Republic of the Philippines
COMMISSION ON ELECTIONS
Manila
RESOLUTION No. 8823
IN THE MATTER OF DEFINING THE CHAIN OF CUSTODY AND RESPONSIBILITY OVER THE PCOS MACHINES AND THE SECURITY ASSISTANCE TO BE PROVIDED BY THE PHILIPPINE NATIONAL POLICE (PNP) AND THE ARMED FORCES OF THE PHILIPPINES (AFP) IN THE: (1) DEPLOYMENT AND RETRIEVAL OF PCOS MACHINES AND ITS ACCESSORIES; (2) DELIVERY OF OFFICIAL BALLOTS; (3) SECURITY OF THE POLLING CENTERS; AND (4) RETRIEVAL OF BALLOT BOXES, ELECTION DOCUMENTS AND OTHER PARAPHERNALIA.
WHEREAS, in a letter dated March 22, 2010, Police Director General Jesus A. Verzosa, CEO VI, Chief, PNP, requested the issuance of a COMELEC Resolution defining the following:
1) Security role/assistance to be rendered by the PNP and AFP in the deployment and retrieval of PCOS machines and its accessories, delivery of official ballots, among other things; and
2) The chain of custody and responsibility of the PCOS machines and accessories from the Central Warehouse to the polling centers, while said machines in the polling centers and back;
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, RESOLVES as it RESOLVES, as follows:
Section 1. Transport of PCOS machines, accessories, official ballots and other election paraphernalia. – The PNP or AFP through the appropriate Joint Security Control Centers (JSCCs) shall:
a) Provide security assistance, as necessary, to secure the PCOS machines, accessories, and official ballots and other election paraphernalia while in transit;
b) Provide perimeter security to all hubs and subhubs in coordination with the regional/provincial/city JSCCs and with the Election Officer concerned in the case of hubs/subhubs located in municipalities or component cities.
c) Provide appropriate security to polling centers, BEIs, and accredited citizens arm volunteers before the arrival of the PCOS machines and accessories at the said centers, while the PCOS machines are at the said centers until election day and after these machines are turned over by the BEIs to the SMARTMATIC-TIM technicians for retrieval operations, subject to Section 4 hereof;
d) Ensure that appropriate security measures, commensurate to the threat situation in particular areas, are observed while the PCOS machines are still in the polling centers; and
e) PNP and AFP vehicles shall not be used during the transport PCOS machines, accessories, official ballots and other election paraphernalia unless, on extreme cases, directed in writing by the concerned COMELEC official who has jurisdiction of the area where the emergency happened or occurred. The responsibility or any all liability that may arise from the further handling and transport of PCOS machines to their ultimate destination while in a military or police vehicle remains with SMARTMATIC-TIM to the exclusion of the PNP or AFP, Likewise, PNP and AFP security personnel shall not participate in the physical handling of any election paraphernalia/equipment.
Section 2. Custody of the PCOS machines and accessories. – SMARTMATIC-TIM shall have custody of the PCOS machines and accessories during transport from the central warehouse to the hubs or subhubs, and up to the polling centers. The custody shall shift to the Election Officer concerned when the PCOS machines and accessories are turned-over to the corresponding BEIs. For this purpose, upon delivery of the PCOS machines and accessories to the designated polling places, the BEIs shall receive said machines and accessories for and in behalf of the Election Officer. In no case shall these machines and accessories be left in the said polling places without any security.
After the conduct of elections, the BEIs shall turn-over the PCOS machines to the SMARTMATIC-TIM technicians. At this point, the custody of the PCOS shifts back to the SMARTMATIC-TIM. Thereafter, the SMARTMATIC-TIM shall have custody and responsibility over the PCOS machines for their retrieval and transport back to the Central Warehouse.
Section 3. Security of PCOS machines and their accessories at the Polling Centers. – After the testing and sealing, the PCOS machines and accessories will remain and be secured in the polling places where they were tested and sealed. However, the PCOS machines and accessories may be stored in one (1) or more rooms in the same polling center for security reasons. For this purpose, additional rooms located in the polling centers may be used if one (1) room is not enough. In case the polling centers are not segregated by room as in the case of a basketball court or a gymnasium, the PCOS may be stored in one area within the court or gymnasium or in a room, if any, within said facility. The Election Officer shall, in coordination with the AFP and the PNP, determine whether the PCOS machines and their accessories will be secured in the polling places where they were tested or stored in one (1) or more rooms within the same polling center.
Section 4. Security of the Polling Centers and the BEIs. – On the election day, security elements shall stay beyond the fifty (50)-meter radius from the polling center they are securing except when there is an actual disturbance of the peace and order therein, without need of a written BEI directive. However, the BEI upon majority vote, if it deems necessary, may make a call in writing for the detail of security personnel for their protection or for the protection of election documents or paraphernalia, in which case, the said personnel shall stay outside the polling place and within a radius of thirty (30) meters near enough to be easily called by the BEI at any time, but never at the door, and in no case shall the said security personnel 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.
JSCCs may establish security assistance desk to oversee security in the area, subject to the 1st paragraph of Section 4 hereof.
Section 5. Security provisions during the retrieval of PCOS machines and election returns and other documents and paraphernalia.
The JSCC shall provide appropriate security escorts to the BEIs carrying the election returns and other documents and paraphernalia from the Polling Centers to the City/Municipal Treasurer’s Office and to the municipal/city board of canvassers.1avvphi1
PNP and AFP units shall provide the necessary security measures during the retrieval of the PCOS machines, upon request by the SMARTMATIC-TIM consortium.
Section 6. Coordinating instructions – All Regional Election Directors, Provincial Election Supervisors and Election Officers, and the SMARTMATIC-TIM consortium and its representatives/facilitators in the field, are hereby directed to provide all the necessary information needed by the PNP or AFP to effectively implement this Resolution.
Section 7. Applicability to other activities requiring AFP or PNP security. – This Resolution shall insofar as applicable, also apply to other activities requiring AFP or PNP security.
Section 8. Effectivity. – This Resolution shall take effect upon its publication in two (2) daily newspapers of general circulation in the Philippines.
Section 9. Publication and dissemination. – The Education and Information Department shall cause the publication of this Resolution in two (2) daily newspapers of general circulation in the Philippines and to furnish the Department of Education, the PNP, AFP, the Regional Election Directors, the Provincial Election Supervisors, and Election Officers, with copies of the Resolution, for their information and guidance.
SO ORDERED.
(Sgd.)JOSE A.R. MELO
Chairman
(Sgd.)RENE V. SARMIENTO
Commissioner |
(Sgd.)NICODEMO T. FERRER
Commissioner |
(Sgd.)LUCENITO N. TAGLE
Commissioner |
(Sgd.)ARMANDO C. VELASCO
Commissioner |
On Official Leave
ELIAS R. YUSOPH
Commissioner |
(Sgd.)GREGORIO Y. LARRAZABAL
Commissioner |
Source: A25, PDI, April 27, 2010
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