QuestionsQuestions (Republic Act No. 5496)
On the second Tuesday of December next following the election, when Congress assembles in joint session to canvass the returns.
The provincial board of canvassers shall meet as soon as possible within the fifteen (15) days next following the day of the election.
The statements of the election returns in the different precincts which may have been delivered to him.
It must proceed to make a canvass of all votes cast in the province for national, provincial, and city candidates, and upon completion, make separate statements of votes by candidate for specified offices; this must be done as soon as all statements are before it, but not later than fifteen (15) days next following the date of the election.
With regard to the election of President and Vice-President, the board shall certify and transmit the returns as provided in the Constitution.
Five (5) copies, prepared in quintuplicate using carbon papers or such other means as the Commission on Elections shall prescribe, ensuring all five copies are produced in one handwriting.
After completion, the certificates and statements shall be enclosed in envelopes furnished by the COMELEC and sealed; distribution: (1) original plus two complete sets of carbon papers to the envelope directed to the President of the Senate; (2) second copy plus remaining two sets to the envelope directed to the COMELEC; (3) third and fourth copies to the two major political parties mentioned in Sec. 76, delivered personally to the party’s representative stationed in the COMELEC office; (4) fifth copy kept on file in the provincial/city treasurer’s office.
It shall post true copies of the proclamation in a conspicuous place for not less than one week.
They may, personally or through a duly authorized representative, examine, inspect, photograph, copy, or obtain a certified true copy of the certificates of election returns, supporting statements of votes by precinct, and the carbon papers used filed with the COMELEC and with the provincial or city treasurer, subject to COMELEC rules to safeguard integrity.
Candidates may appoint watchers to be present at, and take note of, all proceedings of the provincial board of canvassers and of any committee and subcommittees the board may appoint.
Thirty days after the election, the COMELEC meets in session and publicly counts senator votes; the registered candidates required to be elected who obtain the highest number of votes are declared elected.
COMELEC records the tie in the statement and, with three days notice to the tied candidates, holds another public session to draw lots, then proclaims the candidate favored by luck; the proclaimed candidate assumes office as if elected by plurality vote.
The President of the Senate requires the concerned provincial/ city board of canvassers to transmit, by personal delivery, supplemental precinct statements not included; the supplemental certificate must reach the Senate President not later than 12:00 noon on the third Tuesday of December.
On request of the concerned presidential or vice presidential candidates, Congress may, for the sole purpose of verifying the actual number of votes cast, count the votes as they appear in precinct statements for the province/city; the Senate President may require the provincial/city treasurer to deliver personally the copy of such statements to Congress and may require the COMELEC to place its copy at Congress’s disposal.
No. No correction of errors allegedly committed in the returns already transmitted shall be received and given due course by Congress.
Upon completion of counting, the person with the highest number is declared elected; if two or more have an equal highest number for an office, that office (President or Vice-President) is chosen by a majority vote of all Members of Congress in joint session assembled.