Resolution No. 8786

WHEREAS, on December 29, 2009, the Commission on Elections promulgated Resolution No. 8739 entitled 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, there is a need to amend or revise portions of Resolution No. 8739 in order to fine tune the process and address procedural gaps;

NOW THEREFORE, pursuant to the powers vested in it by the Constitution, the Omnibus Election Code, Republic Act No. 9369, and other election laws, the Commission on Elections HEREBY RESOLVES to promulgate, the following Revised General Instructions for the Board of Election Inspectors (BEI) on the Voting, Counting, and Transmission of Results:

SEC. 1. Board of Election Inspectors (BEI); Constitution and appointment. The Commission on Elections, through its Election Officer, shall constitute not later than January 8, 2010, the BEI for each precinct/clustered precinct from the list of all public school teachers submitted by the Department of Educations (DepEd) highest official within the city/municipality/school district.

The BEI shall be composed of a Chairman and two (2) members, one of whom shall be designated as poll clerk, and all of whom shall be public school teachers, giving preference to those with permanent appointment and those who served in the immediately preceding National and Local Elections.

In all cases, the Election Officer shall ensure that at least one (1) member of the BEI shall be an information technology-capable person as certified by the Department of Science and Technology (DOST) after the training of the same.

In case there are not enough public school teachers, teachers in private schools, employees in the civil service, or citizens of known probity and competence who are registered voters of the city or municipality may be appointed as members of the BEI; provided, that the chairman shall be a public school teacher.

SEC. 2. Qualifications of members of the BEI. - No person shall be appointed as chairman or member of the BEI, whether regular, substitute or temporary, unless he:

a)Is of good moral character and irreproachable reputation;

b)Is a registered voter of the city or municipality;

c)Has never been convicted of any election offense or of any other crime punishable by more than six (6) months of imprisonment;

d)Has no pending case against him filed in COMELEC/court for any election offense; and

e)Is able to speak, read and write English or the local dialect.

SEC. 3. Disqualification. No person shall serve as chairman or member of the BEI if he or his spouse is related within the fourth civil degree of consanguinity or affinity to any member of the same BEI or to any candidate to be voted for or to the latters spouse. Violation of this provision shall constitute an election offense as provided in Section 261 (bb), sub-par (3) of the Omnibus Election Code.

SEC. 4. Notice of disqualification. - Any chairman or member of the BEI who is disqualified for any reason shall immediately notify the Election Officer of such fact in writing, who shall in turn, appoint a substitute.

SEC. 5. Temporary vacancies in the BEI. If, at the time of the meeting of the BEI, any member is absent or a vacancy exists, the members present shall call upon a substitute from the list of public school teachers submitted by the DepEd to perform the duties of the absent member. If none is available, the members present shall appoint any qualified non-partisan registered voter of the precinct to temporarily fill said vacancy until the absent member appears. In case there are two members present, they shall act jointly.

SEC. 6. Arrest of absent members. The member or members of the BEI present may order the arrest of any member who, in his or their judgment, has absented himself with the intention of obstructing the performance of the duties of the BEI.

SEC. 7. Appointment and oath of members of the BEI. - The Election Officer shall accomplish the form for the Appointment of the Chairman and Members of the BEI (A5) in three (3) copies, and require the chairman and members of the BEI to affix their signatures and imprints of their right thumbs on the Oath of Office (A5-A) before him before assumption of office. (As revised)

Copies of the Appointment and Oath (A5 &A5-A) shall be distributed, as follows: (As revised)

a) The first and second copies shall be retained by the Election Officer. One copy shall be for his file and the other shall be attached to the payroll for payment of honorarium of the BEI; and

b) The third copy shall be issued to the chairman/members of the BEI.

SEC. 8. Minutes of Testing and Sealing; Voting and Counting (Minutes). - The BEI shall enter in the Minutes (A11), the act or data therein required as they occur or become available during voting, counting, and transmission of results. Copies thereof shall be sealed in separate envelopes, to be distributed as follows: (As revised)

a) First copy, to the Election Officer, who shall transmit it to the Election Records and Statistics Department (ERSD) in Manila; and

b) Second copy, to be deposited inside the compartment of the ballot box. (As revised)

SEC. 9. Support Staff There shall be in addition to the regular members of the BEI depending on the number of precincts clustered, a maximum of three (3) support staff, who are registered voters in the precinct/clustered precinct where they are assigned. They shall be appointed/designated by the Election Officer, subject to the qualifications and conditions provided under Sections 2, 3 and 7 hereof, in such manner as indicated below:

NO. OF PRECINCTS IN A CLUSTER	NO. OF SUPPORT STAFF
1 to 2	0
3	1
4	2
5, 6 and 7	3

They can neither participate in any deliberation of the BEI nor vote on any issue or question that may arise during the proceedings.

In case of absence of all or any of the support staff on the day of the election, the BEI, by majority vote, may designate any registered voter in the precinct/clustered precinct as substitute, subject to the provisions of Sections 2, 3 &7 hereof. Such fact shall be recorded in the Minutes.

SEC. 10. Powers and functions of the BEI. - The BEI shall have the following powers and functions:

a) Conduct the voting in the polling place and administer the electronic counting of votes;

b) Print the election returns and transmit electronically the election results, through the use of the PCOS machine, to the:

1. City/Municipal Board of Canvassers; (Renumbered)
2. Central Server; and (As revised)
3. Dominant majority party, dominant minority party, accredited citizens arm and KBP. (As revised)

c) Act as deputies of the Commission in the conduct of the elections;

d) Maintain order within the polling place and its premises; keep access thereto open and unobstructed; enforce obedience to its lawful orders and prohibit the use of cellular phones and camera by the voters. If any person refuses to obey the lawful orders of the BEI or conducts himself in a disorderly manner in its presence or within its hearing and thereby interrupts or disturbs its proceedings, the BEI may issue an order in writing directing any peace officer to take said person into custody until the adjournment of the meeting, but such order shall not be executed as to prevent said person from voting. A copy of such written order shall be attached to the Minutes; and (As revised)

e) Perform such other functions prescribed by law or by the rules and regulations promulgated by the Commission.

SEC. 11. Proceedings of the BEI. - The meeting of the BEI shall be public and shall be held in the polling place designated by the Commission.

The BEI shall act through its chairman and shall decide by majority vote, without delay, all questions, which may arise in the performance of its duties.

SEC. 12. Voting Privilege of the Members of BEI. - Members of the BEI who are registered voters in precincts other than where they are assigned, may avail of the Local Absentee Voting, or on the day of the elections, vote in the precincts where they are registered, provided that they do so when the voting in their respective places of assignments is light, and their absence shall not be for more than twenty (20) minutes. For this purpose, they shall schedule their voting so that only one member of the BEI shall leave at any one time. (As revised)

SEC. 13. Prohibition against political activity. No member of the BEI or its support staff shall engage in any partisan political activity or take part in the election except to discharge his duties as such and to vote.

SEC. 14. Honoraria of the BEI and their support staff; /Deped Supervisor and their support staff. The chairman and members of the BEI shall each receive an honorarium of three thousand pesos (P3,000.00). In addition, each shall receive P500.00 for the Inspection, Verification and Sealing of Book of Voters; P500.00 for the Testing and Sealing of Machines; P300.00 for one-time transportation allowance and service credits for three days of service (day before the elections, election day and day after elections). (As revised)

Support Staff shall receive an honorarium of P1,500.00 each and service credits for three (3) days of service (day before the elections, election day and day after elections). (As revised)

There shall be at least one (1) DEpEd Supervisor Official with one (1) support staff for every polling center. In case of polling centers with more than ten (10) clustered precincts, an additional DepEd supervisor official with one (1) support staff shall be constituted, as follows: (New)

No. of clustered precincts	No. of DepEd Supervisor Official	No. of support staff
1-10 11-20 21-30 and so on	1 2 3	1 2 3

The DepEd Supervisors, in coordination with the Election Officer, shall, among other things:

a) Plan, organize and supervise the setting-up of a voter assistance center at the polling center to assist voter in locating their polling places;

b) Plan, organize and supervise the crowd management at the entrance areas of polling places;

c) Maintain a list of technical personnel as well as PNP and AFP personnel in the polling centers for efficient coordination in case of need; and

d) Serve as the contact and point person of the EO in the polling center;

The Support Staff of the DepEd Supervisor shall assist the latter in undertaking the abovementioned functions.

Supervisors for ten clustered precincts shall receive an honorarium of P3,000.00 and service credits for three (3) days of service (day before the elections, election day, and day after elections); while their support staff shall receive an honorarium of P1,500.00 and service credits for three (3) days of service (day before the elections, election day, and day after elections) (New)

The COMELEC shall allocate the amount of Thirty Million Pesos (P30,000,000.00) for election-related death or injuries that may be sustained by DepEd employees in the performance of election duties. Provided that in case of death while in the performance of election duties, the heirs of the deceased official/employee shall be given the amount of Two Hundred Thousand Pesos (P200,000.00). (As revised)

SEC. 15. Official watchers of candidates, political parties and other groups. - Each candidate and registered political party or coalition of political parties duly registered with the Commission and fielding candidates in the election, as well as duly accredited citizens arms may appoint two watchers, to serve alternately, in every polling place. However, candidates for Senator, candidates for Member, Sangguniang Panlalawigan or Sangguniang Panlungsod, or Sangguniang Bayan, belonging to the same ticket or slate, shall collectively be entitled to one watcher.

Duly accredited citizens arms of the Commission shall be entitled to appoint a watcher in every polling place. Other civil, professional, business, service, youth, and any other similar organizations, with prior authority of the Commission, shall be entitled collectively to appoint one watcher in every polling place.

If, because of limited space, all watchers cannot be accommodated in the polling place, preference shall be given to the watchers of the dominant majority and dominant minority parties as determined by the Commission and the watcher of the citizens arm, with the latter being given preferential position closest to the BEI. In case there are two or more citizens arm, the one authorized by the Commission to conduct an unofficial count shall be given preference. (As revised)

SEC. 16. Qualifications of watchers. - No person shall be appointed watcher unless he:

a) Is a registered voter of the city or municipality comprising the precinct where he is assigned;

b) Is of good reputation;

c) Has not been convicted by final judgment of any election offense or of any other crime;

d) Knows how to read and write Pilipino, English or of the prevailing local dialect; and

e) Is not related within the fourth civil degree of consanguinity or affinity to the chairman or to any other member of the BEI in the polling place where he seeks appointment as watcher.

SEC. 17. Rights and duties of watchers - Upon entering the polling place, the watchers shall deliver to the chairman their appointments as watchers, and their names shall forthwith be recorded in the Minutes with a notation under their signatures that they are not disqualified to serve as such under the immediately preceding Section. The appointments of the watchers shall bear the signature of the candidate or duly authorized representative of the party, organization or coalition that appointed them. For this purpose, at least fifteen (15) days before election day, independent candidates, registered parties, organizations, or coalitions authorized by the Commission to appoint watchers shall provide the Election Officers concerned with the names and signatures of their representatives authorized to appoint watchers in the city or municipality.

The watchers shall have the right to:

a) Witness and inform themselves of the proceedings of the BEI;

b) Take note of what they may see or hear;

c) Take photographs of the proceedings and incidents, if any, during the voting, counting of votes, as well as of the generated election returns and of the ballot boxes;

d) File a protest against any irregularity or violation of law which they believe may have been committed by the BEI or by any of its members or by any person; and

e) Obtain from the BEI a certificate as to the filing of such protest and the resolution thereof.

Watchers shall not speak to any member of the BEI, or to any voter or among themselves, in such a manner as would disturb the proceedings of the BEI.

The watchers representing the dominant majority and dominant minority parties fielding candidates and the watcher of the citizens arm shall, if available, affix their signatures and thumbmarks in the election returns.

SEC. 18. Election forms, documents and supplies. - Except when authorized to do so earlier by the Commission, the BEI shall get the forms, documents and supplies early in the morning of election day. The City/Municipal Treasurer shall distribute the following forms, documents and supplies per precinct/clustered precincts.

FROM THE CITY/MUNICIPAL TREASURER

CEF NO.	DESCRIPTION	RATE OF DISTRIBUTION
ELECTION FORMS
A3	Poster Indicating the Clustered Precincts Numbers	1	Piece
A6	Official Ballots	1	pc. per voter
A12	Paper Seal	75	Pieces
A14	Certificate of Receipt of Official Ballots, Other Forms and Supplies by BEI	3	Pieces
A27	Official Receipt of Election Returns	30	Pieces
ENVELOPES FOR VOTING AND COUNTING
A15	For Rejected ballots, Half of Torn Unused Official Ballots and Other Half of Torn Unused Official Ballots	3	Pieces
A17	For Election Returns	30	Pieces
OTHER ENVELOPES
A18-A	For Main Memory Card, i-button Security Key, PINs, Initialization Report, Audit Log, and Precinct Statistical Report	6	Pieces
OTHER FORMS
A30/A31	Temporary Appointment of Chairman/Poll Clerk/Third Member/Support Staff	10	Pieces
A35	Certificate of Challenge or Protest and Decision of the BEI	10	Pieces
A39	Oath of Voter Challenge for Illegal Acts	10	Pieces
A40	Oath of Identification of Challenged Voter	10	Pieces
SUPPLIES
	Bond Paper (long)	30	Pieces
	Ballot Secrecy Folder	22	Pieces
	Thumbprint Taker	1	pc. per precinct in a cluster
	Seal with Steel Wire for Ballot Box	1	Piece
	Indelible Stain Ink	2	Bottles per precinct cluster
	Instruction to Voters	1	Pc. per clustered precinct
	Marking pens	1 or 2	Box/es
	Ballpen	6	Pieces

(As revised)

FROM THE ELECTION OFFICER

a) Book of Voters;

b) One (1) copy of the Precinct Computerized Voters List (PCVL) and supplemental PCVL, if any, for posting outside the precinct;

c) Two (2) copies of Election Day Computerized Voters List (EDCVL/ (List of Voters with Voting Record) and supplemental EDCVL, if any; and

d) Copies of Appointment and Oath of Office of the BEI and Support Staff (A5 &A5-A). (As revised)

The Book of Voters should be duly sealed. The PCVL and EDCVL should all be duly certified by the Election Registration Board.

The poll clerk, third member and the support staff, if any, shall have custody of the Book of Voters and one (1) copy of the EDCVL.

The BEI shall carefully check the different election forms, documents and supplies and the quantity actually received. The BEI shall sign a Certificate of Receipt (A14) in three copies, the original of which shall be delivered to the City/Municipal Treasurer, who shall transmit the same to the ERSD, Comelec, Manila, immediately after election day. (As revised)

SEC. 19. Forms to be reproduced when needed. The following forms may be reproduced when needed:

a) Temporary Appointment of Chairman/Poll Clerk/Member (Annex "A");

b) Certificate of Challenge or Protest and Decision of the BEI (Annex B);

c) Oath of Voter Challenged for Illegal Acts (Annex "C"); and

d) Oath To Identify A Challenged Voter (Annex "D").

SEC. 20. Date of election. - The election shall be held on May 10, 2010.

SEC. 21. Voting hours. - The casting of votes shall start at seven o'clock in the morning and shall end at six o'clock in the evening of election day.

If at six o'clock there are still voters within thirty (30) meters in front of the polling place who have not yet cast their votes, voting shall continue but only to allow said voters to cast their votes without interruption. The poll clerk shall, without delay, prepare a complete list containing the names of said voters consecutively numbered. The voters listed shall be called to vote by the poll clerk by announcing each name three (3) times in the order in which they are listed. Any voter in the list who is not present when called shall not be allowed to vote at any later time. The said list shall be submitted to the Election Officer.

SEC. 22. Place of voting. - Voters shall cast their votes in the polling place designated by the Commission. The poster indicating the clustered precinct number (A3) shall be prominently posted near or at the door of the polling place.

SEC. 23. Who may vote. - All registered voters whose names appear in the Posted Computerized Voters List (PCVL) or EDCVL, or whose registration records have not been cancelled or deactivated, may vote in the election.

SEC. 24. Challenge against illegal voters. - Any voter or watcher may challenge any person offering to vote for:

a) Not being registered;

b) Using the name of another; or

c) Suffering from an existing disqualification.

In such case, the BEI shall satisfy itself as to whether or not the ground for the challenge is true by requiring proof of registration, identity or qualification. The BEI shall identify the voter through his photograph, fingerprint, or specimen signatures in the VRR or EDCVL. In the absence of any of the above-mentioned proof of identity, any member of the BEI may identify under oath a voter, and such act shall be reflected in the Minutes.

SEC. 25. Challenge based on certain illegal acts. Any voter or watcher may challenge any voter offering to vote on the ground that he:

a) Received or expects to receive, paid, offered or promised to pay, contributed, offered or promised to contribute money or anything of value as consideration for his vote or for the vote of another; or

b) Made or received a promise to influence the giving or withholding of any such vote; or

c) Made a bet or is interested directly or indirectly in a bet that depends upon the results of the election.

In such case, the challenged voter shall take an oath before the BEI that he has not committed any of the acts alleged in the challenge. Upon taking such oath, the challenge shall be dismissed and the voter shall be allowed to vote. In case the voter refuses to take such oath, the challenge shall be sustained and the voter shall not be allowed to vote.

SEC. 26. Record of challenges and oaths. - The BEI shall record in the Minutes all challenges and oaths taken in connection therewith and its decision in each case.

SEC. 27. Rules to be observed during the voting. During the voting, the BEI shall see to it that:

a) Voters shall vote in the order of their arrival in the polling place;

b) No watcher shall enter the place reserved for the voters and the BEI, nor mingle and talk with the voters;

c) No person carrying any firearm or any other deadly weapon, except those expressly authorized by the Commission, shall enter the polling place;

d) There shall be no crowding of voters and disorderly behavior inside the polling place; and

e) The ballot box shall remain locked during voting.

SEC. 28. Persons allowed inside the polling place. - Only the following persons shall be allowed inside the polling place:

a) Members of the BEI and support staff, if any;

b) Watchers who shall stay only in the space reserved for them;

c) Representatives of the Commission;

d) Technical support staff assigned in the voting center duly designated by the Commission who may be summoned by the BEI in order to address some technical problems;

e) Voters casting their votes;

f) Voters waiting for their turn to cast their vote;

g) Other persons who may be specifically authorized by the Commission.

SEC. 29. Persons not allowed to enter the polling place. - Unless specifically authorized by the Commission, it is unlawful for the following to enter any polling place or stay within a radius of fifty (50) meters thereof, except to vote:

a) Any officer or member of the Armed Forces of the Philippines or the Philippine National Police; (Renumbered)

b) Any peace officer or any armed person belonging to any extra-legal police agency, special forces, reaction forces, strike forces, Civilian Armed Force Geographical Units, baragay tanods or other similar forces or para-military forces, including special forces, security guards, special policemen; (Renumbered)

c) All other kinds of armed or unarmed extra-legal police forces; and (Renumbered)

d) Any barangay official, whether elected or appointed. (Renumbered)

However, the BEI may, by a majority vote, if it deems necessary, order in writing the detail of a policeman or any peace officer for its protection or for the protection of the election documents and paraphernalia. Such order shall be entered in the Minutes. Said policeman or peace officer shall stay outside the polling place near enough to be easily called by the BEI at anytime. In no case shall the said policeman or peace officer hold any conversation with any voter or disturb or prevent or in any manner obstruct the free access of the voters to the polling place.

SEC. 30. Prohibition on voting. It shall be unlawful for a voter to:

a) Bring the ballot, ballot secrecy folder or marking pen outside of the polling place;

b) Speak with anyone other than as herein provided while inside the polling place;

c) Prepare his ballot without using the ballot secrecy folder or exhibit its contents;

d) Fill his ballot accompanied by another, except in the case of an illiterate or person with disability/disabled voter;

e) Erase any printing from the ballot, or put any distinguishing mark on the ballot;

f) Use carbon paper, paraffin paper or other means of making a copy of the contents of the ballot, or otherwise make use of any other scheme to identify his vote, including the use of digital cameras, cellular phones with camera or similar gadgets;

g) Intentionally tear or deface the ballot; and

h) Disrupt or attempt to disrupt the normal operation of the PCOS.

SEC. 31. Preparation of ballots for illiterate and person with disability/disabled voters. No voter shall be allowed to vote as illiterate or person with disability/disabled unless such fact is indicated in the EDCVL or VRR. If so, he may be assisted in the preparation of his ballot, by any:

a) Relative within the fourth civil degree of consanguinity and affinity; or (As revised)

b) Any person of his confidence who belongs to the same household; or

c) Any member of the BEI. (As revised)

A person with physically impaired capacity to use the AES may also be assisted in feeding his ballot into the PCOS. The assistor shall ensure that the contents of the ballot are not displayed during the feeding of the same into the PCOS.

All assistors must be of voting age.

No person may assist an illiterate or person with disability/disabled voter more than three (3) times, except the members of the BEI.

In all cases, the poll clerk shall first verify from the illiterate or person with disability/disabled voter whether the latter had authorized the assistor to help him to cast his vote.

The assistor shall, in the presence of the illiterate or person with disability/ disabled voter, prepare the ballot using a ballot secrecy folder.

The assistor shall bind himself in writing and under oath to fill the ballot strictly in accordance with the instructions of the voter and not to reveal the contents thereof, by affixing his signature in the appropriate space in the Minutes.

SEC. 32. Accessibility of polling place to person with disability/ disabled voters. - All polling places of precincts where there are persons with disability/disabled voters shall be located at the ground floor of the voting centers, unless not feasible. For this purpose, the EOs shall coordinate with the proper school or building officials.

SEC. 33. Prohibition against premature announcement of voting. - During the voting, no member of the BEI shall make any announcement as to whether a certain registered voter has already voted or not, as to how many have already voted or how many so far have failed to vote or any other fact tending to show or showing the state of the polls; nor shall he make any statement at any time, except as witness before a court or body as to how many persons voted.

SEC. 34. Preliminaries to the voting. - The BEI shall meet at the polling place at six o'clock in the morning of Election Day and ensure that the PCOS box and the ballot box are inside the polling place. (As revised)

a) Post one copy of PCVL of each precinct in the cluster, near or at the door of the polling place; (As revised)

b) Show to the public and the watchers present that the: (As revised)

1. PCOS box is sealed;
2. Ballot box is locked and empty;
3. Package of official ballots and the Book of Voters are both duly sealed, and thereafter, break the seals.

c) Remove the sticker seal of the PCOS box; (As revised)

d) Open the PCOS box; (As revised)

e) Check whether the following are inside the PCOS box: (As revised)

1. Checklist of contents of the box;
2. PCOS machine;
3. Power cord of the PCOS;
4. One (1) envelope containing spare iButton;
5. Three (3) rolls of official thermal paper;
6. Three (3) PINs of the BEI;
7. One (1) PIN for re-zeroing which shall remain in the PCOS box;
8. Modem, if any*
9. Two (2) copies of the Minutes

* There shall be at least one (1) Modem in every polling center.

f) Retrieve the Minutes from the PCOS box and: (As revised)

1. Check if the serial number of the seal used in the PCOS box is the same as the serial number recorded in the Testing and Sealing of the Minutes;
2. Enter in the Minutes the number of ballots as indicated in the package of the ballots; and the fact that the PCOS box, package of ballots, and the Book of Voters were shown to the public with the seals intact.

g) Retrieve the PIN of the BEI and distribute the same among themselves. The re-zero PIN shall not be used on election day; (As revised)

h) Retrieve the PCOS from its box; (As revised)

i) Show to the public that the printer cover of the PCOS, slots labeled POLL WORKER and ADMINISTRATOR where the main memory card and back-up memory card, respectively are stored, and sealed; (As revised)

j) Unlock the sliding cover of the ballot box slit and break its plastic security seal; (As revised)

k) Place the PCOS properly on top of the ballot box; (As revised)

l) Break the plastic fixed length seal of the printer cover of the PCOS; (As revised)

m) Open the printer cover and the Chairman shall take out the iButton security key; (As revised)

n) Verify that the roll of paper is already properly installed; (As revised)

o) Close the printer cover; (As revised)

p) Connect the power adaptor to the PCOS AC power port (20VAC);  (As revised)

q) Plug the other end to the electrical outlet; (As revised)

r) Connect the battery to the PCOS DC power port (12 VDC). If there is no power, using a pen, press the RESET button located at the top of the PCOS AC power port; (As revised)

s) Wait until the PCOS displays the message PLEASE INSERT SECURITY KEY FOR AUTHENTICATION; (As revised)

t) The Chairman shall place the iButton security key on top of the iButton security key receptacle and apply slight pressure thereon until the message SECURITY KEY VERIFIED appears on the PCOS screen. Wait until the MAIN MENU is displayed. The iButton shall be in custody of the Chairman until the closing of voting.; (As revised)

u) The certified IT-capable member of the BEI shall perform the following procedures: (As revised)

1. Select OPEN VOTING from the Main Menu;
2. The PCOS shall then request for the PIN of the poll clerk who will then enter his PIN and press ENTER;
3. Validate the PIN and display a message PIN ACCEPTED;
4. Request for the second PIN from the the third member who will then enter his PIN and press ENTER;
5. Validate the PIN and display a message PIN ACCEPTED;
6. Display two (2) options: INITIALIZE VOTE COUNTERS and PREVIOUS SCREEN;

v) Press the INITIALIZE VOTE COUNTERS option of the PCOS. The PCOS shall: (As revised)

1. Display the message INITIALIZING VOTE COUNTERS;
2. Automatically print the Initialization Report showing zero (0) vote for each candidate including the geographic information (province, city/municipality, barangay, voting center and individual precinct in the cluster);
3. After printing the Initialization Report, the PCOS will display the message, WOULD YOU LIKE TO PRINT MORE COPIES OF THIS REPORT? with YES and NO options. Press NO. The PCOS will display the message PLEASE INSERT BALLOT. Now, the PCOS is ready to accept ballots.

w) Detach the Initialization Report, affix their signatures thereon including the representatives of the political parties, candidates or citizens arms present; (As revised)

x) The Chairman shall then place the Report inside the envelope (A18-A) for submission to the Election Officer after the voting, for his safekeeping. (As revised)

SEC. 35. Manner of obtaining ballots. - The voter shall:

a) Look for his name in the PCVL posted near the door of the voting center and determine his precinct number and sequence number; (Renumbered)

b) Approach the BEI member or the support staff in-charge of the precinct, give his sequence number in the PCVL, name and address, together with the other data concerning his person; (Renumbered)

c) The BEI or the support staff shall verify if the name of the voter is in the EDCVL. If the name of the voter is in the EDCVL, his identity shall then be established through the following: (Renumbered)

1. His photograph in the EDCVL or specimen signatures in the Voters Registration Record (VRR) or any authentic document which may establish his identity except barangay certificate or community tax certificate; or
2. In the absence of any of the above-mentioned proof of identity, any member of the BEI or any registered voter of the precinct/clustered precinct may identify under oath a voter, and such act shall be reflected in the Minutes.
3. If the BEI or support staff is satisfied with his identity, the name of the voter shall be distinctly announced in a tone loud enough to be heard throughout the polling place. Otherwise, the voter shall be directed to leave the polling place after informing him the reason thereof. If the voter is not challenged, or having been challenged, the question has been decided in his favor, the voter shall be directed to the chairman of the BEI.

d) Before giving the ballot to the voter, the chairman of the BEI shall: (As revised)

1. Check if any of the fingernails of the voter has already been stained with indelible ink. If stained, it shall be a conclusive presumption that he has already cast his vote. As such, the voter shall be directed to leave the polling place after informing him the reason thereof. This fact, including the name and the precinct of the voter, shall be recorded by the Poll Clerk in the Minutes; (Renumbered)
2. After verifying that no fingernail has been stained, affix his signature in the EDCVL; (Renumbered)
3. Authenticate the ballot by affixing his signature at the designated space at the front thereof. (Renumbered)

The failure to authenticate the ballot shall not invalidate the ballot but shall constitute an election offense.

4. Instruct the voter on how to fill-up the ballot properly. (Renumbered)
5. Insert the ballot in the secrecy folder in such a manner that its face is covered, except the portion where his signature in the ballot appears, and give the ballot to the voter. (Renumbered)

Only the chairman shall issue the official ballots, and not more than one ballot shall be issued at one time.

6. Require the voter to affix his signature on the proper space in the EDCVL. (Renumbered)

SEC. 36. Manner of voting. - Voting shall be conducted in the following manner:

a) The voter shall, using a ballot secrecy folder and the marking pen provided by the COMELEC, fill his ballot by fully shading the oval beside the names of the candidates and political party participating in the party list system of representation of his choice; (Renumbered)

b) The voter shall then approach the PCOS, insert his ballot in the ballot entry slot and wait until message CONGRATULATIONS. YOUR VOTE HAS BEEN REGISTERED. appears on the screen. The BEI shall monitor the PCOS screen to make sure that the ballot was successfully accepted. Thereafter, the voter shall return the ballot secrecy folder and marking pen to the chairman; (As revised)

c) The BEI shall apply indelible ink at the base and extending to the cuticle of the right forefinger nail of the voter, or any other nail if there be no forefinger nail; (Renumbered)

d) The voter shall affix his thumbmark on the corresponding space in the EDCVL; and (Renumbered)

e) The voter shall then leave the polling place. (Renumbered)

SEC. 37. Shortage of ballots; Procedure. In case the official ballots of a precinct have all been used up and there are still voters registered in the precinct waiting to cast their votes, the Chairman shall: (New)

a) Do steps (c) to (d) under Section 34 hereof;

b) Issue a Certification to the voter, stating that he is a registered voter of the precinct, but there are no more available ballots for use;

c) Record such facts in the Minutes; and

d) Request the Third Member to accompany the voter to the next precinct belonging to the same councilor district, where he shall cast his vote.

e) The Chairman of the precinct where the voter is directed to vote shall:

1. Require the voter the Certification issued by the Chairman of his precinct;
2. Record in the Minutes the name of the voter, his precinct number and the fact that a Certification by the Chairman of the precinct that there are no more available ballots thereat;
3. Write the name of the voter in the EDCVL indicating opposite his name his precinct number; and
4. Before issuing a ballot to the voter, observe Steps (c) to (d) of Section 34 and ensure that the voter observes procedure under Section 35 hereof.

SEC. 38. Rejected ballots; Procedure. - Ballots may be rejected by the PCOS during the scanning. There will be three (3) different types of messages when the PCOS rejects a ballot. For each message, the BEI shall observe the following procedures: (As revised)

a) AMBIGUOUS MARK

1. Let the voter review his ballot and ensure that the ovals opposite the names of candidate/party voted for are fully shaded.

b) MISREAD BALLOT - let the voter re-feed the ballot in 4 different orientations of ballot.

c) INVALID BALLOT

1. Verify if the ballot belongs to the precinct. If the ballot belongs to another precinct, the voter shall return the ballot to the Chairman who shall proceed to Steps 4 and 5 hereof;
2. If the ballot belongs to the precinct, let the voter re-feed the ballot in 4 different orientations.

d) In all cases, if the PCOS rejects a ballot, the voter shall return the ballot to the Chairman who shall:

1. Distinctly mark the back thereof as REJECTED,;


2. Require all members of the BEI to sign at the back thereof, and place inside the Envelope for Rejected Ballots (A15).

e) No replacement ballot shall be issued to a voter whose ballot is rejected by the PCOS;

f) Any party objecting to the rejection of the ballot shall reduce his objection in writing, which the BEI shall attach and note in the Minutes.

SEC. 39. Disposition of unused ballots. After the voting, the chairman in the presence of the BEI shall: (Renumbered)

a) Record in the Minutes the quantity of unused ballots; (Renumbered)

b) Tear the unused ballots in half lengthwise; (Renumbered)

c) Place one half in the envelope (A15), and submit to the EO for safekeeping; and (Renumbered)

d) Place the other half in another envelope (A15), and then deposit inside the compartment of the ballot box for valid ballots. Such facts shall be entered in the Minutes. (Renumbered)

SEC. 40. Counting of ballots and transmission of results; Procedure. (Renumbered) (As revised)

a) At the end of voting and before the start of counting of votes, the Chairman shall place the iButton security key on top of the iButton security key receptacle and apply slight pressure thereon. Remove the iButton security key from its receptacle, after which the PCOS will display the Main Menu;

b) Press the CLOSE VOTING option in the Main Menu;

c) The screen will display a message ARE YOU SURE YOU WANT TO CLOSE VOTING? NO MORE BALLOTS WILL BE ACCEPTED AFTER THIS. Select YES option;

d) The PCOS will request for the PIN of the poll clerk who will then enter his PIN and press ENTER. The PCOS will validate the PIN and displays a message PIN ACCEPTED. The PCOS will request for the second PIN from the third member who will then enter his PIN and press ENTER. The PCOS will validate the PIN and displays a message PIN ACCEPTED;

e) The screen will display a message POLL IS BEING CLOSED PLEASE WAIT followed by another message VOTING HAS BEEN CLOSED NO MORE BALLOTS WILL BE ACCEPTED BY THIS PCOS;

f) Thereafter, the PCOS shall automatically count the votes and immediately display a message WOULD YOU LIKE TO DIGITALLY SIGN THE TRANSMISSION FILES WITH A BEI SIGNATURE KEY?, with a YES or NO option;

g) Press NO option. The PCOS will display ARE YOU SURE YOU DO NOT WANT TO APPLY A DIGITAL SIGNATURE? with a YES and NO option

h) Press YES option. A message shall be displayed PRINTING 8 COPIES OF NATIONAL RETURNS. PLEASE WAIT;

i) A message shall be displayed WOULD YOU LIKE TO PRINT MORE COPIES OF THIS REPORT with a YES and NO options. Press NO option;

j) Thereafter, the PCOS will display PRINTING 8 COPIES OF LOCAL RETURNS. PLEASE WAIT and the PCOS automatically prints the 8 copies;

k) A message shall be displayed WOULD YOU LIKE TO PRINT MORE COPIES OF THIS REPORT with a YES and NO options. Press NO option;

l) Detach the 8 copies of the ERs. After which, members of the BEI shall affix their signatures and thumb marks thereon;

m) The BEI shall ask the watchers present to affix their signatures on the printed ERs;

n) Place each copy of ER in its corresponding envelope and seal with a paper seal;

o) The chairman of the BEI shall publicly announce the total number of votes received by each candidate, stating their corresponding offices;

p) The poll clerk shall announce the posting of a copy of the ER both for national and local positions on a wall within the premises of the polling place/counting center which must be sufficiently lighted and accessible to the public, and proceed to post such copies;

q) After forty-eight (48) hours following the posting, the chairman of the BEI shall detach the posted printed copy on the wall and keep the same in his custody to be produced as may be requested by any voter for image or data capturing or for any lawful purpose as may be ordered by competent authority;

r) The PCOS will display a message READY TO TRANSMIT. PLEASE PLUG IN TRANSMISSION CABLE TO ELECTRONICALLY TRANSMIT ELECTION REPORTS AND PRESS OK TO CONTINUE;

s) Connect the transmission medium to the PCOS and press the OK button;

t) The PCOS will display a message DETECTING MODEM;

u) If the modem is properly connected, the PCOS will display the message MODEM DETECTED;

v) If checking of modem fails, the PCOS will display the message MODEM NOT DETECTED followed by the message TRANSMISSION CABLE NOT CONNECTED. RETRY? with YES and NO options. Check the connection of the transmission medium to the PCOS and if it is properly set up, press the YES button;

w) If after three (3) attempts, the transmission medium still fails, call the Support Technician.

x) The PCOS will display the following messages in succession;

1. IDENTIFYING TARGET SERVER < target server >
2. SERVER IDENTIFIED
3. CONTACTING SERVER < target server > RETRIES < no. of tries/3 >;
4. TRANSMITTING FILE [1/1] TO < target server > with percentage of completion

y) Wait until the message ELECTION REPORT SUCCESSFULLY TRANSMITTED TO < target server > is displayed;

The same message will appear when transmitting to central server and KBP-Parties-Citizen server.

z) After successful transmission to MBOC, KBP-Parties-Citizens and Central Server, the PCOS will display a message ALL ELECTION REPORTS HAVE BEEN SUCCESSFULLY TRANSMITTED TO 3/3 LOCATIONS. PLEASE DISCONNECT TRANSMISSION CABLE;

aa) Disconnect the transmission medium. The PCOS will display a message PRINTING TRANSMISSION REPORT. PLEASE WAIT . Followed by a message WOULD YOU LIKE TO PRINT MORE COPIES OF THIS REPORT with YES and NO options. Press NO option;

bb) The PCOS will display a message READY TO PRINT FINAL 22 COPIES OF ELECTION RETURNS. PLEASE REPLACE THERMAL PRINTER PAPER ROLL. PRESS OK WHEN READY with OK button;

cc) Replace thermal printer paper roll and press OK button;

dd) The PCOS shall display the message PRINTING 22 COPIES OF NATIONAL RETURNS. PLEASE WAIT followed by the message WOULD YOU LIKE TO PRINT MORE COPIES OF THIS REPORT? with a YES and NO option. Press NO option;

ee) The PCOS display the message PRINTING 22 COPIES OF LOCAL RETURNS. PLEASE WAIT followed by the message WOULD YOU LIKE TO PRINT MORE COPIES OF THIS REPORT? with a YES and NO option. Detach the printed 22 copies of Local Returns and press NO option;

ff) The PCOS shall display the message PRINTING STATISTICAL REPORT PLEASE WAIT followed by the message WOULD YOU LIKE TO PRINT MORE COPIES OF THIS REPORT? with a YES and NO option. Detach the printed Statistical Report and press NO option;

gg) The PCOS shall display the message PRINTING AUDIT LOG REPORT PLEASE WAIT followed by the message WOULD YOU LIKE TO PRINT MORE COPIES OF THIS REPORT? with a YES and NO option. Detach the printed Audit Log Report and press NO option;

The Statistical Report, Transmission Report and Audit Log report shall be placed in the envelope (A18-A) where the Initialization Report was placed;

hh) The PCOS shall automatically create back-up of files;

ii) After printing the remaining 22 copies of ER, the members of the BEI shall affix their signatures and thumb marks on the 22 printed ERs and ask the watchers present to affix their signatures on the printed election returns;

jj) If failure of transmission occurs in any of the target servers (City/Municipal, KBP-parties-citizens arm server, or central server), the PCOS will print Transmission Report.

kk) The PCOS will display a message WOULD YOU LIKE TO PRINT MORE COPIES OF THIS REPORT with YES and NO option. Press NO option;

ll) The PCOS will display the Main Menu;

mm) The certified IT-capable member of the BEI shall re-transmit the results to the target server by doing the following:

1. Press RE-TRANSMIT RESULTS option located in the Main Menu. List of target servers will be displayed;
2. Press the target server to transmit;
3. Wait until the transmission is successful. If after three (3) attempts, the transmission medium still fails, call the Support Technician;
4. Repeat Steps i to iii, if there are more than one (1) target servers, where there are transmission failure.

nn) Print the remaining 22 copies of ER and other reports by doing the following:

1. Select PRINT REPORTS from the Main Menu;
2. The PCOS will display a message PLEASE SELECT WHICH REPORT YOU WOULD LIKE TO PRINT;
3. List of reports will be displayed. Press the report that you would like to print;
4. The PCOS will display PLEASE ENTER THE NUMBER OF COPIES TO PRINT with a numeric keypad;
5. Press the desired number of copies (For ERs, press 22, for statistics report and audit log, press 1);
6. Press ENTER button. The PCOS will automatically print the number of copies desired for the report selected;
7. The PCOS will display a message WOULD YOU LIKE TO PRINT MORE COPIES OF THIS REPORT with YES and NO option. Press NO option. The PCOS will display the main menu;
8. Print 22 copies of ER for local, Statistical Report and Audit Log Report by following steps (nn) (i) and (ii);

oo) Create backup of files by following the steps below:

1. From the Main Menu, press BACK-UP AND PROTECT option;
2. The PCOS will display a message ARE YOU SURE YOU WANT TO BACK-UP DATA AND WRITE PROTECT BACK-UP CARD with YES and NO options. Select YES option;
3. The PCOS will display a message BACKING UP ELECTION DATA. PLEASE WAIT Wait until the message BACKUP SUCCESSFUL is displayed;
4. The PCOS will display a message WRITE PROTECTING RESULTS PLEASE WAIT Wait until the message WRITE PROTECT SUCCESSFUL The PCOS will automatically return to Main Menu.

pp) Unless otherwise ordered by the Commission, the BEI shall not stop or postpone the counting until it has been completed;

qq) In case a PCOS fails to count the vote or transmit/print the results, the Operator shall announce the error and undertake the necessary corrective measures. Should the Operator be unable to correct the error, he shall call on the Technical Support personnel assigned to the Voting Center for assistance. Such fact shall be noted in the Minutes.

SEC. 41. Disposition of Election Returns - After the printing of the election returns, the BEI shall individually fold the first eight (8) copies of election returns, seal each of them with serially numbered paper seals, place in the envelope (A17), and seal the envelopes, for distribution to the following: (As revised)

a) In the election of president, vice-president, senators and party-list system:

1. City or Municipal Board of Canvassers;
2. Congress, directed to the President of the Senate;
3. Commission;
4. Citizens' arm authorized by the Commission to conduct an unofficial count;
5. Dominant majority party as determined by the Commission in accordance with law;
6. Dominant minority party as determined by the Commission in accordance with law;
7. Ballot box;
8. Provincial Board of Canvassers;
9. Ten (10) accredited major national parties, excluding the dominant majority and minority parties, in accordance with a voluntary agreement among them. If no such agreement is reached, the Commission shall decide which parties shall receive the copies on the basis of the criteria provided in Section 26 of Republic Act No. 7166;
10. Two (2) accredited major local parties in accordance with a voluntary agreement among them. If no such agreement is reached, the Commission shall decide which parties shall receive the copies on the basis of criteria analogous to that provided in Section 26 of Republic Act No. 7166;
11. Four (4) national broadcast or print media entities as may be equitably determined by the Commission in view of propagating the copies to the widest extent possible
12. Two (2) local broadcast or print media entities as may be equitably determined by the Commission in view of propagating the copies to the widest extent possible;
13. Four (4) major citizens' arms, including the accredited citizens' arm, and other non-partisan groups or organizations enlisted by the Commission pursuant to Section 52(k) of Batas Pambansa Blg. 881. Such citizens' arms, groups and organizations may use the four certified copies of election returns for the conduct of citizens' quick counts at the local or national levels; and
14. One (1) to be posted conspicuously on a wall within the premises of the polling place or counting center.

b) In the election of local officials and members of the House of Representatives:

1. City or Municipal Board of Canvassers;
2. Commission;
3. Provincial Board of Canvassers;
4. Citizens' arm authorized by the Commission to conduct an unofficial count;
5. Dominant majority party as determined by the Commission in accordance with law;
6. Dominant minority party as determined by the Commission in accordance with law;
7. One (1) to be posted conspicuously on a wall within the premises of the polling place or counting center;
8. Ballot box;
9. Ten (10) accredited major national parties, excluding the dominant majority and minority parties, in accordance with a voluntary agreement among them. If no such agreement is reached, the Commission shall decide which parties shall receive the copies on the basis of the criteria provided in Section 26 of Republic Act No. 7166;
10. Two (2) accredited major local parties in accordance with a voluntary agreement among them. If no such agreement is reached, the Commission shall decide which parties shall receive the copies on the basis of criteria analogous to that provided in Section 26 of Republic Act No. 7166;
11. Five (5) national broadcast or print media entities as may be equitably determined by the Commission in view of propagating the copies to the widest extent possible;
12. Two (2) local broadcast or print media entities as may be equitably determined by the Commission in view of propagating the copies to the widest extent possible;
13. Three (3) major citizens' arms, including the accredited citizens' arm, and other non-partisan groups or organizations enlisted by the Commission pursuant to Section 52(k) of Batas Pambansa Blg. 881. Such citizens' arms, groups and organizations may use the four certified copies of election returns for the conduct of citizens' quick counts at the local or national levels; and

SEC. 42. Shutting Down of the PCOS. After the printing of all reports and transmission of precinct results to all destinations, the PCOS shall automatically display the main menu. The operator shall then press the SHUTDOWN option, and the PCOS automatically shutdown. (As revised)

SEC. 43. Disposition of PCOS, ballot boxes, keys, Election Returns and other documents. - Upon the termination of the counting of votes and the announcement of the results of the election in the precinct, the BEI shall:

a) Place inside the ballot box the sealed envelopes containing the following: (As revised)

1. Copy of Printed ER intended for the ballot box;
2. Copy of the Minutes of Testing and Sealing; Voting and Counting of Votes intended for the ballot box;
3. Half of torn unused ballots; and
4. Rejected Ballots.

b) Close the ballot box; lock it with one (1) serially numbered seal with steel wire and three (3) padlocks. The three (3) keys to the padlocks shall be placed in separate envelopes, which shall be sealed and signed by all members of the BEI;

c) Remove the main memory from the PCOS, place inside an envelope provided for the purpose, seal the same. Label the envelope with TRANSMITTED or NOT TRANSMITTED to show whether the results are transmitted or not. Indicate in the envelope the clustered precinct number and city/municipality. The labeled envelope shall be submitted to the Reception and Custody Group of the City/Municipal Board of Canvasser. The main memory shall be used by the Boards in case of failure of transmission;

d) Turn-over the PCOS to the Support Technician in the voting center;

e) Deliver the ballot box, accompanied by watchers, to the city or municipal treasurer;

For this purpose, the city/municipal treasurer shall provide at the voting center the necessary personnel and facilities for said delivery at the expense of the city/municipality.

In case the ballot box delivered by the BEI is not locked and/or sealed, the treasurer shall lock and/or seal the ballot box. The treasurer shall include such fact, including the serial number of the self-locking serially numbered fixed length seal used, in his report to the Commission.

f) Deliver to the Election Officer the following:

1. Book of Voters;
2. EDCVL;
3. PCVL;
4. Three (3) envelopes, each containing a key to a padlock of the ballot box, which shall each be delivered, under proper receipt, to the Provincial Election Supervisor, Provincial Prosecutor and Provincial Treasurer;
5. Envelope (A11) containing the copy of the Minutes intended for the Commission;
6. Envelope (A15) containing the other half of torn unused official ballots;
7. List of Voters allowed to vote, if any, after 6:00 oclock in the evening of May 10, 2010;
8. Envelope containing Initialization Report, Precinct Audit Log Report and Precinct Statistics Report;
9. The envelopes containing copies of the election returns intended for the Provincial Board of Canvassers, Regional Board of Canvassers and the Commission on Elections; and
10. The envelope containing the main memory card for use by the MBOC in case of failure of transmission;
11. Other pertinent papers and documents

After the counting of votes, the Provincial Election Supervisor, Election Officer (EO) or the Treasurer, shall require the BEI which failed to deliver the election documents or paraphernalia mentioned herein to deliver the same immediately.

SEC. 44. Preservation of the list of voters. The EO shall keep the EDCVL and PCVL in a safe place until such time that the Commission gives instructions on their disposition.

SEC. 45. Omission or erroneous inclusion of documents in ballot box. - If after locking the ballot box, the BEI discovers that some documents or articles required to be placed in the ballot box were not placed therein, the BEI, instead of opening it to place therein said documents or articles, shall deliver the same to the Election Officer. The Election Officer shall take appropriate measures to preserve the integrity of the documents.

In no instance shall the ballot box be reopened to place therein or to take out there from any document or article except in proper cases and with prior written authority of the Commission to retrieve copies of the election returns which will be needed in any canvass. In such instance, the members of the BEI and the watchers shall be notified of the time and place of the opening of said ballot box. However, if there are other authentic copies of the election returns outside of the ballot box which can be used in the canvass, such copies of the election returns shall be used in said canvass and the opening of the ballot box to retrieve copies of the election returns placed therein shall then be dispensed with.

SEC. 46. Special procedures. - The express provisions of this Resolution notwithstanding, the Commission may, in exceptional cases, adopt special procedures in the voting, counting, consolidation, transmission, storage, custody, distribution and retrieval of accountable forms and paraphernalia to fulfill its Constitutional mandate to ensure free, orderly, honest, peaceful and credible elections.

SEC. 47. Repealing clause. - This Resolution shall repeal Comelec Resolution No. 8739 promulgated on December 29, 2009. (New)

SEC. 48. Effectivity. This Resolution shall take effect on the seventh (7th) day after its publication in two (2) daily newspapers of general circulation in the Philippines.

SEC. 49. Publication and dissemination. - Let the Education and Information Department, this Commission, cause the publication of this Resolution in two (2) daily newspapers of general circulation in the Philippines and furnish copies thereof to all Regional Election Directors, Provincial Election Supervisors, Election Officers and Boards of Election Inspectors. (Renumbered)

SO ORDERED.

       

(Sgd.) JOSE A.R. MELO Chairman
(Sgd.) RENE V. SARMIENTO Commissioner	(Sgd.) NICODEMO T. FERRER Commissioner
(Sgd.) LUCENITO N. TAGLE Commissioner	(On Official Business) ARMANDO C. VELASCO Commissioner
(Sgd.) ELIAS R. YUSOPH Commissioner	(Sgd.) GREGORIO Y. LARRAZABAL Commissioner