GENERAL INSTRUCTIONS FOR THE BOARD OF ELECTION INSPECTORS (BEI) ON THE CASTING AND COUNTING OF VOTES IN CONNECTION WITH THE MAY 08, 2015 RECALL ELECTIONS FOR MAYOR IN THE CITY OF PUERTO PRINCESA, PALAWAN, PURSUANT TO COMELEC RESOLUTION NO. 15-0284 DATED 07 APRIL 2015

WHEREAS, the Commission on Elections promulgated Minute Resolution No. 15-0284 on 07 April 2015, setting the date of the recall elections for Mayor in Puerto Princesa, Palawan on 08 May 2015;

WHEREAS, in furtherance of the said recall elections, the Commission also promulgated Resolution No. 9942 on 07 April 2015, providing for the Calendar of Activities and Periods of Prohibited Acts in connection with the May 08, 2015 Recall Elections for Mayor in Puerto Princesa City, Palawan;

NOW THEREFORE, pursuant to the powers vested in it by the Constitution, the Omnibus Election Code, Republic Act No. 7166, and other election laws, the Commission HEREBY RESOLVES to promulgate, the following General Instructions for the Board of Election Inspectors (BEI) on the Casting and Counting of Votes In Connection with the May 08, 2015 Recall Elections for Mayor in Puerto Princesa City, Palawan:

ARTICLE I
BOARD OF ELECTION INSPECTORS

SEC. 1. Board of Election Inspectors (BEI); constitution and appointment. - The Commission on Elections, through its Election Officer, shall constitute, not later than April 27, 2015, the BEI for each precinct/clustered precinct from the list of all public school teachers submitted by the Department of Education's (DepEd) highest official within the city/school district.

The BEI shall be composed of a Chairman and two (2) members, one of whom shall be designated as poll clerk, and all of whom shall be public school teachers, giving preference to those with permanent appointment and those who served in the immediately preceding October 28, 2013 Barangay Elections.

In case there are not enough public school teachers, teachers in private schools, employees in the civil service, or citizens of known probity and competence who are registered voters of the municipality may be appointed as members of the BEI; provided, that the chairman shall be a public school teacher.

The Commission may, in the exigency of service and upon recommendation of the Regional Election Director of Region IV and DepEd, call upon trainees from the Philippine National Police (PNP) to serve as BEIs in case of failure of public school teachers or their substitutes to serve as such on election day.

SEC. 2. Qualifications of members of the BEI. - No person shall be appointed as chairman or member of the BEI, whether regular, substitute or temporary, unless said chairman or member:

Is of good moral character and irreproachable reputation;
Is a registered voter of the city;
Has never been convicted of any election offense or of any other crime punishable by more than six (6) months of imprisonment;
Has no pending case filed in court for any election offense; and
Is able to speak, read and write English or Filipino, or the local dialect.

SEC. 3. Disqualification. - No person shall serve as chairman or member of the BEI if he or his spouse is related within the fourth civil degree of consanguinity or affinity to any member of the same BEI or to any candidate to be voted for or to the latter's spouse. Violation of this provision shall constitute an election offense as provided in Section 261 (bb), sub-par (3) of the Omnibus Election Code.

SEC. 4. Notice of disqualification. - Any chairman or member of the BEI 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. 5. Temporary vacancies in the BEI. - If, at the time of the meeting of the BEI, 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. 6. 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 BEI.

SEC. 7. Appointment and oath of members of the BEI. - The Election Officer shall accomplish the form for the Appointment of the Chairman and Members of the BEI (CEF 5) in three (3) copies, and require the chairman and members of the BEI to affix their signatures and imprints of their right thumbs on 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:

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
The third copy shall be issued to the chairman/members of the BEI.

SEC. 8. Powers and functions of the BEI. - The BEI shall have the following powers and functions:

Conduct the voting and counting of votes in their respective polling places;
Act as deputies of the Commission in the supervision and control of the election in the polling place wherein they are assigned;
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 BEI or conducts himself in a disorderly manner in its presence or within its hearing and thereby interrupts or disturbs its proceedings, the BEI may issue an order in writing directing 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
Perform such other functions prescribed under the Omnibus Election Code or by the rules and regulations promulgated by the Commission.

SEC. 9. Proceedings of the BEI. - The meeting of the BEI shall be public and shall be held in the polling place designated by the Commission.

The BEI 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. 10. Relief and substitution of members of the Board of Election Inspectors. - The members of the BEI shall not be relieved unless disqualified in accordance with Secs. 2 and 3 hereof. If any member of the BEI 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. Within the same period, the EO shall verify, whether there are members of the BEIs who are related to any member of the same BEIs within the fourth civil degree of consanguinity or affinity, where they are assigned or disqualified under Sec. 3 hereof. BEIs found to be disqualified by reason of relationship to any member of the same BEIs or Sec. 3 hereof, shall be informed by the EO in writing and cause his substitution. Likewise, any interested party may, until May 3, 2015, file an opposition in writing before the EO, on the foregoing grounds. Within forty eight (48) hours upon receipt, such opposition shall be resolved by the EO. If he resolves for the disqualification, he shall appoint a substitute who shall possess the qualifications as herein provided.

Disqualification by reason of relationship either by consanguinity or affinity within 4th civil degree with any candidates, parties have until May 3, 2015 to file their oppositions. The "48-hour rule" provided above shall apply.

SEC. 11. Voting privilege of the members of the Board of Election Inspectors. - Members of the BEI or their substitutes may vote in the polling places where they are assigned on election day as long as:

They are registered voters of the barangay where they are assigned;
Their voting in the polling place where they are not registered should be noted in the Minutes; and
They shall add in the EDCVL for barangay voters their names and precinct numbers where they are actually registered.

Any member of the BEI who is not registered in the barangay where he is assigned, may vote in the polling place where he is registered, provided that:

The voting in his place of assignment is light;
His absence shall not be for more than twenty (20) minutes; and
The members of the BEI shall schedule the voting so that only one (1) member shall leave at any given time.

SEC. 12. Prohibition against political activity. - No member of the BEI or its support staff shall engage in any partisan political activity or take part in the election except to discharge his duties as such and to vote.

SEC. 13. Honoraria of the BEIs, City Treasurer, DepEd Supervisors and Support Staff. - The chairman and members of the BEI, the city treasurer, and the administrators and supervisors of the DepEd assigned by the Commission to perform election duties shall each receive a per diem of One Thousand Pesos (P1,000) for each day of service, provided that in no case shall payment of per diem for services rendered exceed Three Thousand Pesos (P3,000). Support personnel from the DepEd who may be required by the Commission to perform election duties shall each be entitled to a per diem of Five Hundred Pesos (P500) for each day of service, provided that in no case shall payment of per diem for services rendered exceed One Thousand Five Hundred Pesos (P1,500).

There shall be at least one (1) DepEd Supervisor with three (3) support staff for every polling center.

ARTICLE II
WATCHERS

SEC. 14. Official watchers of candidates, citizens' arms and other groups. - Each candidate may appoint two watchers, to serve alternately, in every polling place.

Duly accredited citizens arms of the Commission shall 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 BEI. 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. 15. Qualifications of watchers. - No person shall be appointed watcher unless he:

Is a registered voter of Puerto Princesa City, Palawan;
Is of good reputation;
Has not been convicted by final judgment of any election offense or of any other crime;
Knows how to read and write Filipino, English or of the prevailing local dialect; and
Is not related within the fourth civil degree of consanguinity or affinity to the chairman or to any other member of the BEI in the polling place where he seeks appointment as watcher.

SEC. 16. 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 Puerto Princesa City, Palawan, with the names and signatures of their representatives authorized to appoint watchers not later than April 30, 2015.

The watchers shall have the right to:

Stay in the space reserved for them inside the polling place;
Witness the proceedings of the BEI;
Take note of what he may see or hear;
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;
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;
Obtain from the BEI a certificate as to the filing of such protest and/or of the resolution thereon;
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
Be furnished, upon request, with Certificate of Votes, duly signed and thumb-marked by the Chairman and all members of the BEI.

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

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

ARTICLE III
ELECTION FORMS AND SUPPLIES

SEC. 17. 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 Chairman / Poll Clerk / Members 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 by BEI	3	pieces
27	Official Receipt of Election Returns	10	pieces
ENVELOPE FOR VOTING AND COUNTING
15,16,16-A to 16-D & 28	for Counted Official Ballots, Excess, Marked, Spoiled, Torn Half of Unused Official Ballots, Other Half of Torn Unused Official Ballots, & Official Ballots	7	pieces
17,17-B to 17-G	for Election Returns	1	set of 7 pieces
	- Copy for the City Board of Canvassers
	- Copy for Posting
	- Copy for the Commission
	- Copy for Dominant Majority Party
	- Copy for Dominant Minority Party
	- Copy for Accredited Citizen's Arm
	- Copy for Ballot Box
OTHER ENVELOPES
18 & 18-A	for Minutes of Voting and Counting of Votes	1	set of 2 pieces
OTHER FORMS
30/31	Temporary Appointment of Chairman / Poll Clerk / Member	10	pieces
35	Certificate of Challenge or Protest and Decision of the Board	10	pieces
39	Oath of Voter Challenged for Illegal Acts	10	pieces
40	Oath of Identification of Challenged Voter	10	pieces
	General Instructions for BEI	3	copies
	Election Watcher's ID in Polling Place	2	pieces/candidate
	COMELEC Pass	2	pieces
SUPPLIES
	Ballpen	13	pieces
	Marking Pen (Pentel Pen)	2	pieces
	Bond Paper Long	30	pieces
	Carbon Paper	5	sheets
	Packaging Tape (Brown)	2	pieces
	Rubber Band	8	pieces
	Thumbprint/Fingerprint Taker	1	piece
	Plastic Security Seal for Ballot Box	3	pieces
	Indelible Stain Ink	2	bottles
	Ballot Secrecy Folders	10	pieces
	Ballot Box	1	piece

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 Commission, through Provincial Election Supervisor (PES) of Palawan.

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

That there is considerable distance between the Office of the City Treasurer and the location of the polling place;
That there is lack or difficulty of means of transportation in the area;
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
That the peace and order conditions 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 Region IV on approved request for early delivery and in turn the RED shall transmit the consolidated report to the Commission through the Office of the Deputy Executive Director for Operations.

B. FROM THE ELECTION OFFICER

Two (2) copies of the Posted Computerized Voters List (PCVL) containing the names of registered voters as of the January 2015 Election Registration Board (ERB) Hearing, to be used as follows:
a.1. For Posting at or near the door of the polling place on election day; and
a.2. For use of the third member of the BEI on election day.
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 January 2015 ERB Hearing; and
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 BEIs 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 shortage 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. 18. 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 the Puerto Princesa City, Palawan, in which 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 writing the name of the candidate of his choice.

SEC. 19. Forms to be reproduced when needed.- The following forms may be reproduced when needed:

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

SEC. 20. 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:

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
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. 21. Date of election.- The election shall be held on May 08, 2015.

SEC. 22. 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.

If at three o'clock there are still voters within thirty (30) meters in front of the polling place who have not yet cast their votes, 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 listed shall be called to vote by the poll clerk by announcing each name three (3) times in the order in which they are listed. Any voter in the list who is not present when called shall not be allowed to vote at any later time. The said list shall be submitted to the Election Officer.

SEC. 23. 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. 24. Who may vote.- All registered voters of Puerto Princesa City, Palawan, as of the January 2015 ERB Hearing whose names appear in the PCVL or EDCVL, may vote in the May 08, 2015 Recall Elections.

SEC. 25. Challenge against illegal voters.- Any voter or watcher may challenge any person offering to vote for:

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

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

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;
No watcher shall enter the place reserved for the voters and the BEI, nor mingle and talk with the voters;
No person carrying any firearm or any other deadly weapon, except those expressly authorized by the Commission, shall enter the polling place;
There shall be no crowding of voters and disorderly behavior inside the polling place; and
The ballot box shall remain sealed/locked during voting.

SEC. 29. Persons allowed inside the polling place. - Only the following persons shall be allowed inside the polling place:

Members of the BEI;
Watchers who shall stay only in the space reserved for them;
Representatives of the Commission;
Voters casting their votes;
Voters waiting for their turn to cast their vote;
Other persons who may be 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:

Any officer or member of the Armed Forces of the Philippines or the Philippine National Police;
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 guards, special policemen;
All other kinds of armed or unarmed extra-legal police forces; and
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, and 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.

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

SEC. 30. 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:

A relative within the fourth civil degree of consanguinity of affinity of the voter;
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 assistant, caregiver, or a nurse shall be considered a member of his household; and
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. 31. 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. 32. Express lane for persons with disabilities, senior citizens and escorted detainee voters. - PWDs, senior citizens and detainee voters voting in their respective polling places shall be afforded their right to an express lane and made 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 it (i.e. PWDs, senior citizens, escorted detainee).

ARTICLE V
PROCEDURES FOR CASTING OF VOTES

SEC. 33. 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:

See to it that it has all the election forms, documents and supplies needed;
Post one (1) copy of the PCVL at the door of the polling place;
Staple or paste the certified list of candidates (CEF 4) inside the ballot secrecy folders;
Place the ballot secrecy folders on top of the desk/chair.

b. Before the voting begins, the chairman of the BEI shall:

Open the ballot box, empty both of its compartments, exhibit them to all those present and, being empty, lock its interior cover with any available and sturdy lock, tie, rope or band; and
Show to the public and to the watchers present the package of Official Ballots, duly sealed, and thereafter, break the seals. 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 with the seals intact shall be entered in the Minutes.

The interior cover of the ballot box shall remain sealed until the voting is finished and the counting begins. However, if it should become necessary to make room for more ballots, the chairman, may, in the presence of the members and watchers, open the interior covers of the box by breaking the lock, tie, rope or band used to seal the interior covers, 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 any available and sturdy lock, tie, rope or band, as provided. Such facts shall be recorded in the Minutes.

SEC. 34. Manner of obtaining ballots.- The voter shall:

Look for his name in the PCVL posted near the door of the voting center and determine his precinct number and sequence number;
Approach the BEI member of the precinct, give his sequence number in the PCVL, name and address, together with the other data concerning his person;
The BEI 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 BEI 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 his identity, the name of the voter 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.
Before giving the ballot to the voter, the chairman of the BEI shall:

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;
Affix his signature in the EDCVL;
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.
Instruct the voter on how to fill-up the ballot properly.
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 official ballots, and not more than one ballot shall be issued at one time.
Require the voter to affix his signature on the proper space on the EDCVL.

SEC. 35. Manner of voting. - The voter, upon receiving his folded ballot, shall, 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. 36. Prohibition on voting. - It shall be unlawful for a voter to:

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

SEC. 37. 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. 38. Procedure after voting. -

After the voter has filled up his ballot, he shall fold it in the same manner as when he received it;
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 the folded ballot to the chairman;
The chairman, in the presence of the voter and all the 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. Any ballot returned to the chairman, the serial number of which 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.
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 right 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 compartment of the ballot box for spoiled ballots. The voter shall then be requested to leave. Such fact shall be indicated in the Minutes.
The Chairman shall sign in the proper space in the EDCVL;
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, and placed inside the compartment for spoiled ballots. Such fact shall be indicated in the Minutes of Voting and Counting of Votes.
The voter shall then leave.

SEC. 39. 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 any statement at any time, except as witness before a court or body as to how many persons voted.

SEC. 40. Disposition of unused ballots.- After the voting, the chairman in the presence of the BEI shall:

Record in the Minutes the quantity of unused ballots;
Tear the unused ballots in half lengthwise;
Place one half in the envelope (CEF 16-A), and submit to the EO for safekeeping; and
Place the other half in another envelope (CEF 16-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. 41. 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 counting.

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

SEC. 42. 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 accomplish the election returns and other forms in any other place within a public building in the 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 within the city and that it shall not be located within 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. This fact 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. 43. 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:

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.
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.
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.
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. 44. 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. 45. 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 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.

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 compartment for valid ballots.

SEC. 46. 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:

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.
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;
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 not be counted for any of them;
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;
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;
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;
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;
When a name of a candidate is written 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;
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.
When in a space in the ballot there appears a name of a candidate that is erased and another clearly written, the vote is valid for the latter;
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.
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;
Ballots which contain prefixes as such "Sr." "Mr.", "Datu", "Don", "Ginoo", "Hon.", "Gob.", or suffixes like "Hijo", "Jr.", "Segundo", are valid.
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;
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.
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 written but with a different first name, the vote shall not be counted in favor of any candidate having such first name and/or surname;
Any ballot written with crayon, lead pencil, or in ink, wholly or in part, shall be valid;
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;
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;
Ballots containing the name of a candidate or party printed and pasted on a blank space of the ballot or affixed thereto through any mechanical process are totally null and void;
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;
Unless it should clearly appear that they have been deliberately 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 writing and unintentional or accidental flourishes, strokes or strains, shall not invalidate the ballot;
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;
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;
The accidental tearing or perforation of a ballot does not annul it; and
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. 47. 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:

The first copy, to the City Board of Canvassers;
The second copy, to be posted on the wall with sufficient lighting within the premises of the polling place;
The third copy, to the Commission;
The fourth copy, to the dominant majority party;
The fifth copy, to the dominant minority party;
The sixth copy, to the citizens' arm; and
The seventh copy, to be deposited inside the compartment 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. 48. Announcement of the result of the election in the polling place. - Upon the completion of the election returns, the Chairman of the BEI shall publicly announce the total number of votes received by each candidate.

SEC. 49. 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. 50. 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 initialed 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 correction 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. 51. 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 BEI shall:

Place the following documents inside the compartment 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.
Close the inner compartments of the ballot box, and in lieu of a padlock, lock the interior covers of the ballot box with any available and sturdy lock, tie, rope or band. In addition, the BEI shall seal the interior covers with packaging tape and affix their signatures thereon then proceed to lock the outer cover with plastic security seals and wrap sturdily the outer lid of the ballot box with packaging tape, and affix their signatures on the tape extending to the a part of the ballot box. Such facts, including the serial numbers (SN) of the plastic security seals, must be recorded in the Minutes before the same shall be deposited inside the ballot box.
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 treasurer shall 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.
Deliver to the Election Officer:
1. EDCVL;
2. Two (2) copies of PCVL;
3. Envelope containing:
  1. Copy of the Minutes of Voting and Counting of Votes (copy for the Commission);
  2. Other half of the torn unused official ballots; and
4. 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. 52. 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. 53. 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 therefrom any election document EXCEPT, to retrieve copies of the election returns which will be needed in any canvass, with prior authority of the Commission, through the Election Officer as provided under Resolution No. 9080 promulgated October 24, 2010.

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. 54. 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 BEI to the CBOC.

SEC. 55. Delivery and transmittal of election returns by the election officer. - The election officer shall segregate all copies of the election returns received from the BEIs, deposit the election return intended for the Commission in a ballot box, and lock the same with plastic security seals.

ARTICLE IX
CONTINGENCY PLAN

SEC. 56. Problems that may be encountered. - The following problems may be encountered during the elections, to wit:

Late arrival of official ballots, accountable election forms and other election paraphernalia;
Shortage, non-availability or missing pages of accountable and non-accountable election forms and supplies;
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. 57. Contingency measures. - In case the foregoing problems are encountered, the RED and Assistant RED of Region IV, the PES of Palawan, the EO of Puerto Princesa City, City Treasurer of Puerto Princesa City, BEIs, and CBOC shall institute the appropriate contingency measure:

I. LATE ARRIVAL OF OFFICIAL BALLOTS, ACCOUNTABLE ELECTION FORMS AND OTHER ELECTION PARAPHERNALIA

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;
If based on their assessment, the ballots will arrive before twelve o' clock in the afternoon of May 08, 2015, 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;

II. SHORTAGE, NON-AVAILABILITY OR MISSING PAGES OF ACCOUNTABLE AND NON-ACCOUNTABLE ELECTION FORMS AND SUPPLIES

Official Ballots
1. 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."
Election Returns/Tally Boards
1. Shortage or non- availability of election returns/tally boards. -If either 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:
  1. Improvised ERs or Tally Boards and proceed with the counting of votes;
  2. After the counting, sign the improvised ERs or Tally Boards and imprint their thumbmarks;
  3. Distribute copies of the improvised ERs or Tally Boards in accordance with Section 4 hereof ;
  4. 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
  5. Place all forms used inside the corresponding envelopes and deposit the same inside the ballot box;
2. 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 other copies of the ERs with no missing pages. All such photocopies shall be certified by the BEI and watchers, if available.
Authority of the Election Working Committees. - Authority is hereby granted to:
1. The Printing Committee:
  1. Cause the printing of the required ballots/ERs.
2. The PSC:
  1. Immediately pack and ship the lacking ballots/ERs through the fastest means possible and ensure that the same arrives at and receive by the intended recipients on or before election day.

III. 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.

Official ballots bearing the same serial numbers -If the ballots bear the same SNs the following shall:

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:
1. 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
2. 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 were 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.
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.
Either the upper or lower serial number of the official ballot is missing. - If either the SN in the upper orlower portion 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:
1. Copy the available SN in the portion of the ballot where it does not appear and affix his signature therein; and
2. Issue the ballot to the voter.
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.
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 ascertained SN; and
3. Record opposite the name of the voter in the EDCVL.
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 name 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. 58. 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. 59. Effectivity. - This Resolution shall take effect after its publication in two (2) daily newspapers of general circulation in the Philippines.

SEC. 60. 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 Puerto Princesa City, the Provincial Election Supervisor of Palawan, the Regional Election Director of Region IV and to the Department of Education.

SO ORDERED.

SIGNED:

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

Attachment(s)

Signed copy [.pdf 3,292 KB]

Resolution No. 9960

GENERAL INSTRUCTIONS FOR THE BOARD OF ELECTION INSPECTORS (BEI) ON THE CASTING AND COUNTING OF VOTES IN CONNECTION WITH THE MAY 08, 2015 RECALL ELECTIONS FOR MAYOR IN THE CITY OF PUERTO PRINCESA, PALAWAN, PURSUANT TO COMELEC RESOLUTION NO. 15-0284 DATED 07 APRIL 2015

Attachment(s)