RULES ON THE CONSTITUTION, COMPOSITION, APPOINTMENTS OF SPECIAL BOARD OF ELECTION INSPECTORS, SPECIAL BALLOT RECEPTION AND CUSTODY GROUP, SPECIAL BOARD OF CANVASSERS, AND OTHER MATTERS RELATED THERETO IN THE CONDUCT OF VOTING, COUNTING AND CANVASSING OF VOTES UNDER REPUBLIC ACT NO. 9189, OTHERWISE KNOWN AS "THE OVERSEAS ABSENTEE VOTING ACT OF 2003" AS AMENDED BY REPUBLIC ACT NO. 10590 FOR PURPOSES OF THE MAY 09, 2016 NATIONAL AND LOCAL ELECTIONS
Pursuant to the authority vested in it by the Constitution, Batas Pambansa Blg. 881 (Omnibus Election Code), Republic Act No. 9189 (The Overseas Absentee Voting Act of 2003) as amended by Republic Act No. 10590, Republic Act No. 9369 and other election laws, the Commission on Elections (COMELEC) hereby promulgates, the following rules on the constitution, composition, appointment of Special Board of Election Inspectors (SBEI), Special Ballot Reception and Custody Group (SBRCG), Special Board of Canvassers (SBOC) and other matters related thereto in the conduct of voting counting and canvassing of votes under Republic Act No. 9189, otherwise known as "the Overseas Absentee Voting Act of 2003" as amended by Republic Act No. 10590 for purposes of the May 9, 2016 National and Local Elections.
ARTICLE I
DEFINITION OF TERMS
Section 1. Definition of terms. - As used in this General Instructions, the following terms shall refer to:
- Commission - the Commission on Elections;
- Department of Foreign Affairs-Overseas Voting Secretariat (DFA-OVS) - secretariat based at the Department of Foreign Affairs (DFA) home office tasked to assist the Office for Overseas Voting (OFOV) under the Commission, and to direct, coordinate and oversee the participation of the DFA in the implementation of the Overseas Voting Act of 2003, as amended;
- National Registry of Overseas Voters (NROV) - the consolidated list prepared, approved and maintained by the Commission. This list contains the names of overseas voters, including those registered under Republic Act No. 8189 who have applied to be certified as overseas voters, have been approved by the Resident Election Registration Board, indicating the Post where the overseas voter is registered;
- Office for Overseas Voting ( OFOV) - office of the Commission tasked to oversee and supervise the effective implementation of the Overseas Voting Act of 2003 as amended;
- Overseas Voter - a citizen of the Philippines who is qualified to register and vote under the Overseas Voting Act of 2003, as amended, not otherwise disqualified by law, who is abroad on the day of the elections;
- Overseas Voting - the process by which qualified citizens of the Philippines abroad exercise their right to vote;
- Overseas Voting Election Returns - a document showing the date of elections, the country in which it is held, the number of overseas voters qualified to vote, the number of overseas voters who actually voted, and the votes obtained by each candidate in an overseas voting precinct;
- Overseas Voting Precinct - groupings of overseas voters in a given country or post designated for purposes of voting and counting;
- Personal Voting - a mode of voting where the voters personally appear to cast their votes at the Posts or such other voting areas designated by the Commission;
- Postal Voting - a mode of voting where mailing packets, containing the official ballots and other election paraphernalia, are sent to the voters through the mail or are personally delivered to or picked-up by the voters at the Post or such other voting areas designated by the Commission; whereupon the voters either mail or personally deliver their accomplished ballots to the Post;
- Posts - Philippine embassies, consulates, foreign service establishments and other Philippine government agencies maintaining offices abroad, e.g., the Philippine Overseas Labor Offices (POLO), having jurisdiction over the places where the overseas voters reside. For purposes of overseas voting, Posts shall also mean to include the Manila Economic & Cultural Off ices (MECOs) in Taiwan;
- Representative of the Commission - officials and employees of the foreign service corps, including Filipino contractual or project term personnel that the embassies, consulates and other foreign service establishments have hired locally at the host country and deputized by the Commission pursuant to the Overseas Voting Act of 2003 as amended;
- Special Ballot Reception and Custody Group (SBRCG) - group deputized by the Commission to receive and take custody of all accountable and non-accountable election forms, supplies and paraphernalia sent by the OFOV for transmittal to the voters, SBEIs and Special Boards of Canvassers (SBOC);
- Special Board of Canvassers (SBOC) - body deputized by the Commission to conduct the consolidation and canvassing of votes;
- Special Board of Election Inspectors (SBEI) - body deputized by the Commission to conduct the voting and/ or counting of votes.
ARTICLE II
SPECIAL BALLOT RECEPTION AND CUSTODY GROUP
Sec. 2. Special Ballot Reception and Custody Group (SBRCG); constitution. - The Commission, through the Commissioner-in-charge of OFOV, shall, upon recommendation of the DFA-OVS, constitute in every Post, starting February 1, 2016 up to February 14, 2016, an SBRCG, which shall be composed of three (3) members.
Additional SBRCG may be constituted where the number of registered overseas voters is more than forty thousand (40,000).
Sec. 3. Qualifications of members/substitutes of the SBRCG. - No person shall be appointed as chairperson or member of the SBRCG, unless such person:
- Is of good moral character and irreproachable reputation;
- Is a citizen of the Philippines residing abroad;
- Is from among the staff of the Posts;
- Has never been convicted of any election offense or of any other crime punishable by more than six (6) months of imprisonment, or has no pending case filed against him for any election offense; and
- Is able to speak and write English or Filipino.
In case of shortage of qualified staff from the Post, citizens of the Philippines who are qualified to register or vote under the Overseas Voting Act of 2003, as amended, and of known probity and competence, may be appointed as members of the SBRCG, provided that the chairperson shall be a staff of the Post. The Head of Post shall issue the Appointment of the Chairperson/Poll Clerk/Members/Substitutes of the SBRCG.
In case of temporary vacancy in the SBRCG, the provision in Section 13 of these rules shall apply.
Sec. 4. Disqualification. - No relative within the fourth civil degree of consanguinity or affinity to any member of the SBRCG or to any of the candidates for President, Vice President, and Senators or the candidate's spouse shall be appointed as member of the SBRCG
Sec. 5. Notice of disqualification. - Any member of the SBRCG who is disqualified shall, within five (5) days from knowledge of such disqualification, notify the Head of the Post in writing. The latter, shall in turn, notify the OFOV of the appointment of the replacement.
Sec. 6. Functions of the SBRCG. - The SBRCG shall perform the following duties and functions:
- Receive from the Commission through the OFOV, all accountable and non-accountable election forms, supplies and paraphernalia to be used in voting, counting and canvassing;
- Verify the quantity and Ballot IDs of all ballots, other election paraphernalia received, in the presence of the Head of the Post or his/ her authorized representative, watchers of political parties and representatives of the Filipino community, if available.
- Notify the OFOV within twenty-four (24) hours after verification, of the receipt of accountable and non-accountable forms, the condition thereof and discrepancy, if any, the quantity and serial numbers of the accountable forms;
- Store in a secure place all forms and supplies; and
- Perform such other duties and functions as provided under these rules or as may be mandated by the Commission.
ARTICLE III
SPECIAL BOARDS OF ELECTION INSPECTORS
Sec. 7. Special Board of Election Inspectors (SBEI); constitution and appointment. - The Commission, through the OFOV, shall, upon recommendation of the DFA-OVS, constitute in every Post, starting February 1, 2016 up to February 14, 2016, at least one (1) SBEI, which shall be composed of three (3) members, for purposes of voting and/ or counting.
For manual elections, each SBEI for voting shall handle not more than four thousand (4,000) voters. Additional SBEIs for counting may be constituted to handle the manual counting of at least five hundred (500) ballots.
For automated elections, each SBEI shall handle not more than ten thousand (10,000) voters which is equivalent to ten (10) precincts. Each precinct shall consist of not more than one thousand (1,000) voters. The SBEI may be assisted by a support staff as provided under Sec.15 hereof.
The SBEI shall be composed of a Chairperson and two (2) Members who shall be public officers posted abroad and deputized by the Commission, one of whom shall be designated as Poll Clerk and the other as Third Member.
For automated elections, at least one (1) member of the SBEI shall be an information technology-capable person duly certified by the Department of Science and Technology (DOST).
The Head of Post shall issue the Appointments of the Chairperson/Poll Clerk/ Members/Substitutes of the SBEI/SBRCG (OVF No.5).
Sec. 8. Qualifications of members of the SBEI. - No person shall be appointed as chairperson or member of the SBEI, whether regular- or substitute, unless he or she:
- Is of good moral character and irreproachable reputation;
- Has never been convicted of any election offense or of any other crime punishable by more than six (6) months of imprisonment, or has no pending case filed against him for any election offense; and
- Is able to speak and write English or Pilipino.
Any career public officer posted abroad duly deputized by the Commission, as the case may be, shall act as the chairperson. In the absence of other government officers, the two (2) other members shall be citizens of the Philippines who are qualified to register or vote under the Overseas Voting Act of 2003, as amended, and deputized by the Commission.
Sec. 9. Disqualification. - No person shall serve as chairperson or member of the SBEI if such person or such person's spouse is related within the fourth civil degree of consanguinity or affinity to any member of the same SBEI or to any of the candidates for President, Vice President and/ or Senator or candidate's spouse.
For this purpose, the OFOV shall furnish the Post, through the DFA-OVS, the list of candidates for President, Vice President and/ or Senator, not later than January 30, 2016, so that the members of the SBEIs will be able to know whether they are qualified or not to accept their appointments.
Sec. 10. Powers and functions of the SBEI. - The SBEI shall have the following powers and functions:
- For automated elections, conduct the voting in the polling place and administer the electronic counting of votes, including the testing and sealing of the Vote Counting Machine (VCM);
In manual elections, conduct the voting and/ or counting of votes in personal voting, and the counting of votes in postal voting in countries where the same has been authorized by the Commission. - Print the election returns and transmit the election results;
- Maintain order within the polling place and its premises, to keep access thereto open and unobstructed, and to enforce obedience to its lawful orders.
If any person refuses to obey its lawful order, or conducts himself in a disorderly manner in its presence or within its hearing and thereby interrupts or disturbs its proceeding, the SBEI may call upon the security force of the Post, if any, or its deputized peace officer to take such person in to custody until the adjournment of the meeting; Provided, that such order shall not be executed as to prevent the person from voting; and - Perform such other functions as may herein after be prescribed by the Commission.
Sec. 11. Proceedings of the SBEI. - The meeting of the SBEI shall be public and held in the polling place designated by the Commission. The SBEI shall act through its Chairperson and shall decide, without delay, by a majority vote, any questions which may arise in the performance of its duties.
Sec. 12. Notice of disqualification. - On or before April 9, 2016, any member of the SBEI who is disqualified for any of the above reasons shall notify the Head of the Post in writing. The latter, shall in turn, appoint a replacement from the pool of substitutes and immediately notify the OFOV of such appointment.
ARTICLE IV
COMMON PROVISIONS
Sec. 13. Temporary vacancies in the SBEI/SBRCG. - If at the time of the meeting of the SBEI/SBRCG, any member is absent or the position remains vacant, the members present shall call upon any substitute taken from the pool of substitutes, to perform the duties of the absent member. If the substitute cannot be found, the Head of the Post shall appoint any available official or employee of the Foreign Service corps or non-partisan registered voter not otherwise disqualified to temporarily fill said vacancy until the absent member appears or the vacancy is filled.
The fact of substitution shall be entered in Part V of the Minutes of Voting (OVF No.11).
For this purpose, the Posts shall constitute a pool of substitutes for the SBEI/SBRCG which will likewise be deputized by the Commission.
Sec. 14. Oath of members of the SBEI/SBRCG. - The members of the SBEI/SBRCG shall, before assuming their office, take an oath before an officer authorized to administer oath, in the absence thereof, before any other member of the SBEI/SBRCG present or, in case no other member is present, before any overseas voter. The accomplished Oaths of SBEI/SBRCG shall be submitted to the SBRCG.
Sec. 15. Support Staff. - For automated elections, during rest days and declared holidays in the host countries where the turn-out of voters at the polling places is expected to be heavy, each SBEI shall be assisted by three (3) support staff who shall be designated not later than March 31, 2016 by the Head of the Post from among the personnel of the Post or government agencies maintaining offices abroad or in their absence or non-availability, from among the members of the Filipino Community.
The support staff shall perform the following duties and functions:
- Assist the SBEI in the planning, organizing, setting-up and supervising the "Voters' Assistance Center" at the voting center;
- Assist voters in locating their polling places/ precinct assignments;
- Assist in the crowd control/management at the entrance of polling places; and
- Perform such other functions as may be directed by the SBEI.
Support staff must not be related within the fourth civil degree of consanguinity or affinity to any member of the same SBEI where they will be assigned or to any of the candidates for President, Vice-President and Senators.
Sec. 16. VCM Technical Support personnel. -For automated elections, the Head of Post shall designate, not later than March 31, 2016, at least one (1) technical support personnel. The technical support personnel shall:
- Address and monitor the activities of the VCM;
- Report to the National Technical Support Center on possible contingencies that may arise before, during and after the election period;
- Perform such other functions as may be directed by the Commission, through the Head of Post.
ARTICLE V
SPECIAL BOARD OF CANVASSERS
Sec. 17. Special Board of Canvassers; constitution and appointment. - The Commission, through the OFOV, shall, from February 1, 2016 to February 14, 2016, constitute in the following Posts, one (1) Special Board of Canvassers (SBOC) to canvass and/or consolidate the Overseas Election Returns (ERs) containing the results from countries and territories under their consular jurisdictions , and to prepare the corresponding Overseas Certificate of Canvass (COC) as follows:
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The members of the SBOC shall be appointed by the Commissioner-in-charge of the OFOV and shall be composed of the highest ranking career officer of the post as Chairperson, a senior career officer from any of the government agencies maintaining offices abroad as Vice Chairperson, and another government officer as Member - Secretary. In the absence of other government officer, a citizen of the Philippines qualified to register or vote under the Overseas Voting Act of 2003 as amended and deputized by the Commission, may be appointed as Member-Secretary.
Sec. 18. Qualification of members of the SBOC. - No person shall be appointed as a member of the SBOC, unless said member:
- Is of good moral character and irreproachable reputation; and
- Is able to speak and write English or Filipino.
Sec. 19. Disqualifications. - The following are disqualified from serving as members of the SBOC:
- Those who are related within the fourth civil degree of consanguinity or affinity to:
- Any member of the same SBOC;
- Any of the candidates for President, Vice-President and Senator; or
- Those who have been convicted of any election offense or of any other crime punishable by more than six (6) months of imprisonment; or,
- Those who have a pending case filed against them for any election offense.
Sec. 20. Powers and function of the Board. - The SBOC shall have full authority to keep order within the canvassing room or hall including its premises and enforce obedience to its lawful orders. If any person refuses to obey any lawful order of the SBOC or conducts himself in such disorderly manner as to disturb or interrupt its proceedings, the SBOC may, by a majority vote, order in writing any peace officer/guard of the embassy or consulate to take such person into custody until adjournment of the meeting. In the absence of any peace officer/guard, any other competent and able person deputized by the SBOC in writing, shall execute such order. Such fact shall be noted in the Minutes of the proceedings.
For automated elections, the SBOC shall:
- Canvass/consolidate the electronic results;
- Generate and print COC and SOV;
- Load the results in the CCS;
- Transmit immediately after the completion of the canvass, a copy of the COC and the SOVP/SSOV to the OFOV, through the DFA-OVS, via facsimile or other electronic mail facilities of the Philippine embassies/ consulates;
- Furnish the accredited major political parties and accredited citizens arms, through the OFOV, with copies via facsimile, or any other means of transmission equally safe, secure and reliable;
- Deliver or transmit, through its Chairperson, the COCs together with the SOVPs, SS0Vs and the election returns intended for the Congress and the Commission. Watchers of candidates, political parties and other interested parties may accompany the delivery or witness the transmission ; and
- Perform such other functions as may be directed by the Commission.
For manual elections, the SBOC shall:
- Canvass the ERs submitted by the SBEI;
- Accomplish the Statement of Votes by Precinct (SOVP) and the Summary of Statement of Votes (SSOV);
- Prepare eight (8) copies, upon completion of the canvass, the COC for President, Vice-President, Senators and Party-List representatives (OVF No. 21);
- Transmit immediately after the completion of the canvass, a copy of the COC and the SOVP/SSOV to the OFOV, through the DFA-OVS, via facsimile or other electronic mail facilities of the Philippine embassies/consulates;
- Furnish the accredited major political parties and accredited citizens arms, through the OFOV, with copies via facsimile, or any other means of transmission equally safe, secure and reliable;
- Deliver or transmit, through its Chairperson, the COCs together with the SOVPs, SSOVs and the election returns intended for the Congress and the Commission. Watchers of candidates, political parties and other interested parties may accompany the delivery or witness the transmission; and
- Perform such other duties as may be required by the Commission.
Sec. 21. Consolidation and Canvassing System (CCS) Operator. - For automated elections, the SBOC shall be assisted by an information technology-capable person authorized to operate the CCS, hereinafter referred to as the CCS operator. The CCS operator shall be deputized by the Commission, from among the personnel of the Post or other agencies and instrumentalities of the government, including government-owned and controlled corporations maintaining offices abroad.
The CCS operator shall be designated by the Head of Post and shall be considered as member of the SBOC but he cannot participate in the deliberation of the SBOC, except on technical matters.
The CCS Operator shall not be related within the fourth civil degree of consanguinity or affinity to any member of the Board or to any candidate whose votes will be canvassed by the Board.
Sec. 22. Reception and Custody Group. - For automated elections, the SBOC may constitute a Reception and Custody Group (RCG) for the reception and safekeeping of the main and back -up memory cards, and of the hard copies of ERs.
The RCG shall be composed of not more than two (2) members who are government appointive officials. They shall be designated by the concerned Chairperson of the Board and shall receive honoraria equivalent to that of the members of the Board.
The members of the RCG shall not be related, within the fourth civil degree of consanguinity or affinity to each other or to any member of the Board or to any candidate whose votes will be canvassed by the Board
Sec. 23. Duties and Responsibilities of the Reception and Custody Group (RCG). - The RCG shall:
- Receive from the SBEIs, the envelopes containing the main and back-up memory cards of the VCM and the envelopes containing the printed copies of the ERs intended for the SBOC.
- Log the following:
- Date and time of receipt;
- Condition and the serial number of corresponding paper seal of the envelope; and
- The precinct number of the envelope containing the memory cards;
- Mark in the project of precincts the corresponding envelopes intended for the precinct;
- Place inside the ballot box, the envelopes containing the ERs/COCs, and close the same with security seal; and
- Forward to the Board, the ballot boxes containing the ERs/COCs and one copy of the project of precincts as marked.
Sec. 24. Support Staff and Tabulators. - For manual elections, SBOC with less than twelve (12) ERs to canvass shall be assisted by one (1) Support Staff only.
For SBOC with twelve (12) or more ERs to canvass shall be assisted by one (1) Support Staff and two (2) Tabulators. The Support Staff shall receive and record the ERs and forward the same to the SBOC for canvass. The Tabulators shall compute the sub-total of the SOVP.
Sec. 25. Notice of disqualification. - Any member of the SBOC who is disqualified for any reason shall, upon appointment, notify the Head of the Post, in writing, who shall, in turn submit a replacement to the Commission, through the Commissioner-in-charge of the OFOV, for appointment.
For this purpose, the OFOV shall furnish the Post, through the OFA-OVS, the list of candidates for President, Vice-President, and Senator for the May 9, 2016 National and Local Elections so that the members of the Board will be able to know whether they are qualified or not to accept their appointments.
Sec. 26. Supervision and control. - The Commission shall exercise direct supervision and control over the Board and may motu proprio relieve, at any time for cause, any member thereof and designate the corresponding substitute/ replacement.
Sec. 27. Replacement of chairperson and member of the SBOC. - In case of non-availability, absence, disqualification due to relationship, or incapacity for any cause of the Chairperson, the replacement shall come from among any other ranking official from the Post or from any of the government agencies maintaining a post abroad, of good standing, not otherwise disqualified under the law.
With respect to the other members of the SBOC, the replacement shall be from the qualified personnel of the foreign service corps or from members of the Filipino community at the Posts. For this purpose, all replacements shall be appointed by the Commissioner-in-charge of the OFOV.
Sec. 28. Notice of meetings of the SBOC. - Not later than May 4, 2016, Philippine time, the Chairperson of the SBOC shall issue a written notice (OVF No. 11- C) to the other members of the SBOC, and, through the OFOV, issue a similar notice to each candidate, political party or coalition of political parties fielding candidates for President, Vice-President, Senator and political parties, organizations or coalitions thereof participating under the party-list system of representation. The notice shall include the date, time and place of the canvassing, which shall be held in the Philippine Embassy/Consulate, unless otherwise ordered by the Commission.
If notice is given in open session, such fact shall be recorded in the Minutes of the proceedings. Notice of the canvassing shall also be posted in three (3) conspicuous places in the building where the canvass shall be held as well as in the websites of the Commission, the DFA and of the Post concerned.
The OFOV may, whenever practicable, use other means of disseminating such notice which may include but not be limited to the tri-media.
Sec. 29. Preliminary to canvassing. - Not later than May 8, 2016, Philippine time, the members of the SBOC shall meet to:
- Acquaint themselves with each other;
- Familiarize themselves with their respective duties and responsibilities during the canvassing;
- Ensure that all the required canvassing forms and supplies are complete; and
- Discuss operational and procedural matters to ensure that they are able to fulfill their duties and responsibilities in accordance with these general instructions and other guidelines set by the Commission.
Sec. 30. Convening of the SBOC. - The SBOC shall meet at 7:00 o'clock in the evening of May 9, 2016, Philippine time, at the designated building/ place in the Philippine Embassy/ Consulate or other foreign service establishments authorized by the Commission, to receive the ERs and to immediately canvass those that have already been received. It shall meet continuously from day to day until the canvass is completed, and may adjourn only for the purpose of awaiting other election returns. However, as the need arises, the SBOC may declare a recess.
Sec. 31. Minutes of the SBOC; distribution. - The Member-Secretary shall prepare the Minutes of canvassing (OVF No. 11-B) of the SBOC in three (3) copies by recording therein the proceedings, other incidents or matters relevant to the canvass.
Copies of the Minutes of canvassing shall be distributed as follows:
- one copy for the Chairperson of the SBOC;
- one copy for the Law Department of the Commission;
- one copy for the Special Ballot Reception and Custody Group (SBRCG) .
Sec. 32. Temporary absence of a regular member of the SBOC. - In case a regular member of the SBOC is temporarily absent, the members present shall first verify whether notice has been served on the absent member. In case no such notice was sent, one shall be immediately served on the absent member. If the latter cannot be located or his whereabouts are unknown, he shall be substituted in accordance with Sec. 25 hereof. These facts shall be recorded in the Minutes of the SBOC. As soon as the absent member appears, the substitute member shall relinquish his seat to the regular member.
Sec. 33. Prohibition against transfer, leaving official station. - During the period beginning election day, May 9, 2016, until the COC shall have been personally submitted to the Commission, no member or substitute member of the different SBOCs shall be transferred, assigned or detailed outside of official station nor shall leave said station without prior authority of the Commissioner-in-charge of the OFOV.
Sec. 34. Feigned illness. - Any member of the SBOC feigning illness in order to be substituted from the start until the completion of the canvass shall be liable for an election offense.
Sec. 35. Incapacity of a regular member of the SBOC. - In case of sickness or serious injury of a regular member of the SBOC, the member concerned shall submit to the other members of the SBOC a medical certificate attesting to his incapacity. Said medical certificate shall be recorded in and form part of the Minutes of the SBOC. Upon submission of the medical certificate, a substitute shall be appointed likewise in accordance with Sec. 27 hereof.
Sec. 36. Quorum. - A majority of all the members of the SBOC shall constitute a quorum for the transaction of business, and a majority vote of all the members thereof shall be necessary to render a decision.
Sec. 37. Issues that may be raised during the consolidation and canvass. - Issues affecting the composition or proceedings of the SBOCs may be initiated by filing a verified petition before the SBOC or directly with the Commission.
If the petition is filed directly with the SBOC, its decision may be appealed to the Commission within three (3) days from issuance thereof. However, if commenced directly with the Commission, the verified petition shall be filed immediately when the SBOC begins to act illegally, or at the time of the appointment of the member of the SBOC whose capacity to sit as such is objected to.
There shall be no pre-proclamation cases on issues/ controversies relating to the generation/ printing, transmission, receipt and custody and appreciation of ERs or the COCs.
Sec. 38. Prohibition against political activity. - No member of the SBEI/SBRCG/SBOC and their support staff, including the VCM technical support personnel and CCS Operators, shall engage in any partisan political activity or take part in the elections except to vote and discharge their duties as members of the electoral boards. They may also discharge their regular duties and functions including rendering assistance in accordance with usual protocol or courtesies normally extended to visiting officials on official business.
Sec. 39. Voting privilege of members of the SBEI/SBRCG/SBOC. - Government employees posted abroad, who will perform election duties as members of the SBEI/SBRCG/SBOC, shall be allowed to vote in their respective posts provided they are registered as voters either in the Philippines or as overseas voters.
Sec. 40. Supervision by Heads of Posts. - All foreign service personnel and representatives of attached agencies duly deputized by the Commission shall be under the direct supervision of the Heads of Posts insofar as the One Country Team Approach is concerned.
Sec. 41. Applicability of other election laws. - The pertinent provisions of the Omnibus Election Code, as amended and other election laws, which are not in conflict with the provisions of the Overseas Voting Act of 2003, as amended, shall remain in full force, and shall have suppletory application of these Rules.
Sec. 42. Enforcement and administration by the Commission. - The Commission, for the purpose of ensuring honest, orderly, peaceful and free elections abroad, shall have exclusive charge of the enforcement, administration and implementation of the Overseas Voting Act of 2003.
Sec. 43. 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 Foreign Affairs, Department of Labor and Employment, Department of Transportation and Communications, Philippine Postal Corporation, Philippine Overseas Employment Administration, Overseas Worker's Welfare Administration, Commission on Overseas Filipinos, the Foreign Service Institute, the Social Security System and other government agencies concerned with the welfare of Filipinos overseas.
Sec. 44. Effectivity. - These Rules shall take effect seven (7) days after publication in two (2) newspapers of general circulation in the Philippines.
SO ORDERED.
SIGNED:
- BAUTISTA, J. ANDRES D., Chairman
- LIM, CHRISTIAN ROBERT S., Commissioner
- PARREÑO, AL A., Commissioner
- GUIA, LUIE TITO F., Commissioner
- LIM, ARTHUR D., Commissioner
- GUANZON, MA. ROWENA AMELIA V., Commissioner
- ABAS, SHERIFF M., Commissioner