COMELEC Resolution No. 6637

Republic of the Philippines
COMMISSION ON ELECTIONS
Manila

Resolution No. 6637

RULES AND REGULATIONS ON LOCAL ABSENTEE VOTING IN CONNECTION WITH THE MAY 10, 2004 NATIONAL AND LOCAL ELECTIONS

The Commission on Elections, pursuant to the powers vested in it by the Constitution, the Omnibus Election Code, Republic Act No. 7166, Executive Order No. 157 (EO157) issued on March 30, 1987 and other pertinent election laws, RESOLVED to promulgate as it hereby promulgates, the following rules and regulations on local absentee voting.

Section 1. Local absentee voting , defined. - Local absentee voting, as provided for under EO 157 and Republic Act No. 7166, refers to a system of voting whereby government officials and employees, including member of the Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP), who are duly registered voters, are allowed to vote for the positions of President, Vice-President, Senators and Party-list Representatives in places where they are not registered voters but where they are temporarily assigned to perform election duties on election day.

Section 2. Who are entitled to avail of local absentee voting. - Local absentee voting shall be exercised by: a) government officials and employees; b) members of the AFP; and c) members of the PNP, who are duly registered voters and who, on election day, may temporarily be assigned in connection with the performance of election duties to places where they are not registered voters.

Government officials and employees posted abroad to perform election duties on election day may also vote in absentia: Provided, That they are registered voters under Republic Act No.8189, otherwise known as "The Voter's Registration Cat of 1996", Provided further, That they are not registered overseas absentee voters under Republic Act No. 9189, other wise known as "The Overseas Absentee oting Act of 2003".

Section 3. Positions to be voted for. - Only the positions for President , Vice President , Senators and Party-list Representatives shall be voted for under the local absentee voting.

Section 4. Committee on Local Absentee Voting (CLAV). - A Committee on Local Absentee Voting (CLAV) is hereby created composed of the following:

Commissioner-In-Charge/Chairman of the Committee on Overseas Absentee Voting as Chairman;

Director III of the Electoral Contest Adjudication Department as Vice-Chairman;

Director III of the Election Records and Statistics Department as member; and

Attorney VI, Investigation and Prosecution Division of the Law Department, as a member.

Section 5. Powers and functions of the Committee on Local Absentee Voting (CLAV) - The Committee on Local Absentee Voting (CLAV) shall have the following functions:

Supervise the implementation of the local absentee voting

Receive applications for the local absentee voting

Verify whether the applicants are eligible for the local absentee voting

Act on application for local absentee voting

Transmit to the concerned provincial Election Supervisor (PES) or to the Regional Election Director of National Capital Regional (RED-NCR) for Metro Manila based on following; (I) list of approve applications for local absentee voting, and (II) the exact number of local absentee ballot for the corresponding to the number of approve application, inner and outer envelopes, and papers sale, the RES/RED-NCR shall in turn transmit the same to the head of the office/supervisor/battalion or station commander ("commander");

Receive and take custody, under proper receipt, the accomplished local absentee ballots and other related documents from the head of office/supervisor/commander concerned or his authorized representative; thereafter, go group in bundles of 300 the local absentee ballots in the order of the receipt;

Appoint members of the Special Board of election inspector (SBEIs);

Deliver the local absentee ballot contained in a ballots box immediately after the close of voting on May 10,2004 to the SBEIs for counting;

Supervise the counting of ballot and canvassing of votes;|avvphi1.nêt

send notice of the approve application for the local absentee to all election Officer

(EOs) concerned with a directive to indicate in the list of voters with voting

records, specifically opposite the names of the qualified local absentee voters, the

following annotation "voting thru local absentee voting", in order to prevent de-

activation.

Section 6. Procedure for filling of application for local absentee voting. - a) not later than March 15, 2004.the head of office/supervisor/commander concerned shall submit to the PES/RED-NCR the following;

A sworn request from him that he be provide with application forms for local absentee voting, and

A subscribed list of registered voters under hi supervision or command availing of the local absentee voting indicating therein the city/municipality, barangay, precinct number where they are registered and the place of their assignment.

Copies of the application form for local absentee voting and the list of

Registered Voters Who will avail of local Absentee voting are hereto

Attached as Annexes "A" and "B" and made integral of this resolution.

Immediately upon receipt of the sworn request for application forms and

Subscribed list of list of registered voters. The PES/RED-NCR shall issue such number of application forms corresponding to the number applicants to the head office/supervisor/commander concerned or his duty authorized representative. The PES/RED-NCR shall keep record of the different government office/AFP units/PNP stations to which the application forms were sent and the number of forms sent.

The head of office/supervisor/commander shall distribute the application

Forms to the their respective personnel.

The accomplished application forms for local absentee voting shall be

Returned by the applicant-voters not later than March 22,2004 to the office supervisor commander who shall in turn transmit the same directly to the committee on local absentee voting (CLAV), c/o Electoral contest Adjudication Department (ECAD) Commission on election, Postigo Street, Intramuros, Manila immediately upon recipe thereof but not later than March 26, 2004, copy of which transmittal shall be tarnished the PES concerned/RED-NCR,

In all cases, the issuance, return and submission of the application forms

Shall be by the fastest means available.

Section 7. Verification of application for local absentee voting. Upon receipt of the list registered voters applying for local absentee voting from the head of office/supervisor/commander concerned, the CLAV shall immediately verify whether the listed names are in fact registered voters .upon verification and approval of applications, the CLAV shall record a log book the names of the government employees/members of the EFP/PNP who are qualified to vote in absentia.

Section 8. Transmittal of list of qualified local absentee voters, local absentee ballots and other election paraphernalia from the CLAV. The CLAV shall transmit, not later than April 16, 2004, the list of qualified local absentee voters ,the exact number of local absentee ballots, inner and outer envelops ,and paper seals corresponding to the number approve application and thumbprint takers to the PES/RED-NCR, who shall in turn forward the same to the head of office/supervisor/commander concerned not later than 23 April 2004.|avvphi1.nêt

The PES/RED-NCR shall make a list in four (4) copies of names of government official or employees/members of AFP/PNP who are qualified to vote in absentia and distribute the said lists not later than April 23,2004 to the following.

concerned head of office/supervisor/commander, together with local absentee official ballots and other election paraphernalia;

Election Officer (EO) concerned with a directive mentioned in section 5(K) above; and

commission on local absentee voting (CLAV), c/o ECAD commission on election, Postigo Street, Intramuros, Manila.

The remaining copy shall be retained by the PES/RED-NCR for record purposed.

The PES/RED-NCR shall also keep a record of the name of head of office supervisor or commander to whom the ballots. Security envelopes, paper sales, list of voters and other required election paraphernalia were delivered in the exact number of local absentee ballot delivered with their serial number, a copy of such record shall be furnished the CALV.

Section 9. Security envelops for local absentee ballot. - There shall be two (2) security envelopes for search local absentee ballot namely; an outer envelopes and an inner envelopes both with serial number. The outer envelope where the detachable coupon shall be placed. Shall contain space for the name of the voters and his voters registration record number (VRRN).

The inner envelope where the accomplished ballot shall be place, shall contain no other mark except an indication that it is a special envelope for a local absentee ballot.

Section 10. Distribution of local absentee ballots, envelopes and paper sales. Not later than April 26,2004 the head of office/supervisor/commander concerned, shall deliver the local absentee ballot, inner and out envelopes, and paper sale to the qualified local absentee voters, in the distribution, he shall:

required each voter to affix his signature opposite his name in the list prepared by the CLAV under sec.8 hereof;

detach one ballot the pad of ballots and retain the stubs where the serial number appears;

write the serial numbers of the ballot, security envelope, and paper seal opposite the name of the voter in the list.

Gice the voter the ballot, two security envelopes and two(2) paper seals; and

instruct the voter to immediately accomplish the ballot in accordance with Section 12 hereof and return the same to him.

Section 11. Date and place of voting. - The local absentee voter shall vote starting April 27,2004 until April 29,2004, for this purse, the head of office/supervisor/commander shall designate the time and place of voting where the voters shall converge to vote.

Section 12. Manner of voting. - The local absentee vote shall:

fill up the ballot secretly;

imprint his thumbmark on the proper space in the detachable coupon of the ballot

detach the coupon from the ballot and space the same inside the outer envelope;

place the accomplished ballot inside the inner envelop, close and seal the envelope;

place the sealed inner envelop inside the outer envelope which shall likewise be sealed

write his name and VRRN on the space provided for in the outer envelope; and

submit the sealed security envelope to the head of office/supervisory/commander.

Section 13. Transmittal of local absentee ballots and other election documents to the (CLAV). - the head of office/supervisor/commander shall, after he has collected all the accomplished ballots to the CLAV, c/o ECAD, Comelec, Intramuros, Manila by the fastest means available so that the ballots are received in the Commission not later than May 6, 2004. The head of office/supervisor/commander concerned shall prepare a transmittal letter in two (2) copies indicating the names of the persons who cast the local absentee votes and their VRRNs. He shall submit a copy of the letter to the CLAV and a certification on the number of ballots collected by him. The CLAV shall write a letter to the EO concerned who shall indicated in the list of voters with voting records that said voters have availed of local absentee voting.

The PES/RED-NCR shall likewise return to the CLAV in Manila whatever excess application forms for local absentee ballots remaining in his custody.

Section 14. Special Board of Election Inspectors. - The Commission may constitute as many Special Board constitute as many Special Board of Election Inspectors (SBEIs) for local absentee voting maybe deemed necessary to count the local absentee ballots. The members thereof shall be chosen and appointed by the Chairman of the CLAV from among the personnel of the Commission in the Main Ofice, not later that April 23, 2004.

Section 15. Oath of members of SBEI. - Before assuming their office, the chairman and members of the SBEI shall take and sign an oath before any officer authorized to administer oaths. Copies of the oaths shall immediately be submitted to the CLAV.

Section 16. Proceedings of the SBEI. - The SBEI shall meet in any available office of the Commission, Intramuros, Manila at 3:00 o' clock in the afternoon of May 10 2004 to count the votes cast by the local absentee voters and shall not adjourn until the counting is completed. All proceedings of the SBEI shall be public. It shall act through its chairman and all questions presented before it shall be decided without delay. All questions presented before it shall be decided by majority vote of the members. During meetings, not more than one member shall be absent at a time, and in no case shall such absence be for more than twenty (20) minutes.

Section 17. Manner of counting local absentee ballots. - The envelopes containing the local absentee ballots shall be placed in ballots boxes and distributed to the different SBEI shall proced with the counting as follows:

retrieve the special envelopes from the ballots box;

open each outer envelope, retrieve the inner envelope and the detachable coupon;

place the coupon in the compartment for spoiled ballots of the ballots box;

open the inner envelope and retrieve the ballot found therein;

pile the ballots in bundles of one hundred (100) each

read and count the ballots;

record by a vertical line on the proper spaces in the election returns each vote read and counted. Every fifth vote shall be recorded by a diagonal line crossing the previous four vertical lines;

write the partial sum of votes obtained by each candidate on the tally board and on the election returns. After finishing the first pile of 100 ballots, the BEI shall proceed to count the succeeding piles of ballots recording the partial sum of votes for each candidate after every 100 ballots are read and recorded; and

add the partial sum of votes recorded for each candidate and record the total votes on the tally board and on the election returns after all ballots have been read.

Section 18. Election Returns. – The election returns shall be prepared in seven (7) copies and distributed as follows;

The first copy to be submitted to the Special Board of Canvassers for local absentee voting;

The second copy, to the Congress, directed to the President of the Senate;

The third copy, to the Commission to be submitted to the Election Records and Statistics Department (ERSD);

The fourth copy, to the dominant majority party;

The fifth copy, to the dominant minority party; and

The sixth copy to the accredited citizens arm of the Commission

The seventh copy to be deposited inside the compartment for valid ballots of the ballot box;

Section 19. Post counting procedure. – Upon the termination of the counting of votes, the SBEI shall;

place in the envelope provided for the purpose the counted official absentee ballots;

seal the envelope with paper seal;

deposit the envelope properly sealed inside the compartment for valid ballots of the ballot box;

bundle the inner envelopes used for the filled out ballots and deposit the same inside the compartment for valid ballots of the ballot box;

place the seventh copy of the election returns inside the compartment for valid ballots;

close the ballot box with metal seals and padlocks;

deliver the locked ballot box and the keys to the padlocks to the Committee for safekeeping; and

distribute the election returns according to Sec. 18 hereof.

Section 20. Special Board of Canvassers – There is hereby constituted a Special Board of Canvassers ("SBOC") for local absentee voting to be composed of a ranking lawyer of the Commission as chairman to be designated by the Chairman of the CLAV and as members a lawyer from the Department of Justice and ranking official from the Department of Education

Section 21. Notice of canvass – The chairman of the SBOC shall give notice of canvass to its members, the presidential, vice-president, senatorial candidates and the political parties of the time, date and place of canvass at least five (5) days before May 10, 2004.

Section 22. Meeting of the Special Board of Canvassers – The SBOC shall meet not later than 6:00 o’clock in the evening of May 10, 2004 in any available office in the Commission, Intramuros, Manila, and proceed with the canvass of the election returns submitted to it by the SBEIs. It shall not adjourn until the canvass is completed making available the data to the mass media and other interested parties.

Section 23. Certificate of Canvass. - The SBOC shall prepare the Certificates of Canvass in seven (7) copies for distribution as follows.

The first copy to the Congress, directed to the President of the Senate for use in the canvass of the election results for President and Vice-President;

The second copy to the Commission as National Board of Canvassers for use in the canvass of the election results for senators and party-list representatives.

The third copy to be retained by the chairman of the SBOC;

The fourth copy to the citizens' arm designated by the Commission to conduct a media-based unofficial count; and

The fifth, sixth and seventh copies to the three (3) accredited major political parties.

Section 24. Watchers. - I every meeting of the SBEI and the SBOC, each candidate for President, Vice-President, Senators. Each duly registered political party, organization or coalition of political parties, which has nominated candidates for President, Vice-President, Senators and Party-list Representatives, and one duly accredited citizens' arm of the Commission of National constituency shall be entitled to appoint 8in writing one (1) watcher. Civic, religious, professional, business, youth and any other similar collectively be entitled to appoint one (1) common watcher.

Section 25. Effectivity. - This Resolution shall take effect immediately after its publication in two (20 newspapers of general circulation.

Section 26. Dissemination. - The education and Information Department shall caused the publication of this resolution in two(2) newspapers of general circulation and shall furnish copies thereof to the Department of Erduucation, the Department of Justice, Chief of Staff of the Armed Forces of the Philippines, te Director General of the Philippine National Police and all deputized departments and agencies or instrumentalities and all field offices of the Commission.

SO ORDERED.

(Sgd.) BENJAMIN S. ABALOS, SR.
Chairman

(Sgd.) RUFINO S.B. JAVIER
Commissioner (Sgd.) MEHOL K. SADAIN
Commissioner

(Sgd.) RESURRECCION Z. BORRA
Commissioner (Sgd.) FLORENTINO A. TUASON, JR.
Commissioner
(Sgd.) VIRGILIO O. GARCILLANO
Commissioner (Sgd.) MANUEL A. BARCELONA, JR.
Commissioner

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