Showing posts with label COMELEC. Show all posts
Showing posts with label COMELEC. Show all posts

Wednesday, March 16, 2011

COMELEC and watchdog gear up voter information in Muslim communities outside ARMM

QUEZON CITY, Philippines - The Commission on Elections and a citizen watchdog that is operating in the Autonomous Region in Muslim Mindanao have started a voters’ education partnership program intended for Muslim voters who came from the ARMM, but are residing in Metro Manila and other areas outside of the region.

Amid calls to move the constitutionally-set voting in ARMM in August, the Education and Information Department of the Comelec and Citizens Coalition for ARMM Electoral Reform jointly conducted voters’ education on the continuing registration for the electorates coming from the autonomous region but are residing in Muslim communities in Culiat and Tandang Sora areas in Quezon City.

Director James Jimenez, of the Comelec’s EID and Jumda Sabaani, chairperson of C-CARE, who were among the speakers in a forum Sunday attended by some 200 electorates, mostly Maguindanaon, Tausog and Maranao, took turns in stressing that “every citizen of the country can only register once.” 

The emphasis was premised on a finding that many electorates registered in ARMM were also registered in the barangays where they have established residence in Metro Manila and other parts of the country.  The Maguindanaons, Tausogs and Maranaos are natives of Maguindanao, Sulu and Lanao del Sur, which are all part of the five-province Muslim autonomous region.

In a phone interview, Sabaani relayed that her group and the Comelec explained to the electorates the election law that prohibits multiple registration. “If you are already registered in Metro Manila, you can no longer register in ARMM,” she said while explaining that the electoral office is continuously accepting registrants.

Sabaani said that with the assistance of Jimenez and Leo Lim, an information officer of the Comelec’s EID department, they explained the details of the continuing registration process by walking the electorates through the filling up of registration forms.

Culiat village chieftain Jaime Garcia, who welcomed the consultation participants, called upon the Muslim electorates in his village to “be responsible in exercising your right to suffrage,” emphasizing further “that your participation in a democratic exercise, such as election, is a manifestation of you freedom.”

Sabaani, a Tausog native, stressed to her fellow Islam believers “the need for us to register as a requisite for us to be able to exercise our right to suffrage.”

“It doesn’t really matter, as far as registration of voters is concern, whether elections in ARMM will push thru as scheduled in August or not,” the C-Care chair said even as she warned the public against dual or multiple registration.

“If you are registered in Culiat, you should no longer file a registration in ARMM, or, if you are already registered in ARMM, you should not register again in Culiat to prevent double registration, since this is against the law,” Sabaani said. 

Jimenez said that the voters’ registration in ARMM will be held this coming March 21 to 31, while in all other areas nationwide will be on April 1 to October 31.

“The Comelec will begin its nationwide drive to inform the public on the upcoming voters’ registration. We urge them to be on the lookout for voter education activities that will be conducted in their areas,” he said.

Jimenez also urged the public to visit the Comelec’s website www.comelec.gov.ph and its Education and Information Department’s blog at www.comelec.wordpress.com for updates and related information.

He reported that the poll body has already activated the "COMELEC TV Channel YouTube" and can be accessed on this URL: http://www.youtube.com/user/comelectv), which features voter's education and information videos.

“It will also feature a web news program that will deliver a round-up of the most recent Comelec-related news as well as video-clips of Comelec field officials at work,” he said.

Jimenez said that the public forum for Muslim voters at the Salam Mosque Compound in Culiat, was in preparation for the 10-day voters registration.

Another forum will be conducted Monday at the Legislative Wing of the Quezon City Hall.

The postponement of ARMM polls is being pushed to give way to a synchronized election in 2013.  It will also give the President a chance to appoint caretakers in those provinces.  (Romy Elusfa)

Friday, February 25, 2011

COMELEC to Congress: Decide early on ARMM polls postponement


Chairman Sixto Brillantes, Jr.
Saying it is doing a delicate balancing act, the Commission on Elections appealed to Congress Monday to decide early on whether to postpone the elections in the Autonomous Region in Muslim Mindanao scheduled for Aug. 8.

In a radio interview, Comelec chairman Sixto Brillantes Jr. said they stand either to waste some P2 billion in preparations for an election that will be postponed, or scramble at the last minute for an election that will turn out to proceed as scheduled.

"Siguro mapapakiusapan ni Presidente and I hope mapapakiusapan ang leadership ng House na ma-postpone. Ang hingi lang namin bilisan nang kaunti. Ang Senate is another issue. Tingnan natin kung mabibilisan nila ang pag-postpone," Brillantes told radio dwIZ.

(Perhaps President Benigno Aquino III can persuade the House of Representatives to act early to decide whether to postpone the ARMM polls. We only ask that the process be accelerated. The Senate is another issue. We hope to see the moves to postpone the elections move quicker.)

He cited concerns raised earlier by some lawmakers and officials involved in the peace process that holding the ARMM elections now may negatively affect the negotiations.

Brillantes said peace negotiations between the government and the Moro Islamic Liberation Front may touch on the possible expansion of the ARMM.

A conflict may arise if the negotiations lead to changes in the areas covered by the ARMM, but only officials of provinces covered by the present ARMM are elected if the elections push through as originally scheduled on Aug. 8.

Included in the ARMM are the provinces of Maguindanao, Lanao del Sur, Basilan, Sulu, Tawi-Tawi and the Islamic City of Marawi.

House bill

At the House of Representatives, Lanao del Sur Rep. Pangalian. Balindong filed House Bill 3542 that seeks to reschedule the ARMM polls to coincide with the May 2013 mid-term elections.

"There is a chance the area covered by the ARMM may expand because of the peace process. Some sectors have thus proposed that we postpone the ARMM elections and synchronize it with the May 2013 elections. In the meantime, the terms of the incumbent ARMM officials can be extended," Brillantes said in Filipino.

Brillantes said he made a courtesy call on Senate President Juan Ponce Enrile last week, where he asked the Senate to decide early whether to postpone the ARMM elections.

"Pinakiusapan ko lang magkaroon ng postponement sa House, pakiusap namin sa Comelec bilisan lang sa Senado para di tayo mabitin sa preparation. Kung gagastos na tayo, gagastos tayo sa preparation. Pag na-postpone at tumagal ang postponement, baka malaki na rin ang nagastos natin sa preparation. Gusto natin maaga ang announcement na ma-postpone na para di gumastos masyado at ma-minimize natin ang gastos," he said.

(After I asked the House leadership to make its decision early, I asked the Senate to do the same so we can prepare well. If we are to spend for the preparations, we should do so wisely. We need the announcement to come early so we will not waste funds)," he said.

He said Enrile did not make any commitment but will monitor developments on the debates on the matter at the House of Representatives.

"Di siya nag-commit sa akin. Pero sabi niya tingnan natin pag may postponement sa House and it will go up the Senate, pakikiusapan niya na bilisan ang decision kasi kailangan namin malaman (He made no commitment but said that if the House decides to postpone the elections and the issue goes up to the Senate he will fast-track the decision)," he said.

P2B for ARMM polls preparation

In the same radio interview, Brillantes said the Comelec has set aside P2 billion for the ARMM elections. For now, he said it has spent nearly P50 million for the Aug. 8 polls.

"We don’t want to pay millions, billions ang gastos dito. We’re preparing P2 billion ang gastos sa ARMM elections (We don’t want to pay billions. We are preparing P2 billion for the ARMM elections)," he said.

He said the bulk of the P2 billion may go to buying some 5,000 Precinct Count Optical Scan (PCOS) machines worth P135 million, and their software and other “consumables."

Brillantes said they will likely buy the PCOS machines from Smartmatic, saying that when the Comelec leased 82,000 machines for the 2010 elections, it had the right to exercise an option to purchase.

He said the PCOS machines will cost only about 30 percent of the cost. — RSJ, GMA News

Sunday, February 20, 2011

VOTER REGISTRATION in the ARMM for the August 8 ARMM Elections


RESOLUTION No. 9144

RULES AND REGULATIONS ON THE RESUMPTION OF THE SYSTEM OF
CONTINUING REGISTRATION OF VOTERS IN THE AUTONOMOUS REGION
IN MUSLIM MINDANAO (ARMM) FOR THE AUGUST 8, 2011 ARMM ELECTIONS
Promulgation: 11 February 2011



Pursuant to the powers vested in it by the Constitution, the Omnibus Election Code, Republic Act No. 8189 and other related election laws, the Commission on Elections has RESOLVED, as it hereby RESOLVES, to promulgate the following rules and regulations to govern the resumption of the system of continuing registration of voters in the Autonomous Region in Muslim Mindanao (ARMM) in connection with the August 8, 2011 ARMM Elections:

SECTION 1. Declaration of policy. – It is the policy of the Commission to establish a clean, complete, permanent, and updated list of voters through the adoption of biometrics technology (photograph, fingerprints and signature) in the registration process.

SEC. 2. Date, time and place of filing, hearing and approval/disapproval of applications. – Applications for registration, transfer of registration records, change/corrections of entries in the registration records, reactivation of registration records and inclusion of registration records/reinstatement of name in the list of voters, shall be personally filed beginning March 21, 2011 to March 31, 2011 at the Office of the Election Officer (OEO) of the city/municipality where the applicant resides, from Monday to Saturday, inclusive of holidays during regular office hours at 8:00 o’clock a.m. to 5:00 o’clock p.m.

The applications shall be heard by the Election Registration Board (ERB) at the OEO, in accordance with the following schedule: 

Period to file applications
Last day to post Notice of Hearing with Lists of Applicant
Last day to file opposition to applications
Hearing and Approval/ Disapproval of applications
March 21, 2011 to March 31, 2011
April 2, 2011
April 5, 2011
April 8, 2011

The Election Officer (EO) shall adopt a system of processing applications to speed up the registration process, minimize queuing and avoid inconvenience.

SEC. 3. Procedure in case of Defective Voters Registration Machine (VRM) and/or its Peripherals. - In case the VRM and/or its peripherals become defective during the registration period, no application for registration, transfer of registration records, change/correction of entries in the registration records/inclusion of registration records/reinstatement of name in the list of voters shall be accepted. The Election Officer (EO) through the Provincial Election Supervisor (PES) upon certification by the CVL technician shall inform immediately the Information Technology Department (ITD) and Election and Barangay Affairs Department (EBAD) that the VRM and/or its peripherals are defective. In which case, pending the repair of the VRM or its peripheral, the ITD shall issue a replacement.

The EO shall immediately notify in writing the concerned applicants once the VRM is functional for the taking/capturing of their biometrics data. If the applicant fails to return despite notice in writing, his application shall be considered incomplete and deemed not filed, hence, shall not be submitted for appropriate action by the ERB. The EO shall print and post the list of applicants who failed to return for biometrics data capturing in the city/municipality bulletin boards and EO’s Office.

SEC. 4. Who may register. – Any Filipino citizen residing in the provinces of Basilan (except Isabela City), Sulu, Tawi-Tawi, Maguindanao (except Cotabato City), and Lanao del Sur, may register as a voter provided that:

a) At least eighteen (18) years of age on or before August 8, 2011;
b) A resident of the Philippines for at least one (1) year and in the place wherein he proposes to vote, for at least six (6) months immediately preceding the August 8, 2011 ARMM Elections; and,
c) Not otherwise disqualified by law.

Any person, who has not reached the required voting age or period of residence on the day of registration but will possess such qualifications on or before the August 8, 2011 elections, may register as a voter.

SEC. 5. Who are disqualified to register. - The following are disqualified from registering as a voter:
  1. Any person who has been sentenced by final judgment to suffer imprisonment for not less than one (1) year, such disability not having been removed by plenary pardon or amnesty;
  2. Any person who has been adjudged by final judgment by a competent court or tribunal of having committed any crime involving disloyalty to the duly-constituted government, such as, rebellion, insurrection, violation of the firearms laws, or any crime against national security unless restored to his full civil and political rights in accordance with law; and
  3. Insane or incompetent person as declared by competent authority unless subsequently declared by proper authority that such person is no longer insane or incompetent.
Any person disqualified to register under paragraphs (1) and (2) above shall automatically reacquire the right to vote upon expiration of five (5) years after service of sentence.

SEC. 6. Application Forms for Registration (CEF-1A). - Application forms for Registration (CEF-1A) shall be available at the Office of the Election Officer free of charge, or may be downloaded from the Comelec Website, www.comelec.gov.ph, using long bond paper (preferably substance 20/70 gsm). Sample of the Application is hereto attached as Annex “A” (CEF-1-A – Application for Registration). 

MORE >>

Sunday, January 16, 2011

Brillantes Jr. vows to eradicate election fraud as new COMELEC chairman

Sixto Brillantes Jr takes oath
Newly sworn in Commission on Elections chair Sixto Brillantes Jr. on Sunday said he aims to “perfect" automated elections during his term to totally eradicate election fraud in the country.

The veteran election lawyer took his oath of office at 4:19 p.m. Sunday before Associate Justice Antonio Eduardo Nachura at the Supreme Court.

“During the first national automated elections, the Comelec resolved a number of election problems.  We just need to perfect the automated election system to see that election fraud is absolutely obliterated," Brillantes said in an interview Sunday.

At a press briefing after his oath-taking, Brillantes said he will implement "structural and organizational" changes within the Comelec.  He said the Comelec needs to improve its internal functions.


"
Ang bagal gumawa ng desisyon ng Comelec," Brillantes said, citing some setbacks in terms of accrediting political parties during last year's automated elections.

He is confident he can wipe out electoral fraud and corruption as he is "familiar with various poll problems" plaguing the country, he said in the interview.





He will report to the Comelec office in Intramuros, Manila, on Monday to meet with the poll body's commissioners and employees.  "I will go around the office [Monday] to talk with them individually."


Justice Secretary Leila de Lima said that Brillantes opted to take his oath as the new Comelec chief before Nachura because "they worked in the same law office, went to the same school, and are good friends."

Both of them were with the Brillantes Nachura Navarro Jumamil Arcilla Escolin Martinez Law Offices.


Alam ko ang mga problema at ang mga tao sa Comelec.  Change of status lang ito," Brillantes said, referring to his experience as an election lawyer, which he intends to bring into his post.

With Brillantes at the helm, the poll body can reach "full and permanent modernization" and be transformed into a more competent institution, De Lima, for her part, said in a text message to reporters.


"He is already well versed with its problems and has established personal and professional linkages with its senior staff.  He has moral ascendancy over them," De Lima said.


He will give Comelec a "fresh infusion of energy and perspective," added De Lima, herself an election lawyer.


Brillantes' expertise in election law will make Comelec running without any need for introductions or warm ups.  "He had been warming up for this post since he started his election law practice," De Lima said.


Automated polls, ‘new problems’


On Sunday, militant group Bagong Alyansang Makabayan (Bayan) said that as the new Comelec chair, Brillantes should look into the ghosts of election fraud over the past decade.


“For the longest time, Comelec has been perceived as one of the most corrupt government agencies because of the conduct of its officials.  Now is a good time to begin the process of cleaning up Comelec," Bayan secretary general Renato Reyes Jr. said in a statement.


According to Reyes, the new Comelec chairman should look into the involvement of the poll body's officials in the rigging of the 2004 elections, as well as various irregularities and anomalies in the approval of contracts for election paraphernalia.


The problems that beleaguered last year's automated polls and the questionable groups and nominees that participated in the party-list elections should also be looked into, he added.


Reyes pointed out that the automated polls have not stamped out election problems.  "New problems arose even as many old problems persisted," he said.


"Attorney Brillantes is known for his expertise on election laws.  Malaking bagay para sa Comelec ang knowledge niya.  We will guide him how to work in the government," Comelec Commissioner Rene Sarmiento, the most senior official in the poll body, said in a separate interview.


To assume post Monday


On Saturday night, Brillantes disclosed that he was named as Comelec's new chief. Brillantes expects to formally assume his new post Monday replacing
Jose Melo, who resigned from his post effective Saturday.

Radio dzBB reported that his apparent closest rival to the post had even backed out of the race; Romulo Macalintal, had asked to remove his name from the list of prospects.


Macalintal wrote President Benigno Aquino III a letter, saying he decided not to seek the top Comelec post because of his family, dzBB said.


But Macalintal stressed he is still ready to help in election-related matters.


Last week, Macalintal and Brillantes both expressed readiness to take the post, even as they downplayed speculations they are pawns of two factions in Malacañang.


Macalintal was perceived to have the backing of the "Balay" group of former Sen. Manuel Roxas II while Brillantes was said to be backed by the rival "Samar" group.


Still, presidential deputy spokesperson Abigail Valte pointed out in a separate interview on dzBB that Malacañang has not made any formal announcement on the new Comelec chair's appointment.


A
Philippine Daily Inquirer report quoted Brillantes as saying that President Benigno Aquino III signed his appointment papers Saturday night.– With Sophia Dedace/MRT/VS/KBK, GMANews.TV

Monday, January 10, 2011

Poll employees appeal to Chairman Melo and Commissioners

Press Statement
December 28, 2010

APPEAL TO CHAIRMAN JOSE MELO AND COMMISSIONERS THIS CHRISTMAS SEASON 2010

While we join the entire nation in celebrating the success of the first automated national elections in Philippine history this year; we, the rank and file employees of the Commission on Elections (COMELEC) under the Alliance of COMELEC Employees in Service (ACES), can not help but express our deep concern over the COMELEC’s state of finances for this year, 2010.

Recent statements from COMELEC higher-ups reveal a seemingly healthy financial situation. COMELEC Law Department Director and Bids and Awards Committee Chairman Ferdinand Rafanan has declared recently that the COMELEC was able to save a whopping P943 Million from the recent bidding processes. He even boasted that the COMELEC has enough savings to provide a monthly bonus of P20, 000 to each COMELEC employee nationwide for a period of nine (9) months! [See attached Rafanan’s statement]

Rafanan’s pronouncement was further reinforced when the majority of COMELEC Commissioners agreed (by affixing their signatures to the Petition circulated by the ACES addressed to the COMELEC en banc on December 20, 2010) to provide a CHRISTMAS INCENTIVE to COMELEC employees who labored hard to ensure the success of the May 10, 2010 Automated Elections and the October 25, 2010 Barangay and SK elections.

But despite the millions, if not billions of savings accumulated; COMELEC employees NEVER received any Christmas Incentive from the COMELEC for two (2) consecutive years already! For this year, we were only provided with Anniversary Bonus (equivalent to one month salary but not less than P10,000) and Rice Subsidy (P2,000). [Note that these incentives are traditionally given to us employees and that only the Directors and Commissioners benefit from them because of their high salaries!] The COMELEC only added another P3,000 to the P7,000 Bonus allocated by the Department of Budget Management (DBM) to government workers last December 15, 2010.

The absence of Christmas Incentive for two (2) consecutive years and other surprising developments, such as Chairman Jose Melo’s early retirement (effective January 31, 2011) and Finance Department Director Eduardo Mejos’ reported resignation (effective December 31, 2010); leads us, all employees, to WORRY AS TO THE FINANCIAL STATUS OF THE COMELEC.

We must take into account that the COMELEC was allotted P11.3 billion supplementary budget for the May 10 Automated National and Local Elections and another P3.2 billion for the October 25 Barangay and SK elections.

Also, we must bear in mind that government employees who contributed either in productivity or cost savings of the agency are entitled to financial incentives, in whatever form. According to Public Sector Labor Management Council (PSLMC) Resolutions, 80% of savings generated by the agency from the adoption and implementation of cost-cutting measures can be the source of these incentives.

Lastly, we APPEAL TO CHAIRMAN MElO AND COMMISSIONERS THAT The benefits and privileges TRADITIONALLY GIVEN TO COMELEC employees FOR CHRISTMAS FROM CONSTITUTIONAL FISCAL AUTONOMY GROUP (CFAG) SAVINGS BE GIVEN AS SOON AS POSSIBLE.

Monday, August 16, 2010

COMELEC seeks public support identify flying voters

The Commission on Elections (COMELEC) has called on the public to help them identify flying voters who applied for registration during the recently concluded voters’ registration period in connection with the October 25, 2010 Barangay elections.
In a statement, COMELEC spokesman James Jimenez announced that COMELEC Offices nationwide is set to post on Monday, August 16, 2010, a list of voters who applied for registration.
“We are calling on the public to help us identify flying voters by looking at the list of registrants that will be posted outside the Office of the Election Officer in your area on Monday. If you see people who are not residents in your Barangay, report it to your Election Officer so that they may be excluded from the voters list, if necessary,” said Jimenez.
Republic Act 8189 or the Voters Registration Act of 1996 states that any voter, candidate, or representative of a registered political party may challenge, in writing and under oath, any application for registration.
Opposition to contest a registrant’s application, said Jimenez, will be heard by the Election Registration Boards (ERB) for approval or disapproval.
According to COMELEC Resolution 9007, the last day to file opposition to the applications for registration/transfer of registration records is on August 18, 2010. Election Registration Boards (ERBs) will be hearing all applications on August 20, 2010.

Saturday, July 31, 2010

COMELEC Disqualifies Svetlana Jalosjos as Baliangao Mis Occ Mayor

The Commission on Elections (Comelec) on Friday disqualified the daughter of former Congressman Romeo Jalosjos who won, by only SIX VOTES, as mayor of Baliangao town in Misamis Occidental during the May elections.

In a five-page decision, the Comelec's Second Division said Svetlana Jalosjos failed to prove that she stayed long enough in Baliangao as a resident to be qualified to run for mayor.

Section 39 of the Local Government Code of the Philippines states that a candidate running for an elective post must be a resident of the municipality or province where he or she is running, for at least a year.

Svetlana won over Agne Yap by only six votes in the last elections.

In the said ruling, signed by Comelec Commissioners Nicodemo Ferrer, Lucenito Tagle and Elias Yusoph, it opined that the young Jalosjos failed to establish her residency, which would allow her to run and sit as mayor of the said town.

Svetlana, won as mayor of Baliangao town against Agne Yap Sr. by only six votes.  Svetlana, being an artist is now running the family’s entertainment venture Fantasyland in Dapitan.

The Comelec argued that Svetlana “failed to prove her bodily presence in Baliangao and her intention to remain therein and her intention not to return to her domicile of origin, Dapitan City.”

“As it is, respondent even admitted that she is the one attending to their family businesses in Dapitan City. Her claim that she purchased two parcels of land in Baliangao is not backed up by any title. More importantly, the local officials of Baliangao in their joint affidavit declared that they have not seen respondent in their locality,” the document states.

The election court also pointed out that the purpose of the residency requirement is to prevent a newcomer, who is unfamiliar with the conditions and needs of the community a candidate wants to serve.

According to the resolution, the residency requirement is aimed at excluding outsiders from taking advantage of favorable circumstances existing in the community for electoral gain.

The COMELEC cited the requirements of domicile, which includes residence or bodily presence in the new locality, an intention to remain there and intention to abandon the old domicile. In the case of Svetlana Jalosjos, these requirements were absent citing that her original domicile is Dapitan City.

The case reached the Comelec after petitioners Edwin Elim Tumpag and Rodolfo Estrellada lodged their petition to question Svetlana’s qualifications.

Sunday, June 27, 2010

COMELEC Execs to be Axed for Botched Ballot Secrecy Folder Deal

MANILA, Philippines – A number of Commission on Elections (Comelec) officials are facing administrative sanctions for their alleged involvement in the botched P689.7-million ballot secrecy folder deal.

Comelec Commissioner Rene Sarmiento said that upon the recommendation of the legal department, the commission is ready to impose sanctions on those found guilty of involvement in the irregularity.

“The report will be submitted to us then we will decide based on the recommendation if we should penalize administratively those found guilty,” Sarmiento said.

He added that the Comelec is expecting the legal department headed by lawyer Ferdinand Rafanan to submit the report today.

The commissioner also hinted that the poll body is ready to reprimand the three-man investigation team headed by Rafanan if it fails anew to submit its findings today.

“I think we will decide accordingly because people are asking about the status of this investigation. We will ask the committee to fast-track the investigation because so many extensions have been given to them,” Sarmiento said.

Rafanan’s team was supposed to submit the report last week, but Sarmiento said the panel once again requested for an extension until today to complete their report on the controversy.

Earlier, the commission tasked the panel to probe the cancelled procurement of more than 1.8 million ballot secrecy folders worth P380 each from OTC Paper Supply.

The poll body intended to use the special folders in the last May polls, but eventually decided to use ordinary folders.

Poll body officials previously reported that some of their people are being investigated and the investigation panel is looking into their relationship with OTC. - By Mayen Jaymalin (Philstar News Service)

Tuesday, May 18, 2010

Resolution No. 8739 - General Instructions for the Board of Election Inspectors (BEIs)

Republic of the Philippines
COMMISSION ON ELECTIONS
Manila

RESOLUTION No. 8739

GENERAL INSTRUCTIONS FOR THE BOARD OF ELECTION INSPECTORS (BEI) ON THE VOTING, COUNTING, AND TRANSMISSION OF RESULTS IN CONNECTION WITH THE 10 MAY 2010 NATIONAL AND LOCAL ELECTIONS



     WHEREAS, Republic Act No. 9369 authorized the Commission on Elections to use an automated election system as it may deem appropriate and practical for the process of voting, counting and transmission of results;

   WHEREAS, in pursuit of this mandate, the Commission on Elections resolved, in connection with the May 10, 2010, National and Local elections, to adopt a paper-based automated election system by using Precinct Count Optical Scan (PCOS) Machines, which shall be deployed in all polling places nationwide;

    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 HEREBY RESOLVES to promulgate, the following General Instructions for the Board of Election Inspectors (BEI) on the Voting, Counting, and Transmission of Results:


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 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 Election Officer shall ensure that at least one (1) member of the BEI 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 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 in COMELEC/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 Election Officer 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.

SEC. 6.  Arrest of absent members. – The member or members of the BEI present may order the arrest of any member who, in his or their judgment, has absented himself with the intention of obstructing the performance of the duties of the BEI.

SEC. 7.  Appointment and oath of members of the BEI.The Election Officer shall accomplish the form for the Appointment of the Chairman and Members of the BEI (A30) in three (3) copies, and require the chairman and members of the BEI to affix their signatures and imprints of their right thumbs on the Oath of Office (A30/A31) before him before assumption of office.

Copies of the Appointment and Oath (A30/A31) shall be distributed, as follows:

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 honorarium of the BEI; and

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


SEC. 8.  Minutes of voting and counting of votes (Minutes).The BEI shall enter in the Minutes (A11), the act or data therein required as they occur or become available during voting, counting, and transmission of votes.  Copies thereof shall be sealed in separate envelopes, to be distributed as follows:

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 for valid ballots.

SEC. 9.  Support Staff.There shall be, in addition to the regular members of the BEI, 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 appointed/designated by the Election Officer, subject to the qualifications and conditions provided under Sections 2, 3 and 7 hereof, in such manner as indicated below:

NO. PRECINCTS IN A CLUSTER
NO. OF SUPPORT STAFF
1 to 2
0
3
1
4
2
5, 6 and 7
3


They can neither participate in any deliberation of the BEI 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 of the BEI.The BEI 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:

a.    City/Municipal Board of Canvassers;
b.    Dominant majority party, dominant minority party, accredited citizens’ arm and, KBP; and
c.    to the central server.

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.  If any person refuses to obey the lawful orders of the BEI or conducts himself in a disorderly manner in its presence or within its hearing and thereby interrupts or disturbs its proceedings, the BEI 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 (Annex “A”) shall be attached to the Minutes; and

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 BEI shall be public and shall be held in the polling place designated by the Commission.

The BEI 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 BEI and Support Staff.Members of the BEI, their substitutes and support staff, if any, who are registered voters in a precinct/clustered 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 BEI shall leave at any one time.

SEC. 13.  Prohibition against political activity.No member of the BEI 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 BEI.The chairman and members of the BEI shall each receive an honorarium of one thousand pesos (P1,000.00) per day, but not to exceed three thousand pesos (P3,000.00).  In addition, they shall be entitled to service credits for each day of service (Day before the elections, election day, and day after Elections).  Support Staff shall receive five hundred pesos (P500.00) per day, but not to exceed one thousand five hundred pesos (P1,500.00).

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