6. Power to Act as Board of Canvassers in Presidential Election

Congress as Canvassing Board

The proclamation of presidential and vice presidential winners is a function of Congress and not of the COMELEC (Macalintal v. COMELEC, G.R. No. 157013, July 10, 2003)

Election

• Regular Election: Second Monday of May
• National Board of Canvassers (President and Vice-President): Congress
• Returns shall be transmitted to Congress, directed to the Senate President
• Joint public session: not later than 30 days after election date; returns to be opened in the presence of the Senate and HOR in joint session
• Congress, upon determination of the authenticity and due execution, shall canvass the votes
• Person having the highest number of votes shall be proclaimed elected
• In case of tie, one will be chosen by the vote of majority of all the Members of both Houses of Congress, voting separately

Jurisprudence on Canvassing

Congress may validly delegate the initial determination of the authenticity and due execution of the certificates of canvass to a Joint Congressional Committee, composed of members of both houses [Lopez v. Senate, G.R. No. 163556 (2004)].

Even after Congress has adjourned its regular session, it may continue to perform this constitutional duty of canvassing the presidential and vice-presidential election results without need of any call for a special session by the President. Only when the board of canvassers has completed its functions is it rendered functus officio [Pimentel, Jr. v. Joint Committee of Congress, G.R. No. 163783 (2004)].

Exceptions:

• Manifest errors in the ERs or COCs may be corrected motu proprio or upon written complaint of any interested person.
• A party adversely affected by a ruling of the board of canvassers on its composition or proceedings may appeal to the COMELEC within three days from the ruling. The COMELEC shall summarily decide the appeal within five days from its filing in accordance with Section 19 (RA 7166).