Guidelines for the Continuing Voter Registration (6)

SEC. 6. Application sans biometrics. – The application form of an applicant who fails to submit himself for the live capture of his biometrics data for cause/s attributable to his own fault shall be deemed incomplete and not filed.  As such, the application shall be disapproved for failure to complete the requirements.

In the event that the allocated Data Capture Machine (DCM) becomes defective or the biometrics data of the applicant cannot be captured within the registration period due to the great volume of applicants, absence of electricity/alternative power source and analogous cases, the Election Officer shall receive the application and inform the applicant when to return for data capture.  The Election Officers and their Assistants are authorized to accomplish the data capture not later than August 19, 2010.  If the biometrics data capture cannot be accomplished within the said period without fault of the applicant, the application shall be submitted to ERB for Hearing.

The CVL technicians shall certify as to the fact of DCM and its peripherals malfunction to be confirmed by the Provincial Election Supervisors, who shall report the matter to the Information Technology Department.

Further, in cases where any of the DCM peripherals become defective, such that the registration procedures cannot be completed, the Provincial Election Supervisors shall be allowed to make the necessary arrangements with the concerned Election Officers under his jurisdiction to devise a scheduling system for the sharing of the working DCM peripherals with nearby cities or municipalities until such time that the defective peripherals shall be replaced with working units. This sharing mechanism shall be limited to two cities and/or municipalities.

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Resolution No. 9005 - Guideline for the Continuing Voter Registration (5)

SEC. 5. Procedure for filing of applications for registration of Barangay Elections voters. – (a) The applicant shall personally appear before the EO, state his name and exact address, specifying the house number, name of the street, area, district, purok or sitio, and barangay where he resides, or a brief description of his residence, and present any of the following identification documents that bears the applicant’s photograph and signature:

1.     Current employee’s identification (ID) card, with the signature of the employer or authorized representative;

2.     Postal ID;

3.     Student’s ID or library card, signed by the school authority;

4.     Senior Citizen’s ID;

5.     Driver’s license;

6.     NBI/PNP clearance;

7.     Passport;

8.     SSS/GSIS ID;

9.     Licenses issued by the Professional Regulation Commission (PRC); or

10.  Integrated Bar of the Philippines (IBP) ID.

In the absence of any of the aforementioned identification documents, the applicant may be identified under oath by any registered voter of the precinct, or by any of his relatives within the fourth civil degree of consanguinity or affinity who are registered voters of the same city/municipality.   No registered voter shall be allowed to identify applicants more than three (3) times.

If the applicant fails to establish his identity by any of the aforementioned methods/documents, he shall not be issued an application form.

(b) Upon establishing the identity of the applicant, the EO shall initially screen the name of the prospective applicant for registration from the National List of Registered Voters (NLRV) and National List of Deactivated Voters (NLDV).  If found in any of the said lists, he shall not issue to him/her an application for registration but shall advise the applicant to apply for:

1. Transfer of registration record, if the name is found in the NLRV (another district/city/municipality); and
2. Reactivation/transfer with reactivation of registration record, if name is found in the NLDV.

(c) The EO shall, using the barangay precinct map, verify whether the address given by the applicant is located within the territorial boundary of any of the precincts of the barangays within the jurisdiction of the district/city/municipality.

If the applicant is not a resident, the EO shall instruct the applicant to proceed to the OEO of the district/city/municipality where the applicant resides.

If the applicant resides within the territorial jurisdiction of the city/municipality, the EO shall:

1. Inform the applicant of the qualifications and disqualifications for registration;
2. Determine the precinct where the applicant belongs by referring to the barangay precinct map.  The applicant shall be assigned temporarily to the mother precinct comprising his residence.  The precinct assignment shall be finalized after the approval of the application.  Daughter precinct(s) shall be created to accommodate approved applicants in excess of the 200-voter per precinct limit.

In case of boundary dispute, the EO shall maintain the status quo.

3. Indicate the precinct assignment of the applicant at the upper right-hand portion of the application form.  No dummy/default precinct assignment shall be allowed; and

d) Upon receipt of the application forms, the applicant shall personally accomplish the same separately in his/her own handwriting and submit the accomplished application forms to the EO.  TITLES SUCH AS ATTORNEY, REVEREND, ENGINEER, DATU, SULTAN, HADJI, BAI, DOCTOR AND OTHER TITLES OF SIMILAR NATURE SHALL NOT BE ALLOWED.

(e) For illegitimate children whose certificates of live birth do not include a middle name, the character “__” (underscore) may be used for the middle name during the computer encoding of the data of the applicant.  However, if a middle or maternal name is indicated in the certificate of live birth of an illegitimate person, the same may be used by such voter in the filing of his application for registration and/or cases of correction of entries.

(f) In case of applicants who do not know their birth date, the numbers 01-01-1901 (default birthday) shall be used; provided, that the EO can reasonably ascertain that the applicant is of voting age through his/her physical features, and other relevant indicators such as year in college and number of children.

(g) The EO shall ensure that the application has been filled up correctly, completely and legibly; write down the Application Form Number; return the forms to the applicant; and direct the applicant to the Data Capture Machine (DCM) Operator.

The Application Form Number shall consist of four parts and thirteen digits, as follows:

First Part	-	Two (2) digit province code
Second Part	-	Two (2) digit city/municipal code
Third Part	-	Two (2) digit Data-Capture Machine (DCM) Number which is 30 (default)
Fourth Part	-	Seven (7) digit control code, which shall start with the number following the last application form number assigned on December 29, 2009.

(h) Using the DCS, the DCM Operator shall:

1. Select File -> Registration
2. Click on NEW radio button
3. Encode demographics information and capture the biometrics data of the applicant
4. Save the record

He shall then direct the applicant to the EO.

(i) Upon receipt of the application, the EO shall:

1. administer the oath (before the Koran in ARMM areas);
2. affix his signature in the appropriate space of the form;
3. retain the three (3) copies; and
4. cut the bottom portion of one copy of the application form and give it to the applicant to serve as Acknowledgment Receipt and proof of filing of his application.

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Republic Act No. 8189 - The Voter's Registration Act of 1996

Republic Act No. 8189

PROVIDING FOR A GENERAL REGISTRATION OF VOTERS, ADOPTING A SYSTEM OF CONTINUING REGISTRATION, PRESCRIBING THE PROCEDURES THEREOF AND AUTHORIZING THE APPROPRIATION OF FUNDS THEREFOR

Promulgated: 1 June 1996

Section 1. Title. - This Act shall be known as "The Voter's Registration Act of 1996."

Sec. 2. Declaration of Policy. - It is the policy of the State to systematize the present method of registration in order to establish a clean, complete, permanent and updated list of voters.

Sec. 3. Definition of Terms. - As used in this Act:

a. Registration refers to the act of accomplishing and filing of a sworn application for registration by a qualified voter before the election officer of the city or municipality wherein he resides and including the same in the book of registered voters upon approval by the Election Registration Board; 

b. Registration Record refers to an application for registration duly approved by the Election Registration Board; 

c. Book of Voters refers to the compilation of all registration records in a precinct; 

d. List of Voters refers to an enumeration of names of registered voters in a precinct duly certified by the Election Registration Board for use in the election; 

e. Illiterate or Disabled person refers to one who cannot by himself prepare an application for registration because of his physical disability to read and write; 

f. Commission refers to the Commission on Elections (COMELEC); 

g. Election Registration Board refers to the body constituted herein to act on all applications for registration; 

h. Voter's Identification Number (VIN) refers to the number assigned by the Commission on Elections to a registered voter that shall consist of three (3) parts:

1. The current address (city/municipality and province); 

2. the current precinct assignment of the voter; and 

3. the permanent birth and name code unique to every voter; 

i. Political Parties refer to local, regional or national political parties existing and duly registered and accredited by the Commission; 

j. Precinct refers to the basic unit of territory established by the Commission for the purpose of voting; 

k. Precinct Maps refers to a sketch or drawing of a geographical area stated in terms of streets or street blocks or sitios the residents of which would belong to a particular precinct; 

l. Polling place refers to the place where the Board of Election Inspectors conducts its proceeding and where the voters cast their votes; 

m. Voting center refers to the building or place where the polling place is located; 

n. Election Officer refers to the highest official or authorized representative of the Commission in a city or municipality; and 

o. Board of Election Inspectors refers to the body which conducts the election in the polling place of the precinct usually composed of three (3) public school teachers appointed by the Commission.

Sec. 4. Permanent List of Voters. - There shall be a permanent list of voters per precinct in each city of municipality consisting of all registered voters residing within the territorial jurisdiction of every precinct indicate by the precinct maps.

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

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     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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The Printing of EDCVL for Use in the May 10, 2010 National & Local Elections

IN THE MATTER OF THE PRINTING OF THE ELECTION DAY 
COMPUTERIZED VOTERS LIST (EDCVL) FOR USE IN THE 
MAY 10, 2010 NATIONAL AND LOCAL ELECTIONS

RESOLUTION No. 8838

Promulgation: 30 April 2010

---

WHEREAS, COMELEC Resolution No. 8786 requires the distribution of two (2) copies of the Election Day Computerized Voters List (EDCVL) to the members of the boards of election inspectors (BEI) for use in the May 10, 2010 automated national and local elections;

WHEREAS, the purpose of the second copy of the EDCVL is to ensure that in case a court or electoral tribunal will take possession of the EDCVL due to a pending electoral protest, the Election Officer will have an extra copy to be used in recording the voting history of the voters in his jurisdiction;

WHEREAS, the Information Technology Department (ITD), which is tasked to generate and print the EDCVL, has recommended that due to insufficient supply of toner being used for the printing, only one copy of the EDCVL be printed for the remaining 36.7% or 18,615,207 records still to be printed, and that for the cities and municipalities where two copies of the EDCVL have already been printed, the Election Officers shall be directed to provide only one copy of the EDCVL to the BEIs for use on election day;

WHEREAS, requiring the printing of two copies of EDCVL for the remaining 36.7% of the records may result in the ITD not being able to complete the printing of all EDCVLs in time for distribution to the BEIs for use on election day;

NOW, THEREFORE, by virtue of the powers vested in it by the Constitution, Omnibus Election Code, Republic Act No. 9369 and other election laws, the Commission RESOLVED, as it hereby RESOLVES:

1. 
   
   To approve the recommendation of the Information Technology Department that only one copy of the EDCVL be printed for the remaining 36.7% or 18,615,207 records still to be printed;
2. 
   
   For cities and municipalities where two copies of the EDCVL have already been printed, to maintain the instructions under Resolution No. 8786 that two (2) copies of the Election Day Computerized Voters List (EDCVL) shall be distributed to the members of the boards of election inspectors (BEI) for use on election day; and
3. 
   
   To ensure that the Election Officer will have an extra copy of the EDCVL to be used in recording the voting history of the voters in his jurisdiction even if a court or electoral tribunal will take possession of the EDCVL due to a pending electoral protest, to require the Election Officer to photocopy the EDCVL before issuing the same to the court or electoral tribunal.

Let the PMO Project Director implement this Resolution.

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