Resolution No. 8820

WHEREAS, the Commission on Elections has adopted an Automated Election System (AES) for the May 10, 2010 National and Local Elections;

WHEREAS, under the said technology and as a security protocol against vote padding, the authorized number of registered voters is encoded into the system such that voters in excess of said number will not be able to vote, or that ballots in excess of said number will not be accepted by the system;

WHEREAS, Section 34 of Republic Act No. 8189 provides:

"Sec.34. - Petition for Inclusion of Voters in the List. - Any person whose application for registration has been disapproved by the Board or whose name has been stricken from the list may file with the court a petition to include his name in the permanent list of voters in his precinct at any time except one hundred five (105) days prior to a regular election or seventy-five (75) days prior to a special election. It shall be supported by a certificate of disapproval of his application and proof of service of notice of his petition upon the Board. The petition shall be decided within fifteen (15) days after its filing."

WHEREAS, Resolution No. 8646, promulgated on 14 July 2009, fixed the last day to file petitions for inclusion or exclusion of voters in the list of voters for purposes of the May 10, 2010 National and Local Elections on 30 November 2009 and 04 December 2009, respectively;

WHEREAS, under Republic Act 8189, the courts have fifteen (15) days from the filing of the petition or at the very least until 25 January 2010 to render their decisions in exclusion/inclusion proceedings;

WHEREAS, to ensure the orderly conduct of the May 10, 2010 National and Local Elections and the integrity of the automated election system, Section 34 of RA 8189 should be strictly implemented;

WHEREAS, there is a need to provide uniform policy to our field personnel in dealing with the decisions, resolutions or orders of the courts in inclusion proceedings, taking into consideration the requirements of the automated election system and aforesaid provisions of the law;

NOW, THEREFORE, the Commission on Elections, by virtue of the powers vested in it by the Constitution, the Omnibus Election Code, Republic Act No. 9369, and other pertinent election laws, RESOLVED as it hereby RESOLVES to direct all Election Officers to defer implementation of Decisions, Resolutions or Orders of Metropolitan/Municipal Trial Courts on inclusion of voters rendered/promulgated beyond the reglementary period provided under RA 8189 and to refer the same within five (5) days from receipt thereof, to the Law Department for proper disposition.

This Resolution shall take effect on the seventh (7th) day after its publication in two (2) daily news papers of general circulation.

Let the Executive Director implement this Resolution with dispatch.

S0 ORDERED.