COMELEC Resolution 10702 (2022)

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Republic of the Philippines

COMMISSION ON ELECTIONS
Manila

IN THE MATTER OF ABAS, SHERIFF M., Chairman


AUTHORIZING THE GUANZON, MA. ROWENA AMELIA V., Commissioner
OPENING OF BALLOT BOXES INTING, SOCORRO B., Commissioner
USED IN THE MAY 13, 2019 CASQUEJO, MARLON S., Commissioner
NATIONAL AND LOCAL KHO, ANTONIO JR. T., Commissioner
ELECTIONS, AND FEROLINO-AMPOLOQUIO, Aimee P. Commissioner
TRANSFERRING THE
CONTENTS THEREOF, FOR
USE IN THE MAY 09, 2022
NATIONAL AND LOCAL
ELECTIONS.
x----------------------------------x

Promulgated: March 10, 2021

RESOLUTION NO. 10702

WHEREAS, the Commission on Elections (Commission) is preparing for


the May 09, 2022 National and Local Elections.

WHEREAS, there is a need to open the ballot boxes currently in the


possession of the City/Municipal Treasurers containing election forms and
documents used in the May 13, 2019 National and Local Elections, and transfer
the contents thereof in order that said ballot boxes may be utilized for the May
09, 2022 National and Local Elections;

NOW, THEREFORE, the Commission on Elections, by virtue of the powers


vested in it by the Constitution, the Omnibus Election Code and other election
laws, RESOLVED, as it hereby RESOLVES to AUTHORIZE the opening of ballot
boxes used in the May 13, 2019 National and Local Elections, and transfer the
contents thereof in order that the same may be used in the May 09, 2022
National and Local Elections, subject to the following procedures and conditions,
to wit:

1. The ballot boxes to be opened should not be involved in any election


protest or official investigation;
2. Each city/municipality where the ballot boxes are to be opened shall be
undertaken by the City/Municipal Treasurer and the City/Municipal
Election Officer (EO). At least five (5) calendar days before the scheduled
opening of ballot boxes, the City/Municipal Treasurer shall send written
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notices as to the day, time and place of the opening of the ballot boxes to
the City/Municipal EO, local representative/s of political parties, citizens’
arms and the local government unit concerned, and shall post said notices
in the bulletin boards of their respective offices and that of the
city/municipal hall;
3. The City/Municipal EO or his/her authorized representative shall be
present during the opening of the ballot boxes.
4. Each Provincial Election Supervisor (PES) shall:
a. Receive and collect the City/Municipal Inventory Report (here
attached as Form 1) from the City/Municipal EOs and Treasurers
upon completion of the proceedings;
b. Prepare a Provincial Summary Report (here attached as Form 2) on
the total number of the ballot boxes opened and submit the same to
the Administrative Services Department (ASD), copy furnished their
respective REDs, via the fastest means of communication available,
or via electronic email ([email protected]), within three (3)
working days after the complete submission of reports; and
c. Perform such other duties/functions as may be prescribed by the
Commission.
5. The City/Municipal Treasurer and City/Municipal EO shall:
a. Conduct the opening of the ballot boxes within their respective
cities/municipalities in accordance with the procedures herein
provided;
b. Maintain order within the place where the opening of ballot boxes
shall be conducted and its premises; keep access thereto open and
unobstructed; and enforce obedience to its lawful orders. If any
person shall refuse to conduct himself in an orderly manner in its
presence or within its hearing thereby interrupting or disturbing its
proceedings, the City/Municipal Treasurer or EO may issue an order
in writing directing any peace officer to take such person in custody
until adjournment of the proceedings. Such order shall be executed
by any peace officer to whom it may be delivered, but if none is
present, by any other person deputized by the City/Municipal
Treasurer or EO in writing;
c. Strictly observe the minimum health and safety standard for COVID
– 19 imposed by the Inter- agency Task Force (IATF) during the said
activity, such as: a. physical distancing; b. wearing of face masks
and shield; c. frequent disinfection of hands with 70% alcohol; d.
accomplishment of health declaration form. Participating observers
may be limited, in view of the size of the venue to ensure the
observance of physical distancing; and

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d. Perform such other functions/duties as may be prescribed by the
Commission.
6. In the opening of ballot boxes, the City/Municipal Treasurer and EO shall:
a. Examine, before opening the ballot box, the physical condition of the
same, as well as those of the locks or locking mechanism thereof.
The ballot boxes that are more damaged and appear to be unfit to
be reused shall be used as the Storage Ballot Box;
b. Open the ballot boxes one at a time. For every four (4) ballot boxes,
the City/Municipal Treasurer and EO shall select one (1) ballot box
from among the four (4) which shall serve as the Storage Ballot Box.
The Storage Ballot Box shall contain the contents of all four (4) ballot
boxes;
c. The ballot box shall then be opened and its contents shall be
wrapped in Kraft paper or any other appropriate materials to ensure
that the contents of the ballot boxes are not mingled with one
another. Each package shall be labeled properly showing which
precinct said package belongs; the official ballots need not be
counted individually;
d. When all the contents from the other ballot boxes are placed inside
the Storage Ballot Box, the latter shall be secured with two (2)
COMELEC padlocks and two (2) serially numbered security seals.
In the event that padlocks or seals are not available, the Storage
Ballot Box may be sealed with a packaging/masking tape, which
shall bear the signatures of the witnesses present;
e. For purposes of immediate identification, the City/Municipal
Treasurer and EO shall likewise label and indicate outside the
Storage Ballot Box the corresponding precincts contained therein;
f. The Inventory Report shall be signed by the City/Municipal
Treasurer and EO, and if present, by the representatives of political
parties and citizens’ arm. The Inventory Report shall be
accomplished in four (4) copies, to be distributed as follows:
1. Copy for the City/Municipal Treasurer;
2. Copy for the City/Municipal EO; and
3. Copy for the PES;
4. Copy for the RED.
g. Interested parties may reproduce the Inventory Report at their own
expense; and
h. The Storage Ballot Boxes and the emptied ballot boxes shall remain
under the custody of the City/Municipal Treasurer concerned, until
further orders from the Commission.

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7. The proceedings shall be public and shall be held in the place, date and
time as indicated in the Notice. It shall be conducted during office hours
and shall be completed on or before April 30, 2021.
8. The ASD shall monitor, collate and submit reports to the Steering
Committee relative to the conduct of the opening of ballot boxes in
coordination with the PES concerned. The Regional Election Directors
(REDs) shall also monitor and ensure compliance with the procedures for
the opening of ballot boxes and the timely submission of the reports.

The Administrative Services Department, the concerned REDs, PESs and


EOs shall implement this resolution.

SO ORDERED.

SHERIFF M. ABAS
Chairman

MA. ROWENA AMELIA V. GUANZON SOCORRO B. INTING


Commissioner Commissioner

MARLON S. CASQUEJO ANTONIO T. KHO, JR.


Commissioner Commissioner

AIMEE P. FEROLINO-AMPOLOQUIO
Commissioner

CERTIFICATION

APPROVED by the Commission En Banc on March 10, 2021 pursuant to


COMELEC RESOLUTION NO. 10671 entitled: “Supplemental Resolution to
COMELEC Resolution No. 9936 promulgated March 25, 2015 entitled, “Rule on
the Enactment and Promulgation of Executive or Administrative Resolutions
providing for other format of meetings to include online meetings applicable in
times of the COVID-19 pandemic and the imposition of Community Quarantines
and similar emergency situations.”

ATTY. CONSUELO B. DIOLA


Acting COMELEC SECRETARY

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