VIII.

BOARD OF
CANVASSERS

BY: AZERETH A. BARTON

 A. COMPOSITION (PROVINCIAL, CITY,
MUNICIPAL)
BP 881 (OMNIBUS ELECTION CODE OF THE PHILIPPINES)
Section 221. Board of canvassers. - There shall be a board of canvassers for each
province, city, municipality, and district of Metropolitan Manila
• Provincial board of canvassers
• City board of canvassers
• District board of canvassers of Metropolitan Manila
• Municipal board of canvassers
• Board of canvassers for newly created political subdivisions
 PROVINCIAL CITY METROPOLITAN MANILA MUNICIPAL NEWLY CREATED
POLITICAL
SUBDIVISION

• CHAIRMAN - • CHAIRMAN - the city • CHAIRMAN - a lawyer of • CHAIRMAN - the Commission shall
provincial election election registrar or a the Commission election registrar or a constitute a board of
supervisor or a senior lawyer of the representative of the canvassers and appoint
lawyer in the regional Commission • MEMBERS - a ranking Commission the members thereof for
office of the fiscal in the district and the the first election in a
Commission • MEMBERS - the city most senior district school • MEMBERS - the newly created province,
• VICE CHAIRMAN - fiscal and the city supervisor in the district to municipal treasurer, city or municipality in
the provincial fiscal superintendent of be appointed upon and the district case the officials who
• MEMBERS - the schools, and one consultation with the supervisor or in his shall act as members
provincial representative from each Ministry of Justice and the absence any public thereof have not yet
superintendent of of the ruling party and Ministry of Education, school principal in the assumed their duties
schools, and one the dominant opposition Culture and Sports, municipality and one and functions.
representative from political party entitled to respectively, and one representative from
each of the ruling be represented. representative from each of each of the ruling party
party and the the ruling party and the and the dominant
dominant opposition dominant opposition opposition political
political party in the political party in the party entitled to be
constituency constituency concerned. represented.
concerned entitled to
be represented.
 B. PROHIBITIONS
BP 881 (OMNIBUS ELECTION CODE OF THE PHILIPPINES)
Sections 222 – 224

• Section 222. Relationship with candidates and other members.

shall not be related within the fourth civil degree of

consanguinity or affinity to any of the candidates
whose votes will be canvassed by said board, or to any
member of the same board.
 B. PROHIBITIONS
• Section 223. Prohibition against leaving official station. - During the
period beginning election day until the proclamation of the winning
candidates, no member or substitute member of the different boards
of canvassers shall be transferred, assigned or detailed outside of his
official station, nor shall he leave said station without prior authority
of the Commission.
• Section 224. Feigned illness. - Any member of the board of
canvassers feigning illness in order to be substituted on election day
until the proclamation of the winning candidates shall be guilty of an
election offense.
 C. SUPERVISION & CONTROL
BP 881 (OMNIBUS ELECTION CODE OF THE
PHILIPPINES)

Section 227. Supervision and control over board of canvassers.

- The Commission shall have direct control and supervision
over the board of canvassers.
• Any member of the board of canvassers may, at any time, be
relieved for cause and substituted motu proprio by the
Commission.
 D. CERTIFICATES OF CANVASS
Certificate of Canvass of Votes - a machine-generated
document containing the total votes in figures obtained by
each candidate in a city/municipality/district/ province as
the case may be.

The board of canvassers shall prepare a certificate of canvass:

i. duly signed and affixed
ii. supported by a statement of the votes
iii. on the basis thereof, shall proclaim as elected the candidates who
obtained the highest number of votes cast
iv. Failure to comply with this requirement shall constitute an election
offense.
 D. CERTIFICATES OF CANVASS

Subject to reasonable exceptions, the board of

canvassers must complete their canvass within:
• 36 hrs in municipalities
• 48 hrs in cities
• 72 hrs provinces
Violation hereof shall be an election offense punishable under
Section 264 hereof.
 E. STATEMENT OF VOTES
Statement of Votes (SOVs) - a machine-generated document
containing the votes obtained by candidates in each precinct
in a city/municipality.

Section 23, Resolution No. 6669 - The Boards of Canvassers shall designate two
(2) tabulators to prepare the Statement of Votes
In no case shall a casual employee or an employee of the Office of the Provincial
Governor, City/Municipal Mayor, or their corresponding Sanggunians be
appointed/designated to serve as tabulator.
F. CANVASSING BY PROVINCIAL, CITY, DISTRICT, AND
MUNICIPAL BOARDS OF CANVASSERS
RA 8436, as amended by RA 9369
Section 21. Canvassing by Provincial, City, District and Municipal
Boards of Canvassers - Board of canvassers shall canvass the votes by
consolidating the results contained in the data storage devices used in
the printing of the election returns. Upon completion of the canvass, it
shall print the certificate of canvass and thereafter, proclaim the
elected city or municipal officials, as the case may be.
 G. NATIONAL BOARD OF CANVASSERS FOR
SENATORS AND PARTY-LIST REPRESENTATIVES

RA 8436, as amended by RA 9369

Section 23. National Board of Canvassers for Senators. -

The chairman and members of the Commission on Elections
sitting en banc, shall compose the national board of
canvassers for senators.
 H. CONGRESS AS THE NATIONAL BOARD OF
CANVASSERS FOR PRESIDENT AND VICE-PRESIDENTS

RA 8436, as amended by RA 9369

Section 24. Congress as the National Board of Canvassers
for President and Vice-President. - The Senate and the
House of Representatives in joint public session shall
compose the national board of canvassers for president and
vice-president.
 I. AUTHENTICATION OF ELECTRONICALLY
TRANSMITTED ELECTION RESULTS
• SECTION 30 OF RA 8436
Authentication of Electronically Transmitted Election Results - The manner of
determining the authenticity and due execution of the certificates shall conform
with the provisions of Republic Act No. 7166 …. where applicable, by appropriate
authentication and certification procedures for electronic data, electronic
documents and electronic signatures.
 J. DUTY OF THE BOARD OF CANVASSERS
Section 41, COMELEC RESOLUTION NO. 3848

Duties and functions of the City/Municipal Board of Canvassers

i. Canvass the Election Returns for Senators, Members of the House of
Representatives, Party-List and for elective provincial and city or municipal
officials;

i. Upon completion of the canvass:

a. Prepare in seven (7) copies, the Certificate of Canvass of Votes for
Senators, Members of the House of Representatives, Party List and Elective
Provincial Officials (CEF No. 20);
b. Prepare the Certificate of Canvass and Proclamation of Winning
Candidates for City or Municipal Offices (CEF No. 24 or 25); and
c. Proclaim said winning candidates.
 K. NATURE OF PROCEEDINGS
The proceedings of the board of canvassers shall be open and public.

Republic Act No. 6646

• Sec. 24. Proceedings of the Board. - The board of canvassers shall have full authority to keep
order within the canvassing room or hall and its premises and enforce obedience to its lawful
orders. If any person shall refuse to obey any lawful order of the board or shall so conduct
himself in such disorder manner as to disturb or interrupt its proceedings, the board may order
any peace officer to take such person into custody until the adjournment of the meeting.

Republic Act No. 7166

• Section 19. Consented Composition or Proceedings of the Board: Period to Appeal: Decision by
the Commission. - Parties adversely affected by a ruling of the board of canvassers on questions
affecting the composition or proceedings of the board may appeal the matter to the
Commission within three (3) days from a ruling thereon. The Commission shall summarily
decided the case within five (5) days from the filing thereof.
 L. PROCLAMATION
Upon the completion of the canvass of the votes the
persons obtaining the highest number of votes shall
be declared elected.

Sec. 213 of BP 881. Proclamation of the result of the election in the polling place.
Upon the completion of the election returns, the chairman of the board of election
inspectors shall orally and publicly announce the total number of votes received
in the election in the polling place by each and every one of the candidates,
stating their corresponding office.
..END..