Republic of the Philippines
COMMISSION ON ELECTIONS
Manila
Resolution No. 6712 April 28, 2004
GENERAL INSTRUCTIONS FOR THE ELECTRONIC TRANSMISSION AND CONSOLIDATION OF ADVANCED RESULTS IN THE MAY 10, 2004 ELECTIONS
Promulgated: 28 April 2004
The Commission on Elections pursuant to the powers vested in it by the Constitution, Republic Acts No. 6646 and 7166, the Omnibus Election Code and other election laws, RESOLVED to promulgate, as it hereby promulgates, the following general instructions for the electronic transmission and consolidation of advanced results in the May 10, 2004 elections.
Section 1. Electronic Transmission of Advanced Results. – The Commission on Elections, hereinafter referred to as COMELEC, hereby adopts the policy that the precinct election results of each city and municipality shall be immediately transmitted electronically in advance to COMELEC, Manila. For this purpose, a National Consolidation Center (NCC), Electronic Transmission Centers (ETC) for every city and municipality and a special ETC at COMELEC, Manila for the Overseas Absentee Voting (OAV) are hereby established.lavvphil.net
Section 2. National Consolidation Center. – There shall be a National Consolidation Center (NCC) to receive and consolidate all precinct results, based on the data transmitted by each Electronic Transmission Center (ETC).
The NCC shall be manned by a team composed of the following personnel:
One (1) Site Manager (SM) and one (1) Deputy Site Manager (DSM) (to work on a 12-hour shift)
Three (3) Shift Supervisors (one per 8-hour shift)
Six (6) Computer Operators (two per 8-hour shift)
Three (3) Support Programmers (one per 8-hour shift)
The Site Managers (SM) shall be COMELEC organic officials who shall be appointed/designated by the COMELEC, through the Commissioner-in-Charge of Phase III-Modernization Project, while the rest shall be authorized representatives of Philippine Multi-Media Systems Inc. (PMSI), the contractor for the Phase III Project. The Site Manager may avail of the assistance of a Secretariat of three (3) COMELEC Technical Personnel who shall report at the NCC.
Section 3. Electronic Transmission Centers. - There shall be one Electronic Transmission Center (ETC) for every city and municipality, where votes obtained by each candidate for all positions shall be encoded and shall consequently be transmitted electronically to the NCC, through Very Small Aperture Terminal (VSAT) facilities. For this purpose, Personal Computers (PC) shall be allocated for all cities and municipalities at the rate of one set for every one hundred seventy five (175) precincts.
Each ETC shall be manned by a team composed of a Reception Officers Group (ROG), an Encoding Group (EG), and one site technician, headed by a Site Administrator (SA), who shall be the Election Officer or his/her Election Assistant or a duly-designated regular COMELEC employee. The Reception Officers and Encoding Groups shall each be composed of two (2) members for every allocated PC. Each member of the team shall be designated by the COMELEC through the Commissioner-in-Charge (CIC) of Phase III or the Regional Election Director (RED). PMSI shall submit to the CIC the list of site technicians with their specific deployment areas.
There shall also be established a special ETC, to be located at the main COMELEC office, for the purpose of encoding and transmitting advanced results for the Overseas Absentee Voters (OAV).
Section 4. Department of Education Supervisor. – The city or municipal Election Officer (EO), upon consultation with the Department of Education (DepEd), shall designate a DepEd Supervisor/Principal/Assistant Principal/Teacher in the area, who will be assigned in each polling center for the purpose of gathering from all Boards of Election Inspectors (BEI) therein the envelopes containing the Copy 3 of the Election Returns (ER) for national positions and Copy 2 of the ER for local positions, both intended for the COMELEC, which shall be used as basis for the encoding and transmission of advanced precinct results. The designated DepEd official shall also be responsible for safeguarding and submitting said ERs to the ETC. In the absence of the designated DepEd personnel, the Commission may designate from any of its personnel or a duly identified PPCRV member for the purpose of gathering the ERs.
Section 5. Supervision and control. - The COMELEC shall have direct control and supervision over the NCC and ETCs, including their respective groups, and may motu propio relieve, at any time, any official or member thereof and designate the substitute.
Section 6. Notice. - Not later than May 5, 2004, the city/municipal EO shall give a written notice to each candidate for local positions and to local representatives of political parties fielding candidates, including parties, organization/coalition participating under the party-list system, of the date, time and place of the electronic transmission of advanced precinct results. It shall be conducted in the same building where the city/municipal canvass shall be held, unless another venue is determined and authorized by the COMELEC.
Not later than May 7, 2004, the COMELEC, through the CIC of Phase III, shall give written notice to each candidate for national positions, political party fielding candidates, and parties, organization/coalition participating under the party-list system, of the date, time and place of the reception and consolidation of advanced precinct results.
Notices of the electronic transmission, reception and consolidation shall be posted at the EO’s office, at the COMELEC, Manila, and in conspicuous places in the building where the electronic transmission, reception and consolidation will be held.
Section 7. Duties of the ETC Teams. - The city/municipal ETC teams shall meet at 3:00 o’clock in the afternoon of election day at the designated place to receive the ERs submitted by the designated DepEd official for pre-encoding, encoding and transmission activities preparatory to receiving the ERs transported to it. It shall adjourn from time to time and resume operations as ERs are submitted and received until such time that the task of encoding and transmitting has been completed as may be determined by the COMELEC.
The proceedings of the team shall be open, subject to Sec. 13 hereof.
Section 8. Duties of the NCC Team. – The NCC team shall meet at 3:00 o’clock in the afternoon of election day at the designated place for the reception and consolidation of electronically transmitted precinct results. It shall meet continuously until all ERs are transmitted by the ETC teams.
The proceedings of the team shall be open to authorized representatives of the political parties, subject to Sec. 13 hereof.
Section 9. Absence of an ETC team member. - In case of the absence of a team member at the start of the proceedings, the ETC SA shall formally designate a qualified replacement in a manner analogous to the provisions of Paragraph 2 of Sec. 4. The absent member shall be sent a notification letter via the fastest means available, requiring him/her to formally explain within 72 hours the reason for his/her absence. These facts shall be recorded in the Minutes of the ETC proceedings.
Section 10. Minutes of the teams. - The NCC and ETC teams shall each keep its Minutes of proceedings. All transactions and data required, as they occur, shall be recorded in said Minutes in the form prescribed by the Commission, a sample set (Description of Operations and Minutes Proper) of which is attached to this resolution for reproduction/photocopying by the ETCs for use in the proceedings. Observations and comments shall be attached to said Minutes.
The ETC Minutes shall be accomplished by the ROG in duplicate, and shall be distributed as follows:
The ETC Minutes shall contain a record of the received ERs indicating therein their time of receipt and completion of encoding.
The NCC Minutes shall contain data pertinent to the completion of NCC tasks and will be prepared by the NCC SM or DSM, and shall be distributed as follows: 1st copy, to the CIC-Phase III 2nd copy, for file
Section 11. Prohibited degree of relationship. - The members of the ETC teams shall not be related within the fourth civil degree of consanguinity or affinity to any of the candidates whose votes will be encoded by said team.
Section 12. Powers of the teams. - The ETC and NCC teams shall have full authority to keep order within the reception and encoding/consolidation room or hall and its premises and enforce obedience to its lawful orders. If any person shall refuse to obey any lawful order of the teams or shall conduct himself in such disorderly manner as to disturb or interrupt its proceedings, the SA or the SM may order in writing any peace officer to take such person into custody until adjournment of the meeting.
Section 13. Right to observe the ETC proceedings. - Every registered political party or coalition of parties, accredited political party, sectoral party/organization or coalition thereof under the party-list, through its representative, and every candidate for national positions has the right to observe/witness the encoding and electronic transmission of the ERs within the authorized perimeter.
Provided, That candidates for the sangguniang panlalawigan, sangguniang panglungsod or sangguniang bayan belonging to the same slate or ticket shall collectively be entitled to only one common observer at the ETC.
The citizens’ arm of the Commission, and civic, religious, professional, business, service, youth and other similar organizations collectively, with prior authority of the Commission, shall each be entitled to one (1) observer. Such fact shall be recorded in the Minutes.
The observer shall have the right to observe, take note of and make observations on the proceedings of the team. Observations shall be in writing and, when submitted, shall be attached to the Minutes.
The encoding proceedings being ministerial in nature, and the tabulations being advanced unofficial results, no objections or protests shall be allowed or entertained by the ETC.
Section 14. Persons not allowed inside the ETC. - During the encoding and transmission of advanced precinct results, it shall be unlawful for the following to enter the room where the encoding and transmission is being held or to stay within a radius of fifty (50) meters from such room:
Any officer or member of the Armed Forces of the Philippines;
Any officer or member of the Philippine National Police;
Any peace officer or any armed or unarmed person belonging to an extra-legal police agency, special forces, strike forces, or civilian armed forces geographical units (CAFGU);
Any barangay tanod or any member of the barangay self-defense units;
Any member of the security or police organizations of government agencies, commissions, councils, bureaus, offices, instrumentalities, or government-owned or controlled corporations or their subsidiaries; or
Any member of a privately-owned or operated security, investigative, protective or intelligence agency performing identical or similar functions.
Whenever necessary, however, the SA may direct in writing for the detail of policemen or peace officers for their protection or for the protection of the election documents and paraphernalia, or for the maintenance of peace and order, in which case said policemen or peace officers, who shall be in proper uniform, shall stay outside the room but near enough to be easily called by the team at any time.
Section 15. Reception Officer. - On the basis of the designation made by the CIC or RED, the SA shall appoint Reception Officers (ROs) to receive the ERs submitted and to ensure the safekeeping of the ERs until the same are returned to the EO for submission to the Commission on Elections in Manila. There shall be one RO for every allocated PC on duty at one time.
The ROs shall be under the direct supervision and control of the SA. His name and the list of ERs received by him shall be properly recorded in the Minutes of the proceedings.
In no case shall an employee of the Office of the Provincial Governor, City/Municipal Mayor, or their corresponding Sanggunians be appointed/designated to serve as the Reception Officer.
Section 16. Encoding Group. - The SA shall constitute one (1) Encoding Group (EG) for every allocated PC to enable them to complete the encoding and transmission of the ERs assigned to the ETC within the prescribed period. All the candidates shall be notified in writing of the number of groups to be constituted so that they can designate their observers in each group.
The encoders shall be under the direct supervision and control of the SA. Their names and the list of ERs encoded by each shall be properly recorded in the Minutes of the proceedings.
In no case shall an employee of the Office of the Provincial Governor, City/Municipal Mayor, or their corresponding Sanggunians be appointed/designated to serve in the Encoding Group.
Section 17. ETC Procedures. - The following procedures shall be observed by each ETC, in the presence of observers of candidates and political parties, if available, and shall be recorded in the Minutes:
1. The designated DepEd Supervisor, or the COMELEC designated alternate, shall deliver the sealed envelopes containing the ERs to the RO.
2. The RO shall, in the presence of the DepEd Supervisor, or the COMELEC designated alternate:
2.1 receive the sealed envelopes from the DepEd Supervisor or the COMELEC designated alternate;
2.2 log the date and time of receipt, and the precinct numbers;
2.3 record the corresponding paper seal serial numbers and condition of each envelope received; and
2.4 issue a receipt to the DepEd Supervisor or the COMELEC designated alternate.
3. The DepEd Supervisor, or the COMELEC designated alternate, shall immediately leave the reception area.
4. The RO shall:
4.1 open the envelopes one by one and get the ER;
In opening the envelopes of the ERs, the paper seals and the serial number shall be preserved and shall not be removed from the envelope.
4.2 record the corresponding inner seal numbers and condition of each ER;
4.3 examine the contents of the ER by checking the consistencies of the votes in words, figures and taras;
4.4 record the ER examination result, noting all discrepancies found, if any;
4.5 deliver to the EG each examined ER.
5. Before any encoding starts, the system shall be properly initialized by the SA in the following manner:
5.1 Turn on the PC, and the TV monitor attached to the PC, if available;
5.2 Run the encoding and transmission software;
5.3 Register in the system by typing in his ID number;
5.4 Officially advise the body for any final changes in the official list of candidates. This shall be included in the Minutes.
5.4.1 If there are final changes in the official list of candidates, the SA shall effect the changes in the system?s candidates? list.
5.4.2 If there is more than one PC allocated for the ETC, the SA shall effect the change to the system?s candidates? list using the designated main PC.
5.5 Zero out or clear the values for all votes in the system corresponding to each name of all candidates for all positions;
5.5.1 If there is more than one PC allocated for the ETC, the SA shall zero out the values of the votes using the designated main PC.
5.6 Each PC shall display on-screen the corresponding report showing the result of the operation.
5.6.1 If there is more than one PC allocated for the ETC, the encoders shall perform this function.
5.7 Sign the COMELEC-specified document, with the watchers, certifying that the encoding PC being used for the purpose does not contain any previously encoded votes prior to the start of the actual encoding procedures.
5.8 This procedure shall be done only once.
6. The designated encoder shall:
6.1 log in to the system by typing in his ID number;
6.2 get one set of ERs for encoding;
6.3 type in the number of voters who actually voted, as indicated in the ER; and
6.4 type in the corresponding vote per candidate, as indicated in the ER.
After completion of encoding for a precinct, the encoded results are automatically transmitted to the NCC via VSAT.
7. Immediately after completion of encoding for a precinct, the encoder shall write on its upper right hand corner the word ?ENCODED? and affix below it his signature.
8. The encoded ER shall be put aside and later handed back by the encoder to the RO.
9. The RO shall:
9.1 inspect the returned ERs to ensure that all pages are complete and in order;
9.2 re-seal the ERs anew, and sign the seals;
9.3 put them inside the same envelopes; and
9.4 Re-seal the envelopes anew, and sign the seals.
9.4.1 In affixing the new paper seal, the old seal shall not be covered by the new paper seal.
This shall be witnessed by watchers and representatives of political parties, if available, and shall likewise be recorded in the Minutes.
10. The RO shall secure all encoded ERs until all ERs have been completely encoded and electronically transmitted to NCC.
11. After the completion of the encoding and electronic transmission:
11.1 the re-sealed envelopes shall be submitted to the SA for submission to COMELEC- Manila, in accordance with the usual manual process;
11.2 the SA, through the Site Technician, shall:
11.2.1 generate a per precinct status report on-screen, containing the precincts with ERs which were not encoded;
11.2.2 supervise the saving to CD (2 copies) of:
11.2.2.1 all encoded results
11.2.2.2 system's audit log
11.2.2.3 per precinct status report
One copy of the CD shall be submitted to the CIC-Phase III, while the other copy shall be kept by the Election Officer.
11.3 the SA shall:
11.3.1 sign the Minutes, in two copies, with the other members of the ETC team, certifying the completion of the encoding and transmission procedure;
One copy of the CD shall be submitted to the CIC-Phase III, while the other copy shall be kept by the Election Officer.
11.3.2 and supervise the performance of proper handling procedures for the disposition of equipment.
All of the above processes shall be included in the Minutes.
Section 18. Results publication. - Consolidated and per-precinct results shall be made available via the Internet, text messaging, and electronic billboards in designated locations. Interested parties may print the result published in the Comelec website.
No printouts shall be released at the ETCs and at the NCC.
Section 19. Exceptional Cases. – The following guidelines shall be followed in the event of exceptional situations:
1. when the number of voters who actually voted in the Copy 3 and Copy 2 of the ERs are not the same:
1.1 use the indicated higher number; and
1.2 record the same in the Minutes
2. when the number of votes in figures and words are not the same:
2.1 the votes in words shall prevail
3. when the total number of votes garnered by all candidates for a specific position exceeds the indicated number of voters who actually voted multiplied by the number of candidates to vote for, or, there is no indication of the number of voters who actually voted in the ER:
3.1 The ERs will be encoded as is.
3.2 The system shall identify the foregoing cases and flag the computer records accordingly. The flagged records of these ERs will be listed in an exception report to be generated by the NCC.
4. when the precinct number for a specific ER is not included in the system?s list of precincts for encoding, the SA shall:
4.1 add the precinct number into the system's list of precincts;
4.2 and send a copy of the modified precincts list to NCC.
4.3 This shall be recorded in the Minutes of proceedings.
5. when a substitute candidate'?s name has not been incorporated yet into the system:
5.1 before the start of the encoding procedure, the SA shall publicly announce the name of the substitute candidate and the name of the candidate for which his/her name is being substituted, and shall show the official document which is the basis for such substitution;
5.2 in the city/municipal level, the SA shall then:
5.2.1 effect the replacement of the candidate's name with the substitute candidate's name into the system; and
5.2.2 send a copy of the modified local candidates list to NCC for data synchronization purposes.
5.3 In the provincial and national levels:
5.3.1 The SM shall effect the replacement of the candidate's name with the substitute candidate's name into the system; and
5.3.2 the modified provincial and national candidates list for all affected ETCs shall then be synchronized.
5.4 This shall be recorded in the Minutes of proceedings.
6. when a candidate's name is not included in the system's list of candidates for encoding:
6.1 in the city/municipal level, the SA shall:
6.1.1 add the candidate's name into the system's list of candidates for the position affected; and
6.1.2 send a copy of the modified candidates list to NCC.
6.1.3 This shall be recorded in the Minutes of proceedings.
6.2 In the provincial and national levels:
6.2.1 The SM shall add the candidate's name into the system's list of candidates for the position affected; and
6.2.2 the modified provincial and national candidates list for all affected ETCs shall then be synchronized.
6.2.3 This shall be recorded in the Minutes of proceedings of the NCC and the ETCs.
7. when the encoding PC, or any part therein, becomes defective or malfunctions during the encoding procedure:
7.1 The SA shall declare a suspension of the encoding and transmission procedure, and announce the reason for such suspension;
7.2 the ETC technician shall then be called upon to conduct troubleshooting procedures, or repairs, if necessary, on the PC, in the presence of all the watchers;
7.3 This shall be recorded in the Minutes of the proceedings.
8. when the transmission system, including the VSAT, malfunctions or becomes defective during the period for encoding and transmission:
8.1 encoding may continue; and
8.2 transmission shall continue after the problem is solved
9. when the ETC experiences a power failure:
9.1 when a standby generator is available:
9.1.1 the ETC shall make use of the standby generator to power up the encoding PCs and the VSAT facilities; and
9.1.2 shall continue with the encoding and transmission procedures
9.2 when a standby generator is not available:
9.2.1 the SA shall declare a suspension of the encoding and transmission procedures; and
9.2.1.1 if regular power supply shall be made available again within a four-hour period, the ETC shall resume normal operations.
9.2.1.2 if regular power supply is not made available within a four-hour period, the SA shall announce the execution of the site-transfer plan.
10. when any member of the ETC team suddenly becomes unavailable before and during the entire proceedings:
10.1 the SA shall officially designate a qualified replacement;
10.2 announce the replacement, including the reason for such replacement, to the watchers;
10.3 and record the same in the Minutes of the proceedings
11. when there is any change that has to be made to the resident data in the system, other than previously mentioned:
11.1 the NCC SM shall effect the changes needed in the system;
11.2 the modified data for all affected ETCs shall then be synchronized.
11.3 This shall be recorded in the Minutes of the proceedings.
Section 20. Amendment of Res. Nos. 6667 and 6669. - Resolution Nos. 6667 and 6669 are hereby amended or modified accordingly, insofar as the distribution of the ER-Copy 3 for national positions and ER-Copy 2 for local positions are concerned, and other related matters.
Section 21. Effectivity. - This resolution shall take effect immediately upon its publication in two (2) newspapers of general circulation in the Philippines.
Section 22. Dissemination. - The Education and Information Department shall furnish the Department of Justice, Department of Education, the Department of Finance, all Regional Election Directors, Provincial Election Supervisors and Election Officers, and City/Provincial Division and City Superintendent of Schools and the Municipal Treasurers with copies of the Resolution and cause the publication thereof in two (2) daily newspapers of general circulation, as well as in the COMELEC website.
Let the Deputy Executive Director for Operations implement this resolution.
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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