EXCERPT FROM THE MINUTES OF THE SPECIAL EN BANC MEETING OF THE COMMISSION ON ELECTIONS HELD ON MARCH 7, 2013

Present: Chairman Sixto S. Brillantes, Jr. Commissioner Elias R. Yusoph Commissioner Christian Robert S. Lim Commissioner Maria Gracia Cielo M. Padaca On Official Business: Commissioner Lucenito N. Tagle
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13-0349. IN THE MATTER OF THE REQUEST OF RAPPLER INC. FOR s AqjCESS TO THE RAW ELECTION RETURNS DATA TRANSMITTED BY ^ THE PCOS MACHINES TO THE TRANSPARENCY SERVER IN - CONNECTION WITH THE MAY 13, 2013 NATIONAL AND LOCAL ELECTIONS This pertains to the Memorandum dated March 6, 2013 of

Commissioner Christian Robert S. Lim relative to the Letter of Ms. Glenda M. Gloria, Managing Editor, Rappler Inc., requesting for access to the raw election returns data transmitted by the PCOS machines to the Transparency " Server in connection with the May 13, 2013 National and Local Elections. The Memorandum of Commissioner Lim reads:
This pertains to the request o f Rappler, Inc. for access to the raw election returns data transmitted by the PCOS machines to the Transparency Server, formerly known as the KBP Server. This matter was referred by the Office o f the Chairman to the undersigned for study and recommendation. After meeting with representatives o f Rappler, Ms. Glenda M. Gloria, Managing Director o f Rappler, Inc., formalized their intent to setup a redundancy or mirror server, which will replicate the information received by the Transparency Server, at their own cost and without cost to the Commission. This is embodied in their Letter sated 28 February 2013 addressed to Chairman Brillantes, a copy o f which is attached here for your reference. After deliberating on this issue with the Information Technology Department, the undersigned hereby endorses for approval by the Commission En Banc the attached draft Memorandum o f Agreement between this Commission and Rappler Inc. Should it be approved, the undersigned further requests that the Chairman be duly authorized to sign the same. Kindly include this matter in the agenda o f the next En Banc meeting.

The Letter of Ms. Gloria addressed to Chairman Sixto S. Brillantes, Jr. states:
>As discussed in previous meetings with the Commission en Banc and with individual commissioners, Rappler will sponsor a clone server for hosting real time results o f the May 2013 elections. During the meeting with Commissioner Christian Lim last January 23, we understand that the Commission will allow this under the condition that we will shoulder the cost o f the server, based on specifications provided by the Comelecs IT Department.

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We also understand that, should other parties who are not members of the KBP, request for access to the results, Comelec may require Rappler to give said parties access to election data hosted by this server. Attached, for this purpose, is the draft Memorandum of Agreement, for the Commissions approval.

The Commission RESOLVED, as it hereby RESOLVES, as follows:

1.

to grant the request of Rappler Inc. for access to real-time election results data transmitted by the PCOS machines to the

Transparency Server for the May 13, 2013 National and Local Elections, at no cost to the Commission;

2.

to approve the hereto attached four (4)-page draft Memorandum of Agreement (MOA) between the COMELEC and Rappler Inc. on the matter; and

3.

to authorize Chairman Sixto S. Brillantes, Jr. to sign for and in behalf of the Commission the said MOA.

Let the Office of Commissioner Christian Robert S. Lim implement this resolution.

SO ORDERED.

Cc:

Chairman
All Com missioners

Executive Director Deputy Executive Director for Operations Deputy Executive Director for Administration Information Technology Department PMO PMO-Secretariat