Resolution No. 9016 - Filing of Request for Transfer of Polling Places

RESOLUTION No. 9016

 IN THE MATTER OF FIXING THE DEADLINE FOR THE FILING OF PETITION/REQUEST FOR TRANSER OF POLLING PLACES IN CONNECTION WITH THE OCTOBER 25, 2010 SYNCHRONIZED SK AND BARANGAY ELECTIONS

          WHEREAS, Section 153 of the Omnibus Election Code (OEC), provides in part that, “No location of polling place shall be changed within forty-five (45) days before a regular election and thirty (30) days before a special election or a referendum, or plebiscite, except in case it is destroyed or it cannot be used”;

          WHEREAS, for the upcoming Synchronized Sangguniang Kabataan and Barangay Elections to be held on October 25, 2010, the aforementioned prohibition will commence on September 10, 2010;

          WHEREAS, the Commission foresees several petitions/requests from the registered voters or political parties for the transfer of their polling places in connection with the SK and Barangay Elections;

          WHEREAS, in view of the timelines prescribed by the Commission in the performance of pre-election activities and other matters related thereto, the period, aforementioned can still be complied with.

          NOW, THEREFORE, the Commission, by virtue of the powers vested in it by the 19877 Constitution of the Republic of the Philippines, the Omnibus Election Code (OEC), R.A. 8436 and other Election Laws, RESOLVED, as it hereby RESOLVES, to fix the deadline for the filing of requests/petitions for transfer of polling places before the Election and Barangay Affairs Department (EBAD) on September 10, 2010.  Provided that if the request/petition is filed a week before the deadline herein set, the same will be automatically DENIED unless completely accompanied by the following, to wit:

A.    In case of a Petition by the majority of the registered voters in a precinct (Sec. 154 of OEC):

1.     A document showing that it is a petition for transfer of polling place from _________ (previous/former) to _________ (proposed), the precinct/s numbers affected as well as the signatures of the majority of the registered voters of said precinct/s; and,

2.     A Certification to attest to the fact that the names appearing therein are indeed bona fide registered voters in the precinct concerned.

B.   In case of an Agreement of the political parties:

1.     A Certification to attest to the fact that the political parties which participated in the Memorandum of Agreement (MOA) are indeed the only registered political parties (Sec. 154, OEC) in the City/Municipality where the polling place/voting center concerned is located; and

2.     A Certification coming from the political parties that indeed those who signed in the MOA is/are their duly authorized representatives.

No requests/petitions for transfer of polling place shall be entertained after the deadline, except in case/s where the existing polling place is destroyed or it cannot be used.

All Election Officers (Eos)/Acting Election Officers (AEOs) are hereby enjoined to conduct ocular inspection of the existing polling places/voting centers to determine their availability, accessibility and suitability in the forthcoming October 25, 2010 Synchronized Sangguniang Kabataan and Barangay Elections.

Let the Election and Barangay Affairs Department implement this resolution.

SO ORDERED.

JOSE A. R. MELO Chairman
RENE V. SARMIENTO Commissioner		NICODEMO T. FERRER Commissioner
LUCENITO N. TAGLE Commissioner		ARMANDO C. VELASCO Commissioner
ELIAS R. YUSOPH Commissioner		GREGORIO Y. LARRAZABAL Commissioner