Resolution No. 9022

WHEREAS, the Commission on Elections is preparing for the October 25, 2010 Barangay and Sangguniang Kabataan Elections;

WHEREAS, there is a possibility that the ballot boxes currently in the possession of the city/municipal treasurers contain election forms and documents used in the 2007 or earlier elections, and therefore, the contents thereof will have to be removed and disposed of in order that said ballot boxes may be utilized in the October 25, 2010 Barangay and Sangguniang Kabataan Elections;

WHEREAS, COMELEC Resolution No. 7881 promulgated on May 8, 2007¹ enumerated several guidelines to be observed in the opening of ballot boxes, specifically:

1. The ballot boxes to be opened shall not be involved in any election protest or official investigation;


2. The contents of the ballot boxes shall be disposed of, except the minutes of voting and counting and the election returns deposited therein, which shall be kept by the city/municipal treasurer in a safe and secure place, until further orders from the Commission;


3. The city/municipal treasurer shall post notices of the date, time and place of opening of the ballot boxes in the bulletin boards of his office and that of the city/municipal hall and send notices to the Election Officer and representative from the local government unit concerned;


4. The Election Officer or his/her authorized representative shall be present during the opening of the ballot boxes; and


5. A Joint Report on the conduct of the opening of the ballot boxes shall be submitted by the Election Officer and the city/municipal treasurer to the Office of the Deputy Executive Director for Operations, which shall then be submitted fo the Commission En Banc. Said Joint Report shall indicate the number of ballot boxes opened, the names of the witnesses, and such other incidents or information that the Election Officer and the city/municipal treasurer may deem important;

WHEREAS, the current process for granting authority to open ballot boxes may unduly delay the actual opening of said ballot boxes;

NOW, THEREFORE, by virtue of the powers vested in it by the Constitution, the Omnibus Election Code, and other election laws, the Commission RESOLVED, as it hereby RESOLVES, to authorize the Regional Election Directors to approve requests of field officials of their respective regions open ballot boxes used in the 2007 or earlier elections and dispose the contents thereof in order that the same may be used in the October 25, 2010 Barangay and Sangguniang Kabataan Elections; Provided, that the guidelines enumerated in COMELEC Resolution No. 7881 promulgated on May 8, 2007 be observed; Provided, further, that the city/municipal treasurer shall retain custody of the subject ballot boxes until further orders from the Commission.

Let the Acting Executive Director implement this resolution.

S0 ORDERED.