VOTER REGISTRATION in the ARMM for the August 8 ARMM Elections - Part 6

SEC. 22. Approval or disapproval of applications. - The ERB of the city/municipality shall hear the applications and, by majority vote, approve or disapprove the same in accordance with the schedule provided in Section 2 hereof.  Should one day be insufficient for the proceeding of all accepted applications, the ERB shall meet daily until all applications shall have been processed, but not beyond three (3) days, and subject to the following guidelines:

Number of Applications	Number of day(s) ERB Hearing
Less 1,000	One (1)
1,000 up to 2,000	Two (2)
Above 2,000	Three (3)

If the ERB disapproves the application, the applicant shall be furnished with a certificate of disapproval stating the ground(s) therefor.

After meeting, the ERB shall prepare in Six (6) copies the Minutes of the Proceedings which include, among others, the following:

1. Number of all applicants submitted to the Board for consideration;
2. List of applicants whose application for registration/transfer (within and from outside)/deactivation/correction of entries/ change of name/reactivation/inclusion/reinstatement of record, was approved or disapproved by the Board indicating the application number opposite their names.

The EO concerned shall, within five (5) days from the last day of hearing of the ERB, distribute copies of the Minutes to the following:

1. Two (2) copies to the Office of the Provincial Election Supervisor (OPES), which shall retain one copy and send the other copy to the Registration Division, EBAD;
2. One (1) copy each to the representatives of the Dominant Majority Party and the Dominant Minority Party;
3. One (1) copy shall be posted in the Bulletin Board of his Office; and
4. Retain copy for his file

Failure to comply with the requirements of the two (2) preceding paragraphs shall be ground for disciplinary action and withholding of benefits granted by the Commission.

SEC. 23. Publication of Action on Application. – Immediately within five (5) days from approval or disapproval of applications, the ERB shall post notices in the bulletin boards of the municipal/city hall and in the office of the EO, stating the names and addresses of the applicants, the dates of the applications and the actions taken thereon.  The EO shall serve a copy of the notice either personally or by registered mail or special delivery, to the local heads or representatives of registered political parties in the city/ municipality.

SEC. 24. Petition for Inclusion of Voters in the List. – Any person whose application for registration has been disapproved by the ERB or whose name has been stricken out from the list may file with the court a petition to include his name in the permanent list of voters in his precinct at any time but not later than April 29, 2011. It shall be supported by a certificate of disapproval of his application and proof of service of notice of his petition upon the ERB. The petition shall be decided within fifteen (15) days after its filing.

If the decision is for the inclusion of the voters’ name in the permanent list of voters, the ERB shall place the application for registration previously disapproved in the corresponding book of voters and indicate in the application for registration the date of the order of inclusion and the court which issued the same.

SEC. 25. Petition for Exclusion of Voters from the List. – Any registered voter, representative of a political party or the EO, may file with the court a sworn petition for the exclusion of a voter from the permanent list of voters giving the name, address and the precinct of the challenged voter at any time but not later than May 4, 2011.  The petition shall be accompanied by proof of notice to the ERB and to the challenged voter and shall be decided within ten (10) days from its filing.

If the decision is for the exclusion of the voter’s name from the list, the ERB shall upon receipt of the final decision and remove the voter’s registration record from the corresponding book of voters, enter the order of exclusion therein and place the record in the inactive file.

SEC. 26. Disposition of applications for registration, transfer of registration records, reactivation, inclusion/reinstatement or record, change of name, correction of entry/entries and the compact discs (VRS). -

a) On a daily basis, the EO shall:

1.   Gather all accomplished application forms and compact discs (CDs) from the VRM Operator.

2.   Compile all accomplished forms per barangay and by precinct, arrange the application forms alphabetically by surname;

3.   Generate a list of those who applied for registration or transfer of registration for the day, and other applications using the VRS Program. Said list shall be posted in the bulletin board of the city/municipality and in the Office of the Election Officer.

4.   Prepare a report regarding the occurrence of any untoward incident during the day and action taken thereon. For this purpose, each EO shall indicate in his journal any important occurrence and incident during the registration days; and

5.   Store the application forms, CDs, other forms and supplies in a safe and secure place. CDs that are not yet full or not have been finalized shall be used in the succeeding registration day.

b) At the end of the registration period, the EO shall:

1.   Generate Statistical Report on the number of applicants per application type.

2.   Submit to the ERB all applications received including the list of applicants and Statistical Report for action.

3.   Segregate all approved applications as follows:

a.   The first copy shall remain with the Election Officer;

b.   The second copy together with the Minutes of the Proceedings to the OPES; and

c.   The third copy to the National Central File Division.

All disapproved applications shall remain in the custody of the Election Officer.

4.   Finalize CD and back-up file document.mdb or comelec.(myi, myd and frm). The back-up of the document.mdb or comelec.(myi, myd and frm) shall contain only records approved by the ERB.

5.   Execute the CONSOLIDATION function.

6.   Extract records of all approved applications filed during the registration period.

7.   Transmit electronically the extracted records to ITD within five (5) days after the ERB hearing.

SEC. 27. Role of the Regional and Assistant Regional Election Director and Provincial Election Supervisor. – The RED, ARED and PES shall ensure compliance of the EO’s timely submission of all the required reports and shall be held directly responsible for non-compliance within the period herein provided.

SEC. 28. Off-site Verification Teams. - The Election and Barangay Affairs Department and Information Technology Department shall deploy personnel in the Five (5) provinces of ARMM, from April 14 to 16, 2011, who shall be responsible for the checking and gathering of the following reports:

1. Consolidated Quarterly Progress Report;
2. Project of Precincts for the August 8, 2011 ARMM Elections;
3. List of applicants whose applications were approved or disapproved by the ERB, indicating the application number opposite their names;
4. Report on the number of deleted double/multiple registrants based on AFIS results; and
5. SNPDAT or soft copy of the voters’ database.

SEC. 29. Applicability of other resolutions of the Commission. – The provisions of Res. No. 2904 (Rules and Regulations Governing the General Registration of Voters and the System of Continuing Registration of Voters) and other Resolutions of the Commission insofar as applicable and when not inconsistent herewith, shall apply in the registration of voters.

SEC. 30. Effectivity. – This Resolution shall take effect seven (7) days after its publication. The Education and Information Department (EID) is hereby directed to cause the widest dissemination of this Resolution and its publication in two (2) newspapers of general circulation in the Philippines and two (2) local newspapers of circulation within the ARMM area.

Let the Office of the Executive Director implement this Resolution.

SO ORDERED.

(Sgd.) SIXTO S. BRILLANTES, JR. Chairman
(Sgd.) RENE V. SARMIENTO Commissioner	(Sgd.) LUCENITO N. TAGLE Commissioner
(Sgd.) ARMANDO C. VELASCO Commissioner	(Sgd.) ELIAS R. YUSOPH Commissioner

May the Commission on Elections Postpone or Continue Elections?

Does the Commission on Elections have the power to postpone or continue elections?

This question is raised after news leaked out the other day saying that the poll chief airs concern over the possible delay in the delivery and configuration of the of Precinct Count Optical Scan (PCOS), the machine that will count the ballot at the precinct level.

"I want to be sure that the machines will come on time.  Until I see it, I’m worried," Comelec chair Jose Melo told reporters in an interview.

The Commission on Elections expects the delivery of the first batch of 42, 200 PCOS machines in December, while the remaining 40,000 is to arrive in January.  

Although the poll officials say the preparations for the May 10, 2010 National and Local Elections are going smoothly, they have to be ready for major glitches coming up along the way.  

First, if the scheduled delivery of the PCOS machines pushes through smoothly, these machines have yet to undergo battery of tests before being configured for their respective precinct assignments.

"We’re still not out of the woods.  If we haven’t tested all the machines, what do we do?" Chairman Melo said, adding that if worse comes to worst, they would have to conduct a partial manual and partial automated elections.

Another development is now in the offing.  

A group called the Concerned Citizens' Movement is asking the High Court to nullify the P7.2 billion poll automation contract due to two "supervening events" after the Supreme Court upheld the validity of the deal.

In a 25-page supplemental motion filed by lawyer Harry Roque, the movement said the Smartmatic-Total Information Management (TIM) group violated the terms of its contract with the Commission on Elections (Comelec).

The petition said that Smartmatic-TIM had failed to come up with telecommunications facilities and charged that the consortium had subcontracted the manufacture of its counting machines.

While Smartmatic-TIM is supposed to ensure 100-percent coverage for the immediate transmission of election results from precincts nationwide, the petition said that a private study of the contract showed that it did not have the facilities to do this.

While the merits of case will still have to be determined by the High Tribunal, this query is raised:  "May the COMELEC postpone or continue elections?"

The answer is in the affirmative.  

As a matter of fact, in the case of Sanchez vs. Commission on Elections, (114 SCRA 454), the Supreme Court ruled that the Commission on Elections is authorized to declare a failure of election because of the terrorism that attended the counting of the votes and the preparation of the election returns.

Likewise, Section 5 of B.P. Blg. 881 provides that:  

"When for any serious cause such as violence, terrorism, loss or destruction of election paraphernalia or records, force majeure, and other analogous cases of such a nature that the holding of a free, orderly and honest election should become impossible in any political subdivision, the Commission, motu proprio or upon a verified petition by any interested party, and after due notice and hearing, whereby all interested parties are afforded equal opportunity to be heard, shall postpone the election therein to a date which should be reasonably close to the date of the election not held, suspended or which resulted in a failure to elect, but not later than thirty days after cessation of the cause for such postponement or suspension of the election or failure to elect."

Ten more days before the deadline to register as a voter

There are barely ten (10) days to go before the deadline to register as a voter.  If you wish to vote on May 10, 2010 National and Local Elections, you better get registered NOW!!

With ten days left before the October 31, 2009 deadline, the Commission on Elections has reiterated its call for qualified voters nationwide to register.

“We are aware that a lot of Filipinos choose to register at the last minute. So in order to accommodate them and also to address the growing crowds at our field offices as we near the registration deadline, the COMELEC en banc has ordered the extension of office hours in all registration centers nationwide. Registration is also extended until Sundays in calamity areas of Luzon,” said COMELEC spokesman James Jimenez.

The poll body spokesman said starting October 22, 2009 until October 30, 2009, registration hours in COMELEC field offices nationwide will now be until 9:00 PM. On October 31, the last day of registration, COMELEC offices will be open until midnight, he said.

Jimenez also added that the COMELEC has allowed voters registration on Sundays (October 18 and 25) but only in calamity stricken areas of Luzon such as Regions I, II, III, IV-A, V, CAR, and NCR.

Meanwhile, Jimenez said voters’ registration in the Autonomous Region in Muslim Mindanao (ARMM) will run daily (Mondays to Sundays) from October 19, 2009 until October 31, 2009 according to COMELEC Minute Resolution No. 09-0661.

Jimenez however noted that voters’ validation will be suspended to give way for new registrants.

Gov't and Private Employees May Register As Voters During Working Hours

The Commission on Elections through its website has announced that it has asked the Department of Labor and Employment (DOLE) and the Civil Service Commission (CSC) to issue guidelines allowing private and public employees to register as voters even on weekdays and that their temporary absence from their work be considered as official time.

The COMELEC en banc, through Resolution No. 8669, promulgated September 15, 2009, noted that the DOLE is “bestowed with powers and functions for the full protection to labor, promotion of their welfare, and supervision over the relationship between employers and employees.”

Thus the COMELEC deemed it necessary to “request the Department of Labor and Employment (DOLE) to issue the appropriate circular/guidelines urging private employers to allow their employees to file their applications for registration, transfer/reactivation, changes/correction/inclusions/reinstatement of entries of registration records even during weekdays, and to consider their temporary absence from work on official time.”

Meanwhile, the COMELEC in Resolution 8668, said that “government employees who as first time voters, or who desire to transfer/reactivate/correct/change/reinstate their registration records, deserve broader opportunities to exercise their right to suffrage through the filing of their applications for registration/transfer/reactivation/correction/change/reinstatement of registration records during weekdays.”

The poll body also made a similar request to the Civil Service Commission (CSC) to issue the appropriate order for civil servants.

COMELEC spokesman James Jimenez, for his part, said this move from the poll body “shows the COMELEC’s resolve to empower broadest number of workers, both in the private and in the public sector, by making sure that they will be able to cast their votes in the 2010 elections.” 

COMELEC Resolution No. 8668

Republic of the Philippines

COMMISSION ON ELECTIONS

Manila

Resolution No. 8668

(September 15, 2009)

IN THE MATTER OF REQUESTING THE CIVIL SERVICE COMMISSION (CSC) TO ISSUE AN ORDER /CIRCULAR ALLOWING GOVERNMENT EMPLOYEES TO GO ON OFFICIAL TIME WHEN FILING APPLICATIONS FOR VOTER'S REGISTRATION

WHEREAS, Sec. 2(1), Art. IX-C of the 1987 Constitution empowers the Commission on Elections to "enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall";

WHEREAS, pursuant to R.A. 8189, otherwise known as the Continuing Voter's Registration Act of 1996, Comelec Resolution No. 8514 promulgated on November 12, 2008, as amended by Resolution No. 8585 promulgated on February 12, 2009, fixed the dates for the filing of applications for registration, transfer of registration records, reactivation, changes/ correction/ inclusions/ reinstatement of entries in the registration records from December 2, 2008 up to October 31;

WHEREAS, the Civil Service Commission, as the central personnel and administrative agency of the government is mandated under the constitution, to adopt measures to promote morale, efficiency, integrity, responsiveness, progressiveness, and courtesy in the civil service;

WHEREAS, government employees who as first time voters, or who desire to transfer/reactivate/correct/change/reinstate their registration records, deserve broader opportunities to exercise their 'right of suffrage through the filing, of their applications for registration/ transfer/reactivation/correction/ change/ reinstatement of registration records during working days;

WHEREAS, it is imperative to request the Civil Service Commission to issue guidelines/implementing rules allowing government employees to file applications for of their voter's registration records, at the Office of the Election Officer, even during weekdays, and that their temporary absence from their work stations be considered on official time;

NOW THEREFORE, the Commission RESOLVED, as it hereby RESOLVES, to request the Civil Service Commission to issue the appropriate order/circular/guidelines that would consider on official time the filing by government employees of their applications for registration, transfer of registration records, reactivation and changes/correction/inclusions/reinstatement of entries in their registration records, during working hours.

Let the Executive Director 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 T. YUSOPH Commissioner

COMELEC Resolution No. 8669

Republic of the Philippines

COMMISSION ON ELECTIONS

Manila

IN THE MATTER OF REQUESTING THE DEPARTMENT OF LABOR AND EMPLOYMENT (DOLE) TO ISSUE A CIRCULAR URGING PRIVATE EMPLOYERS TO ALLOW THEIR EMPLOYEES TO CLAIM AS OFFICIAL TIME THEIR FILING OF APPLICATIONS FOR VOTER’S REGISTRATION WITH THE COMMISSION ON ELECTIONS

Jose A. R. Melo         Chairman Rene V. Sarmiento    Commissioner Nicodemo T, Ferrer   Commissioner Lucenito N. Tagle      Commissioner Armando C. Velasco Commissioner Elias T. Yusoph         Commissioner Promulgated:  September 15, 2009

RESOLUTION NO. 8669

WHEREAS, Sec, 2(1), Art. IX-C of the 1987 Constitution empowers the Commission on Elections to "enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall";

WHEREAS, Sec. 18, Art. I1 of the 1987 Constitution provides "the state affirms labor as a primary social economic force.  It shall protect the rights of workers and promote their welfare";

WHEREAS, pursuant to R.A. 8189, otherwise known as the Continuing Voter's Registration Act of 1996, Comelec Resolution No. 8514 promulgated on November 12, 2008, as amended by Resolution No. 8585 promulgated on February 12, 2009, fixed the dates for the filing of applications for registration, transfer/ reactivation/ correction/reinstatement of name in the registration records from December 2, 2008, up to October 31, 2009;

WHEREAS, the Department of Labor and Employment (DOLE) is the agency bestowed with powers and functions for the full protection to labor, promotion of their welfare, and supervision over the relationship between employers and employees;

WHEREAS, there is the need to request the Department of Labor and Employment (DOLE) to issue guidelines/circulars encouraging private employers to allow their employees who are qualified voters to file applications for registration, or to apply for transfer/reactivation/corrections/reinstatement/change of registration records with the Office of the Election Officer, even during working days, and that their temporary absence from their work shall be considered on official time;

NOW THEREFORE, the Commission RESOLVED, as it hereby RESOLVES, to request the Department of Labor and Employment to issue the appropriate circular/guidelines urging private employers to allow their employees to file their applications for registration, transfer/ reactivation/ changes/ correction/inclusions/ reinstatement of entries of registration records even during weekdays, and to consider their temporary absence from work on official time.

Let the Executive Director implement this resolution.

SO ORDERED.

Omnibus Election Code - Article XVI

OMNIBUS ELECTION CODE

Article XVI

OFFICIAL BALLOTS AND ELECTION RETURNS

SEC. 181.  Official ballots. - Ballots for national and local offices shall be of uniform size and color and shall be provided at public expense.  They shall be printed on paper with watermarks or other marks that will readily distinguish the ballot paper from ordinary paper.  Each ballot shall be in the shape of a strip with stub and detachable coupon containing the serial number of the ballot, and a space for the thumb mark of the voter on the detachable coupon.  It shall bear at the top on the middle portion thereof the coat of arms of the Republic of the Philippines, the words "Official Ballot," the name of the city or the municipality and province in which the election is held, the date of the election, and the following notice: "Fill out this ballot secretly inside the voting booth.  Do not put any distinctive mark on any part of this ballot."

The ballot shall also contain the names of all the offices to be voted for in the election, allowing opposite the name of each office, sufficient space or spaces with horizontal lines where the voter may write the name of names of the individual candidates voted for by him.

There shall not be anything on the reverse side of the ballot.

Ballots in cities and municipalities where Arabic is of general use shall have each of the titles of offices to be voted printed in Arabic in addition to and immediately below the English title.

Notwithstanding the preceding provisions of this section, the Commission is hereby empowered to prescribe a different form of ballot to facilitate voting by illiterate voters and to use or adopt the latest technological and electronic devices as authorized under paragraph (i) of Section 52 hereof.

SEC. 182.  Emergency ballots. - No ballots other than the official ballots shall be used or counted, except in the event of failure to receive the official ballots on time, or where there are no sufficient ballots for all registered voters or where they are destroyed at such time as shall render it impossible to provide other official ballots, in which cases the city or municipal treasurer shall provide other ballots which shall be as similar to the official ones as circumstances will permit and which shall be uniform within each polling place.  The treasurer shall immediately report such action to the Commission.

The municipal treasurer shall not undertake the preparation of the emergency ballots unless the political parties, candidates and the organizations collectively authorized by the Commission to designate watchers have been sufficiently notified to send their representatives and have agreed in writing to the preparation and use of emergency ballots.

SEC. 183.  Requisition of official ballots and election returns. - Official ballots and election returns shall be printed upon orders of the Commission.  Requisition of official ballots shall be for each city and municipality, at the rate of one and one-fifth ballots for every registered voter in the next preceding election; and for election returns, at one set thereof for every polling place.

SEC. 184.  Printing of official ballots and election returns. - The official ballots and election returns shall be printed by the Government Printing Office and/or the Central Bank printing facilities exclusively, under the exclusive supervision and control of the Commission which shall determine and provide the necessary security measures in the printing, storage and distribution thereof.

Each ballot shall be joined by a perforated line to a stub numbered consecutively, beginning with number "1" in each city and municipality.  Each ballot shall also have at the bottom a detachable coupon bearing the same number of the stub.  Each pad of ballots shall bear on its cover the name of the city or municipality in which the ballots are to be used and the inclusive serial numbers of the ballots contained therein.

The official ballots shall be bound in separate pads of fifty or one hundred ballots each as may be required.

The election returns shall be prepared in sets of six copies per set and shall be numbered consecutively, beginning with number "1" in each city and municipality.  Each set of the election returns shall be printed in such a manner that will ensure that the entries on the original of the returns are clearly reproduced on the other copies thereof and shall bear the name of the city or municipality in which the returns are to be used.  For this purposes, the Commission shall acquire, if necessary, a special kind of carbon paper or chemically treated paper.

SEC. 185.  Sample official ballots. - The Commission shall provide the board of election inspectors with sample official ballots at the rate of thirty ballots per polling place.  The sample official ballots shall be printed on colored paper, in all respects like the official ballots but bearing instead the words "Sample Official Ballot," to be shown to the public and used in demonstrating how to fill out and fold the official ballots properly.  No name of any actual candidate shall be written on the spaces for voting on the sample official ballots provided by the Commission, nor shall they be used for voting.