Republic of the Philippines
COMMISSION ON ELECTIONS
Manila
SPECIAL PROCEDURES ON THE DELIVERY AND TRANSMITTAL OF THE PRINTED COPIES OF THE ELECTIONS RETURNS.
RESOLUTION No. 8803 March 16, 2010
WHEREAS, Section 46 of Comelec Resolution No. 8786 dated March 04, 2010, entitled "Revised 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", provides:
"SEC. 46. 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.
WHEREAS, in the said Resolution, there are no specific procedures for the delivery and transmittal of the printed copies of the election returns;
NOW, THEREFORE, by virtue of the powers vested in it by the Constitution of the Republic of the Philippines, the Omnibus Election Code, Republic Act No. 9369, and other election laws, the Commission on Elections RESOLVED as it hereby RESOLVES to promulgate the following procedures for the delivery and transmittal of the printed copies of the election returns in connection with the May 10, 2010 national and local elections:
Section 1. Delivery and transmittal of the printed copies of the election returns by the BEI. - The BEI shall deliver to the Election Officer the envelopes containing the printed copies of the election returns intended for the following:
a. Commission on Elections;
b. Congress, directed to the President of the Senate; and
c. Provincial Board of Canvassers
The envelope containing the printed copy of the election returns intended for the city/municipal board of canvassers to the Reception and Custody Group of said board. The envelope containing the printed copies of the election returns intended for the other parties or organizations who have been authorized by said parties or organizations. If there are no party or organizations representatives in the polling place, the copy shall be delivered to the Election Officer who shall take custody and safe-keep said documents.
Section 2. Delivery and transmittal of election returns by the election officer. - The Election Officer shall segregate the envelopes containing the printed copies of the elections returns intended for the Commission on Elections, Congress, and Provincial Board of Canvassers, and deposit them in ballot boxes. Thereafter, the Election Officer shall lock each ballot box with three padlocks, and deliver the ballot boxes and their keys to the body or offices concerned with sufficient security escort from either the PNP or AFP and watchers of political parties, candidates, and the accredited citizens arm, as follows
a. In the Metro Manila area:
The ballot boxes, and their keys, bearing the envelopes containing the printed copies of the election returns intended for the Congress, the Commission, and the provincial board of canvassers, shall be delivered to the Regional Election Director of the National Capital Region (NCR). The NCR Regional Election Director shall, transmit the ballot boxes, together with their keys, that are intended for Congress and the Commission to the said offices. The ballot boxes intended for the provincial board of canvassers, with their keys, shall by the NCR Regional Election Director.
b. In areas outside Metro Manila area:
The ballot boxes, and their keys, bearing the envelopes containing the printed
copies of the election returns intended for the Congress, the Commission, and the provincial board of canvassers, shall be submitted by the Election Assistant in the Office of the Election Officer concerned, to the Office of the Provincial Election Supervisor, using the fastest means available, not later than twelve 0'clock noon on May 11, 2010.
If within six hours of the first delivery, not all of the election returns from the precincts of the city or municipality have been submitted, the Election Officer shall designated other personnel in his office who is trustworthy to receive and deliver the remaining copies of the election returns to the Office of the Provincial Election Supervisor.1avvphi1
In all instances, the Election Officer and the Election Assistant shall observe and comply with the above procedure of delivering said copies of the election returns at intervals of six hours or shorter when possible until all the elections returns in his jurisdiction are delivered to the Office of the Provincial Election Supervisor at the earliest possible time, but not later than May 12, 2010.
Section 3. Delivery and transmittal of election returns by the provincial election supervisor. - The most senior and able election assistant in the office of the provincial election supervisor shall received the copies of the election returns delivered by the election assistants of the cities/municipalities of the province, issue proper receipt therefore. Said election assistant shall immediately submit the copy of the election returns intended for the provincial board of canvassers to the said board.
For purposes of transmitting copies of the election returns intended for the Congress and the Commission, the provincial election supervisor shall designate a senior and able election assistant to transmit the same to the Office of the Senate President and to the Commission, within twelve hours from the first delivery, using the fastest means of transportation. Copies of election returns which are received after the departure of said personnel shall be delivered to the Congress and to the Commission by other responsible personnel in the office of the provincial election supervisor within twelve hours from the delivery.
In all instances, the provincial election supervisor shall see to it that the above procedure of delivering copies of the election returns at intervals of twelve hours or shorter when possible is faithfully complied with to the end that all copies, delivery shall be undertaken with sufficient security escort and watchers of candidates, parties, organizations or coalition thereof.
Section 4. Repealing provision. - Any provision in Comelec Resolution No. 8786 dated March 04, 2010, entitled "Revised General Instructions for the Board of Election Inspectors (BEI) On the Voting, Counting, and Transmissions of Results In Connection With the 10 May 2010, National and Local Elections", that are inconsistent with the procedures in this Resolution is hereby repealed or modified accordingly.
Section 5. Effectivity. - This Resolution shall take effect on the seventh (7th) day after its publication in two (2) newspapers of general circulation in the Philippines.
Section 6. Publication and dissemination. - The Education and Information Department (EID) of the Commission on Elections shall cause the publication of this Resolution in two (2) newspapers of general circulation in the Philippines, and immediately furnish copies thereof to all election officers, provincial election supervisors, regional election directors, the Department of Education, the Philippine National Police, and the Armed Forces of the Philippines.
SO ORDERED.
(Sgd.)JOSE A.R. MELO
Chairman
(Sgd.)RENE V. SARMIENTO
Commissioner |
On Official Business
NICODEMO T. FERRER
Commissioner |
On Official Business
LUCENITO N. TAGLE
Commissioner |
On Official Business
ARMANDO C. VELASCO
Commissioner |
(Sgd.)ELIAS R. YUSOPH
Commissioner |
(Sgd.)GREGORIO Y. LARRAZABAL
Commissioner |
Source: Manila Bulletin - March 18, 2010
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