Resolution No. 8793

The Commission on Elections, pursuant to the powers vested in it by the Constitution, the Omnibus Election Code, Republic Act No. 6646, Republic Act No. 7166, Executive Order No. 157 and other pertinent election laws, has RESOLVED to promulgate, as it hereby RESOLVES to promulgate, the following rules and regulations on local absentee voting.

SECTION 1. Local absentee voting, defined. Local absentee voting, as provided for under Executive Order No. 157 and Republic Act No. 7166, refers to a system of voting whereby government officials and employees, including members of the Armed Forces of the Philippines (AFP), and the Philippine National Police (PNP), who are duly registered voters are allowed to vote for the positions of President, Vice-President, Senators and Party-List Representatives in places where they are not registered voters but where they are temporarily assigned to perform election duties on election day.

SECTION 2. Who are entitled to avail of local absentee voting - Local absentee voting shall be exercised by: a) government officials and employees; b) members of the AFP; and c) members of the PNP, who are duly registered voters and who, on election day, may temporarily be assigned to perform election duties in places where they are not registered voters.

Government officials and employees posted abroad to perform election duties on election day may also avail of local absentee voting, provided, that they are registered voters under Republic Act No. 8189, otherwise known as The Voters Registration Act of 1996 and that they are not registered overseas absentee voters under Republic Act No. 9189, otherwise known as The Overseas Absentee Voting Act of 2003.

SECTION 3. Date and Place of Voting. Local absentee voters shall vote anytime from April 28 to 30, 2010 in the presence of an authorized Comelec representative of the city/municipality/province. For this purpose, the head of office/supervisor/commander of AFP, PNP, DEP ED, Warden of BJMP and other government agencies, shall designate the time and place of voting where the voters shall converge to vote, with prior written notice upon the Election Officer of the city/municipality.

SECTION 4. Positions to be voted for. For purposes of the 2010 National and Local Elections, only the positions of President, Vice-President, Senators and Party-List Representative shall be voted for under the local absentee voting.

SECTION 5. Committee on Local Absentee Voting - There shall be created a Committee on Local Absentee Voting (Committee) composed of the following:

Chairman	-	Commissioner designated by the Commission
Vice-Chairman		Director IV, ECAD
Members:
Group I NCR, CAR, Regions 1, 2, 3 &5	-	Ms. Corazon Poblador, Office of Chairman J. A.R. Melo Atty. Abigail Justine Lilagan, Office of Comm. R. V. Sarmiento Ma. Rocio Dela Cruz, Office of Comm. R. V. Sarmiento Atty. Manuel T. Lucero, Attorney V, ECAD Group Head Stella A. Macavinta, Exec. Assistant, ECAD Asst. Group Head
Group II Regions 4A, 4B, 6, 7 &8	-	Atty. Glinis Tamondong, Office of Comm. N. T. Ferrer Mary Grace E. Velasco, Office of Comm. L. N. Tagle Atty. Roseller B. Abad, Attorney V, ECAD Group Head Mairyan Revilla, Interpreter I, ECAD Asst. Group Head
Group III Regions 9, 10 &11	-	Mr. Arnel Guevarra, Office of Comm. A. C. Velasco Atty. Leah Angeli V. Abad, Attorney VI, ECAD Group Head Atty. Michael Garcia, Attorney V, ECAD - Asst. Group Head Atty. Jehan Marohombsar, Attorney IV, ECAD
Group IV Regions 12, CARAGA &ARMM	-	Mr. Abdulwahid P. Yusoph, Office of Comm. E. R. Yusoph Atty. Christian Tomas, Office of Comm. G. Y. Larrazabal Dr. Saga D. Mabaning, Division Chief, JRD, ECAD Group Head Atty. Fritzie Claire Casio, Attorney VI, ECAD Asst. Group Head

SECTION 6. Powers and Functions of the Committee. The Committee thru its Group, shall supervise the implementation of the local absentee voting and shall have the following powers and functions:

1. Receive accomplished applications for local absentee voting not later than March 15, 2010;
2. Verify whether the applicants are eligible for local absentee voting not later than April 11, 2010;
3. Prepare lists of all approved applications for local absentee voting per office/unit/battalion;
4. Transmit not later than April 24, 2010 the following to all concerned head of office/supervisor/commander:

(i) List of approved applications for local absentee voting; and
(ii) The exact number of local absentee ballots, inner and outer envelopes and paper seals corresponding to the number of approved applications.

5. Before elections, notify all City/Municipal Election Officers (EOs) concerned of the names of voters who are registered in the city/municipality and who will avail of local absentee voting;
6. Receive and take custody, under proper receipt, the accomplished local absentee ballots and other related documents from the head of office/ supervisor/ commander before 6:00 oclock in the afternoon of May 10, 2010;
7. Cause the delivery of the local absentee ballots contained in a ballot box immediately after the close of voting on May 10, 2010 to the Special Board of Election Inspectors (SBEIs) for counting;
8. Supervise the counting of ballots and canvassing of votes;
9. Receive for safekeeping all ballot boxes containing the counted ballots and related election documents from the SBEIs and Special Board of Canvassers (SBOC) for local absentee voting;
10. After elections, notify all City/Municipal Election Officers (EOs) concerned of the names of voters who actually voted under the system of local absentee voting; and
11. Perform and exercise such other functions and powers as may be necessary for the proper implementation of the local absentee voting.

SECTION 7. Procedures for filing of applications for local absentee voting. -

1. All persons who may avail of the local absentee voting as provided under Sec. 2 hereof shall file their application forms before the head of office/supervisor/commander.

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.

2. The head of office/supervisor/commander shall receive all accomplished and subscribed application forms from their respective personnel.
3. Not later than March 15, 2010, the head of office/supervisor/commander concerned shall submit directly to the Committee the following:

(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 immediately by the head of office/supervisor/commander directly to the Committee, c/o The Electoral Contests Adjudication Department (ECAD) 8th Floor, Palacio del Gobernador, Intramuros, Manila, immediately upon receipt thereof but not later than March 15, 2010.

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

1. That it was filed out of time;
2. That it was not sworn to or not under oath;
3. That it was not signed by the applicant or that it was signed only by his supervisor/head of office/commander, etc.;
4. That it was only photocopied/faxed;
5. That it was thumbmarked instead of being signed.

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 from the head of office/supervisor/commander concerned, the Committee shall verify whether the applicants are registered voters from the national list of registered voters provided by the Information and Technology Department (ITD), COMELEC.

Only the applications of those voters whose names are in the national database of voters shall be approved by the Committee and shall be included in the list of applicants who are qualified to vote under the local absentee voting system.

With respect to those names who are not found in the National Data Base, the Committee shall write the Election Officer concerned to verify from his records whether or not the said applicant/s is/are registered voter/s of his city/municipality. All responses of Election Officers to CLAVS query as to whether an applicant is registered or not shall be received by CLAV not later than April 11, 2010.

The Committee shall send to all City/Municipal EOs concerned a written notice of the voters whose applications for absentee voting have been approved 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: voting thru local absentee voting, to prevent substitute/multiple voting.

SECTION 10. Transmittal of list of qualified local absentee voters, local absentee ballots and other 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 24, 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 voters 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 of local absentee ballots, envelopes and paper seals. - On any day from April 28 to 30, 2010, the head of office/supervisor/commander concerned, under the direct supervision and presence of the Election Officer or his representative, 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 9 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 two (2) paper seals; and
5. Instruct the voter to immediately accomplish the ballot in accordance with Section 12 hereof and return the same to him.

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 the 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 shall, after he has collected all the accomplished ballots from the local absentee voters, immediately transmit said ballots, together with the list of qualified voters with signatures referred to in Section 11(a), to the Committee by the fastest means available c/o the Electoral Contests Adjudication Department, COMELEC, 8th Floor, Palacio del Gobernador, Intramuros, Manila, so that the ballots are received by the Commission not later than 6:00 oclock in the afternoon of May 10, 2010. The head of office/supervisor/commander concerned shall prepare in two (2) copies a transmittal letter containing a certification on the number of accomplished ballots collected by him. He shall submit to the Committee one (1) copy and retain the other copy for his file.

Unused official ballots shall be torn in half at the end of the voting period and shall likewise be transmitted to the Committee.

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 30, 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 17. Proceedings of the SBEI. - The SBEI shall meet in the designated office of the Commission, Intramuros, Manila at 6:00 oclock in the evening 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 oclock in the evening of May 10, 2010, the Committee shall distribute one ballot box containing the local absentee ballots each to the SBEI for counting. Should there be a ballot box containing less than 300 envelopes, the Committee shall equitably distribute said envelopes to the SBEIs.

SECTION 19. Manner of counting local absentee ballots. - Upon receipt of the envelopes containing the local absentee ballots, the SBEI shall proceed with the counting, 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 recorded 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. 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;
14. 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;
15. Accomplish the certification portion of the election returns and tally board;
16. 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;
17. Ensure that the entries on the first copy of the election returns are clearly impressed on the other copies; and
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 inside 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 eighth (8) 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 Congress directed to the President of the Senate;
4. The fourth copy, to the Commission thru the Election Records and Statistics Department (ERSD);
5. The fifth copy, to the dominant majority party as determined by the Commission;
6. The sixth copy, to the dominant minority party as determined by the Commission;
7. The seventh copy, to the accredited citizens arm of the Commission; and
8. The eighth 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 compartment 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 Board of Canvassers (SBOC) for local absentee voting, to be composed of ranking lawyers of the Commission, to be designated by the Chairman of the Committee not later than April 30, 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 oclock in the evening 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 Commission sitting as the National Board of Canvassers for use in the canvass of results for President, Vice-President, Senators and Party-List representatives;
2. The second copy, to be posted on a wall within the premises of the canvassing center;
3. The third copy, to the Chairman of the Board of Canvassers;
4. The fourth copy, to the citizens arm designated by the Commission to conduct a media-based unofficial count; and
5. The fifth and sixth 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.

The copy of the certificate of canvass of votes 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 COCV. After the prescribed period of posting, the SBOC shall collect the posted COCV and keep the same in its 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 27. Watchers. - In every meeting of the SBEI and the SBOC, each candidate for President, Vice-President and Senator, each duly registered political party, or coalition of political parties which has nominated candidates for President, Vice-President and Senator, sectors and organization participating under the party-list system, and one duly accredited citizens arm of the Commission of national constituency, shall be entitled to appoint, in writing, two (2) watchers serving alternately.

Civic, religious, professional, business, youth and any other similar organizations with prior authority from the Commission, shall collectively be entitled to appoint two (2) common watchers serving alternately.

SECTION 28. Applicability of Other Comelec Rules. - Rules and regulations promulgated by the Commission for the 2010 National and Local Elections are hereby adopted, incorporated and made integral parts of this resolution, insofar as they are applicable and not inconsistent with the provisions hereof.

SECTION 29. Effectivity. - This Resolution shall take effect after seven (7) days from its publication in two (2) daily newspapers of general circulation in the Philippines.

SECTION 30. 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.

The Committee on Local Absentee Voting shall immediately furnish copies hereof to the Department of Foreign Affairs, the Chief of Staff of the Armed Forces of the Philippines, the Director General of the Philippine National Police and all deputized departments and agencies or instrumentalities of the national government and all Regional Election Directors and Provincial Election Supervisors of the Commission, who will in turn furnish copies thereof to their respective Election Officers.

SO ORDERED.

(Sgd.) JOSE A.R. MELO Chairman
(Sgd.) RENE V. SARMIENTO Commissioner	(On Official Business) 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