Title
Procedure for Canvassing President and VP Votes
Law
Republic Act No. 5496
Decision Date
Jun 21, 1969
Republic Act No. 5496 outlines the process and requirements for the canvassing of votes for President, Vice-President, and Senators in the Philippines, ensuring transparency and accountability through the examination of election returns, appointment of watchers, and joint session of Congress for final canvassing.
A

Canvass of Votes for Senators by the Commission on Elections

  • The COMELEC meets 30 days after the election to publicly count votes for senators.
  • Candidates with the highest votes, matching the number of seats, are declared elected.
  • In the event of a tie for the last seat, a public drawing of lots is held upon three days' notice to tied candidates.
  • The results of the drawing of lots are recorded, and the chosen candidate is proclaimed and entitled to assume office.
  • Certified copies of the proceedings and results are sent to the Secretary of the Senate and tied candidates.

Congressional Canvass of Votes for President and Vice-President

  • On the second Tuesday of December following the election, Congress assembles in joint session to canvass votes for President and Vice-President as required by the Constitution.

Procedures for Incomplete or Suspicious Returns

  • If certificates of election returns for President and Vice-President are incomplete, the Senate President can require the concerned board of canvassers to submit supplemental precinct statements.
  • Supplemental returns must reach the Senate President no later than noon on the third Tuesday of December.
  • If returns show erasures or alterations that cast doubt on vote veracity, Congress may, upon request of concerned candidates, verify votes by counting precinct returns.
  • The Senate President may order delivery of statements from provincial or city treasurers and request COMELEC's cooperation.

No Acceptance of Correction of Errors Post-Transmission

  • Once returns are transmitted to the Senate President, Congress shall not accept or entertain corrections of alleged errors in those returns.

Proclamation of President-elect and Vice-President-elect

  • After the canvass completion, those with the highest votes for President and Vice-President are proclaimed elected.
  • If there is a tie for the highest number of votes, Congress chooses the President or Vice-President by majority vote in joint session.

Effectivity

  • The Act takes effect upon approval on June 21, 1969.

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