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Comelec gave 29th copy of ER to more than one organization (LENTE then KBP) on day of election

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  • 8/9/2019 Comelec gave 29th copy of ER to more than one organization (LENTE then KBP) on day of election

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    Republic of the PliilippinesCOMMISSION O N ELECTIONS

    ManilaIN THE MATTER OF THE LETTER Chairman lose A. R. ~ e l o \REQUEST OF LEGAL NETWORK FOR ReneV. SarmientoCommissionerTRUTHFUL ELECTIONS (LENTE) Commissioner Nicodemo T. FerrerLucenitoN. TagleTHAT THEY BE ENTITLED TO THE commissioner Armando C. Velasco29T" COPY OF THE ELECTION Commissioner Elias R. YusophRETURNS TO BE PRINTED BY THE Gregorio Y. LarrazabaPRECINCT COUNT OPTICAL SCANMACHINES FOR THE MAY 10, 2010NATIONALAND LOCAL ELECTIONS Promulgated: M Q ~ot2010

    RESOLUTION NO. 88954This pertains to the Memorandum dated April 27, 2010 of

    Commissioner Armando C. Velasco, forwarding the letter of Atty. Rosario T.Setias-Reyes, counsel for Legal Network for Truthful Elections (LENTE),

    requesting that LENTE be entitled to the 23"' copy of the election returns to be Iiprinted by the PCOS machines for the May 10, 2010 National and Local IElections.

    The Memorandum of Commissioner Velasco is hereunder quoted, towit:

    "Repec@llyfonuarded, for considerotion by the Commission en banc, isthe attached letter of Atty. Rosario T. Setias-Reyes, counsel or Legal Network forTr ut hf il Elections (LEN TE) , requesting that L EN TE be entitled to the 2Yh opyo f the election returns to bep rin ted by the PCOS machines&r the May 10, 201 0Nati ona l an d Local Elections.

    Section 1 9 of Republic Act N o. 936 9, am ending Section 22 of Republic 3'Act No. 8436,providesI

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    Page 2 of 3

    . Th e twenty-seventh to the thirtieth copies, to the majorcitizen j arms, including the accredited citizen i arm, and othernon-partisan groups or [organizations] enlisted by theComm ission pursuant to Section 52 (k ) of Batas Pambansa Big.881. Such [citizens' arms], groups and [organizations] may use' the fou r cerLj9ed copies of election returns for the con duct ofcitizens' quic k counts at the local or national levels.. .In view of the accr edi tath of LE NT E and other organizations

    as citizen i ar m of the Com mission, the Undersigned respec@lly suggeststha t this m atter be taken up vis-2-vis the foregoing statutory provision sonr to clan5 the issue of entitlement to the twenty-seventh to thirtiethcopies of the election returns .

    Thank you. "The letter of counsel for LENTE, Atty. Setias-Reyes is

    hereunder quoted to wit:

    "Th is refers to the Decision dated Apri l 16, 2 0 1 0 granting the Petition forAccreditation o f the Legal Network for Truthfil Elections (LENTE) as anational citizens'arm deputized to assist the C O M EL EC in ensuring clean,honest and orderly elections.In its Petition, L EN TE sought C OM EL EC nccreditation with the ollowingspec$c authorities:

    n. To con duct voters' educa tion on th e legal issues i n prepara tion for anyand all electoral exercises, in general, and in the forthcoming 2 0 10elections, i n particular.

    b To observe and monitor the legal aspects o f the forthcom ing automa tedelection system in M ay 10 , 20 10.

    c. To prov ide legal assistance to nl l non-pa rtisan groups engaged in electionmonitorin g activities and in relation to irregularities in the conduct of theelections such as violations of election lnws and other maters that mayarise in the election process that require legal intervention or assistance; c 'and

    d. To acquire o n e of the two copies of the printed election returns,specijcally the 2Yhcopy as well as the audit log of each of the PrecinctCou nt Optical Scan (PC OS) machine;

    In its Decision, the Honorable Commission sustained the allegations of L E N T Eandgranted i t authority tope form ,the duties of a national citizens'arm.Th e decision, however, was silent, which may have been due to inadvtrtence, onthe issuance of th e 2Yh opy of the election return in L EN TE ifav or. With out thecrucial copy of the election return, LE N T E would not be able to e8cientlyperj4orm its&nctions as a citizens'arm and as apar tner o f the HonorableCommission in monitoring the conduct of the May 10 ,2 01 0 national and localelections.W e hus urgently request that the Deckio n be corrected accordingly.Thankyou very much."d'

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    Page 3 of 3 1

    Considering that LE NT E has been accredited as citizens' arm ,o f thisCommission pursuant to its resolution in SPP No.10-008 entitled, "IN RE:PETITIO N F OR ACCREDITATION AS CITIZENS' AR M F O R T H E2010 NATIONAL AN D L O C m ELECTIONS, LEGAL NETWOR K F ORTRUTHFUL ELECTIONS (LENTE), Petitioner." promulgated April 26, ,I2010, the Commission RESOLVED, as i t hereby RESOLVES, to grant therequest of LENTE for a copy of the Election Returns pursuant to Section

    y i

    19(13) of Republic Act No. 9369 aforequoted.Let the Deputy Executive Director for Operations implement this

    Resolution.

    S O O R D E RE D .

    Chairman /

    Comnzissioner ,

    M nzzs~zoner

    cc: ChairmanAll Co~nrnissio~lersExecutive DirectorDeputy Executive Director for

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    Republic of the PhilippinesCOMMISSION ON ELECTIONS

    Intramuros,Manila

    IN THE MATTER OF THEACCREDITATION OF THEKAPISANAN NG MGABRODKASTER NG PILIPINAS (KBP)AS THE MEDIA ORGANIZATIONENTITLED TO RECEIVE 2 9 t hCOPY OF THE ELECTIONRETURNSx - - - - - - - - - - - - - - - - - - - - - - - - X

    Chairman Jos e A. R. MeloCommissionerCommissionerCommissioner Lucenito N. TaCommissionerCommissioner Elias R. YusoCommissioner

    \Promulgated: M" I O , ~ O I O ~ $E'RESOLUTION NO. g597&

    This pertains to the Apri l 30, 2010 Letter of the Kapisanan ng mtjaBrodkaster ng Pi l ipinas (KBP) for accreditat ion as the media organizat ionenti t led to receive copies of the elect ions returns and the unoff ic ialtabulat ion in connection wit h the May 10, 2010 National and Local Elections.

    , I IThe Letter of th e KBP reads: 1I

    "I n connection with the accreditation of the Kapisanan Ng Mga Brodkasterng Pilipinas (KBP) as the Media Organization entitled to receive copies of theelection returns and the unofficial tabulation thereoc we are pleased to informthe H~n~orableommission that we have activated all of our chapters andrnembeh, as well as affiliate media organizations and volunteers, for thepurpose of retrieving from the polling centers the Election Returns (hardcopies) generated from the PCOS machines after close of the precincts.Our media personnel and volunteers who,will retrieve the election returns willbe given our authorization letters to be presented to the Board of Inspectors - '(format enclosed for your reference) ..Your usual k ind attention shall be appreciated."

    The Commission RESOLVED, as it hereby RESOLVES, t o g ran t t hereq ue st-of he Kapisanan ng mga Brodkaster ng Pi l ipinas (KBP) as the Media'organizat ion ent i t led to receive copies of the elect ion returns and the

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    unofficial tabu lation in conne ction w ith the May 10, 2010 N ational and LocalElections.

    Let th e Supervisory C ommit tee im plement th is resolution.

    SO ORDERED.

    chairman /

    Commissioner

    cc: ChairmanCommissionersExecutive DirectorDepu ty Executive Director for OperationsSupervisory Com mitteew


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