COMELEC Rules of Procedure - TOC

COMELEC

Rules of Procedure

February 15, 1993

TABLE OF CONTENTS

PURSUANT to Section 6 of Article IX-A and Section 3 of Article IX-C of the Constitution of the Republic of the Philippines and the powers vested in it by existing laws, the Commission on Elections hereby promulgates the following rules governing pleadings, practice and procedure before it or any of its offices:

PART	DESCRIPTION
I	INTRODUCTORY PROVISIONS
II	POWERS OF THE COMMISSION AND TRANSACTION OF BUSINESS
III	INITIATION OF ACTIONS OR PROCEEDINGS BEFORE THE COMMISSION
IV	DISPOSITION OF ACTIONS OR PROCEEDINGS
V	PARTICULAR ACTIONS OR PROCEEDINGS
VI	PROVISIONS GOVERNING ELECTION CONTESTS AND QUO WARRANTO CASES BEFORE TRIAL COURT
VII	ELEVATION OF DECISIONS TO THE SUPREME COURT
VIII	GENERAL PROVISIONS
IX	CONCLUDING PROVISIONS
	SIGNATORIES

Additional registrants will be "like chance passengers"

Like chance passengers in a fully booked flight, additional registrants for the 2010 polls could only vote if there would be extra ballots.  The Commission on Elections (COMELEC) will no longer print additional ballots for voters who will register starting December 21.

“We won’t be printing any additional ballots. They will be like chance passengers," COMELEC spokesperson James Jimenez said on Saturday, reiterating an earlier statement made by Jose Melo, the chief of the poll body.

Aside from the ballots that are scheduled to be printed on January 28 based on the number of voters that had registered prior to the ruling of the Supreme Court, the poll body would no longer produce extra ballots, according to Jimenez.

There are over 49 million registered voters as of December 10. The ratio of ballot to voter was supposed to be one is to one.

“We can’t print anymore (ballots), we cannot delay it (poll preparations) anymore," Jimenez told GMANews.TV in a phone interview.

He said additional voters could still vote if there would be “spare" ballots on election day. Jimenez said that “usually there’s low voter turnout" during the polls, thus there could still be extra ballots for additional registrants.

Last December 15, the Supreme Court extended the voter registration for the 2010 elections to January 9 after it nullified a Comelec resolution that limited the said registration to October 31, 2009.

In its nine-page decision, the high tribunal directed the Comelec to immediately reopen the registration as a reply to the petition of Kabataan party-list Rep. Raymond Palatino, who questioned the shortened period for registration.

Last week, in an interview with Mike Enriquez, Melo also said that additional registrants would be like “chance passengers."

“Halimbawa, ang registered sa inyong presinto, 200, eh magpi-print po kami ng 200 ballots for that number.  Ngayon, hindi naman siguro pwedeng 100 percent ang turnout, baka magboto riyan mga 110 to 150, whatever. So, limit na number of ballots, yung mga nagpa-register ngayon, makahabol din. Dun sa number of ballots we will print, di na ho sila kasali do’n...," said Melo.

(For instance, if the number of registered voters in your precinct is 200, we will print 200. But the voter-turnout can’t be always 100 percent, it could be 110 to 150, whatever.  So those who will register could still have the chance to vote.  But they will no longer be included in the number of ballots that we will print.)

Asked by Enriquez if the situation could be compared to that of people taking chances to ride on an already passenger-loaded bus or board an already fully booked plane, Melo agreed, saying they could be compared to “chance passengers."

Asked if the poll body would be prepared for criticisms on its decision not to print additional ballots for new voters, Jimenez said that the COMELEC could no longer do anything about it because “this is what was already decided."

The tentative schedule for the continuation of registration has been set on December 21 to 23 and on 28 to 29.   Meanwhile, January 2 to 9 will be allotted for “administrative matters."

COMELEC Law Department head Ferdinand Rafanan said the poll body would post the list of the new applicants on January 4, giving the registrants until January 6 to file an opposition to any of the other registrations.

By January 9, the Election Registration Board is expected to begin its hearings to weed out ineligible registrants, according to Rafanan. - GMANews.TV

Last Minute Registration Process Post Deadline

Even as various field offices of the COMELEC were already wrapping up at midnight of October 31, 2009, there were still long queues of voter applicants in some areas wanting to  get registered on the deadline of registration.  It was, however, a ministerial duty of Election Officers to receive the filled up forms of these applicants.  

But the dilemma is, if these applicants will still have to undergo the process of biometrics-taking after having submitted their application forms, the bell will have already tolled at midnight of the deadline.  The next second more would render these applicants to have registered out of time, and therefore, not having registered at all, hence not qualified to vote for the National and Local Elections in May 10, 2010. 

What the Election Officers did was just to gather these forms and advised the applicants to come back for the final stage of the process of registration -- the biometrics-taking.  The following day, however, was a holiday.  So, the next working day would be in November 3, 2009.  

But what is the legal basis for Election Officers to take the biometrics of voter applicants three days after the deadline?  This is the purpose for the Minute Resolution No. 09-0741 promulgated by the COMELEC En Banc on November 3, 2009.  The RESOLUTION reads as follows:

MINUTE RESOLUTION No. 09-0741

IN THE MATTER OF COMPLETING THE PROCESSING OF APPLICATIONS FOR REGISTRATION 
FILED LAST OCTOBER 31, 2009

Promulgated: 3 November 2009

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In order to complete the processing of applications for registration filed last October 31, 2009, the Commission, after due deliberation, RESOLVED, as it hereby RESOLVES, to direct all Election Officers concerned to continue the biometrics taking of those who filed applications for registration last October 31, 2009, on November 3, 2009, from 8:00 a.m. to 12:00 midnight, same day.

Let the Executive Director implement this resolution.

SO ORDERED.

(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

PHOTO CREDIT:   philstar.com

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."