Group to file TRO against purchase of PCOS machines

By:  REYNALDO SANTOS, JR.

RAPPLER BETA

MANILA, Philippines (19 March 2012) - THE DECISION of the Commission on Elections (COMELEC) to purchase the 2010 election machines for the 2013 polls could reach the Supreme Court.

Plan to purchase PCOS machines ‘illegal, risky’

By:  Jerome Aning, TJ Burgonio

Philippine Daily Inquirer

MANILA, Philippines (19 March 2012) - A poll watchdog said the Commission on Election's (COMELEC) plan to buy Smartmatic Corp.'s used Precinct Count Optical Scan (PCOS) machines was "illegal" and "risky."

COMELEC decides to buy Smartmatic's PCOS

By:  Rappler Beta

MANILA, Philippines (15 March 2012) -  IT'S final.  After weeks of dilly dallying, the Commission on Elections (COMELEC) formally decided to exercise the "option to purchase" precinct count optical scan (PCOS) machines from 2010 automation vendor Smartmatic.  These will be used in the 2013 national and local elections.

Resolution No. 9640 - General Instructions for BEI on Testing and Sealing, Voting, Counting and Transmission of Election Results

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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. DepEd Supervisors and their Support Staff; Composition and Functions. - There shall be at least one (1) DepEd Supervisor Official with one (1) support staff for every voting center.  In case of polling centers with more than ten (10) clustered precincts, an additional DepEd supervisor official with one (1) support staff shall be constituted, as follows:

The DepEd Supervisors, in coordination with the EO, shall, among other things:

a)  Plan, organize and supervise the setting-up of a voters' assistance center at the voting center to assist voters in locating their polling places/precinct assignments;

b)  Plan, organize and supervise the crowd management at the entrance areas of polling places;

c)  Maintain a list of technical personnel as well as PNP and AFP personnel in the voting centers for efficient coordination in case of need; and

d)  Serve as the contact and point person of the EO in the voting center.

The Support Staff of the DepEd Supervisor shall assist the latter in undertaking the abovementioned functions.

SEC. 15. Honoraria of the BEI and their support staff; DepEd Supervisor and their suppor staff. - The chairman and members of the BEI shall each receive an honorarium of three thousand pesos (P3,000.00).  In addition, each shall receive P500.00 for the Testing and Sealing of Machines; P500.00 for one-time transportation allowance, and service credits for three days of service (day before the elections, election day, and day after elections).

The BEI Support Staff shall receive an honorarium of P1,500.00 each and, if applicable, service credits, for three (3) days of service (day before the elections, election day, and day after elections.

DepEd Supervisors shall receive an honorarium of P3,000.00 and service credits for three (3) days of service (day before the elections, election day, and day after elections); while their support staff shall receive an honorarium of P1,500.00, and service credits for three (3) days of service (day before the elections, election day, and day after elections).

SEC. 16. Insurance of DepEd and Non-DepEd Personnel. - The Commission shall allocate the amount of Thirty Million Pesos (P30,000,000.00) for election-related death or injuries that may be sustained by DepEd and non-DepEd personnel in the performance of election duties; Provided, that, in case of death while in the performance of election duties, the heirs of the deceased official/employee shall be given the amount of Two Hundred Thousand Pesos (P200,000.00).

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Resolution No. 9640 - General Instructions for BEI on Testing and Sealing, Voting, Counting and Transmission of Election Results

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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 EO shall accomplish the form for the Appointment of the Chairman and members of the BEI (CEF No. A5) in three (3) copies, and require the chairman and members of the BEI to affix before him their signatures and imprints of their right thumbs on the Oath of Office (CEF No. A5-A) before assumption of office.

Copies of the Appointment and Oath (CEF No. A5 & CEF No. A5-A) shall be distributed, as follows:

a)  The first and second copies shall be retained by the EO.  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 and members of the BEI concerned.

SEC. 8. Minutes of Testing and Sealing; Voting and Counting (Minutes). - The BEI shall enter in the Minutes (CEF No. A11), the act or data therein required as they occur or become available during the testing and sealing, voting, counting, and transmission of results.  Copies thereof shall be sealed in separate envelopes, to be distributed as follows:

a)  First copy, to the EO, who shall transmit it to the Election Records and Statistics Department (ERSD), COMELEC, Manila; and

b)  Second copy, to be deposited inside the ballot box.

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 EO, subject to the qualifications and conditions provided under Sections 2, 3 and 7 hereof, in such ratio as indicated below:

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 the polling place and administer the electronic counting of votes, including the testing and sealing of the PCOS machine;
   

b)  Print the election returns and transmit electronically the election results, through the use of the PCOS machine, to the:

i.  City/Municipal Board of Canvassers;

ii.  Central Servers; and

iii.  Transparency Server (Dominant Majority Party/Dominant Minority Party/Accredited Citizens' Arm/KBP 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 interruprts 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 shall be attached to the Minutes;

e)  Furnish watchers Certificate of Votes (CEF No. A13) upon request; and

f)  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. - Members of the BEI who are registered voters in 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. 

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