Republic of the Philippines
COMMISSION ON ELECTIONS
Manila

GENERAL INSTRUCTIONS FOR THE BOARD OF ELECTION INSPECTORS (BEI) ON THE VOTING, COUNTING, AND TRANSMISSION OF RESULTS IN CONNECTION WITH THE 10 MAY 2010, NATIONAL AND LOCAL ELECTIONS.

COMELEC RESOLUTION NO. 8739

WHEREAS, Republic Act No. 9369 authorized the Commission on Elections to use an automated election system as it may deem appropriate and practical for the process of voting, counting and transmission of results;

WHEREAS, in pursuit of this mandate, the Commission on Elections resolved, in connection with the May 10, 2010, National and Local elections, to adopt a paper-based automated election system by using Precinct Count Optical Scan (PCOS) Machines, which shall be deployed in all polling places nationwide;

NOW THEREFORE, pursuant to the powers vested in it by the Constitution, the Omnibus Election Code, Republic Act No. 9369, and other election laws, the Commission HEREBY RESOLVES to promulgate, the following General Instructions for the Board of Election Inspectors (BEI) on the Voting, Counting, and Transmission of Results:

ARTICLE I
BOARD OFV ELECTION INSPECTORS

Section 1. Board of Election Inspectors (BEI); constitutiuon and appointment. – The Commission on Elections, through its Election Officer, shall constitute not later than January 8, 2010, the BEI for each precinct/clustered precinct from the list of all public school teachers submitted by the Department of Education's (DepEd) highest official within the city/municipality/school district.

The BEI shall be composed of a Chairman and two (2) members, one of whom shall be designated as poll clerk, and all of whom shall be public school teachers, giving preference to those with permanent appoinment and those who served in the immediately preceding National and Local Elections.

In all cases, the Election Officer shall ensure that at least one (1) member of the BEI shall be an information technology-capable person as certified by the Department of Science and Technology (DOST) after the training of the same.

In case there are not enough public school teachers, teachers in private schools, employees in the civil service, or citizens of known probity and competence who are registered voters of the city or municipality may be appointed as members of the BEI; provided that the chairman shall be a public school teacher.

Section 2. Qualifications of members of the BEI. - No person shall be appointed as chairman or member of the BEI, whether regular, substitute or temporary, unless he:

a) Is of good moral character and irreproachable reputation;

b) Is a registered voter of the city or municipality;

c) Has never been convicted of any election offense or of any other crime punishable by more than six(6) months of imprisonment;

d) Has no pending case against him filed in COMELEC/court for any election offense; and

e) Is able to speak, read and write English or the local dialect.

Section 3. Disqualification. - No person shall serve as chairman or member of the BEI if he or his spouse is related within the fourth civil degree of consanguinity or affinity to any member of the same BEI or to any candidate to be voted for or to the latter's spouse. Violation of this provision shall constitute an election offense as provided in Section 261 (bb), sub-par (3) of the Omnibus Election Code.

Section 4. Notice of disqualification. - Any c hairman or member of the BEI who is disqualified for any reason shall immediately notify the Election Officer of such fact in writing, who shall in turn, appoint a substitute.

Section 5. Temporary vacancies in the BEI. - If, at the time of the meeting of the BEI, any member is absent or a vacancy exists, the members present shall call upon a substitute from the list of public school terachers submitted by the DepEd to perform the duties of the absent member. If none is available, the members present shall appoint any qualified non-partisan registered voter of the precinct to temporarily fill said vacancy until the absent member appears. In case there are two members present, they shal act jointly.

Section 6. Arrest of absent members. - The member or members of the BEI present may order the arrest of any member who, in his or their judgment, has absented himself with the intention of obstructing the performance of the duties of the BEI.

Section 7. Appoinment and oath of members of thye BEI. - The Election Officer shall accomplish the form for the Appoinment of the Chairman and Members of the BEI (A30) in three (3) copies, and require the chairman and members of the BEI to affix their signatures and imprints of their right thumbs on the Oath of Office (A30/A31) before him before assumption of office.

Copies of the Appoinment and Oath (A30/A31) shall be distributed, as follows:

a) The first and second copies shall be retained by the Election Officer. One copy shall be for his file and the other shall be attached to the payroll for payment of honorarium of the BEI; and

b) The third copy, shall be issued to the chairman/members of the BEI.

Section 8. Minutes of voting and counting of votes (Minutes). - The BEI shall enter in the Minutes (A11), the act or data therein required as they occur or become available during voting, counting, and transmission of votes. Copies thereof shall be sealed in separate envelopes, to be distributed as follows:

a) First copy, to the Election Officer, who shall transmit it to the Election Records and Statistics Department (ERSD) in Manila; and

b) Second copy, to be deposited inside the compartment of the ballot box for valid ballots.

Section 9. Support Staff. – Then shall be in addition to the regular members of the BEI depending on the number of precincts clustered, a maximum of three (3) support staff, who are registered voters in the precinct where they are assigned. They shall be appointed/designated by the Election Officer, subject to the qualifications and conditions provided under Sections 2, 3 and 7 hereof, in such manner as indicated below:

NO. PRECINTS IN A
CLUSTER NO. OF SUPPORT STAFF
1 to 2 0
3 1
4 2
5,6 and 7 3

They can neither participate in any deliberation of the BEI nor vote on any issue or question that may arise during the proceedings.

In case of absence of all or any of the support staff on the day of the election, the BEI, by majority vote, may designate any registered voter in the hereof. Such fact shall be recorded in the Minutes.

Section 10. Power and functions of the BEI. - The BEI shall have the following powers and functions:

a) Conduct the voting in the polling place and administer the electronic counting of votes;

b) Print the election returns and trnasmit electronically the election results, through the use of the PCOS machine, to the:

a. City/Municipal Board of Canvassers;

b. dominant majority party, dominant minority party, accredited citizens' arm and KBP; and

c.to the server.

c) Act as deputies of the Commission in the conduct of the elections;

d) Maintain order within the polling place and its premises; keep access thereto open and unobstructed; enforce obedience to its lawful orders and prohibit the use of cellular phones and camera by the voters. If any person refuses to obey the lawful orders of the BEI or conducts himself in a disorderly manner in its presence or within its hearing and thereby interrupts or disturbs its proceedings, the BEI may issue an order in writing directing any peace officer to take said person into custody until the adjournment of the meeting, but such order shall not be executed as to prevent said person from voting. A copy of such written order (Annex "A") shall be attached to the Minutes; and.

e) Perform such other functions prescribed by law or by the rules and regulations promulgated by the Commission.

Section 11. Proceedings of the BEI. - The meeting of the BEI shall be public and shall be held in the polling place designated by the Commission.

The BEI shall act through its chairman and shall decide by majority vote, without delay, all questions, which may arise in the performance of its duties.

Section 12. Voting Privilege of the Members of BEI and Support Staff. - Members of the BEI, their substitutes and support staff, if any, who are registered voters in a precinct/clustered precincts other than where they are assigned, may avail of the Local Absentee Voting, or on the day of the elections, vote in the precincts where they are registered provided that they do so when the voting in their respective places of assignments is light , and their absence shall not be for more than twenty (20) minutes. For this purpose, they shall schedule their voting so that only one member of the BEI shall leave at any one time.

Section 13. Prohibition against political activity. - No member of the BEI or its support staff shall engage in any partisan political activity or take part in the election except to discharge his duties as such and to vote.

Section 14. Honorable of the BEI. - The chairman and members of the BEI shall each receive an honorarium of one thousand pesos (P 1, 000.00) per day but not to exceed three thousand pesos (P 3,000.00). In addition, they shall be entitled to service credits for each day of service (Day before the elections, election day and after Elections. Support Staff shall receive five hundred pesos (P 500.00) per day but not to exceed one thousand five hundred pesos (P 1,500.00).

ARTICLE II
WATCHERS

Section 15. Official watchers of candidates, political parties and other groups. - Each candidate and registered political party or coalition of political parties duly registered with the Commission and fielding candidates in the election, as well as duly accredited citizens' arms may appoint two watchers, to serve alternately, in every polling place. However, candidates for Senator, can didatyes for Member, Sangguniang Panlalawigan or Sangguniang Panlungsod, or Sangguniang Bayan, belonging to the same ticket or state, shall collectively be entitled to one watcher.

Duly accredited citizens arms of the Commission shall be entitled to appoint a watcher in every polling place. Other civil, professional, business, service, youth, and any other similar organizations, with prior authority of the Commission , shall be entitled collectively to appoint one watcher in every polling place.

If, because of limited space, all watchers cannot be accommodated in the polling place, preference shall be given to the watchers of the dominant majority and dominant minority parties as determined by the Commission and the watcher of the citizens' arm, with the latter being given preferential position closest to the BEI. In case there are two or more citizen's arm preference shall be given to the one authorized by the Commission to conduct an unofficial count.

Section 16. Qualification of watchers. - No person shall be appointed watcher unless he:

a) Is a registered voter of the city or municipality comprising the precinct where he is assigned;

b) Is a good reputation;

c) Has not been convicted by final judgment of any election offense or of any other crime;

d) Knows how to read and write Pilipino, English or of the prevailing local dialect; and

e) Is not related within the fourth civil degree of consanguinity or affinity to the chairman or to any other member of the BEI in the polling place where he seeks appoinment as watcher.

Section 17. Rights and duties of watchers. - Upon entering the polling place, the watchers shall deliver to the chairman their appoinments as watchers, and their names shall forthwith be recorded in the Minutes with a notation under their signatures that they are not disqualified to serve as such under the immediately preceding Section. The appointments of the watchers shall bear the signature of the candidate or duly authorized representative of the party, organization or coalition that appointed them. For this purpose, at least fifteen (15) days before election day, independent candidates, registered parties organizations, or coalitions authorized by the Commission to appoint watchers shall provide the Election Officers concerned with the names and signatures of their representatives authorized to appoint watchers in the city or municipality.

The watchers shall have the right to:

a) Witness and inform themselves of the proceedings of the BEI;

b) Take note of what they may see or hear;

c) Take photographs of the proceedings and incidents, if any, during the voting, counting of votes, as well as of the generated election returns and of the ballot boxes;

d) File a protest against any irregularity or violation of law which they believe may have been committed by the BEI or by any of its members or by any person;

e) Obtain from the BEI a certificate as to the filing of such protest and the resolution thereof; and

Watchers shall not speak to any member of the BEI, or to any voter or among themselves, in such a member as would disturb the proceedings of the BEI.

The watchers representing the dominant majority and dominant minority parties fileding candidates and the watcher of the citizen's arm shall, if available, affix their sigantures and thumbmarks in the election returns.

ARTICLE III
ELECTION FORMS AND SUPPLIES

Section 18. Election forms, documents and supplies. - Except when authorized to do so earlier by the Commission, the BEI shall get the forms, documents and supplies early in the morning of election day. The City/Municipal Treasurer shall distribute the following forms, documents and supplies per precinct/clustered precincts.

A. FROM THE CITY/MUNICIPAL TREASURER

CEF NO. DESCRIPTION RATE OF DISTRIBUTION
ELECTION FORMS
A3 Poster Indicating the Clustered Precincts' Numbers 1 Piece
A6 Official Ballots 1 pc. per voter
A11 Minutes of Voting and counting of Votes 1 set of 2 copies
A12 Paper Seal 75 Pieces
A14 Certificate of Receipt of Official Ballots, Other Forms and Supplies by BEI 3 Pieces
A27 Official Receipt of Election Returns 60 Pieces
ENVELOPES FOR VOTING AND COUNTING
A15 For Rejected ballots, Half of Torn Unused Official Ballots and Other Half of Torn Unused Official Ballots 3 Pieces
A16 For Scanned / Counted Official Ballots (expandable) 2 pieces per precinct
A17 For Election Returns 30 Pieces
OTHER ENVELOPES
A18 For Minutes of Voting and Counting of Votes 1 Set of 2 pieces
A18-A For Back-up Memory Card, Initialization Report, Audit Log, and Precinct Statistical Report 5 Pieces
A19 For Key of Ballot Box 3 Pieces
OTHER FORMS
A30/31 Temporary Appoinment of Chairman/Poll Clerk/Third Member/Support Staff 10 Pieces
A35 Certificate of Challenge or Protest and Decision of the BEI 10 Pieces
A39 Oath of Voter Challenge for Illegal Acts 10 Pieces
A40 Oath of Identification of Challenged Voter 10 Pieces
SUPPLIES
Seal for back-up memory card envelope 1 Piece
Bond Paper (long) 30 Pieces
Ballot Secrecy Folder 20 Pieces
Thumbprint Taker 2 pcs. per precinct in a cluster
Serially numbered Fixed Length Seal for back-up memory card 1 Piece
Indelible Stain Ink 2 bottles per precinct in a cluster
Instruction to Voters 1 pc. per precinct in a cluster
Ballot Box 1 Piece
Corrugated Box for Official Ballots 1 Piece
PCOS box plastic (garbage bag) 1 Piece
Marking pens 1

or

2
Box/es
Ballpen 6 Pieces

B. FROM THE ELECTION OFFICER

a. Book of Voters;

b. One (1) copy of the Precicnt Computerized Voters List (PCVL) with supplemental PCVL, if any, for posting outside the precinct;

c. Two (2) copies of Election Day Computerized Voters List (EDCVL) (List of Voters with Voting Record) with supplement EDCVL, if any,; and

d. Copies of Appointment and Oath of Office of the BEI and Support Staff (A30/A31).

The Book of Voters should be duly sealed. The PCVL and EDCVL should all be duly certified by the Election Registration Board.

The poll clerk, third member and the support staff, if any, shall have custody of the Book of Voters and one (1) copy of the EDCVL.

The BEI shall carefully check the different election forms, documents and supplies and the quality actually received. Thereafter, place the official ballots in a corrugated box provided by the Commission. The BEI shall sign a Certificate of Receipt (A14) in three copies, the original of which shall be delivered to the City/Municipal Treasurer, who shall transmit the same to the ERSD, Comelec, Manila, immediately after Election Day.

Section 19. Forms to be reproduced when needed. - The following forms may be reproduced when needed:

a) Temporary Appointment of Chair man/Poll Clerk/Member (Annex "A");

b) Certificate of Challenge or Protest and Decision of the BEI (Annex "B");

c) Oath of Voter Challenged for Illegal Acts (Annex "C"); and

d) Oath To Identify A Challenged Voter (Annex "D").

ARTICLE IV
DATE, TIME AND PLACE OF VOTING

Section 20. Date of election. - The election shall be held on May 10, 2010.

Section 21. Voting Hours. - The casting of votes shall start at seven o'clock in the morning and shall end at six o'clock in the evening of election day.

If at six o’clock there are still voters within thirty (30) meters in front of the polling place who have not yet cast their votes, voting shall continue but only to allow said voters to cast their votes without interruption. The poll clerk shall, without delay, prepare a complete list containing the names of said voters consecutively numbered. The voters listed shall be called to vote by the poll clerk by announcing each name three (3) times in the order in which they listed. Any voter in the list who is not present when called shall not allowed to vote at any later time. The said list shall be submitted to the Election Officer.

Section 22. Place voting. – Voters shall cast their votes in the polling place designated by the Commission. The Poster Indicating the Clustered Precinct Number (A3) shall be prominently posted near at the door of the polling place.

Section 23. Who may vote. – All registered voters whose names appear in the Posted Computerized Voters List (PCVL) or EDCVL, or whose registration records have not been cancelled or deactivated, may vote in the election.

Section 24. Challenge against illegal voters. – Any voter or watcher may challenge any person offering to vote for:

a) Not being registered;

b) Using the name of another; or

c) Suffering from an existing disqualification.

In such case, the BEI shall satisfy itself as to whether or not the ground for the challenge is true by requiring proof of registration, identity or qualification. The BEI shall identify the voter through his photograph, fingerprint, or specimen signatures in the VCR or EDVL. In the absence of any of the above –mentioned proof of identity, any member of the BEI may identity under oath a voter, and such act shall be reflected in the Minutes.

Section 25. Challenge based on certain illegal acts. – Any voter or watcher may challenge any votes offering to vote on the ground that he:

a) Received or expects to receive, paid, offered or promised to pay, contributed offered or promised to contribute money or anything of value as consideration for his vote or for the vote of another; or

b) Made of received a promise to influence the giving or withholding of any such vote; or

c) Made a bet or is interested directly or indirectly in a bet that depends upon the results of the election.

In such case, the challenged voter shall take an oath before the BEI that he has not committed any of the acts alleged in the challenge. Upon taking such oath, the challenge shall be dismissed and the voter shall be allowed to vote. In case the voter refuses to take such oath, the challenge shall be sustained and the voter shall not be allowed to vote.

Section 26. Record of challenges and oaths. – The BEI shall record in the Minutes all challenges and oaths taken in connection therewith and its decision in each case.

Section 27. Rules to be observed during the voting. – During the voting, the BEI shall see to it that:

a) Voters shall vote in the order of their arrival in the polling place;

b) No watcher shall enter the place reserved for the voters and the BEI, nor mingle and talk with the voters;

c) No person carrying any firearm or any other deadly weapon, except those expressly authorized by the Commission, shall enter the polling place;

d) There shall be no crowding of voters and disorderly behavior inside the polling place; and

e) The ballot box shall remain locked during voting.

Section 28. Persons allowed inside the polling place. – Only the following persons shall be allowed inside the polling place:

f) Members of the BEI and support staff, if any;

g) Watchers who shall stay only in the space reserved for them;

h) Representative of the Commission;

i) Technical support staff assigned in the voting center duly designated by the Commission when summoned by the BEI in order to address some technical problems;

j) Voters casting their votes;

k) Voters waiting for their turn to cast their vote;

l) Other persons who may be specifically authorized by the Commission.

Unless specifically authorized by the Commission, it is unlawful for the following to enter any polling place or stay within a radius of fifty (50) meters thereof, except to vote:

1. Any officer or member of the Armed Forces of the Philippines or the Philippine National Police;

2. Any peace officer or any armed person belonging to any extra-legal police agency, special forces, reaction forces, strike forces, Civilian Armed Force Geographical Units, barangay tanods or other similar forces or para – military forces, including special forces, security guards, special policeman;

3. All other kinds of armed or unarmed extra-legal police forces; and

4. Any barangay official, whether elected or appointed.

However, the BEI may, by a majority vote, if it deems necessary , order in writing the detail of a policeman or any peace officer for its protection or for the protection of the election documents and paraphernalia. Such order shall be entered in the Minutes. Said policeman or peace officer shall stay outside the polling place near enough to be easily called by the BEI at anytime. In no case shall the said policeman or peace officer hold any conversation with any voter or disturb or prevent or in any manner obstruct the free access of the voters to the polling place.

Section 29. Prohibition on voting. – It shall be unlawful for a voter to:

a) Bring the ballot, ballot secrecy folder or marking pen outside of the polling place;

b) Speak with anyone other than as herein provided while inside the polling place;

c) Prepare his ballot without using secrecy folder or exhibit its contents;

d) Fill his ballot accompanied by another, except in the case of an illiterate or person with disability /disabled voter;

e) Erase any printing from the ballot, or put any distinguishing mark on the ballot;

f) Use carbon paper, paraffin paper or other means of making a copy of the contents of the ballot, or otherwise make use of any other scheme to identify his vote, including the use of digital cameras, cellular phones with camera or similar gadgets; and

g) Intentionally tear or deface the ballot.

h) To disrupt or attempt to disrupt the normal operation of the PCOS.

Section 30. Preparation of ballots for illiterate and person with disability/disabled voters. - No vote shall be allowed to vote as illiterate or person with disability/disabled unless such fact is indicated in the EDCVL or VRR. If so, he may be assisted in the preparation of his ballot, by any:

a. Relative within the fourth civil degree of consanguinity or affinity;

b. Any person of his confidence who belongs to the same household; or

c. Member of the BEI.

A person with physically impaired capacity to the AES may also be assisted in feeding his ballot into the PCOS. The assistor shall ensure that the contents of the ballot are not displayed during the feeding of the same into the PCOS.

All assistors must be of voting age.

No person may assist an illiterate or person with disability/disabled voter more than three (3) times, except the members of the BEI.

In all cases, the poll clerk shall first verify from the illiterate or person with disability/disabled voter whether the latter had authorized the assistor to help him to cast his vote.

The assistor shall, in the presence of the illiterate or person with disability/disabled voter, prepare the ballot using a ballot secrecy folder.

The assistor shall bind himself in writing and under oath to fill the ballot strictly in accordance with the instructions of the voter and not to reveal the contents thereof, by affixing his signature in the appropriate space in the Minutes.

Section 31. Accessibility of polling place to person with disability/disabled voters. – All polling places of precincts where there are persons with disability/disabled voters shall be located at the ground floor of the voting centers, unless not feasible. For this purpose, the Eos shall coordinate with the proper school or building officials.

Section 32. Prohibition against premature announcement of voting. – During the voting, no member of the BEI shall make any announcement as to whether a certain registered voter has already voted or not, as to how many have already voted or how many so far have failed to vote or any other fact tending to show or showing the state of the polls; nor shall he make any statements at any time, except as witness before a court or body as how many persons voted.

ARTICLE V
PROCEDURES OF VOTING, COUNTING OF VOTES AND TRANSMISSION OF PRECINCT RESULTS

Section 33. Preliminaries to the voting. – The BEI shall meet at the polling place at six o’clock in the morning of Election Day and do the following:

a) Ensure that it has all the election forms, documents and supplies needed including:

1) one (1) Button security key for the chairman of the BEI for the use in operating the PCOS; and

2) iButton security key and Personal Identification Number (PIN) for each member of the BEI for use to digitally sign the ERs before transmission.

iButtons will be found in the thermal printer compartment and the PINs will be in a separate envelopes found inside the PCOS box.

1. Post one copy of PCVL, of each precinct in the cluster, near or at the door of the polling place.

2. Before the voting begins; The chairman of the BEI shall:

a. Show to the public and the watchers present that the:

i. PCOS box is sealed;
BEI members and watchers shall check if the serial number of the seal used in the PCOS box is the same as the serial recorded during the testing and sealing

ii. Ballot box is locked and empty; and

iii. Package of official ballots and the Book of Voters are both duly sealed, and thereafter, break the seals;

b. Count the ballots manually. Enter in the Minutes the number of ballots; and the fact that the PCOS box, package ballots and the Book of Voters were shown to the public with the seals intact.

c. Remove the seal of the PCOS box, retrieve the PCOS from the box and show that the seals of the printer cover, main memory card slot and back-up memory card slot of the PCOS are intact. Record in the Minutes such fact and thereafter break the seal of the printer cover. The Main memory card slot and back-up memory card slot shall remain sealed during the voting.

d. Install the PCOS by:

i. Placing the PCOS properly on top of the ballot box;

ii. Connecting the battery of the PCOS; and

iii. Plugging the power cord.

e. Wait until the PCOS displays the message "PLEASE INSERT SECURITY KEY FOR AUTHENTICATION"

f. Place the iButton security key on top of the iButton security key receptacle and apply slight pressure thereon, until the message "SECURITY KEY VERIFIED" appears on the PCOS screen; and

g. Remove the iButton security key from its receptacle after which the PCOS shall display the main menu.

The chairman shall keep the iButton security key in his custody throughout the voting.

h. The Operator shall initialize the PCOS by:

i. Selecting "OPEN VOTING" from the Main Menu.

ii. The PCOS will request for the PIN of the poll clerk who will then enter his PIN and press "ENTER". The PCOS will validate the PIN and displays a message "PIN accepted". The PCOS will request for the second PIN from the third member who will then enter his PIN and press "ENTER". The PCOS will validate the PIN and displays a message "PIN ACCEPTED".

iii. The PCOS will then display two (2) options: "INITIALIZE VOTE COUNTERS" and "PREVIOUS SCREEN".

iv. Press the "INITIALIZE VOTE COUNTERS" option of the PCOS.

v. The PCOS shall display the message "INITIALIZING VOTE COUNTERS". Thereafter, PCOS shall automatically print the Initialization Report showing the ZERO ("0") vote for each candidate and the geographic information (province, city/municipality, barangay, voting center and cluster precinct).

vi. The PCOS shall display the message "PLEASE INSERT BALLOT". Now, the PCOS is ready to accept ballots.

vii. Detach Initialization Report and let the BEI and the watchers present affix their signatures thereon.

i. The chairman then place the report inside the envelope (A18-A) for submission to the Election Officer after the voting, for his safekeeping.

Section 34. Manner of obtaining ballots. – The voter shall:

1. Look for his name in the PCVL posted near the door of the voting center and determine his precinct number and sequence number;

2. Approach the BEI member or the support staff in-charge of the precinct, give his sequence number in the PCVL, name and address, together with the other data concerning his person.

3. The BEI or the support staff shall verify if the name of the voter is in the EDCVL. If the name of the voter is in the EDCVL, his identity shall then be established through the following:

i. His photograph in the EDCVL or specimen signatures in the Voters Registration Record (VRR) or any authentic document which may establish his identity except barangay certificate or community tax certificate; or

ii. In the absence of any of the above-mentioned proof of identity, any member of the BEI or any registered voter of the precinct/clustered precinct may identify under oath a voter, and such act shall be reflected in the Minutes.

If the BEI or support staff is satisfied with his identity, the name of the voter shall be distinctly announced in a tone loud enough to be heard throughout the polling place. Otherwise, the voter shall be directed to leave the polling place after informing him the reason thereof. If the voter is not challenged, or having been challenged, the question has been decided in his favor, the voter shall be directed to the chairman of the BEI.

Before giving the ballot to the voter, the chairman of the BEI shall:

a) Check if any of the fingernails of the voter has already been stained with indelible ink. If stained, it shall be a conclusive presumption that he has cast his vote. As such, the voter shall be directed to leave the polling place after informing him the reason of. This fact, including the name and the precinct of the voter, shall be recorded by the Poll Clerk in the Minutes;

b) After verifying that no fingernail has been stained, affix his signature in the EDCVL;

c) Authenticate the ballot by affixing his signature at the designated space at the front thereof.

The failure to authenticate the ballot shall not invalidate the ballot but shall constitute an election offense.

d) Instruct the voter on how to fill-up the ballot properly.

e) Insert the ballot in the secrecy folder in such a member that its face is covered, except the portion where his signature in the ballot appears, and give the ballot to the voter.

Only the chairman shall issue the official ballots, and not more than one ballot shall be issued at one time.

f) Require the voter to affix his signature on the proper space in the EDCVL.

Section 35. Manner of voting. – Voting shall be conducted in the following manner:

1. The voter shall, using a ballot secrecy folder and the marking pen provided by the COMELEC, fill his ballot by fully shading the oval beside the names of the candidates and political party participating in the party list system of representation of his choice.

2. The voter shall then approach the PCOS, insert his ballot in the ballot entry slot and wait until the ballot is dropped into ballot box. The BEI shall monitor the PCOS screen to make sure that the ballot was successfully accepted. Thereafter, the voter shall return the ballot secrecy folder and marking pen to the chairman.

3. The chairman shall apply indelible ink at the base and extending to the cuticle of the right forefinger nail of the voter, or any other nail if there be no forefinger nail.

4. The voter shall affix his thumbmark on the corresponding space in the EDCVL.

5. The voter shall then leave the polling place.

Section 36. Rejected ballots Procedure. – Ballots may be rejected by the PCOS during the scanning. In the event of a rejected ballot, the voter shall be allowed re-insert the ballot. If the PCOS still rejects the ballot, the voter shall return the ballot the Chairman who shall:

1. Distinctly mark the back thereof as "Rejected,"

2. Require all members of the board to sign at the back thereof, and place inside the Envelope for Rejected Ballots (A15).

No replacement ballot shall be issued to a voter whose ballot is rejected by the PCOS.

Any party objecting to the rejection of the ballot shall reduce his objection in writing, which the board shall attach and note in the Minutes.

Section 37. Disposition of unused ballots. – After the voting, the chairman in the presence of the BEI shall:

1. Record in the Minutes the quantity of unused ballots.

2. Tear the unused ballots in half lengthwise.

3. Place one half shall be placed in the envelope (A15), and submit to the EO for safekeeping,

4. Place the other half in another envelope (A15), and then deposit inside the compartment of the ballot box for valid ballots.

Such fact shall be entered in the Minutes.

Section 38. Counting of ballots and transmission of results; Procedure.

1. At the end of voting and before the start of counting of votes, the procedure of validating the iButton security key stated in Section 33 (6 and 7) herein shall be performed.

2. The Operator shall then press the "CLOSE VOTING" option in the Main Menu.

3. The screen will display a message "ARE YOU SURE YOU WANT TO CLOSE VOTING? No more ballots will be accepted after this." Select "Yes" option.

4. The PCOS will request for the PIN of the poll clerk who will then enter his PIN and press "Enter". The PCOS will validate the PIN and displays a message "PIN accepted". The PCOS will request for the second PIN from the third member who will then enter his PIN and press "Enter". The PCOS will validate the PIN and displays a message "PIN accepted".

5. The screen will then display a message "POLL IS BEING CLOSED PLEASE WAIT".

6. Thereafter, the PCOS shall automatically count the votes. After all the votes have been counted, the PCOS shall immediately display:

a. A message "PRINTING 8 COPIES OF ELECTION RETURNS (ER) FOR NATIONAL POSITIONS. PLEASE WAIT…" and automatically prints the 8 copies, followed by a message "PRINTING 8 COPIES OF ELECTION RETURNS (ER) FOR LOCAL POSITIONS. PLEASE WAIT…" and automatically prints the 8 copies.

b. The chairman of the BEI shall publicly announce the total number of votes received by each candidate, stating their corresponding offices.

The poll clerk shall announce the posting of a copy of the second copy of the ER both for national and local positions on a wall within the premises of the polling place/counting center which must be sufficiently lighted and accessible to the public, and proceed to post such copies.

After forty-eight (48) hours following the posting, the chairman of the BEI shall detach the posted printed copy in the wall and keep the same in his custody to be produced as may be requested by any voter for image or data capturing or for any lawful purpose as may be ordered by competent authority.

c. Require for the digital signature of the members of the BEI. Each member shall insert his iButton security key intended for the digital signature in the iButton security key receptacle;

d. The PCOS will display a message "READY TO TRANSMIT. PLEASE PLUG IN TRANSMISSION CABLE TO ELECTRONICALLY TRANSMIT ELECTION REPORTS AND PRESS OK TO CONTINUE".

The "OK" button is to check whether the modem is properly connected.

If the modem is properly connected, the PCOS will display the message "TRANSMISSION CABLE CONNECTED. BEGINNING TRANSMISSION REPORTS"

If checking of modem fails, the PCOS will display the message "TRANSMISSION CABLE NOT CONNECTED. RETRY?" with "YES" and "NO" buttons.

Check the connection of the modem to the PCOS and if it is properly set up, press the "YES" buttons.

If after three (3) attempts, the modem still fails, call the support technician.

If the modem is properly connected, the PCOS will display the message "TRANSMISSION CABLE CONNECTED. BEGINNING TRANSMISSION OF REPORTS"

a. A message "ELECTRONICALLY TRANSMITTING ELECTION REPORTS TO PLEASE WAIT…" followed by "ELECTION REPORTS SUCCESSFULLY TRANSMITTED TO "

If transmission fails, PCOS will display a message "FAILED TO TRANSMIT ELECTION REPORTS TO . PRESS RETRY TO TRY AGAIN OR SKIP TO TRANSMIT TO THE NEXT LOCATION"

Press "RETRY" button. If after three (3) attempts, the transmission still fails, press the "SKIP" button for the PCOS to transmit to the next destination.

b. A message "ELECTRONICALLY TRANSMITTING ELECTION REPORTS TO *DMAP-DMIP-ACA-KBP PLEASE WAIT…" followed by "ELECTION REPORTS SUCCESSFULLY TRANSMITTED TO KBP…"

If transmission fails, PCOS will display a message "FAILED TO TRANSMIT ELECTION REPORTS TO DMAP-DMIP-ACA-KBP PRESS RETRY TO TRY AGAIN OR SKIP TO TRANSMIT TO THE NEXT LOCATION"

Press "RETRY" button. If after three (3) attempts, the transmission still fails, press the "SKIP" button for the PCOS to transmit to the next destination.

c. A message "ELECTRONICALLY TRANSMITTING ELECTION REPORTS TO CENTRAL SERVER PLEASE WAIT…" followed by "ELECTION REPORTS SUCCESSFULLY TRANSMITTED TO CENTRAL SERVER" shall appear.

If transmission fails, PCOS will display a message "FAILED TO TRANSMIT ELECTION REPORTS TO CENTRAL SERVER. PRESS RETRY TO TRY AGAIN OR SKIP TO TRANSMIT TO THE NEXT LOCATION"

Press "RETRY" button. If after three (3) attempts, the transmission still fails, press the "SKIP" button for the PCOS to transmit to the next destination.

d. A message "ALL ELECTION REPORTS HAVE BEEN SUCCESSFULLY TRANSMITTED TO , DMAP-DMIP-ACA-KBP AND TO CENTRAL SERVER. PLEASE DISCONNECT TRANSMISSION CABLE" shall appear

e. The PCOS shall print the remaining twenty two (22) copies of ERs, a copy of statistical report and audit log report. The Statistical Report and Audit Log Report shall be placed in the envelope (A18-A) where the Initialization Report was placed.

If additional copies of reports are needed, go to the main menu and print additional copies by complying with the following procedures:

1. Select "PRINT REPORTS". The PCOS will display a message "PLEASE SELECT WHICH REPORT YOU WOULD LIKE TO PRINT". Select report to print e.g. ER for national, ER for local, Statistical Report, Audit Log Report.

* DMAP-DMIP-ACA-KBP (Dominant Majority Party, Dominant Minority Party, Accredited Citizen’s Arm, Kabisanan ng mga Brodkaster ng Pilipinas)

2. Select report. The PCOS will display a message "PLEASE ENTER THE NUMBER OF COPIES TO PRINT".

3. Press the number of copies to print and press "ENTER". The PCOS will display a message

4. "PRINTING COPIES OF REPORT. PLEASE WAIT."

5. After printing the reports, the PCOS will automatically display the main menu.

f. After printing all the reports:

1. The members of the BEI shall affix their signatures and thumb marks on the 30 printed ERs.

2. The BEI shall ask the watchers present to affix their signatures on the printed election returns.

Unless otherwise ordered by the Commission, the BEI shall not stop or postpone the counting until it has been completed.

In case a PCOS fails to count the vote or transmit/print the results, the Operator shall announce the error and undertake the necessary corrective measures. Should the Operator be unable to correct the error, he shall call on the Technical Support personnel assigned to the Voting Center for assistance. Such fact shall be noted in the Minutes.

Section 39. Disposition of Election Returns. – After the printing of the election returns, the BEI shall individually fold the first eight (8) copies of election returns, seal each of them with serially numbered paper seals, place in the envelope (A17), and seal the envelopes for distribution to the follwing:

A. In the election of president, vice-president, senators and party-list system:

1. City or Municipal Board of Canvassers;

2. Congress, directed to the President of the Senate;

3. Commission;

4. Citizens’ arm authorized by the Commission to conduct an unofficial count;

5. Dominant majority party as determined by the Commission in accordance with law;

6. Dominant minority party as determined by the Commission in accordance with law;

7. Ballot box;

8. Ten (10) accredited major national parties, excluding the dominant majority and minority parties, in accordance with a voluntary agreement among them. If no such agreement Is reached, the Commission shall decide which parties shall receive the copies on the basis of the criteria provided in Section 26 of Republic Act No. 7166.

9. Two (2) accredited major local parties in accordance with a voluntary agreement among them. If no such agreement is reached, the Commission shall decide which parties shall receive the copies on the basis of criteria analogous to that provided in Section 26 of Republic Act No. 7166.

10. Four (4) national broadcast or print media entities as may be equitably determined by the commission in view of propagating the copies to the widest extent;

11. Two (2) local broadcast or print media entities as may be equitably determined by the Commission in view of propagating the copies to the widest extent possible;

12. Four (4) major citizens’ arms, including the accredited citizens’ arms, and other non partisan groups or organizations enlisted by the Commission pursuant to Section 52(k) of Batas Pambansa Blg. 881. Such citizens ‘s arms, groups and organizations may use the four certified copies of election returns for the conduct of citizens’ quick counts at the local or national levels; and

13. One (1) to be posted conspicuously on wall within the premises of the polling place or counting center

B. In the election of local officials and members of the House of Representatives;

1. City or municipal board of canvassers;

2. Commission;

3. Provincial Board of Canvasser;

4. Citizens’ arm authorized by the Commission to conduct an unofficial count;

5. Dominant majority party as determined by the Commission in accordance with law;

7. One (1) to be posted conspicuously on a wall within the premises of the polling place or counting center;

8. Ballot box

9.Ten (10) accredited major national parties, excluding the dominant majority and minority parties, in accordance with a voluntary agreement among them. If no such agreement is reached, the Commission shall decide which parties shall receive the copies on the basis of the criteria provided in Section 26 of Republic Act No. 7166

10. Two (2) accredited major local parties in accordance with voluntary agreement among them. If no such agreement is reached, the Commission shall decide which parties shall receive the copies in the basis of criteria analogous to that provided in Section 26 of Republic Act No. 7166

11. Five (5) national broadcast or print media entities as may be equitably determined by the Commission in view of propagating the copies to the widest extent possible

12. Two (2) local broadcast or print media entities as may be equitably determined by the Commission in view of propagating the copies to the widest extent possible; and

13. Three (3) major citizens’ arms, including the accredited citizens’ arm, and other non-partisan groups or organizations enlisted by the Commission pursuant to Section 52(k) of Batas Pambansa Blg. 881. Such citizens’ arms, groups and organizations may use the five certified copies of election returns for the conduct of citizens’ quick counts at the local or national levels;

Section 40. Shutting Down of the PCOS. – After the printing of all reports and transmission of precinct results to all destinations, the PCOS shall automatically display the main menu.

a.) The operator shall press the SHUTDOWN option; and

b.) The PCOS shall automatically shutdown.

Section 41. Disposition of PCOS, ballot boxes, keys, Election Returns and other document. – Upon the termination of the counting of votes and the announcement of the results of the election in the precinct, the BEI shall:

a) Place inside the ballot box the sealed envelops containing the following:

1 Copy of Printed ER intended for the ballot box;

2 Copy of the Minutes of Voting and Counting of Votes intended for the ballot box;

3 Half of torn unused ballots; and

4 Rejected Ballots.

b) Close the ballot box; lock it with one (1) self-locking serially numbered fixed length seal and three (3) padlocks. The three (3) keys to the padlocks shall be placed in separate envelopes, which shall be sealed and signed by all members of the BEI;

c) Turn-over the PCOS to the support technician in the voting center.

d) Deliver the ballot box, accompanied by watchers, to the city or municipal treasurer.

For this purpose, the city/municipal treasurer shall provide at the voting center the necessary personnel and facilities for said delivery at the expense of the city/municipality.

In case the ballot box delivered by the BEI is not locked and/or sealed, the treasurer shall lock and/or seal the ballot box. The treasurer shall include such fact, including the serial number of the self-locking serially numbered fixed length seal used, in his report to the Commission.

e) Deliver to the Election Officer:

1. Book of Voters;

2. EDCVL;

3. PCVL;

4. Three (3) envelopes, each containing a key to a padlock of the ballot box, which shall each be delivered, under proper receipt, to the Provincial Election Supervisor, Provincial Prosecutor and Provincial Treasurer;

5. Envelope (A11) containing the copy of the Minutes intended for the Commission;

6. Envelope (A15) containing the other half of torn unused official ballots;

7. List of Voters allowed to vote, if any, after 6:00 o’clock in the evening of May 10, 2010;

8. Envelope containing the Back-up Memory card, Initialization Report, Precinct Audit Log Report and Precinct Statistics Report;

9. The envelopes containing copies of the election returns intended for the Provincial Board of Canvassers, Regional Board of Canvassers and the Commission on Elections; and

10. Other pertinent papers and documents

After the counting of votes, the Provincial Election Supervisor, EO or the Treasurer, shall require the BEI which failed to deliver the election documents or paraphernalia mentioned herein to deliver the same immediately.

ARTICLE VI
COMMON PROVISIONS

Section 43. Preservation of the list of voters. – The EO shall keep the EDCVL and PCVL in a safe place until such time that the Commission gives instructions on their disposition.

Section 44. Omission or erroneous inclusion of documents in ballot box. – If after locking the ballot box, the BEI discovers that some documents or articles required to be placed in the ballot box were not placed therein, the BEI, instead of opening it to place therein said documents or articles, shall deliver the same to the Election Officer. The Election Officer shall take appropriate measures to preserve the integrity of the documents.

In no instance shall the ballot box be reopened to place therein or to take out, therefrom any document or article except in proper cases and with prior written authority of the Commission to retrieve copies of the election returns which will be needed in any canvass. In such instance, the members of the BEI and the watchers shall be notified of the time and place of the opening of said ballot box. However, if there are other authentic copies of the election returns outside of the ballot box which can be used in the canvass, such copies of the election returns shall be used in said canvass and the opening of the ballot box to retrieve copies of the election returns placed therein shall then be dispensed with.

Section 45. Special procedures. – The express provisions of this Resolution notwithstanding, the Commission may, in exceptional cases, adopt special procedures in the voting, counting, consolidation, transmission, storage, custody, distribution and retrieval of accountable forms and paraphernalia to fulfill its constitutional mandate to ensure free, orderly, honest, peaceful and credible elections.

Section 46. Effectivity. – This Resolution shall take effect on the seventh (7th) day after its publication in two (2) daily newspapers of general circulation in the Philippines.

Section 47. Publication and dissemination. – Let the Education and Information Department, this Commission, cause the publication of this Resolution in two (2) daily newspapers of general circulation and furnish copies thereof to all Regional Election Directors, Provincial Election Supervisors, Election Officers and Boards of Election Inspectors.

SO ORDERED.

JOSE A.R. MELO
Chairman

RENE V. SARMIENTO
Commissioner NICODEMO T. FERRER
Commissioner
LUCENITO M. TAGLE
Commissioner ARMANDO C. VELASCO
Commissioner
ELIAS M. YUSOPH
Commissioner GREGORIO Y. LARRAZABAL
Commissioner

The Lawphil Project - Arellano Law Foundation