comelec resolution 9485 voting of pwd

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  • June 29, 2012

    COMELEC RESOLUTION NO. 9485

    RULES AND REGULATIONS FOR VOTING OF PERSONS WITH DISABILITIES(PWDS) AND FOR THE ESTABLISHMENT OF ACCESSIBLE POLLING PLACES INCONNECTION WITH THE MAY 13, 2013 NATIONAL AND LOCAL ELECTIONS

    WHEREAS, the Philippines is a State Party to the Convention on the Rights ofPersons with Disabilities (CRPD) which rearms that Persons with Disabilities(PWDs) enjoy the same human rights as everyone;WHEREAS, the CRPD not only claries that States should not discriminate againstPWDs, it also set out many steps that States must take to create an enablingenvironment so they can enjoy real equality in society;WHEREAS, even prior to becoming a State Party to the CRPD in 2008, thePhilippines has already enacted Republic Act 7277 in 1995, otherwise known as theMagna Carta for Disabled Persons as amended by Republic Act 9442 in 2007, whicharms its commitment to the full participation and total integration of PWDs intothe mainstream of society;WHEREAS, the Commission on Election, as a matter of policy of aording PWDs anequal access to electoral processes, promulgated resolutions pertaining to PWDs'exercise of the right to surage such as Resolution 9220 and Minute Resolution 11-0708 in accordance to their rights to participation in political and public life;WHEREAS, accessibility of polling places to PWD voters on election day is anobligation of the State to ensure "equality" and "full participation" of PWDs in sociallife, development and in particular to the exercise of their right to suffrage; HDTSIEWHEREAS, this Resolution provides the guidelines for voting of PWDs and for theestablishment of accessible polling places and providing other forms of assistance forPWDs in selected voting centers on election day to ensure that they enjoy the rightto suffrage on equal basis with others;NOW THEREFORE, pursuant to the powers vested in it by the Constitution, theOmnibus Election Code and other related election laws, the Commission onElections HEREBY RESOLVES to promulgate the following rules and regulations onPWD voting:

    RULE IIntroductory Provisions

    SECTION 1. Definition of Terms. As used in this Resolution, the term:(A) Persons with Disabilities (PWDs) shall include those who have

  • long-term physical, mental, intellectual or sensory impairments,which in interaction with various barriers may hinder their fulland eective participation in society on an equal basis withothers. For purposes of this Resolution, PWDs shall include thosewith any of the following disabilities, which hamper the fullenjoyment of the right to suffrage:(i) Physical Pertains to conditions associated with muscular

    or skeletal functions that limit a person's performance ofactivities associated with movement, both the personhimself and/or of objects.

    (ii) Hearing Pertains to conditions associated to the auditorysenses that can manifest as partial or complete loss ofhearing.

    (iii) Speech Pertains to conditions related to diculties incommunicating through speech. IcaHTA

    (iv) Visual Pertains to conditions associated with visualsenses that can manifest as partial or complete loss of sight,among others.

    (v) Non-Manifest Pertains to conditions that are notimmediately apparent but may need assistance from theCOMELEC.

    (B) Special Board of Election Inspectors for PWDs (SBEI-PWD) shallrefer to the special body which conducts the election in theaccessible polling place usually composed of three (3) publicschool teachers appointed by the Commission. Every SBEI-PWDshall have a support sta depending on the number of PWDsassigned to the accessible polling place.

    (C) Accessible Polling Place for PWDs shall refer to the place wherethe Special Board of Election Inspectors for PWDs (SBEI-PWD)conducts its proceeding and where the PWDs cast their votes onelection day.

    (D) Election Day Computerized Voters List for PWDs (EDCVL-PWD)shall refer to the nal list of registered PWD voters who arevoting through the accessible polling places established inselected voting centers (containing the voter's photographs,signatures, and thumb prints) used on the day of the electionswherein the voters must imprint their thumb marks and axtheir signatures after casting their votes duly certied by theSBEI-PWD.

    (E) Posted Computerized Voters List for PWDs (PCVL-PWD) shall

  • refer to the nal list of PWD voters (containing the voters names,addresses and precinct numbers) posted in each accessible pollingplace.

    (F) Voting center shall refer to the building or place where thepolling place is located.

    (G) Precinct shall refer to the unit of territory for the purpose ofvoting. EHITaS

    SECTION 2. Who are Entitled to Avail of the Accessible Polling Place for PWDs. The following shall be entitled to vote in the accessible polling place for PWDs:

    (A) PWDs who checked the box containing "Disabled/Person withDisability" in their application for registration and who have anactive registration status.

    (B) PWDs who have previously registered but have not indicated thetype of disability, or who may have developed/manifested suchdisability after having been registered AND subsequentlyUPDATED THEIR RECORDS by accomplishing the SupplementaryData at the Office of the Election Officer.

    Further, only those PWDs whose names appear in the EDCVL-PWDand/or PCVL-PWD may vote in the accessible polling place.

    RULE IICommittee on PWD Voting

    SECTION 1. Creation. A Committee on PWD Voting shall be created andcomposed of the following:

    Chairman : Commissioner Rene V. SarmientoVice-Chairman : Dir. Esmeralda Ladra

    Law DepartmentMembers : Dir. Divina Blas-Perez

    Education and Barangay Affairs DepartmentEngr. Vergil Soriano

    Election Records and Statistics Department: Ms. Rena Sabio

    Administrative Services Department ICAcaH: Ms. Melanie Cruz

    Disbursing Officer: Mr. Raul Bautista

    Information and Technology Department: Ms. Emma Masongsong

    Education and Information Department

  • : Dir. Eduardo MejosFinance

    Atty. Rexie May MagsanoOffice of the Committee Chairman

    : Ms. Mary Loren ValdiviaOffice of the Committee Chairman

    Ms. Mila TamonanOffice of the Committee Chairman

    : Mr. Paul AngelesOffice of the Committee Chairman

    : One (1) Representative from the Officeof Comm. Lucenito N. Tagle

    : One (1) Representative from the Officeof Armando C. Velasco

    : One (1) Representative from the Officeof Elias R. Yusoph

    : One (1) Representative from the Officeof Comm. Christian Robert S. Lim

    SECTION 2. Powers and Functions of the Committee. The Committee shalloversee and ensure the implementation of all COMELEC resolutions pertaining toPWD voting and shall have the following powers and functions: CcAHEI

    (A) Identify the voting centers where the accessible polling placewill be established. Accessible polling places shall be established,as far as practicable, in voting centers which have two or three-storey buildings.

    (B) Identify the total number of PWDs in the voting centers wherean accessible polling place shall be established.

    (C) Prepare, in coordination with the Information TechnologyDepartment, the Election Day Certied Voter's List for PWDs(EDCVL-PWD) per accessible polling place.

    (D) Determine the election paraphernalia, the number of SBEI-PWDand support staff required in the accessible polling places.

    (E) Ensure that the EDCVL-PWD are properly distributed at theaccessible polling places.

    (F) Perform and exercise such other powers and functions as may benecessary for the proper implementation of COMELEC resolutionsand rules on PWD voting.

    RULE IIIAccessible Polling Places for PWDs

  • SECTION 1. Accessible Polling Places for PWDs. The accessible polling place forPWDs shall be constituted by maintaining the existing precinct assignment of thePWD but the polling place shall be assigned at the ground oor of the voting center.The accessible polling place should be established in an area spacious enough toaccommodate more than 10 PWD voters at a given time and considers the mobilityrequirements of PWDs particularly those who are wheelchair users.The Election Ocer/s shall determine the voting centers where an accessible pollingplace shall be established subject to the approval of the Education and BarangayAairs Department. The number of accessible polling places to be established pervoting center shall be based on the number of registered PWD voters assigned in aparticular voting center. IaDTESIn the determination which voting centers will have an accessible polling place, theElection Ocer must rst designate regular polling places which have PWD votersat the ground oor. In case that the regular polling places which have PWD voterscannot all be assigned at the ground oor, the Election Ocer shall recommend thatan accessible polling place be established in the respective voting center.The accessible polling place, as far as practicable, shall be free of any physicalbarriers and provides the necessary mobility, communications, visual and otherforms of assistance for the PWDs.PWDs who were not able to indicate that they have a disability in their applicationforms or were unable to update their records shall vote in the regular polling placewhere they will be provided an express lane and assistor.SECTION 2. Assistance Provided at the Accessible Polling Place. The followingassistance, as far as practicable, shall be provided at the accessible polling place

    (A) Assistor In case the voter cannot accomplish the ballot byhimself, the assistor shall be the one to mechanically accomplishthe ballot pursuant to the orders and directions of the voter.

    Said person may be assisted in the preparation of his ballot by anyperson who is a:(i) Relative within fourth civil degree of consanguinity and

    affinity;(ii) Any person of his condence who belong to the same

    household;(iii) Any member of the SBEI-PWD.

    All assistors must be of voting age.No person may assist a PWD more than three (3) times, except the

    members of the SBEI-PWD.

  • In all cases, the poll clerk shall rst verify from the PWD whetherhe/she had authorized the assistor to fill-up his/her ballot.

    The assistor shall, in the presence of the PWD voter, prepare the ballotusing a ballot secrecy folder. EHaASD

    The assistor shall bind himself in writing and under oath to ll theballot strictly in accordance with the instructions of the voter andnot reveal the contents thereof, by axing his signature in theappropriate space in the Minutes of Voting.

    (B) Communication assistance Assistance such as sign languageinterpretation, or the use of writing materials and papers tocommunicate, or any other mechanism that allows persons withdisabilities related to speech and/or hearing to communicate theirconcerns to the SBEI-PWD and vice-versa.

    (C) Visual assistance Assistance provided such as reading aloud ofthe printed instructions and forms, providing recorded voiceinstructions, printing of voting instructions in large letters or anyother mechanism that can be utilized by the persons withdisability related to sight.

    The Commission, through the Election Ocer, shall designatemembers of the accredited citizens' arms who may assist PWDsin the accessible polling place.

    SECTION 3. Establishment of a Waiting Area for PWDs Inside the Voting CenterWhich Has an Accessible Polling Place. The Election Ocer in coordination withthe principal or administrative ocer of the voting center shall establish a waitingarea for PWDs inside the voting center preferably near the gate or a classroombeside the accessible polling place.The Election Ocer may coordinate with the local government units to ensure thattents and chairs will be provided in the waiting area.SECTION 4. Preparation of the EDCVL-PWD and PCVL-PWD. The EDCVL-PWDshall be prepared by the ITD containing the names of all registered PWDs who arevoting through the accessible polling places established in selected voting centers.The PCVL-PWD shall be prepared by the concerned Election Officer.SECTION 5. Persons Allowed Inside the Accessible Polling Places. Only thefollowing shall be allowed to enter the accessible polling places: EAISDH

    (A) Members and support staff of the SBEI-PWD;(B) Watchers who shall stay only in the space reserved for them;(C) Monitoring groups (maximum of 2 per accessible polling place)

    who shall stay in the space for watchers;

  • (D) Representatives of the Commission on Human Rights;(E) Representatives of the Commission on Elections;(F) PWDs accomplishing their ballots;(G) PWDs waiting for their turn to accomplish their ballots;(H) Assistors;(I) Other persons who may be specically authorized by the

    Commission.SECTION 6. Persons Not Allowed Inside Accessible Polling Place. Unlessspecically authorized by the Commission, it is unlawful for the following to enterany polling place or stay within a radius of fifty (50) meters thereof, except to vote:

    (A) Any ocer or member of the Armed Forces of the Philippines orthe Philippine National Police;

    (B) Any peace ocer or any armed person belonging to any extra-legal police agency, special forces, reaction forces, strike forces,Civilian Armed Force Geographical Units, barangay tanods orother similar forces or paramilitary forces, including specialforces, and security guards.

    (C) All other kinds of armed or unarmed extra-legal police forces;and

    (D) Any candidate or barangay ocial, whether elected orappointed. TaISDA

    However, the SBEI-PWD may, by a majority vote, if it deems necessary, order inwriting the detail of a policeman or any peace ocer for its protection or for theprotection of the election documents and paraphernalia. Such order shall be enteredin the Minutes. Said policeman or peace ocer shall stay outside the polling placenear enough to be easily called by the BEI at anytime. In no case shall the saidpoliceman or peace ocer hold any conversation with any voter or disturb orprevent or in any manner obstruct the free access of the voters to the polling place.

    RULE IVSpecial Board of Election Inspectors, Support Staff, Watchers and Monitoring

    GroupsSECTION 1. Special Board of Election Inspectors (SBEI-PWD) and Support Staper Accessible Polling Place. The Commission, through its Election Ocer indistricts/cities/municipalities where an accessible polling place is established, shallconstitute the SBEI-PWD in accordance with the period provided in the calendar ofactivities for the elections. Special Education (SPED) teachers shall be prioritized in

  • the assignment to the accessible polling place.In addition, the Election Ocer shall designate support sta for every accessiblepolling place.The SBEI-PWD and its support sta shall have the same qualications and shall beappointed in the same manner as the regular BEI.SECTION 2. Powers and Functions of the SBEI-PWD. The SBEI-PWD shall:

    (A) Receive and bring the needed election paraphernalia to theaccessible polling place on election day;

    (B) Receive from the SBEI-PWD support sta (assigned peraccessible polling place) the precinct-specic ballots (per precinct)contained in a properly sealed and signed envelope;

    (C) Conduct only the voting in the accessible polling place (thescanning and counting shall be done in the PWDs respectiveprecinct); ITDSAE

    (D) Seal and sign the envelopes containing the lled-up ballots (perprecinct) and hand it to the SBEI-PWD support sta for countingin the PWDs respective precinct;

    (E) Act as deputies of the Commission on the conduct of theelections;

    (F) Maintain order within the accessible polling place and itspremises; keep access thereto open and unobstructed; andenforce obedience to its lawful orders;

    (G) Perform such other functions prescribed by law or by the rulesand regulations promulgated by the Commission.

    SECTION 3. Duties of the SBEI-PWD Support Sta. There shall be one (1)SBEI-PWD support sta for every accessible polling place. The number of thesupport sta may be increased depending on the number of PWDs assigned to theaccessible polling place.The SBEI-PWD support staff shall:

    (A) Collect the ballots of the PWDs assigned to the accessible pollingplace from the different clustered precincts in the voting center.

    (B) Bring the collected ballots to the accessible polling place in thesame voting center.

    (C) Return for counting the accomplished ballots to the BEI of thedierent clustered precincts where the same ballots were taken

  • on election day.The watchers shall accompany the SBEI-PWD support sta from the accessiblepolling place to the regular polling places of the PWDs, then from the regular pollingplaces to the accessible polling place and, nally, from the accessible polling place tothe regular polling place.SECTION 4. Proceedings of the SBEI-PWD. The meeting of the SBEI-PWD shallbe public and shall be held in the accessible polling place designated by theCommission. cDTACESECTION 5. Voting Privilege of the SBEI-PWD. Members of the SBEI-PWD whoare not availing of the Local Absentee Voting may, on election day, vote in theprecincts where they are registered, provided that their absence in the accessiblepolling place shall not be more than thirty (30) minutes and that they scheduletheir voting so that only one member of the SBEI-PWD shall leave at any one time.SECTION 6. Prohibition Against Political Activity. No member of the SBEI-PWDor its support sta (per accessible polling place) shall engage in any partisan politicalactivity or take part in the election except to discharge his duties as such.SECTION 7. Honoraria of the SBEI-PWD and Their Support Sta. The SBEI-PWD and support sta shall receive honorarium/allowance and other emolumentsas may be authorized by the Commission.SECTION 8. Official Watchers of Candidates, Political Parties and Other Groups. Each candidate and registered political party or coalition of political parties dulyregistered with the Commission and elding candidates in the election, as well asduly accredited citizen's arms may appoint two watchers, to serve alternately, inevery special polling place. However, candidates for Senator, candidates for Member,Sangguniang Panlalawigan or Sangguniang Panlungsod, or Sangguniang Bayan,belonging to the same ticket or slate, shall collectively be entitled to one watcher.Duly accredited citizens' arms of the Commission shall be entitled to appoint awatcher in every accessible polling place. Other civil, professional, business, service,youth, and other similar organizations, with prior authority of the Commission, shallbe entitled collectively to appoint one watcher in every special polling place.If, because of limited space, all watchers cannot be accommodated in the accessiblepolling place, preference shall be given to the watchers of the dominant majorityand dominant minority parties as determined by the Commission and the watcherof the citizens' arm, with the latter being given preferential position closest to theSBEI-PWD. In case there are two or more citizen's arm, the one authorized by theCommission to conduct an unofficial count shall be given preference.SECTION 9. Qualications of Watchers. No person shall be appointed watcherunless he:

    (A) Is a registered voter of the city or municipality; HDICSa

  • (B) Is of good reputation;(C) Has not been convicted by nal judgment of any election oense

    or of any other crime;(D) Knows how to read and write Filipino, English or the prevailing

    local dialect;(E) Is not related within the fourth civil degree of consanguinity or

    anity to the chairman or to any member of the SBEI-PWD inthe accessible polling place where he/she seeks appointment aswatcher; and

    (F) Is not a voter assigned in the accessible polling precinct.SECTION 10. Rights and Duties of Watchers. Upon entering the accessiblepolling place, the watchers shall deliver to the chairman of the SBEI-PWD theirappointment as watchers, and their names shall forthwith record in the Minutes ofVoting with a notation under their signatures that they are not disqualied to serveas such under the immediately preceding Section. The appointments of thewatchers shall bear the signature of the candidate or duly authorized representativeof the party, organization or coalition that appointed them. For this purpose, at leastfteen (15) days before election day, independent candidates, registered parties,organizations, or coalitions authorized by the Commission to appoint watchers shallprovide the Election Ocers concerned with the names and signatures of theirrepresentatives authorized to appoint watchers in the city or municipality andspecial polling places in jail in said city/municipality.The watchers shall have the right to:

    (A) Witness and inform themselves of the proceedings of the SBEI-PWD;

    (B) Take note of what they may see or hear;(C) Take photographs of the proceedings and incidents, if any,

    during the voting in the special polling places in jails;(D) File a protest against any irregularity or violation of law which

    they believe may have been committed by the SBEI-PWD or byany of its members or by any person; and

    (E) Obtain from the SBEI-PWD a certicate as to the ling of suchprotest and the resolution thereof.

    Watchers shall not speak to any member of the SBEI-PWD, or to any voter oramong themselves, in such manner as would disturb the proceedings of the SBEI-PWD. CTIDcASECTION 11. Monitoring Groups, Observers and Media Representatives.

  • Monitoring groups duly accredited by the Commission shall be allowed access to theaccessible polling places to observe the proceedings; Provided, said groups presentthe necessary identification to the SBEI-PWD.Accredited media representatives and foreign observers shall also be allowed accessto the accessible polling places upon presentation of the necessary identication tothe SBEI-PWD.SECTION 12. Documentation and Communication Devices Allowed in AccessiblePolling Places. Watchers, members of the SBEI-PWD, SBEI-PWD support staff, andCOMELEC representatives shall be allowed to bring cameras, cellular phones andlaptops in the accessible polling places. Provided: These devices are to be usedexclusively for ocial documentation and communication purposes; Providedfurther: That the secrecy of the ballots shall be respected at all times.

    RULE VElection Forms and Supplies

    SECTION 1. Election Forms, Documents and Supplies. Except when authorizedto do earlier by the Commission, the SBEI-PWD shall get the forms, documents andsupplies early in the morning of election day. The City/Municipal Treasurer shalldistribute the following forms, documents and supplies to the SBEI-PWD of theaccessible polling place of the city/municipality.

    From the City/Municipal TreasurerCEF No. Description Rate of DistributionElection FormsA12 Paper Seal (No. of Piece

    ClusteredPrecincts withPWD voters ) x(2) TCIDSa

    Expandable EnvelopesFor the ballots from the (No. of Pieces

    precincts with PWD Clusteredvoters Precincts with

    PWD Voters ) x(2)

    Other FormsA30/A31 Temporary 10 Pieces

    appointment of Chairman/PollClerk/ThirdMember/Support Staff

    A35 Certificate of Challenge 10 Piecesor Protest and Decisionof the SBEI-PWD.

    A39 Oath of Voter 10 Pieces

  • Challenge for IllegalActs

    A40 Oath of Identification of 10 Pieces challenged Voter

    SuppliesBond Paper (Long) 30 PiecesBallot Secrecy Folder 22 PiecesThumbprint Taker 1 PieceIndelible Stain Ink 2 BottlesInstruction to Voters 1 PieceMarking Pens 2 BoxesBall pen 6 Pieces

    From the Election Officera) One set of the EDCVL-PWD for each accessible polling place; HSDIaCb) Copies of Appointment and Oath of Oce of the SBEI-PWD and

    Support Staff (A5 & A5-A);c) Two sets of PCVL-PWD .

    The SBEI-PWD shall carefully check the dierent election forms, documents andsupplies and the quantity actually received. The SBEI-PWD shall sign a Certicate ofReceipt (A14) in three copies, the original of which shall be delivered to theCity/Municipal Treasurer, who shall transmit the same to the ERSD, COMELEC,Manila, immediately after election day.SECTION 2. Forms to be Reproduced When Needed. The following forms maybe reproduced when needed:

    (A) Temporary Appointment of Chairman/Poll Clerk/Member (Annex"A");

    (B) Certicate of Challenge or Protest and Decision of the BEI(Annex "B");

    (C) Oath of Voter Challenged for Illegal Acts (Annex "C"); and(D) Oath to identify a challenged Voter (Annex "D").

    RULE VIProcedures of Voting

    SECTION 1. Date and Time of PWD Voting. Voting for all qualied PWDs shalltake place on the same date as the national and local elections is conducted.SECTION 2. Preliminaries to the Voting.

  • (A) Regular Polling Places with PWD Voters: Before the voting in the regularpolling places, the Chairman of the BEI using the EDCVL-PWD as reference shallannotate the PWDs' names in the EDCVL with "PWD voter" and shall ax his initialbeside the annotation. The number of PWD voters and the fact that their nameswere annotated with "PWD" shall be entered into the Minutes of Voting. AacDHEUpon the arrival of the SBEI-PWD Support Sta, the Chairman of the BEI shallcount and segregate the ballots allocated for PWD voters in the presence of theformer and thereafter insert the same in a folder. The BEI shall place the folderinside an envelope carried by the Support Sta and close the envelope. The BEIshall then seal the envelope using the paper seal (also brought by the Support Staof the SBEI-PWD). The BEI shall ax their initials on the paper seal and turn it overto the SBEI-PWD support staff.The BEI shall then enter into the Minutes of Voting the name of the SBEI-PWDSupport Sta, the number of ballots received, the serial number of the paper seal ofthe envelope and the time the latter picked up the ballots. The BEI shall require theSBEI Support Sta to sign the entry. The chairman of the BEI shall then announceto the public that the ballots of PWD voters shall be transferred by the SBEI-PWDsupport staff to the accessible polling place.Thereafter, the support sta shall immediately deliver the ballots to the accessiblepolling place.(B) Accessible Polling Places: The SBEI-PWD and all the support sta shall meetat the accessible polling place at six o'clock in the morning of election day.The SBEI-PWD shall give to the support sta the envelopes [with one (1) paperseal] for each clustered precinct with PWD voter/s in the voting center where thelatter is assigned. Upon receipt of the envelopes, the Support Sta shall leave theaccessible polling place escorted by the watchers and monitoring groups.The SBEI-PWD shall ensure that the accessible polling place is ready for the voting.

    i) The SBEI-PWD shall ensure that a table shall be provided onwhich the envelopes (per precinct) are placed and where PWDsshall insert their accomplished ballots; and

    ii) The SBEI-PWD shall post the PCVL-PWD near or at the door of theaccessible polling place. IAETSC

    Upon the arrival of the envelopes, the chairman of the SBEI-PWD in the presence ofthe other members, shall open the same and count the number of ballots. The factand time of arrival and the number of ballots shall be entered into the Minutes ofVoting. The chairman of the SBEI-PWD shall then announce to the public that theballots of PWD voters had been received.SECTION 3. Manner of Obtaining Ballots. The voter shall:

    (A) Look for his name in the PCVL-PWD posted near the door of the

  • voting center and determine his/her precinct number andsequence number;

    (B) Approach the SBEI-PWD, give his/her name and address andsequence number, together with the other data concerninghis/her person;

    (C) The SBEI-PWD shall verify if the name of the voter is in theEDCVL-PWD. If the name of the PWD voter is in the EDCVL-PWD,his/her identity shall then be established through the following:i. His/her photograph in the EDCVL-PWD or specimen

    signatures in the Voters Registration Record (VRR) or anyauthentic document which may establish his identityexcept barangay certificate or community tax certificate; or

    ii. In the absence of any of the above-mentioned proof ofidentity, any member of the SBEI-PWD may identify underoath such voter, and such act shall be reected in theMinutes of Voting.

    iii. If the SBEI-PWD is satised with his/her identity, the nameof the voter shall be distinctly announced in a tone loudenough to be heard throughout the polling place.Otherwise, the voter shall be directed to leave theaccessible polling place after informing the PWD the reasonthereof. If the voter is not challenged, or having beenchallenged, the question has been decided in his favor, thevoter shall be allowed to vote. aCTHDA

    Such fact shall be duly recorded in the Minutes of Voting.(D) Before giving the ballot to the voter, the chairman of the SBEI-

    PWD shall:i. Check if any of the ngernails of the voter has already been

    stained with indelible ink. If stained, it shall be a conclusivepresumption that the voter has already cast his vote. Assuch, the voter shall be directed to leave the polling placeafter informing him the reason thereof. This fact, includingthe name and the precinct of the voter, shall be recorded bythe Poll Clerk in the Minutes of Voting. The chairman mustalso indicate the reason given by the voter why his/herfingernails were stained with indelible ink;

    ii. After verifying that no nger nail has been stained, axhis/her signature in the EDCVL-PWD;

    iii. Authenticate the ballot by axing his/her signature at the

  • designated space at the front thereof.The failure to authenticate the ballot shall not invalidate the

    ballot but shall constitute an election offense.iv. Instruct the voter on how to fill-up the ballot properly;v. Insert the ballot in the secrecy folder in such a manner that

    its face is covered, except for the portion where thesignature in the ballot appears, and give the ballot to thePWD voter.

    Only the chairman of the SBEI-PWD shall issue the ocial ballots, and not morethan one ballot shall be issued at one time.SECTION 4. Manner of Voting. Voting shall be conducted in the followingmanner: aHSTID

    (A) The PWD shall accomplish the ballot, using the ballot secrecyfolder in accordance with the General Instructions for Voting;

    (B) After accomplishing his ballot, the voter shall then approach thetable where the envelope for his precinct is placed and insert thesame into the said envelope;

    (C) SBEI-PWD shall apply indelible ink at the base and extending tothe cuticle of the right forenger nail of the PWD voter, or anyother nail if there be no forefinger nail;

    (D) The voter shall ax his/her thumb mark on the correspondingspace in the EDCVL-PWD; and

    (E) The voter shall then leave the accessible polling place.SECTION 5. Challenge Against Illegal Voters. Any voter or watcher maychallenge any person offering to vote for:

    (A) Not being registered;(B) Using the name of another;(C) Suffering from any existing disqualification.

    In such case, the SBEI-PWD shall satisfy itself as to whether or not the ground forthe challenge is true by requiring proof of registration, identity or qualication. TheSBEI-PWD shall identify the PWD through his photograph, ngerprint or specimensignatures in the EDCVL-PWD. In the absence of any of the above-mentioned proofof identity, any member of the SBEI-PWD may identify under oath a voter, and suchact shall be reflected in the Minutes of Voting.SECTION 6. Challenge Based on Certain Illegal Acts. Any watcher may

  • challenge any PWD offering to vote on the ground that the PWD voter: cdphil(A) Received or expects to receive, paid, oered or promised to pay,

    contributed or promised to contribute money or anything of valueas consideration for his vote or for the vote of another; or

    (B) Made or received a promise to inuence the giving orwithholding of any such vote; or

    (C) Made a bet or is interested directly or indirectly in a bet thatdepends upon the results of the election.

    In such case, the challenged PWD shall take an oath before the SBEI-PWD that hehas not committed any of the acts alleged in the challenge. Upon taking such oath,the challenge shall be dismissed and the PWD shall be allowed to vote. In case thePWD refuses to take such oath, the challenge shall be sustained and the PWD shallnot be allowed to vote.SECTION 7. Rules to be Observed during the Voting. During the voting, theSBEI-PWD shall see to it that:

    (A) The PWD shall vote in a first-come first-served basis;(B) No watcher shall enter the place reserved for the PWDs and the

    SBEI-PWD, nor mingle and talk with the voters;(C) No person carrying any rearm or any other deadly weapon,

    except those expressly authorized by the Resolution or by theCommission, shall enter the accessible polling place.

    SECTION 8. Prohibition on Voting. It shall be unlawful for a voter to:(A) Bring the ballot, ballot secrecy folder or marking pen outside the

    polling place;(B) Speak with anyone other than as herein provided while inside

    the accessible polling place;(C) Prepare his ballot without using the ballot secrecy folder or

    exhibit its contents; TEaADS(D) Erase any printing from the ballot, or put any distinguishing

    mark on the ballot;(E) Use carbon paper, paran paper or other means of making a

    copy of the contents of the ballot, or otherwise make use of anyscheme to identify his vote, including the use of digital cameras,cellular phones with camera or similar gadgets; and

    (F) Intentionally tear or deface the ballot.

  • SECTION 9. Sealing of the Envelopes Per Precinct. After all the PWD voters in aparticular precinct have already voted, the chairman in the presence of the SBEI-PWD shall:

    (A) Count the used and unused ballots, if there are any, andseparately record in the Minutes of Voting the quantity of usedand unused ballots indicating therein the Precinct Number of theballots;

    (B) Tear the unused ballots in half lengthwise and insert them inthe envelopes containing the filled-up ballots;

    (C) Close the envelope containing the accomplished ballots and sealwith paper seal bearing the initials of the SBEI-PWD;

    (D) Hand over the sealed envelope to the support sta for countingto the regular polling place; and

    (E) Record in the Minutes of Voting the time, serial number of paperseal and such other necessary information as to the receipt of thesupport sta of sealed envelope/s containing the ballots and haveit signed by the support staff concerned;

    (F) Announce to the public that the accomplished ballots with thetorn unused ballots, if there is any, shall be transferred by thesupport staff to the regular polling places. AEIHaS

    SECTION 11. Disposition of Election Documents. The SBEI-PWD shall deliver tothe Election Ocer the accomplished Certication/Attestation by Assistor withSupplementary Data, EDCVL-PWD, the PCVL-PWD and other election paraphernalia.SECTION 12. Counting of the PWD Voters' Ballots. The SBEI-PWD support stashall ensure that all ballots of PWD voters reach the regular polling places wherethe PWDs are registered not later than 30 minutes after the last voter has voted.When the SBEI-PWD support sta reaches the regular polling place, the BEI shallenter into the Minutes of Voting the receipt of the sealed envelope and announce tothe public that the accomplished ballots of PWDs and torn unused ballots, if there isany, from the accessible polling place have been received. The BEI will open theenvelope only when all the voters in the clustered precincts have nished voting,and, thereafter, the chairman of the BEI, in the presence of the other members andwatchers shall feed the PWD voters' ballots to the machine for counting. Half of thetorn unused ballots shall be inserted in the envelope (A15) that will be submitted tothe Election Ocer for safekeeping, half to the other envelope (A15) that will bedeposited inside the ballot box. Said fact shall be entered into the Minutes of Voting.

    RULE VIIMiscellaneous Provisions

  • SECTION 1. Repealing Clause. All other resolutions inconsistent with theprovisions embodied in this resolution are hereby repealed.SECTION 2. Effectivity. This resolution shall take eect on the fth (5th) dayafter its publication in two (2) daily newspapers of general circulation in thePhilippines.SECTION 3. Publication and Dissemination. Let the Education and InformationDepartment of this Commission cause the publication of this Resolution in two (2)daily newspapers of general circulation in the Philippines and furnish copies thereofto all Regional Election Directors, Provincial Election Supervisors, Election Ocers,Board of Election Inspectors and the Special Board of Election Inspectors for PWDs.SO ORDERED. aTDcAH

    (SGD.) SIXTO S. BRILLANTES, JR.Chairman

    (SGD.) RENE V. SARMIENTOCommissioner

    (SGD.) LUCENITO N. TAGLECommissioner

    (SGD.) ARMANDO C. VELASCOCommissioner

    (SGD.) ELIAS R. YUSOPHCommissioner

    (SGD.) CHRISTIAN ROBERT S. LIMCommissioner