AES Handbook

8/13/2019 AES Handbook

1/125

UNIVERSITY OF THE PHILIPPINES LAW CENTER

INSTITUTE OF GOVERNMENT AND LAW REFORM (IGLR)

Copyright 2010. All rights reserved.


2/125

Preface

The Philippines is about to face a litmus test at it embarks on the first nationwide automated elections

in May 2010, and the whole world is watching. Thus, initiatives geared at enhancing the transparencyand credibility of the electoral process become more critical than ever.

Safeguarding the integrity of elections is the duty not only of the government but also of every single

Filipino citizen. Knowledge is key to a pro-active, informed, and effective citizen-driven monitoring

effort.

With these in mind, the University of the Philippines Institute of Government and Law Reform (IGLR)

worked on the project to develop a Handbook on Automated Elections, Canvassing, and General

Election Monitoring. The project seeks to cement a solid understanding of election rules and

regulations, particularly those covering automated elections.

The Handbook is written in question-and-answer form, for easy reference and understanding. It is

expected to be a useful tool for the voting public as well as teachers, lawyers, and volunteers who will

be playing a key role in the 2010 elections either as election inspectors, canvassers, watchers, or

independent monitors.

The Handbook covers a comprehensive discussion of all phases of electionspre-election (Board of

Election Inspectors, Watchers, Ballots and other election documents), election proper (Casting and

Counting of Votes), and post-election (Canvassing, Pre-proclamation Controversies, and Election

Contests). It also integrates a discussion of the various acts that constitute election offenses in these

three stages, in order to aid election monitors to properly identify and promptly act to report these

matters to the appropriate authorities.

Through this Handbook, the UP IGLR seeks to contribute to ensure a free, orderly, and honest 2010

elections.


3/125

Table of Contents

Glossary and Abbreviations i

I. BOARD OF ELECTION INSPECTORS (BEI) 1

A. Appointment, Qualifications, Vacancies 1

B. Functions and Responsibilities 3

II. WATCHERS 6

III. OFFICIAL BALLOTS AND OTHER ELECTION FORMS AND SUPPLIES 11

IV. PRE-VOTING PROCEDURES 14

V. CASTING OF VOTES 15

VI. COUNTING OF VOTES 29

VII. ELECTION RETURNS 33

VIII. POST-COUNTING AND POST-TRANSMISSION PROCEDURES 38

IX. CANVASS 40

A. The Board of Canvassers (BOC) 40

B. Manner of Canvassing 46

C. Persons Present During Canvassing 59

D. The COCs Effect and their distribution 60

E. Remedies 69

X. PRE-PROCLAMATION CONTROVERSIES 77

XI. ELECTION PROTEST and QUO WARRANTO 86

XII. ELECTION OFFENSES 96

Annex 1: ELECTION OFFENSES 1

Table of Figures

Figure 1: BEI Procedures before voting 14

Figure 2: Samples of Shading 20

Figure 3: Location of Feeder in the PCOS Machine 22

Figure 4: Procedure in Assisting Disabled/Illiterate Voters 26

Figure 5: Closing the Voting and Counting the Ballots 33

Figure 6: Printing and Transmitting the ERs 34

Figure 7: Steps after termination of counting of votes and announcement of results 38

Figure 8: Preliminaries to Canvassing 46

Figure 9: CCS Initialization 47

Figure 10: Starting the Canvassing 48

Figure 11: Monitoring Data Transmission 48

Figure 12: Procedure in case of Untransmitted Results 49

Figure 13: Generation and Printing of Consolidated Canvass Report 50


4/125

Figure 14: Generation and printing of COC 51

Figure 15: Transmission of Results 52

Figure 16: Printing of Remaining COC Reports 52

Figure 17: Generation and Printing of SOVs 53

Figure 18: Generating COCP 54

Figure 19: Printing of Audit Log 55

Figure 20: Post Printing Activities 55

Figure 21: Backing up CCS results 56

Figure 22: Shutting down CCS 57

Figure 23: Preproclamation Cases Filed Directly with BOC 81

Figure 24: Preproclamation Cases Filed Directly with COMELEC 82

Figure 25: Procedure if illegality of BOC proceedings is discovered after proclamation 82

List of Cited Laws/Issuances*

1. Batas Pambansa Blg. 8812. Republic Act No 71663. Republic Act No. 84364. Republic Act No. 93695. COMELEC Resolution No. 84366. COMELEC Resolution No. 87397. COMELEC Resolution No. 87868. COMELEC Resolution No. 88039. COMELEC Resolution No. 880410. COMELEC Resolution No. 880911. COMELEC Resolution No. 8811

* These links take you outside the UP Law Center website.
http://www.fed.org.ph/fed/download/References/BATAS%20PAMBANSA%20BLG.%20881.pdfhttp://www.fed.org.ph/fed/download/References/BATAS%20PAMBANSA%20BLG.%20881.pdfhttp://www.lente.org.ph/downloads/GeneralElectionLaws/RA7166.pdfhttp://www.lente.org.ph/downloads/GeneralElectionLaws/RA7166.pdfhttp://www.lente.org.ph/downloads/AutomationOfElections/RA8436.pdfhttp:/www.lente.org.ph/downloads/AutomationOfElections/RA8436.pdfhttp://www.lente.org.ph/downloads/AutomationOfElections/RA8436.pdfhttp:/www.lente.org.ph/downloads/AutomationOfElections/RA8436.pdfhttp://www.senate.gov.ph/republic_acts/ra%209369.pdfhttp://www.senate.gov.ph/republic_acts/ra%209369.pdfhttp://www.lente.org.ph/downloads/AutomationOfElections/RA8436.pdfhttp:/www.lente.org.ph/downloads/AutomationOfElections/RA8436.pdfhttp://www.lente.org.ph/downloads/AutomationOfElections/RA8436.pdfhttp:/www.lente.org.ph/downloads/AutomationOfElections/RA8436.pdfhttp://www.ibanangayon.ph/sites/default/files/com_res_8739.pdfhttp://www.ibanangayon.ph/sites/default/files/com_res_8739.pdfhttp://www.ibanangayon.ph/sites/default/files/com_res_8786.pdfhttp://www.ibanangayon.ph/sites/default/files/com_res_8786.pdfhttp://www.comelec.gov.ph/2010%20National_Local/resolutions/com_res_8803.pdfhttp://www.comelec.gov.ph/2010%20National_Local/resolutions/com_res_8803.pdfhttp://www.comelec.gov.ph/2010%20National_Local/resolutions/com_res_8804.pdfhttp://www.comelec.gov.ph/2010%20National_Local/resolutions/com_res_8804.pdfhttp://www.ibanangayon.ph/sites/default/files/com_res_8809.pdfhttp://www.ibanangayon.ph/sites/default/files/com_res_8809.pdfhttp://www.ibanangayon.ph/sites/default/files/com_res_8809.pdfhttp://www.comelec.gov.ph/2010%20National_Local/resolutions/com_res_8811.pdfhttp://www.comelec.gov.ph/2010%20National_Local/resolutions/com_res_8811.pdfhttp://www.comelec.gov.ph/2010%20National_Local/resolutions/com_res_8811.pdfhttp://www.ibanangayon.ph/sites/default/files/com_res_8809.pdfhttp://www.comelec.gov.ph/2010%20National_Local/resolutions/com_res_8804.pdfhttp://www.comelec.gov.ph/2010%20National_Local/resolutions/com_res_8803.pdfhttp://www.ibanangayon.ph/sites/default/files/com_res_8786.pdfhttp://www.ibanangayon.ph/sites/default/files/com_res_8739.pdfhttp://www.lente.org.ph/downloads/AutomationOfElections/RA8436.pdfhttp:/www.lente.org.ph/downloads/AutomationOfElections/RA8436.pdfhttp://www.senate.gov.ph/republic_acts/ra%209369.pdfhttp://www.lente.org.ph/downloads/AutomationOfElections/RA8436.pdfhttp:/www.lente.org.ph/downloads/AutomationOfElections/RA8436.pdfhttp://www.lente.org.ph/downloads/GeneralElectionLaws/RA7166.pdfhttp://www.fed.org.ph/fed/download/References/BATAS%20PAMBANSA%20BLG.%20881.pdf


5/125

i

Glossary and Abbreviationsab initio - from the very start

Audit Log - refers to the document that contains the list of allactivities performed by the PCOS machines from thetime that it was powered-on, until the time when closed.

1

Automated Election Systemor AES - a system using appropriate technology which has beendemonstrated in the voting, counting, consolidating,

canvassing, and transmission of election results, and

other electoral processes.2

BOC - Board of CanvassersBEI - Board of Election InspectorsBP Blg. 881 - the Omnibus Election Code

CCS - Consolidation and Canvassing SystemCanvass Proceedings - refers to the proceedings that involve the consolidation

of precinct election results at the municipal, city of

district level; district election results at the municipal or

city level; municipal or city election results at the

provincial level; and provincial election results at the

national level, be it the COMELEC or Congress. It also

include the formal proclamation of the election winners

at the various canvass levels.3

City/municipal/district/provincial

certificate of canvassor COC

- a document in electronic and printed form containing thetotal votes in figures obtained by each candidate in a

city/municipality/district/ province as the case may be. .These may be in electronic and printed form. The

electronic COC shall be the official canvass results in the

aforementioned corresponding jurisdictions.4

COCP - Certificate of Canvass and ProclamationCOMELEC - the Commission on ElectionsConsolidation Machine - refers to the machine used at the canvass proceedings to

consolidate precinct results, municipal and city results,

provincial results, as the case may be, for purposes of

getting the total votes of all candidates at a particular

canvass level.5

Counting Center - a public place within the city/municipality or in such otherplaces as may be designated by the COMELEC where the

1COMELEC Resolution No. 8804 (22 March 2009), Part I, Rule 2, Section 1.

2Republic Act No. 9369 (2007), Section 2.





6/125

ii

official ballots cast in various precincts of the city/

municipality shall be counted. Polling places or voting

centers may also be designated as counting centers.6

Counting machine - a machine that uses an optical scanning/mark-sensereading device or any similar advanced technology to

count ballots.7

Data storage device - a device used to electronically store counting andcanvassing results, such as a memory pack or diskette.

8

DepEd - Department of EducationDisabled voter - a person with impaired capacity to use the AES.9

EDCVL - the Election Day Computerized Voters ListElectronic document - refers to information or the representation of

information, data, figures, symbols or other modes of

written expression, described or however represented, by

which a fact may be proved and affirmed, which is

received, recorded, transmitted, stored processed,

retrieved or produced electronically. It includes digitally

signed documents and any print-out or output, readable

by sight or other means, which accurately reflects the

electronic document.10

Electronic election returns - refers to the copy of the election return in electronic formgenerated by the PCOS machine that is electronically

transmitted to the Municipal or City Board of Canvassers

for the official canvass, to the COMELEC Back-Up Server,

and to the Server for the dominant majority and

dominant minority parties, the citizens' arm authorized

by the COMELEC to conduct a parallel count, and the

Kapisanan ng mga Brodkasters sa Pilipinas or KBP11

;

Election Returnsor ER - a document in electronic and printed form directlyproduced by the counting or voting machine, showing

the date of the election, the province, municipality and

the precinct in which it is held and the votes in figures for

each candidate in a precinct in areas where AES is

utilized.12

Electronic transmission - conveying data in electronic form from one location toanother.

13

ERSD - Election Records and Statistics DepartmentEn Banc - as a whole; with all its members






11COMELEC Resolution 8804 (22 March 2010), Part I, Rule 2, Section 1.

12Republic Act No. 9369 (2007), Section 2; See also COMELEC Resolution 8804 (22 March 2010), Part I, Rule 2, Section 1.



7/125

iii

KBP - the Kapisanan ng mga Broadkaster ng PilipinasLocal Ballot - refers to the ballot on which the voter will manually write

the names of the candidates of his/her choice for

member of the House of Representatives, governor, vice-

governor, members of the provincial board, mayor, vice-

mayor, and members of the city/municipal council.14

motu proprio - by itself; upon its own initiative

Official ballot - where AES is utilized, refers to the paper ballot, whether

printed or generated by the technology applied, that

faithfully captures or represents the votes cast by a voter

recorded or to be recorded in electronic form.15

PCOS - Precinct Count Optical Scan. It means a technology

wherein an optical ballot scanner, into which optical scan

paper ballots marked by hand by the voter are inserted tobe counted, is located in every precinct

16

PCVL

.

- Posted Computerized Voters ListPolling place - place where voters cast their votes during electionPre-proclamation Controversy - refers to any question pertaining to or affecting the

proceedings of the BOC which may be raised by any

candidate or by any registered political party or coalition

of political parties before the BOC or directly with the

COMELEC, or any matter in relation to the preparation,

transmission, receipt, custody and appreciation of the

ERs.

Printed Election Returns - refers to the copy of the election returns printed by thePCOS machine on a paper, and authenticated by the

manual signatures and thumbmarks of the members of

the Board of Election Inspectors (BEI)17

.

Quo Warranto - is a prerogative writ requiring the person to whom it isdirected to show what authority he has for exercising

some right or power or franchise he claims to hold

RCG - Reception and Custody GroupRepublic Act No 7166 - entitled An Act Providing for Synchronized National and

Local Elections and for Electoral Reforms, Authorizing

Appropriations Therefor and for Other Purposes






8/125

iv

Republic Act No. 8436 - entitled An Act Authorizing the Commission onElections to Use an Automated Elections in the 11 May

1998 National or Local Elections and in Subsequent

National and Local Electoral Exercises, Providing Funds

Therefor and for Other Purposes.

Republic Act No. (R.A.) 9369 - the law which amended Republic Act No. 8436, entitled"An Act Authorizing the Commission on Elections to Use

an Automated Election System in the May 11, 1998

National or Local Elections and in Subsequent National

and Local Electoral Exercises, to Encourage

Transparency, Credibility, Fairness and Accuracy of

Elections, Amending for the Purpose Batas Pambansa

Blg. 881, as Amended, Republic Act No. 7166 and other

Related Election Laws.18

Statement of VotesorSOV - a document containing the votes obtained by candidatesin each precinct in a city/municipality

19

Station - refers to a polling place, counting center, municipal orprovincial canvassing center.20

VRR - Voters Registration Record


19Flauta v. COMELEC, G.R. No. 184586, 22 July 2009.



9/125

AES 2010 HANDBOOK Page 1

I. BOARD OF ELECTION INSPECTORS (BEI)A.Appointment, Qualifications, Vacancies

1. Who appoints the BEI?The COMELEC, directly or through its Election Officer, 21appoints a BEI for each precinct.22

2. What is the composition of a BEI?The BEI is selected from the list of all public school teachers submitted by the Department

of Education's (DepEd) highest official within the city/municipality/school district.23Public

school teachers with permanent appointments and those who served in the immediately

preceding national and Local Elections shall be preferred.24

3. Can persons other than public school teachers be appointed as BEI members?

It is composed of a Chairman and two (2) members, where one of the members shall be

designated as the poll clerk.

Yes. When there are not enough public school teachers, the following may be appointed as

BEI members:

a. teachers in private schools;

b. employees in the civil service; or

c. citizens of known probity and competence who are registered voters of the city or

municipality.

In all cases, however, the BEI Chairman must be a public school teacher. 25

4. What qualifications must be met in order for a person to be appointed as BEI member?No person shall be appointed as BEI Chairman or member, whether regular, substitute or

temporary, unless he/she:

a. is of good moral character and irreproachable reputation;

b. is a registered voter of the city or municipality;

c. has never been convicted of any election offense or of any other crime punishableby more than six (6) months of imprisonment;

21COMELEC Resolution No. 8786 (4 March 2010), Section 1 (1).

22Batas Pambansa Blg. 881 (1985), Section 164.


24COMELEC Resolution No. 8786 (4 March, 2010), Section 1 (2).



10/125


d. has no pending case against him filed in COMELEC/court for any election offense;

and

e. is able to speak and write English or the local dialect.26

5. Can a duly constituted BEI composed of public school teachers be replaced with militarypersonnel by agreement of political parties and candidates?

No. In Cawasa v. COMELEC,27

6. Could a member of the BEI be relieved of his/her duties and replaced by another?

the Supreme Court held that the bare assertionthat the

political parties and municipal candidates agreed on the said arrangement provides no

legal basis for replacing a duly constituted BEI composed of public school teachers with

military personnel.

Public school teachers who are BEI members shall not be relieved or disqualified from

acting as such members, except for cause and after due hearing.28

7. Who are disqualified from being BEI members?The following are disqualified from being BEI members:

a. A person who is related within the fourth civil degree of consanguinity or affinity toany member of the same BEI or to any candidate to be voted for or to the candidate's

spouse; and

b. A person who is married to someone who is related within the fourth civil degree ofconsanguinity or affinity to any member of the same BEI or to any candidate to be

voted for or to the candidate's spouse.29

8. What should the disqualified BEI Chairman or member do?

He/she shall immediately notify the Election Officer of his or her disqualification in writing.

The Election Officer shall, in turn, appoint a substitute.30

9. What must be done before the BEI Chairman and members assume office?The Election Officer must accomplish the form for the Appointment of the Chairman and

Members of the BEI (Election Form No. A5) in three (3) copies and require the Chairman

and BEI members to affix their signatures and imprints of their right thumbs on the Oath

of Office (Election Form No. A5-A) before him before assumption of office.31

26

Batas Pambansa Blg. 881 (1985), Section 166; COMELEC Resolution No. 8786 (4 March 2010), Section 2.27

Cawasa v. COMELEC, G.R. No. 150469, 3 July 2002.28

Batas Pambansa Blg. 881 (1985), Section 170; Cawasa v. Comelec, G.R. No. 150469, 3 July 2002.29


COMELEC Resolution No. 8786 (4 March 2010), Section 4.31

Batas Pambansa Blg. 881 (1985), Section 165; COMELEC Resolution No. 8786 (4 March 2010), Section 7.


11/125


10.How are temporary vacancies in the BEI filled?In case a BEI 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 the vacancy until the absent member

appears. In case there are two members present, they shall act jointly.32

11.Under what circumstances may a BEI member order the arrest of absent members?BEI members may order the arrest of any member who, in their judgment, has absented

himself with the intention of obstructing the performance of the duties of the BEI.33

B.Functions and Responsibilities12.What are the powers and functions of the BEI?

The BEI shall have the following powers and functions:

a. Conduct the voting in the polling place and administer the electronic counting ofvotes;

b. Print the election returns and transmit electronically the election results, through theuse of the PCOS machines, to the City/Municipal Board of Canvassers (BOC), the

dominant majority party, dominant minority party, accredited citizens' arm and KBP,

and to the central server.

c. Act as deputies of the COMELEC in the conduct of the elections;d. Maintain order within the polling place and its premises; keep access thereto open and

unobstructed; and enforce obedience to its lawful orders. It shall prohibit the use of

cellular phones and cameras by the voters.

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 said person into custody until the adjournment of the meeting, but such

order shall not be executed as to prevent said person from voting. A copy of the

written order shall be attached to the Minutes.

32COMELEC Resolution No. 8786 (4 March 2010), Section 5.

33Batas Pambansa Blg. 881 (1985), Section 177; COMELEC Resolution No. 8786 (4 March 2010), Section 6.


12/125


e. Perform such other functions as may be prescribed by law or by the rules andregulations promulgated by the COMELEC. 34

13. What are the BEIs responsibilities with respect to the keeping of the Minutes of Votingand Counting of Votes (Minutes)?

The BEI shall enter in the Minutes (Election Form No. A11), the act or data required as they

occur or become available during voting, counting, and transmission of votes. Copies shall

be sealed in separate envelopes and distributed to 35

:

1stcopy 2ndcopy

14.How are the proceedings of the BEI to be conducted?The meeting of the BEI shall be public and shall be held in the polling place designated by

the COMELEC.36

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.

37

15.Are BEI members allowed to vote?Yes. There are two (2) options available to BEI members (including their substitutes) who

are registered voters in a precinct other than where they are assigned:

a. avail of the Local Absentee Voting, orb. on the day of the elections, vote in the precincts where they are registered, provided

that they do so when the voting in their respective places of assignment is light, and

their absence shall not be for more than thirty (30) minutes.38

They shall schedule their voting so that only one BEI member shall leave at any one time.39

34

Batas Pambansa Blg. 881 (1985), Sections 168 & 172; COMELEC Resolution No. 8786 (4 March 2010), Section 10.35



Batas Pambansa Blg. 881 (1985), Section 174; COMELEC Resolution No. 8786 (4 March 2010), Section 11 (2).38

COMELEC Resolution No. 8786 (4 March 2010), as revised by COMELEC Resolution No. 8798 (16 March 2010), Section 12.39

COMELEC Resolution No. 8786 (4 March 2010), Section 12.

delivered to Election Officer who

shall transmit it to the Election

Records and Statistics Department

(ERSD)

deposited inside the

compartment of the ballot box.


13/125


16.Are BEI members allowed to engage in partisan political activity?No. No BEI member or 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.40

17.Are BEI members allowed to make announcements tending to show the state of the pollswhile voting is ongoing?

No. During the voting, any BEI member shall NOTmake any announcement as to:

a. whether a certain registered voter has already voted or not;

b. 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; and

c. how many persons voted, except as witness before a court or body.41

18.What are the BEIs duties with respect to election forms, documents, and supplies?The BEI shall:

a. carefully check the different election forms, documents and supplies and thequantity actually received; and

b. sign a Certificate of Receipt in three (3) copies, the original of which shall bedelivered to the City/Municipal Treasurer, who shall transmit the same to the

ERSD, COMELEC, Manila, immediately after election day.42

19.What are the obligations of BEI on election day?Please see:

item IV on Pre-Voting Procedures on Election Day for procedures to be followedBEFORE voting begins

item V on Casting of Votes for procedures to be followed DURING the votingprocess, and

item VII on Election Returnson the procedures to be followed AFTER the voting.





14/125


II. WATCHERS20.Who are entitled to appoint poll watchers?

The following are entitled to appoint two watchers, to serve alternately, in every pollingplace:

a. each candidate and registered political party or coalition of political parties dulyregistered with the COMELEC and fielding candidates in the election; and

b. duly accredited citizens' arms.Candidates for Senator, candidates for Member, Sangguniang Panlalawigan or

Sangguniang Panlungsod, or Sangguniang Bayan, belonging to the same ticket or slate,

shall collectively be entitled to one watcher.

Duly accredited citizens arms of the COMELEC shall be entitled to appoint a watcher inevery polling place. Other civil, professional, business, service, youth, and any other similar

organizations, with prior authority of the COMELEC, shall be entitled collectively to

appoint one watcher in every polling place. 43

21.Will all these watchers be allowed in the polling place?Yes. However, if all watchers cannot be accommodated because of limited space,

preference shall be given to watchers of:

a. citizens' arm;b. dominant majority party, as determined by the COMELEC; andc. dominant minority party, as determined by the COMELEC.In case there are two or more citizen's arm preference shall be given to the one authorized

by the COMELEC to conduct an unofficial count. 44

22.Who may be appointed as a watcher?No person shall be appointed watcher unless he:

a. is a registered voter of the city or municipality comprising the precinct where he is

assigned;

b. is of good reputation;c. has not been convicted by final judgment of any election offense or of any other crime;

d. knows how to read and write Pilipino, English or any of the prevailing local dialects;

and




15/125


e. 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.45

23.What are formalities that must be observed by watchers before they can perform theirduties?

WHAT TO DO WHO DOES IT WHEN IT NEEDS TO BE

DONE

Provide the Election

Officers with the names and

signatures of their

representatives authorized

to appoint watchers in the

city or municipality46

Independent candidates,

registered parties/

organizations, or coalitions

authorized by the COMELEC

to appoint watchers

Note: The appointments of

the watchers shall bear thesignature of the candidate

or duly authorized

representative of the party,

organization or coalition

that appointed them.

At least fifteen (15) days

before election day

Deliver to the BEI Chairman

their appointments as

watchers

Poll Watchers Upon entering the polling

place

Record Pollwatchers

names in the Minutes with a

notation under their

signatures that they are notdisqualified to serve as such

BEI Chairman Upon delivery of the watchers

of their appointments




16/125


24.What are the rights and duties of watchers?

Key Points For WatchersWatchers shall have the following rights

47

Witness and inform themselves of the proceedings of the BEI;:

Take note of what they may see or hear;Take photographs of the proceedings and incidents, if any, during the

voting, counting of votes, as well as of the generated ER and ballot

boxes;

File a protest against any irregularity or violation of law which theybelieve may have been committed by the BEI or by any of its membersor by any person;

Obtain from the BEI a certificate as to the filing of such protest and theresolution thereof; and

Affix their signatures and thumb marks in the ER if they arerepresenting the dominant majority and dominant minority parties

fielding candidates.

Watchers shall have the right to guard the room where ballot boxes shall be kept

after canvassing.48

25.How should watchers conduct themselves in the performance of their duties?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. 49

No watcher shall enter the place reserved for the voters and the BEI, nor mingle and talk

with the voters.

50

Watchers must stay only in the space reserved for them.

51

47




COMELEC Resolution No. 8786 (4 March 2010), Section 27 (b).51

COMELEC Resolution No. 8786 (4 March 2010), Section 28 (b).


17/125


26.On what grounds may a watcher challenge a prospective voter?A watcher may challenge any person offering to vote on the ground that he:

a. is not registered;

b. is using the name of another;

c. is suffering from an existing disqualification;52

f. made a bet or is interested directly or indirectly in a bet that depends upon the results

of the election.

d. 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;

e. made or received a promise to influence the giving or withholding of any such vote; or

53

27.Aside from discharging their duties during the voting proper, what else should watchersdo to help safeguard the sanctity of the elections?

Watchers should be present at the following period and must perform the following tasks:



54COMELEC Resolution No. 8786 (4 March 2010), Section 34 (b).

55COMELEC Resolution No. 8786 (4 March 2010), Section 34 (f).

56COMELEC Resolution No. 8786 (4 March 2010), Section 34 (w).

57COMELEC Resolution No. 8786 (4 March 2010), Section 40 (m).

58COMELEC Resolution No. 8786 (4 March 2010), Section 43 (e).

WHEN TASK

BEFORE the Voting

record the serial number of the seal(s) on the PCOS box(es)54

observe whether the PCOS box is sealed and check if the serial

number of the seal is the same as the serial number recorded

during the testing and sealing

55

observe the initialization of the PCOS and sign the Initialization

Report

56

AFTER the voting

observe the counting of votes and transmission and printing ofERs

affix their signatures on the printed ERs57

observe the disposition of the PCOS, ballot boxes, keys, ERs,

and other documents even after the termination of the

counting of votes and the announcement of the results in the

precinct

accompany the BEI as it delivers the ballot box to the city or

municipal treasurer58


18/125



Key Points For WatchersThe ballot box shall NEVER be reopened to place therein or to take

out therefrom any document or article except in proper cases and

with prior written authority of the COMELEC to retrieve copies of the

election returns which will be needed in any canvass.

In such situation, the BEI members and the watchers shall be notified

of the time and place of the opening of said ballot box. 59 Watchers

should make sure they are present when the ballot box is opened.


19/125


III. OFFICIAL BALLOTS ANDOTHER ELECTION FORMS AND

SUPPLIES

28.What is an official ballot?In the AES, an official ballot refers to the paper ballot, whether printed or generated by the

technology applied, that faithfully captures or represents the votes cast by a voter

recorded or to be recorded in electronic form.60

Official ballots come in Election Form No. A6.

61

29.What shall the ballot contain?The ballot shall contain all the names of the candidates for every vacant position, both at

the national and local levels.

The names of all candidates for every vacant position shall be arranged alphabetically and

printed uniformly. There shall correspond to each of the names of the candidates a blank

oval, which the voter shall completely shade to signify his/her vote.

30.What are the types of security measures that could be adopted by the COMELEC toprevent use of fake ballots?

Some of these safeguards include, but are not limited to, bar codes, holograms, color

shifting ink and microprinting.62As mentioned above, an official ballot comes as ElectionForm No. A6.63

31. When will the official ballots be distributed to the BEI?The official ballots, along with the forms, documents and supplies to be used for the

election, shall be distributed early in the morning of election day. However, COMELEC

may authorize earlier distribution of these documents. 64

32.Can the official ballots be reproduced?No. The official ballots cannot be reproduced.

65

60

Republic Act No. 8436 (1997), as amended by Republic Act. No 9369 (2007), Section 2 (3).61


Republic Act No. 8436 (1997), as amended by Republic Act No. 9369 (2007), Section 13.63



Official ballots are not among the election forms that may be reproduced as enumerated in COMELEC Resolution No. 8786 (4 March

2010), Section 19.


20/125


33.Aside from the official ballots, what are the other election forms and supplies?Early in the morning of election day, the BEI shall get the following forms, documents and

supplies from the following:66

a. From the City/Municipal Treasurer

CEF NO. DESCRIPTION RATE OF DISTRIBUTION

ELECTION FORMS

A3 Poster Indicating the Clustered Precincts

Numbers 1 Piece

A6 Official Ballots 1 Piece per voter

A12 Paper Seal 75 Pieces

A14 Certificate of Receipt of Official Ballots, Other

Forms and Supplies by BEI

3 Pieces

A27 Official Receipt of Election Returns 30 Pieces

ENVELOPES FOR VOTING AND COUNTINGA15 For Rejected ballots, Half of Torn Unused

Official Ballots and Other Half of Torn Unused

Official Ballots

3 Pieces

A17 For Election Returns 30 Pieces

OTHER ENVELOPES

A18-A For Main Memory Card, i-button Security Key,

PINs, Initialization Report, Audit Log, and

Precinct Statistical Report

6 Pieces

OTHER FORMS

A30/A31 Temporary Appointment of Chairman/Poll

Clerk/Third Member/Support Staff

10 Pieces

A35 Certificate of Challenge of Protest and

Decision of the BEI

10 Pieces

A39 Oath of Voter Challenge for Illegal Acts 10 Pieces

A40 Oath of Identification of Challenged Voter 10 Pieces

SUPPLIES

Bond Paper (long) 30 Pieces

Ballot Secrecy Folder 22 Pieces

Thumbprint Taker 1 Piece per precinct

in a cluster

Seal with Steel Wire for Ballot Box 1 Piece

Indelible Stain Ink 2 Bottles per precinct

in a cluster

Instruction to Voters 1 Piece per clustered

precinct

Marking Pens 1 or 2 Box/es

Ballpen 6 Pieces



21/125


b. From the Election Officer

CEF NO. DESCRIPTION RATE OF DISTRIBUTION

Book of Voters, which must be (i) duly sealed, and (ii) in

the custody of the poll clerk, third member and thesupport staff, if any

Precinct Computerized Voters List (PCVL) and

supplemental PCVL, if any, for posting outside the

precinct and which must be duly certified by the

Election Registration board)

1 Copy

Election Day Computerized voters List (EDCVL/List of

Voters with Voting Record) and supplemental EDCVL, if

any, which must be (i) duly certified by the Election

Registration board; and (ii) one (1) of EDCVL must be in

the custody of the poll clerk, third member and the

support staff, if any.

2 Copies

A5 &

A5-A

Copies of Appointment and Oath of Office of the BEI

and Support Staff

34.What shall the BEI do after receiving Official Ballots and other election forms andsupplies?

The BEI shall carefully check the different election forms (which include the official

ballots), documents and supplies and the quantity actually received.

The BEI shall then sign a Certificate of Receipt (Election Form No. A14) in three (3) copies,

the original of which shall be delivered to the City/Municipal Treasurer, who shall transmit

the same to the ERSD, Comelec, Manila, immediately after election day.67

35.How many official ballots shall be provided to each BEI?Only one piece of ballot per voter shall be provided to the BEI.68

36.Are there election documents that may be reproduced?Yes. Only the following forms may be reproduced when needed:

a. Temporary Appointment of Chairman/Poll Clerk/Member;

b. Certificate of Challenge of Protest and Decision of the BEI;

c. Oath of Voter Challenged for Illegal Acts; and

d. Oath to Identify a Challenged Voter.

69

67





22/125


IV. PRE-VOTING PROCEDURES

37. What procedures must the BEI observe before voting begins on Election Day?The BEI shall follow the detailed procedure below early in the morning of election day.70

Meet at the polling place

at 6 am of Election Day.

Ensure that the PCOS

and ballot boxes are

inside the polling place.

Post one copy of the

PCVL of each precinct in

the cluster, near or at the

door of the polling place.

Show the PCOS box,

Ballot box, official ballots

and Book of Voters to the

public and watchers

present.

Remove the sticker seal

of the PCOS box.Open the PCOS box.

Check the contents of the

PCOS box.

Retrieve the minutes from the

PCOS box and inspect its serial

number. Enter into the minutes the

number of ballots and the fact that

the PCOS box, Ballot box, official

ballots and Book of Voters were

shown to the public.

Retrieve the PIN of the

BEI and distribute the

same among themselves.

The re-zero PIN shall not

be used on election day.

Retrieve the PCOS from

its box.

Show to the public that the

printer cover and slots of

the PCOS are stored and

sealed.

Unlock the sliding cover of

the ballot box slit and

break its plastic security

seal.

Place the PCOS properly

on top of the ballot box.

Break the plastic fixed

length seal of the printer

cover of the PCOS.

Open the printer cover and

the Chairman shall take

out the iButton security

key.

Verify that the roll of paper

is already properly

installed.

Close the printer.

Connect the power

adaptor to the PCOS AC

power port (20VAC).

Plug the other end to the

electrical outlet.

Connect the battery to the

PCOS DC power port (12

VDC). If there is no power,

using a pen, press the RESET

button located at the top of the

PCOS AC power port.

Wait until the PCOS

displays the message

PLEASE INSERT

SECURITY KEY FOR

AUTHENTICATION.

The Chairman shall place the iButton

security key on top of the iButton security

key receptacle and apply slight pressure

thereon until the message 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 closing

of voting.

The certified IT-capable member of the BEI shall perform

the following procedures:

1. Select OPEN VOTING from the Main Menu

2. The PCOS shall then request for the PIN of the poll clerk

who will then enter his PIN and press ENTER

3. Validate the PIN and display a message PIN

ACCEPTED

4. Request for the second PIN from the the third member

who will then enter his PIN and press ENTER

5. Validate the PIN and display a message PIN

ACCEPTED

6. Display two (2) options: INITIALIZE VOTE COUNTERS

and PREVIOUS SCREEN

Press the INITIALIZE VOTE COUNTERS option of the

PCOS. The PCOS shall:1. Display the message INITIALIZING VOTE COUNTERS

2. Automatically print the Initialization Report showing zero

(0) vote for each candidate including the geographic

information (province, city/municipality, barangay, voting

center and individual precinct in the cluster)

3. After printing the Initialization Report, the PCOS will

display the message, WOULD YOU LIKE TO PRINT MORE

COPIES OF THIS REPORT? with YES and NO options.

Press NO. The PCOS will display the message PLEASE

INSERT BALLOT. Now, the PCOS is ready to accept

ballots.

Detach the Initialization

Report, affix their signatures

thereon including the

representatives of the

political parties, candidates

or citizens arms present

The Chairman shall then

place the Report inside the

envelope (A18-A) for

submission to the Election

Officer after the voting, for

his safekeeping.

Figure 1: BEI Procedures before voting

70COMELEC Resolution No. 8786 (4 March 2010), Section 18; See alsoCOMELEC Resolution No. 8786 (4 March 2010), Section 34.


23/125


V. CASTING OF VOTES

38.How and when are the elections opened?The elections are opened by the BEI Chairman at 7:00 a.m. of the election day by unlocking

the PCOS. To unlock the PCOS, the BEI Chairman shall insert the Security Key into theappropriate port for the mechanism.

Once the initialization report is printed, the elections shall be deemed open.71

39.What is the initialization report or the zero-vote document?The initialization report or the zero-vote document is an ER printed by the PCOS to open

the elections. It shows that there are no votes or that there are zero votes recognized by

the system at the time of the opening of the elections.

The initialization report shall be printed in one (1) copy, which shall be kept by the BEIChairman for safekeeping. After the votes have been counted and the results of the

election in the precinct have been announced, it will be forwarded to the Election Officer.72

40.How will the BEI know that the PCOS is ready to accept ballots?The PCOS is ready to accept ballots for counting when the touch screen display indicates

that the system is OPEN, and that the text Please Insert Ballot is displayed.73

41.Up to what time can the voters cast their votes?The voters can cast their votes until 6:00 p.m. of the election day.74

42.Can the voters cast their votes after 6:00 p.m. of the election day?Voters can cast their votes after 6:00 p.m. of the election day, provided they are within 30

meters in front of their assigned polling place. In such a case, the poll clerk shall prepare a

list of voters within 30 meters in front of the polling place and intending to vote. These

voters shall be allowed to cast their votes upon being called by the poll clerk, in the order in

which they are listed.75

71







24/125


43.Can a voter vote if he/she was included by the poll clerk in the list of voters who will beallowed to vote past 6:00 p.m., but fails to respond to the poll clerks call to vote?

Each name shall be called by the poll clerk three times. Any voter who is not present when

called shall NOT be allowed to vote at a later time.76

44.Will the PCOS accept ballots fed to the system prior to the printing of the zero-votedocument?

No. The PCOS shall not accept any ballot fed until the zero-vote document is printed.

45.Who may vote?The following are entitled to vote:

a. All registered voters whose names appear in the Posted Computerized Voters List(PCVL) or Election Day Computerized Voters List (EDVCL), or whose registration

records have not been cancelled or deactivated, may vote in the election 77

; and

b. Detainees, whose registration records are not deactivated / cancelled, includingthose78

:

confined in jail, formally charged for any crime/s and awaiting/undergoing trial; serving a sentence of imprisonment for less than one (1) year; or whose conviction of a crime involving disloyalty to the duly constituted

government such as rebellion, sedition, violation of the firearms laws or any

crime against national security or for any other crime is on appeal.

The rules and regulations on detainee voting in connection with the May 10, 2010 nationaland local elections are contained in Comelec Resolution No. 8811 promulgated on 30

March 2010.





25/125


46.How does a voter obtain a ballot?The voter must look for his name in the PCVL posted at the door of the precinct. The voter

must take note of his/her precinct number and sequence number.

Source: Elections 101: Nutshelling the Automated Elections of 2010, presented by COMELEC during the

PHILJAs Experts Meeting on the Election Law Training Curriculum for RTC Judges (14 April 2010, Hyatt

Manila)

The voter will then approach the BEI or support staff-in charge of his/her assigned precinct,and give his/her complete name, sequence number, address, proof of identification, and

relevant information.

The BEI shall then establish the identity of the voter by:

a. Verifying whether the voters name is in the EDCVL;

b. Checking the voters resemblance to the photograph in the EDCVL

c. Verifying his photograph or specimen signatures in the Voters Registration Record

d. Verifying if the voter is identified under oath by any member of the BEI

e. Verifying the voters identity through any authentic document that may establish his

identity, EXCEPTbarangay certificates or community tax certificates.

Upon successfully verifying the voters identity, the BEI shall direct the voter to the BEI

Chairman for the issuance of the ballot.79

79



26/125


Key Points for the BEI Chairman Before issuing a ballot, the BEI Chairman will check if the votersfingers have not yet been stained by indelible ink.

If stained, the voter will be presumed to have voted andshall be asked to leave the polling place.

X If unstained, the BEI chairman will sign the EDCVL andfront of the ballot in the designated space.

The ballot must be placed inside the Ballot Secrecy Folder in suchmanner as would cover the face of the ballot, revealing only the

portion where the BEI Chairmans signature.80

47.What happens if the BEI Chairman fails to authenticate the ballot by affixing his/hersignature in the space dedicated for the purpose?

Failure of the BEI Chairman to authenticate the ballot shall not be a cause for invalidation

of the Ballot. However, he/she shall be charged with an election offense.81

48.Can any other BEI member issue a ballot to a registered voter?No. Only the BEI Chairman can issue ballots.82

49.Can a voter or watcher challenge a voter? On what grounds?Any voter or any watcher may challenge any person offering to vote for:

a. Not being registered;

b. Using the name of another; or

c. Suffering from an existing disqualification.

Any voter or any watcher may also challenge any voter offering to vote on the ground that

he/she:

a. Received or expects to receive, paid, offered or promised to pay, contributed offeredor promised to contribute money or anything of value as consideration for his vote or

for the vote of another; or


81COMELEC Resolution No. 8786 (4 March 2010), Section 35, alsoBatas Pambansa Blg. 881 (1985), Section 261 (bb) (2).



27/125


Election Offense

b. Made of received a promise to influence the giving or withholding of any such vote; or

c. Made a bet or is interested directly or indirectly in a bet that depends upon the results

of the election.

The following may be charged with an election offense:

1. A person who votes in an election BUT:

- is not a registered voter, or

- who being registered, votes more than once in the same election83

- makes it possible for the number of votes cast to exceed the

number of registered voters shall likewise be liable for an election offense

2. Any BEI member who:

84

- issues an official ballot to a person not qualified to be issued an official

ballot may be charged with an election offense

85

50.What shall the BEI do when a challenge is raised?- fails to authenticate the ballot

When a challenge is raised, the BEI shall:

a. require proof of registration, identity or qualification; andb. identify the challenged voter through his photograph, fingerprint, or specimen

signatures in the VRR or EDCVL. In the absence of any of the proof of identity

mentioned, any BEI member may identify under oath a voter, and such act shall be

reflected in the Minutes.86

83Batas Pambansa Blg. 881 (1985), Section 261 (z) (2).




ELECTION OFFENSE


28/125


51.What shall the challenged voter do in these instances?In order to be allowed to vote, the challenged voter shall take an oath before the BEI that

he has not committed any of the acts alleged in the challenge. Otherwise, the challenge

shall be sustained and the voter shall not be allowed to vote.87

All challenges, oaths taken in connection therewith, and the BEIs decision in all such

challenges shall be recorded in the Minutes.

88

52.What happens if the challenge to a voter is sustained?No ballot shall be issued to the voter, and he/she shall be asked to leave the polling place. 89

53.What happens if the challenge to a voter is dismissed?The voter shall be allowed to vote90

54.How does a voter accomplish his/her ballot?

provided none of the voters fingers is stained by

indelible ink.

A voter shall accomplish his/her ballot by SHADING FULLY the appropriate oval

corresponding to the name of the desired candidate in the ballot to be used for the

elections using the special marker provided by the COMELEC.

After the voter finishes shading all the ovals corresponding to the names of his/her desired

candidates for every position, he/she shall affix his/her thumbmark in the space provided

for in the voting record. 91

Figure 2: Samples of Shading

Source: Elections 101: Nutshelling the Automated Elections of 2010, presented by COMELEC during the PHILJAs

Experts Meeting on the Election Law Training Curriculum for RTC Judges (14 April 2010, Hyatt Manila)







29/125


Key Points For Voters Be careful in the marking of any ovals, especially those whichdo not correspond to your choice. Do not fold or crumple the ballot. Keep the ballot clean. There should be no stains, smudges or

any other marks in the ballot.

Never show the ballot to anyone.55.What happens if the voter shades and chooses more than the number of required

candidates to be voted for a particular position?

When the voter shades and votes for candidates in excess of the number of required votes

for candidates in a specified position, OVERVOTING occurs.

For example, if the voter shades and in effect votes for two candidates both running for

President, and in effect votes for two Presidential candidates, OVERVOTING occurs.

56.What happens if the voter shades and chooses less than the number of requiredcandidates to be voted for a particular position?

When the voter shades and votes for candidates less than the number of required votes for

candidates in a specified position, UNDERVOTING occurs.

For example, if the voter shades and votes for only 5 candidates to signify his votes for the

Senatorial contest, which is less than the 12 maximum allowed votes for the contest,

UNDERVOTING occurs.

57.How does a voter insert a ballot into the PCOS?The voter may insert his/her ballot into the PCOS in any orientation or direction as the

dimensions of the PCOS feeder shall permit. There are four orientations in which the ballot

may be fed into the PCOS.92

92



30/125


Figure 3: Location of Feeder in the PCOS Machine

58.What happens if there is overvoting?The votes cast for the OVERVOTED position will not be recognized and counted by the

PCOS. The votes cast for the other positions, however, shall be recognized and counted by

the PCOS, as long as no OVERVOTING occurs in other positions.

59.What happens if there is undervoting?UNDERVOTING is fine. In such a case, the PCOS will only count the votes cast for the

candidates as chosen by the voter.

60.Can a voter obtain a new ballot in case he/she makes a mistake in casting his/her votes?No. The ballots shall be provided to each voter at the rate of ONE BALLOT PER VOTERonly.93

61.How does the voter cast his/her accomplished ballot?After accomplishing the ballot, the voter shall approach the PCOS and insert the

accomplished ballot in the ballot entry slot. The PCOS electronic display shall display,

CONGRATULATIONS. YOUR VOTE HAS BEEN REGISTERED to indicate that the PCOS

accepted the ballot. The BEI shall monitor the PCOS screen to make sure that the ballot

was successfully accepted.94

93

Republic Act No. 8436, Section 14 which provides that a voter spoiling his/her ballot may be issued another ballot, subject however

that the voter shall not change his/her ballot more than once, has been amended by Republic Act No. 9369 (2007), Section 15 which

provides that COMELEC shall provide procedure in voting and omitted the specific proviso in Section. 14 on spoiling. See also



FEEDER


31/125


After, the voter must return the ballot secrecy folder and marking pen to the BEI

Chairman. An indelible ink will be applied to the voters finger, and he/she affix his/her

thumb mark in the EDCVL. 95

When casting his/her vote, it shall be UNLAWFUL for a voter to96

X Bring the ballot, ballot secrecy folder or marking pen outside of the polling place;:

X Speak with anyone other than as herein provided while inside the polling place;X Prepare his ballot without using secrecy folder or exhibit its contents;X

Fill his ballot accompanied by another, except in the case of an illiterate or person withdisability /disabled voter;

X Erase any printing from the ballot, or put any distinguishing mark on the ballot;X 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;

X Intentionally tear or deface the ballot; andX Disrupt or attempt to disrupt the normal operation of the PCOS.

Please note that election offenses are not limited to the above list. Please refer to the

discussion under item IX entitled Election Offenses.

62.Are there cases when the PCOS will reject ballots? What are these cases?Yes. There are three reasons a PCOS will give for rejecting ballots. These reasons shall be

displayed on the PCOS electronic display 97

63.What shall the voter do in case his/her ballot is rejected by the PCOS machine?

:

a. Ambiguous Mark

b. Misread Ballot

c. Invalid Ballot

The voter should do the following, depending on the reason given for rejecting the ballot:




ELECTION OFFENSE


32/125


Reason for Rejection To Do Last Option

(if PCOS still does not accept the

ballot being fed)

Ambiguous Mark Check if the ovals corresponding to

desired candidate were fully shaded

If not, fully shade all those which are not

fully shaded

Return the Ballot to the BEI

Chairman

AND/OR

Register objection to the rejection

of the ballot in writing, and attach

and note in the Minutes of

Voting.98

Misread Ballot Re-feed the ballot in different

orientations

Invalid Ballot Check if the ballot belongs to the same

precinct in which the voter is voting

If so, re-feed the ballot in different

orientations

64.What shall the BEI do with rejected ballots?The BEI Chairman shall:

a. distinctly mark the ballot at the back as Rejectedb. ask all BEI members to sign the back portion with the notationc. place all rejected ballots inside the envelope for rejected ballots (A15).99

65.Can a voter whose ballot is rejected be issued a replacement ballot?No. No replacement ballot shall be issued a voter whose ballot is rejected by the PCOS.100

Election Offenses with respect to ballots:

1. use of ballots other than the official ballots101

2. use of ballots other that provided by the BEI

102

3. unauthorized printing

103

4. unauthorized distribution thereof

of ballots that appear as official ballots104

98




Batas Pambansa Blg. 881 (1985), Section 261 (z) (14).102



Batas Pambansa Blg. 881 (1985), Section 261 (z) (18).

ELECTION OFFENSE


33/125


66.May an illiterate and person with disability/disabled voter be allowed to be assisted byother persons?

Yes, provided that such fact is indicated in the Election Day Computerized Voters List

(EDCVL) or Voters Registration Record (VRR).

If so, he/she may be assisted in the preparation of his/her ballot. A person with physically

impaired capacity to use the AES may also be assisted in feeding his/her ballot into the

PCOS.105

67.Who can assist an illiterate and person with disability/disabled voters?The following can assist an illiterate and person with disability/disabled voter:

a. relative within the fourth civil degree of consanguinity and affinity;

b. any person of the voters confidence who belongs to the same household; or

c. any member of the BEI.106

All assistors must be of voting age.

107

The assistor must also be authorized by the voter to help him cast his vote.

108

68.May the same assistor help all the disabled voters in his precinct?No. Unless the assistor is a BEI member, he/she may only assistor up to three (3)

illiterate/disabled voters.109

69.What are the requirements before an assistor can help prepare ballots for illiterate andperson with disability/disabled voters?

The assistor must execute an oath in writing that he/she shall accomplish the ballot strictly

in accordance with the wish of the voter, and shall refrain from revealing the contents

thereof, by affixing his/her signature in the appropriate space in the Minutes.

In assisting the voter accomplish the ballot, the assistor shall use a ballot secrecy folder,

and shall accomplish the ballot strictly in accordance with the preference of the

illiterate/disabled voter.110

105

COMELEC Resolution No. 8786 (4 March 2010), Section 31 (1) and (2).106

COMELEC Resolution No. 8786 (4 March 2010), Section 31 (1).107






34/125


70.What is the procedure for preparing ballots for illiterate and person withdisability/disabled voters?

Ballots for illiterate and person with disability/disabled voters shall be prepared in the

following manner:111

Figure 4: Procedure in Assisting Disabled/Illiterate Voters

71. Is it possible for a precinct to run out of ballots with voters still remaining to vote?Yes.112

111



Poll clerk will

verifyauthority ofthe assistor

Assistor shallprepare (in

the presenceof the voter)

the ballotusing a ballot

secrecyfolder .

Assistor shallensure that

the contentsof the ballot

are notdisplayedduring the

feeding ofthe same into

the PCOS.

The assistorshall sign in

theappropriate

space in theMinutes.

Poll clerk must ensure

that the person voting

as illiterate and person

with disability/disabled

is indicated as such in

the EDCVL or VRR.


35/125


72.Can the voter still vote if his/her assigned precinct has run out of ballots? How?Yes. In such a case, the BEI Chairman shall observe the following steps:

a. Remove the sticker seal of the PCOS box and open the PCOS box;

b. Issue a Certification to the voter, which states that the voter is a registered voter of the

precinct, but there are no more available ballots with the precinct for use of the

affected voter;

c. Record such facts in the Minutes; and

d. Request the Third Member to accompany the voter to the next precinct belonging to

the same councilor district, where the affected voter shall cast his/her vote.

73. What will the BEI Chairman of the next precinct do in such case?The BEI Chairman shall113

b. Record in the Minutes the name of the voter, his precinct number, and the fact that aCertification has been issued by the Chairman of that precinct that there are no more

available ballots for use in such precinct;

:

a. Require the voter to present the Certification issued by the Chairman of the precinct

where the voter was originally assigned;

c. Write the name of the voter in the EDCVL indicating opposite such voters name thevoters original assigned precinct number;

d. Before issuing a ballot to the voter, remove the sticker seal of the PCOS box and openthe PCOS box; and

e. Ensure that the voter observes the proper procedure for voting.

74.How should a person conduct himself within the polling place during election day?Anyone within the voting premises and during election day must conduct himself in such

manner as would ensure that the election is conducted peaceably and orderly.

113COMELEC Resolution No. 8786 (4 March 2010), Section 37 (e).


36/125


37/125


VI. COUNTING OF VOTES

76.When and where should the BEI start counting the votes?As soon as the voting is finished, the BEI shall publicly begin counting the votes in the

polling place and ascertain the results.122

77. Can the BEI rearrange the physical set up of the polling place?The BEI may rearrange the physical set up of the polling place for the counting or any

other activity with respect to the transition from voting to counting but only in the

presence of the watchers and within close view of the public.

At all times, the ballot boxes and all election documents and paraphernalia shall be

within close view of the watchers and the public.123

78.Can the BEI transfer the place of counting?The COMELEC, may authorize the BEI to count the votes to another public building as

long as:

a. it is located in the same municipality or cityb. the public building is not located inside a military or police camp, or

headquarters nor within a prison or detention bureau or any law enforcement

or investigation agency124

c. the transfer is needed on account of imminent danger of widespread violenceor similar causes of comparable magnituded. the transfer is recommended in writing by the BEI by UNANIMOUSvote andendorsed in writing by the majority of watchers present.

79.What are the procedures to start the counting of the votes?

122Batas Pambansa Blg. 881 (1985), Section 206, as amended by Republic Act 9369 (2007), Section 35.



BEI shall perform

the closing function

of the PCOS

BEI shall connect the

transmission cable

function of the PCOS

The BEI shall enter the

iButton Security Key and

the PINs of the poll clerk

and the third BEI member.

The PCOS will

validate the PIN and

shall close the POLL.

The PCOS shall

automatically count

the votes .


38/125


80.What is the next step immediately after all the votes have been counted?After all the votes have been counted, the PCOS shall request if the BEI would like to

digitally sign the transmission files with a BEI signature key. The BEI shall select no

and the PCOS shall immediately print 8 Election Returns (ER) copies for National

Positions. The PCOS will then ask if the BEI would like to print more copies of the ER,

the BEI shall select no and the PCOS shall immediately print 8 ER copies for Local

Positions. The PCOS will then ask if the BEI would like to print more copies of the ER,

the BEI shall again select no.

81.What are the next steps after printing eight (8) copies of the ER?The BEI shall detach the 8 copies of the ER from the PCOS and the members of the BEI

shall affix their signatures and thumb marks thereon. The BEI shall ask the watcherspresent to affix their signatures on the printed ERs and place each copy of the ER in its

corresponding envelope and seal with a paper seal.

82.What are the next step after the ER has been signed and sealed?The BEI Chairman shall publicly announce the results. The poll clerk shall post the

second copy of the ER within the premises of the polling place/counting center which

must be accessible to the public.125

83.After the BEI Chairman publicly announces the total number of votes received by eachcandidate and the posting by the poll clerk of a copy of the ER, what are the next steps

of the BEI?

The BEI shall transmit the results.

84.What if a member of the BEI refuses to sign the ER?If any member of the BEI refuses to sign, the BEI Chairman shall note the same in each

copy of the printed ER. The member of the BEI concerned refusing to sign shall be

compelled to explain his or her refusal to do so. Failure to explain an unjustifiable

refusal to sign each copy of the printed ER by any member of the BEI shall be

punishable as provided under the law.126

125

COMELEC Resolution No. 8739 (29 December 2009), Section 38 (6) (b).126

Republic Act No. 8436 (1997), Section 22, as amended by Republic Act No. 9369 (2007), Section 19.


39/125


85.What happens if the PCOS fails to count the votes or transmit/print the results?The Operator shall announce the error and undertake the necessary corrective

measures. Should the Operator be unable to correct the error, he shall call on the

Technical Support personnel assigned to the Voting Center for assistance. Such factshall be noted in the Minutes.

86.What happens in case there are more votes than Voters?Votes in the precinct/clustered precinct corresponding to the number of voters who

actually voted, which shall not be more than the number of registered voters plus the

number of BEI members and their support staff as specified by the COMELEC, shall be

counted.127

87.What will happen if the BEI shall fail to deliver any of the election documents orparaphernalia required to be delivered?

The Provincial Election Supervisor, Election Officer or the Treasurer shall require the

BEI which failed to deliver the election documents or paraphernalia to deliver the same

immediately.

88.What will happen if the Ballot Box delivered by the BEI is not locked or sealed?In case the ballot box is not locked and/or sealed, the treasurer shall lock and/or seal

the ballot box and this shall be included in his report to the COMELEC.128

89.What happens if the PCOS fails to count the votes or transmit the results?In case a PCOS fails to count the vote or transmit the results, the Operator shall

announce the error and undertake the necessary corrective measures. Should the

Operator be unable to correct the error, he shall call on the Technical Support

personnel assigned to the Voting Center for assistance. Such facts shall be noted in the

minutes.129

127

General Policies, Rules and Guidelines (2009), Section 4 (1) (1).128

COMELEC Resolution No. 8739 (29 December 2009), Section 41 (d).129

COMELEC Resolution No. 8739 (29 December 2009), Section 38 (6).


40/125


90.Can a manual counting of votes be conducted?The COMELEC may resort to manual counting of the votes in case the automated

counting system fails.130

91.What are instances where a manual count should be conducted instead of usinganother PCOS machine?

In case the failure of the automated counting are not machine-related such as in the

case where the errors in counting were due to the misprinting of ovals and the use of

wrong sequence codes in the local ballots, which will certainly result in an erroneous

count and subvert the will of the electorate.131

130

Maruhom v. COMELEC, G.R. No. 139357, 5 May 2000.131

Tupay Loong v. COMELEC, G.R. No. 133676, 14 April 1999.


41/125


VII. ELECTION RETURNS

92.What is an election return (ER)?An ER is a document in electronic and printer form directly produced by the counting or

voting machine, showing the date of the election, the province, municipality and theprecinct in which it is held and the votes in figures for each candidate in a precinct in areas

where AES is utilized.132

93.At what point of the election process is an ER produced?An ER is produced after the BEI has undertaken the procedure to close the voting, for

counting of ballots and transmission of results.133

94.What is the procedure to be followed in (a) closing the voting and counting of ballots,and (b) printing and transmitting the ER?

The step-by-step procedure for (a) closing the voting and counting the ballots, and (b)printing and transmitting the ER are found below134

Press CLOSE VOTING

option in the Main Menu

Select the Yes option

when the ARE YOU

SURE YOU WANT TO

CLOSE THE VOTING?

prompt appears.

PCOS to request and

validate the PIN of the poll

clerk.

PCOS to request and

validate the PIN of another

poll clerk.

PCOS to display the

message: POLL IS

BEING CLOSED PLEASE

WAIT.

:

Figure 5: Closing the Voting and Counting the Ballots

132Republic Act No. 8436 (1997), as amended by Republic Act No. 9369 (2007), Section 2 (4).




42/125


43/125


95.What happens if the PCOS fails to count the vote or transmit/print the results?In these instances, the Operator shall announce the error and undertake the necessary

corrective measures. Should the Operator be unable to correct the error, he/she shall call

on the Technical Support personnel assigned to the Voting Center for assistance. Such fact

shall be noted in the Minutes. 135

96.How are the copies of ER distributed?After the printing of the ERs, the BEI shall individually fold the first eight (8) copies of the

ERs, seal each of them with serially numbered paper seals, place in the envelope (Election

Form No. A17), and seal the envelopes for distribution to the following: 136

Copy Election of the President,

Vice-President, Senators

and Party-list System

Copy Election of Local Officials and

Members of the House of

Representatives1st

City or municipal board of

canvassers

1st

City or municipal board of canvassers

2n

Congress, directed to the

President of the Senate

2n

COMELEC

3r

COMELEC 3r

Provincial board of canvassers

4t

Citizens' arm authorized by the

COMELEC to conduct an unofficial

count

4t

Citizens' arm authorized by the COMELEC to

conduct an unofficial count

5t

Dominant majority party as

determined by the COMELEC

5t

Dominant majority party as determined by

the COMELEC in accordance with law

6t

Dominant minority party as

determined by the COMELEC

6t

Dominant minority party as determined by

the COMELEC in accordance with law

7t

Ballot box 7t

One (1) to be posted conspicuously on a wallwithin the premises of the polling place or

counting center

8t

Provincial Board of Canvassers 8t

Ballot box

9t

to 18t

Ten (10) accredited major national

parties, excluding the dominant

and minority parties, in accordance

with a voluntary agreement

among them.

9t

to 18t

Ten (10) accredited major national parties,

excluding the dominant and minority parties,

in accordance with a voluntary agreement

among them.

19t

to

20th

Two (2) accredited major local

parties in accordance with a

voluntary agreement among them.

19t

to

20th

Two (2) accredited major local parties in

accordance with a voluntary agreement

among them.

21st

to

24th

Four (4) national broadcast or print

media entities as may be equitablydetermined by the COMELEC in

view of propagating the copies to

the widest extent possible

21st

to

25th

Five (5) national broadcast or print media

entities as may be equitably determined bythe COMELEC in view of propagating the

copies to the widest extent possible

25t

to Two (2) local broadcast or print 26t

to Two (2) local broadcast or print media

135COMELEC Resolution No. 8786 (4 March 2010), Section 40 (qq).



44/125


Copy Election of the President,

Vice-President, Senators

and Party-list System

Copy Election of Local Officials and

Members of the House of

Representatives

26t

media entities as may be equitably

determined by the COMELEC in

view of propagating the copies to

the widest extent possible

27t

entities as may be equitably determined by

the COMELEC in view of propagating the

copies to the widest extent possible

27t to

30th

Four (4) major citizens arms,

including the accredited citizens

arm and other non-partisan groups

or organizations enlisted by the

SEC pursuant to Section 52(K0 of

B.P. 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

28t to

31st

Three (3) major citizens arms, including the

accredited citizens arm and other non-

partisan groups or organizations enlisted by

the SEC pursuant to Section 52(K0 of B.P.

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

31st

One (1) to be posted conspicuously

on a wall within the premises of

the polling place or counting

center

97. What will the procedure be if the parties could not reach an agreement as to the copiesdistributed to the accredited major national and local parties?

If no such agreement is reached, the COMELEC shall decide which parties shall receive the

copies on the basis of the criteria provided in Section 26 of Republic Act No. 7166. 137

137Republic Act No. 8436 (1997), Section 22, as amended by Republic Act No. 9369 (2007), Section 21.

The following are the criteria provided in Section 26 of R.A. No. 7166

for choosing the parties

a. The established record of the parties, coalition of groups thatcompose them, taking into account, among other things,

their showing in past elections;

b. The number of incumbent elective officials belonging to themninety (90) days before the date of election;

c. Their identifiable political organizations and strengths asevidenced by their organized/chapters;

d. The ability to fill a complete slate of candidates from themunicipal level to the position of President; and

e. Other analogous circumstances that may determine theirrelative organizations and strengths.


45/125


98.Will a copy of the ERs be posted within the polling place or counting center? If so, whenshould such copy be posted?

Yes. After the PCOS has printed 8 copies of the ER both for national and local positions,

the poll clerk shall announce the posting of a copy of the second copy of the ER both for

national and local positions on a wall within the premises of the polling place/counting

center which must be sufficiently lighted and accessible to the public, and proceed to post

such copies.138

99.How long will such elections returns be posted?Said copies of the ERs will be posted for forty-eight (48) hours.139

100. Will the public be allowed to take photos the copy posted in the polling place orcounting center?

Yes. Any person may view or capture an image of the ER by means of any data capturingdevice like cameras, at any time of the day for 48 hours following its posting.140

101. Can the public request for copies of the ER?Yes. Additional copies not to exceed 30 may be printed and given to requesting parties at

their own expense.141

102. What happens after the 48-hour posting period?After the 48-hour period lapses, the BEI Chairman shall detach said ER from the wall and

keep the same in his custody to be produced as may be requested by any voter for imageor data capturing or for any lawful purpose as may be ordered by competent authority.142

138

COMELEC Resolution No. 8786 (4 March 2010), Section 40 (p).139

Republic Act No. 7166 (1997), Section 27, as amended by Republic Act No. 9369 (2007), Section 33; COMELEC Resolution No. 8786 (4

March 2010), Section 40 (q).140

Republic Act No. 7166 (1991), Section 27, as amended by Republic Act No. 9369 (2007), Section 33; COMELEC Resolution No. 8786 (4

March 2010), Section 40(q).141

Republic Act No. 7166 (1991), Section 27, as amended by Republic Act No. 9369 (2007), Section 33.142

Republic Act No. 7166 (1991), Section 27, as amended by Republic Act No. 9369 (2007), Section 33. COMELEC Resolution No. 8786 (4

March 2010), Section 40(q).


46/125


47/125


After the counting of votes, the Provincial Election Supervisor, Election Officer or the

Treasurer, shall require the BEI which failed to deliver the election documents or

paraphernalia immediately. The procedure for the delivery and transmittal of printed

copies of election returns are provided in Comelec Resolution No. 8803 promulgated on 16

March 2010.

104. What will the Election Officer do with the EDCVL and the PCVL?The Election Officer shall keep the EDCVL and the PCVL in a safe place until such time that

the COMELEC gives instructions on their disposition. 143

105. What should th

Date post:	04-Jun-2018
Category:	Documents
Upload:	sakuracardcaptor
View:	219 times
Download:	0 times

AES Handbook

Documents