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JUL g 202t1 :
Republic of the Philippines /L\'y-
COMMISSION ON ELECTION$E'
Inkamuros, Manila ,'y'D/o
AMENDMENT TO SECTTON 5, Garcia, G.M., Chairman
RULE 27 OF THE 1993 COMELEC 5.8., Commissioner Infing
RTILES OF PROCEDURE Casqueio, M.S. Commissioner
PERTAINING TO PETITIONS FOR
Ferolino, A.P., Commissioner
CORRECTION OF MANIFEST Bulay, R.8, Commissioner
ERRORS RELATIVE TO THE Maceda, E.P., Commissioner
OCTOBER 30, 2023 BARANGAY Celis, Jr.
N.J., Commissioner
AND SANGGUNIANG
KABATAAN ELECTTONS (BSKE), 4,,
AND ALL SUCCEEDING BSKES
THEREAFTER.
P romulg at e il: February 75, 2024
RESOTUTION NO. 10974
WHEREAS, under section 3, Article IX-C of the 19g7 Constitution,
the Commission on Elections (COMELEC) may sit en banc or in two
divisions, and shall promulgate its rules of procedure in order to
expedite disposition of election cases, including pre_proclamation
controversies. All such election cases sharl be heard and decided in
divisioru provided that motions for reconsideration of decisions shall
be decided by the Commission En Banc.
WHEKEAS, pu_rsuant to Section
Z Rule 3 of the 1993 COMELEC
Rules of Procedure, the Commission shall sit en banc in cases
hereinafter specificaily provided, or in pre-proclamation cases upon
a
vote of a majority of the members of the Commission.
WHEREAS, in Baytanz:. COMELEC,T the Supreme Court clarified
that when the case demands only the exercise by the CoMELEC
of its
administrative functions, such as the correction of a manifest mistake
in the addition of votes or an erroneous tabulation in the statement of
votes, the COMELEC en banc shall exercise jurisdiction.
1 REruto Baytan, e! at. as. Commission on Elections, G.R. No. 15394i 4 Februarv 2003
to{,I -i
Page 2 of 6
WHEREAS, the correction of the manifest mistake in
mathematical addition requires for a mere clerical task of the board of
canvassers; thus, such remedy is purely administrative.2
WHEREAS, proclamations and eventual assumption of office
predicated on clerical and "manifest" errors are not reflective of the
legitimate will of the electorate, and are not valid.
WHEKEAS, annulrnent of proclamation is merely an incidental
effect of a correction of manifest errors which will not affect the
conferment of original jurisdiction with the Commission En Banc.
WHEREAS, under the existing rules and practice, special cases
(SPC), including petitions for corrections of manifest errort are heard
and decided at the fust instance before the Commission Division.
WHEREAS, there is a need to amend Rule 27 of the 1993
COMELEC Rules of Procedure to facilitate the immediate and speedy
resolution of petitions for correction of manifest errors pending before
the Commission.
WHEKEAS, under Comrnission Ez Barc Omnibus Order dated
26 October 2023,3 the Clerk of the Commission is designated as
Hearing Officer for the purpose of conducting hearings and reception
of evidence in special cases filed in connection with the 2023 BSKE.
NOW THEREFORE, by virtue of the powers vested by the
Constitution, the Omnibus Election Code, and other pertinent laws
and resolutions, the COMELEC has RESOLVED, as hereby it
RESOLVES, to amend the following provisions of the 1993 COMELEC
Ru1es of Procedures:
SrcuoN 7. Amendments to Se ction 7
Rule 27. - Section 1 of
Rule 27 of the COMELEC Rules of procedure is amended to read
as follows:
"Section 1. Jurisdiction of the Commission in pre-
Proclamation Controversies. - The Commission has
exclusive jurisdiction in pre-proclamation conkoversies
zRicardo " Boy" Canicosa os. Commission on Elections, Municipal Board of Canoassers
ofCalamba,
Laguna and Seoerino Lajara, G.R. No. 120318, 5 December 1g7
3In re: Designation of Hearing officer for special Cases Filed in Connection with the 2023
Barangay and Sangguniarg Kabataan Elections (BSKE) promulgated on 26 October 2026
.v\N,I - v -
Page 3 of 6
arising from national, regional or local election. A pre-
proclamation controversy fitay be raised by any candidate
or by any registered political party, organization, or
coalition of political parties before the board of canvassers
or directly with the Commission.
Proztiileil,that a petition for correction of manifest errors
filed ba the board of eqna&ssers or electoral boaril alter
an aDDarent nroclamation shall be filed at the first
instance with the Commission enb*nc."
xxx
SscrIoN 2. Amenilments to Section 5 Rule 27. - Section 5 of
Rule 27 of the COMELEC Rules of Procedure is amended to read
as follows:
"Section 5. Pre-proclamation Controversies 1A/hich May Be
Filed Directly With the Commission. -
a) The following pre-proclamation controversies may be
filed directly with the Commission:
1) \44ren the issue involves the illegat composition
or proceedings of the board of canvassers as
when a majority or all of the members do not
hold legal appointments or are in fact usurpers;
or when the canvassing has been a mere
ceremony that was pre-determined and
manipulated to result in nothing but a sham
canvassing as where there was convergence of
circumstances of precipitate canvassing,
terrorism, lack of sufficient notice to the
members of the board of canvassers and
disregard of manifest irregularities on the face
of the questioned returns or certificates of
canvass in appropriate cases;
2) \A/hen the issue involves the correction of
manifest errors in the tabulation or tallying of
the results during the canvassing as where (1)
a copy of the election returns or certificate of
canvass was tabulated more than once, (2) two
or more copies of the election returns of one
precinct, or two or more copies of certificate of
canvass were tabulated separatelp (3) there has
been a mistake in the copying of the figures into
the statement of votes or into the certificate of
Page 4 of 6
canvass, or (4) so-called returns from non-
existent precincts were included in the canvass,
and such errors could not have been
discovered during the canvassing despite the
exercise of due diligence and proclamation of
the winning candidates had already been
made.
b) If the petition involves the illegal composition or
proceedings of the board under subparagraph (1) of
paragraph (a) above, it mustbe filed immediately when
the board begins to act as suclL or at the time of the
appointment of the member whose capacity to sit as
such is objected to if it comes after the canvassing of the
board, or immediately at the point where the
proceedings are or begin to be illegal.
If the petition is for correctiorU it must be fi1ed not later
than five (5) days following the date of proclamation
and most implead a1l candidates who may be adversely
affected thereby.
c) For Petitions for Correction of Manifest Errors filed by
parties other than the board of canvassers or electoral
board, the Office of the Clerk of the Commission shall
immediately docket the petition, raffle the same to
division, and issue Summons, with a copy of the
petition to the respondent/s, directing the
respondent/s to file a verified answer cum
memorandum and the field officer concerned to file
his/her comment together with a certified true copy of
the eiection paraphernalia necessary to verify the
veracity of the allegations, all within a non-extendible
period of not more than three (3) days.
Notwithstanding prior resolutions to the contrary, the
filing and service of an answer cum memorandum
and/or comment or other pleadings in relation to
Petitions for Correction of Manifest Errors be governed
by COMELEC Resolution No. 10673.4 Consequently, all
pleadings shall be filed and served by electronic mail.
a "In Re: Guidelinu on Elecbonic Fiting, Conduct of Hearings/Inaestigationsfinquirics aia video
C.3nf.Tena, a1l Sen:ice," promulgated 25 line 2020; suspmded by aOMELiC Resilutijan .In
No. 1.0961,
the Matter of the Amendmrnt of the Manner and schedrile of FiLing of pleadings putsuant
to coMiLEC
Resolution No. '10673 Entitled: " Guidelines o, E[ectronic - Filing,
conduct of
Hearingsflntestigations/nquiries oia vidu Confuence, and. sertice," promulgated.2Tbecember 2023.
Page 5 of 6
Upon filing of the verified answer cum memorandum
and the submission of the required election
paraphernalia, or after the lapse of the period to file the
same, whichever comes fust the petition shall be
deemed submitted for resolution.
d) For Petitions for Correction of Manifest Errors filed by
the board of canvassers or the electoral board, the
Office of the Clerk of the Commission shall
immediately docket the petition to the En Banc, and
issue Summon, with a copy of the petition to the
affected candidates, directing the latter to file a verified
answer cum memorandum and the field officer
concerned to file his/her comment together with a
certified true copy of the election paraphernalia
necessary to verify the veracity of the allegations a1l
within a non-extendible period of not more than three
(3)days.
Notwithstanding prior resolutions to the contrary, the
filing and service of an answer cum memorandum
and/or comment or other pleadings in relation to
Petitions for Correction of Manifest Errors be governed
by COMELEC Resolution No. 10623. Consequently, all
pleadings shall be filed and served by electronic mai1.
Upon filing of the verffied answer cr,?, memorandum
and the submission of the required election
paraphernalia, or alter the lapse of the period to file the
same, whichever comes fust, the petition shall be
deemed submitted for resolution.
e) IAtrhenthe petition involves the illegal composition or
proceedings of the board under subparagraph (1) of
paragraph (a) above, it must be filed immediately when
the board begins to act as such, or at the time of the
appointment of the member whose capacity to sit as
such is objected to if it comes after the canvassing of the
board, or immediately at the point wheie the
proceedings are or begin to be illegal.
If the petition is for correction, it must be filed not later
than five (5) days following the date of proclamation
and must implead all candidates who may Ue adversely
affected thereby.
Page 6 of 6
f) 14/hen thepetition involves the composition or proceedings
of the board, the board of canvassers shall not colrrnence,
proceed or resume the canvass unless otherwise ordered
by the Commission.
Pefitions filed under Section 5 hereof, shall be immediately
executory upon receipt of the Resolutions/Decisions of the
Commission En Banc by the BOC concerned.,,
Sscrton 3. Publication anil Effectioity. - The Education and
Information Department (EID) is directed to cause the publication of
the instant rures in one (1) newspaper of general circuLtion and the
COMELEC website. These rules shall be immediately effective upon
approval and publication.
SO ORDERED.
GEORGE M. GARCIA
airnmtt
RRO B.INTIN NS.
Corumissioner Com
AIME FE o EY Y
Commissio stoner
ERNESTO FERDINAND P. MACEDAYJR. NE o J. CELrS
Commissioner Commissioner
CERTIFICATION
APPROVED for publication, February 15,2024.
CO UEL B. I LA
Director lV
Office of the Commission Secretary
This Resolution can be verified at this number (02)g52Z29gZ;
email address
conrsec@c ornelec go\ trh.
