How the Automated Election in May 10, 2010 Go?

Yahoo Southeast Asia, together with Smartmatic-TIM has provided us with a demonstration video of the process of how the first automated elections in the Philippines on May 10, 2010 will go.

We suggest that you replay the video over and over again, to 
familiarize yourself with the whole process. 

And, please, help us disseminate the knowledge you have learned from this video. 

If you have some query, please feel FREE to write them hereunder, 
including your COMMENTS or suggestions.

Can COMELEC Annul An Election?

The Commission on Elections (COMELEC) is vested with the power to enforce and administer all laws relative to the conduct of elections and to insure free, orderly, and honest elections.  Does its power include the authority to annul an election which may not have been free, orderly, and honest?

The Supreme Court, in holding that it does not include such authority, and that Article X, Section 2 of the 1935 Constitution [Guevara vs. Commission on Elections, 55 O.G. 1013] is merely preventive, said:

"It is intended to prevent any and all forms of election fraud or violation of the Election Law, but if it fails to accomplish that purpose, it is not the Commission on Elections that is charged with the duty to cure or remedy the resulting evil, but some other agencies of the Government.  The power to decide decisions involving the right to vote is expressly withheld from the Commission on Elections although, the right to vote is provided in the Election Law, the enforcement and administration of which is placed in the exclusive charge of the Commission.  Parallel to the withholding of such power from the Commission is the vesting in other agencies of the more inclusive power to decide all contests relating to the elections, returns and qualifications of the Members of Congress namely, the Electoral Tribunal of the Senate in the case of the senators, and the Electoral Tribunal of the House of Representatives in the case of the members of the latter.  Election contests involving provincial and municipal officials are entrusted to the courts."  [Nationalista Party vs. Commission on Elections, 85 Phil. 149]

Resolution No. 8692

IN THE MATTER OF AMENDING SECTIONS 5 AND 6 OF COMELEC RESOLUTION NO. 8678, PROMULGATED OCTOBER 6, 2009, ENTITLED: "GUIDELINES ON THE FILING OF CERTIFICATES OF CANDIDACY AND NOMINATION OF OFFICIAL CANDIDATES OF REGISTERED POLITICAL PARTIES IN CONNECTION WITH THE MAY 10, 2010 NATIONAL AND LOCAL ELECTIONS" 

RESOLUTION No. 8692

(Promulgation:  5 November 2009)

This is to amend Sections 5 and 6 of COMELEC Resolution No. 8678, promulgated October 6, 2009, entitled: "Guidelines on the Filing of Certificates of Candidacy and Nomination of Official Candidates of Registered Political Parties in connection with the May 10, 2010 National and Local Elections", the pertinent portions of which read:

"Sec. 5. Period for filing Certificate of Candidacy. - The certificate of candidacy shall be filed on regular days, from November 20 to 30, 2009, during office hours, except an the last day, which shall be until midnight.

Sec. 6. Certificates of nomination of official candidates by the political party. - The certificate of nomination of registered political parties or coalitions of political parties of their official candidates shall be filed, in five (5) copies, not later than the last day of filing of certificates of candidacy, duly signed and attested under oath by the party president, chairman, secretary-general or any other duly authorized officer and shall bear the acceptance of the nominee by affixing his signature in the space provided therein. If the certificate of nomination of a candidate is filed within the period for filing of certificate of candidacy, but after his certificate of candidacy has been filed, a copy of the certificate of nomination shall be attached to the certificate of candidacy.

For this purpose, all registered political parties shall, not later than November 15, 2009, submit to the Law Department the names and specimen signatures of the authorized signatories to official party nominations.

x x x                             x x x                             x x x

After due deliberation, the Commission RESOLVED, as it hereby RESOLVES, to amend Sections 5 and 6 of Comelec Resolution No. 8678, promulgated October 6, 2009, to now read as follows:

"Sec. 5. Period for filing Certificate of Candidacy. - The certificate of candidacy shall be filed from 8:00 o'clock in the morning up to 5:00 o'clock in the afternoon, beginning November 20, 2009 up to November 30, 2009, and up to midnight on December 1, 2009, inclusive of Saturdays, Sundays and Holidays.

Sec. 6. Certificates of nomination of official candidates by the political party. - The certificate of nomination of registered political parties or coalitions of political parties of their official candidates shall be filed, in five (5) copies, not later than the last day of filing of certificates of candidacy, duly signed and attested under oath by the party president, chairman, secretary-general or any other duly authorized officer and shall bear the acceptance of the nominee by affixing his signature in the space provided therein. If the certificate of nomination of a candidate is filed within the period for filing of certificate of candidacy, but after his certificate of candidacy has been filed, a copy of the certificate of nomination shall be attached to the certificate of candidacy.

       For this purpose, all registered political parties shall, not later than November 16, 2009, submit to the Law Department the names and specimen signatures of the authorized signatories to official party nominations.

x x x                              x x x                             x x x

The Education and Information Department shall cause the publication of this Resolution in two (2) daily newspapers of general circulation in the Philippines and give the same the widest dissemination possible and furnish copies thereof to all Regional Election Directors, Provincial Election Supervisors, Election Officers and accredited political parties and party-list organizations or coalitions participating in the party list system of representation.

SO ORDERED.

(Sgd.) JOSE A.R. MELO

Chairman

(Sgd.) RENE V. SARMIENTO            (Sgd.) NICODEMO T. FERRER

Commissioner                                Commissioner

(Sgd.) LUCENITO N. TAGLE                (Sgd.) ARMANDO C. VELASCO

Commissioner Commissioner

(Sgd.) ELIAS R. YUSOPH             (Sgd.) GREGORIO Y. LARRAZABAL

Commissioner                                    Commissioner

Politicians To Sabotage 2010 Automated Polls?

Some unscrupulous politicians are planning to sabotage next year’s automated elections, a senator bared on Wednesday.

Senator Richard Gordon however could not substantiate his claims, saying only that he’d been receiving reports that some congressmen are planning to stop the implementation of the automated elections. 




“There are some people who are desperate. Natatakot sila na mahina yung kanilang kandidato (They are afraid that their bets would lose)," he said even as he expressed doubts that these politicians would succeed.

“Hindi ko ipaglalaban yan passionately kung hindi ko nakikita na magwo-work yan (I would not have fought for it passionately if I did not see that it will work)," said the author of the Republic Act 9369 or the Amended Automated Elections System Law.

The Commission on Elections (Comelec), on the other hand, dismissed the possibility of sabotage.

“Just trust the Comelec that we would ensure clean, honest and orderly elections in 2010," said Commissioner Ferdinand Rafanan in an earlier interview.

The poll body even said the the machines that will be used in the 2010 elections can even run without electricity.

“The machines can work on batteries for a total of sixteenhours, so even with a brownout, the machines will still work," Comelec spokesperson James Jimenez.

The National Power Corporation (Napocor) said that it would require six billion pesos to ensure sufficient power supply on election day.

Renato Garcia, IT consultant of Comelec chairman Jose Melo, told reporters that the Precinct Count Optical Scan (PCOS) machines work like portable computers, which can run on backup power.

“Since these are practically laptops, backup power is not really a problem and consumption of energy is very low," he said.

A total of 42, 200 PCOS machines will arrive in December while another 40,000 will be delivered in January. - GMANews.TV

Resolution No. 8678 - Guidelines on the Filing of Certificates of Candidacy and Nomination of Official Candidates

RESOLUTION No. 8678
Guidelines on the Filing of Certificates of Candidacy and Nomination of Official Candidates of Registered Political Parties in Connection with the May 10, 2010 National and Local Elections

[Promulgation: 06 October 2009]

The Commission on Elections, by virtue of the power vested in it by the Constitution, the Omnibus Election Code, and other election laws, RESOLVED to promulgate as it hereby promulgates, the following rules and guidelines on the filing of certificates of candidacy and nomination of official candidates of registered political parties in connection with the May 10, 2010 National and Local Elections.

SEC. 1. Certificate of Candidacy. - a) No person shall be elected President, Vice-President, Senators, Member of the House of Representatives, Provincial, City or Municipal officials unless he files a sworn certificate of candidacy in the form prescribed by the Commission (prescribed forms attached), and within the period fixed herein.

b) No person shall be eligible for more than one office to be filled in the same election. If he files a certificate of candidacy for more than one office he shall not be eligible for either. However, before the expiration of the period for the filing of certificate of candidacy, the person who has filed more than one certificate of candidacy may declare under oath the office for which he desires to be eligible and cancel the certificate of candidacy for the other office or office/s. Said declaration shall be filed personally or through his duly authorized representative with the proper office in accordance with Sec. 3 hereof.

c) A person who has filed a certificate of candidacy may, prior to the election, withdraw the same pursuant to Sec. 13 hereof.

d) The filing of a withdrawal of a certificate of candidacy shall not affect whatever civil, criminal or administrative liabilities a candidate may have incurred.

SEC. 2. Contents of certificate of candidacy. - The certificate of candidacy shall be under oath and shall state that the person filing it is announcing his candidacy for the office and constituency stated therein; that he is eligible for said office, his age, sex, civil status, place and date of birth, his citizenship, whether natural-born or naturalized; the registered political party to which he belongs; if married, the full name of the spouse; his legal residence, giving the exact address, the precinct number, barangay, city or municipality and province where he is registered voter; his post office address for election purposes; his profession or occupation or employment; that he is not a permanent resident of an immigrant to a foreign country; that he will support and depend the Constitution of the Republic of the Philippines and will maintain true faith and allegiance thereto; that he will obey the laws, legal orders, decrees, resolution, rules and regulations promulgated and issued by the duly-constituted authorities; that he assumes the foregoing obligations voluntarily without mental reservation or purpose of evasion; and that the facts stated in the certificate are true and correct to the best of his own knowledge.

Unless a candidate has officially changed his name through a court-approved proceeding, a candidate shall use in a certificate of candidacy the name by which he has been baptized or if he has not been baptized in any church or religion, the name registered in the office of the local civil registrar or any other name under the provisions of existing law or, in the case of a Muslim, his Hadji name after performing the prescribed religious pilgrimage: provided, that when there are two or more candidates for an office with the same name and surname, each candidate, upon being made aware of such fact, shall state his paternal and maternal surname, except the incumbent who may continue to use the name and surname stated in his certificate of candidacy when he was elected.

The person filing the certificate of candidacy may include one nickname or stage name by which he is generally or popularly known in the locality; Provided: That no candidate shall use the nickname, stage name or initials of another. In case of several nicknames or stage names, only the nickname or stage name first written shall be considered.

Titles, such as DON, DATU, DOCTOR, GINOO, or words of similar imports shall not be allowed.

SEC. 3. Where to file certificate of candidacy. - The certificate of candidacy shall be filed in FIVE (5) LEGIBLE COPIES with the offices of the Commission specified hereunder:

1. Law Department, Commission on Elections:  -- For President, Vice-President and Senator.

2. Regional Election Director, NCR:  --  For Members of the House of Representatives for legislative districts in the National Capital Region (NCR);

3. Provincial Election Supervisor concerned:

          1) Members of the House of Representatives of legislative districts in provinces;

          2) For Provincial officials;

4. City Election Officer concerned designated for the purpose by the Regional Election Director.

          1) Members of the House of Representatives for legislative districts in cities outside the NCR, which comprise one or more legislative districts;

          2) For City Officials of cities with more than one election officer.

Copies of the designation of the Election Officer concerned shall immediately be submitted to the Law Department of the Commission;

5. City/Municipal Election Officer concerned: --  For City/Municipal Officials

The certificate of candidacy shall be filed by the candidate personally or by his duly authorized representative. No certificate of candidacy shall be filed or accepted by mail, telegram or facsimile. The authority of the authorized representative shall be in writing and under oath and attached to the certificate of candidacy.

Certificate of candidacy not filed with the correct offices as enumerated above shall not be accepted.

The filing of the certificate of candidacy of a substitute candidate, in case of valid substitution, shall be filed in accordance with Sec. 13 hereof.

The form of the certificate of candidacy shall be distributed free of charge and no filing fee shall be imposed.

SEC. 4. Effects of Filing Certificates of Candidacy. - a) Any person holding a public appointive office or position including active members of the Armed Forces of the Philippines, and other officers and employees in government-owned or controlled corporations, shall be considered ipso facto resigned from his office upon the filing of his certificate of candidacy.

b) Any person holding an elective office or position shall not be considered resigned upon the filing of his certificate of candidacy for the same or any other elective office or position.

SEC. 5. Period for filing Certificate of Candidacy. - The certificate of candidacy shall be filed on regular days, from November 20 to 30, 2009, during office hours, except on the last day, which shall be until midnight.

SEC. 6. Certificates of nomination of official candidates by the political party. - The certificate of nomination of registered political parties or coalitions of political parties of their official candidates shall be filed, in five (5) copies, not later than the last day for filing of certificates of candidacy, duly signed and attested under oath by the party president, chairman, secretary-general or any other duly authorized officer and shall bear the acceptance of the nominee by affixing his signature in the space provided therein. If the certificate of nomination of a candidate is filed within the period for filing of certificate of candidacy, but after his certificate of candidacy has been filed, a copy of the certificate of nomination shall be attached to the certificate of candidacy.

For this purpose, all registered political parties shall, not later than November 15, 2009, submit to the Law Department the names and specimen signatures of the authorized signatories to official party nominations.

No certificate of nomination or any amendment thereto shall be filed after the last day for filing of certificate of candidacy, except in case of valid substitution under Sec. 13 hereof.

No political party shall be allowed to nominate candidates more than the number of persons required to be voted for in an elective position. In such a situation, all of the nominations shall be denied due course by the Commission.

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