LAWYERS AND PARALEGALS’

ORIENTATION
By: Atty. YSNAIRA A. IBRAHIM
LEGAL BASES

u COMELEC Resolution No. 10727 dated November 10, 2021 otherwise known as
the ”General Instructions for the Constitutions, Composition and Appointment
of Electoral Boards; the Process of Final Testing and Sealing of the Vote
Counting Machines; and the Transmission of Election Results in Connection
with the 09 May 2022 National and Local Elections.”

u COMELEC Resolution No. 10731 dated November 17, 2021 otherwise known as
the ”General Instructions for the Board of Canvassers (BOC) on the
Constitution, Composition and Appointment; Consolidation/Canvass and
Transmission of Votes/Canvass in Connection with the 09 May 2022 National
and Local Elections.”
ELECTION DAY

u WHEN: May 9, 2022

u VOTING HOURS: 6:00AM to 7:00PM

TERMINOLOGY:

u ELECTION OFFICER (EO)- the COMELEC representative in the city or municipal

level; he/she supervises the conduct of the election.
u ELECTORAL BOARD- shall refer to the Board of Election Inspectors (BEIs) who will
conduct the final testing and sealing of Vote Counting Machine, voting and
counting and transmission of election results.
u SUPPORT STAFF (Same qualification as EBs, except being a registered voter) assist
the EB
u DESO (Serve as COVID Marshall; Plan, organize, lay-out and supervise the setting
up of a Voter’s Assistance Desk at the voting center to assist voters; ensure
minimum public health standards in voting centers)
u DESO TECHNICAL SUPPORT STAFF (IT)
u DESO SUPPORT STAFF serves as Safety Protocol Officer
u ELECTION DAY COMPUTERIZED VOTER’S LIST (EDCVL)-shall refer to the
computerized list of registered voters with voting records in the Polling Pace.
WHO ARE THE MEMBERS OF THE
ELECTORAL BOARD (EB)

CHAIRPERSON
• The one who gives the ballot; authenticate the ballot by affixing his/her signature; show
to the voter that the ballot is in good condition; give the ballot secrecy folder and marker

POLL CLERK • The one who verify if the name of the voter is in the EDCVL of that polling place; check
presence of indelible link; and put on the Minutes matters that need to be entered there.

• He/she will stand beside the VCM w/o looking at the screen of the VCM to ensure that

THIRD MEMBER the ballot is successfully accepted and the VVPAT is printed; cut the VVPAT and give it to
the voter for verification; After, the Voter is instructed to deposit the Voter Verifiable
Paper Audit Trail (VVPAT) to the VVPAT receptacle.
• Apply indelible ink to the voter’s forefinger; advise the voter to leave the polling place.
DISQUALIFICATION OF MEMBERS OF THE
ELECTORAL BOARD (EB)

u Section 8 of COMELEC Resolution No. 10727.

- No person shall be appointed as a member of the EB if said

person is related, within the fourth (4th) civil degree of
consanguinity or affinity, to any member of the same EB, to any
candidate to be voted for in the polling place of assignment, or
to the said candidate’s spouse.
 POWERS AND FUNCTIONS OF THE
ELECTORAL BOARD
u Conduct the Final Testing and Sealing of VCM;
u Verify the identity of a voter using the EDCVL;
u Conduct the voting in the polling place and administer the electronic counting of votes;
u Digitally signed and print the Election Returns and transmit electronically the election results,
through the VCM;
u Act as deputies of the COMELEC in the supervision and control of the conduct of elections in the
polling place;
u Maintain order within the polling place and its premises to keep an open and unobstructed access
thereto;
u Prohibit the use of cellular phones, cameras, or any recording device by the voters during voting;
u Implement minimum public health standards.. If any person refuses to obey lawful orders of the EB
or conducts in disorderly manner in its presence or interrupts the proceedings, the EB may issue an
order in writing directing the peace officer to take such person into custody until adjournment of the
meeting, but such order shall not be executed as to prevent such person from voting. A copy of the
order shall be attached to the Minutes;
u Furnish copies of the Certificate of Votes upon request of the watchers; and
u Perform such other functions prescribed by law, rules and regulations promulgated by the COMELEC.
DEPUTATION OF MEMBERS OF THE PNP

u Section 32 of COMELEC Resolution No. 10727.

Uniformed member of the PNP who have undergone training and DOST certification may be deputized as a member of the EB, if the
following circumstances are present:

a) The peace and order situation in the area requires as determined by the Commission; and

b) There are no other qualified, willing and available persons to render election service in the affected area based on the
certification issued by concerned officials mentioned in Section 14 (order of preference), hereof;
POLL WATCHER?

u Is a person appointed to observe the conduct of an election on behalf of a

candidate, political party, or any organization authorized by the COMELEC.
WHO IS ENTITLED TO HAVE WATCHERS?

u Under Section 45 of COMELEC RESOLUTION NO. 10727, ”each candidate, duly

registered political party or coalition of political parties, associations or
organizations participating in the Party-List System and duly accredited
citizens’ arms, may appoint in every polling place two (2) watchers who shall
serve alternately. However, candidates for Senator, Member of the
Sangguniang Panlalawigan, Sangguniang Panlungsod, and Sangguniang Bayan
belonging to the same party coalition, shall collectively be entitled to one.

u Other groups with prior authority from the COMELEC is entitled to one (1)
watcher in every polling place.
QUALIFICATION OF WATCHER

u A) Is a registered voter of the city or municipality where such person is

assigned;
u B) Is of good moral character;
u C) Has not been convicted by final judgment of any election offense or of any
other crime;
u D) Knows how to read and write Filipino, English or the prevailing local
dialect; and
u E) Is not related within the fourth civil degree of consanguinity or affinity to
the chairperson, or any other member of the EB in the polling place where
such person seeks appointment as a watcher.
RIGHTS AND DUTIES OF WATCHERS
(Section 47 OF COMELEC RESOLUTION NO.10727)

u A) Stay in the space reserved for them inside the polling place, except under the last
paragraph of Section 45 of this Resolution;
u B) Witness and inform themselves of the proceedings of the EB;
u C) Take note of what they may see or hear;
u D) Take picture, image, photo, or video of the proceedings and incidents.
u E) File protest against any irregularity or violation of law which they believ may have
committed by the EB or by any person present;
u F) Obtain from the EB a certificate as to the filing of such protest and/or the Resolution
thereof; and
u G) Position themselves near the chairperson of the EB, observing the one-meter physical
distancing requirement, while the chairperson is publicly announcing the precinct results.
u Under Section 85, the delivery/return of the ballot box to the City/ Municipal Treasurer shall
be accompanied by watchers.
DO’S FOR A WATCHER

u Secure Watcher’s ID from the party engaging them, with proper picture,
signature of candidate/authorized representative;
u Know the polling place assignment ahead of time, particularly the clustered
precinct #;
u Be at the polling precinct before 6am and stay there up to 7pm or until the
polling precinct closed. (N.B. Under Section. 57, the VCM shall be opened on May 9,
2022 not earlier than 5:00am and in the presence of watchers, if any.)
u Affix signature and thumbmarks in the election return (for dominant majority
and dominant minority parties);
u Secure copy of Election Returns;
DONT’S FOR WATCHER

u Watchers are not allowed to speak to any member of the EB, or to any voter,
or among themselves, in a manner that would disrupt the proceedings of the
EB.
u Watchers are not allowed to take pictures, images, photos, or videos while
the voter is shading the ballot and feeding the same in the VCM. Violation of
this, shall constitute as Election Offense
PERSONS ALLOWED INSIDE THE
POLLING PLACE
u Members of the EB and support staff, if any;
u Watchers who shall stay only in the space reserved for them;
u Representative of the COMELEC;
u DESO Technical Support Staff assigned in the voting center;
u Emergency Accessible Polling Place (EAPP) Support Staff;
u Voters casting their votes and their assistors, if any;
u Voters waiting for their turn to cast their vote;
u Jail/Prison Escorts escorting PDL voters; or
u Other persons who may be specifically authorized by the COMELEC.
 Persons NOT ALLOWED
to enter the polling place
(Section 64 OF COMELEC RESOLUTION NO.10727)

u Unless authorized by the COMELEC, it is UNLAWFUL for the following persons to ENTER the
polling place, or to stay within a radius of FIFTY (50) METERS from the polling place, except
to vote:

u 1. Any officer or member of the AFP or PNP;

u 2. Any peace officer or armed person belonging to any extra-legal police agency, special forces,
reaction forces, strike forces, CAFGU, BARANGAY TANODS, or similar forces or para-military forces,
including special forces, security guards, and special policemen;
u 3. All other kinds of armed or unarmed extra-legal police forces; or
u 4. Any BARANGAY and SK OFFICIALS, whether elected or appointed.
EXCEPTION

u The EB may, by a majority vote if it deems necessary, order in writing the

detail of policemen or peace officers for its protection or for the protection of
the election documents and paraphernalia. In which case, the said policemen
or peace officers, shall stay outside the polling place within a radius of thirty
(30) meters near enough to be easily called by the EB at any time, but never
at the door, and in no case shall the said policemen or peace officer hold any
conversation with any voter or disturb or prevent or in any manner obstruct
the free access of the voters to the polling place. Such order shall be
recorded in the Minutes. (Section 64, COMELEC Resolution No. 10727)
PRELIMINARIES TO VOTING

u EB members meet at the polling place NOT LATER THAN 5AM on May 9, 2022;
u Set up the polling place seating arrangements, post 1 copy of the PCPVL;
u Show to watchers and the public present that the;
1. VCM box is sealed
2. Ballot box is empty and thereafter, lock with 4 seals;
3. Package of official ballots is duly sealed, and thereafter, break the seal.
u Opening the VCM and check all its accessories including the 2 SD cards labeled
as “A” and “B”
MANNER OF OBTAINING THE BALLOTS

u A) the Voters shall:

1. Upon entering the Voting Center, proceed to the designated VOTER’S ASSISTANCE DESK (VAD) to secure the
precinct and sequence numbers and assigned clustered precincts; and
2. Proceed to the assigned clustered precinct and approach any member of the EB or its Support Staff and state
their names, precinct number and sequence numbers;

u B) The Poll Clerk shall:

1. Verify if the name of the Voter is in the EDCVL, if not he/she shall be requested to leave the
polling place.
2. If voter’s name is found in the EDCVL, check his fingernails for any indelible ink stain.

IF STAINED: It is a conclusive presumption that he has already voted, and will be requested to leave the
polling place after informing of the said reason. This fact shall be recorded by the Poll Clerk in the
Minutes.
u IF NOT STAINED: established the voter’s identity by the following:

u 1. Voter’s photograph or specimen signature in the EDCVL. In case the identity

of the voter cannot be determined with certainty in the EDCVL, the EB may
require the voter to present any valid identification document, except barangay
certificate or cedula;

u 2. In the absence of any of the above-mentioned proof of identity, any member

of the EB or any registered voter of the precinct/ clustered precinct may
identify under oath the voter, and such fact shall be reflected in the Minutes.
VOTING
MINIMUM HEALTH PROTOCOLS

u Wear face mask & face shield;

u Check temperature. (a person who register a temperature of 37.5 degrees celcius or higher
shall not be allowed to enter the Voting Center under Section 91. However, under Section 80
(b), he may vote at the Isolation Polling Place (IPP);

u Sanitize own hands thoroughly and as frequent as possible;

u Observe social distancing, at least one meter from other watchder;
u Use own pen for signing in the EDCVL;
u Etc….
WHO MAY VOTE

u All voters whose names appear in the EDCVL may vote, unless their names are
manually crossed out from the same list with the following annotations, duly
signed by EO:
u A) The voter has transferred residence to another district, city or municipality;
u B) The voter has died;

u The voter’s registration record was deleted based on Automated Fingerprint

Identification System (AFIS) result, as approved by the Election Registration
Board (ERB); or
u The voter has availed of the Local Absentee Voting.
CHALLENGE AGAINST ILLEGAL VOTERS
(Section 59 OF COMELEC RESOLUTION NO.10727)

u Any voter or watcher may challenge any person offering to vote for:
- Being not registered;
- Using the name of another; or
- Suffering from an existing disqualification.
• EB shall determine the truthfulness of the ground for challenge by requiring
proof of registration, identity or qualification.
• EB shall identify the voter’s specimen signature and photo in the EDCVL;
• Absence of any of the above-mentioned proof of identity, any member of the
EB may identify under oath a voter personally known to the former, which act
of identification shall be recorded in the Minutes.
CHALLENGE BASED ON CERTAIN
ILLEGAL ACTS
(Section 60 OF COMELEC RESOLUTION NO.10727)

1) Received or expects to receive, paid, offered or promised to pay, contributed, offered or promised to
contribute money or anything of value as consideration for his/her vote or for the vote of another;

2. Made or received a promise to influence the giving or withholding of any such vote;
or

3. Made a bet or is interested directly or indirectly in a bet that depends upon the
results of the election.
CHALLENGE BASED ON CERTAIN
ILLEGAL ACTS

u The challenged voter may take an oath before the EB that said voter has not committed any
of the challenged acts…

u The EB shall record in the minutes all challenges and oaths taken, and its decision in each
case.
RULES TO BE OBSERVED DURING THE VOTING
(Section 62 OF COMELEC RESOLUTION NO.10727)

1. Voters shall vote in the order of their arrival in the polling place. Giving numbers to the
voters to determine their sequence of voting is strictly prohibited;
2. No watcher shall enter the place reserved for the voters and the EB, or mingle and talk
with the voters;
3. No person carrying any firearm or any other deadly weapon, except jail/prison escorts and
those expressly authorized by the COMELEC, shall enter the polling place. The jail/prison
escorts may bring firearms inside the polling place to secure the Person Deprived of Liberty
(PDL) voter who will vote as may be authorized by the COMELEC. Said escorts and PDLs
shall immediately leave the polling place once the latter have finished voting.
4. There shall be no crowding of voters and disorderly behavior inside the polling place.
5. The ballot box shall remain locked during the voting. Except, when there is a need to
wobble the contents therein and make room for the ballots. Such fact shall be witnessed
by the watchers and recorded in the Minutes.
PROHIBITION ON VOTING
(Section 66 OF COMELEC RESOLUTION NO.10727)

It shall be unlawful for a voter to:

u 1. Bring the ballot, ballot secrecy folder or marking pen outside of the polling place except
in the case under Article 9 of this Resolution;
u 2. Speak with anyone other than persons provided in this Resolution while inside the polling
place;
u 3. Prepare the voter’s ballot without using ballot secrecy folder, or to exhibit its contents;
u 4. Fill out the voter’s ballot accompanied by another, except in the case of voting by
assistor pursuant to Section 65 of this Resolution;
u 5. Erase any printing from the ballot, or put any distinguishing mark on the ballot;
u 6. Use of capturing devices such as but not limited to digital cameras, cellular phones with
camera, or other means to copy the contents of the ballot, or otherwise make use of any
other scheme to identify his vote;
u 7. Intentionally tear or deface the ballot; or
u 8. Disrupt or attempt to disrupt the normal operations of the VCM.
PREPARATION OF BALLOTS FOR ILLITERATE,
PWD, & SENIOR CITIZENS BY AN ASSISTOR
(Section 67 OF COMELEC RESOLUTION NO.10727)

u No voter shall be allowed to vote as an illiterate, PWD, or SC unless such fact is

indicated in the EDCVL, or although not indicated as PWD in the EDCVL, when
disability is readily apparent. If so, such voter may be assisted in the preparation
of ballot, in the following order:

1) Relative within the 4th civil degree of consanguinity or affinity;

2) Person of his confidence who belongs to the same household as that of the voter. For this
purpose, the person who usually assists the PWD or SC, such as personal assistant,
caregiver, or a nurse shall be considered as a member of the voter’s household; or
3) Any member of the EB.
- A voter with physical impairment maybe assisted in feeding the ballot into the VCM by
the EB member. The EB member shall ensure that the contents of the ballot are not
displayed during its feeding into the VCM. This fact, must be recorded in the Minutes.
ASSISTOR…
- All person assisting must be of voting age.

- No person, EXCEPT the members of the EB, may assist an illiterate, PWD, or SC more
than three (3) times.

- In all cases, the poll clerk shall first verify from the illiterates, PWDs or SCs whether
said voters have authorized a person to help them cast their vote. If the voter denies
the authority of the ASSISTOR, any member of the EB may assist such illiterates, PWDs
or SCs. The same shall be recorded in the Minutes.

- The person assisting the illiterates, PWDs, or SCs shall:

a) Prepare in their presence, the ballot using a ballot secrecy folder; and
b) Bind themselves in writing and under oath to fill out the ballot strictly in accordance
with the instructions of the voter and not to reveal its contents, by indicating the
appropriate data and affixing their signatures, thumbmark, in the corresponding space in
the Minutes.
PROHIBITION AGAINST PREMATURE
ANNOUNCEMENT OF VOTING
(Section 70 OF COMELEC RESOLUTION NO.10727)

u The members of the EBs are prohibited from announcing the following matters
during the voting period:

1) Whether a certain registered voter has already voted or not;

2) Number of registered voters who have already voted or failed to vote thus far; or

3) Any other fact tending to show or showing the state of the polls; neither member of the EB
shall make any statement at any time, except as a witness before a court or body as to
how many persons voted.
 REJECTED BALLOTS
(Section 76 OF COMELEC RESOLUTION NO.10727)

u The ballots maybe rejected by the VCM during scanning. There are three (3)
different types of messaged when the VCM rejects the ballot:

u MISREAD BALLOT- When a ballot has not been scanned properly. For this purpose, the EB shall
allow the voter to re-feed the ballot four (4) times in four different four (4) different
orientations;
u PREVIOUSLY READ BALLOT- When a ballot with the same ballot ID number was already scanned;
and
u INVALID BALLOT- When the ballot is not configured to the VCM. The Voter shall return the ballot
to the chairperson who shall in turn, check if the ballot ID of the rejected ballot corresponds to
the clustered precinct number. If it does not match, the chairman shall mark the ballot as
REJECTED and place it in an envelope for rejected ballots. The chairperson shall then issue the
correct ballot to the voter.

u NO REPLACEMENT BALLOT shall be issued to a voter whose ballot is rejected by the VCM except
if the rejection of the ballot is not due to the fault of the voter.
ISOLATION POLLING PLACE (IPP)
(Section 80 OF COMELEC RESOLUTION NO.10727)

u Who may vote at the IPP:

u Voters who, upon temperature check at the

entrance of the voting center and who registers aa
temperature of 37.5 degrees Celsius or higher may
vote at the IPP.

The EO shall appoint one (1) IPP support staff.

DISPOSITION OF UNUSED BALLOTS
(Section 83 OF COMELEC RESOLUTION NO.10727)

u Section 83 provides that, After the voting the Chairperson, in the presence of
the other members of the EB, shall:
a) Record in the Minutes the quantity of unused ballots;
b) Tear the unused ballots in half lengthwise;
c) Place ½ of the torn ballots in the envelope for Rejected Ballots, Half Torn
Unused Official Ballots and other Half of Torn Unused Official Ballot (CEF No.
A15), and submit said envelope to the EO for safekeeping; and
d) Place the other half in another Envelope for Rejected Ballots, Half Torn
Unused Official Ballots and other Half of Torn Unused Official Ballot (CEF No.
A15), and then deposit the same inside the ballot box. Such fact shall be entered
in the Minutes
DISPOSITION OF ELECTION RETURNS
(Section 84 OF COMELEC RESOLUTION NO.10727)

u The ERs shall be signed the EBs. The first 8 copies shall be placed and sealed in their respective envelopes.
u The ERs shall be distributed to the following:

1. City/Municipal Board of Canvassers;

2. COMELEC;
3. Provincial Board of Canvassers;
4. Accredited Citizen’s arm;
5. Dominant majority party as may be determined by the COMELEC;
6. Dominant minority party as may be determined by the COMELEC;
7. For posting at a conspicuous place in the polling place;
8. Ballot box;
9. 10 accredited major national political party;
10. 2 accredited major local political party;
11. 4 National Print or broadcast media entities;
12. 3 major Citizen’s arm and non partisan group
CANVASSING
u COMELEC Resolution No. 10731 dated
November 17, 2021 otherwise known as the
”General Instructions for the Board of
Canvassers (BOC) on the Constitution,
Composition and Appointment;
Consolidation/Canvass and Transmission of
Votes/Canvass in Connection with the 09 May
2022 National and Local Elections.”
COMPOSTION OF THE BOARD OF CANVASSERS
Section 2 of COMELEC RES. No. 10731

u MBOC- The MUNICIPAL BOARD OF CANVASSERS (MBOC) shall be composed of

the Municipal Election Officer (Municipal EO) or a representative of the
COMELEC, as CHAIRPERSON; the Municipal Treasurer, as VICE-CHAIRPERSON;
and District School Supervisor, or in the absence of the latter, the most senior
in rank Principal of the school district, as duly designated as such by the
District Supervisor as Member-Secretary

u PBOC- The PROVINCIAL BOARD OF CANVASSERS (PBOC) shall be composed of

the Provincial Election Supervisor (PES) or a lawyer of the COMELEC, as
CHAIRPERSON; the Provincial Prosecutor as VICE-CHAIRPERSON; and the
SCHOOLS DIVISION SUPERINTENDENT, as MEMBER-SECRETARY.
SUBSTITUTION OF MEMBERS OF THE BOC
Section 5 of COMELEC RES. No. 10731

u In case of non-availability, absence, disqualification due to relationship, or in

capacity for any cause of the Chairperson and members of the BOC, the
following shall appoint the substitute:

u The PROVINCIAL ELECTION SUPERVISOR (PES), for MBOC in the Province;

u The REGIONAL ELECTION DIRECTOR (RED), for PBOC in the Region.
ORDER OF PREFERENCE IN SUBSTITUTION
OF MEMBERS OF THE BOC
Section 5 of COMELEC RES. No. 10731

u For PBOC:

u CHAIRPERSON
u Lawyer of the COMELEC with permanent appointment

u OTHER MEMBERS
u The Provincial Auditor
u The Register of Deeds
u The Clerk of Court nominated by the Executive Judge of the RTC

u In the case of CBOC, the officials in the city corresponding to those enumerated above.
ORDER OF PREFERENCE IN SUBSTITUTION
OF MEMBERS OF THE BOC
Section 5 of COMELEC RES. No. 10731

u MBOC

u CHAIRPERSON
u representative of the COMELEC with permanent appointment

u VICE CHAIRPERSON
u The Municipal Administrator
u The Register of Deeds
u The Clerk of Court nominated by the Executive Judge of the RTC
u Any other available appointive municipal officials
MANNER OF APPOINTMENT OF THE
SUBSTITUTE
u All appointments for substitution must be in writing, stating therein the
reason/s for the substitution.
PERSONS AUTHORIZED TO BE WITHIN
THE CANVASSING AREA
u BOC
u Consolidation and Canvassing System Operators (CCSO)
u Reception and Custody Group (RCG)
u BOC support staff
Consolidation and Canvassing System
(CCS) Operators
u An IT capable person authorized to operate the Consolidation and Canvassing
System (CCS). The CCSO shall be designated from among the deputized
agencies and instrumentalities of the National Government holding
permanent appointment.
u Designated by the PES
u Must not be related within the 4th civil degree of affinity/consanguinity to the
member of the BOC or to the Reception and Custody Group (RCG) or to any
candidate whose votes shall be canvassed by the BOC where the CCSO is
assigned.
RECEPTION AND CUSTODY GROUP (RCG)

u Each BOC shall constitute an RCG for the reception and safekeeping of the
VCM main SD Cards, or CDs of CCG for every BOC.
u The RCG shall be composed of 3 members who are government appointive
officials holding permanent appointments. They shall be designated by the
concerned Chairperson of the BOC.
u The RCG members shall not be related within the 4th civil degree of
affinity/consanguinity to each other, to the member of the BOC or to the
CCSO or to any candidate whose votes shall be canvassed by the BOC.
u IN NO CASE SHALL LGU EMPLOYEES shall be appointed or designated as
RCG.
BOC Support Staff

u The BOC Chairperson shall appoint support staff to assist the BOC in the
performance of its duties.
u Plantilla casuals, contracts of service, job orders or permanent employees
may be appointed or designated as BOC support staff, EXCEPT employees of
the local government units regardless of the nature of appointment.
u The BOC Support staff shall not be related within the 4th civil degree of
affinity/consanguinity to each other, to the member of the BOC, CCSO, RCG
or to any candidate whose votes shall be canvassed by the BOC.
NO. of BOC Support Staff

FOR PBOC No. CBOC/MBOC No. of PBOC Support Staff

1 to 10 3
11 to 20 4
21 or more 5

FOR CBOC/MBOC No. CLUSTERED PRECINCT No. of C/MBOC Support Staff

1 to 500 3
501 to 600 4
601 or more 5
DISQUALIFICATION OF MEMBERS OF THE BOC
Section 13 of COMELEC RES. No. 10731

u The Chairperson or any members of the BOC shall not

be related within 4th civil degree of
affinity/consanguinity to each other or to the
Consolidation and Canvassing System Operators
(CCSO), to the Reception and Custody Group (RCG),
BOC support staff or to any candidate whose votes
shall be canvassed by the BOC.
ABSENCE OF A REGULAR MEMBER OF A BOC
Section 12 of COMELEC RES. No. 10731

u In case of absence a regular member of the BOC is absent, the members

present shall first verify whether notice has been served on the absent
member.
u In case no notice was sent to him, one shall be immediately served to him.
u If he cannot be located or whereabouts are unknown, the absent member
shall be SUBSTITUTED in accordance with Section 5. This fact shall be
recorded in the Minutes of BOC.
FEIGNED ILLNESS
Section 16 &17 of COMELEC RES. No. 10731

u Any member of the BOC feigning illness in order to be substituted on election

day until the proclamation of the winning candidates shall be guilty of an
election offense.
u In case of sickness or injury of the regular members of the BOC, a medical
certificate duly issued by any government hospital shall be required attesting
to the incapacity of the Member. A substitute shall be appointed in
accordance with Sec. 5. This fact shall be recorded in the Minutes of BOC.
QUORUM
Section 18 of COMELEC RES. No. 10731

u A majority of all members of the BOC shall constitute a

quorum for the transaction of its business and to render a
decision.
PLACE OF CANVASSING
Section 21 of COMELEC RES. No. 10731

u The date, time and place of the canvassing, which

shall be held, unless otherwise ordered by the
COMELEC, in the SESSSION HALL OF THE
SANGGUNIANG BAYAN/ PANGLUNGSOD/
PANLALAWIGAN, as the case ma be.
TRANSFER OF CANVASSING VENUE
Section 22 of COMELEC RES. No. 10731

u GROUND: Not suitable based on the IATF-MEID Guidelines on COVID-19 health and
safety protocols.

u PROCEDURE: 1. The concern EO or PES may file a request to for transfer of venue
not later than November 30, 2021 before the Office of the Deputy Executive
Director for Operations (ODEDO); 2. Posting for possible opposition; 3. Review by
the Executive Director and submit recommendation to COMELEC En Banc; and 4.
Approval by the COMELEC En Banc.
TRANSFER OF CANVASSING VENUE
Section 22 of COMELEC RES. No. 10731

The Venue where the canvassing must be transferred shall be:

1. Located in a public building or if none is available, in a private building, or provided
that either must not be owned, leased or occupied by any incumbent official or any
person who is related to any incumbent official with the 4th civil degree of
consanguinity/affinity or any officer of government or leader of any political party,
group or faction nor in any building or surrounding premises under the actual control
of a private entity, political party or religious organization.
2. Venue must be sufficient to admit the size of reasonable number of persons;
3. Shall be within the territory or jurisdiction of the receiving office as centrally as
possible, and whenever possible, such location shall be along a public road;
4. The canvassing venue shall NOT be located within the perimeter of or inside a
MILITARY OR POLICE CAMP or WITHIN A PRISON COMPOUND.
CONVENING OF THE BOC
Section 23 of COMELEC RES. No. 10731

u The BOC shall convene at one (1) o’clock in the afternoon of MAY 9, 2022 at
the designated Canvassing Area to initialize the CCS and thereafter to canvass
the electronically – transmitted Election Returns (ERs) or Certificate of
Canvass (COCs).
POWERS AND FUNCTIONS OF THE BOC
Section 24 of COMELEC RES. No. 10731

u To keep order within the canvassing area;

u Enforce obedience to its lawful orders. If any person refuses to obey any
lawful order of the BOC or acts in such a disorderly manner as to disturb or
interrupt its proceedings, the BOC may order in writing a 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 BOC in writing may execute such order.
u Canvass/consolidate the electronically transmitted ERs;
u Generate and print the COC, COCP and SOV;
u Digitally sign the reports;
u Electronically transmit the results;
u Proclaim the winning candidates; and
u Perform such other functions as may be directed by the COMELEC.
RIGHT TO BE PRESENT AND TO COUNSEL
DURING THE CANVASS
Section 26 of COMELEC RES. No. 10731

u Each registered political party, or coalition of political parties fielding

candidates, accredited political parties, party-list groups and every candidate
has the right to be present and to counsel during the consolidation/canvass of
the ERs or COCs; Provided, that the counsel appearing must be duly appointed
by the registered political party, or coalition of political parties fielding
candidates, accredited political parties, party-list groups and every
candidate; Provided further that only one (1) counsel may argue for each
party or candidate.

u The counsel/s shall have the right to observe the transmission, consolidation
and canvass of the ERs or COC without touching the CCS, make observations
thereon, and file their challenges in accordance with the rules.
WATCHERS DURING CANVASSING
Section 27 of COMELEC RES. No. 10731

u Each registered political party, or coalition of political parties fielding

candidates, accredited political parties, party-list groups and every candidate
shall be entitled to one (1) watcher in every canvassing center; Provided that
candidates for the Sangguniang Bayan, Sangguniang Panlungsod, or
Sangguniang Panlalawigan belonging to the same slate or ticket shall
collectively be entitled to only one watcher.
QUALIFICATION OF WATCHER DURING
CANVASSING
u Is a registered voter of the city or municipality where such person is assigned;
u Is of good moral character;
u Has not been convicted by final judgment of any election offense or of any
other crime;
u Knows how to read and write Filipino, English or the prevailing local dialect;
and
u Is not related within the fourth civil degree of consanguinity or affinity to the
member of the BOC, CCSO, RCG and support staff.

Under no circumstance shall barangay official and including barangay tanods be

appointed as watchers.
RIGHTS OF WATCHER DURING CANVASSING
Section 27 of COMELEC RES. No. 10731

u Upon entering the canvassing venue, the watcher shall present to the BOC
Chairperson his appointment and proof of registrations.
u Be present at, and take note of, all the proceedings of the BOC;
u Stay at the designated watchers’ area; and
u File a protest in writing, against any irregularity noted in the consolidation/
canvass of the ERs/COCs and obtain from the BOC a resolution thereon in
writing.

Watchers shall not be allowed to participate in the deliberation and proceedings

of the BOC.
SUBMISSION OF LIST OF LAWYERS AND WATCHERS
Section 28 of COMELEC RES. No. 10731

u The Chairperson of the BOC shall require candidate,

political parties and party-list groups to submit the names
of their lawyers and watchers who may be present at the
canvassing venue not later than MAY 4, 2022 in person or
through the official email of the Chairperson of the BOC.
Persons NOT ALLOWED to enter the polling place
(Section 29 OF COMELEC RESOLUTION NO.10731)
u it is shall be UNLAWFUL for the following persons to ENTER the canvassing venue, or to
stay within a radius of FIFTY (50) METERS from the canvassing venue.

u 1. Any officer or member of the AFP or PNP;

u 2. Any peace officer or any armed or unarmed person belonging to any extra-legal
police agency, special forces, reaction forces, strike forces, CAFGU, or its
equivalent;
u 3. Any BARANGAY TANODS, or any member of barangay self-defense units;
u 4. 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
u 5. Any member of a privately-owned or operated security, investigative, protective,
or intelligence performing identical or similar functions.
EXCEPTION

u However, the BOC may, whenever necessary, by a majority

vote, direct in writing for the detail of policemen or
peace officer for their protection or for the protection of
the machines, election documents and paraphernalia or
for the maintenance of peace and order, in which case
said policemen or peace officer, who shall be in proper
uniform, shall stay outside the room but near enough to
be easily called by the BOC at any time.
NO PRE-PROCLAMATION CONTROVERSY
Section 30 of COMELEC RES. No. 10731

As defined by Section 241 of the Omnibus Election Code:

u "A pre-proclamation controversy refers to any question
pertaining to or affecting the proceedings of the board of
canvassers which may be raised by any candidate or any
registered political party or coalition of political parties
before the board or directly with the Commission, or any
matter raised under Sections 233, 234, 235 and 236 in
relation to the preparation, transmission, receipt, custody
and appreciation of the election returns."
ISSUES THAT MAY BE RAISED DURING CANVASSING
Section 30 of COMELEC RES. No. 10731

• Disqualified members due

ILLEGAL to relationship, etc..
COMPOSITION

• Not following the rules stated

ILLEGAL under COMELEC Res. No. 10732
PROCEEDING
WHERE TO FILE?
Section 30 of COMELEC RES. No. 10731

u Issues affecting the composition of proceedings of the BOC may be

initiated by filing a verified petition before the BOC or directly with
Commission.
u If the petition is filed directly with the BOC, its decision may be
appealed to the Commission within three (3) days from receipt.
However, if commenced directly with the Commission, the verified
petition shall be filed immediately when the BOC begins to act
illegally, or at the time of the appointment of the member of the BOC
whose capacity to sit is objected to.
IMPORTING OF PRECINCT RESULTS FROM VCM
IN CASE OF NON-TRANSMISSION
Section 32 of COMELEC RES. No. 10731

u The MBOC shall receive from the RCG the envelope/s containing the VCM
main SD Card/s with results not transmitted. The MBOC shall open the said
envelope, retrieve the VCM Main SD Cards ang give the same to the CCSO who
shall upload the results.
u In case the VCM Main SD card is not available or is found to be defective, the
BOC shall retrieve from the VCM the back up SD Card and give the same to
the CCSO who shall perform the same procedures enumerated above.
u These procedures shall apply only after exhaustion of all the remedies for
electronic transmission as provided in the contingency procedures to be
promulgated by the Commission.
LOWERING OF THRESHOLD TO PROCLAIM A CANDIDATE
Section 33, IV, B (3) of COMELEC RES. No. 10731

u Even if not all of the expected results have been received but said results will
no longer affect the result of the election in a particular position, the BOC
shall perform the following procedures:
Upon motion by a party-in-interest to lower the threshold, and with the concurrence
of the majority of the BOC, the latter may seek the approval of the COMELEC through
the PMO Director. In no case, shall the result be lowered than ninety percent of all
results.
PROCLAMATION OF THE WINNING CANDIDATES
Section 33,(K) of COMELEC RES. No. 10731

uA candidate who obtained the highest

number of votes shall be proclaimed by the
BOC, except the following:
Exception:
u 1. In case the candidate who obtains the highest number
of votes has been disqualified under Rule 25 of of
COMELEC Reso. No. 9523 by final and executory decision
or resolution after the elections and he/she obtains the
highest number of votes cast for a particular position, the
BOC shall not proclaim the candidate and the rule on
succession, if allowed by law, shall be observed. In case
the position does not allow the rule on succession under
RA No. 7160, the position shall be deemed vacant.
Exception:

u In case the certificate of candidacy of the candidate who

obtained the highest number of votes has been cancelled
or denied due course under Rule 23 of COMELEC
Resolution No, 9523, for being void ab initio, by final and
executory Decision or Resolution, the votes cast for such
candidate shall be considered stray, hence, the BOC shall
proceed to proclaim the candidate who obtained the
second highest number of votes. Provided the latter’s
certificate of candidacy has not likewise been cancelled
by a final and executory Decision/Resolution before the
elections; and
Exception:
u In case a candidate has been declared a NUISANCE CANDIDATE by final and
executory Decision/Resolution, the votes cast for him shall be added to the
candidate who shares the same surname as the nuisance candidate and thereafter,
the candidate who garnered the highest number of votes shall be proclaimed.
However, this rule shall not apply in a multi-slot office.
u In case of two or more candidates having the same surnames, and thereafter all
candidates, except one, have been declared by final and executory Decision or
Resolution as nuisance candidates, the votes cast for them shall not be considered
as stray votes and shall be credited to the lone remaining candidate of the same
surname.
u In case of two or more candidates having the same surnames as the nuisance
candidate, the votes cast for them shall be considered considered stray votes and
shall not be credited to any candidate.
u In case the nuisance candidate does not have the same surname as any candidate
for the same position, the votes cast for the nuisance candidate shall be
considered as stray votes.
u In all instances where a Decision/Resolution is presented
to the BOC, the BOC shall look and verify the authenticity
of the CERTIFICATE OF FINALITY issued by the Clerk of the
Commission.

u Where a Petition to Deny to Due Course or Cancel a

Certificate of Candidacy or for Disqualification, Declare a
Nuisance or for Disqualification remains PENDING with the
COMELEC on the day of the canvassing and NO
SUSPENSION OF PROCLAMATION is issued by the COMELEC
where such petition is pending, the BOC shall proceed to
proclaim the winner.
DOCUMENTS THAT NEED TO BE OBTAINED
FROM THE MBOC
u CERTIFICATE OF CANVASS
u STATEMENT OF VOTES (SOV)
u CERTIFICATE OF CANVASS AND PROCLAMATION (COCP)
ELECTION OFFENSE; ELECTORAL SABOTAGE
Section 38 of COMELEC RES. No. 10731

u In addition to the prohibited acts and election offense mentioned herein and
those enumerated in Sections 261 and 262 of BP Blg. 881, as amended, the
following shall be guilty of an election offense:

u 1. Any person who removes the COC posted on the wall, whether within or after
the prescribed 48 hours of posting or defaces the same in any manner;
u 2. Any person who simulates an actual COC or SOV, or in a print or digital copy
thereof;
u 3. Any person who simulates the certification of COV or SOV;
u 4. The Chairperson or any member of the BOC who, during the prescribed period of
posting, removes the COC from the wall..
u 5. The Chairperson or any member of the BOC who, signs or authenticate a print
which bears an image different from the COC or SOV outside the canvassing;
ELECTION OFFENSE; ELECTORAL SABOTAGE
Section 38 of COMELEC RES. No. 10731

u 6. The Chairperson or any member of the BOC who, signs or authenticate a

print which bears an image different from the COC or SOV produced after
canvassing and posted on the wall;

u 7. Any person or Member of the EB or BOC who tampers, increases or

decreases the votes received by a candidate in any election or any Member
of the BOC who refuses, after proper verification and hearing, to credit the
correct votes or deduct such tampered votes: PROVIDED, however, that when
the tampering, increases or decrease of votes or the refusal to credit the
correct votes and /or to deduct tampered votes are perpetrated on a large
scale or in substantial numbers, the same shall be considered, not as an
ordinary election offense under Section 261 and/or 262 of the Omnibus
Election Code, but a special election offense to be known as electoral
sabotage, and the penalty to be imposed shall be life imprisonment.