Resolution No. 10090

WHEREAS, the Commission promulgated Resolution No. 10078 on 11 March 2016 entitled In the Matter of the General Instructions for the Conduct of Random Manual Audit (RMA) for the 9 May 2016 Automated Synchronized National and Local Elections and Subsequent Elections Thereafter;

WHEREAS, for purposes of encouraging increased public participation in the conduct of RMA, a change of venue from the polling place of the randomly selected clustered precinct to an RMA Center has been proposed and approved;

WHEREAS, there is a need to amend relevant parts of Resolution No. 10078 in order to implement the above-stated change of venue for the conduct of RMA;

NOW THEREFORE, pursuant to the powers vested in it by the Constitution and other existing laws, the Commission RESOLVED, as it hereby RESOLVES to promulgate the following amendments to the General Instructions for the conduct of Random Manual Audit relative to the 9 May 2016 National and Local Elections and subsequent elections thereafter:

SECTION 1. Section 5 is hereby amended to read as follows:

SECTION 5. Selection. Process of Areas to be Audited. -

1. Random selection of the clustered precinct/ s to be audited per legislative district will be done not later than four (4) days prior to the day of the Elections by the RMA Committee. The List of Specific Clustered Precinct/s per legislative district that will undergo RMA shall be disclosed at the close of the voting hours on the day of the Election.
2. At least one (1) clustered precinct per legislative district shall be randomly selected for audit, the number of which shall be proportional to the total number of clustered precincts of the legislative district over the total number of clustered precincts nationwide. The random selection shall be done using an automated random selection program. The source code of the software used for the random selection may be reviewed by representatives of Registered Political Parties and Accredited Citizen's Arm Groups. The computation for the proportionate allocation of clustered precincts and the design of the automated random selection program shall be provided by the Philippine Statistics Authority (PSA).
   
   b.1. Registered Political Parties and Accredited Citizens' Arm Groups interested in conducting a Source Code Review as herein provided shall signify their intent in writing and submit the methodologies, which they intend to use, as well as the names of their representative who will review the Source Code, on or before the 15th of March of the year of the Elections for approval of the Commission on Elections.
   
   b.2. Registered Political Parties and Accredited Citizens' Arm Groups shall execute a Non-Disclosure Agreement before conducting a Source Code Review.
   
   b.3. The Commission shall provide a secure and enclosed facility/ location for the conduct of the Source Code Review and shall properly record all entries to and exits from the said facility/location.
   
   b.4.The Commission shall provide only a read-only copy of the Source Code, which shall be viewed in a workstation inside the secured facility/ location.
   
   b.5. Registered Political Parties and Accredited Citizens' Arm Group shall not take out any copy of the Source Code or any part thereof from the secured facility/location.
   
   b.6. The Commission shall not permit any electronic device, including but not limited to laptops, mobile phones, camera, USB drives and other storage devices, inside the secure facility/location.
   
   b.7. Source Code Review must be initiated by the first week of April of the year of the Elections but must be finished within fifteen (15) days thereafter.
   
   b.8. Each Registered Political Party or Accredited Citizens' Arm Group that conducted a Source Code Review shall submit a Report to the Commission within ten (10) days from completion of the review.
3. The selection of the clustered precinct/s per legislative district will be open for observation of bona fide Candidates, Registered Political Parties and Accredited Citizens' Arm Groups.
4. The RMA Committee shall inform all Coordinators of the specific list of randomly selected clustered precinct/s per legislative district to ensure the following: a) the effective dissemination of information to the Reception and Custody Group of the City/Municipal Board of Canvassers to turn-over the ballot box to the RMAT members at the RMA Center; and b) the effective conduct of RMA.

SECTION 2. Section 6 is hereby amended to read as follows:

SECTION 6. Date Time and Place of RMA -

1. The RMA shall take place in the RMA Center/s to be designated by the RMA Committee. The RMA Center/s shall, as far as practicable, be situated in a secure location within the city or municipality of the randomly selected clustered precinct/s.
2. The RMA shall be conducted immediately upon turn-over and proper endorsement of the ballot box of the randomly selected clustered precinct by the Reception and Custody Group of the City/Municipal Board of Canvassers to the RMAT at the RMA Center.
3. The RMA shall be conducted in the presence of Poll Watchers, Registered Political Parties Citizens' Arm Groups, Media and the Public.
4. Upon commencement of the RMA until the same is terminated, the regular BEI shall not be allowed inside the RMA Center or to communicate with RMAT in whatever manner.
   
   The RMAT may choose, upon majority vote, to conduct the RMA at 7:00 0'clock in the morning the day after Elections only upon exceptional circumstances such as:
   1. the RMA Center is affected by a power interruption;
   2. fire and any other calamity i n the RMA Center or within the immediate area;
   3. occurrence of violence in the RMA Center or within the immediate area; and
   4. other circumstances analogous to the foregoing.
   In such event, RMAT should appraise the present Poll Watchers of their decision and notify the Coordinator, who shall make arrangements for the security of the sealed ballot box and the place for the RMA. The RMAT shall moreover submit a Report to the RMA Committee regarding their decision, the arrangements for the security of the sealed ballot box and the place for the RMA.

SECTION 3. Section 7 is hereby amended to read as follows:

SECTION 7. Deployment of the RMAT and Turn-over of Ballot Boxes. -

1. Not later than noon of the day of Elections, the Coordinator shall be responsible for the speedy distribution of the Appointment Papers and RMA Kits to the RMAT members within his/her jurisdiction.
2. After the RMAT members have accomplished their Appointment Papers and received their RMA Kit, the Coordinator shall assign the RMAT members to a designated RMA Center.
3. The RMAT members shall proceed to the RMA Center immediately upon receipt of their assignment from the Coordinator.
4. Upon arrival at the RMA Center, the RMAT members shall organize their workstation/s in an orderly manner. The RMAT members shall take out all forms in their RMA Kit.
   
   The Chairman shall take in his/her possession the three (3) copies of the Minutes of the RMA. The Secretary shall hold the six (6) copies of the Audit Returns. The Third Member shall post the Tally Board in its proper place.
   
   After which, the RMAT members shall wait for the turn-over and proper endorsement of the ballot box of the specific randomly selected clustered precinct assigned to them for audit by the Reception and Custody Group of the City/Municipal Board of Canvassers.

SECTION 4. Effectivity and Dissemination. - This Resolution shall take effect immediately upon its publication in two (2) daily newspapers of general circulation in the Philippines.

The Education and Information Department shall cause the publication of this Resolution and shall furnish copies thereof to all Regional Election Directors, Provincial Election Supervisors and Election Officers, as well as to Commission on Elections Accredited Citizens' Arm Group authorized to receive one of the first eight copies of the Election Returns and to conduct unofficial parallel count.

SO ORDERED.

• BAUTISTA, J. ANDRES D., Chairman
• LIM, CHRISTIAN ROBERT S., Commissioner
• PARREÑO, AL A., Commissioner
• LIM, ARTHUR D., Commissioner
• GUANZON, MA. ROWENA AMELIA V., Commissioner

• GUIA, LUIE TITO F., Commissioner
• ABAS, SHERIFF M., Commissioner