Beruflich Dokumente
Kultur Dokumente
lEElAilDN DEI)A~~EN~
E'CELVED
2/30
Republic of the Philippines
COMMISSION ON
Manila
RESOLUTION NO.
WHEREA$, Republic Act No. 9369 authorfzed the Commission on Election to
use an Automated klection System (AES) as it may deem appropriate and practical for
the processes of voting, counting and transmission of results;
WHEREAS, in Minute Resolution No. 12-1029 dated November 20, 2012, the
Commission on E-lections authorized the use of AES in the conduct of overseas voting in
seven (7) posts; namely: Philippine Consulate General (PCG) in Hong Kong, Philippine
Embassy (PE) in Singapore, Abu Dhabi PE, Jeddah PCG, Kuwait PE, Dubai PCG and
Riyadh PE for the May 13,2013 National and Local Elections;
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g) List of Overseas Voters with Voting Records (OW No. 2-A) - list of
overseas voterslwith biometries arranged alphabetically to vote in absentia, for use
by each Special Board of Election Inspectors during the voting period;
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h) National Registry of Overseas Voters (2VROV) - consolidated list
prepared, approved and maintained by the Commission, of overseas voters whose
applications foI' registration as voters, including those registered voters who have
applied to be kertified as voters, have been approved by the Resident Election
Registration Board (RA 9189). It shall indicate the Post where the overseas voter is
registered.
111) Personql Voting - a mode of voting where the voters personally appear to
cast' their votds at the Posts or such other voting areas designated by the
Commission;., 1
n) Posts - Philippine embassies, consulates, foreign service establishments and
other Philippine government agencies maintaining offices abroad, e.g., the
Philippine Overseas Labor Offices (POLO), having jurisdiction over the places where
the overseas voters temporarily reside. For purposes of overseas voting, Posts shall
also mean to include the three (3) Manila Economic & Cultural Offices (MECOs) in
Taiwan;
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o) Representative of the Commission - officials 'and employees of the
foreign service corps, including Filipino contractual employees that the embassies,
consulates and other foreign service establishments may locally hire at the host
country and Filipino volunteers nominated by the Post and deputized by the
Commission;
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p) Seqfarers - ship officers and ratings manning ships, including offshore
workers, senrick providers and fishermen, as defined in the Revised Rules on the
Issuance of Seafarer's Identification and Record Book of the Maritime Industry
Authority; i I
ARTICLE I1
SPECIAL BALLOT RECEPTION AND CUSTODY GROUP
<
Additional SBRCG in Posts may be constituted where the registered voters are
more than forty thousand (40,000).
In case there is not enough qualified staff of the Posts, citikens of the Philippines
who are qualified to vote under R.A. 9189,and of lznown probity and competence, may
be appointed as members of the SBRCG, provided that the chairman shall be a staff of
the Posts. The Head of Post shall issue the Appointment of the Chairman/Poll
Clerk/Members/Substitutes of the SBEIISBRCG (OW No. 5)
1n'case of temporary vacancy in the SBRCG, the provision of Sec. 13, Article N
hereof shall apply. )
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Set. 4. Disqualification. - The members of the SBRCG or their spouses shall
not be related within the fourth civil degree of consanguinfty or affinity to any member
of the same SBRCG or to any of the candidates for Senators.
For this purpose, the COV shall furnish the post, through the DFA-OVS, the list
of senatorial candidates for the May 13, 2013 National and Local Elections, so that the
members of the SBRCGs will be able to know whether they are qualified or not to accept
their appointments!
Sec. 6. Fuhctions of the SBRCG. - The SBRCG shall perform the following
duties and functions:
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a) Receive fr'om the Commission through the COV, the PCOS and CCS machines,
all accduntable and non-accountable election forms, supplies and
paraphePnalia to be used in voting, counting and canvassing;
b) Verify, using the packing list, the quantity and serial numbers of all ballots,
election returns and canvassing forms, and other accountable forms, received
in the priesence of the head of the Post or his/her authorized representative,
watchers of political parties and representatives of the Filipino community, if
available.
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c) Notify the COV within twenty-four (24) hours after verification, of the receipt
of accountable and non-accountable forms, condition thereof and
discrepabcy, if any, the quantity and serial numbers of the accountable forms;
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d) Store in a secured place all received forms and supplies; and
ARTICLE I11
SPECIAL BOARDS OF ELECTION INSPECTORS
For purposes of AES, each SBEI shall handle not more than ten thousand
(lo,ooo) voters' equivalent to ten (10) precincts. Each precinct shall consist of no more
than 1,000 voters. The SBEI may be assisted by a support staff as Provided under Sec. 15
hereof.
The SBEI shall be composed of a Chairman and two (2) Members who shall be
public officers posted abroad and deputized by the Commission, one of whom shall be
designated as Poll Clerk and the other as Third Member.
.
In all cases, at least one (I) member of the SBEI shall be an information
technolog~r-capableperson as certified by the Department of Science and Technology
(DOST).
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. The chairman shall be a public officer posted abroad. In the absence of ally other
government officers, thetwo (2) other members shall be citizens of the Philippines who
are qualified to vote under R.A. 9189, and of known probity and competence.
For this purpose, the COV shall furnish the Post, through the DFA-OVS, the list
of senatorial candidates for the May 13, 2013 National and Local Elections so that the
members of the SBEIs will be able to lznow whether they are qualified or not to accept
their appointments:
Sec. lo. Powers and functions of the SBEI. - The SBEI shall have the
following powers add functions:
a) Condact the voting in the polling place and administer the electronic
counting of votes, including the testing and sealing of the PCOS machine;
d) Maintain order within the polling place and its premises, to keep access
thereto open and unobstructed, and to enforce obedience to its lawful
orders. If any person refuses to obey its lawful order, or conducts himself
in a disorderly manner in its presence or within its hearing and thereby
interrupts or disturbs its proceeding, the SBEI may call upon the security
force of the Post, if any, or its deputized peace officer to take such person
into custody until the adjournment of the meeting, but such order shall
not bk executed as to prevent the person from voting; and
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e) Perform such other functions as may hereinafter be prescribed by the
Commission.
Sec. 11. Proceedings of the SBEI. - The meeting of the SBEI shall be public
and held in the polling place designated by the Commission. The SBEI shall act through
its Chairman and shall decide, without delay, by a majority vote, questions which may
arise in the performance of its duties.
ARTICLE IV
COMMON PROVISIONS
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Sec. 13. Temporary vacancies in the SBEI/SBRCG. - If at the time of the
meeting of the SBEIISBRCG, any member is absent or the office is still vacant, the
members present shall call upon any substitute taken from the pool of substitutes, to
perform the duties bf the absent member. If the substitute cannot be found, the Head of
the Post shall appoint any available official or employee of the Foreign Service corps or
non-partisan regist'ered voter not otherwise disqualified to temporarily fill said vacancy
until the absent member appears or the vacancy is filled.
For this pyrpose, the Posts shall constitute a pool of substitutes for the
SBEIISBRCG which will likewise be deputized by the Commission.
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Sec. 15. Shpport S t a s . - During rest days and declared holidays in the host
countries where the turn-out of voters at the polling places is expected to be heavy, each
SBEI shall be assisted by three (3) support staff who shall be designated not later than
April 3, 2013 by tlhe Head of the Post from among the personnel of the Post or
government agencies maintaining offices abroad or in their absence or non-availability
from among the members of the Filipino Community.
The support' staff shall assist the SBEI in planning, organizing and supenising
the setting-up of a voters' assistance center at the voting center to assist voters in
locating their polling places/precinct assignments and assist in the crowd management
at the entrance areas of polling places and perform such other functions as may be
directed by the SBEI.
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Support staff must not be related witl~inthe fourth civil degree of consanguinity
or affinity to any niember of the same SBEI where he will be assigned to assist or to any
of the candidates for Senators.
Sec. 16. PCOS Technieal Support personnel.- There shall be at least two
(2) technical support personnel to be designated not later than April 3, 2013 by the Post
who shall be responsible to address and monitor the activities of the PCOS machines. He
shall be responsible to report to the National Support Center on possible contingencies
that may arise before, during and after the election period.
Sec. 17. Minutes of Testing and Sealing; Voting and Counting
(Minutes). - The.SBEI shall accomplish in two (2) copies of the Minutes ( O W No. 11)
and record the act or data required therein as they occur or become available during the
voting. Copies of the OVF No. 11 shall be sealed in separate envelopes to be distributed
as follows: )
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ARTICLE V
! WATCHERS
For this purpose, registered political parties, coalition of political parties and
evely candidate, associations or organizations participating in the party-list system
representation, accredited citizens' arms and accredited O W organizations shall
submit to the Posts, copy furnished the COV, its list of watchers per SBEI not later than
five (5) days before'the start of voting period.
Sec. 2 2 . Rights and duties of watchers. - Upon entering the polling place,
the watchers shall present and deliver to the chairman of the SBEI their appointments
and forthwith, their names shall be recorded in Part VI of O W No. 11 with a notation
under their signatures that they are not disqualified to serve as such. The appointments
of the watchers shall bear the personal or facsimile signature of the candidate or the
duly authorized representative of the political party, organization or coalition of parties
who appointed them or of organizations authorized by the Commission. For this
purpose, registered political parties, organizations or coalitions1 authorized by the
Commission, accrddited citizens' arms and OFW organizations, shall provide the COV
with the names aria signatures of their representatives authorized to appoint watchers
in each Post not later than March 13, 2013. The COV will furnish the DFA-OVS with
the said names and signatures, which shall be forwarded to the Post concerned.
c) Take photograph of the proceedings and incidents, if any, during the counting
of votes, hs well as of the election returns and ballot boxes/receptacles, except
the ballot being accomplished by the voter;
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d) File a protest against any irregularity or violation of law which they believe
may have been. committed by the SBEI or by any of its members or by any
person; '
e) Obtain fiom the SBEI a certificate as to the filing of,such protest and/or
resolution thereon;
fl Read the election returns after it has been read by the Chairman without
touchingisuch documents; and
Watchers shall not speak to any member of the SBEI, or to any voter, or among
themselves, in such a manner as would disturb the proceedings of the SBEI.
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ARTICLE VI
ELECTION FORMS AND SUPPLIES
Sec. 23. Election forms, documents and supplies. - The SBRCG shall receive
from the Commission through the COV, PCOS machines, election forms, documents and
supplies for its use and for distribution to the SBEIs. Except when authorized to do so
earlier by the Head of Post, the SBEIs shall get the forms, documents and supplies early,
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in the morning of each voting day. The allocation of the forms, documents and supplies
shall be according to the following:
I. FOR VOTING.
A. PCOS box from the Commission containing the following:
I OW I I TITLE/DESCRIPTION RATE OF 1
NO. DISTRIBUTION
2-A List of Voters wit11 Voting Records 1 1 Set
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5 Appointment of SBEIISBRCG 9 Pieces
5-A Oath of Office of SBEIISBRCG 9 Pieces
6 Official Ballots 1 Piece per Voter
12 Paper seals 5 Pieces
Envelope for Torn Half of Unused Official Ballots, Other 3 Pieces
16
Half of Torn Unused Official Ballots and Official Ballots
Envelope for Minutes of Testing and Sealing; Voting and, 1 Set of 2 pieces
18 Counting
SUPPLIES
Ballot Secrecy Folder 12 Pieces
Serially numbered Plastic Security Seal for the Ballot Box 5 Pieces/precinct
, Serially numbered Plastic Security Seals for the PCOS , 1 . Piecelprecinct
D. Election ~ o i mto
s be printed/reproduced/purchasedby the Post:
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OVF TITLE/DESCRIPTION RATE OF
I
NO. , DISTRIBUTION
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11. FOR THE FINAL TESTING AND SEALING - In the morning of the day
scheduled for the testing and sealing of the PCOS, the SBEI shall get from the
SBRCG the following forms, documents and supplies to be used for such
testing ahd sealing:
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ARTICLE VII
' FINAL TESTING AND SEALING
Sec. 24. Period for testing and sealing of PCOS machines. Not later than
April 12,2013, th&SBEIs shall convene in their assigned polling $laces to test and seal
the PCOS machines.
Sec. 25. Notice of convening of the SBEI for the testing and sealing of
the PCOS machines. At least five (5) days before the testing and sealing of the PCOS
machines, the Head of Post shall notify in writing, the SBEI concerned of the date, time
and place of the testing and sealing.
In case of c'andidates, registered political parties, coalition of political parties,
associations or org6nizations participating in the party-list system of representation, the
COV shall notify them by posting a notice of the date, time and place of testing and
sealing for each precinct, not later than April 5, 2013, in the official website of the
Commission and tGe DFA-OVS.
Sec. 26. Procedures for the testing and sealing of the PCOS machines.
During the testing and sealing, the SBEI shall observe the following procedures:
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a) Explain to those present, the purpose of, and the procedures for, the testing
and sealing;
b) Randomly choose from among those present, ten (10) voters who will
accompli'bh the test ballots. If there are less than ten (lo) voters, any of the ten
(lo) voteks may accomplish more than one (1) test ballot to complete the ten
(10) test ballots needed;
C) Seal the ,ballot box with the packing tape, and show to the public that the
PCOS box is sealed;
d) Remove the sticlter seal of the PCOS box;
e) Open ~ I I ~ ~ P C O S
box;
f) Check whether the followingare inside the PCOS box:
1. Checldist of contents of the box;
2. PCOS machine;
3. ~ o w ecord
i of the PCOS machine;
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4. Ten (lo) test ballots;
5. ~ w e l v e(12) rolls of paper;
6. One envelope containing the back-up memory;
7. Three(3) labeled PINS of the BEI;
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8. One (I) labeled PIN for re-zeroing;
g. Twenty-two (22) Marlung Pens
The twelve (12) rolls of paper shall not be used during the testing and sealing,
and shal\ remain inside the PCOS box.
g) Retrieve the PIN of each member of the BE1 and distribute the same among
themselves. The PIN for re-zeroing shall likewise be redieved, and shall be in
the custody of the Chairman;
h) Retrieve the test ballots from the PCOS box.
i) Retrieve the PCOS from its box;
j) Show to the public that the PCOS slot labeled "POLL WORKER" where the lsP
main memory card is stored is sealed. It shall remain sealed throughout the
testing ahd sealing procedure;
I ) Place the. PCOS properly on top of the ballot box; 4
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1) Break the plastic fixed length seal of the printer cover of the PCOS;
m) Open the printer cover, after which the Chairman shall take out the iButton
security key;
n) Ensure that the roll of official thermal paper is already properly installed;
o) Close thq printer cover;
p) Connect the power adaptor to the PCOS AC power port (20 VAC) and plug the
other end to the electrical outlet;
q) Connect the battery to the PCOS DC power port (12 VDC). If there is no
power, press with a ballpoint pen the RESET button located at the back of the
PCOS above the AC power port;
r) Wait until the PCOS displays the message "BE1 AUTHENTICATION PLEASE
INSERT SECURITY KEY FOR AUTHENTICATION";
S) The chairman shall:
i
i . ~ l a c ihe
e iButton security key on top of the iButton security key receptacle
add apply slight pressure thereon. A message "PLEASE ENTER
SECURITY PIN" will be displayed in the screen.
2. Enter the security "PIN. A message."PIN ACCEPTED" appears on the
screen.
3. wait until the message "BE1 SECURITY KEY VERIFIED" appears on
the PCOS screen. A message "IS THIS THE CORRECT TIME?", with
"FS/NO" options appearing on the screen.
4. Select "YES" if the date and time is correct, and enter such fact in O W
N0.11.
5. Select "NO" if the date and time is incorrect. The screen will ask the
: SBEI to set the correct date and time, and ask for the correct:
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a. i YEAR. If year is correct, press "DONE". 1f not,
i. If YEAR is before 2013, press +++ button, until the year displayed
! is 2013.
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ii. If YEAR is after 2013, press --- button, until the year displayed is
2013.
f. ; After correction of the date and time has been effected, Press
I "DONE", and enter such fact in O W No. 11.
3) The PCOS will run the diagnostics on the backup memory. Wait until the
screed displays "BACKUP MEMORY CARD NOT DETECTED". Select
"YES" option. Then the PCOS will display the message "COMPLETE
DIAGNOSTICS. COMPACT FLASH PASSED".
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4) The PCOS shall then test the "EEPROM", and thereafter displays the
message "COMPLETE DIAGNOSTICS. EEPROM PASSED" if the
"EEPROM" is operational; otherwise, it shall display the error message
"COMPLETE DIAGNOSTICS. EEPROM FAILED".
5) The PCOS then runs diagnostics on the thermal printer by automatically
printing a sample output on the thermal paper. The sample printout will
be "*** DIAGNOSTICS PRINTER TEST. ***".
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6) The PCOS shall display "CAN YOU READ THE TEXT PRINTED ON THE
PAPER?" with "YES and NOJ'options.
7) Select the appropriate option. If "YES" is selected, the PCOS will display
"COMPLETE DIAGNOSTICS. THERMAL PRINTER PASSED". If "NO",
the PCOS will display "COMPLETE DIAGNOSTICS. THERMAL PRINTER
FAILED".
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8) The 7COS shall then display a set of numbered buttons to test the LCD
screen. Test all buttons by pressing them one at a time. If a button worlzs
prope'rly, the following message will appear "BUTI'ON 1 PRESSED,
BUTTON 2 PRESSED...." depending on th'e number of the buttons
pressed. If the button pressed is not working, the PCOS will not display
any message. Continue pressing the other buttons. When finished, select
"DONE". The PCOS shall then display the message "DOES THE LCD
WORK PROPERLY?" with "YES and NO" options. Select the appropriate
If NO is selected, the PCOS will display "COMPLETE
DIAG
OPtiOF; OSTICS. LCD FAILED". Then the PCOS will automatically perform
No. 12 hereof.
g) If "Y$s" is selected, the PCOS shall display the message "PLEASE PRESS
THE lGREEN CAST BU'ITON TO CONFIRM THAT IT IS WORKING
PROgERLY". The SBEI member shall then press the green "CAST"
button.
1o)The P,COS shall display the message "PLEASE PRESS THE RED RETURN
B W O N TO CONFIRM THAT IT IS WORKING PROPERLY". Press the
red "PETURN" button.
11) The PCOS will display "COMPLETE DIAGNOSTICS. LCD PASSED".
12)The PCOS shall automatically test the clock component and display the
message "COMPLETE DIAGNOSTICS. CLOCK PASSED" if the clock is
operational; otherwise, it will display the error message "COMPLETE
DIAGNOSTICS. CLOCK FAILEDJ'.
1g)The YCOS shall automatically test the power component and display the
message "COMPLETE DIAGNOSTICS. POWER PASSED" if the power
compbnent is operational; otherwise, it will display the error message
"COMPLETE DIAGNOSTICS. POWER FAILED".
14)The PCOS shall automatically test the modem device and display the
message "TESTING MODEM DEVICE. DETECTING MODEM" followed
by "COMPLETE DIAGNOSTIC. MODEM FAILED". Ignore this message
during the FTS since the modem is not connected to the PCOS.
15)The PCOS shall display the message "PLEASE INSERT ONE BALLOT TO
RUN SCANNER DIAGNOSTICS". The operator shall get one (I) blank test
ballot from among the ten (lo) test ballots, and feed it in the PCOS ballot
entry slot;
16)The PCOS shall validate the ballot and display the message "SCAN
COMPLETE". Press "NEXT" button. The PCOS shall display the contents
of th'e ballot with a message "VALID BALLOT SENATOR: BLANK
CONTEST. ." Select "NEXT" to continue the display of the contents. Then
selectl"NEXT"to complete the display. Press the "RETURN" button. PCOS
shall display the message "RETURNING BALLOT" and the test ballot is ,.
i vI.dL/
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returned through the ballot e n t ~ yslot. The certified IT-capable member of
the SBEI shall include the test ballot used with the rest of the test ballots;
17)After this, the PCOS shall display the message "IS THE SCANNER
WORKING PROPERLY AND ARE THE SCANNED BALLOT RESULTS
CORRECT?", with "YESJ' and "NO" options. Select the appropriate option.
If the-ballot scanner is functional, select "YES"; otherwise, select "NO". If
"YES'! is selected, the PCOS will display "COMPI,ETE DIAGNOSTICS.
SCANNER PASSED". If "NO" is selected, the PCOS will display
"COMPLETE DIAGNOSTICS. SCANNER FAILED";
i8)The PCOS shall display the "PRINT, DISPLAY, and PREVIOUS SCREEN"
options;
ig) Select "DISPLAY" option. The PCOS shall display the Diagnostics Report,
with "DONE" and "NEXT" options;
20) Select "NEXT" option to display the second screen of the
Diagnostics Report;
21) The PCOS shall display the "PREV, DONE, an4 PRINT" options;
22)~elect'"PRINT" to print the Diagnostic Report.
The repoh should contain the message "MACHINE IS READY FOR USE" that
is printed! at the bottom of the Diagnostic Report. If it does not contain such
message; identify from the report which component failed, and call the
technical!support for assistance.
In the PCOS where modem failed due to the absence of modem, the report
will contain message "MODEM FAILED" and "MACHINE IS NOT READY
FOR USE". Ignore this message during the FTS since the modem is not
connected to the PCOS.
n3)After printing the Diagnostic Report, the PCOS will display a message
"WOULD YOU LIKE TO PRINT MORE COPIES OF THIS REPORT?" with
"YES and NO" options. Press NO option;
n4)The utilities Meno will be displayed with the following options:
"TABULATOR. INFO, RUN DIAGNOSTICS, RE-ZERO and PREVIOUS
SCREEN". Select "PREVIOUS SCREEN" to return to the Main Menu;
25)Detach the printed Diagnostic Report, and place it inside the envelope (A17-
TS) provided for the purpose;
a6)Select "OPEN VOTING from the Main Menu.
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e7)Press the "INITIALIZE VOTE COUNTERS" option of the PCOS. The PCOS
shall then:
i. Display the message "INITIALIZING VOTE COUNTERS (ENSURING
THAT VOTE COUNTERS ARE ZERO) PLEASE WAIT ...";
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ii. Display "RESULTS HAVE BEEN ZEROED";
iii. Automatically print the Initialization Report showing Zero (0)vote for
each candidate including the geographic information (province,
P
city;/municipality, barangay, voting center and individual precinct in the
cluster);
iv. Aft$r printing the Initialization Report, the PCOS will display the
message, "WOULD YOU LIKE TO PRINT MORE COPIES OF THE
ZERO TAPE?" with "YES and NO" options. Press "NO". The PCOS will
display the message "PLEASE INSERT BALLOT". Now, the PCOS is
ready to accept ballots.
28) Detach; the Initialization Report, affix their signatures thereon including
those of ;he representatives of the political parties, candidates or citizens arms
present; :
29) Place the Initialization Report inside the envelope (A17-TS) containing the
Diagnostic Report for submission to the EO; I
30) The Chbirman of the SBEI shall issue the ten (lo) test ballots.
Only twc( (2) voters can accomplish the test ballot at the same time. For this
purpose, ,the Chairman shall give each of the test voters a ballot inside a ballot
secrecy folder and a marking pen;
The test .voter shall, using the marking pen, accomplish his ballot by fully
shading the ovals opposite the names of the candidates of his choice,
including that of the party, organization or coalition participating in the party-
list system of representation. Thereafter, he shall return his accomplished
ballot inside the ballot secrecy folder, and proceed t o the SBEI;
3i)The chairman of the SBEI shall:
1. ~xarn'inethe accomplished ballots and determine whether the ovals
opposite the names of the candidates/political parties participating in the
party:list system chosen have been fully shaded, and the security features
(timing marks and bar codes) have not been damaged;
2. Return the accomplished ballot inside the ballot secrecy folder and give
the same to the voter who shall personally feed the accomplished ballot
into the PCOS ballot e n t ~ yslot.
u) Close the voting after the ten (lo) voters have voted by performing the
following:
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1.The Chairman shall place the iButton security ley on top of the iButton
securi,ty key receptacle, apply slight pressure thereto, and remove the
iButtdn security key from its receptacle, after which the PCOS will display
the Main Menu;
2. Press the "CLOSE VOTING" option in the Main Menu;
3. The screen will display a message "ARE YOU SURE YOU WANT TO
CLOSE VOTING? NO MORE BALLOTS WILL BE ACCEPTED AFTER
THIS! Select "YESnoption;
4. The PCOS will request for the "PIN" of the poll clerk who will then enter
his "PIN", and press "ENTER". The PCOS will validate the "PIN". The
PCOS will request for the second "PIN" from the third member who will
then enter his "PIN", and press "ENTER". The PCOS will validate the
"PIN" and display a message "PIN ACCEPTED";
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'4-
5. The screen will display a message "POLL IS BEING CLOSED PLEASE
WAIT", followed by another message "VOTING HAS BEEN CLOSED NO
MORE BALLOTS WILL BE ACCEPTED BY THIS PCOS";
v) Thereafter, the PCOS shall automatically count the votes and immediately
display a message "WOULD YOU LIKE TO DIGITALLY SIGN THE
TRANSMISSION FILES WITH A BE1 SIGNATURE KEY?", with a "YES or
NO" option; e
w) Press the "NO" option. The PCOS will display "ARE YOU SURE YOU DO NOT
WANT TO APPLY ANY DIGITAL SIGNATURE?", with a "YES or NO" option;
x) Press the YES option. A message shall be displayed "PREPARING ELECTION
REPORTS. PLEASE WAIT ..." followed by a message "PRINTING 8 COPIES
OF NATIONAL RETURNS PLEASE WAIT1';
y) A message shall be displayed "WOULD YOU LIKE TO PRINT MORE COPIES
OF THE'NATIONAL RETURNS", with "YES and NO" options. Press "NO"
option;
z) ~hereaft'r, the PCOS will display "PRINTINF 8 COPIES OF LOCAL
Rig
RETU S. PLEASE WAIT", and the PCOS automatically prints the 8 copies;
aa) A mesiage shall be displayed "WOULD YOU LIKE TO PRINT MORE
COPIES (3F THE LOCAL RETURNSJ',with "YES and NO" options, Press "NO"
option;
bb) Detach'the Election Returns and place it inside the envelope provided for
the purpose;
cc) A mess!aageshall be displayed " R W Y TO TRANSMIT. PLEASE PLUG IN
TRANSMISSION CABLE TO ELECTRONICALLY TRANSMIT ELECTION
RESULTS AND PRESS OK TO CONTINUE", with "OK and SKIP" options;
Do not p \ ~ transmission
~g cable. Press "SKIP" option;
dd) A message "ARE YOU SURE YOU WISH TO SKIP CONNECTING TO THE
MODEM?", with "YES and NO" options. Press '"YES" option;
ee) The PCOS will display a message "FAILED TO TRANSMIT RESULTS.
TRANSMISSION PROCESS FAILED. PLEASE DISCONNECT
TRANSMISSION CABLE";
ff) This shall be followed by "PRINTING TRANSMISSION REPORT. PLEASE
WAIT".' .::
gg) The PCQS will automatically print the Transmission Report and thereafter
display qmessage "WOULD YOU LIKE TO PRINT MORE COPIES OF THIS
REPORT", with "YES and NO" options. Press "NO" option;
hh) ~ e t a c h t h Transmission
e Report and place it inside the envelope (A17-TS);
ii) The P C ~ will S display the Main Menu;
jj) 'RE-ZERQ the machine counters by pressing the "UTILITIES" in the Main
Menu, and select the "RE-ZERO" option in the next menu.
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The PCOS wil1:Request for the "PIN" of the Poll Clerk who will then enter
his "PIN", and press "ENTER;
I. - Request for the second "PIN" from the Third Member ~ 7 h o
will then enter his "PIN", and press "ENTER";
2. : Validate the "PIN': and display a message "PIN ACCEPTED".
ltl) The chairman shall enter the "RE-ZERO PIN", then press "ENTER;
The PCQS will:
' I. Display "RESULTS HAVE BEEN ZEROED"; and
1 L.6
2. ~ u t o m a t i c a lreturn
l~ to the Main Menu.
Sec. 27. Manual verification of results. - The SBEI shall retrieve the
accomplished valid test ballots from the ballot box, manually count the votes therein,
and accomplish the Election Returns (ER) provided for the purpose. The following rules
shall be observed in the manual counting of votes:
*
a) The Chairman shall verify the ballots to determine whether there is over-
voting. If there is an over-vote in a position, no vote shall be counted in favor
of any candidate for the said position;
b) The Chairman shall talze the ballot one by one, and read the names of
candidates voted for and the offices for which they were voted in the order in
which t h ~ appear
y thereon;
c) The Poll T~lerkshall record on the ER the vote as the names voted for each
office are read. Each vote shall be recorded by a vertical line, except every fifth
vote w h i ~ hshall be recorded by a diagonal line crossing the previous four
vertical lines;
I
d) After finishing the ten (lo) test ballots, the Poll Clerk shall determine the
total number of votes obtained by each candidate;
e) The SBEI shall compare the results of the manually-prepared ER wit11 that
of the machine-generated ER.
1) If the results of both ERs are the same, the certification pol-tion of both
ERs shall be signed by the SBEI and the representatives of the political
parties, candidates or citizens arms present;
2) If the results of both ERs are not the same, the SBEI shall reviewlre-
appreciate the ballots to determine the cause of the discrepancy. If
after re-appreciation, there is still discrepancy, the SBEI shall call on
thk assigned technical support personnel.
f) The SBEr shall immediately submit a report of the testing to the SBRCG; and
Sec. 28. Post testing procedure; Shutting down the PCOS machines. a)
The certified IT-capable SBEI member shall turn off the PCOS by performing the
following:
!
1) Press the SHUT DOWN option in the Main Menu. The PCOS will
display the message ARE YOU CERTAIN YOU WANT TO SHUT
DOWN THIS PCOS? Select YES option. Wait until the light of the
scfeen turns off;
2) Disconnect the battery from the PCOS machine;
3) Disconnect the battery cable from the battery;
4) Disconnect the power cable of the PCOS machine from the electrical
outlet;
5) Disconnect the power cable from the PCOS machine;
6) Place the counted ballots, machine-generated ER together with the
manually-accomplished ER and all reports in an envelope (A17-TS) for
submission to the EO for safekeeping, after the testing and sealing;
!
~4
18
I
b) The SBEI shall:
1. Retrieve the envelope containing the back-up memory card from the
PCOS box;
2. Open the ADMINISTRATOR slot, insert the back-up memory card in
the memory card slot of the PCOS, and seal the slot with serially-
numbered plastic security seal; @
3. Place the PCOS iButton inside the printer compartment of the PCOS,
cover the printer and seal with serially-numbered plastic security seal;
4. Record in the OVF No. 11 the serial numbers of the plastic security
seals used;
1
5. Place the battery and its peripherals inside the battery box;
6. Place inside the PCOS box the following:
i. The PCOS and its power cord;
ij. PINS for the SBEI; I I
b) Leave inside the polling place, properly secured, the PCOS contained in the
sealed bo;k, the battery inside its box, and the sealed ballot box.
Sec. 30. PCOS machines to be opened on April 13, 2013. - The PCOS
machines shall be opened only on April 13, 2013, before the voting starts, and in the
presence of watchers, if any.
;
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19
- - - - - - - - - - - - -
- - - - - - - -
- - -
ARTICLE VIII
CASTING OF VOTES
Sec. 31. Who are allowed to vote. - All overseas voters may vote for
Senators and accredited party/organization or coalition thereof participating under the
party-list system of representation. e
Set. 32. Pe,~iod for casting of votes. - Casting of votes shall be for a period
of thirty (30) calendar days beginning at 8:00 o'clock in the morning of April
13, 2013, local time of the host country until 7:00 o'clock in the evening of
May 13,2013, Philippine time inclusive of all established holidays in the Philippines
and such other holidays in the host countries.
Except on April 13, 2013 where all Posts are required to open at 8:00 o'clock
in the morning, local time of the host country, the Post may adopt a flexible
schedule for the operation of the various SBEIs; provided it is continuous and it will not
be less than eight @)hours a day, taking into account the availability of voters and the
primary responsibilities and functions of the members of the SBEIs.
If at 7:00 o'cloclr in the evening of May 13, 2013, Philippine time, there
are still voters wholhave not yet cast their votes within the thirty (30) meters in front of
the polling place, !the voting shall continue to allow said voters to cast their votes
without interruption. The Poll Clerk shall, without delay, list the names of said voters.
The voters listed sh'all 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 who is not present when called
shall not be permitted to vote at any later time.
Sec. 33. PZace of voting. - Casting of votes shall be done in the designated
voting area within the premises of the Posts and other voting areas as may be authorized
by the omm mission!
a) Bring the! ballot, ballot secrecy folder or marking pen outside of the polling
place; )
b) Speak wikh anyone other than as herein provided while inside the polling
place;
c) Prepare his ballot without using the ballot secrecy folder or exhibit its
contents;
e) Erase any printing from, and put any distinguishing mark on the ballot;
f) 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; 1
g) ~ntentionall~
tear or deface the ballot; and
a) Voters shall vote in the order of their arrival in the polling place;
b) No watcher shall enter the place reserved for the voters and the SBEI, nor
mingle and talk with the voters;
@
c) No person carrying any firearm or any other deadly weapon, except those
expressly authorized by the Commission, shall enter the polling place;
c) No person shall assist an illiterate or PWD voter more than three (3) times
except the inembers of the SBEI. The Third Member shall enter in Part IV of
OW No. 11; the names of the persons each member assisted. At the end of each
voting day, the Third Member shall indicate on Part IV of OVF No. 11 the total
number of Zimes each member of the SBEI assisted an illiterate or physically
disabled voter;
d) The assistor shall accomplish the ballot for the illiterate or PWD using a ballot
secrecy fold&rin the presence of the latter; and
f) The assiitor shall bind himself in writing and under oath, to accomplish the
ballot strictly in accordance with the instructions of the voter and not to reveal
the contebts of the ballot by affixing his signature in the appropriate space in
Part IV of O W No. 11.
Sec. 37. Express lane for PWDs and senior citizens. - PWDs and senior
citizens voting in their respective polling places shall be afforded their right to an
express lane and mhde to vote as soon as they arrive.
Sec. 38. Cfiallengeof illegal voters. - Any voter or watcher may challenge a
voter for:
a) Not beingia registered overseas voter;
In such a case, the SBEI shall satisfy itself as to whether or not the ground for the
challenge is true bylrequiring proof of registration, identity or qualification.
!
b@
Sec. 39. Challenge based on certain illegal acts. - Any voter or watcher
inay challenge any voter on the ground that:
The challenged person shall take an oath before the SBEI that he has not
committed any of the acts alleged in the challenge and accomplish the Oath of Voter
Challenged for Illegal Acts (OVF No. 39). Upon taking suchroath, the challenge shall be
dismissed and the voter shall be allowed to vote. In case the voter refuses t o take such
oath, the challenge shall be sustained and the voter shall not be allowed to vote.
Sec. 40. Record of challenges and oaths. - The Third Member of the SBEI
shall record in Pak VII of O W No. 11 all challenges and oaths taken in connection
therewith and the decision of the SBEI in each case.
3) ~ s i i a~corresponding
n identification number for each SBEI which shall
be indicated on the Ballot Receptacle to be assigned to an SBEI;
4) Place inside the Ballot Receptacle the forms and supplies listed in O W
NO.14;
6) Re'ceive from the SBEIs the Ballot Receptacle after they have checked
the contents therein, together with the corresponding accomplished OVF
NO. 14.
4
22
B. The SBEI shall:
*
1) Remove the contents of the Ballot Receptacle to ascertain if the actual
quantity of ballots received is equal to the number of voters assigned to it
based on the CLOV;
b) If not, refer the matter to the SBRCG wllo shall report to the
cov.
3) Accomplish Part I of O W No. 11;
4) Return the official ballots and other forms and supplies issued inside
the Ballot Receptacle;
5) ~ e h the
l cover of the Ballot Receptacle with a masking tape and affix
their signatures thereon;
6 ) Deliver the sealed Ballot Receptacle together with one copy of O W No.
14 to the SBRCG for safekeeping. The other copy of OVF No. 14 shall be
retained by the SBEI for their file;
6) Seal the cover of the Ballot Receptacle and the Election Materials
box with a masking tape and affix their signatures thereon;
', 7) Deposit the Ballot Receptacle and the,Election Materials box with
SBRCG for safekeeping;
a) Record the names of the watchers present, date and time of arrival, and the
party or'candidate they represent on Part VI of OVF No. 11and require them
to affix their signatures;
b) Ensure that the PCOS box is in the precinct and it has all the election forms,
documents and supplies needed;
h) Retrieve the security PIN from the PCOS box and distribute the same
among themselves. The RE-ZERO Pin shall be retaihed inside the
PCOS box. If there is a need to use the RE-ZERO Pin, inform the
Technical Support Personnel, the reason for the need, and enter such
fact in OVF No. 11;
j) Show to the public that the printer cover of the PCOS and the slots
1abelled'POLLWORKER and ADMINISTRATOR containing the main
memoly card and back-up memory card, respectively, are sealed;
I
I
k) Place the PCOS properly on top of the ballot box;
1) Break the serially-numbered plastic security seal of the printer cover
of the PCOS;
m) Open the printer cover and the Chairman shall take out the iButton
security'ltey;
p) Connect the power adaptor to the PCOS AC power port (PoVAC) and
plug the other end to the electrical outlet. There shall be no passage
way betiveen PCOS and its power outlet. A perimeter must be
maintained on the sides and at the back of the PCOS, if space
permits/is available;
q) Connect the battery to the PCOS DC power port (12 VDC). If there is
no power, press with a ballpoint pen the RESET button located at the
top of the PCOS AC power port;
s) Place the iButton security key on top of the iButton security key
receptacle and apply slight pressure thereon. A message "PLEASE
ENTER SECURITY PIN" will be displayed in the screen;
t) The certified IT-capable member of the BE1 shall ljerform the following
procedures:
1) select "OPEN VOTING" from the Main Menu. The PCOS shall then:
i.1 Aslz for the PIN of the poll clerk who will then enter his PIN, and
press ENTER;
ii. Ask for the second PIN from the third member who will then enter
his PIN, and press ENTER;
I I
4
iii, Display a message "PIN ACCEPTED";
iv.j Display two (2) options: "INITIALIZE VOTE COUNTERS" and
"PREVIOUS SCREEN".
U) Press the "INITIALIZE VOTE COUNTERS" option of the PCOS. The PCOS
shall: .
4) After printing the Initialization Report, the PCOS will display the
message, "WOULD YOU LIKE TO PRINT MORE COPIES OF THE
ZERO TAPE?", with "YES and NO" options. Press "NO". The PCOS will
diiplay the message "PLEASE INSERT BALLOT". Now, the PCOS is
ready to accept ballots.
w) The chairman shall then place the Report inside the envelope (OW No. 18-
A) for submission to the SBRCG after the voting.
I
i
a) The voter approaches the Poll Clerk and gives his name and address together
with other data concerning his person;
1 ,
b) The SBEI or support staff shall verify from the O W No. 2-A if his name is
included thetein;
I) If 6is name is included, the SBEI or support staff shall ascertain the
voter's identity through his photo in OW No. 2-A.
..$/
In the absence of the voter's photo, require the voter to present his valid
passport or any identification card bearing his photograph and signature.
In the absence of ally identification documents, any member of the SBEI
can identify the voter by accomplishing the Oath of an SBEI Member
Identifying a Voter (OW No. 40-B). Such fact shall be entered in Part V of
the O W No. 11 and the accomplished OVF No. 40-B shall be attached
thereto. 4
2) If the identity of the voter has been ascertained or has not been
challenged or having been challenged the question has been decided in his
favor: direct the voter to approach the Chairman for issuance of his official
ballot, require the voter to affix his signature ig OVF No. 2-A.
I
I
C)Before issuing the official ballot and the marking pen, the Chairman shall:
1) Make sure that the ballot corresponds to the main memory card
instaliled in the PCOS.
If the ballot does not correspond to the main memory card, set aside
the ballot to be returned later to the SBRCG, issue another ballot.
Rkcord such fact in OVF No.11.
~ l ) ballot
e that was returned shall be included in the pile of ballots that
bears the same ballot identification as that borne by the ballot that was
returned.
!
2) Authenticate the ballot by affixing his signature at the space provided at
the ufiper front of the ballot;
Failure to authenticate the ballot shall not invalidate the ballot but the
Chairman shall be liable for an election offense;
I
4) InSert the ballot in the ballot secrecy folder in such a manner that its
face Is covered, except the portion where his signature in the ballot
appears, and give the ballot to the voter.
Odly the Chairman shall issue the official ballots, and not more than
olie ballot,shall be issued at one time.
1) Fill his ballot, using a ballot secrecy folder and the marking pen provided by
the COMELEC, by fully shad in^ the oval beside the names of the candidates and
political pa&y participating in the party list system of representation of his
choice;
4- I
2) Approach the PCOS with his accomplished ballot inside the ballot secrecy
folder, and wait until the message "INSERT BALLOT" appears on the screen
before inserting his accomplished ballot in the ballot entry slot;
3) Proceed to the SBEI Chairman to return the ballot secrecy folder and marking
pen when the message "CONGRATULATIONS, YOUR VOTE HAS BEEN
REGISTERED" appears on the screen of the PCOS;
*
b) The Third Member/Support Staff shall:
1. Monitor t h e PCOS screen to make sure that the ballot was successfully
accepted; and
2. Instruct the voter to return the ballot secrecy folder and marking pen to the
Third Mqmber/Support Staff, and then leave the polling place.
i
1 .
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i
Sec. 45. Rejected ballots; Procedure. - Ballots may be rejected by the PCOS
during scanning. There will be three (3) different types of messages when the PCOS
rejects a ballot. ~or'eachmessage, the SBEI shall observe the following procedures:
a) "AMBIGUOUS MARK"
Let the voter review his ballot and ensure that the ovals opposite the
names of the candidatelparty voted for are fully shaded.
I
b) "MISREAD BALLOT"
Let the voter re-feed the ballot in four (4) different orientations.
C)"INVALIS BALLOT"
2) If the ballot corresponds to the main memory card, let the voter re-feed
the ballot in four (4) orientations.
?
d)'In all cases, if the PCOS rejects a ballot, the voter shall return the ballot to the
Chairman who shall:
cl S ~ l e rSTATUS
t REPORT:
g) The SBEI shall detach the STATUS REPORT, affix their signatures on the
spaces provihed thereon. The watchers shall likewise affix their signatures on the
corresponding spaces provided;
I
h) The SBEI shall place the STATUS REPORT inside the envelope intended for
the purpose;
I
i) The ~ ~ 0 ~ i s hthen
a l lindicate a message saying "PLEASE INSERT BALLOTJ';
j) The ~ h a i r h a nshall place the iButton security key on top of the iButton security
lzey receptacle and apply slight pressure thereon until the message "SECURITY
KEY VERIFIED" appears on the PCOS screen;
I .
lz) The P C O will
~ next display the Main Menu;
i
1) Select "SHUT DOWN" option;
m) The PCO'S will display a message "ARE YOU CERTAJN YOU WANT TO SHUT
DOWN THIS PCOS?";
n) Select "YESJJ;
p) Wait until the light of the screen turns off. The PCOS will automatically shut
down; i
q) isc connect the power adaptor to the PCOS AC power port (20 VAC);
r) Disconnect the battery from the PCOS;
s) Break the seal of the main memory card slot and remove the main memory
card and labkl it as ''I" . Label the next used main memory card as "a" and so on;
't) Remove the PCOS from the ballot box and place it in its box;
U) Seal the sliding cover of the ballot box with a plastic seal. Seal the cover of the
ballot box with packaging tape by wrapping around the cover and extending it to
the upper part of the ballot box, then affix their signatures therein and require
the watchers present to also affix their;
4) Place the used main memory card, iButton and PINs in the
corresponding resealable plastic bag;
5) ~ e p i e v the
e resealable plastic bag containing a new main memory card
corresponding to the new set of ballots;
6) Retrieve the new main memory card, iButton and PINS from the
resealable plastic bag;
7) Return the resealable plastic bag into the Election Materials box; and
I
8) Seal the Election Materials box with a packaging tape and affix their
signatures thereon;
The Third Member shall remain in the polling place to secure the PCOS machine.
3) Get four (4) new serially-numbered seal for the ballot box;
4) Get one (1) new serially-numbered plastic security seal for the main
memory card compartment;
8) Seal the cover of the Ballot Receptacle again with a packaging tape and
affix their signatures thereon; e
g) ~ k ~ o sthe
i t Ballot Receptacle and the Election Materials box with
SBRCG for safekeeping;
3) Sed the sides of the ballot box with serially numbered plastic seals;
!
4) Enter in Part V of OVF No. 11 the fact that the ballot box was shown to
the public with its seal intact;
5) Retrieve the PCOS from its box, place it on top of the new ballot box;
!
6) Show that the plastic security seal of the back-up memory card slot of
the PCOS is intact;
7) Record in OVF No. I i the Ballot ID assigned to the new main memory
card;
>
8) Open "POLL WORKER" compartment and insert the main memory
card ih the corresponding slot;
11) open the printer cover and verify if there is still sufficient roll of paper
installed in the printer;
d) Tht PCOS will aslz for the number of copies to print. Press "1".
I
e) The PCOS will aslz "WOULD YOU LIKE TO PRINT MORE COPIES OF
THIS!REPORT?" with "YESJ'and "NO" options. Press "NO";
i
f) ~et!achthe Status Report;
g) Count the number of unused ballots and record the same in Part II.D.6
of OVF No. i l ;
a) Thk Chairman shall place the iButton security l e y on top of the iButton
security lzey receptacle and apply slight pressure thereon until the message
"SECURITY ICEY VERIFIED" appears on the PCOS screen. The PCOS will
next display the Main Menu;
Befort shutting down the PCOS, accomplish Part 1I.B and record in Part
II.D.4 of O W No. 11, the number of ballots cast as shown on the screen of
the PCOS;
I
c) The PCOS will 1display a message "ARE YOU CERTAIN YOU WANT TO
SHUT DOWN THIS PCOS?"
1
d) ~ e f e c'YES";
t
f) Wijt until the light of the screen turns off. The PCOS will automatically
shut down.
g) Disconnect the power adaptor to the PCOS AC power port (20 VAC);
The PCOS and ballot box shall remain inside the polling place properly
securkd, for use in the succeeding days until May 13,2013.
cf. 32
3) Through the Chairman, collect the PINs from the SBEI members;
4) Together ivith the watchers present, sign on the corresponding portions of the
Status Report and place it inside the envelope (OVF 18-A);
b) PINs; and
I
c) Marlzing pens
The SBEI shall ensure that the iButton and the PINs are placed inside its
corresponding resealable plastic bag before returning the same into the
Electibn Materials box.
8) Retrieve from the SBRCG the Ballot Receptacle, remove the tape, and place
therein the following:
I
10) Submit the sealed Election Materials box and Ballot Receptacle and OW No.
2-A to the SBRCG for safekeeping; and
11) Require the SBRCG to aclrnowledge receipt using the logbook maintained for
the purpose.'
1) Ensure thit the Election Materials box, Ballot Receptacles are properly sealed;
and
2) Keep the Ballot Receptacles in a secured place for issuance the next day.
See. 48. Procedures at the start of euemj voting day afier April 13,2013.
- Before the start of every voting day, the SBEI and SBRCG shall observe the following
procedures:
I
4
1) Retrieve the Ballot Receptacle, break its seal and get the number of ballots to
be used for the day from the ballot package corresponding to the ballot ID
number and the envelopes containing the O W No. 11;
2) Record in Part II.C.1 of OVF No. 11 the number of bfficial ballots to be used for
the day;
4) Return inside the Ballot Receptacle the remaining offidal ballots, forms and
supplies;
5) Retrieve OWNo. 2-A;
6) Seal the cover of the Ballot Receptacle with a packaging tape and affix their
signatures thereon;
8) Require the SBRCG to acknowledge receipt of the, Ballot ,Receptacle using the
logbook maintained for the purpose;
1
g) Retrieve the Election Materials box and get from the box the following:
2) Ensure that it has all the election forms, documents and supplies needed;
3) Without opening the ballot box, show that there are ballots inside the ballot
box, as the case may be;
4) Enter in Part V of the O W No. 11 the fact that the PCOS box and ballot box
were shown to the public;
8) Wait until the PCOS displays the message "BE1 AUTHENTICATION PLEASE
INSERT SECURITY KEY FOR AUTHENTICATION";
I
! 9
9 ) The Chairman shall place the iButton security ltey on top of the iButton
security ltey receptacle and apply slight pressure thereon until the message "BE1
SECURITY KEY VERIFIED" appears on the PCOS screen. Wait until the "MAIN
MENU is displayed;
The iButton shall be in custody of the Chairman until the end of voting.
13) The PCOS shall validate the PIN and display a message "PIN ACCEPTEDJ';
15) The Third Member shall then enter his PIN and press "ENTER;
16) The PCOS shall validate the PIN and display a message "PIN ACCEPTED";
18) Press the "RESUME" option in the Main Menu. The PCOS shall:
i) Automatically print the Status Report showing the number of voters who
actually voted and the number of valid ballots counted;
ii) After printing the Status Report, the PCOS will display the message,
'W0ULD:YOU LIKE TO PRINT MORE COPIES OF THIS REPORT?" with a
"YES" and "NO" options. Press "NO". The PCOS will display the message
"PLEASE INSERT BALLOT". Now, the PCOS is ready to accept ballots.
ig) Detach 'the Status Report, affix their signatures thereon including the
watchers present;
20) Compare the number of valid ballots cast in the Status Report with that as
recorded in OVF No. 11;
21) Place t h Status Report inside the envelope (18-A) for submission to the
SBRCG after each voting day for its safekeeping; and
I
23) Voting shall commence and continue for eight (8) hours.
See. 49. Hocedure on the last votingday. - The SBEI shall retrieve its
Ballot Receptacle and Election Materials box from the SBRCG and bring the same to the
polling place and conduct the voting until 7:00 o'clock in the evening, Philippine time.
At the end of voting at 7:00 o'clock in the evening on May 13,2013, the SBEI shall:
1) ~ h Chairman
6 shall place the iButton security key on top of the iButton
security key receptacle and apply slight pressure thereon until the message
"SECURITY KEY VEFUFIED" appears on the PCOS screen. Wait until the
"MAIN MENU" is displayed;
4
2) Select PRINT REPORTS;
4) he PCOS will ask for the number of copies to print. Press "I".
5) The PCOS shall print the STATUS REPORT.
*
6) The PCOS will ask "WOULD YOU LIKE TO PRINT MORE COPIES OF
THIS.REPORT?"with 'YES' and "NO" options. Press "NO";
7) Detach the Status Report;
8) Count the number of unused ballots and record the same in Part II.D.6
of O W No. 11;
I) The Chairman shall place the iButton security key on top of the iButto11
security key receptacle and apply slight pressure thereon until the message
"BE1 SECURITY KEY VERIFIED" appears on the PCOS screen. The PCOS
will nkxt display the Main Menu;
I
Before shutting down .the PCOS, accomplish Part 1I.B and record in
Part II.D.4 of O W No. 11, the number of votes cast as shown on the
scieen of the PCOS;
3) The PCOS will display a message "ARE YOU CERTAIN YOU WANT TO
SHUT DOWN THIS PCOS?"
4) ~ e f k c"YES";
t
6) Wait until the light of the screen turns off. The PCOS will automatically
shut down;
7) is connect the power adaptor to the PCOS AC power port (20 VAC) and
unplug the power cord;
8) ~ i i e o n n e cthe
t battery from the PCOS;
d) Break the seal of the "POLL WORKER" compai-tment and remove the main
memory card;
,I
e) The SBEI! and the watchers shall sign on the corresponding portions of the
STATUS REPORT;
f) Record in OVF No. 11the main memory card number and the number of valid
ballots counted, as indicated in the Status Report;
4-
36
g) Place the O W No. 11 in its corresponding envelope;
2) iButton;
3) PINs;
4) Marlzing pens;
The ~ B E shall
I ensure that the main memory card, iButton and the PINs
are inside the original resealable plastic bag before returning the same into
the Election Materials box.
10 Close voting
i
I) Open the "POLL WORKER" compartment of the PCOS and insert the
main hemory card in the corresponding slot, and close the same;
2) Retribe the corresponding iButton and PINs from the resealable plastic
bag;
t
3) Connect the power adaptor to the PCOS AC power port (20 VAC) and plug
it intb the electrical outlet;
6) The chairman shall place the iButton security key on top of the iButton
security key receptacle and apply slight pressure thereon. Remove the
iButton security key from its receptacle, after which the PCOS will display
the Main Menu;
8) The screen will display a message "ARE YOU SURE YOU WANT TO
CLOSE VOTING? NO MORE BALLOTS WILL BE ACCEPTED AFTER
THIS:" Select "YES" option; '
10) The poll Clerk shall then enter his PIN and press "ENTER";
37
.......................
11) The PCOS shall validate the PIN and display a message "PIN ACCEPTED";
13) The fhird Member shall then enter his PIN and press "ENTER";
14) The PCOS shall validate the PIN and display a messake "PIN ACCEPTED";
15) The screen will display a message "POLL IS BEING CLOSED PLEASE
WAIT" followed by another message "VOTING HAS BEEN CLOSED NO
MORE BALLOTS WILL BE ACCEPTED BY THIS PCOS";
16) Thereafter, the PCOS shall automatically count the votes and immediately
display a message "WOULD YOU LIKE TO DIGITALLY SIGN THE
TRA$ISMISSION FILES WITH A BE1 SIGNATURE KEY?", with a "YES"
or "NO" option;
I
,
17) pressithe "NO" option;
18) The PCOS will display "ARE YOU SURE YOU DO NOT WANT TO APPLY
ANY DIGITAL SIGNATURE?", with a "YES" or "NO" option;
24) The SBEI shall affix their signatures and thumbmarks and ask the
watchers present to also affix their signatures on the printed ERs;
25) Place ;each copy of ER in its corresponding envelope and seal with a paper
seal; :
26) The chairman of the SBEI shall publicly announce the total number of
votes received by each candidate, stating their corresponding offices;
,28) After ;forty-eight (48) hours following the posting, the chairman of the
SBEI shall detach the posted printed copy on the wall and keep the same
in his custody to be produced as may be requested by any voter for image
/?j-
38
or data capturing or for any lawful purpose as may be ordered by
competent authority;
The PCOS will display a message "READY TO TRANSMIT. PLEASE PLUG
IN TRANSMISSION CABLE TO ELECTRONICALLY TRANSMIT
ELECTION REPORTS A$?D PRESS OK TO CONTINUE" with "OR' and
"SKIP" options. Press "SKIP"; q
The PCOS will display 'ARE YOU SURE YOU WISH TO SKIP
CONNECTION TO THE MODEM" with "YES" and "NO" options. Press
"YES".
PC09 will display message "FAILED TO TRANSMIT RESULTS " followed
by "PRINTING TRANSMISSION REPORT PLEASE WAIT". PCOS
automatically prints Transmission Report.
After !printing the Transmission Report, PCOS will display ' WOULD YOU
LIKE~TOPRINT MORE COPIES OF THIS REPORT" hith "YES" and "NO"
optiohs. Press "NO". PCOS will display MAIN MENU.
From the MAIN MENU, Select PRINT REPORTS option, then select
ELECTION RETURNS NATIONAL.
The PCOS will display "PLEASE ENTER THE NUMBER OF COPIES TO
PRIN;T", with a numeric keypad;
~ r e s s l t h edesired number of copies (For ERs, press 22, for statistics report
and audit log, press 1);
~ e ~ l dthermal
ce printer paper roll and press "OK" button;
Select PRINT;
The PCOS shall display the message "PRINTING AUDIT LOG REPORT
PLEASE WAIT" followed by the message "WOULD YOU LIKE TO PRINT
MORE COPIES OF THIS REPORT?" with a "YES" and "NO" option.
~ e t a c the
h printed Audit Log Report and press "NO" option;
ii) The PCOS will display a message "ARE YOU SURE YOU WANT TO
BACK-UP DATA AND WRITE PROTECT BACK-UP CARD" with "YES"
and "NOJ'options. Select "YES" option;
m) The PCOS will display a message "ARE YOU CERTAIN YOU WANT TO
SHUT DOWN THIS PCOS?";
n) Select "YESJ'.The PCOS will display a message "SHUTTING DOWN";
o) Wait until the light of the screen turns off. The PCOS will automatically shut
down;
p) Disconnect the power adaptor to the PCOS AC power port (20 VAC);
r) Remove. the main and backup memory cards from their respective
compartments;
s) Place the main memory card in its corresponding envelope. The envelope shall
be submitted to the SBOC;
u) Return the backup memory card into its original resealable plastic bag;
v) Collect the PINs from the SBEI members and return to its original resealable
plastic bag.
w) Retrieve the Election Materials box the resealable plastic bag for next main
and backup memory cards, iButtons and PINs;
i
x) Open both memory card compartments, and insert the main and backup
memory cards in their corresponding compartments and slots.
.z) Memory cards which have not been used for voting shall have to undergo
OPEN VOTING procedure before they can undergo CLOSE VOTING
procedure.
Unless otherwise ordered by the Commission, the SBEI shall not stop or
postpone the counting until it has been completed;
In case a PCOS fails to count the vote or print the results, the IT capable
SBEI member shall announce the error and undertake the necessary
corrective measures. Should the IT capable SBEI member is unable to
correct the error, he shall call on the Technical Suppurt personnel assigned
to the Voting Center for assistance. Such fact shall be noted in the OAV
No. 11.
ARTICLE IX
' POST-COUNTING PROCEDURES
a) Press the' "SHUT DOWN" option. The PCOS will display the message "ARE
YOU C E R T ~ N YOU WANT TO SHUT DOWN THE PCOS?";
b) Select "YESJ'option. Wait until the light of the screen turns off;
e) Disconnect the power cable of the PCOS machine from the electrical outlet;
!
f) Disconnect the power cable from the PCOS machine;
h) Place the PCOS machine and its power cable inside the PCOS box;
i) Place the tjattery and its power cable inside the battery box;
j) Turn over'the PCOS box, battery box, Election Materials box, Ballot Receptacle
and ballot box to the SBRCG.
a) Remove the tape of the Ballot Receptacle and withdraw therefrom the unused
ballots;
1
b) Accomplish Part I11 of OVF No. 11;
i
c) Tear the unused ballots in half lengthwise and accomplish Part 1II.C of the
OVF No. 11; i
d) Place one'half in the envelope (OVF No. 16), for submission to the SBRCG for
safe1teeping;tand
' e) Place the other half in another envelope ( O wNo. 161, for deposit inside the
ballot box. 1
.........................
b$' : 41
Set. 52. ~bcurnents/election f o m to be deposited inside the ballot
box. -After the printing of election returns and transmitting the results, the SBEI shall:
a) Deposit inside the ballot box, the sealed envelopes containing the:
b) Close thd ballot box; seal the cover with four (4) serially numbered plastic
security seal; and
I
c) Close ballot box slit using its sliding cover, seal, it with serially numbered
plastic security seal and record the serial number in Part I11 of OVF No. 11.
b) ~ n v e l o (~ ~e 1 ~containing
) the other half of torn uilused official ballots;
c) List of ~ o i e r allowed
s to vote, if any, after 7:00 o'clock in the evening of May
13, 2013; 1 f
d) ~ n v e l o ~ e c o n t a i n the
i n ~Back-up Memory card, Initialization Report, Precinct
Audit Log Report and Precinct Statistics Report;
e) Other copies of the election returns which are not claimed by the
representative of the parties concerned; and
Sec. 54. ~ i s ~ o s i t i of
o nballot boxes, kegs, election returns and other
docurnens. - The SBEI, accompanied by the watchers if any, shall submit to the
SBRCG the following:
a)'Ballot box;
\
In case the cover of the ballot box delivered by the SBEI is not sealed, the
SBRCG shall seal the same. The SBRCG shall include such fact, including the
serial number of the serially numbered plastic security seal used in sealing the
ballot bot slit, in their report to the Commission.
b) OVF NO.?-A;
d) The envelopes containing copies of the election returns intended for the
Commission: and
e) Envelopes containing the main memory cards.
Thereafter, the SBEI shall require the SBRCG to acknowledge receipt
using the logbook maintained for the purpose. The SBRCG, in turn shall:
a) Ensure that the ballot boxes are properly sealed and the Ballot Receptacles are
likewise properly sealed; and e
b) Keep the ballot boxes and Ballot Receptacles in a secured place for safekeeping
until further instructions from the Commission.
Sec. 55. Distribution of Election Returns. - After the printing of the
election returns, tlie SBEI shall individually fold the first eight (8) copies of election
returns, seal each of them with serially numbered paper seals, place in the envelope
(A17), and seal the tnvelopes, for distribution to the following:
?
f ) Ballot box:
g) Ten (lo) kccredited major national parties, excluding the dominant majority
and minority parties, in accordance with a voluntary agreement among them. If
no such agreement is reached, the Commission shall decide which parties shall
receive the copies on the basis of the criteria provided in Section 26 of Republic
Act No. 7166';
k) Four (4) major citizens arms, including the accredited citizens arm, and other
non-partisan groups or organizations enlisted by the Commission pursuant to
.Section 52(k) of Batas Pambansa Blg. 881. Such citizens' arms, groups and
organizations may use the four certified copies of election returns for the conduct
of citizens' quick counts at the local or national levels; and
1 'I!]
43
1) One (I) to be posted conspicuously on a wall within the premises of the polling
place or counting center.
Sec. 56. Preservation of the list of voters. - The SBRCG shall lzeep the
OVF Nos. 2 and 2-A in a safe place until such time that the Commission gives
instructions on their disposition. *
In no instance shall the ballot box be reopened to place therein or to take out
there from any document or article except in proper cases andtwith prior written
authority of the Commission to retrieve copies of the election returns which may be used
in a canvass as authorized by the Commission. In such instance, the members of the
SBEI and the watchers shall be notified of the time and place of the opening of said
ballot box. However, if there are other authentic copies of the election returns outside of
the ballot box, such copies of the election returns shall be used in said canvass and the
opening of the ballot box to retrieve copies of the election returns placed therein shall
then be dispensed with.
ARTICLE X
VOTING BY SEAFARERS
Sec. 59. Procedures. - The following voting procedures for seafarers shall be
obse~ved:
i
1) Durin'g the voting period, seafarers may vote at any Post adopting
automated voting;
2) The Post shall assign a specific SBEI to conduct the voting for seafarers in
addition to its regular land-based voters. For this purpose, said SBEI shall
manage two (2) OVF No. 2B;
3) COV shall give each Post a soft copy of the CLOV and OVF No. 2A for
seafarers;
4.1) Prepare a list of the names of the seafarers who cast their votes;
and
6) The Posts upon receipt of the updates from the COV, indicate opposite the
names of the seafarers in the O W No. 2A the date and place where he
voted.
ARTICLE XI:
ELECTION OFFENSES/PROHIBITED ACTS
Sec. 60. Election Offenses/Prohibited acts. -
4) Wagering upon result of election. - Any person who bets or wagers upon the
outcome of, lor any contingency connected with an election. Any money or thing
of value or deposit of money or thing of value situated anywhere in the
Philippines but as such bet or wager shall be forfeited to the government.
12) Undue inyuence. - It is unlawful for any person to promise any office or
employment, public or private, or to malze or offer to make an expenditure,
directly or indirectly, or to cause an expenditure to be made to any person,
.association, corporation or entity, which may induce anyone or the public in
general either to vote or withhold his vote, or to vote for or against any candidate
in any election or any aspirant for the nomination or selection of an official
v d
46
!
candidate in a convention of a political party. It is likewise unlawful for any
person, association, corporation or community, to solicit or receive, directly or
indirectly, ahy expenditure or promise or any office, or employment, public or
private, for any of the foregoing considerations.
13) Unlawfill electioneering. - It is unlawful to solicit votes or undertake any
propaganda on the day of registration before the board of election inspectors and
on the day of election, for or against any candidate or any political party within
the polling place and with a radius of thirty meters thereof.
14) Prohibition against dismissal of employees, laborers, or tenants. - No
en~ployeeor laborer shall be dismissed, nor a tenant be ejected from his
landholdings for refusing or failing to vote for any candidate of his employer or
landowner. Any employee, laborer or tenant so dismissed or ejected shall be
reinstated ahd the salary or wage of the employee or laborer, or the share of the
harvest of tlie tenant, shall be restored to the aggrieved party upon application to
the proper court.
8
I
I
15)Appointment or use of special policemen, special agents, confidential agents
or the like. JDuring the campaign period, on the day before and on election day,
any appointing authority who appoints or any person who utilizes the services of
special policemen, special agents, confidential agents or persons performing
similar fundtions; persons previously appointed as special policemen, special
agents, confidential agents or persons performing similar functiolts who continue
acting as suCh, and those who fail to turn over their firearms, uniforms, insignias
and other badges of authority to the proper officer who issued the same.
16) Illegal $elease of prisoners before and ajler election. - The Director of the
Bureau of ~ i i s o n sany
, provincial warden, the keeper of the jail or the person or
persons reqtiired by law to keep prisoners in their custody who illegally orders or
allows any J$isoner detained in the national penitentiary, or the provincial, city
or municipal jail to leave the premises thereof sixty days before and thirty days
after the election. The municipal or city warden, the provincial warden, the
keeper of th'e jail or the person or persons required by law to keep prisoners in
their custody shall post in three conspicuous public places a list of the prisoners
or detentionnprisoners under their case. Detention prisoners must be categorized
as such.
21) Wearing of uniforms and bearing arms. - During the campaign period, on
the day before and on election day, any member of security or police organization
of government agencies, commissions, councils, bureaus, offices, or government-
owned or dontrolled corporations, or privately-owned or operated security,
investigative, protective or intelligence agencies, who wears his uniform or uses
his insignia,;decorations or regalia, or bears arms outside the immediate vicinity
of his place'of work: Provided, That this prohibition shall not apply when said
member is in pursuit of a person who has committed or is committing a crime in
the premise$ he is guarding; or when escorting or providing security for the
transport of payrolls, deposits, or other valuables; or when guarding the
residence oflprivate persons or when guarding private residences, buildings or
offices: Provided, further, That in the last case prior written approval of the
Commission'shall be obtained. The Commission shall decide all applications for
authority untler this paragraph within fifteen days from the date of the filing of
such application.
During the kame period, and ending thirty days thereafter any member of the
Armed Forces of the Philippines, special forces, home defense forces, barangay
self-defense units and all other para-military units that now exist or which may
hereafter be,organized who wears his uniform or bears arms outside the camp,
garrison or Barracks to which he is assigned or detailed or outside their homes, in
case of members of para-military units, unless I) the President of the Philippines
shall have given previous authority therefor, and the Commission notified thereof
j11 writing, ot 2) the Commission authorizes him to do so, which authority it shall
give only when necessary to assist it in maintaining free, orderly and honest
.elections, and only after notice and hearing. All personnel of the Armed Forces
authorized l5y the President or the Commission to bear arms or wear their
uniforms outside their camps and all police and peace officers shall bear their
48
..........................
true name, rank and serial number, if any, stitched in block letters on a white
background on the left breast of their uniform, in letters and numbers of a clearly
legible design at least two centimeters tall, which shall at all times remain visible
a i d uncovered.
During the election period, whenever the Commission finds it necessary for the
promotion of free, orderly, honest and peaceful elections in a specific area, it shall
confiscate or order the confiscation of firearms of any meml5er or members of the
Armed Forces of the Philippines, police forces, home defense forces, barangay
self-defense units, and all other para-military units that now exist, or which may
hereafter be organized, or any member or members of the security or police
organization, government ministries, commissions, councils, bureaus, offices,
instrumentalities, or government-owned or controlled corporations and other
subsidiaries, or of any member or members of privately owned or operated
security, investigative, protective or intelligence agencies performing identical or
similar functions.
c) Any person who, not being illiterate or physically disabled, allows his
ball06 to be prepared by another or any person who prepares the ballot of
anotHer who is not illiterate or physically disabled, (with or without the
latterfsknowledge and/or consent.
d) Any person who avails himself of any means of scheme to discover the
contents of the ballot of a voter who is preparing or casting his vote or who
has just voted.
e) Any voter who, in the course of voting, uses a ballot other than the one
given by the board of election inspectors or has in his possession more
than one official ballot.
f) Any person who places under arrest or detains a voter without lawful
cause' or molests him in such a manner as to obstruct or prevent him from
1 the polling place to cast his vote or from returning home after
going.to
casting his vote, or to compel him to reveal how he voted.
g) An$ member of the board of election inspectors charged with the duty of
reading the ballot during the counting of votes who deliberately omits to
read the vote duly written on the ballot, or misreads the vote actually
writteh thereon or reads the name of a candidate where no name is written
on the ballot.
h) Any member of the board of election inspectors charged with the duty
of tallying the votes in the tally board or sheet, election returns or other
prescribed form who deliberately fails to record a vote therein or records
erroneously the votes as read, or records a vote where no such vote has
been read by the chairman.
i) ~ n member
$ of a board of election inspectors who has made possible the
casting of more votes than there are registered voters.
j) ~ n person
3 who, for the purpose of disrupting or obstructing the
election process or causing confusion among the voters, propagates false
and alarming reports or information or transmits or circulates false
orderi, directives or messages regarding any matter relating to the
printing of official ballots, thegostponement of the election, the transfer of
polling place or the general conduct of the election.
q) Arjy person who, without authority, prints or causes the printing of any
ballot or election returns that appears as official ballots or election returns
or who distributes or causes the same to be distributed for use in the
electibn, whether or not they are actually used.
I
r) Any person who, without authority, lzeeps, uses or carries out or causes
to bejltept, used or carried out, any official ballot or election returns or
printed proof thereof, type-form mould, electro-type printing plates and
any other plate, numbering machines and other printing paraphernalia
being! used in connection with the printing of official ballots or election
returhs.
t) Any person who, through any act, means or device, violates the integrity
of an3 official ballot or election returns before or after they are used in the
electibn.
u) Ar;y person who removes, tears, defaces or destroys any certified list of
candiilates posted inside the voting booths during the hours of voting.
v) Any person who holds or causes the holding of an election on any other
day than that fixed by law or by the Commission, or stops any election
being'legally held.
w) Any person who deliberately blurs his fingerprint in the voting record.
28) On Canvassing:
a) Any chairman of the board of canvassers who fails to give due notice of
the date, time and place of the meeting of said board to the candidates,
political parties and/or members of the board.
b) Any member of the board of canvassers who proceeds with the canvass
of the votes and/or proclamation of any candidate which was suspended or
annuned by the Commission. *
C)Any member of the board of canvassers who proceeds with the canvass
of votes and/or proclamation of any candidate in the absence of quorum,
or without giving due notice of the date, time and place of the meeting of
the board to the candidates, political parties, and/or other members of the
board.
d) Any person who, in the presence or within the hearing of any board of
electidn inspectors or board of canvassers during any of its meetings,
conddcts himself in such a disorderly manner as to interrupt or disrupt the
work br proceedings to the end of preventing said body from performing
its furictions, either partly or totally.
e) Any public official or person acting in his behalf who relieves any
member of any board of election inspectors or board of canvassers or who
changes or causes the change of the assignments of any member of said
board: of election inspectors or board of canvassers without authority of
the Cdmmission.
f ) An3 person who solicits votes or undertakes any propaganda, on the day
of election, for or against any candidate or any political party within the
polling place or within a radius of thirty meters thereof.
i I
31) Other prohibitions:
b) Any person who opens in any polling place or within a radius of thirty
meters thereof on election day and during the counting of votes, booths or
stalls !of any kind for the sale, dispensing or display of wares, merchandise
or refteshments, whether solid or liquid, or for any other purposes.
i
C)Any person who holds on election day, fairs, cockfights, boxing, horse
races,iljai-alaior any other similar sports.
3) For any person to tamper with the ballot, the mail containing the ballots
for overseas absentee voters, the Overseas Absentee Voting Election
~ e t u r n sincluding
, the destruction, mutilation and manipulation thereof.
4) F ~ any
C person to steal, destroy, conceal, mutilate or alter any record,
document or paper as required for purposes of the Overseas Absentee
voting Act of 2003.
5) For any person who, being ineligible for appointment as member of the
SBRCG, accepts an appointment to said Group, assumes office, and
actually serves as member thereof, or any public officer or any person
acting in his behalf who appoints such ineligible person knowing him to be
ineligible.
8) Fo'r any public officer or employee who shall cause the preparation,
printing, distribution of information materials, or post the same .in
websikes without prior approval of the Commission.
lo) For any person who, after being deputized by the Commission to
undefake activities in connection with the implementation of the
Overseas Absentee Voting Act of 2003, shall campaign for or assist, in
whatever manner, candidates in the election;
11) FOPany person who is not a citizen of the Philippines to participate, by
w o r d or deed, directly or indirectly through qualified
organ'izations/associations, in any manner and at any stage of the
Philippine political process abroad, including participation in the
campaign and elections.
~d
The provision of existing laws to the contrary notwithstanding, and with
due regard to the Principle of Double Criminality, the prohibited acts above are
electoral offenses and punishable in the Philippines
C. Under R.A. No. 9369, An Act Amending R.A. 8436, Authorizing the Commission
on Elections to use Automated Election System:
I) Any person who removes the certificate of canvass postedron the wall, whether
within or after the prescribed forty-eight (48) hours of posting, or defaces the
same in any.manner;
2) Any person who simulates an actual certificate of canvass or statement of
votes, or a pfint or digital copy thereof;
4) The Chairman or any member of the Board of cpnvassers who, during the
prescribed period of posting, removes the certificate of canvass or its supporting
statement of votes from the wall on which they have been posted other than for
the purpose bf immediately transferring them to a more suitable place;
8) The act ok offense committed in any of the following instances shall fall under
the categoryof electoral sabotage:
!
a) When the tampering, increase and/or decrease of votes perpetrated or
the re'fusal to credit the correct votes or to deduct tampered votes, islare
committed in the election of a national elective office which is voted upon
nationwide and the tampering, increase and/or decrease votes, refusal to
credir the correct votes or to deduct tampered votes, shall adversely affect
the results of the election to the said national office to the extent that
losing candidatels islare made to appear the winner/s;
C) ~ n and
) all other forms or tampering increasels and/or decreasels of
votes perpetuated or in cases of refusal to credit the correct votes or deduct
,T
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1
the tampered votes, where the total votes involved exceed ten thousand
(10,ooo) votes.
Any and all other persons or individuals determined to be in conspiracy or in
connivance with the members of the SBEIs or SBOCs involved, shall be meted the same
penalty of life imprisonment.
Sec. 61. Penalties. - Any person found guilty of committing any of the
prohibited acts enumerated in the immediately preceding article,*except as otherwise
provided herein, shall be punished wit11 imprisonment of not less than one (1) year but
not more than six (6) years and shall not be subject to probation. In addition, the guilty
party shall be sentenced to suffer disqualification to hold public office and deprivation of
the right of suffrage.
i
The pena1ty:of prision mayor in its minimum period shall be imposed upon any
person found guilq of tampering with the ballot, the mail containing the ballots for
overseas absentee $oters, the Overseas Absentee Voting Election Returns, including the
destruction, mutilation and manipulation thereof, without the benefit of the operation
of the ~ndeterminateSentence Law. If the offender is a publi officer or a candidate, the
d
penalty shall be prision mayor in its maximum period. In ad ition, the offender shall be
sentenced to suffer perpetual disqualification to hold public office and deprivation of
his/her right to votb.
The penalty'of imprisonment of not less than one year shall be imposed on any
immigrant and perhanent resident who does not resume residence in the Philippines as
stipulated in hisjlier affidavit within three (3) years after the approval of hisjher
registration under the Overseas Absentee Voting Act of 2003 and yet vote in the next
elections. In addition to the removal of hisjher name from the National Registry of
Absentee Voters, hejshe shall be permanently disqualified to vote in absentia and
hisjher passport shall be stamped "not allowed to vote".
i
When the tampering, increase or decrease of votes or the refusal to credit the
correct votes andJbr to deduct tampered votes are perpetrated on a large scale or in
substantial numbefs, the same shall be considered, not as an ordinary election offense
under Section 261 and/or 262 of the Omnibus Election Code, but a special election
offense to be ltnown as electoral sabotage and the penalty to be imposed shall be life
imprisonment. 1
ARTICLE XI1
ROLE OF GOVERNMENTAGENCIES
Eeso 9658
Sec. 67. E'ectivity. - This General Instructions shall take effect on the
seventh (7th) day after its publication in two (2) daily newspapers of general circulation
in the Philippines. 1
i
Sec. 68. dblication and Dissemination. - The Education and Information
Department shall cause the publication of this Resolution in two (2) daily newspapers of
general circulation in the Philippines and furnish a copy to the Department of Foreign
Affairs, ~ e ~ a r t m e rof
i t Labor and Employment, Department of Transportation and
Communications, Philippine Postal Corporation, Philippine Overseas Employment
Administration, Overseas Worker's Welfare Administration, Commission on Overseas
Filipinos, the Foreikn Service Institute, and other government agencies concerned with
the welfare of Filipinos overseas.
Commissioner Commissioner