Resolution No. 9941

WHEREAS, the Commission on Elections is preparing for the May 8, 2015 Recall Elections for the position of Mayor in Puerto Princesa City;

WHEREAS, the inventory of available yellow metal boxes as of January 5, 2015 shows that there are 163 available yellow metal ballot boxes in Puerto Princesa, while 390 yellow metal ballot boxes are needed for the recall elections, reulting in a deficit of 227 ballot boxes;

WHEREAS, in the Province of Palawan, excluding Puerto Princesa City, there is a surplus of 357 yellow metal ballot boxes;

WHEREAS, in order to augment the ballot box deficiency in Puerto Princesa, there is a need to open ballot boxes currently in the possession of the City Treasurer containing election forms and documents used in the 2013 Barangay Elections, in order that said ballot boxes may be utilized for the 8 May 2015 Recall Elections;

WHEREAS, COMELEC Resolution No. 9022 promulgated on 07 September 2010 set forth the guidelines in the opening of ballot boxes (metal), to wit:

1. The ballot boxes (metal) to be opened are not involved in any election protest of official investigation;
2. The contents of the ballot boxes (metal) shall be disposed of, except the minutes of voting and counting and the election returns deposited therein, which shall be kept by the city/municipal treasurer in a safe and secure place, until further orders from the Commission;
3. The city/municipal treasurer shall post notices of the date, time and place of opening of the ballot boxes in the bulletin boards of his office and that of the city/municipal hall and send notices to the Election Officer and representative/s from the local government unit concerned;
4. The Election Officer or his/her duly authorized represenative shall be present during the opening of the ballot boxes; and
5. A Joint Report on the conduct of the opening of the ballot boxes shall be submitted by the Election Officer and the city/municipal treasurer to the Office of the Deputy Executive Director for Operations, which shall then be submitted to the Commission en banc. Said Joint Report shall indicate the number of ballot boxes opened, the names of the witnesses, and such other incidents or information that the Election Officer and the city/municipal treasurer may deem important;

WHEREAS, in the event that the deficiency of ballot boxes in a particular city/municipality cannot be augmented by ballot boxes that were opened in accordance with Resolution No. 9022, said deficiency will be augmented by the excess ballot boxes of nearby municipalities and cities within the province of Palawan;

NOW, THEREFORE, the Commission on Elections pursuant to the powers vested in it by the Constitution, the Omnibus Election Code, and other election laws, has RESOLVED, as it hereby RESOLVES:

1. To authorize the Election Officer of Puerto Princesa to open ballot boxes used in 2013 Barangay Elections or earlier elections and dispose the contents thereof in order that the same may be used in the May 8, 2015 Recall Elections; Provided, that the guidelines enumerated in Resolution No. 9022 promulgated on September 7, 2010 be observed; Provided, further, the Puerto Princesa City Treasurer shall retain custody of the subject ballot boxes until further orders from the Commission;
2. That in the event that the ballot boxes opened pursuant to the preceding paragraph is still not sufficient to augment the deficiency of ballot boxes in Puerto Princesa City:

1. To direct the Provincial Election Supervisor of Palawan, to immediately cause, in coordination with the Provincial Treasurers and Municipal/City Treasurers, the deployment of surplus ballot boxes to Puerto Princesa;
2. Direct the Finance Services Department (FSD) to provide Php30,000.00 to the Provincial Election Supervisor of Palawan as cash advance for "ballot box deployment"; and (2) issue guidelines on what are the allowable expense items for the use of the "ballot box deployment" cash advance as well as the supporting documents for its liquidation;
3. Direct the Regional Election Director of Region IV to supervise and monitor the deployment of ballot boxes and see to it that the deployment is completed in time for the election;
4. Direct the Provincial Election Supervisor of Palawan to submit, not later than ten (10) days after the recall elections, a report on the deployment of ballot boxes indicating, among others, the number of ballot boxes moved from one city/municipality to Puerto Princesa, the source of the ballot boxes, and the cost for the deployment; and
5. Direct the ODEDO to furnish the Regional Election Director of Region IV with a copy of the inventory report for his information and guidance.

Let the ODEDO, the Finance Services Department and the Administrative Services Department implement this Resolution.

SO ORDERED.

• LIM, CHRISTIAN ROBERT S., Acting Chairman
• PARREÑO, AL A., Commissioner
• GUIA, LUIE TITO F., Commissioner
• LIM, ARTHUR D., Commissioner