Operator shall click


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the checkbox beside the "CONTEST NAME" header. Once anycheckbox is clicked, this will enable the "ISSUE" button

4. The CCS Operator shall click on "ISSUE" button located at the bottomportion of the screen

5. The CCS Operator shall wait until the print preview of the SOV isdisplayed. Click on the printer icon, then type "4" in the space

provided for the number of copies. Then click "PRINT" button6. The CCS Operator shall Click "BACK" button to return to the

previous pageD. Generation of Certificate of Canvass and Proclamation (“COCP”)

1.

The CCS Operator shall, under the CANVASSING module, click"CANVASSING MANAGEMENT" icon in the HOME PAGE

2.

From the left panel, the CCS Operator shall scroll down and click the"CERTIFICATE OF CANVASS AND PROCLAMATION (COCP)".The list of positions will be displayed on the right panel

3. The CCS Operator shall select the position/positions to generateCOCP by clicking on the checkbox beside the position title under the

Contest Name header. To select ALL positions, the CCS Operatorshall click the checkbox beside the "CONTEST NAME" header. Onceany checkbox was clicked, this will enable the "ISSUE" button

4.

The CCS Operator shall click on "ISSUE" button located at the bottomportion of the screen

5.

The system shall require user authentication. The two (2) members,one at a time, will insert their USB security tokens, enter theircorresponding username and security key password and click “OK”

6.

The CCS Operator shall click "PRINT" found at the bottom of thescreen. The print preview of the COCP will be displayed. Repeatprocedures [2] to [6] until all COCP for all positions are generated

7.

The CCS Operator shall click "BACK" to return to the previous page8.

The CCS shall return to the CANVASSING MANAGEMENT screenE. Transmission of Results

1. After generating the canvassing reports, the CCS Operator shall,under the CANVASSING module, click "TRANSMIT RESULT" iconin the HOME PAGE

2. The CCS shall display the list of positions/contests withcorresponding checkbox. Also the "Contest Name" header has acheckbox

3. To select per position, the CCS Operator shall tick the checkboxindividually. To select ALL, The CCS Operator shall tick thecheckbox beside the "Contest Name" header

4.

The STATUS for all positions should indicate "CERTIFIED",otherwise generate the required reports before transmitting results

5. The CCS Operator shall click "TRANSMIT"6. The TRANSMIT window shall be displayed. This contains the status

of transmission and the transmission process

7. Once the transmission is completed, the CCS will display the message"TRANSMISSION RESULTS PROCESS WAS FINISHED". After


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transmission, the CCS Operator shall press “CLOSE” to return to theTRANSMIT RESULT screen

F. Printing of Audit Log

1.

From the HOME PAGE, the CCS Operator shall click the "CONTROLPANEL" icon

2.

Under the EVENTS tab, the screen will display the logs of the CCS

3.

The CCS Operator shall click "PRINT" at the bottom of the screen4. The preview of the audit log shall be displayed. The CCS Operator

shall then click the PRINTER icon5. The CCS Operator shall enter the number of copies "1" in the space

provided and click "PRINT"6. The CCS Operator shall click "CONTINUE" to return to the

CONTROL PANEL screen

7. The CCS Operator shall click the "HOME PAGE" iconG. Post Printing Activities

Immediately after printing copies of the COCs, SOVs and COCP, theBoard shall:

•

Affix their signatures and thumb marks on the printed COCs,SOVs and COCP

• Ask the watchers present to affix their signatures and thumbmarks on the printed COCs, SOV and COCP

• The Chairman of the Board shall publicly announce the totalnumber of votes received by each candidate, stating theircorresponding offices

• The Member-Secretaries shall announce the posting of the COCson the wall within the premises of the canvassing area

• The Member-Secretaries shall place in the correspondingenvelopes with paper seals all reports

H.

Post Election Report1. When the COC has been generated already and succeeding

transmitted results are received in the CCS, from the left pane, underOTHER OPTIONS, the CCS Operator shall select "POST ELECTION"

2. The CCS Operator shall check CONTEST NAME to select allPOSITIONS, then click "ISSUE" and wait until the POST ELECTIONReport will display

3. From the right upper portion of the report, the CCS Operator shallclick PRINTER icon then click PRINT button to print the report

4. The CCS Operator shall click BACK button from the LOWER RIGHTof the screen

5.

From the upper left portion, the CCS Operator shall select blue-arrow then select HOME to return to Home Page

6. The members of the Board shall affix their signature in the spaceprovided for the purpose

7. One copy of the Post Election Report shall be submitted to the ERSD,Comelec and one copy shall be kept by the Chairman of the Board

I. Back-upAfter all the results have been successfully transmitted, the CCS Operatorshall:


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1. Insert a blank disc in the CD drive2.

Under the Data Handler category, click the "EXPORT DATA" in theHOME PAGE

3.

Click the green icon corresponding to the "BACKUP RESULTS"4.

Wait until the back-up process is finished and the message "Thebackup of results process was finished successfully"

5.

Remove the CD from the CD drive and:a.

Place inside an envelope provided for the purpose and seal thesame

b. label the envelope with "TRANSMITTED" or "NOTTRANSMITTED" to show whether the results are transmitted ornot

c.

Indicate in the envelope the city/municipality and provinced. sign the envelope; (Note: The CD shall be used by the Boards in

case of failure of transmission)6. repeat steps [1] to [4] to back-up the files in two (2) additional discs7.

turn-Over the CD to the Chairman

8.

submit to the Reception and Custody Group of the Provincial Boardof Canvasser (for MBOC/CBOC)/National Board of Canvassers (forPBOC)

The two (2) discs used to back-up the city/municipal or provincialresults, duly sealed shall be submitted to the PBOC or CONGRESS, asthe case may be and the Comelec. One (1) copy of the CD shall be retainedby the Chairman of the Board

J. Shutting Down of the CCS

After printing of all the reports and transmission of themunicipal/city/district/provincial results to all intended recipients, thefollowing shall be undertaken:

•

The CCS Operator shall click on the blue triangular icon found atthe top leftmost portion of the screen, to display the hidden sidepanel

• The CCS Operator shall click "END SESSION" option from themenu. A confirmation message displays on the screen, click "OK"

• The CCS Operator shall click the power button and wait for thelaptop to shut down completely

• The CCS Operator shall turn-over CCS laptop to the CCS OperatorV. Distribution of the COCs

A. In case of MBOC/CBOC

1.

The first copy shall be delivered to the PBOC for use in thecanvass of election results for president, vice-president,senators, members of the House of Representatives, parties,organizations or coalitions participating under the party-listsystem, and elective provincial officials

2. The second copy shall be sent to the Comelec3. The third copy shall be kept by the chairman of the board

4.

The fourth copy shall be given to the PPCRV designated by theComelec to conduct an unofficial count. It shall be the duty of


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the PPCRV to furnish independent candidates copies of the COCat the expense of the requesting party

5. The fifth copy to Congress, directed to the President of theSenate

6. The sixth copy to be posted on a wall within the premises of thecanvassing center

7.

The seventh and eighth copies shall be given to the dominantmajority and minority parties

8. The ninth to eighteenth copies shall be given to the ten (10)accredited major national parties, excluding the dominant andminority parties, in accordance with a voluntary agreement amongthem.

If no such agreement is reached, the Comelec shall decide whichparties shall receive the copies on the basis of the criteria providedin Section 26 of R.A. No. 7166 and Resolution No. 9984

9. The nineteenth and twentieth copies shall be given to the two

accredited major local parties in accordance with a voluntaryagreement among them.

If no such agreement is reached, the Comelec shall decide whichparties shall receive the copies on the basis of criteria analogous tothat provided in Section 26 of Republic Act No. 7166 and ResolutionNo. 9984

10. The twenty-first to the twenty-fifth copies, to national broadcast orprint media entities as may be equitably determined by the Comelecin view of propagating the copies to the widest extent possible

11.

The twenty-sixth and twenty-seventh copies, to local broadcast orprint media entities as may be equitably determined by the Comelecin view of propagating the copies to the widest extent possible

12.

The twenty-eighth to the thirtieth copies, to the major citizens' arms,including the accredited citizens' arm, and other nonpartisan groupsor organizations enlisted by the Comelec pursuant to Section 52(k)of Batas Pambansa Big. 881. Such citizens' arms, groups andorganizations may use the three certified copies of ERs for theconduct of citizens' quick counts at the local or national levels

B. In case of PBOC or CBOC of cities comprising one or more legislative districts1. The first copy shall be sent to Congress, directed to the President of

the Senate for use in the canvass election results for President andVice-President

2.

The second copy shall be sent to the Comelec for use in the canvassof the election results for senators

3. The third copy shall be kept by the Chairman of the Board

4. The fourth copy shall be given to the PPCRV designated by theComelec to conduct an unofficial count. It shall be the duty of thecitizens' arm to furnish independent candidates copies of the COC atthe expense of the requesting party

5. The fifth copy to Congress, directed to the President of the Senate


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6. The sixth copy to be posted on a wall within the premises of thecanvassing center

7. The seventh and eighth copies to the dominant majority and minorityparties

8. The ninth and tenth copies to two accredited major national partiesrepresenting the majority and the minority, excluding the dominant

majority and minority parties, to be determined by the Comelec onthe basis of the criteria provided in Section 26 of Republic Act No.7166 and Resolution No. 9984

9.

The eleventh to thirteenth copies to national broadcast media entitiesas may be equitably determined by the Comelec in view ofpropagating the copies to the widest extent possible

10.

The fourteenth copy to another citizens' arm or in the absence thereof,to a non-partisan group or organization enlisted by the Comelecpursuant to Section 52(k) of Batas Pambansa Big. 881. Such citizens'arm or non-partisan group or organization may use the copy ofelection return for the conduct of citizens' quick count

11.

The board shall also print three (3) copies of the Statement of Votesby City/Municipality, and each copy shall be attached to the COCsintended for the Congress, Comelec, and the PBOC

12.

The COC and Statement of Votes shall be signed and thumb markedby the chairman and members of the PBOC, and the watchers, ifavailable. Thereafter, all copies, with their respective supportingdocuments, shall each be sealed with a serially numbered paper seal(CEF No.12) and placed inside their corresponding envelopes. Eachenvelope shall likewise be sealed with a serially numbered paper seal

13. The three (3) discs used to back-up the municipal/city consolidatedresults shall also be placed individually inside an envelope, dulysealed, and submitted to the Congress, Comelec, and one copy to beretained by the Chairman of the Board of Canvassers


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GENERAL INSTRUCTIONSGOVERNING THE CONSOLIDATION/CANVASS

AND TRANSMISSION OF VOTES IN THE 2016 ELECTIONS(COMELEC Resolution No. 10083, 15 March 2016)

I. Board of Canvassers (BOC)

A. Composition (Sec. 2, COMELEC Resolution No. 10050, 3 Feb. 2016)

1. Municipality of Board of Canvassers (MBOC)

a.

Chairman: Municipal Election Officer (MunicipalEO) or a representative of the COMELEC

b. Vice-Chairman: Municipal Treasurerc. Member: District School Supervisor, or in his absence,

most senior Principal of the School District

2. City Board of Canvassers (CBOC)

a. Chairman: City Election Officer (City EO) or a lawyerof the COMELEC

b.

Vice-Chairman: City Prosecutorc. Member: Division Superintendent of Schools

• Cities in NCR with more than one (1) City EO, theRegional Election Director (RED) shall designate theCity EO, who shall act as Chairman.

• Cities outside NCR with more than one (1) City EO,the Provincial Election Supervisor (PES) shalldesignate the City EO, who shall act as Chairman.

3.

District Board of Canvassers for the Legislative District Taguig-Pateros (DBOC)

a.

Chairman: City Election Officer (City EO) or a lawyerof the COMELEC

b. Vice-Chairman: City Prosecutorc.

Member-Secretary: City Superintendent of Schools

4.

Provincial Board of Canvassers (PBOC)

a.

Chairman: Provincial Election Supervisor (PES) or alawyer of the COMELEC;

b.

Vice-Chairman: Provincial Prosecutorc. Member-Secretary: District School Superintendent


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5.

Regional Board of Canvassers (RBOC) in the ARMM

a. Chairman: Regional Election Director (RED) or alawyer of the COMELEC;

b.

Vice-Chairman: a representative of equivalent rankfrom Department of Justice (DOJ)

c.

Member-Secretary: a representative of equivalentrank from Department of Education

6.

Boards for Newly Created Political Subdivisions (Sec. 3, COMELEC ResolutionNo. 10050, 3 Feb. 2016)

- The RED concerned shall constitute the BOC and appoint themembers thereof for the first election in case the officials whoshall act as members thereof have not yet assumed their dutiesand functions.

B.

Substitution (Sec. 5, COMELEC Resolution No. 10050, 3 Feb. 2016)

1.

Grounds

a. Non-availability,b. Absence,c.

Disqualification due to relationship, ord. Incapacity for any cause

2. Appointing Authority

a.

PES – for CBOC and MBOC in the province;b.

RED – for PBOC in the region;c. RED of NCR – for the DBOC, CBOC, and MBOC in the

region;d.

Chairman of the COMELEC – for the RBOC

3. Qualified Substitutes

a.

Chairman – an official of the COMELECb. Other Members of the Board:

i. PBOC

• Provincial Auditor;

•

Register of Deeds;• Clerk of Court nominated by the Executive

Judge of the RTC;

• Any other available appointive provincialofficial.

ii. CBOC

• Officials corresponding to the officialsdesignated in PBOC


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2.

Appointing Authority

a. PES – for CBOC and MBOC in the province;b. RED – for PBOC;c.

RED of NCR – for the DBOC, CBOC, and MBOC in the region;d. Chairman of the COMELEC – for the RBOC in the ARMM.

3. Disqualification

-

Those who are related within the fourth civil degree ofconsanguinity or affinity to any member of the BOC or to anycandidates whose votes will be canvassed by said BOC

E.

Reception and Custody Group (RCG) (Sec. 10, COMELEC Resolution No. 10050, 3Feb. 2016)

1. Description

-

Each BOC may constitute a RCG for the reception and safekeeping of the SDcards, and other documents for the BOARD.

2. Composition

-

There shall be at least one (1) RCG for every BOC.- The RCG shall be composed of not more than 3 members who

are government appointed officials.

Note:

In cities with more than one (1) legislative district, one (1) RCG forevery legislative district may be constituted.

In municipalities with more than 500 clustered precincts, one (1)additional RCG may be constituted in accordance with thefollowing ratio:

No. of Clustered Precincts No. ofRCGs

1 to 500 1

501 to 600 2

601-700

more 3

F. Other Support Staff (Sec. 11, COMELEC Resolution No. 10050, 3 Feb. 2016)

1.

Description

- The BOC may appoint support staff not exceeding five to assistin the administrative operations of the canvass.


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2. Disqualification

- Casual Employees cannot be designated as support staff.-

Those who are related within the fourth civil degree ofconsanguinity or affinity to any member of the BOC or the RCGor to any candidate whose votes will be canvassed by the BOC.

G.

Quorum (Sec. 20, COMELEC Resolution No. 10050, 3 Feb. 2016)

-

A majority of the members of the BOC shall constitute a quorum forthe transaction of its official business, and a majority of all membersthereof shall be necessary to render a decision.

H.

Prohibition

- During the period beginning 9 May 2016 until the proclamation of

the winning candidates, no member of the BOC shall be transferred,assigned or detailed outside of his official station nor shall he leavesaid station without prior authority of the COMELEC.

I. Convening of the Boards (Sec. 2, COMELEC Resolution No. 10083, 15 March 2016)

-

3 o’clock p.m. of 9 May 2016. It shall meet continuously until the canvass iscompleted, and may adjourn only for the purpose of awaiting the ERs/COCs.

J. Powers and Functions of the BOC (Sec. 3, COMELEC Resolution No. 10083, 15 March2016)

1.

Powers

a. To keep order within the canvassing room or hall including itspremises

b. To enforce obedience to its lawful ordersc. To order in writing a peace officer/soldier, or in their absence,

any other competent and able person to take into custody anyperson who refuses to obey any lawful order of the BOC, orshall disturb or interrupt its proceedings

2. Functions

a.

Canvass/consolidate the electronically transmitted resultsb.

Generate and print the COC, COCP, and SOVc. Electronically transmit the resultd. Proclaim the winning candidatese.

Perform such other functions as may be directed by theCOMELEC


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II. Right To Be Present, To Counsel, and To Watchers During The Canvass

Each registered political party, or coalition or political parties fieldingcandidates, accredited political parties, sectoral party/organization orcoalition thereof participating under the party-list system and everycandidate has the right to be present, to counsel, and one (1) watcherduring the canvass: Provided, that only one (1) counsel may argue for eachparty or candidate. (Sec. 4 and 5, COMELEC Resolution No. 10083, 15March 2016)

III. Rights of the Watchers during Canvassing Proceedings

A. Rights of the Watchers

1.

Be present at, and take note of, all the proceedings of the BOC;2. Stay behind the Chairman of the BOC near enough to be able to

observe the consolidation/canvass of the ERs/COCs without

touching the CCS; and3.

File a protest against any irregularity noted inconsolidation/canvass of the ERs/COCs and obtain from the BOCa resolution thereon in writing.

Note: Watchers shall not be allowed to participate in the deliberationof the Board.

B. Disqualification

1.

A person convicted by final judgment of any election offense or ofany other crime, or related to any member of a BOC within thefourth civil degree of consanguinity or affinity

2. A person who cannot read or write Filipino, English or any of theprevailing local dialects

IV. Persons Not Allowed Inside Or Within A Radius of Fifty (50) Meters From TheCanvassing Room (Sec. 6, COMELEC Resolution No. 10083, 15 May 2016)

• Any officer or member of the Armed Forces of the Philippines;

• Any officer or member of the Philippine National Police;

• Any peace officer or any armed or unarmed persons belonging to anextra-legal police agency, special forces, strike forces, or civilian armed

forces geographical units;• Any barangay tanod or any member of barangay self-defense units;

• Any members of the security or police organizations or governmentagencies, commissions, councils, bureaus, offices, instrumentalities, orgovernment-owned or controlled corporations or their subsidiaries; or

• Any members of a privately owned or operated security, investigative,protective or intelligence agency performing identical or similarfunctions.


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Note: The BOC may, whenever necessary, by majority vote direct inwriting for the detail of policemen or peace officers for their protection orfor the protection of the machines, election documents and paraphernalia,or for the maintenance of peace and order, in which case said policemen orpeace officers, who shall be in proper uniform, shall stay outside the roombut near enough to be easily called by the BOC at any time.

V. Issues That May Be Raised During The Consolidation/Canvass (Sec. 8, COMELECResolution No. 10083, 15 March 2016)

A. Ground

-

Issues affecting the composition or proceedings of the Boards

B. Procedure

1.

By Verified Petition with the BOC

-

If the petition is filed directly with the BOC, its decision maybe appealed to the Comelec within 3 days from issuancethereof.

2.

By Verified Petition with the COMELEC

- If commenced directly with the Comelec, the verified petitionshall be filed immediately when the BOC begins to actillegally, or at the time of the appointment of the member ofthe BOC whose capacity to sit as such is objected to.

Note: There shall be no pre-proclamation cases onissues/controversies relating to the generation/printing,transmission, receipt and custody, and appreciation of ERs or theCOCs.

VI. Election Offenses; Electoral Sabotage (Sec. 16, COMELEC Resolution No. 10083, 15March 2016)

In addition to the prohibited acts and election offenses mentioned herein and thoseenumerated in Sections 261 and 262 of Batas Pambansa Big. 881, as amended, the

following shall be guilty of an election offense or a special election offense to be known aselectoral sabotage:

1. Any person who removes the COC posted on the wall, whether within or afterthe prescribed forty-eight (48) hours of posting, or defaces the same in anymanner;

2.

Any person who simulates an actual COC or statement of votes, or a print ordigital copy thereof;


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UNA Legal Kit

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