Republic of the Philippines
COMMISSION ON ELECTIONS
Manila
RESOLUTION No. 8824
SUPPLEMENTAL GUIDELINES FOR THE GENERAL INSTRUCTIONS FOR THE BOARD OF ELECTION INSPECTORS IN CONNECTION WITH THE MAY 10, 2010 NATIONAL LOCAL ELECTION ON THE OPENING AND CLOSING OF THE BALLOT BOX FOR THE PURPOSE OF MAKING ROOM FOR ADDITIONAL BALLOTS.
WHEREAS, on March 04, 2010, the Commission on Elections promulgated Resolution No. 8786, providing for the General Instructions for the Board of Election Inspectors (BEI) on the voting, counting, and transmission of results in connection with the May 10, 2010 National and Local Elections;
WHEREAS, Section 27 of Resolution No. 8786 provides that it shall be the duty of the BEI to see to it that the ballot box shall remain locked during the voting;
WHEREAS, Section 191 (e) of the Omnibus Election Code (B.P. 881) provides in part: "(e) The box shall remain locked until the voting is finished and the counting begins. However, if it should become necessary to make room for more ballots, the board of election inspectors may open the box in the presence of the whole board of election inspectors and the watchers, and the chairman shall press down with his hands the ballots contained therein without removing any of them, after which the board of election inspectors shall close the box and lock it with three padlocks as hereinbefore provided."
WHEREAS, Section 15 of Republic Act No. 9369 provides:
SEC. 15. Section 14 of Republic Act No. 8436 is hereby amended to read as follows:
SEC. 18. Procedure in voting. – The Commission shall prescribe the manner and procedure of voting, which can be easily understood and followed by the voters, taking into consideration, among other things, the secrecy of the voting."
WHEREAS, in order to ensure the smooth operation and forestall any possible blockage of official ballots from the Precinct Count Optical Scan (PCOS) machine to the ballot box, there is a need to provide for additional guidelines as to the opening of the ballot box during the voting in order to make room for additional official ballots;
NOW, THEREFORE, the Commission on Elections, pursuant to the powers vested in it by the Constitution, the Omnibus Election Code, Republic Act No. 9369 and other related laws election laws, RESOLVED, as it hereby RESOLVES, to promulgate this Resolution supplementing the provisions of Resolution No. 8786, as follows:
1. The Board of Election Inspectors shall see to it that the ballot box shall remain sealed and locked during the voting, counting and transmission of results. However, if it should become necessary to make room for additional official ballots, the BEI, through the chairman, may, in the presence of the members and watchers, unlock the padlocks of the ballot box, open the ballot box and press down with his hands the ballots contained therein without removing any them, after which the BEI shall again close the ballot box and lock it with padlocks as provided;
2. Such fact of opening and closing of the ballot box for the purpose of making room for additional ballots shall be recorded in the Minutes of Voting and Counting;
3. This Resolution shall be made applicable to the General Instructions for the Special Board of Election Inspectors in the conduct of the Overseas Absentee Voting.1avvphil
Let the Education and Information Department cause the publication of this Resolution in at least two (2) newspapers of general circulation, and furnish copies thereof to all field offices of the Commission, and to the Boards of Election Inspectors.
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
The Lawphil Project - Arellano Law Foundation
