Resolution No. 9640 - General Instructions for BEI on Testing and Sealing, Voting, Counting and Transmission of Election Results

Republic of the Philippines

COMMISSION ON ELECTIONS

Intramuros, Manila

RESOLUTION NO. 9640

General Instructions for the Board of Election Inspectors (BEI) on the Testing and Sealing, Voting, Counting, and Transmission of Results in Connection with the May 13, 2013 National and Local Elections

 [Promulgated: 14 February 2013] 

WHEREAS, in connection with the May 13, 2013 National and Local Elections, the Commission will adopt a paper-based automated election system by using Precinct Count Optical Scan (PCOS) Machines, which shall be deployed in all polling places nationwide;

WHEREAS, there is a need to provide rules and regulations on the process of testing and sealing, voting, counting and transmission of election results.

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 RESOLVED, as it hereby RESOLVES to promulgate the following rules and regulations on the process of testing and sealing, voting, counting and transmission of election results.

ARTICLE I

BOARD OF ELECTION INSPECTORS

SEC. 1. Board of Election Inspectors (BEIs); Constitution and appointment. - The Commission, through its Election Officer (EO), shall constitute not later than January 15, 2013, the BEI 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 BEI 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.

In all cases, the EO shall ensure that at least one (1) member of the BEI shall be an information technology-capable person trained for the purpose, and as certified by the Department of Science and Technology (DOST).

In case there are not enough public school 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. Qualifications of members of the BEI. - 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;

d) Has no pending case against him filed with the COMELEC or court for any election offense; and

e) Is able to speak, read and write English or the local dialect.

SEC. 3. Disqualification. - No person shall serve as chairman or member of the BEI if he or his spouse is related within the fourth civil degree of consanguinity or affinity to any member of the same BEI, or to any candidate to be voted for, or to the latter's spouse.  Violation of this provision shall constitute an election offense as provided in Section 261 (bb), sub-par (3) of the Omnibus Election Code.

SEC. 4. Notice of disqualification. - Any chairman or member of the BEI who is disqualified for any reason shall immediately notify the EO of such fact in writing, who shall in turn appoint a substitute.

SEC. 5. Temporary vacancies in the BEI. - If, at the time of the meeting of the BEI, any 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 said vacancy until the absent member appears.  In case there are two members present, they shall act jointly. 

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COMELEC Res. No. 9640 - GENERAL INSTRUCTIONS for the Board of Election Inspectors (BEI) on the Testing and... by Jess Villarin Quijano