New Comelec rules disallow election complaints at precinct level

Candidates can no longer complain about possible anomalous election documents at the precinct level and instead, wait for the winners to be proclaimed first, according to new rules promulgated by the Commission on Elections (Comelec) over the weekend. Comelec Resolution 8804 says that candidates, political parties, and party-list groups can only question documents that they deem to be suspicious – such as election results, for instance – and challenge the results before the proclamation of winners if there is an "illegal composition of the board of canvassers (BOC)" and "illegal proceedings of the BOC." The Comelec said questions regarding the composition and proceedings of the BOC may be brought up before the BOC itself or to the poll body directly, with a verified petition stating the grounds for the complaint. However, the poll body said the electronic transmission of results and the proclamation of winners would not be suspended despite the filing of any petition. Comelec spokesman James Jimenez told reporters that the resolution was issued to speed up the proclamation of the results. In the past, counting of votes was often delayed due to questions raised by the candidates' supporters in the precincts. The BOC conducts the canvassing of votes, which refers to the consolidation of precinct election results at the municipal, city, congressional district, and provincial levels. It also handles the formal proclamation of the election winners at the various canvassing levels. It is composed of an election officer, city or town treasurer, and school district supervisor at the municipal level. At the provincial level, the city or town treasurer is replaced by the city or provincial prosecutor. Illegal composition of the BOC would mean that at least one of its members does not possess legal qualifications and appointments, including the information technology capable person required to assist the BOC. Illegal proceedings of the BOC may be declared when the canvassing is a "sham" or "mere ceremony" where the results are manipulated and pre-determined due to “precipitate" or unannounced canvassing, terrorism, lack of sufficient notice to the members of the BOC, and improper venue. The poll body said the petition may be filed immediately after the BOC's proceedings are seen as "illegal." Upon receipt of the petition, the BOC is required to deliberate on it within 24 hours and make a prompt resolution. A petitioner may appeal an unfavorable ruling with the Comelec en banc, which is expected to make a decision within five days. If the "illegality" of the BOC proceedings is discovered after the official proclamation of the results, a verified petition to annul the proclamation may be filed within 10 days, according to the resolution. - Kimberly Jane Tan/YA, GMANews.TV