Professional Documents
Culture Documents
Proposed Rules of Congress For The Canvassing of The Presidential and - Vice-Presidential Candidates in The 2022 Elections - Final
Proposed Rules of Congress For The Canvassing of The Presidential and - Vice-Presidential Candidates in The 2022 Elections - Final
Proposed Rules of Congress For The Canvassing of The Presidential and - Vice-Presidential Candidates in The 2022 Elections - Final
For purposes of drafting the 2022 Rules of Canvassing, we respectfully recommend the
adoption of the 2016 Rules of the Joint Public Session of Congress for the Canvassing of the
Votes for the Presidential and Vice-Presidential Candidates (“2016 Rules”) with the exception of
a few proposed amendments which will be elucidated hereunder. In general, we find that the
provisions of the 2016 Rules will serve the purposes of an orderly and systematic canvassing of
votes.
RULE I Comments/Suggestions/
Additional inputs
JOINT PUBLIC SESSION
RULE II
PRESIDING OFFICERS
SEC. 2. The Senate. - The President of Option 1: The Senate President, as one of
the Senate shall open and preside the presiding officers of the
over the JointPublic Session on the SEC. 2. The Senate. - The President joint public session, does not
part of the Senate. of the SenatePRESIDING OFFICER OF merely perform ceremonial
THE SENATEshall open and preside functions.
over the JointPublic Session on the
part of the Senate. Under Sec. 10 of the 2016
Rules, the Senate President,
Option 2: together with the Speaker of
the House, breaks the deadlock
SEC. 2. The Senate. - The President on voting.
of the Senateshall open and preside
over the JointPublic Session on the Further, under Sec. 9 of the
part of the Senate. same Rules it is provided that
“A Member of Congress who is
IN THE EVENT THAT THE SENATE a candidate for President or
PRESIDENT IS A CANDIDATE FOR Vice President shall not be
PRESIDENT OR VICE PRESIDENT, eligible for appointment to the
HE/SHE SHALL NOT BE ELIGIBLE TO Joint Committee.”
PRESIDE OVER THE JOINT PUBLIC
SESSION AND THE MEMBERS OF Thus, inasmuch as the integrity
THE SENATE SHALL ELECT AMONG of the entire canvassing
THEMSELVESA PRESIDING OFFICER. process hinges on the
objectivity and impartiality of
the canvassing officers and in
view of the known candidacy of
Senate President Vicente Sotto
III in the current elections, we
propose the adoption of either
one of these two (2) options.
Option 2:
RULE III
QUORUM
RULE IV
ORDER OF BUSINESS
(b) Invocation;
(3) Communications;
RULE V
OPENING OF CERTIFICATES OF
CANVASS
Furthermore, we suggest
adding the phrase “shall open”
before the word “manually” to
indicate the distinction
between the manner of the
opening of the electronically
transmitted and that of
manually counted and
physically delivered COCs.
SEC. 8. Referral and Transfer to the We propose to adopt this
Joint Committee. - After the provision.
functions in the preceding section are
accomplished, the CoCs and
supporting documents, if any, shall
be referred and transferred to the
Joint Committee.
RULE VI
JOINT COMMITTEE
SEC. 9. Creation and Membership. – SEC. 9. Creation and Membership. – We emphasize that the
A Joint Committee is hereby created, A Joint Committee is hereby created, amendments being introduced
composed ofseven (7) Members to composed of seven (7) Members to in this Section are consistent
be appointed by the President of the be appointed by the PRESIDING with the circumstance being
Senate and seven (7) Members to be OFFICER [President] of the Senate, contemplated in Sections 2 and
appointed by the Speaker of the and seven (7) Members to be 3 of the 2016 Rules.
House of Representatives. The appointed by the PRESIDING
President of theSenate and the OFFICER [Speaker] of the House of
Speaker of the House of Representatives. The PRESIDING
Representatives shall designate the OFFICER [President] of the Senate,
Chairperson of each panel. and the PRESIDING OFFICER
[Speaker] of the House of
The President of the Senate and the Representatives, shall designate the
Speaker of the House of Chairperson of each panel.
Representatives shall also appoint
not more than four (4) alternate The PRESIDING OFFICER [President]
Members in case of the absence or of the Senate and the PRESIDING
unavailability of the Members of the OFFICER [Speaker] of the House of
Joint Committee. Representatives shall also appoint
not more than four (4) alternate
A Member of Congress who is a Members in case of the absence or
candidate for President or Vice unavailability of the Members of the
President shall not beeligible for Joint Committee.
appointment to the Joint Committee.
A Member of Congress who is a
candidate for President or Vice
President shall not beeligible for
appointment to the Joint
Committee.
SEC. 10. Voting. - The Joint SEC. 10. Voting. - The Joint
Committee shall decide all questions Committee shall decide all questions We emphasize that the
and issues raisedinvolving the CoCs and issues raised involving the CoCs amendments being introduced
by a majority vote of its Members, by a majority vote of its Members, in this Section are consistent
each panel voting separately. each panel voting separately. with the circumstance being
contemplated in Sections 2 and
In case the two panels disagree, the In case the two panels disagree, the 3 of the 2016 Rules.
decision of the Chairpersons shall decision of the Chairpersons shall
prevail. In case of a deadlock, the prevail. In case of a deadlock, the
matter shall be resolved by the matter shall be resolved by the
President of the Senate and the PRESIDING OFFICER [President] of
Speaker of the House of the Senate and the PRESIDING
Representatives. OFFICER [Speaker] of the House of
Representatives.
SEC. 11. Contempt Power. - The Joint SEC. 11. Contempt Power. - The For purposes of improved
Committee shall have the power to Joint Committee shall have the formatting, we recommend the
punish for contempt any person who power to punish for contempt any amendments as shown in the
commits disorderly behavior during person who commits disorderly proposed rules.
its meetings. behavior during its meetings.
In the same manner, they shall also In the same manner, IT [they] shall
punish for contempt any member of also punish for contempt any
the Board of Canvassers (BOC) or any member of the Board of Canvassers
person who refuses without (BOC) or any person who refuses
reasonable cause to obey any order without reasonable cause to obey
issued by them, or any party who any order issued by IT [them], or any
introduces any manufactured, party who introduces any
spurious, altered ortampered CoC.
manufactured, spurious, altered or
tampered CoC.
RULE VII
CANVASS OF VOTES
A. Electronically Transmitted
Certificates of Canvass from the
Provincial Boards of Canvassers, City
Boards of Canvassers and District
Boards of Canvassers
B. Electronically Transmitted
Certificates of Canvass from the
Special Boards of Canvassers for
Overseas Absentee Voting
SEC. 16. Statements and SEC. 16. Statements and We propose to allow also the
Observations on the Condition of Observations on the Condition of candidates, either directly or
the Certificates of Canvass. - the Certificates of Canvass. - through their counsel, to make
Statements and observations by the Statements and observations by the statements and observations
members of the Joint Committee on members of the Joint Committee, on the condition of the
thecondition of the electronically AND THE CANDIDATES, electronically submitted COCs
transmitted CoCs, the manually PERSONALLY OR BY COUNSEL, on and the manually counted and
physically delivered CoCs,
counted and physically delivered thecondition of the electronically
which observations shall be
CoCs, the envelope/s, individual transmitted CoCs, the manually
entered in the journal of the
seal/s and serial number/s of the counted and physically delivered proceedings.
CoCs shall be entered in the Journal CoCs, the envelope/s, individual
of the proceedings. seal/s and serial number/s of the We submit that the said
CoCs shall be entered in the Journal inclusion will magnify fairness
of the proceedings. and intensify participation for
the purpose of achieving an
orderly and transparent
canvassing.
SEC. 17. Delayed, Lost, Destroyed or We propose the adoption of
Unavailable Certificates of Canvass. - this provision.
If any ballot box purportedly
containing a copy of a CoC has not
been delivered to Congress at the
time of the opening of the CoCs in
the Joint Public Session by the
President of the Senate and Speaker
of the House of Representatives, the
subject CoC shall be considered
delayed.
RULE VIII
ATTORNEYS AND WATCHERS
RULE IX
RULE XI
PROCLAMATION
RULE XII
RULE XIII
GENERAL PROVISIONS
RULE XIV
SUPPLETORY RULES
RULE XV
EFFECTIVITY