Question & AnswerQ&A (Republic Act No. 5496)
Republic Act No. 5496 provides the procedure for the canvass of votes cast for President and Vice-President, amending the Revised Election Code accordingly.
The provincial board of canvassers must meet as soon as possible within fifteen days following the day of the election.
The provincial treasurer must produce the statements of the election returns from the different precincts that have been delivered to him.
The board must prepare separate statements of votes for each candidate for President, Vice-President, Senator, Member of the House of Representatives, and each provincial or city office. It shall then proclaim those elected to the House of Representatives and to provincial or city offices and post true copies of the proclamation for at least one week.
They are prepared in quintuplicate by carbon paper or other prescribed means, sealed in envelopes, and distributed as follows: the original with two sets of carbon papers to the President of the Senate; the second copy with the remaining two sets to the Commission on Elections; the third and fourth copies to the two major political parties; and the fifth copy kept on file by the provincial or city treasurer.
They or their authorized representatives may examine, inspect, photograph, copy, or obtain certified true copies of the certificates of election returns and supporting statements of votes by precinct under rules set by the Commission on Elections.
The Commission meets thirty days after the election to publicly count votes. Candidates with the highest votes corresponding to the number of seats are declared elected. In case of a tie for the last position, the Commission holds a drawing of lots after a three-day notice to the tied candidates.
Congress assembles in joint session on the second Tuesday of December following the election to canvass the returns for President and Vice-President as provided in the Constitution.
The President of the Senate may require the concerned boards of canvassers to transmit supplemental returns by personal delivery. Congress may also, upon request of candidates, verify actual votes by counting precinct returns in question and may request copies of statements from provincial or city treasurers or the Commission on Elections.
No, corrections of errors allegedly committed in returns already transmitted to the President of the Senate shall not be received or given due course by Congress.
Upon completion of vote counting, the candidates with the highest number of votes for President and Vice-President are declared elected. If there is a tie, the Congress chooses one of the tied candidates by majority vote in a joint session.