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The PCOS machines scan the ballots fed into them, then count the ovals that voters have
shaded to vote for their preferred national and local candidates.
Canvassing, transmission
When polls close on election day, the PCOS machines transmit the vote counts – also
known as election returns or ERs – to the different servers and canvassing centers in the
AES.
The consolidation/canvassing system (CCS) receives and processes these ERs. The
software used by the CCS, called the real-time election information system (REIS), reads
incoming data and canvasses the votes.
Meanwhile, the electronic results transmission service (ERTS) handles the actual
transmission of votes. The main channel is through public telecommunications
networks, with transmission via satellite as back-up.
From the PCOS machines, the ERs are transmitted to the central server, to a
transparency server, and to the municipal board of canvassers (MBOC).
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From the MBOC, the results are transmitted to the provincial board of canvassers
(PBOC), where the results are collated and then transmitted to the national board of
canvassers (NBOC), where the results for national positions are canvassed.
The MBOC and PBOC also separately beam ERs to the central server.
For the 2016 polls, there will be a separate server installed in Congress, where members
of the Senate and the House of Representatives will convene to canvass the votes and
officialy proclaim the winning President and Vice President.
Transmitted election results will also be posted via the Internet, via a website set up by
the Comelec.
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REMEDIES BEFORE ELECTION
Who is a nuisance: one who has no bona fide intention to run as a candidate.
Note: No substitution
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Section 78. Petition to deny due course to or cancel a certificate of candidacy. –
A verified petition seeking to deny due course or to cancel a certificate of candidacy may
be filed by the person exclusively on the ground that any material representation
contained therein as required under Section 74 hereof is false. The petition may be filed
at any time not later than twenty-five days from the time of the filing of the certificate of
candidacy and shall be decided, after due notice and hearing, not later than fifteen days
before the election.
When to file: At any time not later than 25 days from the filing of COC.
Decision: Not later than 15 days before the election. After due notice and hearing.
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Section 243. Issues that may be raised in pre-proclamation controversy. –
The following shall be proper issues that may be raised in a pre-proclamation
controversy:
(a) Illegal composition or proceedings of the board of canvassers;
(b) The canvassed election returns are incomplete, contain material defects, appear
to be tampered with or falsified, or contain discrepancies in the same returns
or in other authentic copies thereof as mentioned in Sections 233, 234, 235 and
236 of this Code;
(c) The election returns were prepared under duress, threats, coercion, or
intimidation, or they are obviously manufactured or not authentic; and
(d) When substitute or fraudulent returns in controverted polling places were
canvassed, the results of which materially affected the standing of the
aggrieved candidate or candidates.
Election Protest:
Issue: who really won in the election?
(Nagkadayaan ba? Nagkabilihan ba ng vote?)
Who can file: only candidate running in same office can file election protest.
Quo warranto
Issue: qualification, legibility or lack of it as a winning candidate.
Who can file: any registered voters can file quo warranto.
JURISPRUDENCE
admission that he was at the time of the filing of the CoC still a holder of a then valid
green card
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involved residency, the Court determined that the candidate lost his residency when he
became a US green card holder despite his mistaken belief that he retained his domicile
in the Philippines.
The candidate-, invoking the legal definition of domicile, claimed that even if he was
physically in the US, he always intended to return the Philippines. The Court, placing
emphasis on his permanent resident status in the US, merely inferred his intent to
deceive when he failed to declare that he was a green card holder.
Coquilla
9 301 J02 434 Phil. 861 (2002).
In Coquilla,299 the Court pointed out that "immigration to the [U.S.] by virtue of a green
card, which entitles one to reside permanently in that country, constitutes abandonment
of domicile in the Philippines. With more reason then does naturalization in a foreign
country result in an abandonment of domicile in the Philippines."
The Court held that a "green card" holder immigrant to the United States is deemed to
have abandoned his domicile and residence in the Philippines.
In Caasi v. Court of Appeals,19 this Court set aside the appealed orders of the COMELEC
and the Court of Appeals and annulled the election of the respondent as Municipal
Mayor of Bolinao, Pangasinan on the ground that respondent’s immigration to the
United States in 1984 constituted an abandonment of his domicile and residence in the
Philippines. Being a green card holder, which was proof that he was a permanent
resident or immigrant of the United States, and in the absence of any waiver of his
status as such before he ran for election on January 18, 1988, respondent was held to be
disqualified under §68 of the Omnibus Election Code of the Philippines (Batas
Pambansa Blg. 881).
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