Comelec Resolution No. 8786 - Revised General Instructions For The Board of Election Inspectors For Voting, Counting, Transmission of Results

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Republic of the Philippines

COMMISSION ON ELECTIONS
Manila

REVISED GENERAL INSTRUCTIONS MELO, Jose A.R., Chairman


Commissioner -

u"
FOR THE BOARD OF ELECTION SARMIENTO, Rene V.,
INSPECTORS (BEI) ON THE FERRER, Nicodemo T., Commissioner
VOTING, COUNTING, AND TAGLE, Lucenito N., Commissioner
VELASCO, Armando C., Commissioner
TRANSMISSION OF RESULTS I N
CONNECTION WITH THE .I0 MAY YUSOQH, Elias R., Commissioner G;
2010, NATIONAL AND LOCAL LARRAZABAL, Gregorio Y., Commissioner, $,

-
ELECTIONS.

Promulgated: mar a h 4,2070


7.B
$<

RESOLUTION NO. 8y86

WHEREAS, on December 29, 2009, the Commission on Elections promulgated

I Resolution No. 8739 entitled "General Instructions for the Board of Election Inspectors

1 (BEI) On the Voting, Counting and Transmission of Results I n Connection With the May
10, 2010 National and Local Elections;

WHEREAS, there is a need to amend or revise portions of Resolution No. 8739


in order to fine tune the process and address procedural gaps;

NOW THEREFORE, pursuant to the powers vested in it by the Constitution, the


Omnibus Election Code, Republic Act No. 9369, and other election laws, the Commission
on Elections HEREBY 'RESOLVES to promulgate, the following Revised General
Instructions for the Board of Electioti Inspectors (BEI) on the Voting, Counting, 'and

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Transmission of Results-
E4I General Instructions for May 10, 2010 National and Local Elections

ARTICLE I
BOARD OF ELECTION INSPECTORS

SEC. 1. Board of Election Inspectors (BEI); constitution and


appointment. - The Commission on Elections, through its Election Officer, shall
constitute not later than January 8, 2010, the BE1 for each precinct/clustered precinct -

from the list of all public school teachers submitted by the Department of Education's
(DepEd) highest official within the city/municipality/school district.

The BE1 shall be composed of a Chairman and two (2) members, one of whom
shall be designated as poll clerk, and all of whom shall be public school teachers, giving
preference to those with permanent appointment and those who served in the
immediately preceding National and Local Elections.

I n all cases, the Election Officer shall ensure that at least one (1) member of the
BE1 shall be an information technology-capable person as certified by the Department
of Science and Technology (DOST) after the training of the same.

In case there are not enough public sch001 teachers, teachers in private schools,
employees in the civil service, or citizens of known probity and competence who are
registered voters of the city or municipality may be appointed as members of the BEI;
provided, that the chairman shall be a public school teacher.

SEC. 2. Qualifiations of members of the BEL - No person shall be


appointed as chairman or member of the BEI, whether regular, substitute or temporary,
unless he:

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
punishable by more than six (6) months of imprisonment;
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B i l General Instructior~sfor blay 10, 21110National and Local Electioris

d) Has no pending case against l ~ i mfilecl in COMEI..EC/col.rl-t for any election


offense; and

I e) I s able t.o specll;, read ancl write Englisl I or tlie local clialect.

SEC. 3. Di.qna/ificafion.- I\,lu person.sliall set-ve,as chairman or rne1.1.1ber


of
tlie BE1 if he or his spo~rseis I-elated within the fo~:lrt:Iicivil degree of consanguiniby or
affinity to any n~eniberof the same BE1 or to any candidate to be votecl for or to the
latter's spouse. violation of 1-his provision shall constitilte an eleclic-)n offense as
provided in Section 261 (1-)I)),sill)-pal- (3) of ttre Omnibils Election Code.

- Any chairman
SEC. 4, Notice of r/kqi~alificatinn~ 01: men-~berof tl-le RE1
who is disqualified for arty reason sl~allimrnecliately notify the Election Officer of sr~cli
fact: in writing, who shall in turn, appoint a slrbstitr-lte.

I S E C . 5 . Tentporary vacancies in the BE11 - If, at t l x t.ime of the meeting of

I the BEI, any meml~eris absent or a vacancy exists, tlie members present shall call ul-~nli

I a sirbstitute from the list of p ~ l l ~ lschool


ic teacher-s s~lbmitteclby the DepEd to perfor.ni

I the duties of tlie absent nietnbel.. I f none is available, the members presel-it sllall

I appoint any qilalifiecl non-partisan registered voter of tlle precinct to telnporarily fill said
vacaricy until the absent member appears. I n case there are two members present,
they shall act jointly.

SEC. 6 . A r m t ~ o absent
f n~enrbers.- The member or members of the RE1

I present may order the arrest of any member who, in his or their judgment, has
absented himself with I-he intention of ohstr-lrcting tlie performance of the clrrties of Ilte
BEI.

and oath of mer~rberso f the BEL


S EC. 7 . Appoj~rtfl7e~it - Tlie Election
Officer shall acconiplisli the form 1731.the Al~puintmentof the Chairman and embers of
the 13EI (A5) in three (3) co~ies,and require the chairman atid niembers of the BE1 to
affix their signat~lresand imprints of their right tl1~1n7bson t.lie Oath of Office (AS-A)
of office. (As revi5ec/),
before him before assr~n~ption
'I,/
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~ $ General
1 Instructions for May 10, 2010 National and Local Elections

Copies of the Appointment and Oath (A5 & A5-A) shall be distributed, as follows:
(A& revised)

a) The first and second copies shall be retained by the Election Officer. One
copy shall be for his file and the other shall be attached to the payroll for payment of
C

honorarium of the BEI; and


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

SEC. 8. Minutes of Testing and Sealing; Voting and Counting (Minutes).


- The BE1 shall enter in the Minutes (All), the act or data therein required as they
occur or become available during voting, counting, and transmission of results. Copies
thereof shall be sealed in separate envelopes, to be distributed as follows: (As
re vised)
a) First copy, to the Election Officer, who shall transmit it to the Election
Records and Statistics Department (ERSD) in Manila; and
b) Second copy, to be deposited inside the compartment of the ballot
box. (As revised)

SEC. 9. Support Staff -There shall be in addition to the regular members of


the BE1 depending on the number of precincts clustered, a maximum of three (3)
support staff, who are registered voters in the precinct/clustered precinct where they
are assigned. They shall be appointedldesignated by the Election Officer, subject to
the qualifications and conditions provided under Sections 2, 3 and 7 hereof, in such
manner as indicated below:

CLUSTER

4 2
5,6 and 7 3
:, I ~hGeneral Instructionsfor May 10, 2010 National and Local Elections

They can neither participate in any deliberation of the BE1 nor vote on any issue
or question that may arise during the proceedings.

In case of absence of all or any of the support staff on the day of the election,
the BEI, by majority vote, may designate any registered voter in the
precinct/clustered precinct as substitute, subject to the provisions of Sections 2, 3 & 7 -
hereof. Such fact shall be recorded in the Minutes.

SEC. 10. Powers and functions o f t h e BEI. - The BE1 shall have the
following powers and functions:

a) Conduct the voting in the polling place and administer the electronic counting
of votes;

b) Print the election returns and transmit electronically the election results,
through the use of the PCOS machine, to the:

I i. CityJMunicipal Board of Canvassers; (Renumbered)


ii. Central Server; and(As revised)

iii. Dominant majority party, dominant minority party,


accredited citizens' arm and KBP. (As revised)

c) Act as deputies of the Commission in the conduct of the elections;

d) Maintain order within the polling place and its premises; keep access thereto
open and unobstructed; enforce obedience to its lawful orders and prohibit
the use of cellular phones and camera by the voters. I f any person refuses to
obey the lawful orders of the BE1 or conducts himself in a disorderly manner
in its presence or within its hearing and thereby interrupts or disturbs its
proceedings, the BE1 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 such written order shall be attached to the Minutes; and (As
revised)
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B ~ General
I Instructions for May 10, 2010 National and Local Elections

1 e) Perform such other functions prescribed by law or by the rules and


regulations promulgated by the Commission.

SEC. 11. Proceedings of the BEI. - The meeting of the BE1 shall be public and
shall be held in the polling place designated by the Commission.

The BE1 shall act through its chairman and shall decide by majority vote, without
delay, all questions, which may arise in the performance of its duties.

SEC. 12. Voting Privilege of the Members of BEL - Members of the BE1 who are
registered voters in precincts other than where they are assigned, may avail of the
Local Absentee Voting, or 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
assignments is light, and their absence shall not be for more than twenty (20) minutes.
For this purpose, they shall schedule their voting so that only one member of the BE1
shall leave at any one time. (As revised)

SEC. 13. Prohibition against political activity. - No member of the BE1 or


its support staff shall engage in any partisan political activity or take part in the election
except to discharge his duties as such and to vote.

SEC. 14. Honoraria of the BE1 and their support staff; /Deped
Supervisor and their support staff. - The chairman and members of the BE1 shall
each receive an honorarium of three thousand pesos (P3,000.00). I n addition, each
shall receive P500.00 for the Inspection, Verification and Sealing of Book of Voters;
P500.00 for the Testing and Sealing of Machines; P300.00 for one-time transportation
allowance and service credits for three days of service (day before the elections,
election day and day after elections). (As revised)
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General Instructions for May 10, 2010 Nat~onaland Local Elections

Support Staff shall receive an honorarium of P1,500.00 each and service credits
for three (3) days of service (day before the elections, election day and day after
elections). (As revised)

There shall be at least one (1) DEpEd ~ u ~ e r v i s Official


or with one (1) s ~ ~ ~ o r t
staff for every polling center. - I n case of polling centers with more than ten (10)
clustered precincts, an additional DepEd supervisor official with one (1) support staff
shall be constituted, as follows: (New)

I No. of clustered precincts I No. of DepEd Supervisor Official I No. of support staff I
11-20 2 2
21-30 3 3
... and so on

The DepEd Supervisors, in coordination with the Election Officer, shall, among
other things:

a) Plan, organize and supervise the setting-up of a voter assistance center at the
polling center to assist voter in locating their polling places;

b) Plan, organize and supervise the crowd management at the entrance areas of
polling places;

c) Maintain a list of technical personnel as well as PNP and AFP personnel in the
polling centers for efficient coordination in case of need; and

d) Serve as the contact and point person of the EO-in the polling center;

The Support Staff of the DepEd Supervisor shall assist the latter in undertaking
the abovementioned functions.

Supervisors for ten clustered precincts shall receive an honorarium of P3,000.00


and service credits for three (3) days of service (day before the elections, election day,
and day after elections) ; while their support staff shall receive an honorarium of
P1,500.00 and service credits for three (3) days of service (day before the elections,
election day, and day after elections) (New)
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I! General Instructions for May 10, 2010 National and Local Elections

The COMELEC shall allocate the amount of Thirty Million Pesos (P30,000,000.00)
for election-related death or injuries that may be sustained by DepEd employees in the
performance of election duties. Provided that in case of death while in the performance
of election duties, the heirs of the deceased official/employee shall be given the amount
of Two Hundred Thousand Pesos (P200,000.00). (As revised)

ARTICLE I1
WATCHERS

S EC. 15. Omcia/ watchers of candidates, po/itica/ parties and other


groups. - Each candidate and registered political party or coalition of political parties
duly registered with the Commission and fielding candidates in the election, as well as
duly accredited citizens' arms may appoint two watchers, to serve alternately, in every
polling place. However, 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 Commission shall be entitled to appoint a
watcher in every polling place. +Othercivil, professional, business, service, youth, and
any other similar organizations, with prior authority of the Commission, shall be entitled
collectively to appoint one watcher in every polling place.

If, because of limited space, all watchers cannot be accommodated in the polling
place, preference shall be given to the watchers of the dominant majority and dominant
minority parties as determined by the Commission and the watcher of the citizens' arm,
with the latter being given preferential position closest to the BE1 I n case there are
two or more citizen's arm, the one authorized by the Commission to conduct an
unofficial count shall be given preference. (As revised)
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1. Elk1 General Instructions for May 10, 2010 National and Local Elections

SEC. 16. Qua/ifcafions of watchem- 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 of the prevailing local
dialect; and

e) Is not related within the fourth civil degree of consanguinity or affinity to the
chairman or to any other member of the BE1 in the polling place where he
seeks appointment as watcher.

SEC. 17,Rights andduties of watchers- Upon entering the polling place, the
, watchers shall deliver to the chairman their appointments as watchers, and their names
shall forthwith be recorded in the Minutes with a notation under their signatures that
they are not disqualified to serve as such under the immediately preceding Section. The
appointments of the watchers shall bear the signature of the candidate or duly
authorized representative of the party, organization or coalition that appointed them.
For this purpose, at least fifteen (15) days before election day, independent candidates,
registered parties, organizations, or coalitions authorized by the Commission to appoint
watchers shall provide the Election Officers concerned with the names and signatures of
their representatives authorized to appoint watchers in the city or municipality.

The watchers shall have the right to:

I a) Witness and inform themselves of the proceedings of the BEI;

b) Take note of what they may see or hear;

c) Take photographs of the proceedings and incidents, if any, during the voting,
counting of votes, as well as of the generated election returns and of the
ballot boxesm
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B ~ General
I Instructions for May 10, 2010 National and Local Elections

d) File a protest against any irregularity or violation of law which they believe
may have been committed by the BE1 or by any of its members or by any
person; and

e) Obtain from the BE1 a certificate as to the filing of such protest and the
resolution thereof.

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

The watchers representing the dominant majority and dominant minority


parties fielding candidates and the watcher of the citizens arm shall, if available, affix
their signatures and thumbmarlts in the election returns.

ARTICLE I11
ELECTION FORMS AND SUPPLIES

SEC. 18. Election forms, documents and supplies. - Except when


authorized to do so earlier by the Commission, the BE1 shall get the forms, documents
and supplies early in the morning of election day. The City/Municipal Treasurer shall
distribute the following forms, documents and supplies per precinct/clustered precincts.

FROM THE CITYIMUNICIPAL TREASURER

RATE OF
CEF NO. DESCRIPTION
DISTRIBUTION
ELECTION FORMS
poster Indicating the Clustered Precincts'
A3 Numbers 1 Piece
A6 Official Ballots 1 pc. per voter
A12 Paper Seal 75 Pieces
A14 certificate of Receipt of Official Ballots, 3 Pieces
Other Forms and Supplies by BE1 .
A27 Official Receipt of Election Returns , 30 Pieces
ENVELOPES FOR VOTING AND COUNTING
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BE1 General Instr~lctionsf o ~flay 111, 2010 Flat~onaland I ocal Elecllons

ballots , I-ialfof Torn Unuseci 3 Pieces


Official ballots anil Otl-~erI-lalf of 7-01-11

I OTIiER ENVELOPES
For Main Mernory Card, i-brltton Seci~rily
I(ey, PT[\lls,Initialization Report, Atidit
L.ogL and Precinct Stat,isticalR e p- -t- hiece --.-- -. . --
.

8.

Appointment of Cliairman/Poll
--
Certificate of Cl.~allerigeor Protest ancl

- A40 Oath of Identification


-- of Challengecl Voter
-
SUPPLIES - --
Bond P a ~ r o ! j g )
I
Secrecy 1-older --
Th~~mhprint Talter
, , cster ,

A .- -.-
~ e-a--
- l ' w--i-t hSteel Wire for-
-- - Ballot
- .-
Box - Piece
1 -- .- -
Indelible Stain Jnlc 2 Bottles per precinct

cltlstel
Instrtrction to ~ ; L r s
- . .
Marking pens 1 Rox/es

--
(As reviser/)

I
FROM THE ELECTION OFFICER
----.-.----

a) Boolc of Voters;

b) One ( I ) copy of the . Precinct Coinp~~terizetl


Voters List (PCVI.) and
supplemental PCVI-, if any, for posting o~ltsidethe precinct;

c) Two (2) copies of Elei:l:ion Day Compctterized Voters List (EDCVL/ ([List of
Voters with Voting Record) and s~.lpple~-~lent:al
EDCVL, if any; ant1
BE1 General Instrtrctions for Flay I n , 2010 National and I.ocal Elections

cl) Copies of appoint me^ 11. and Oat11 of ilffice of the HEJ anti Si~ppo~l:
Slaff (A5 &

Tlie Bool< of Voters sho~llrlIle dilly sealed. The PCVl- and EDCVl shor~ltlall I>e
c l ~ l ycerlifiecl by Ihe Elecl~~-)n
RegisIration [3clar(l.

The poll clerl:, (.I-~il-rll anrl Il . 1 s11ilpnt-t


iiice1111~e1- ~ staff, if i?'l.)y, shall have custody of
the Book of' Voters and one (1) r:ol~y(7f the EDC\JI..

The RE1 sllall r-al-ef~lllychecl* [lie cliffe~enl-election forn~s, clocrrments anrl


supplies and the qlrantily arhlally rereiverl. T l ~ eBET st~allsign a Cellificate of Receipt
(A14) in tliree copies, ille original of whir711 shall be deliverecl lo tlie CitylMrlnicipal
Treasurer, who shall transmit the same tn tlie Er{SLl, c'hmelec, Manila, immerlialely
afler election day. (A5 revised]

SEC. wherr rreeded. - The following fill-rns


19. Forrtls Po be rej~rodl~cerl
may be reprocluced when needed:

a) l'emporary Appointment of Cliairmal poll Clel-I</Meml-~er


(Annex "A");

I)) Certificate of Challenge or Prol.est and Decision of the BET (Allnex


" B"1;

c) 0al:h of Vol:el- Cliallengecl for Illegal Arts (Annex "C"); and

d) Oath To Tclentify A Cliallengecl Voter (Annex "D").

ARTICLE TV
DATE, TIME AND PLACE OF VOTING

SEC. 20. Date uFelectiotr, - TI-~eelection sllall I)e Ilelcl on May 10, 2010.

SEC. 21. Voting honrs. - The casting of votes 51- all start aL seven o'clock in
the morning and sl-iall end at six o'clocl<in tl.~eevening of election day.
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BE1 General Instructions for May 10, 2010 National and Local Elections

I f at six o'clock there are still voters within thirty (30) meters in front of the
polling place who have not yet cast their votes, voting shall continue but only to allow
said voters to cast their votes without interruption. The poll clerk shall, without delay,
prepare a complete list containing the names of said voters consecutively numbered.
The voters listed shall be called to vote by the poll clerk by announcing each name ?

three (3) times in the order in which they are listed. Any voter in the list who is not
present when called shall not be allowed to vote at any later time. The said list shall be
submitted to the Election Officer.

SEC. 22. Place of voting, - Voters shall cast their votes in the polling place
designated by the Commission. The poster indicating the clustered precinct number
(A3) shall be prominently posted near or at the door of the polling place.

SEC. 23. Who may vote. - All registered voters whose names appear in the
Posted Computerized Voters List (PCVL) or EDCVL, or whose registration records have
not been cancelled or deactivated, may vote in the election.

SEC. 24. Challenge against illegal voters. - Any voter or 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.

I n such case, the BE1 shall satisfy itself as to whether or not the ground for the
challenge is true by requiring proof of registration, identity or qualification. The BE1
shall identify the voter through his photograph, fingerprint, or specimen signatures in
the VRR or EDCVL. I n the absence of any of the above-mentioned proof of identity,
any member of the BE1 may identify under oath a voter, and such act shall be reflected
in the Minutes.

SEC. 25. Challenge based on certain illegal acts. - Any voter or wa'tcher
may challenge any voter offering to vote on the ground that hem
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BE1 General Inshuctions for May 10, 2010 National and Local Elections

a) Received or expects to receive; paid, offered or promised to pay, contributed,


offered or promised to contribute money or anything of value as
consideration for his vote or for the vote of another; or
b) Made or 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.
I n such case, the challenged voter shall take an oath before the BE1 that he has
not committed any of the acts alleged in the challenge. Upon taking such oath, the
challenge shall be dismissed and the voter shall be allowed to vote. I n case the voter
refuses to take such oath, the challenge shall be sustained and the voter shall not be
allowed to vote.

SEC. 26. Record of chal/eitges and oaths. .- The BE1 shall record in the
Minutes all challenges and oaths taken in connection therewith and its decision in each
case.

SEC. 27. Rules to be observed during the voting. - During the voting, the
BE1 shall see to it that:

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 BEI, 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;

d) There shall be no crowding of voters and disorderly behavior inside the


polling place; and

e) The ballot box shall remain locked during voting.

SEC. 28. Persons allowed inside the pol/ing place. - Only the following
persons shall be allowed inside the polling place:

a) Members of the BE1 and support staff, if any;


.d
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I
BE1 General Instructions for May 10, 2010 National and Local Elections

b) Watchers who shall stay only in the space reserved for them;
c) Representatives of the Commission;

d) Technical support staff assigned in the voting center duly designated by the
Commission who may be summoned by the BE1 in order to address some
technical problems;

e) Voters casting their votes;

f) Voters waiting for their turn to cast their vote;

g) Other persons who may be specifically author ized by the Commission.

SEC. 29. Persons not allowed to enter the polling place. - Unless
specifically authorized by the Commission, it is unlawful for the following to enter any
polling place or stay within a radius of fifty (50) meters thereof, except to vote:

a) Any officer or member of the Armed Forces of the Philippines or the


Philippine National Police; (Renumbered)

b) Any peace officer or any armed person belonging to any extra-legal police
agency, special forces, reaction forces, strike forces, Civilian Armed Force
Geographical Units, baragay tanods or other similar forces or para-military
forces, including special forces, security guards, special policemen;
(Renumbered)

c) All other kinds of armed or unarmed extra-legal police forces; and


(Renumbered)

d) Any barangay official, whether elected or appointed. (Renumbered)

However, the BE1 may, by a majority vote, if it deems necessary, order in writing
the detail of a policeman or any peace officer for its protection or for the protection of
the election documents and paraphernalia. Such order shall be entered in the Minutes.
Said policeman or peace officer shall stay outside the polling place near enough to be
easily called by the BE1 at anytime. I n no case shall the said policeman or peace officer
15
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BE1 General Instructions for May 10, 2010 National and Local Elections

hold any conversation with any voter or disturb or prevent or in any manner obstruct
the free access of the voters to the polling place.

SEC. 30. Prohibition on voting. - I t shall be unlawful for a voter to:


a) Bring the ballot, ballot secrecy folder or marking pen outside of the polling
t

place;

b) Speak with 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;

d) Fill his ballot accompanied by another, except in the case of an illiterate or


person with disability/disabled voter;

e) Erase any printing from the ballot, or 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;

g) Intentionally tear or deface the ballot; and

h) Disrupt or attempt t:o disrupt the normal 'operation of the PCOS.

SEC. 31. Preparation of ballots for illiterate and person with


disabilify/disabled voters. - No voter shall be allowed to vote as illiterate or person
with disability/disabled unless such fact is indicated in the EDCVL or VRR. I f so, he may
be assisted in the preparation of his ballot, by any:

a) Relative within the fourth civil degree of Consanguinity and affinity; or (As
revised)

b) Any person of his confidence who belongs to the same household; or

c) Any member of the BEI. (As revised)


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: , : I : :
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BE1 General Instructions for May 10, 2010 National and Local Elections

A person with physically impaired capacity to use the AES may also be assisted in
feeding his ballot into the PCOS. The assistor shall ensure that the contents of the
ballot are not displayed during the feeding of the same into the PCOS.

All assistors must be of voting age.

No person may assist an illiterate or person with dis'ability/disabled voter more .


than three (3) times, except the members of the BEI.

I n all cases, the poll clerk shall first verify from the illiterate or person with
disability/disabled voter whether the latter had authorized the assistor to help him to
cast his vote.

The assistor shall, in the presence. of the illiterate or person with disability/
disabled voter, prepare the ballot using a ballot secrecy folder.

The assistor shall bind himself in writing and under oath to fill the ballot strictly
in accordance with the instructions of the voter and not to reveal the contents thereof,
by affixing his signature in the appropriate space in the Minutes.

SEC. 32. Accessibility of polling place to person with disabi/iiy/


disabled voters. - All polling places of precincts where there are persons with
disabilityJdisabled voters shall be located at the ground floor of the voting centers,
unless not feasible. For this purpose, the EOs shall coordinate with the proper school or
building officials.

SEC. 3 3. Prohibition against premature announcement of voting, -


During the voting, no member of the BE1 shall make any announcement as to whether
a certain registered voter has already voted or not, as to how many have already voted
or how many so far have failed to vote or any other fact tending to show or showing
the state of the polls; nor shall he make any statement at any time, except as witness
before a court or body as to how many persons voted
.a
BE1 General Instructions for May 10, 2010 National and Local Elections

ARTICLE V
PROCEDURES OF VOTING, COUNTING OF VOTES
AND TRANSMISSION OF PRECINCT RESULTS

SEC. 34. Prefiminaries to the voting. - The BE1 shall meet at the polling -
place at six o'clock in the morning of Election Day and ensure that the PCOS box and
the ballot box are inside the polling place. (As revised)

a) Post one copy of PCVL of each precinct in the cluster, near or a t the door of
the polling place; (As revised)

b) Show to the public and the watchers present that the: (As revised)

i. PCOS box is sealed;


ii. Ballot box is locked and empty;
iii. Package of official ballots and the Book of Voters are both
duly sealed, and thereafter, break the seals.

c) Remove the sticker seal of the PCOS box; (As revised)

d) Open the PCOS box; (As revised)

e) Check whether the following are inside the PCOS box: (As revised)
i. Checklist of contents of the box;
ii. PCOS machine;
iii. Power cord of the PCOS;
iv. One (1) envelope containing spare iButton;
v. Three (3) rolls of official thermal paper;
vi. Three (3) PINSof the BEI;
vii. One (1) PIN for re-zeroing which shall remain in the PCOS box;
viii. Modem, if any*
ix. Two (2) copies of the Minutes
..
* There shall be at least one (1) Modem in every polling center.
, -t$. .
18
BEI General Instructionsfor May 10, 2010 National and Local Elections

f ) Retrieve the Minutes from the PCOS box and: (As revised)

:I. Check if the serial number of the seal used in the PCOS box
is the same as the serial number recorded in the Testing and
Sealing of the Minutes;

ii. Enter in the Minutes the number of ballots as indicated in


the package of the ballots; and the fact that the PCOS box,
package of ballots, and the Book of Voters were shown to
the public with the seals intact.

g) Retrieve the PIN of the BE1 and distribute the same among themselves. The
re-zero PIN shall not be used on election day; (Asrevisedj

h) Retrieve the PCOS from its box; (As revised)

i) Show to the public that the printer cover of the PCOS, slots labeled POLL
WORKER and ADMINISTRATOR where the main memory card and back-up
memory card, respectively are stored, and sealed;(As revised)

j) Unlock the sliding cover of the ballot box slit and break its plastic security
seal; (As revised)

k) Place the PCOS properly on top of the ballot box; (Asrevised)

I) Break the plastic fixed length seal of the printer cover of the PCOS; (As
re vised)

m) Open the printer cover and the Chairman shall take out the iButton security
key; (As revised)

I n) Verify that the roll of paper is already properly installed; (As revised)

o) Close the printer cover; (As revised) 4


(As revised)

q) P lug the other end to the electrical outlet; (Asrevised)

r) Connect the battery to the PCOS DC power port (12 VDC). I f there is no
power, using a pen, press the RESET button located at the top of the PCOS
AC power port; (As revised)

s) Wait until the PCOS displays the message "PLEASE INSERT SECURITY KEY
FOR AUTHENTICATION"; (As revised)

t) 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.; (As revised)

u) The certified IT-capable member of the BE1 shall perform the following
procedures: (As revised)

i. Select "OPEN VOTING" from the Main Menu;

ii. The PCOS shall then request for the PIN of the poll clerk
who will then enter his PIN and press "ENTER";

iii. Validate the PIN and display a messag'e "PIN ACCEPTED";

iv. Request for the second PIN from the the third member
who will then enter his PIN and press "ENTER;

v. Validate the PIN and display a message "PIN ACCEPTED".


4
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BE1 General Instructions for May 10, 2010 National and Local Elections

vi. Display two (2) options: "INlTIALIZE VOTE COUNTERSrr


and "PREVIOUS SCREENrr;

v) Press the "INITIALIZE VOTE COUNTERSr' option of the PCOS. The PCOS
shall : (As revised)

i. Display the message "IN?JIALIZING VOTE COUNTERSrr;

ii. Automatically print the Initialization Report showing zero


("Or') vote for each candidate including the geographic
information (province, city/municipality, barangay, voting
center and individual precinct in the cluster);

iii. After printing the Initialization Report, the PCOS will display
the message, "WOULD YOU LIKE TO PRINT MORE COPIES
OF THIS REPORT?" with "YESrt and 'NOrt options. Press
"NOrr. The PCOS will display the message "PLEASE INSERT
BALLOTrr. Now, the PCOS is ready to accept ballots.

I w) Detach the Initialization Report, affix their signatures thereon including the
representatives of the political parties, candidates or citizens arms present;
(As revised)

x) The Chairman shall then place the Report inside the envelope (Al8-A) for
submission to the Election 0fRcer.after the voting, for his safekeeping. (As
re vised)

1 SEC. 35. Manner of obtaining ballots, - The voter shall:

a) Look for his name in the PCVL posted near the door of the voting center and
determine his precinct number and sequence number; (Renumbered)
+
I

BE1 General Instructions for May 10, 2010 National and Local Elections

b) Approach the BE1 member or the support staff in-charge of the precinct, give
his sequence number in the PCVL, name and address, together with the other
data concerning his person; (Renumbered)
c) The BE1 or the support staff shall verify if the name of the voter is in the
EDCVL. I f the name of the voter is in the EDCVL, his identity shall then be
established through the following: (Renumbered)
i. His photograph in the EDCVL or specimen signatures in the
Voters Registration Record (VRR) or any authentic
document which may establish his identity except
barangay certificate or community tax certificate; or
ii. I n the absence of any of the above-mentioned proof of
identity, any member of the BE1 or any registered voter of
the precinct/clustered precinct may identify under oath a
voter, and such act shall be reflected in the Minutes.
iii. I f the BE1 or support staff is satisfied with his identity, the
name of the voter shall be distinctly announced in a tone
loud enough to be heard throughout the polling place.
Otherwise, the voter shall be directed to leave the polling
place after informing him the reason thereof. I f the voter
is not challenged, or having been challenged, the question
has been decided in his favor, the voter shall be directed
to the chairman of the BEI.

d) Before giving the ballot to the voter, the chairman of the BE1 shall: (As
revised)

i. Check if any of the fingernails of 'the voter has already


been stained wlth indelible ink. I f stained, it shall be a
conclusive presumption that he has already cast his vote.
As such, the voter shall be directed to leave the polling
place after informing him the reason thereof. This fact,
including the name and the precinct of the voter, shall be
recorded by the Poll Clerk in the Minutes; (Renr~mbered)
22
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I
BE1 General lnstructlons for May 10, 2010 Nahonal and Local Elechons

ii. After verifying that no fingernail has been stained, affix his
signature in the EDCVL; (Renumbered)

+ iii. Authenticate the ballot by affixing his signature at the


designated space at the front thereof. (Renumbered)

The failure to authenticate the ballot shall not invalidate


the ballot but shall constitute an election offense,

iv. Instruct the voter on how to fill-up the ballot properly.


(Renumbered)
v. Insert the ballot in the 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. (Renumbered)
Only the chairman shall issue the official ballots, and not
more than one ballot shall be issued at one time.
vi. Require the voter to affix his signature on the proper space
in the EDCVL. (Renumbered)

SEC. 36. Manner of voting, - Voting shall be conducted in the following


manner:

a) The voter shall, using a ballot secrecy folder and the marking pen provided by
the COMELEC, fill his ballot by fullv shadina the oval beside the names of
the candidates and political party participating in the party list system of
representation of his choice; (Renumbered)

b) The voter shall then approach the PCOS, insert his ballot in the ballot entry
slot and wait until message "CONGRATULATIONS. YOUR VOTE HAS BEEN
REGISTERED." appears on the screen. The BE1 shall monitor the PCOS screen
to make sure that the ballot was successfully accepted. Thereafter, the voter
d
23
I

BE1 General Instructions for May 10, 2010 National and'~ocalElections

shall return the ballot secrecy folder and marking pen to the chairman; (As
re vised)

c) The BE1 shall apply indelible ink at the base and extending to the cuticle of
the right forefinger nail of the voter, or any other nail if there be no forefinger
nail; (Renumbered)
C

d)The voter shall affix his thumbmark on the corresponding space in the
EDCVL; and (Renumbered)

e) The voter shall then leave the polling place. (Renumbered)

SEC. 37. - I n case the official ballots of


Shortage of ballots; Proced~~re.
a precinct have all been used up and there are still voters registered in the precinct
waiting to cast their votes, the Chairman shall: (New)

a) Do steps (c) to (d) under Section 34 hereof;.

b) Issue a Certification to the voter, stating that he is a registered voter o f the


precinct, but there are no more available ballots for use;

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 he shall cast his vote.

e) The Chairman of the precinct where the voter iS directed to vote shall:

i. Require the voter the Certification issued by the


Chairman of his precinct;

ii. Record in the Minutes the name of the voter, his precinct

number and the fact that a Certification by the Chairman


4
I BE1 General Instructions for May 10, 2010 National and Local Elections

of the precinct that there are no more available ballots

thereat;

iii. Write the name of the voter in the EDCVL indicating


opposite his name his precinct number; and

iv. Before issuing a ballot to the voter, observe Steps (c) to


(d) of Section 34 and ensure that the voter observes
procedure under Section 35 hereof.

SEC. 38. Rejected ballots; Procedure. - Ballots may be rejected by the


PCOS during the scanning. There will be three (3) different types of messages when
the PCOS rejects a ballot. For each message, the BE1 shall observe the following
procedures: (As revised)

a) "AMBIGUOUS MARK"
i. Let the voter review his ballot and ensure that the ovals
opposite the names of candidatelparty voted for are fully
shaded.
b) "MISREAD BALLOTrr - let the voter re-feed the ballot in 4 different orientations
of ballot.
c) "INVALID BALLOT"
i. Verify if the ballot belongs to the precinct. I f the ballot
belongs to another precinct, the voter shall return the
ballot to the Chairman who shall proceed to Steps 4 and 5
hereof;

ii. I f the ballot belongs ,to the precinct, let the voter re-feed
the ballot in 4 different orientations.

I d) I n all cases, if the PCOS rejects a ballot, the voter shall return the ballot to the
Chairman who shall:
4
B E General Instructions for May 10, 2010 National and Local Elections

i. Distinctly mark the back thereof as "REJECTED,";

ii. Require all members of the BE1 to sign at the back thereof, and place
inside the Envelope for Rejected Ballots (A15).

e) No replacement ballot shall be issued to a voter whose ballot is rejected by the


-,

PCOS;

f ) Any party objecting to the rejection of the ballot shall reduce his objection in
writing, which the BE1 shall attach and note in the Minutes.

SEC. 39. Disposition of unusedballots. - After the voting, the chairman in


the presence of the BE1 shall: (Renumbered)

a) Record in the Minutes the quantity of unused ballots; (Renumbered)


b e a-..'t h e unused ballots in half lengthwise; (Renumbered)
c) place one half in the envelope (A15), and submit to the EO for safekeeping;
and (Renumbered)
d ) Place the other half in another envelope (A15), and then deposit inside the
compartment of the ballot box for valid ballots. Such facts shall be entered in
the Minutes. (Renumbered)

SEC. 40. Counting of ba/lots and transmission of results; Procedure,


(Renumbered) (As revised,?

a) A t the-+-end of voting and before the start of counting of votes, the Chairman
shall place the iButton security key on top of the iButton security ltey
receptacle and apply slight pressure thereon. Remove the iButton security key
from its receptacle, after which the PCOS will display the Main Menu;
. -.
b) Press the "CL~SE!VOTIN& option in the Main Menu;
'I -

c) 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;
-4 26
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BE1 General Instructionsfor May 10, 2010 National and Local Elections

I
d) 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 and displays a message
"PIN ACCEPTED". 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 displays a message "PIN ACCEPTED"; 3

e) The screen will display a message "POLL I S BEING CLOSED PLEASE WAIT"
followed by another message "VOTING HAS BEEN CLOSED NO MORE
BALLOTS WILL BE ACCEPTED BY THIS PCOS";

f) Thereafter, the PCOS shall automatically count the votes and immediately
display a message "WOULD YOU LIKE TO DIGrrALLY SIGN THE
TRANSMISSION FILES WlTH A BE1 SIGNATURE KEY?", with a "YES" or 'NO"
option;

g) Press "NO" option. The PCOS will display "ARE YOU SURE YOU DO NOT
WANT TO APPLY A DIGlTAL SIGNATURE?" with a "YES" and "NO" option;

h) Press "YES" option. A message shall be displayed "PRINTING 8 COPIES OF


NATIONAL RETURNS. PLEASE WATT";

i) A message shall be displayed 'WOULD YOU LIKE TO PRINT MORE COPIES


OF THIS REPORT" with a "YES" and "NO" options. Press "NO" option;

j) Thereafter, the PCOS will display 'PRINTING 8 COPIES OF LOCAL RFTURNS.


PLEASE WA IT..." the PCOS automatically prints the 8 copies;
and

k) A message shall be displayed "WOULD YOU LIKE TO PRINT MORE COPIES OF


THIS REPORT" with a "YES" and "NO" options. Press 'NO" option;

I) Detach the 8 copies of the ERs. After which, members of the BE1 shall affix
their signatures and thumb marks thereon;

I rn) The BE1 shall ask the watchers present to affix their signatures on the printed
,. i

BE1 General Instructions for May 10, 2010 National and Local Elections

n) Place each copy of ER in its corresponding envelope and seal with a paper
seal;

o) The chairman of the BE1 shall publicly announce the total number of votes
received by each 'candidate, stating their corresponding offices;

p) The poll clerk shall announce the posting of a 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;

q) After forty-eight (48) hours following the posting, the chairman of the BE1
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 or data
capturing or for any lawful purpose as may be ordered by competent
authority;

r) The PCOS will display a message "READY TO TRANSMIT. PLEASE PLUG IN


TRANSMISSION CABLE TO ELECTRONICALLY TRANSMIT ELECTION REPORTS
AND PRESS OK TO CONTINUE";

s) Connect the transmission medium to the PCOS and press the 'OK" button;

t) The PCOS will display a message "DETECTING MODEM";

u) I f the modem is properly connected, the PCOS will display the message
"MODEM DETECTED";

v) I f checking of modem fails, the PCOS will display the message "MODEM NOT
DETECTED followed by the message "TRANSMISSION CABLE NOT
CONNECTED. RETRY?" with "YES" and 'NO" options. Check the connection of
the transmission medium to the PCOS and if it is properly set up, press the
"YES" buttonm
4
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BE1 General Instructions for May 10, 2010 National and Local Elections

w) I f after three (3) attempts, the transmission medium still fails, call the Support
Technician.

x) The PCOS will display the following messages in succession;

i. "IDENTIFYING TARGET SERVER'<target server>


"

ii. "SERVER IDENTIFIED"


<

iii. "CONTAmNG SERVER <target server> RETRIES <no. of


tries/3 > ";

iv. TRANSMlTl-ING FILE [1/1] TO <target server>" with


percentage of completion

y) Wait until the message "ELECTION REPORT SUCCESSFULLY TRANSMTITED


TO <target server>" is displayed;

The same message will appear when transmitting to central server and KBP-
Parties-Citizen server.

z) After successful transmission to MBOC, KBP-Parties-Citizens and Central


Server, the PCOS will display a message "ALL ELECTION REPORTS HAVE BEEN
SUCCESSFULLY TRANSMIITED TO 313 LOCATIONS. PLEASE DISCONNECT
TRANSMISSION CABLE";

aa)Disconnect the transmission medium. The PCOS will display a message


"PRINTING TRANSMISSION REPORT. PLEASE WATT ...." Followed by a
message "WOULD YOU LIKE TO PRINT MORE COPIES OF THIS REPORT" with
"YES" and "NO" options. Press 'NO" option;

bb)The PCOS will display a message "READY TO PRINT FINAL 22 COPIES OF


ELECTION RETURNS. PLEASE REPLACE THERMAL PRINTER PAPER ROLL.
PRESS OK WHEN READY" with "OK" button;

cc) Replace thermal printer paper roll and press "OK" button.
4
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BE1 General Instructions for May 10, 2010 National and Local Electlons

dd)The PCOS shall display the message "PRINTING 22 COPIES OF NATIONAL


RETURNS. PLEASE WAIT" followed by the message "WOULD YOU LIKE TO
PRINT MORE COPIES OF THIS REPORT?" with a "YES" and "NO" option. Press
"NO" option;

ee)The PCOS display the message "PRINTING 22 COPIES OF LOCAL RETURNS. '?:

PLEASE WAIT" followed by the message "WOULD YOU LIKE TO PRINT MORE
COPIES OF THIS REPORT?" with a "YES" and 'NO" option. Detach the printed
22 copies of Local Returns and press "NO" option;

ff) The PCOS shall display the message 'PRINTING STATISTICAL REPORT
PLEASE WAIT" followed by the message "WOULD YOU LIKE TO PRINT MORE
COPIES OF THIS REPORT?" with a "YES" and "NO" option. Detach the printed
Statistical Report and press 'NO" option;

gg)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. Detach the printed Audit
Log Report and press 'NO" option;

The Statistical Report, Transmission Report and Audit Log report shall be
placed in the envelope (A18-A) where the Initialization Report was placed;

hh)The PCOS shall automatically create back-up of files;

ii) After printing the remaining 22 copies of ER, the members of the BE1 shall
affix their signatures and thumb marks on the 22 printed ERs and ask the
watchers present to affix their signatures on the printed election returns;

jj) I f failure of transmission occurs in any of the target servers (CityfMunicipal,


KBP-parties-citizens arm server, or central server), the PCOS will print
Transmission Report.

1 kk)The PCOS will display a message "WOULD YOU LIKE TO PRINT MORE COPIES
OF THIS REPORT" with "YES" and "NO" option. Press "NO" option;
3 30
.I" BE1 General Instructions for May 10, 2010 National and Local Elections
'

II) The PCOS will display the ~ a i Menu;


n

mm)The certified IT-capable member of the BE1 shall re-transmit the results to
the target server by doing the following:
-
i. Press "RE-TRANSMIT RESULTS" option located in the Main
Menu. List of target servers will be displayed;

ii. Press the target server to transmit;

iii. Wait until the transmission is successful. I f after three (3) attempts,
the transmission medium still fails, call the Support Technician;

iv. Repeat Steps i to iii, if there are more than one (1) target servers,
where there are transmission failure.

nn) Print the remaining 22 copies of ER and other reports by doing the following:
i. Select "PRINT REPORTS" from the Main Menu;
ii. The PCOS will display a message "PLEASE SELECT WHICH
REPORT YOU WOULD LIKE TO PRINT";
iii. List of reports will be displayed. Press the report that you would
like to print;
iv. The PCOS will display "PLEASE ENTER THE NUMBER OF COPIES
TO PRINT" with a numeric keypad;
v. Press the desired number of copies (For ERs, press 22, for
statistics report and audit log, press 1);
vi. Press "ENTER button. The PCOS will automatically print the
vi. number of copies desired for the report selected;

vii. The PC05 will display a message ""WOULD YOU LIKE TO PRINT
MORE COPIES OF THIS REPORT" with "YES" and "NO" option.
Press "NO" option. The PCOS will display the main menu'
..q
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BE1 General Instructions for May 10, 2010 National and Local Elections

viii. Print 22 copies of ER for local, Statistical Report and Audit Log
Report by following steps (nn) (i) and (ii);
00) Create backup of files by following the steps below:
i. From the Main Menu, press "BACK-UP AND PROTECT" 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 "NO" options. Select "YES" option;
iii. The PCOS will display a message "BACKING UP ELEmON DATA.
PLEASE WA IT..."Wait until the message "BACKUP SUCCESSFUL" is
displayed;
iv. The PCOS will display a message "WRITE PROTECTING RESULTS
PLEASE WAIT..." Wait until the message "WRITE PROTECT
SUCCESSFUL" The PCOS will automatically return to Main Menu.
pp) Unless otherwise ordered by the Commission, the BE1 shall not stop or
postpone the counting until it has been completed;

qq) I n case a PCOS fails to count the vote or transmitlprint 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 fact shall be noted in the Minutes.

.SEC. 41. Disposition of Election Returns -After the printing of the election
returns, the BE1 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 envelopes, for distribution to the following: (As revised)

a) I n the election of president, vice-president, senators and party-list system:

i. City or Municipal Board of Canvassers;

ii. Congress, directed to the President of the Senate;

iii. Commission;
4
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BE1 General Instructions for May 10, 2010 National and Local Elections

iv. Citizens' arm authorized by the Commission to conduct an unofficial


count;

v. Dominant majority party as determined by the Commission in


accordance with law;

vi. Dominant minority party as determined by the Commission in


accordance with law;

vii. Ballot box;

viii. Provincial Board of Canvassers;

ix. Ten (10) accredited major national parties, excluding the dominant
majority and minority parties, in accordance with a voluntary
agreement among them. I f 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.

x. Two (2) accredited major local parties in accordance with a


voluntary agreement among them. I f no such agreement is
reached, the Commission shall decide which parties shall receive
the copies on the basis of criteria analogous to that provided in
Section 26 of Republic Act No. 7166;

xi. Four (4) national broadcast or print media entities as may be


equitably determined by the Commission in view of propagating
the copies to the widest extent possible

xii. Two (2) local broadcast or print media entities as may be equitably
determined by the Commission in view of propagating the copies
to the widest extent possible;

xiii. 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
4
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I .
BE1 General Instructions for May 10, 2010 National and Local Elections

881. Such citizens' arms, groups and organizations may use the

I four certified copies of election returns' for the conduct of citizens'


quick counts at the local or national levels; and

xiv. One (1) to be posted conspicuously on a wall within the premises


of the polling place or counting center.
*

b)In the election of local officials and members of the House of


Representatives:

i. City or Municipal Board of Canvassers;

ii. Commission;

iii. Provincial Board of Canvassers;

iv. Citizens' arm authorized by the Commission to conduct an


unofficial count;

v. Dominant majority party as determined by the Commission in


accordance with law;

vi. Dominant minority party as determined by the Commission in


accordance with law;

vii. One (1) to be posted .conspicuously on a wall within the premises


of the polling place or counting center;

viii. Ballot box;

ix. Ten (10) accredited major national parties, excluding the


dominant majority and minority padies, in accordance with a
voluntary agreement among them. I f 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;

I x. Two (2) accredited major local parties in accordance with a


I '

BE1 General Instructions for May 10, 2010 National and Local Elections

reached, the Commission shall decide which parties shall receive


the copies on the basis of criteria analogous to that provided in
Section 26 of Republic Act No. 7166;

xi. Five (5) national broadcast or print media entities as may be


equitably determined by the Commission in view of propagating
the copies to the widest extent possible;

xii. Two (2) local broadcast or print media entities as may be


equitably determined by the Commission in view of propagating
the copies to the widest extent possible;

xiii. Three (3) 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

SEC. 42. Shutting Dorvn of the PCOS. - After the printing of all reports and
transmission of precinct results to all destinations, the PCOS shall automatically display
the main menu. The operator shall then press the SHUTDOWN option, and the PCOS
automatically shutdown. (As revised)

SEC. 43. Disposition of PCOS, ballot boxes, keys, Election Returns and
other documents. - Upon the termination o f ' the counting of votes and the
announcement of the results of the election in the precinct, the BE1 shall:

a) Place inside the ballot box the sealed envelopes containing the following: (As
revised)
i. Copy of Printed ER intended for the ballot box;
ii. Copy of the Minutes of Testing and Sealing; Voting and Counting of
Votes intended for the ballot box;
iii. Half of torn unused ballots; and
4 35
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BE1 General Instructionsfor May 10, 2010 National and Local Elections

iv. Rejected Ballots.

b) Close the ballot box; lock it with one (1) serially numbered seal with steel wire
and three (3) padlocks. The three (3) keys to the padlocks shall be placed in
separate envelopes, which shall be sealed and signed by all members of the
BEI; -

~ c) Remove the main memory from the PCOS, place inside an envelope provided
for the purpose, seal the same. Label the envelope with "TFWNSMIlTED" or
"NOT TRANSMITTED" to show whether the results ,are transmitted or not.
Indicate in the envelope the clustered precinct number and city/municipality.
The labeled envelope shall be submitted to the Reception and Custody Group
of the CityJMunicipal Board of Canvasser. The main memory shall be used by
the Boards in case of failure of transmission;

- d) Turn -over the PCOS to the Support Technician in the voting center;

e) Deliver the ballot box, accompanied by watchers, to the city or municipal

I treasurer;

For this purpose, the city/municipal treasurer shall provide at the voting center
the necessary personnel and facilities for said delivery at the expense of the
city/municipality.

I n case the ballot box delivered by the BE1 is not locked and/or sealed, the
treasurer shall lock and/or seal the ballot box. The treasurer shall include such
fact, including the serial number of the self-locking serially numbered fixed
length seal used, in tiis report to the Commission.

f) Deliver to the Election Officer the following:

i. Book of Voters;

ii. EDCVL;
I1 " BE1 General Instrlictions for May 10, 2010 National and Local Elections

"
iv. Three (3) envelopes, each containing a key to a padlock of the
ballot box, which shall each be delivered, under proper receipt, to
the Provincial Election Supervisor, Provincial Prosecutor and
Provincial Treasurer;

v. Envelope ( A l l ) containing the copy of the Minutes intended for


-
the Commission;

vi. Envelope (A15) containing the other half of torn unused official
ballots;

1 vii. List of Voters allowed to vote, if any, after 6:00 o'clock in the
evening of May 10, 2010;

viii. Envelope containing Initialization Report, Precinct Audit Log


Report and Precinct Statistics Report;

ix. The envelopes containing copies of the election returns intended


for the Provincial Board of Canvassers, Regional Board of
Canvassers and the Commission on Elections; and

x. The envelope containing the main memory card for use by the
MBOC in case of failure of transmission;

I xi. Other pertinent papers and documents

After the counting of votes, the Provincial Election Supervisor, Election Officer
{EO) or the Treasurer, shall require the BE1 which failed to deliver the election

I documents or paraphernalia mentioned herein to deliver the same immediately.

ARTICLE V I
COMMON PROVISIONS

SEC. 44. Preservation of the list of voters. - m e EO shall keep the EDCVL
and PCVL in a safe place until such time that the Commission gives instructions on their
I
. ,8 . .

,
;. . .i- . .. ;, &A&&'

BE1 General Instructions for May 10, 2010 National and Local Elections

SEC. 45. Omission or erroneous inclusion of documents in ballot box. -


I f aRer locking the ballot box, the BE1 discovers that some documents or articles
required to be placed in the ballot box were not placed therein, the BEI, instead of -
opening it to place therein said documents or articles, shall deliver the same to the
Election Officer. The Election Officer shall take appropriate measures to preserve the
integrity of the documents.

I n 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 and with prior written
aut.hority of the Commission to retrieve copies of the election returns which will be
needed in any canvasS. I n such instance, the members of the BE1 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 which
car1 be used in the canvass, 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.

SEC. 46. Special pmcedures. - The express provisions of this Resolution


notwithstanding, the Commission may, in exceptional cases, adopt special procedures in
the voting, counting, consolidation, transmission, storage, custody, distribution and
retrieval of accountable forms and paraphernalia to fulfill its constitutional mandate to
ensure free, orderly, honest, peaceful and credible elections.

SEC. 47. Repealing clause. - This Resolution shall repeal Comelec Resolution
No. 8739 promulgated on December 29,2009. (New)
4
BE1 General Instructions for May 10, 2010 National and Local Elections , ,

t SEC. 48. Effectivity.- This Resolution shall take effect on the seventh

I (7m)day after its publication in two (2) daily newspapers of general circulation in
the Philippines.

*
SEC. 49. Publication and dissemination Let, the Education and
F
Information Department, this Commission, cause the publication of this Resolution .+

in two (2) daily newspapers of general circulation in the Philippines and furnish
copies thereof to all Regional Election Directors, Provincial Election Supervisors,
Election Officers and Boards of Election Inspectors. (Renumbered)

SO ORDERED.
n

r
-
i
NICO MO
L Commissioner Commissioner

On O f f i e i a l B u s i n e s s
ARMAND0 C. VELASCO
Commissioner

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