Official Congressional canvass – 2004
Under the constitution, the Congress is mandated to become the National Board of Canvassers for the top two positions, the President and the Vice-President. Tallying in the 216,382 precincts nationwide are submitted in Election Returns that are forwarded to the municipal and city board of canvassers. These are then tabulated and forwarded to the provincial board of canvassers which prepare the 176 Certificates of Canvass (CoC). These CoCs were forwarded to the joint session of the Congress at the Batasang Pambansa in Quezon City on May 25, 2004.
Senators and representatives from the administration and opposition have debated heatedly on the procedure of counting the CoCs. The traditional way of counting the certificates, as used in the 1992 and 1998 elections, was to appoint a joint committee consisting of seven senators and seven representatives. Many opposition legislators, notably, Cong. Didagen Dilangalen of Maguindanao, opposed this traditional method as unconstitutional saying that it should be the whole Congress, not a committee, who should count the votes. Part of the argument was that "power delegated cannot be further delegated", referring to the delegation of counting to a committee. The proposal of some legislators was for the whole Congress to sit in a joint session counting each and every single Certificate of Canvass.
The debates and deliberations for the rules of canvassing were finished by the Congressional joint session on May 28. The rules decided were very similar to the ones used in the 1992 and 1998 elections, which called for a joint committee to act as the National Board of Canvassers. The notable difference is the increase of the number of committee members from 14 to 22, this time consisting of 11 senators and 11 representatives. The composition of the committee was also announced by the Senate President, Franklin Drilon, and the Speaker of the House, Jose de Venecia. The composition was immediately lambasted by the Opposition; the House portion of the committee consisted of 9 administration representatives and 2 opposition. The Poe camp called for a more equal representation for all the involved political parties in the committee, despite the appointed commission mirroring the current composition of the House: there are 190 administration representatives in a 220-seat House.
The official canvassing by the Congressional Joint Committee started on June 4, a little less than one month after election day. Canvassing was done in a slow pace, averaging about 12 Certificates of Canvass per day, as the Opposition accused Administration politicians of railroading the canvass. The Opposition lawyers wanted to question the validity of 25 CoCs, especially in those areas where Arroyo posted a wide margin over Poe. They wanted the Committee to examine the Statement of Votes at the municipal level and even down to the Election Returns at the precinct level to prove their claim that the Certificates of Canvass have been tampered with in favor of Arroyo. Administration lawyers contend that the Committee is not the proper place to lodge complaints of fraud and that the Opposition should go to the Presidential Election Tribunal (the Supreme Court) after the winner has been proclaimed.
See also
- Official Congressional canvass - 2004 (This post)
- Election scandal - 2004
- PET Case No. 003, Legarda v. De Castro, January 18, 2008
- COMELEC's move for an automated elections - 2004
- The LDP split - 2004
- Eddie Gil's candidacy - 2004
- Death of Lawyer Maria Jeanette Tecson
- Fernando Poe, Jr.’s candidacy - 2004
- Gloria Macapagal-Arroyo’s candidacy - 2004
- Philippine General Election - 2004
