Resolution No. 8754

The application forms may be reproduced or downloaded at the official COMELEC website www.comelec.gov.ph. The application form is hereto attached as Annex "A".

(i) A sworn list of registered voters under his supervision or command who submitted their accomplished applications forms for local absentee voting indicating therein the city/municipality, barangay, precinct number where they are registered and the place of their assignment on election day, with a certification that the applicant/s will be re-assigned on election day to perform election-related duties.

Copy of sworn list of registered voters who accomplished their application forms is hereto attached as Annex "B" and made integral part of this Resolution.

(ii) The accomplished application forms for local absentee voting and the sworn list of registered voters shall be transmitted by the head of office/supervisor/commander directly to the Committee, c/o The Electoral Contests Adjudication Department (ECAD) 8^th Floor, Palacio del Gobernador, Intramuros, Manila, immediately upon receipt thereof but not later than March 7, 2010. The date of mailing shall be considered as the date of filing.

SECTION 8. Disapproval of the application for local absentee voting. - The application for local absentee voting shall be disapproved on any of the following grounds:

1. That it is filed out of time;
2. That it is not sworn to or not under oath;
3. That it is not signed by the applicant;
4. That it is not endorsed by the head of office/supervisor/commander concerned; or
5. That it is only a photocopy/facsimile copy.

SECTION 9. Verification of applicants for local absentee voting. - Upon receipt of the list of registered voters applying for local absentee voting and the accomplished application forms, the Committee shall verify from the national list of registered voters (NLRV) whether the applicants are registered voters. The Information Technology Department (ITD) shall provide the Committee with the NLRV.

Only the applicants whose names are in the NLRV shall be approved by the Committee as qualified to vote under the local absentee voting system.

The Committee shall notify in writing the City/Municipal EO concerned of the names of voters qualified to vote under the local absentee voting system with a directive to indicate in the list of voters with voting records (May 10, 2010 EDCVL) and on the space opposite the names of the said absentee voters, the following annotation: "local absentee voter", to prevent substitute/multiple voting.

SECTION 10. Transmittal of list of Qualified local absentee voter local absentee balllots and otller election paraphernalia from the Committee. - The Committee, through its duly authorized members, shall transmit to the head of office/supervisor/commander concerned the list of qualified local absentee voters, the exact number of local absentee ballots, inner and outer envelopes, and paper seals corresponding to the number of approved applications and thumbprint takers not later than April 20, 2010.

SECTION 11. Security envelopes for local absentee ballots. - There shall be two (2) security envelopes for each local absentee ballot, namely: an outer envelope which shall contain a serial number and an inner envelope. The outer envelope, where the detached coupons and the inner envelope shall be placed, shall contain a space for the name of the voter and his voter's registration record number (VRRN).

The inner envelope where the accomplished ballot shall be placed, shall contain no other mark except an indication that it is a special envelope for a local absentee ballot.

SECTION 12. Distribution oflocal absentee ballots/ envelopes andpaper seals. - On any day from April 24 to 26, 2010, the head of office/supervisor/commander! concerned, in the presence of Comelec representative or Election Officer, shall distribute the local absentee ballots, inner and outer envelopes, and paper seals to the qualified local absentee voters. During the distribution, he shall:

1. Require each voter to affix his signature opposite his name in the list of qualified voters prepared by the Committee under Section 10 hereof;
2. Detach one ballot from the pad of ballots and retain the stubs where the serial number of each ballot appears;
3. Write the serial numbers of the ballot, outer envelope, and two (2) paper seals opposite the name of the voter in the list;
4. Give to the voter the ballot, inner and outer envelopes and the two (2) paper seals; and
5. Instruct the voter to immediately accomplish the ballot in accordance with Section 13 hereof.

SECTION 13. Manner of Voting. - The local absentee voter shall:

1. Fill up the ballot secretly;
2. Imprint his thumbmark on the proper space in the detachable coupon of the ballot;
3. Detach the coupon from the ballot and place the same inside the outer envelope;
4. Place the accomplished ballot inside the inner envelope and close and seal the envelope with a paper seal;
5. Place the sealed inner envelope inside the outer envelope, which shall likewise be sealed with a paper seal;
6. Write his name on the space proVided for in tile outer envelope; and
7. Submit the sealed envelope to the head of office/supervisor/commander.

SECTION 14. Transmittal of local absentee ballots and other election documents to the Committee. - The head of office/supervisor/commander concerned shall:

1) Gather all the sealed envelopes containing the ballots submitted to him by the local absentee voters;

2) Prepare, in two (2) copies, a transmittal letter containing a certification on the number of accomplished ballots collected by him. One (1) copy of the transmittal letter shall be retained by him for his file;

3) Transmit said ballots, together with: a) the list of qualified voters with signatures referred to in Section 12(a); and b) unused official ballots torn in half, to the Committee by the fastest means available c/o the ECAD, COMELEC, 8^th Floor, Palacio del Gobernador, Intramuros, Manila, so that the ballots are received by the Commission not later than 6:00 P.M. of May 10, 2010.

After the elections, the Committee shall send to all City/Municipal Election Officers (EOs) concerned a written notice of the voters who actually voted under the system of local absentee voting with a directive to indicate in the list of voters with voting records, and on the space opposite the names of the said absentee voters, the following annotation: "voted thru local absentee voting", to prevent the deactivation of their registration records.

SECTION 15. Special Board of Election Inspectors (SBEIs) - The Commission may constitute as many SBEIs for local absentee voting, as may be deemed necessary, to count the local absentee ballots. The members thereof shall be chosen and appointed by the Chairman of the Committee from among the personnel of the Commission in the Main Office, Manila, not later than April 26, 2010.

SECTION 16. Oath of Members of SBEI. - Before assuming their office, the chairman and members of the SBEI shall take and sign an oath before any officer authorized to administer oaths. Copies of the oaths shall immediately be submitted to the Committee.

SECTION 11. Proceedings of the SBEI. - The SBEI shall meet in the designated office of the Commission, Intramuros, Manila at 6:00 P.M. of May 10, 2010 to count the votes cast by the local absentee voters and shall not adjourn until the counting is completed. All proceedings of the SBEI shall be public. It shall act through its chairman and all questions presented before it shall be decided without delay by a majority vote of the members. During its meetings, not more than one member shall be absent at a time, and in no case shall such absence be more than twenty (20) minutes.

SECTION 18. Preliminaries to Counting. - The Committee shall constitute a Reception and Verification Unit which shall:

1. Receive the envelopes containing the accomplished absentee ballots and the list of local absentee voters prepared by the head of office/supervisor/commander under Section 14 hereof;
2. Verify whether the number of envelopes containing the accomplished ballots is equal to the number of signatures affixed in the list submitted by the head of office/supervisor/commander concerned;

If there are more envelopes containing the accomplished ballot than the signatures affixed on the list, set aside the envelope of the voter whose signature does not appear in the list and place the same in a separate ballot box intended for the purpose. Such fact shall be indicated in a report to be submitted to the Committee. Said ballots shall not be counted;

If there are more signatures affixed in the list than the number of envelopes received, such fact shall likewise be indicated in the report to be submitted to the Committee. The report shall indicate the names of the voters whose signatures appear in the list, but without corresponding envelopes. In this case, the Committee shall direct: the head of office/supervisor/commander concerned to transmit the envelopes of said voters;

3. Place the envelopes containing the accomplished ballots inside ballot boxes at the rate of 400 ballots per ballot box; and
4. Transmit to the Committee each ballot box immediately after 400 envelopes containing the accomplished ballots are deposited therein.

In all instances, the ballot boxes, prior to the submission to the Committee and distribution to the SBEIs, shall be stored in a safe and secured place.

At 6:00 P.M. of May 10, 2010, the Committee shall distribute one ballot box each to the SBEI for counting. Should there be a ballot box containing less than 400 envelopes, the Committee shall assign the said ballot box to one of the SBEIs.

SECTION 19. Manner of counting local absentee ballots. - Upon receipt of the envelopes containing the local absentee ballots, the SBEI shall proceed as follows:

Before the counting:

1. Retrieve the special envelopes from the ballot box;
2. Open each outer envelope, retrieve the inner envelope and the detached coupon;
3. Place the coupons in the compartment for spoiled ballots of the ballot box;
4. Open the inner envelope and retrieve the ballot found therein;
5. Pile the ballots in bundles of one hundred (100) each;
6. The Chairman of the SBEI shall take the ballots of the first pile one by one and read the names of the candidates voted for and the offices for which they were voted, as well as the name of the party, organization or coalition voted for under the party-list system, in the order in which they appear thereon.

During the counting:

7. The chairman, the poll clerk, and the third member shall position themselves in such a way as to give the watchers and the public an unimpeded view of the ballot: being read by the chairman, as well as of the election returns and tally board being simultaneously accomplished by the poll clerk and the third member, respectively.
8. The watchers and the public shall not touch any of the said election documents. The table shall be cleared of all unnecessary writing paraphernalia. Any violation hereof shall constitute an election offense;
9. The poll clerk and the third member shall record simultaneously in the election returns and in the tally board, respectively, each vote as it is read. Each vote shall be recorded by a vertical line, except every fifth vote which shall be recordecl by a diagonal line crossing the previous four vertical lines;
10. The same procedure shall be followed with the succeeding piles of ballots; and
11. The sub-total of votes in figures obtained by each candidate and party list candidates shall be recorded in the election returns and tally board after each pile of 100 ballots are read.

After all the ballots have been read:

12. Record, in words and in figures, the total number of votes obtained by each candidate and by each party, organization or coalition participating under the party-list system, both in the election returns and in the tally board;
13. Ensure that the entries on the first copy of the election returns are clearly impressed on the other copies; and
14. Close the entries by affixing their initials immediately after the last vote recorded or immediately after the name of the candidate and party-list candidates who did not receive any vote;
15. The poll clerk and the third member shall record in the election returns and in the tally board, respectively, the total number of votes obtained by each candidate and party-list candidates, in words and figures;
16. Accomplish the certification portion of the election returns and tally board;
17. Require the watchers, if any, to affix their signatures and imprint their thumbmarks on the right hand portion of the election returns and the tally board;
18. Deposit the tally board in the ballot box compartment for valid ballots. The tally board, as accomplished and certified by the SBEI, shall not be changed or destroyed.

The proceedings of the SBEI shall be recorded in the Minutes of Counting, copies of which shall be sealed in separate envelopes to be distributed as follows:

1. The first copy, to the Election Records and Statistics Department; and
2. The second copy, to be deposited insicle the compartment of the ballot box for valid ballots.

A copy of the Minutes of Counting is hereto attached as Annex "C".

SECTION 20. Election Returns. - The election returns shall be prepared in seven (7) copies and distributed as follows:

1. The first copy, to be submitted to the Special Board of Canvassers for local absentee voting;
2. The second copy, to be posted on a wall within the premises of the polling place;
3. The third copy, to the Commission thru the Election Records and Statistics Departrnent (ERSD);
4. The fourth copy, to the dominant: majority party as determined by the Commission;
5. The fifth copy, to the clominant minority party as determined by the Commission;
6. The sixth copy, to the accredited citizens' arm of the Commission; and
7. The seventh copy, to be deposited inside the compartment for valid ballots of the ballot box.

The copy of the election returns posted on the wall shall be open for public viewing at any time of the day for forty-eight (48) hours following its posting. Any person may view or capture an image of the election returns by means of any data capturing device such as, but not limited to, cameras, at any time of the day for forty-eight (48) hours following its posting.

After the prescribed period for posting, the Chairman of the SBEI shall collect the posted election returns and keep the same in his custody to be produced for image or data capturing as may be requested by any voter or for any lawful purpose as may be ordered by competent authority.

SECTION 21. Post counting procedures. - Upon termination of the counting of votes, the SBEI shall:

1. Place the counted official absentee ballots in the envelope for counted ballots;
2. Seal the envelope with paper seal and affix their signatures on the said paper seal;
3. Deposit the envelope properly sealed inside the compartment for valid ballots of the ballot box;
4. Bundle the inner envelopes used for the filled-out ballots and deposit the same inside the compartrnent for valid ballots of the ballot box;
5. Place the seventh copy of the election returns inside the compartment for valid ballots;
6. Close the inner compartment of the ballot box, and lock and seal the same with one (1.) fixed-length security seal and one (1) padlock;
7. Close the ballot box cover, and lock and seal the same with one (1) fixed length security seal and three (3) padlocks;
8. Deliver the locked ballot box and the keys to the padlocks to the Committee for custody and safekeeping; and
9. Distribute the election returns in accordance with Section 20 hereof.

SECTION 22. Special Board of Canvassers. - There is hereby constituted a Special Boarcl of Canvassers (SBOC) for local absentee voting, to be composed of ranking lawyers of the Commission, to he designated by the Chairman of the Committee not later than April 28, 2010.

SECTION 23. Notice of canvass. - The Chairman of the SBOC shall give notice of canvass to its members, presidential, Vice-presidential and senatorial candidates, and political parties, organizations, association, sectors or coalitions participating under the party-list system, of the time, date and place of canvass, at least five (5) days before May 10, 2010.

SECTION 24. Tabulation Group. - The Board shall constitute a Tabulation Group which shall be under the direct supervision and control of the Board.

The Tabulation Group shall compute the sub-total of the Statement of Votes prepared by the Board. The names of each tabulator and the Statement of Votes assigned to them for tabulation shall be properly recorded in the minutes of the proceedings.

The tabulators shall affix their signatures above their printed names, and imprint their thumbmarks on the certification portion of the Statement of Votes.

SECTION 25. Meeting of SBOC. - The SBOC shall meet not later than 6:00 P.M. of May 10, 2010 in the designated office in the Commission, Intramuros, Manila, and proceed with the canvass of the elections returns submitted to it by the SBEIs. It shall not adjourn until the canvass is completed.

SECTION 26. Certificate of Canvass of Votes (COCV). - The SBOC shall prepare the Certificate of Canvass of Votes (COCV) in six (6) copies for distribution as follows:

1. The first copy, to the Congress directed to the President of the Senate for use in the canvass of results for President and VicePresident;
2. The second copy to Commission sitting as the National Board of Canvassers for lise in the canvass of results for Senators and Party-List representatives;
3. The third copy, to be posted on a wall within the premises of the canvassing center;
4. The fourth copy, to the Chairman of the Board of Canvassers;
5. The fifth copy, to the citizen's arm designated by the Commission to conduct a media-based unofficial count; and
6. The sixth and seventh copies, to the representatives of two (2) of the six (6) major political parties in accordance with the voluntary agreement of the parties. If no such agreement is reached, the Commission shall decide which parties shall receive the copies of the Certificate of Canvass on the basis of the criteria provided in Sec. 26 of RA 7166. The parties receiving the certificates shall have the obligation to furnish the other parties with authentic copies thereof with the least possible delay.