Resolution No. 8947

WHEREAS, in Resolution No. 8837, promulgated on April 30, 2010, entitled, "IN THE MATTER OF THE GENERAL INSTRUCTIONS FOR THE CONDUCT OF A RANDOM MANUAL AUDIT (RMA) FOR THE MAY 10, 2010 NATIONAL & LOCAL ELECTIONS", the Commission on Elections resolved as follows:

"Section. 12 EFFECTS OF DISCREPANCY BETWEEN AES AND RMA

1. In the event the results of the AES exceed the allowable margin of variance, Section 24 of RA 9369 shall apply. "

WHEREAS, Section 24 of RA 9369 mandates as follows:

SEC 29. Random Manual Audit. - Where the AES is used, there shall be a random manual audit in one precinct per congressional district randomly chosen by the Commission in each province and city. Any difference between the automated and manual count will result in the determination of root cause and initiate a manual count for those precincts affected by the computer or procedural error. "

WHEREAS, there is a need to validate the random manual audit results for the precincts where the Automated Election System (AES) results exceed the allowable margin of variance preparatory to a technical determination of the root cause for such discrepancy in order to implement Sec. 12 of Res. No. 8837;

NOW, THEREFORE, by virtue of the powers vested in it by the Constitution of the Republic of the Philippines, the Omnibus Election Code, Republic Acts Numbered 9369, and other election laws, the Commission on Elections RESOLVED as it hereby RESOLVES, to promulgate the foregoing supplemental random manual audit procedures authorizing the Technical Working Group-Random Manual Audit (TWG-RMA) to proceed as follows:

1. Notify candidates, political parties and watchers, who may observe the proceedings, through the Regional Election Director (for NCR) or Provincial Election Supervisor (PES) of the date, time and place of retrieval and opening of ballot boxes;
2. Direct Comelec field officials to retrieve ballot boxes with keys containing the counted Official Ballots from the concerned City/Municipal Treasurers/Prosecutors and deliver the same to TWG-RMA. This retrieval authority is applicable in areas where the random manual audit is yet to be undertaken;
3. Constitute personnel to validate the findings of RMAT;
4. Open ballot boxes in observance of applicable provisions of Res. No. 8837;
5. Perform manual counting of Official Ballots for the positions with discrepancy in RMA and AES count in observance of applicable provisions of Res. No. 8837;
6. Record manual counting activity in the RMA Minutes;
7. Return the ballot box to the concerned City/Municipal Treasurer in case the findings is that the discrepancy does not actually exist or a mere mathematical error; and
8. Turn over the ballot box to the Technical Evaluation Committee (TEC) for technical determination of the root cause in case the findings is that the discrepancy is valid.

RESOLVED MOREOVER, to direct the Technical Evaluation Committee (TEC) to formulate the guidelines for root cause analysis.

Let the Technical Working Group-Random Manual Audit (TWG-RMA) in coordination with the Technical Evaluation Committee (TEC) implement this Resolution.

SO ORDERED.