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  5. Resolution No. 10297

Resolution No. 10297

Promulgation: 12 April 2018

GENERAL INSTRUCTIONS FOR THE BOARD OF ELECTIONS INSPECTORS (BEIs) ON THE CASTING AND COUNTING OF THE VOTES IN CONNECTION WITH THE 05 MAY 2018 RECALL ELECTIONS FOR MAYOR OF CABADBARAN CITY, AGUSAN DEL NORTE, PURSUANT TO COMELEC RESOLUTION NO. 10274 PROMULGATED ON MARCH 27, 2018

WHEREAS, on 27 March 2018 the Commission on Elections (Commission) promulgated Comelec Resolution No. 10274 dated 27 March 2018 setting the date of the recall elections for Mayor of Cabadbaran City, Agusan del Norte, on 05 May 2018;

NOW THEREFORE, pursuant to the powers vested in it by the Constitution, the Omnibus Election Code, Republic Act No. 7160, 7166, 9244, 10756 and other election laws, the Commission RESOLVED to promulgate, as it hereby RESOLVES to promulgate the following General Instructions for the Board of Election Inspectors (BEIs) on the Casting and Counting of Votes in connection with the 05 May 2018 Recall Elections for Mayor of Cabadbaran City, Agusan del Norte:

Article I
BOARD OF ELECTIONS INSPECTORS, DEPARTMENT OF EDUCATION SUPERVISOR OFFICIAL (DESO) AND SUPPORT STAFF

SECTION. 1. Board of Election Inspectors (BEIs); constitution and appointment. - The Election Officer (EO) of Cabadbaran City, Agusan del Norte, shall constitute and appoint, not later than April 20, 2018, the BEIs for each grouped/ clustered in the city, in writing in the form (CE Form No. 5) prescribed by the Commission.

The Board of Election Tellers (BEIs) constituted and appointed for the 14 May 2018 may be constituted and appointed as BEIs for the 05 May 2018 recall elections provided they are qualified, willing and available.

SEC. 2. Composition of the BEIs. - Each BEI shall be composed of a Chairperson, Poll Clerk and Third Member.

Sec 2.1 As far as practicable and in order to ensure the protection of women Electoral Board members, they may not be assigned in areas with security concern, far flung barangays, or areas likely to cause gender-based violence or are likely to result in, physical, sexual, or psychological harm, difficulty or suffering.

SEC. 3. Right of Preference. - In the appointment of the Members of the BEIs, the EO shall give preference to public school teachers who are qualified, willing and available to render election - related service.

SEC. 4. Qualifications of Members of the BEIs. - No person shall be appointed as Member of the BEI, whether regular, temporary or as a substitute, unless such person is/has:

  1. Of good moral character and irreproachable reputation;
  2. Of known integrity and competence;
  3. A registered voter;
  4. Never been convicted of any election offense or of any crime punishable by more than six (6) months of imprisonment, or has no pending information for any election offense filed against him; and
  5. Able to speak and write Filipino, English or the local dialect.

SEC. 5. Disqualification of Members of the BEI. - No person shall be appointed as Member of the BEI if said person is related within the fourth (4th) civil degree of consanguinity or affinity to any member of the same BET or to any candidate to be voted for in the polling place of assignment or to the said candidate's spouse.

SEC. 6. Notice of disqualification. - Any chairman or member of the BEIs 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. 7. Temporary vacancies in the BEIs. - If at the time of the meeting of the BET, 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. 8. 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 BEIs.

SEC. 9. Appointment and oath of members of the BEIs. - The Election Officer shall accomplish the form for the Appointment of the Chairman and Members of the BEIs (CEF 5) in three (3) copies, and require the chairman and members of the BEIs to affix their signatures and imprints of their right thumbs thereon and to sign the Oath of Office (CEF 5A) before him and before the BEI assumes office.

Copies of the Appointment and Oath (CEF 5 & 5A) shall be distributed, as follows:

  1. 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
  2. the third copy shall be issued to the chairman/members of the BEIs.

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

  1. Conduct the voting and counting of votes in their respective polling places;
  2. Act as deputies of the Commission in the supervision and control of the election in the polling place wherein they are assigned;
  3. Maintain order within the polling place and its premises, keep access thereto open and unobstructed, and enforce obedience to its lawful orders. If any person refuses to obey the lawful orders of the BEIs or conduct himself in a disorderly manner in its presence or within its hearing and thereby interrupts or disturbs its proceedings, the BEIs may issue an order in writing any peace officer to take such person into custody until the adjournment of the meeting, but such order shall not be executed as to prevent such person from voting; and
  4. Perform such other functions prescribed under the Omnibus Election Code or by the rules and regulations promulgated by the Commission.

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

The BEIs 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. Relief and substitution of members of the Board of Election Inspectors. - The members of the BEIs shall not be relieved unless disqualified in accordance with Secs. 2 and 3 hereof. If any member of the BEIs suffers disqualification, he shall voluntarily inhibit himself by submitting an affidavit stating the fact of disqualification to the Election Officer (EO).

Within three (3) days after their constitution and appointment, the EO shall post a list of the members of the BEIs in the bulletin boards of his office and of the city hall.

SEC. 13. Grounds for the Appointment of Qualified Substitutes. - In case there are not enough public school teachers, who are qualified, willing and available, qualified substitutes may be appointed by the EO, in either of the following cases:

  1. There is a lack of public school teachers to be constituted as Members of the BEI based on the certified list submitted by the DepEd official to the EO vis-a-vis the number of clustered or grouped precincts in the city; or
  2. One or more of the public school teachers in the certified list has or have been disqualified by the EO and there are no other public school teachers in the locality who are qualified, willing and available to be appointed as substitute/s.

Substitutes shall be on - call on election day.

The EO shall cause the deployment of substitute in case any member of the BEI fails to report in their designated polling place. However, in the following instances, members of the BEI present may appoint a registered voter as substitute to temporarily fill such vacancy, until the regular member appears:

  1. There is considerable distance between the residence of the substitute and the location of the polling place;
  2. Lack or difficulty of means of transportation; and
  3. Inability of the BEI to inform the EO of the non-appearance of any of the member.

SEC. 14. Prohibition on partisan political activity. - No BEI members shall engage, directly or indirectly, in any partisan political activity or take part in the election except to discharge election duties and to vote.

SEC. 15. Voting privilege of the members of the BEI. - Members of the BEI and their substitutes may vote in the polling place where they are assigned on election day provided that they are registered voters of the city where they are assigned, and their voting in the polling places where they are not registered voters be noted in the Minutes of the BEI, and that they add in the EDCVL their names, precinct assignments and the place where they are actually registered.

SEC. 16. Honoraria, Allowances, Service Credits and Other Benefits. - Persons rendering election-related service shall be entitled to the following:

  1. Honoraria - For the first implementation, the Chairperson and Members of the Electoral Board, the DESO and their respective Support Staff shall be entitled to the corresponding honoraria:
    Chairperson of the Elector al Board P6,000.00
    Member of the Electoral Board P5,000.00
    DESO P4,000.00
    Support Staff P2,000.00
  2. Travel Allowance. - The Chairperson and Members of the Electoral Board, the DESO and their respective Support Staff shall be entitled to a travel allowance of One Thousand Pesos (Pl,000.00) each.

    The honoraria and allowances mentioned in the immediately preceding section shall be paid with in fifteen (15) days from the date of election.
  3. Service Credit. - A minimum of five (5) days service credit shall accrue to all government officials and employees serving as Chairpersons and Members of the Electoral Boards, DESO, and Support Staff;
  4. Other Benefits.
    1. Death Benefits - The amount of Five Hundred Thousand Pesos (P500,000.00) shall be awarded to the beneficiaries of persons who rendered election-related service as defined in Section 2 (a) of Rule I hereof.
    2. Medical Assistance - An amount not exceeding Two Hundred Thousand Pesos (P200,000.00) shall be awarded to the person who rendered election-related service and suffered election -related injury or illness.
    3. Legal Indemnification Package. - An equitable legal indemnification package for persons who rendered election-related service and have been made a party in any administrative, civil, or criminal action, suit or proceeding, by reason of or on the occasion of performance of their functions or duties as such is hereby established in the form of:
      1. Legal assistance;
      2. Lawyer's fees;
      3. Indemnification for legal costs and expenses reasonably incurred; and
      4. Other forms of legal protection.

    The amount of Fifty Thousand Pesos (P50,000.00) as legal indemnification package shall be made available to each claimant. Such amount shall be earmarked from the Trust Fund to be established by the Commission pursuant to this IRR.

    The legal indemnification shall not cover any action or suit initiated by the Claimant in his or her personal capacity or on behalf of the Commission unless such action proceeding or claim was authorized by the Commission.

    Claims for other benefits shall be filed with the Committee on Claims and Assessment (CCA) through the EO. The CCA shall be composed mainly of the Office of the Deputy Executive Director for Operations, Law Department, Personnel Department and Finance Services Department.

    The grant of financial assistance provided under this Rule can only be availed of once (1) per election service, which shall include, special elections, plebiscite, initiative, referendum and recall.

SEC. 17. Deputization of Members of the Philippine National Police (PNP). - Uniformed personnel of the PNP may be deputized as a Member of the BEIs, if the following circumstances are present:

  1. The peace and order situation in the area requires the appointment of PNP uniformed personnel; and
  2. There are no other qualified, willing and available persons to render election service in the affected area based on the certification issued by the highest officials/authorized representatives of the following entity:
    1. Private school;
    2. DepEd;
    3. Other national government agencies; and
    4. Local chapter of Commission-accredited citizens' arm other CSOs and NGOs duly accredited by the Commission.

Sec. 18. Department of Education Supervisor Official and Support Staff. - There shall be one (1) DepEd Supervising Official (DESO) with one (1) Support Staff for every voting center.

The EO shall appoint the DESO Support Staff with the following as qualifications:

  1. Must be registered voter in the city/municipality; and
  2. Not related to any of the members of the Electoral Board or candidates, within the fourth civil degree of consanguinity or affinity.

In no case shall a casual employee be appointed/designated to serve as Support Staff, nor shall an employee/official of local government units, be appointed/designated thereto.

ARTICLE II
WATCHERS

SEC. 19. Official watchers of candidates, citizens' arms and other groups. - Each candidate may appoint two (2) watchers, to serve alternately, in every polling place.

Duly accredited citizens arms of the Commissionshall 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 BEIs. In case there are two or more citizen's arm, preference shall be given to the one authorized by the Commission to conduct an unofficial count.

SEC. 20. Qualifications of watchers. - No person shall be appointed as watcher unless he:

  1. is a registered voter of Cabadbaran City, Agusan del Norte;
  2. is of good reputation;
  3. has not been con victed by final judgment of any election offense or of any other crime:
  4. knows how to read and write Filipino, English or the prevailing local dialect; and
  5. is not related within the fourth civil degree of consanguinity or affinity to the chairman or to any other member of the BEIs in the polling place where he seeks appointment as watcher.

SEC. 21. 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, independent candidates, registered parties, organizations, or coalitions authorized by the Commission to appoint watchers shall provide the Election Officer of Cabadbaran City, Agusan del Norte with the names and signatures of their representatives authorized to appoint watchers not later than April 27, 2018.

The watchers shall have the right to:

  1. Stay in the space reserved for them inside the polling place;
  2. Witness the proceedings of the BEIs;
  3. Take note of what he may see or hear;
  4. Take photographs of the proceedings and incidents, if any during the counting of votes as well as of the Election Returns (ERs) tally board and ballot boxes;
  5. File a protest against any irregularity or violation of law which he believes may have been committed by the BEI or by any of its members or by any person:
  6. Obtain from the BEIs a certificate as to the filing of such protest and/or of the resolution thereon;
  7. Have an unimpeded view of the ballot being read by the Chairman, of the ER and the tally board being simultaneously accomplished by the Poll Clerk and the Third Member respectively, without touching any of these election documents; and
  8. Be furnished, upon request, with a Certificate of Votes, duly signed and thumb-marked by the Chairperson and all members of the BEI

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

The watchers representing the candidates and the watcher of the citizen's arm shall, if available, affix their signatures and thumb-marks in the election returns.

ARTICLE III
ELECTION FORMS AND SUPPLIES

SEC. 22. Election forms, documents and supplies. - The BEIs shall be provided with the following forms, documents and supplies for use on election day;

CEF NO. FORMS AND SUPPLIES RATE OF DISTRIBUTION
ELECTION FORMS
3 Poster Indicating Precinct Number 1 piece
4 Certified List of Candidates 12 copies
5 & 5-A Appointment of BEI 9 pieces
6 Official Ballots 1 piece per voter
9 Election Returns (Mayor) 1 set
10 Tally Board (Mayor) 1 set
11 Minutes of Voting and Counting of Votes 1 set of 2 pieces
12 Paper Seals 25 pieces
13 Certificate of Votes

10 pieces
14 Certificate of Receipt of Official Ballots, Other Forms and Supplies bv BEI 3 pieces
27 Official Receipt of Election Returns 10 pieces
ENVELOPES FOR VOTING AND COUNTING
15, 16, 16 -A, 16-B, 16-C, 16-D and 28 Envelope for Counted Official Ballots, Excess, Marked, Spoiled, Torn Half of Unused Official Ballots, Other Half of Torn Unused Official Ballots and Official Ballots 7 pieces
17, 17 -B, 17 - C, 17-D, 17 - E, 17-F & 17-G Envelope for Election Returns 1 set of 7 pieces
- Copy for the Chairman City/Municipality Board of Canvassers
- Copy for posting
- Copy for the Commission
- copy for Dominant Majority Party
- copy for Dominant Minority Party
- copy for Accredited Citizens Arms
- copy for Ballot Box
OTHER ENVELOPES
18 & 18 -A Envelope for Minutes of Voting and Counting of Votes 1 set of 2 pieces
19 Envelope for Key of Ballot Box - EO 1 piece
CANVASSING FORMS
26 Written Objection (For Pre-proc Controversy) 10 pieces
26-A Written Opposition (For Pre-proc Controversy 10 set of 2 copies
26-B Ruling of the Board (For Pre-proc Controversy) 10 set of 2 copies
13-A Certificate of Votes Received by Candidates for Board of Canvassers 30 pieces
14-A Cert of Receipt of Canvassing Forms by City/Mun/Prov/District Board of Canvassers 1 set of 2 copies
20-A Statement of Votes by Precinct (Mayor) 1 set of page 1 of 3 copies
20-A-2 Summary Statement of Votes (Mayor) 1 set of page 1 of 3 copies
24 Certificate of Canvass of Votes and Proclamation of the Winning Candidates for Citv Offices (Mayor) 1 set of 7 copies
ENVELOPES FOR CANVASSING
Envelope for CEF 24, 20-A and 20-A-2 1 set of 6 pieces
OTHER FORMS
30/31 Temporary Appointment of BEI Chairman/Support Staff 10 pieces
35 Certificate of Challenge or Protest and Decision of the Board of Canvassers 10 pieces
39 Oath of Voter Challenged for Illegal Acts 10 pieces
40 Oath of Identification of Challenged Voter 10 pieces
Election Watchers I.D. In Polling Place 2 pieces/candidate
COMELEC Pass 2 pieces
General Instruction for Board of Canvassers 3 copies
General Instruction for BEI 3 pieces
SUPPLIES
Ballpen 13 pieces
Permanent Marker 2 pieces
Rubber Band 8 pieces
Packaging Tape (Brown) 1 roll
Copy Paper Long 30 pieces
Carbon Paper 5 pieces
Padlock with key 1 piece
Thumbprint Taker 1 piece
Metal Seal for Ballot Box 3 pieces
Indelible Ink 2 bottles
Ballot Secrecy Folder 10 pieces
Ballot Box 1 box

The BEIs shall get the forms, documents and supplies early in the morning of election day from the Office of the City Treasurer except, when authorized to do so earlier by the Provincial Election Supervisor (PES) of Agusan del Norte.

Approval of request for early delivery of forms, documents and supplies by the PES shall be governed by the following guidelines:

  1. That there is considerable distance between the Office of the City Treasurer and the location of the polling place;
  2. That there is lack or difficulty of means of transportation in the area;
  3. That the total number of precincts in the city is such that if the delivery of the official ballots, ERs, other election forms and paraphernalia is done early in the morning of election day, not all the BEIs may be able to receive said documents and paraphernalia in time for the opening of polls at seven o'clock in the morning of election day; or
  4. That the peace and order condition in the area justify such advance delivery in order to ensure the security of the forms, documents and paraphernalia, and safety of the members of the BEIs.

The PES shall make a corresponding report to the Regional Election Director (RED) of CARAGA, Region XIII on a pproved request for early delivery and in turn the RED shall transmit the consolidated report to the Commission th rough the Office of the Deputy Executive Director for Operations.

  1. FROM THE ELECTION OFFICER
  1. Two (2) copies of the Posted Computerized Voters List (PCVL) containing the names of registered voters as of the December 15, 2018 Election Registration Board (ERB) Hearing, to be used as follows:
    1. For Posting at or near the door of the polling place on election day; and
    2. For use of the third member of the BEI on election day.
  2. One (1) copy of Election Day Computerized Voters List (EDCVL/List of Voters with Voting Record) containing the names of registered voters as of the December 15, 2018 ERB Hearing; and
  3. Copies of Appointment and Oath of Office of the BEI (CEF 5 & 5A).

The Information Technology Department (ITD) shall print the three (3) copies of the PCVL and one (1) copy of the EDCVL, and shall all be duly certified by the Election Registration Board.

The poll clerk shall have custody of the EDCVL, and the third member shall have custody of the PCVL.

The BEI shall check the completeness of the documents and the quantities of the forms and supplies received and immediately call the attention of the EO or the City Treasurer. as the case may be, on any deficiency or short age thereof.

The BEI shall sign a Certificate of Receipt (CEF 14) in three copies, the original of which shall be delivered to the City Treasurer, who shall transmit the same to the ERSD, Comelec, Manila, immediately after election day.

SEC. 23. Official Ballot. - The official ballot shall be of uniform size and color, printed on security paper that will readily distinguish the ballot paper from ordinary paper.

It shall contain a stub and detachable coupon, both of which shall bear the same serial number of the ballot, With space for the thumbmark of the voter on the detachable coupon.

It shall bear the coat-of-arms of the Republic of the Philippines, the words "Official Ballot". the name of Cabadbaran City, Agusan del Norte, where the election is to be held, the date of the election and the following notice in English: "Fill out this ballot secretly using a ballot secrecy folder. Do not put any distinctive mark on any part of this ballot."

It shall contain the appropriate space for the position of Mayor, which the voter will fill-up by wiiting the name of the candidate of his choice.

SEC. 24. Forms to be reproduced when needed. - The following forms may be reproduced when needed:

  1. Temporary Appointment of Chairman/Poll Clerk/Member (Annex "A");
  2. Certificate of Challenge or Protest and Decision of the BEI (Annex "B");
  3. Oath of Voter Challenged for Illegal Acts (Annex "C"); and
  4. Oath To Identify A Challenged Voter (Annex "D").

SEC. 25. Minutes of Voting and Counting of Votes. - The BEI shall accomplish in two (2) copies the Minutes of Voting and Counting of Votes (CEF 11) entering therein all data required as they become available and all acts as they occur. Copies of the minutes shall be signed and sealed in separate envelopes (CEF 18 and 18-A) for distribution as follows:

  1. The copy intended for the Commission shall be delivered to the Election Officer who shall forward the same to the Election Records and Statistics Department, COMELEC, Manila; and
  2. The copy intended for the ballot box shall be deposited inside the ballot box compartment for valid ballots.

ARTICLE IV
DATE, TIME AND PLACE OF VOTING

SEC. 26. Date of election. - The election shall be held on May 05, 2018.

SEC. 27. Voting hours. - The casting of votes shall start at seven o'clock in the morning and shall end at three o'clock in the afternoon of election day, except when there are voters present within thirty (30) meters in front of the polling place who have not yet cast their votes, in which case, 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 so listed shall be called to vote by announcing each name repeatedly three (3) times in the order in which they are listed. Any voter in the list who is not present when his name is called out shall not be allowed to vote. The said list shall be submitted to the Election Officer.

SEC. 28. Place of voting. - Voters shall cast their votes in the polling place designated by the Commission. The Poster indicating the Precinct Number (CEF 3) shall be prominently posted near or at the door of the polling place.

SEC. 29. Precincts and polling places - The precincts, clustered precints, and polling places designated by the Commission for purposes of the 14 May 2018 barangay and sangguniang kabataan elections shall be used for the 05 May 2018 recall elections for Mayor of Cabadbaran City.

SEC. 30. Who may vote. - All registered voters of Cabadbaran City, as of the December 15, 2017 ERB Hearing whose names appear in the PCVL or EDCVL may vote in the May 05,2018 Recall Elections.

SEC. 31. Challenge against illegal voters. - Any voter or watcher may challenge any person offering to vote for:

  1. Not being registered;
  2. Using the name of another; or
  3. 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 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. 32. Challenge based on certain illegal acts. - Any voter or watcher may challenge any voter offering to vote on the ground that he:

  1. 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
  2. Made or received a promise to influence the giving or withholding of any such vote; or
  3. 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. 33. 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. 34. Rules to be observed during the voting.- During the voting, the BEI shall see to it that:

  1. Voters shall vote in the order of their arrival in the polling place. however, preference shall be given to senior citizens, persons with disability and heavily pregnant women;
  2. No watchershall enter the place reserved for the voters and the BEI, nor mingle and talk with the voters;
  3. No person carrying any firearm or any other deadly weapon, except those expressly authorized by the Commission, shall enter the polling place;
  4. There shall be no crowding of voters and disorderly behavior inside the polling place; and
  5. The ballot box shall remain sealed/locked during voting.

SEC. 35. Persons allowed inside the polling place. - Only the following persons shall be allowed inside the polling place:

  1. Members of the BEI;
  2. Walchers who shall stay only in the space reserved for them;
  3. Representatives of the Commission;
  4. Voters casting their votes:
  5. Voters waiting for their turn to cast their vote;
  6. Other persons who maybe specifically authorized by the Commission.

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:

  1. Any officer or member of the Armed Forces of the Philippines or the Philippine National Police;
  2. 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, barangay tanods or other similar forces or para-military forces, including special forces, security gurads, special policemen;
  3. All other kinds of armed or unarmed extra-legal police forces; and
  4. Any barangay official, whether elected or appointed.

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 within a radius of thirty (30) meters near enough to be easily called by the BEI at any time, but never at the door, except in areas declared under COMELC Control, in which case the police or peace officer shall stay at or near the door of the polling place.

When there is actual disturbance or disruption of peace and order, the PNP or AFP officials/personnel may enter the polling place even without the written order of the BEI.

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. 36. Preparation of ballots for illiterate, and persons with disability (PWD). - No voter shall be allowed to vote as illiterate or persons with disability (PWD) unless such fact is indicated in the EDCVL/PCVL, or when the disability is apparent. If so, he may be assisted in the preparation of his ballot, by any of the following:

  1. A relative within the fourth civil degree of consanguinity of affinity of the voter;
  2. A person of his confidence who belongs to the same household as that of the voter. For this purpose. the person who usually assists the PWD, such as personal asssitant, caregiver, or a nurse shall be considered a member of his household; and
  3. Any member of the BEI.

All assistors must be of voting age.

No person, except the members of the BEI, may assist an illiterate or PWD more than three (3) times.

In all cases, the Poll Clerk shall first verify from the illiterate or PWD whether the latter had authorized the assistor to help him to cast his vote.

The assistor shall, in the presence of the illiterate or PWD, 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. 37. Accessibility of polling place to person with disability. - The Election Officer, in coordination with the proper school or building officials, shall see to it that the designated polling places of precincts where there are registered voters who are PWDs, as shown in their Voter Registration Records (VRRs), are located in the ground floor of the voting centers for their easy access.

SEC. 38. Express lane for persons with disabilities and senior citizens. - PWDs, and senior citizens voting in their respective polling places shall be allowed to vote as soon as they arrive. There should be a sign inside the polling place indicating the location of the express lane and who could avail of the express lane.

ARTICLE V
PROCEDURES FOR CASTING OF VOTES

SEC. 39. Preliminaries to the voting. - a. The BEI shall meet at the polling place at six o'clock in the morning of election day, and do the following:

  1. See to it that it has all the election forms. documents and supplies needed;
  2. Post one (1) copy of the PCVL at the door of the polling place;
  3. Staple or paste the certified list of candidates (CEF 4) inside the ballot secrecy folders
  4. Place the ballot secrecy folders on top of the desk/chair.
  1. Before the voting begins, the chairman of the BEI shall:
  1. Open the ballot box, empty both of its compartments, exhibit them to all those present and, being empty, lock its interior cover with a padlock; and
  2. Show to the public and to the watchers presents the package of Official Ballots, the number of pads and the serial numbers of the ballots in each pad, and the fact that the package of ballots was shown to the public shall be entered in the Minutes.

The interior cover of the ballot box shall remain locked until the voting is finished and the counting begins. However, if it should become necessary to make room for more ballots, the chairman may open the interior cover of the box in the presence of the members and the watchers, press down with his hands the ballots contained therein without removing any of them, after which the chairman shall again close the interior cover of the ballot box and lock it with the padlock Such facts shall be recorded in the Minutes.

SEC. 40. Manner of obtaining ballots. - The voter shall:

  1. Look for his name in the PCVL posted near the door of the voting center and determine his precinct number and sequence number;
  2. Approach the Third Member who shall ask the voter's name precinct number and sequence number;
  3. The Third Member 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:
  1. His photograph in the EDCVL or specimen signatures in 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 BET or any registered voter of the precinct/clustered precinct may identify under oath a voter, and such act shall be reflected in the Minutes.

If the BEI is satisfied with the voter's identity, the name of the voter, precinct a assignment, and serial number of ballot to be issued, shall be distinctly announced in a voice 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.

  1. Before giving the ballot to the voter, the chairman of the BEI shall:
  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;
  2. Affix his signature in the EDCVL.
  3. Authenticate the ballot by affixing his signature at the back thereof. 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.
  5. Fold the ballot in such a manner that its face, except the portion where the serial number appears is covered. and give the same to the voter. Only the chairman shall issue the ballot, and not more than one ballot shall be issued at one time.
  6. Require the voter to affix his signature on the proper space on the EDCVL.

SEC. 41. Manner of voting. - The voter, upon receiving his folded ballot, shall proceed to an available chair in the voting area, and, using a ballot secrecy folder, fill his ballot by writing in the corresponding space the name of the candidate he desires to vote for.

SEC. 42. Prohibition on voting. - It shall be unlawful for a voter to:

  1. Bring the ballot and/or ballot secrecy folder outside of the polling place;
  2. Speak with anyone other than as herein provided while inside the polling place;
  3. Prepare his ballot without using the ballot secrecy folder or exhibit its contents:
  4. Fill his ballot accompanied by another, except in the case of an illiterate or person with disability/disabled voter;
  5. Erase any printing from the ballot, or put any distinguishing mark on the ballot;
  6. 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; and
  7. Intentionally tear or deface the ballot.

SEC. 43. Spoiled ballots. - If a voter accidentally spoils or defaces a ballot in such a way that it can no longer be lawfully used, he shall surrender it folded to the chairman who shall write the word "spoiled" in the corresponding space above the ballot serial number in the EDCVL. The spoiled ballot shall, without being unfolded and without removing the detachable coupon, be distinctly marked with the word "spoiled" and signed by the Chairman of the BEI at the back thereof and immediately placed in the compartment of the ballot box for spoiled ballots.

The voter shall then be given another ballot duly authenticated by the chairman after announcing the serial number of the second ballot and recording said serial number above the word "spoiled". However, in cases of spoiled ballots under paragraphs (c), (e) and (g) of the immediately following paragraph, the voter shall not be issued another ballot.

If the second ballot is again spoiled or defaced in such a way that it can no longer be lawfully used, the same shall be surrendered correctly folded to the chairman in the same manner as the first spoiled or defaced ballot. No voter, however, shall change his ballot more than once.

SEC. 44. Procedure after voting. -

  1. After the voter has filled up his ballot, he shall fold it in the same manner as when he received it;
  2. The voter shall then, in the presence of all the members of the BEI, affix his thumbmark in the corresponding space in the ballot coupon. and return lhe folded ballot to the Chairman;
  3. The Chairman, in the presence of the voter and the other members of the BEI, without unfolding the ballot or seeing its contents, shall verify its serial number as against the number previously entered in the EDCVL to determine whether it is the same ballot given to the voter.
  4. The Chairman shall then apply a drop of indelible stain ink at the base and extending to the cuticle of the right index fingernail of the voter, or any other fingernail if there be no light index fingernail. If the voter refuses to have his fingernail stained with indelible ink, he shall be informed that such refusal will render his ballot spoiled. If the voter still refuses despite being informed thereof, the Chairman shall, without unfolding the ballot and without removing the detachable coupon thereof, distinctly mark the ballot with the word "spoiled", and thereafter sign the same at the back thereof and immediately place said spoiled ballot in the compartinent of the ballot box for spoiled ballots. The voter shall then be requested to leave. Such fact shall be indicated in the Minutes.
  5. The Chairman shall sign in the proper space in the EDCVL:
  6. The Chairman shall detach the ballot coupon in the presence of the other members of the BEI and of the voter, and shall deposit the folded ballot in the compartment of the ballot box for valid ballots and the detached coupon in the compartment for spoiled ballots. Any ballot returned to the Chairman, the detachable coupon of which has been removed not in the presence of the other members of the BEI and of the voter, shall be considered "spoiled" accordingly marked, signed by the Chairman of the BEI.
  7. The voter shall then leave.

Any ballot returned to the Chairman whose detachable coupon has been removed not in the presence of the BEI and of the voter, or any ballot whose serial number does not tally with the number of the ballot delivered to the voter as entered in EDCVL, shall be considered "spoiled" and shall be so marked and signed by the Chairman of the BEI, and placed inside the compartment for spoiled ballots. Such fact shall be indicated in the Minutes of Voting and Counting of Votes.

SEC. 45. 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 statement at any time, except as witness before a court or body as to how many persons voted.

SEC. 46. Disposition of unused ballots. - After the voting, the Chairman of the BEI, in the presence of the other members shall:

  1. Record in the Minutes the quantity of unused ballots and their serial numbers;
  2. Tear the unused ballots in half lengthwise without removing the stubs and detachable coupon;
  3. Place one half in the envelope (CEF 16-A), and submit to the EO for safekeeping; and
  4. Place the other half in an other envelope (CEF I6-B), and then deposit, inside the compartment of the ballot box for valid ballots.

Such facts shall be entered in the Minutes.

ARTICLE VI
COUNTING OF VOTES

SEC. 47. Counting of votes to be public and without interruption. - After the voting is finished, the BEI shall publicly count the votes cast and ascertain the results in the polling place. The BEI may rearrange the physical set-up of the polling place for the counting or perform any other activity with respect to the transition from voting to counting, but it may do so only in the presence of watchers, and within close view of the public. At all times, the ballot boxes and all documents shall be within close view of the watchers and the public. Unless otherwise ordered by the Commission, the BEI shall not adjourn, postpone or delay the count until it has been fully completed unless otherwise ordered by the Commission.

Any violation of this Section, or its pertinent portion, shall constitute an election offense and shall be penalized in accordance with BP 881 as amended.

SEC. 48. Transfer of counting of votes to safer place. - The Commission through the Election Officer, in the interest of free, orderly, and honest elections, may authorize the BEI to count the votes and to accomplish the election returns and other forms in any other place within a public building in the same city on account of imminent danger of widespread violence, terrorism, disorder or similar causes of comparable magnitude; Provided, That the transfer shall have been recommended in writing by the BEI by unanimous vote and endorsed in writing by the majority of watchers present: Provided, further, that the transfer is to the nearest safe barangay or school building with in the city and that it shall not be located with in the perimeter of or inside a military or police camp, reservation, headquarters, detachment or field office nor within the premises of a prison or detention compound of any law enforcement or investigation agency. Any violation of this Section or its pertinent portion shall constitute an election offense and shall be penalized in accordance with BP 881.

The details of the transfer shall be recorded in the Minutes.

In effecting the transfer, the BEI shall ensure the safety and integrity of all election documents and paraphernalia. The PNP and/or the AFP in the area in consultation with the Election Officer shall provide adequate security and transport facilities to the members of the BEI and election documents and paraphernalia during the transfer and counting of votes.

SEC. 49. Preliminaries to the counting of votes. - The BEI shall break the seal, open the ballot box and take out the ballots from the compartment for valid ballots. The BEI shall then proceed to examine the ballots to determine whether there are:

  1. Excess ballots - The BEI shall, without unfolding the ballots or exposing their contents, count the number of ballots in the compartment for valid ballots, and compare the number of ballots inside the ballot box with the number of voters who actually voted as reflected in the EDCVL. If there are more ballots than there are voters who actually voted, all the ballots shall be returned to the compartment for valid ballots and thoroughly mixed therein. The Poll Clerk, without seeing the ballots and with his back to the ballot box, shall publicly draw out as many ballots as may be equal to the excess and, without unfolding them, place them in the Envelope for Excess Ballots. If, in the course of examination, ballots are found folded together before they were deposited in the box, they shall be placed in the Envelope for Excess Ballots.
  2. Ballots with detachable coupons - In case a ballot with undetached coupon is found in the ballot box, the coupon shall be removed and deposited in the compartment for spoiled ballots. The ballot shall be included in the pile of valid ballots.
  3. Ballots with the word "spoiled" - If a ballot with the word "spoiled" should be found in the compartment for valid ballots, it shall be placed in the corresponding Envelope for Spoiled Ballots.
  4. Marked ballots - The BEI shall then unfold the ballots and determine whether there are any marked ballots. If any should be found, they shall be placed in an Envelope for Marked Ballots.

Excess, spoiled and marked ballots shall not be read during the counting of votes. The envelope containing the excess, spoiled and marked ballots shall be signed and sealed by the members of the BEI and deposited in the compartment for valid ballots.

SEC. 50. Ballots deposited in the compartment for spoiled ballots. - The ballots deposited in the compartment for spoiled ballots shall be presumed to be spoiled, whether or not they contain such notation. However, if during the voting any valid ballot was erroneously deposited in this compartment, the BEI shall open said compartment after the voting and before the counting of votes for the sole purpose of drawing out the ballots erroneously deposited therein. The valid ballots so withdrawn shall be mixed with the other valid ballots. Such facts shall be recorded in the Minutes.

SEC. 51. Manner of counting of votes. - The BEI shall unfold the ballots and form separate piles of one hundred (100) ballots each held together by rubber bands. The Chairman of the BEI shall take the ballots of the first pile one by one and read the name of the candidate voted for.

In reading the official ballots during the counting, the chairman, poll clerk and third member shall assume such positions as to provide the watchers and the members of the public as may be conveniently accommodated in the polling place, 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, without touching any of said election documents. The table shall be cleared of all unnecessary writing paraphernalia. Any violation hereof shall constitute an election offense.

The poll clerk and the third membershall 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.

The same procedure shall be followed with the succeeding piles of ballots.

After all the ballots have been read, the BEI shall record, in words and in figures, the total number of votes obtained by each candidate, both in the election returns and in the tally board. The counted ballots shall be placed in an envelope provided for the purpose, which envelope shall be sealed, signed and deposited in the compartment for valid ballots. The tally board as accomplished and certified by the BEI shall not be changed or destroyed but shall be kept in the compaliment for valid ballots.

SEC. 52. Rules for the appreciation of ballots. - In the reading and appreciation of ballots, every ballot shall be presumed to be valid unless there is clear and good reason to justify its rejection.

The BEI shall observe the following rules, bearing in mind that the object of the election is to obtain the expression of the voters will:

  1. Where only the first name of a candidate or only his surname is written, the vote for such candidate is valid, if there is no other candidate with the same first name or surname.
  2. Where only the first name of a candidate is written on the ballot, which when read, has a sound similar to the surname of another candidate, the vote shall be counted in favor of the candidate with such surname. If there are two or more candidates with the same full name, first name or surname and one of them is the incumbent, and on the ballot is written only such full name, first name or surname, the vote shall be counted in favor of the incumbent.
  3. In case the candidate is a woman who uses her maiden or married surname or both and there is another candidate with the same surname, a ballot bearing only such surname shall be counted in favor of the candidate who is an incumbent;
  4. When two or more words are written on the same line on the ballot, all of which are the surnames of two or more candidates, the same shall not be counted for any of them, unless one is a surname of an incumbent who has served for at least one year- in which case it shall be counted in favor of the latter;
  5. When on the ballot is written a single word which is the first name of a candidate and which is at the same time the surname of his opponent, the vote shall be counted in favor of the latter
  6. When two words are written on the ballot, one of which is the first name of a candidate and the other is the surname of his opponent, the vote shall not be counted for either;
  7. A name or surname incorrectly written which, when read, has a sound similar to the name or surname of a candidate when correctly written shall be counted in his favor;
  8. When a name of a candidate is wiitten elsewhere in the ballot other than the space provided for such position to be voted for, the vote shall be counted in favor of such candidate, unless it is used as a means to identify the voter, in which case, the whole ballot shall be void;
  9. When a name of a candidate appears in the appropriate space in the ballot and in another space elsewhere in the ballot it shall be counted in his favor, except when the other name written elsewhere in the ballot is used as a means to identify the voter, in which case, the whole ballot shall be void.
  10. When in a space in the ballot where appears a name of a candidate that is erased and another clearly written, the vote is valid for the latter;
  11. The erroneous initial of the first name which accompanies the correct surname of a candidate, the erroneous initial of the surname accompanying the correct first name of a candidate, or the erroneous middle initial of the candidate shall not annul the vote in favor of the latter.
  12. The fact that there exists another person who is not a candidate with the first name or surname of a candidate shall not prevent the adjudication of the vote of the latter ;
  13. Ballots which contain prefixes as such "Sr." "Mr.", "Datu", "Don", "Ginoo", "Hon.", "Gob.", or suffixes like "Hijo". "Jr. ", "Segundo", are valid.
  14. The use of the nicknames and appellations of affection and friendship, if accompanied by the first name or surname of the candidate, does not annul such vote, except when they were used as means to identify the voter, in which case the whole ballot is invalid: Provided, That if the nickname used is unaccompanied by the name or surname of a candidate and it is the one by which he is generally or popularly known in the locality, the name shall be counted in favor of said candidate, if there is no other candidate with the same nickname;
  15. Any vote containing initials only or which is illegible or which does not sufficiently identify the candidate for whom it is intended shall be considered as a stray vote.
  16. If on the ballot is correctly written the first name of a candidate but with a different surname, or the surname of the candidate is correctly wiitten but with a different first name, the vote shall not be counted in favor of any candidate having such first name and/or surname;
  17. Any ballot written with crayon, lead pencil, or in ink, wholly or in part, shall be valid;
  18. If the candidates voted for exceed the number of those to be elected, the ballot is valid, but the vote shall be counted only in favor of the candidate whose name was firstly written by the voter within the space provided for said office in the ballot
  19. Any vote in favor of a person who has not filed a certificate of candidacy or in favor of a candidate for an office for which he did not present himself shall be considered as a stray vote;
  20. Ballots containing the name of a candidate printed and pasted on a blank space of the ballot or affixed thereto through any mechanical process are totally null and void;
  21. Circles, crosses or lines put on the spaces on which the voter has not voted shall be considered as signs to indicate his desistance from voting and shall not invalidate the ballot;
  22. Unless it should clearly appear that they have been deliberalely put by the voter to serve as identification marks, commas, dots, lines, or hyphens between the first name and surname of a candidate, or in other parts of the ballot traces of the letter "T", "J'' and other similar ones. the first letters or syllables of names which the voter does not continue, the use of two or more kinds of wrtting and unintentional or accidental flourishes, strokes or strains, shall not invalidate the ballot;
  23. Any ballot which clearly appears to have been filled by two distinct persons before it was deposited in the ballot box during the voting is totally null and void;
  24. Any vote cast in favor of a candidate who has been disqualified by final judgment shall be considered as stray and shall not be counted:
  25. The accidental tearing or perforation of a ballot does not annul it; and
  26. Failure to remove the detachable coupon from a ballot does not annul such ballot.

ARTICLE VII
PREPARATION AND SAFEKEEPING OF ELECTION RETURNS AND OTHER ELECTION FORMS AND PARAPHERNALIA

SEC. 53. Preparation of election returns. - All data required in the election returns shall be accomplished in handwriting and in a manner such that the entries on the first copy are clearly impressed in all the other copies. The total number of votes for each candidate shall be closed with the signatures and the clear imprints of the right thumb of all the members, affixed in full view of the public, immediately after the last vote recorded or immediately after the name of the candidate receiving no vote.

The watchers in a precinct shall, if available, affix their signatures and imprints of their right thumbs in the election returns for the precinct. Immediately after the accomplishment of the election returns, each copy thereof, except the second copy, shall be placed in the proper envelope to be distributed as follows:

  1. The first copy, to the City Board of Canvassers;
  2. The second copy, to be posted on the wall with sufficient lighting within the premises of the polling place;
  3. The third copy, to the Commission;
  4. the fourth copy, to the dominant majority
  5. The fifth copy, to the dominant minority party:
  6. The sixth copy, to the citizens' arm; and
  7. The seventh copy, to be deposited inside the cornpartment of the ballot box for valid ballot.

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 return by means if 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 such period, the Chairman of the BEI shall detach the election returns from 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.

SEC. 54. Announcement of the result of the election in the polling place. - Up on the completion of the election returns, the Chairman of the BEI shall publicly announce the total number of votes received by each candidate.

SEC. 55. Certificate of votes. - After the counting of votes and the announcement of the results of the election in the precinct, and before leaving the polling place, the BEI shall issue Certificate of Votes upon request of the duly accredited watchers. The Certificate of Votes shall contain the total number of votes obtained by each candidate, written in words and in figures, the precinct number, the name of the barangay or municipality and province, the total number of voters who voted in the precinct and the date and time of its issuance. The Certificate of Votes shall be signed and thumbmarked by each member of the BEI.

The BEI shall require the requesting watcher to acknowledge receipt thereof.

The refusal of the Chairman and Members of the BEI to furnish said Certificate of Votes shall constitute an election offense.

SEC. 56. Alteration and correction in the election returns. - Any correction or alteration in the election returns made by the BEI before the announcement of the results of the election in the polling place shall be duly initialled by all the members thereof.

After announcement of the results of the election in the polling place, the BEI shall not make any alteration or amendment in any of the copies of the election returns, unless so ordered by the Commission upon petition of all or the majority of the members of the BEI within five (5) days from the date of the election or twenty-four (24) hours from the time a copy of the election returns concerned is opened by the Board of Canvassers, whichever is earlier, the petition shall be accompanied by proof of service upon all candidates affected. If the petition is filed by all members of the BEI and the result of the election would not be affected by said connection and none of the candidates affected objects thereto, the Commission, upon being satisfied of the veracity of the petition and of the error alleged therein, shall order the BEI to make the proper correction on the election returns.

However, if a candidate affected by said petition objects thereto, whether the petition is filed by all or only a majority of the members of the BEI and the result of the election would be affected by the correction sought to be made, the Commission shall proceed summarily to hear the petition. If it finds the petition meritorious and there is no evidence or sign indicating that the identity and integrity of the ballot box have been violated, the Commission shall order the opening of the ballot box. After satisfying itself that the integrity of the ballots therein has also been duly preserved, the Commission shall order the recounting of the votes of the candidates affected and the proper corrections made on the election returns, unless the correction sought is such that it can be made without the need of opening the ballot box.

SEC. 57. Disposition of ballot boxes, 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 BET shall:

  1. Place the following documents inside the compart ment of the ballot box for valid ballots:
    1. Envelope containing:
      1. Used/counted official ballots;
      2. Excess/marked/spoiled/half of torn unused official ballots;
      3. Election returns (copy for the ballot box);
      4. Minutes of Voting and Counting of Votes(copy for the ballot box);
    2. Tally Board: and
    3. Stubs of used pads of official ballots.
  2. Close the inner compartments of the ballot box, seal them with one security seal. Lock the outer cover of the ballot box with one (1) padlock and two security seals. The BEI shall wrap the ballot box with the packaging tape and affix their signatures. The serial numbers of the security seals shall be recorded in the Minutes before the Minutes is deposited inside the ballot box. The key of the padlock shall be placed in a separate envelope, which shall be sealed and signed by the BEI. The envelope containing the key shall be submitted to the Election Officer.
  3. Deliver the ballot box to the city treasurer, accompanied by watchers. For this purpose, the city treasurer shall, if necessary, keep his office open all night on the day of the election. provide the necessary facilities for said delivery at the expense of the city, and allow candidates, political parties and other interested parties to post watchers in the storage area. In case the ballot box delivered by the BEI was not locked and/or sealed, the treasurershall lock and/or seal the ballot box. The treasurer shall include such fact, including the serial number of the self-locking fixed-length seal used, in his report to the Commission.

    Within three (3) days after the canvass, the Election Officer or his authorized representative shall, with notice to candidates, political parties and other interested parties, inspect the storage area and submit a report thereon to the Law Department within seven (7) days from inspection. The report shall indicate the following:
    1. Serial number and condition of the ballot box
    2. Serial number and condition of plastic security seals; and
    3. Brief description of the storage area.
  1. Deliver to the Election Officer:
    1. EDCVL;
    2. Two (2) copies of PCVL:
    3. Envelope containing:
      1. Co py of the Election Returns in ten ded for the Commission:
      2. Copy of the Minutes of Voting and Counting of Votes (copy for the Commission);
      3. the key to the padlock of the ballot box;
      4. Other half of the tom unused official ballots ; and
  2. Unused thumbprint takers and all bottles of indelible ink, whether used or unused.

On the day after the election, the Election Officer or the Treasurer, as the case may be, shall require the BEI who failed to deliver the election records or paraphernalia mentioned herein to deliver the same immediately.

SEC. 58. Preservation of the voting record. - The Election Officer shall keep the EDCVL and PCVL used in the election in a safe place until such time that the Commission gives instructions on their disposition

SEC. 59. Omission or erroneous inclusion of documents in ballot box. - If after locking and sealing the ballot box, the BEI discovers that some election documents required to be placed in the ballot box were not placed therein, the BEI instead of opening the ballot box in order to place therein said documents or articles, shall deliver the same to the Election Officer. In no instance shall the ballot box be reopened to place therein or take out any election document EXCEPT, to retrieve copies of the election returns which will be needed in any canvass, and only with prior authority of the Election Officer.

In case the BEI fails to place the envelope containing the counted ballots inside the ballot box, the Election Officer shall, with notice to parties, deposit said envelopes in a separate ballot box which shall be properly sealed, locked and stored in a safe place in his office. Said ballot boxes shall remain sealed unless otherwise ordered by the Commission.

ARTICLE VIII
DELIVERY AND TRANSMITTAL OF ELECTION RETURNS

SEC. 60. Delivery and transmittal of election returns. - The BEI shall deliver to the Election Officer copies of the election returns intended for the Commission on Elections.

The copies of the election returns intended for the dominant majority party, the dominant minority party and the citizens' arm, shall be given at the polling place to their respective representatives who have been authorized by said parties and organizations to receive such copies. Unclaimed election returns intended for the dominant majority party, the dominant minority party and the citizens' arm shall be turned-over to the election officer, who shall take custody of the same until they are claimed by the parties concerned.

The election returns intended for the city board of canvassers (CBOC) shall be delivered by the BET to the CBOC.

SEC. 61. Delivery and transmittal of election returns by the EO. - The EO shall segregate all copies of the election returns received from the BEIs, deposit the election returns intended for the Commission in a ballot box, and lock the same with plastic security seals.

ARTICLE IX
CONTINGENCY PLAN

SEC. 62. Problems that may be encountered. - The following problems may be encountered during the elections, to wit:

  1. Late arrival of official ballots, accountable election forms and other election paraphernalia;
  2. Shortage, non-availability or missing pages of accountable and non-accountable election forms and supplies ;
  3. Discrepancies in the serial number of ballots;
    1. Ballots bearing the same SN;
    2. The upper and lower SNs are different;
    3. Either the upper or lower SN or both are missing;
    4. The SN is unreadable or hard to ascertain; and
    5. The SN does not belong to the series.

SEC. 63. Contingency measures. - In case the foregoing problems are encountered, the RED and Assistant RED of CARAGA, Region III, the PES of Agusan del Norte, the EO of Cabadbaran City, City Treasurer of Cabadbaran City, BEIs, and CBOC shall institute the appropriate contingency measure:

  1. LATE ARRIVAL OF OFFICIAL BALLOTS, ACCOUNTABLE ELECTION FORMS AND OTHER ELECTION PARAPHERNALIA
    1. The EO, City Treasurer and the BEI, shall jointly assess based on the information from the Administrative Services Department (ASD)/Packing and Shipping Committee (PSC), the time of arrival of the ballots, accountable election forms and other election paraphernalia at the concerned polling place;
    2. If based on their assessment, the ballots will arrive before twelve o'clock in the afternoon of May 05, 2018, voting shall immediately start and continue up to five o'clock in the afternoon. If after five o'clock in the afternoon, there are still voters present who have not yet cast their votes, Sec. 22 hereof shall apply;
  2. SHORTAGE, NON-AVAILABILITY OR MISSING PAGES OF ACCOUNTABLE AND NON-ACCOUNTABLE ELECTION FORMS AND SUPPLIES
    1. Official Ballots

      Shortage or non-availability of official ballots. - The EO shall report, by fastest means available, the shortage or non-availability of ballots to the Allocation Committee. If reported:

      Before election day. - The Allocation Committee shall determine the necessity of printing ballots. If necessary, the Allocation Committee is authorized to determine the quantity requirements for printing. If printing is not necessary, it is authorized to instruct the City Treasurer and the EO on the manner of re-allocating the ballots.

      On election day. - The provision of Section 182 (Emergency Ballots) of the BP Blg. 881 shall apply on the shortage or non-availability of ballots on election day:

      "Sec. 182. Emergency ballots. - No ballots other than the official ballots shall be used or counted, except in the event of failure to receive the official ballots on time, or where there are no sufficient ballots for all registered voters or where they are destroyed at such time as shall render it impossible to provide other official ballots, in which cases the city or municipal treasurer shall provide other ballots which shall be similar to the official ones as circumstances will permit and which shall be uniform within each polling place. The treasurer shall immediately report such action to the Commission. The municipal treasurer shall not undertake the preparation of the emergency ballots unless the political parties, candidates and the organizations collectively authorized by the Commission to designate watchers have been sufficiently notified to send their representatives and have agreed in writing to the preparation and use of emergency ballots."

    2. Election Returns/Tally Boards
    1. Shortage or non-availability of election returns/tally boards. - If eith er the election returns (ERs) or tally boards are not received or not available, the following shall:

      The EO:

    1. Report such fact to the Commission through the Allocation Committee.

      The BEI:

    2. Improvised ERs or Tally Boards and proceed with the counting of votes;
    3. After the counting, sign the improvised ERs or Tally Boards and imprint their thumbmarks;
    4. Distribute copies of the improvised ERs or Tally Boards in accordance with Section 4 hereof ;
    5. Enter in the Minutes that the ERs or Tally Boards are not available and that the BEI together with the watchers decided to use improvised ERs or Tally Boards; and
    6. Place all forms used inside the corresponding envelopes and deposit the same inside the ballot box;
    1. Missing pages/copies of election returns. - In case of missing page/s/copies of the ERs, the BEI shall take measures to reproduce/photocopy such missing page/s/ copies. It shall take steps to ensure that the copy intended for the CBOC is complete by obtaining the missing page/s/copies from the olher copies of the ERs with no missing pages. All such photocopies shall be certified by the BEI and watchers. if available.
    1. Authority of the Election Working Committees. - Authority is hereby granted to:

      2. The Printing Committee:

      1. Cause the printing of the required ballots/ERs. The PSC:

      The PSC:

      1. Immediately pack and ship the lacking ballots/ERs through the fastest means possible and ensure thal the same arrives at and receive by the intended recipients on or before election day.
  3. OFFICIAL BALLOTS BEARING THE SAME SERIAL NUMBERS; THE UPPER AND LOWER SERIAL NUMBERS OF THE BALLOT ARE DIFFERENT; EITHER THE UPPER OR LOWER SERIAL NUMBER OF THE BALLOT OR BOTH IS MISSING; THE SERIAL NUMBER OF THE BALLOT IS UNREADABLE OR HARD TO ASCERTAIN; OR THE SERIAL NUMBER OF THE BALLOT DOES NOT BELONG TO THE SERIES OF THE BALLOTS ISSUED.
    1. Official ballots bearing the same serial numbers -If the ballots bear the same SNs the following shall:

      2. The City Treasurer:

      1. Issue the subject ballots to the BEI; and
      2. Take note of its condition in the inventory report: The Chairman of the BEI:
      3. Prior to the issuance of subject ballots to the registered voters, shall add one Arabic numeral after the last digit of the serial number, starting with number 1, then 2, and so on and affix his initial thereon. In so doing. the ballots will now have different SNs; and
      4. Record opposite the name of the voters in the EDCVL, the new SNs.

      The fact that the ballots have the same SN and its quantity shall be noted in the Minutes. Further, the new SNs shall be recorded the same. In all instances, the BEI are directed to issue first the ballots with complete and regular SNs. Except those which we re marked as defective ballots, the BEI shall only issue ballots with the same SNs to the voters, if there are no more available ballots with complete and regular SN in the polling place concerned.

    2. Upper and lower serial numbers of the official ballot are different. - If the upper and lower SNs of the ballot are different, the following shall:

      The Poll Clerk:
      1. Enter in the Minutes the different SNs appearing in the ballot, indicating therein whether it is located in the upper or lower portion thereof; and
      2. Record opposite the name of the voter in the EDCVL, the two (2) different SNs.
      The Chairman shall issue the ballot to the voter.

    3. Either the upper or lower serial number of the official ballot is missing. - If either the SN in the upper or lower port ion of the ballot is missing, the members of BEI shall:

      The Poll Clerk:
      1. Take note in the Minutes the missing SN in the ballot either in the upper or lower portion, indicating whether it is located in the upper or lower portion thereof; and
      2. Record opposite the name of the voter in the EDCVL the available SN. The Chairman :
      3. Copy the available SN in the portion of the ballot where it does not appear and affix his signature therein; and
      4. Issue the ballot to the voter.
    4. Both the upper and lower serial numbers of the official ballot are missing. - If both the SNs in the upper and lower portion are missing, the concerned members of the BEI shall:

      The Poll Clerk:
      1. Record the fact in the Minutes.
      The Chairman:
      1. Mark the ballot as "defective ballot"; and
      2. Place the same inside the envelope intended for spoiled ballots.
    1. Serial number of the official ballot is unreadable or hard to ascertain. - If the SN of the ballot is unreadable or hard to ascertain, the following shall:

      the Poll Clerk:
      1. Check the SN of the ballot preceding the ballot with blurred SN and follow the sequence of the SNs;
      2. Enter in the Minutes the as certained SN; and
      3. Record opposite the name of the voter in the EDCVL.
    2. Serial number of the official ballot does not belong to the series. - If the SN of the ballot does not belong to the series. the members of the BEI shall:

      The Poll Clerk:
      1. Note in the Minutes, the SN of the ballot that does not belong to the series; and
      2. Record the same opposite the nrune of the voter in the EDCVL.

The Chairman shall issue the ballot to the voter.

In all instances, the BEIs are directed to issue first the ballots with complete and regular SNs. Except those which were marked as defective ballots; the BEIs shall only issue to the voters, ballots with SNs not belonging to the series, if there are no more in-series ballots available in the polling place concerned.

ARTICLE X
MISCELLANEOUS PROVISIONS

SEC. 64. Special procedures. - The express provisions of this Resolution notwithstanding, the Commission may adopt special procedures in the storage, custody, distribution and retrieval of accountable forms and paraphernalia in exceptional cases to fulfill its constitutional mandate to ensure free, orderly, honest, peaceful and credible elections.

SEC. 65. Applicability of other resolutions. - Resolutions of the Commission insofar as they are not consistent herein shall be applicable.

SEC. 66. 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. 67. 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 immediately furnish copies thereof to the Election Officer of Cabadbaran City, the Provincial Election Supervisor of Agusan del Norte, the Regional Election Director of CARAGA Region, and to the Department of Education.

SO ORDERED.

SIGNED:

  • PARREÑO, AL A., Acting Chairman
  • GUIA, LUIE TITO F., Commissioner
  • GUANZON, MA. ROWENA AMELIA V., Commissioner
  • ABAS, SHERIFF M., Commissioner

Attachment(s)

Signed copy [.pdf 4,435 KB]