You are on page 1of 25
Notwithstanding the continuing reservation and objection against « canvass, the authenticity of the canvass documents not having been proved; there being no submission by the COMELBC of the security marks to serve as basis for determination of authenticity; with the COMELEC having also failed to submit the specimen signatures of all the members of the BOC in order to determine the execution; and, despite the lack of proper identification of the canvass documents, the Committee proceeded to canvass the COC for Siquijor. 20. KUWAIT 1 was observed that the due execution and authenticity of the COC from Kuwait could not be determined for there reason that the authenticity of signatures and thumb marks of the vice chairman and the member-secretary could not be established since the COMELEC has only provided the specimen signature of the chairman of the special board of canvassers for the overseas voters in the person of Mrs. Lourdes Dantam. It was also observed that there are no signatures or thumb marks of the pollwatchers on the face of the certificate of canvass and there is no statement from the chairman of the board that would how that these poll watchers were absent or were unavailable at the time of the execution of the certificate of canvass. Therefore, a continuing objection for lack of proper identification and authentication was registered, In support of the observation regarding the authenticity of the COC for Kuwait, it was manifested that the presumption of regularity cannot be applied because this presumption can be applied only when there is no specific provision of the Constitution or specific provision of law to the contrary. And with regard to the due execution and authenticity of the COCs the Constitution precisely provides that Congress, in this particular case the joint committee, preliminarily will determine the authenticity and due execution of the same in a manner by which the authenticity and due execution of the same in a ‘manner provided by law. ‘Thus, section 30 of Republic Act 7166 provides that the determination for the authenticity and due execution for the COC can be had by showing that the COC is signed and thumb marked by the chairman and the other members of the board of canvassers and is subsequently transmitted to the Senate of the Philippines. And in order for the committee to determine whether or not the document was properly transmitted, the transmission must first be proved. In the case of the COC from Kuwait, there is no evidence or document that would show that this particular document had been officially transmitted, In addition and on the basis of the above-mentioned observations, it was put on record the observation of a learned member of the eleventh congress when he said that ‘one will never lmow the genuineness of the COCs without knowing if the parchment over which the signatures, names of candidates and the number of votes obtained is a genuine paper”. Notwithstanding the continuing reservation and objection against a canvass, the authenticity of the canvass documents not having been proved: there being no submission by the COMELEC of the security marks to serve as the basis for determination of authenticity; with the COMBLEC having also failed to submit the specimen signatures of the members of the Board of Canvassers in order to determine due execution; and, despite the lack of proper identification of the canvass documents, and the lack of proof that the COC from Kuwait was properly transmitted, the Committee simply noted the same and proceeded to canvass the COCs for Kuwait 21. LEBANON It was observed that the due execution and authenticity of the COC from Lebanon could not be determined for the reason that the authenticity of the signatures and thumb marks of the vice chairman and the member-secretary, respectively, could not be established since the COMELEC has only provided the specimen signature of the chairman of the special board of canvassers for the overseas voters. It was also observed that there are no signatures or thumb marks of the pollwatchers on the face of the certificate of canvass and there is no statement from the chairman of the board that would show that these poll watchers were absent or were unavailable at the time of the execution of the certificate of canvass. Therefore, a continuing objection for lack of proper identification and authentication was registered, In support of the observation regarding the authenticity of the COC for Lebanon, it was manifested that the presumption of regularity cannot be applied because this presumption can be applied only when there is no specific provision of the Constitution or specific provision of law to the contrary. And with regard to the due execution and authenticity of the COCs the Constitution precisely provides that Congress, in this particular ease the joint committee, preliminarily will determine the authenticity and due execution of the same in a manner by which the authenticity and due execution of the same in a manner provided by law. ‘Thus, section 30 of Republic Act 7166 was cited and which provides that the determination for the authenticity and due execution for the COC can be had by showing that the COC is signed and thumb marked by the chairman and the other members of the board of canvassers and is subsequently transmitted to the Senate of the Philippines. And in order for the committee to GeterHE WHEUIE! OF UL UIC GULuCHE was prOpeiy assay tin transmission must first be proved. In the case of the COC from Lebanon, there is no evidence or document that would show that this particular document had been officially transmitted, In addition and on the basis of the above-mentioned observations, it was put on record the observation of a learned member of the eleventh congress when he said that ‘one will never know the genuineness of the COCs without knowing if the parchment over which the signatures, names of candidates and the number of votes obtained is a genuine paper’ Notwithstanding the continuing reservation and objection against a canvass, the authenticity of the canvass documents not having been proved there being no submission by the COMELEC of the security marks to serve as the basis for determination of authenticity; with the COMELEC having also failed to submit the specimen signatures of the members of the Board of Canvassers in order to determine due execution; and, despite the lack of proper identification of the canvass documents, and the lack of proof that the COC from Lebanon was properly transmitted, the Committee simply noted the same and proceeded to canvass the COCs for Lebanon, 22, BANGLADESH It was observed that the due execution and authenticity of the COC from Bangladesh could not be determined for it lacks the proper authentication with respect to the signatures and thumb marks of the vice chairman and the member-secretary, respectively; there are no watchers’ signatures or thumb marks appearing on the face of the certificate of canvass and there is no statement from the chairman of the board that would show that these poll ————aitiiis Woe aD OF Were Unavailable at the time of the execution of the certificate of canvass. Section 14, therefore, has not been fully complied with Ie was further observed that one will never know the genuineness of the COCs without knowing if the parchment over which the signatures, names and candidates and the number of votes obtained is a genuine paper. The COMBLEC has yet to furnish this committee the security marks by which we could make a firm determination as to whether these documents are authentic or not. Notwithstanding the continuing reservation and objection against a canvass, the authenticity of the canvass documents not having been proved; there being no submission by the COMBLEC of the security marks to serve as the basis for determination of authenticity; with the COMELEC having also failed to submit the specimen signatures of the members of the Board of Canvassers in order to determine due execution; and, despite the lack of proper identification of the canvass documents, the Committee simply noted the same and proceeded to canvass the COCs for Bangladesh. 23. SRI LANKA, It was observed that the due execution and authenticity of the COC from Sti Lanka could not be determined for it lacks the proper authentication with respect to the signatures and thumb marks of the vice chairman and the member-secretary, respectively; there are no watchers" signatures or thumb marks appearing on the face of the certificate of canvass and there is no statement from the chairman of the board that would show that these poll watchers were absent or were unavailable at the time of the execution of the certificate of canvass. Section 14, therefore, has not been fully complied with.

You might also like