REPUBLIC ACT NO. 5496  - AN ACT PROVIDING FOR THE PROCEDURE IN THE CANVASS OF VOTES CAST FOR PRESIDENT AND VICE-PRESIDENT, AMENDING FOR THIS PURPOSE REPUBLIC ACT NUMBERED ONE HUNDRED AND EIGHTY, AS AMENDED, OTHERWISE KNOWN AS THE REVISED ELECTION CODE

Section 1.    Section s one hundred sixty, as amended, and one hundred sixty-six of Republic Act Numbered One hundred eighty, as amended, otherwise known as the Revised Election Code, are amended to read as follows:

"Sec. 160.    Canvass by the provincial board. — The provincial board of canvassers shall meet as soon as possible within the fifteen days next following the day of the election, and the provincial treasurer shall then produce before it the statements of the election returns in the different precincts which may have been delivered to him.

"As soon as all the statements are before it but not later than fifteen days next following the date of the election, the provincial board of canvassers shall proceed to make a canvass of all the votes cast in the province for national, provincial and city candidates, and upon the completion of the canvass, shall make, as the case may be, separate statements of all the votes received by each candidate for the offices of President and Vice-President, Senator, and Member of the House of Representatives for each legislative district and by each candidate for provincial or city office. Upon the completion of the statement, the board shall proclaim in accordance therewith, who has been elected to the House of Representatives from each legislative district and who has been elected to each provincial and city office and shall post true copies of said proclamation in a conspicuous place for not less than one week. With regard to the election of President and Vice-President, the board shall certify and transmit the returns as provided in the Constitution. The board shall prepare the certificate of election returns, supported by a statement of votes by precinct, for the election of President and Vice-President, in quintuplicate by the use of carbon papers or such other means as the Commission on Elections shall prescribe to the end that all five copies be produced in one handwriting. Each and every sheet of each and every copy shall bear the official seal of the province or city. Upon the completion of these certificates and statements, they shall be enclosed in envelopes furnished by the Commission on Elections and sealed, and immediately distributed as follows: the original copy, together with two complete sets of the carbon papers used shall be enclosed and sealed in the envelope directed to the President of the Senate: and the second copy, together with the remaining two sets of carbon papers shall likewise be enclosed and sealed in the envelope directed to the Commission on Elections; and shall be delivered personally to the respective office of the addresses by the provincial or city treasurer or his authorized representative. The third and fourth copies shall be directed to each of the two major political parties mentioned in Section seventy-six of this Code, and shall likewise be delivered personally to the representative that each of said parties shall station for that purpose in the office of the Commission on Elections. The fifth copy shall be kept on file in the office of the provincial or city treasurer. Any candidate for President or Vice-President shall be entitled, personally or by a duly authorized representative, to examine, inspect, photograph, copy or obtain a certified true copy of the copy of the certificates of election returns and supporting statements of votes by precinct and of the carbon papers used in their preparation that are filed with the Commission on Elections and with the provincial or city treasurer, under such rules and regulations as the Commission on Elections shall promulgate in order to safeguard the integrity of these documents. With regard to the election of senators, the board shall merely state and certify the number of votes polled by the candidates therefor and shall forthwith send by registered mail the corresponding statements to the Commission on Elections. The candidates may appoint watchers to be present at, and take note of, all the proceedings of the provincial board of canvassers and of the committee and sub-committees which the board may appoint.  

"Sec. 166.    Canvass of votes for Senators. — Thirty days after the election has been held, the Commission on Elections shall meet in session and shall publicly count the votes cast for senators. The registered candidates in the number of senators requires to be elected who obtained the highest number of votes shall be declared elected. A copy of such statement shall be furnished to the Secretary of the Senate and to each elected candidate.

"In case it shall appear for the canvass of all votes for senators that two or more candidates have received the same number of votes for the last place in the number to be elected, the Commission on Elections, after recording this fact in the corresponding statement, shall, upon three days' notice to all the tied candidates so that they may be present if they so desire, hold another public session at which it shall proceed to the drawing of lots of the candidates who have tied in the same manner as in the case of candidates for Member of the House of Representatives and shall proclaim the candidate who may be favored by luck. The candidate so proclaimed shall have the right to assume office in the manner as if he had been elected by plurality vote. The Commission on Elections shall forthwith make a statement of the procedure followed in the drawing of lots, of its results, and of the subsequent proclamation. Certified copies of the statement of the Commission on Elections shall be sent to the Secretary of the Senate and to each one of the tied candidates."

Sec. 2.    Article eleven of the same Code, as amended, is further amended by inserting between Section s one hundred and sixty-six and one hundred and sixty-seven thereof, the following new sections:

"Sec. 166-A.    Canvass of votes for President and Vice-President. — On the second Tuesday of December next following the election, the Congress shall assemble in joint session and canvass the returns of the votes cast for the President and Vice-President as provided in the Constitution.  

"Sec. 166-B.    When returns are incomplete or bear erasures or alterations. — When the certificate of election returns for every election for President and Vice-President, duly certified by the board of canvassers of each province or city, and transmitted to the President of the Senate as provided for in the Constitution, appears to be incomplete, the President of the Senate shall require the board of canvassers concerned to transmit to his office, by personal delivery, the statement from precincts that were not included in the returns transmitted. Said supplemental certificate of election returns shall be prepared and transmitted by the board of canvassers in the same manner as provided for in Section one hundred sixty hereof: Provided, That the supplemental certificate of election returns herein allowed shall reach the Senate President not later than twelve o'clock noon on the third Tuesday of December.

"When it appears that any certificate of election returns or supporting statement of votes by precinct bear erasures or alterations which may cast doubt as to the veracity of the number of votes stated therein and may affect the result of the election, the Congress upon request of the presidential or vice presidential candidates concerned shall, for the sole purpose of verifying the actual number of votes cast for President or Vice-President, or for both offices, count the votes as they appear in the statements of election returns from all the precincts in the province or city in question, and for this purpose, the President of the Senate shall require the provincial or city treasurer concerned to deliver personally to the Congress the copy of such statements of election returns canvassed by the provincial or city board of canvassers; and may also require the Commission on Elections to place its copy of such statements of election returns at the disposal of Congress:

"Sec. 166-C.    Correction of errors in returns already transmitted to the President of the Senate. — No correction of errors allegedly committed in the returns already transmitted to the President of the Senate shall be received and given due course by the Congress.  

"Sec. 166-D.    Proclamation of the President-elect and the Vice-President-elect. — Upon the completion of the counting of the votes, the persons respectively having the highest number of votes for President and Vice-President shall be declared elected; but in case two or more shall have an equal, and the highest, number of votes for either office, one of them shall be chosen President, or Vice-President, as the case may be, by a majority vote of all the Members of the Congress in joint session assembled."

Sec. 3.    This Act shall take effect upon its approval.

Approved: June 21, 1969