com_res_9658

7/28/2019 com_res_9658

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Republic of th e Ph ilippinesCOMMISSION ON

Manila

GENERAL INSTRUCTIONS FOR THE BRILLANTES,SIXTO ChairmanSPECIAL BOARD OF ELECTION Commissioner

INSPECTORS AND SPECIAL BALLOT YUSOPH. R., CommissionerRECEPTIONAND CUSTODY GROUPS LIM, CHRTSTm Ro Commissio~ler

IN THE CONDUCE OF AUTOMATED PADACA,MARIA LO M. Commissioner

ELECTION UNDER REPUBLIC ACTNo' 9189, OTHERWSE

AS PROMULGATFD:"THE OVERSEAS ABSENTEE VOTING

2 , , 20,3ACT OF 2003" FOR PURPOSES OFTHE MAY 13, 2013 NATIONAL AND

LOCAL ELECTIONS.x--------------------------------------------------

I

RES OLUTI ON NO.

WHEREA$, Republic Act No. 9369 authorfzed the Commission on Election touse an Automated klection System (AES) as it may deem approp riate and practical forthe processes of voting, counting an d transm ission of results;

WHEE&AS,'~~ pursuit of this m andate, the Commission on Elections will adoptthe AES nationw ide in th e M?y 13, 2013 Nationa l an d Local Elections;

WHEREAS, in Minute Resolution No. 12-1029 dated Novem ber 20, 2012, theComm ission on E-lections authorized th e use of AES in th e con duct of ov erseas voting inseven (7) posts; nam ely: Philippine Consulate G eneral (PCG) in Hong Kong, PhilippineEmbassy (PE) in Singapore, Abu Dhabi PE, Jeddah PCG, Kuwait PE, Dubai PCG andRiyadh PE for the May 13 ,20 13 National a nd Local Elections;

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NOW, THEREFORE, the Commission on Elections, pur sua nt to th e authority

vested in it by the Constitution, Batas Pambansa Blg. 881 (Omnibus Election Code),Republic Act No. 9189 (The Overseas Absentee Voting Act of 2003), Repu blic Act No.9369 and other election laws, RESOLVED to promulgate, as it hereby promulgates, thefollowing General Instru ction s for the Special Board of Election Inspec tors an d SpecialBallot Reception an d Custody Groups in th e conduct of the overseas voting in HongltongPCG, S ing ap ore ~ g ,iyadh PE, Jed da h PE, Abu Dhabi PE, Dubai PCG and Kuwait PEusing an AES: '

IARTICLE I

DEFINITION OF TERMS

Section I. ~ i a n i n ~f words. - As used in this General Instructions, thefollowing term s sh all refer to:

a) ~pproved Overseas Voter Registration Record - documentcontaining the demographic and biometric information of an overseas voterapproved by the' Resident Election Registration Board;

~ , y "1

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b) Certi$ed List of Overseas Voters (CLOV or O W No. 2) - list of

registered overseas voters whose applications to vote in absentia have beenapproved by the Committee on Overseas Voting, through the Resident ElectionRegistration Board on a country-by-country an d post-by post basis. This list shall beprepared by th e Com mittee on Overseas Voting and approved by t he C ommission inan en banc resolution;

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This sha llb e divided equitably among t he SBEIs for posting outside th e pollingplace at the start of the voting period.

C) omm mission - he Comm ission on Elections;

d) Committee on Overseas Voting (COW - Committee created by law tooversee and sup ervise the effective imp lem entation of R.A. 9189;

Ie ) D a l ~ f Election - dat e of the elections in th e Ph ilippines which is May 13,

2013; /!f ) Department of Foreign Asairs-Overseas Voting Secretariat (DFA-

OVS) - secretariat based a t th e D epartment of Foreign Affairs (DFA) home officetasked to direct, coordinate and oversee the Department's participation in theimplementation of R.A. 9189 through its embassies, consulates, and economic andcultural offices;'

g) List of Overseas Voters with Voting Records ( OW No. 2-A) - ist ofoverseas voterslwith biometries arranged alphabetically to vote in absentia, for useby each Special Board of Election Inspecto rs during t he voting pe riod;

Ih) National Registry of Overseas Voters (2VROV) - consolidated list

prepared, approved a nd m aintained by the C ommission, of oversea s voters whoseapplications foI' registration as voters, including those registered voters who haveapplied to be kertified as voters, have been approved by the Resident ElectionRegistration Board (RA 9189). It shall indicate the Post where th e overseas voter isregistered.

i) Ove rsev Voter - a qualified citizen of th e Philippines whose applicationfor registration or for certification a s overseas voter has been approved by the RERB,and who is abroad on t he day of the election ;

ij) Overseas Voting - process by which qualified citizens of the Philippines

abroad exercisetheir right t o vote;

lz) Oversecis Voting Election Returns - an election do cum ent electronicallyprepared, showing the date of the election, the coun try/post in which it is held, thenum ber of ovei-seas voters, th e num ber of voters w ho actu ally voted, the votesobtained by each candidate in the overseas voting precinct and such other data asmay be required by law and authenticated by the Special Board of ElectionInspectors; !

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1) Oversecis Voting Precinct - a country, Post or a grouping of overseasvoters in a given country/P ost, designated by the Co mm ission for purpo ses of votingand counting taking into consideration ,the presence of co nsular offices an d thenum ber of overseas voters un de r th e jurisdiction of each consular office;

111) Personql Voting - a mode of voting where the voters personally appea r tocast' their votds at the Posts or such other voting areas designated by theCommission; 1

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n) Posts - Philippine embassies, consulates, foreign service establishm ents an d

other Philippine government agencies maintaining offices abroad, e.g., thePhilippine Overseas Labor Offices (POLO), having jurisdiction over th e places wherethe ov erseas voters temp orarily reside. For purpos es of overseas voting, Posts shallalso mean to include the th ree (3) Manila Economic & Cultural Offices (MECOs) inTaiwan;

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o) Representative of the Commission - officials 'and employees of theforeign service corps, including Filipino contractual employees that the embassies,consulates and other foreign service establishments may locally hire at the hostcountry and Filipino volunteers nominated by the Post and deputized by theCommission;

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p) Seqfarers - ship officers and ratings manning ships, including offshore

workers, senrick providers and fishermen, as defined in the Revised Rules on theIssuance of Seafarer's Identification and Record Book of the Maritime IndustryAuthority; i I

q) Special Ballot Reception and Custody Group (SBRCG) - groupdeputized by the Commission in every Post to receive and talze custody of allaccountable an d non-accountable election forms, supplies and paraphernalia sen t bythe COV for issuanc e to th e Special Boards of Election Inspectors an d Special Boardsof Canvassers; 1

r) Special.Board of Election Inspectors (SBEI)- body deputized by theCon~missiono eondu ct the voting and/o r counting of votes;

s) ~ u p e r u $ s o r ~eams - officials and employees of the Commissiondesignated by the Commission to supervise and ensure th e imp lementation of theR.A. 9189 and th ese R ules. Such supervisory teams shall be he aded by career officersor any lawyer of th e C omm ission designated by the C hairman of th e COV;1

t ) Voting Period - 3 0 days of voting of overseas voters which includes the dayof elections. '

ARTICLE I1SPECIAL BALLOT RECEPTIONAND CUSTODY GROUP

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I

Sec . 2 . Special Ballot Reception and Custody Group; constitution. -The Comm ission, thro ug h th e COV Chairman, shall, upon recom men dation of th e DFA-OVS, constitute in <v ery Post, not later th an January 31 ,20 13 , an SBRCG, which shallbe composed of thrke (3 ) members.

Additional SBRCG in Posts may be constituted where the registered voters aremore than forty thousan d (40,000 ).

Sec. 3. Qualifications of members/substitutes of the SBRCG. - Noperson shall be app ointed a s chairman o r member of the SBRCG, unless he:

a) Is of good moral character an d irreproachable reputation;!

b) Is a citizen of the Philippines;

c) Is from am ong the staff of the Posts;

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d) Has never been convicted of any election offense or of any other crimepunishable by more tha n six (6) mo nths of imprisonment, or has n o pendingcase filed against him for any election offense; and

e) Is able to'speak an d write English or Filipino.

In case ther e is not eno ugh qualified staff of the Posts, citikens of the Philippineswho are qualified to vote un der R.A. 9189, nd of lznown probity an d com petence, maybe appointed as members of the SBRCG, provided tha t the chairm an shall be a staff ofthe Posts. The Head of Post shall issue the Appointment of the Chairman/PollClerk/Members/Substitutes of the SBEIISBRCG (O W No. 5)

1n'case of temp orar y vacancy in the SBRCG, the provision of Sec. 13, Article N

hereof shall apply.)

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Set. 4. Disqualification. - The m embers of the SBRCG or their spouses shallnot be related within th e four th civil degree of consangu infty or affinity to any mem berof the same SBRCG or to any of the candidates for Senators.

For this purpose, the COV shall furnish the post, through the DFA-OVS, the listof senatorial candida tes for the M ay 13,2013 National an d Local Elections, so that themem bers of the SBRCGs will be able to know whether they ar e qualified o r not t o accepttheir appointments!

Sec. 5 . ~ o k i c e f disqual$cation. - Any member of the SBRCG who isdisqualified for an$ of the above reasons shall, within five (5 ) days from knowledge of

such disqualification, notify th e head of the P ost in writing, who shall, in tu rn sub mit areplacement to the Commission through th e COV for appointm ent.

Sec. 6. Fuhctions of the SBRCG. - The SBRCG shall perform th e followingduties and functions:

Ia) Receive fr'om th e C omm ission through the COV, th e PCOS a nd CCS machines,

all accduntable and non-accountable election forms, supplies andparaphePnalia to b e u sed in voting, counting and canvassing;

b) Verify, using the packing list, the quantity and serial numbers of all ballots,election returns and canvassing forms, an d o ther accou ntable forms, receivedin the priesence of the head of the Post or his/her authorized representative,

watch ers of political parties a nd represen tatives of th e Filipino commu nity, ifavailable.

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c) Notify the COV within twenty-four (24) hou rs after verification, of the receiptof accountable and non-accountable forms, condition thereof anddiscrepabcy, if any, the quan tity and serial numb ers of th e accou ntable forms;

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d) Store in a secured place all received forms an d supplies; an d

e) Perform; such other duties and functions as may be prescribed by theCommission.

ARTICLEI11SPECIAL BOARDS OF ELECTION INSPECTORS

Sec. 7. Special Board of Election Inspectors; constitution andappointment. :,

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- The Commission, through the COV Chairman, shall, upon recommendation of theDFA-OVS, constitute in every Post, n ot la ter tha n January 31, 2013, t least one (1)

SBEI, which shal l be com posed of three (3) mem bers in every country/Post for purposesof voting an d/o r cou nting

For purposes of AES, each SBEI shall handle not more than ten thousand(lo ,oo o) voters' equivalent to ten (10) precincts. Each precinct shall consist of no morethan 1,000 voters. The SBEI may be assisted by a su pport staff as Provided und er Sec. 15hereof.

The SBEI shall be composed of a Chairman and two (2) Mem bers who shall bepublic officers posted abroad and deputized by the Commission, one of whom shall bedesignated as Poll Clerk and the other a s Third Mem ber.

.

In all cases, at least one (I) member of the SBEI shall be an information

technolog~r-capable erson as certified by the D epartm ent of Science an d Technology(DOST).

I

The Head of Post shall issue the Appointment of the Chairman/PollClerlz/Members/Substitutesof the SBEIJSBRCG (O W No. 5).

Sec. 8. Quali$cations of members of the SBEI. - No person shall beappointed as chairman or m ember of the SBEI, whether regular or sub stitute, unless he:

a) Is of good moral charac ter an d irreproacha ble reputation ;

b) Has never been convicted of any election offense or of any other crime

punishable by mo re than six (6) mo nths of imprisonment, or has no pendingcase filed again st him for any election offense; and

c) Is able to spea k an d write English or Pilipino.L

. The chairma n shall be a public officer posted ab road. In th e absenc e of ally othergovernment officers, th et w o (2) other m embers shall be citizens of th e Philippines whoare qualified to vo te und er R.A. 9189, and of known probity and com petence.

Sec. 9 . Disqualification. - No person shall serve as chairman or m ember ofthe SBEI if he or his sp ouse is related within th e fourth civil degre e of consanguinity oraffinity to any meniber of the same SBEI or to any of the candidates for Senators.

For this pu rpose, t he COV shall furnish the Post, through th e DFA-OVS, th e listof senatorial candidates for the May 13, 2013 National and Local Elections so that thememb ers of the SBEIs will be ab le to lznow whether they a re qualified or not t o accepttheir appointments:

Sec. lo. Powers and functions of the SBEI. - The SBEI shall have thefollowing powers a dd fu nctions:

a) Condact the voting in the polling place and adm inister the electroniccoun ting of votes, including the testing a nd sealing of the PCOS machine;

b) Print th e election returns and tran smit th e election results;I

c) Act as deputies of th e Commission in the supervision an d control of th eelection in the po lling place where they are assigned;

d) Maintain order within the polling place and its premises, to keep access

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thereto open and unobstructed, and to enforce obedience to its lawfulorders. If any person refuses to obey its lawful ord er, or co nduc ts himself

in a disorderly manner in its presence or within its hearing and therebyinter rupts or disturbs its proceeding, the SBEI may call upon th e securityforce of the Post, if any, or its deputized peace officer to take such personinto custody until the adjournment of the meeting, but such order shallnot bk executed as to prevent th e person from voting; an d

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e) Perform such other functions as may hereinafter be prescribed by th eCommission.

Sec. 11. Proceedings of the SBEI. - The meeting of th e SBEI shall be publicand held in the polling place designated by the Com mission. Th e SBEI shall act throughits Chairman and shall decide, without delay, by a majority vote, questions which mayarise in the p erformance of its duties.

Sec. 12.Notice of disqualification. - Any member of the SBEI who isdisqualified for any of the above reasons shall-as oon as p o ~ ib le , otify the head of thePost in writing, wllo shall, in turn appoint a replacement from the pool of substitutesand im mediately notify the COV of such appoin tmen t.

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ARTICLE IV

COMMON PROVISIONSi

Sec. 13.Tem porary vacancies in the SBEI/SBRCG. - f at the time of themeeting of the SBEIISBRCG, any member is absent or the office is still vacant, themembers present shall call upon any s ubstitute taken from the pool of sub stitutes, to

perform the d uties bf the ab sent mem ber. If the sub stitute cannot be found, th e Head ofthe Post shall appoint any available official or em ployee of th e Foreign Service corps o rnon-partisan regist'ered voter no t otherwise disqualified to tempo rarily fill said vacancyuntil the absent mem ber a ppears or the vacancy is filled.

The fact of sub stitutio n shall be entered in P art V of OVF No. 11.

For this pyrpose, the Posts shall constitute a pool of substitutes for theSBEIISBRCG which w ill likewise be deputized by the Comm ission.

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Sec. 14. 0bth of members of the SBEI/SBRCG. - The members of theSBEIISBRCG shall; before assuming their office, take an oath by accomplishing theOath of SBEIISBRCG (OVF No.5-A) before an officer authorized t o a dm iniste r oaths o r,

in the absence thereof, before any other m ember of the SBEIISBRCG pres ent or, in caseno other member 'is present, before any overseas voter. The accomplished Oaths ofSBEIISBRCG shall be sub mitte d to the SBRCG.

Sec. 15. Shpport St as . - During rest days and declared holidays in the h ostcountries where the tu rn-o ut of voters at the po lling places is expected to be heavy, eachSBEI shall be assisted b y th ree (3 ) supp ort staff who shall be designated no t later thanApril 3, 2013 by tlhe Head of the Post from among the personnel of the Post orgovernment agencies maintaining offices abroad or in their absence or non-availabilityfrom among the mem bers of the F ilipino Community.

The supp ort' staff shall assist the SBEI in planning, organizing an d s up en isin gthe setting-up of a voters' assistance center at the voting center to assist voters in

locating their polling places/precinct assignments an d assist in th e crowd m anagementat the entrance areas of polling places and perform such other functions as may bedirected by the SBEI.

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Support staff must not be related wi tl~i nhe fou rth civil degree of consanguinityor affinity to any niember of th e same SBEI where he will be assigned t o assist or to any

of the candidates for Sena tors.

Sec. 16. PCOS Technieal Support personnel.- There shall be a t least two(2) technical suppo rt personnel to b e designated no t later tha n April 3,2013 by th e Postwho shall be responsible to address an d monitor the activities of th e PCOS machines. Heshall be responsible to report to the National Support C enter on possible contingenciesthat may arise before, during an d after the election period.

Sec. 17. Minutes of Testing and Sealing; Voting and Counting(Minutes). - The.SBEI shall accomplish in two (2) copies of the M inutes ( O W No. 11)and record the act or data required therein as they occur or become available during thevoting. Copies of the OVF No. 11 shall be sealed in se parate envelopes to be distributedas follows: )

a) First co pi o the Commission; andI

I I

b) Second copy to be depo sited inside the ballot box.i

Sec. 18. Prohibition against political activity. - No member of theSBEIISBRCG and t hei r su pport staff, including the PCOS technical s upp ort personnel,shall engage in any partisan political activity or take pa rt in t he elections except to voteand discharge his duties such as rendering assistance in accordance with usual protocolcourtesies normally extended t o visiting officials on official busine ss.

1Sec. 19. supervision by heads of Posts.- All foreign service personnel and

representatives of attached agencies duly deputized by th e C omm ission sha ll be u nder

the direct supervision of the Heads of Posts insofar as the One Country Team Approachis concerned.II

IARTICLEV

! WATCHERS

Sec. 20. *atchers. - Every registered political party or coalition of politicalparties fielding caedidates, accredited political parties, sectoral party/organization orcoalition thereof participating in tlle party-list system of representation, everycandidate, accredited citizens' arms and accredited O W rganizations shall be entitledto one (1) watcher at an y given time d uring the voting and co unting of votes.

For this purpose, registered political parties, coalition of political parties andevely candidate, associations or organizations participating in the party-list systemrepresentation, accredited citizens' arms and accredited O W organizations shallsubmit to the Posts, copy furnished th e COV, its list of watchers per SBEI no t later thanfive (5) days before'the s tar t of voting period.

However, iflth ere is no sufficient space for all watchers to b e accomm odated,preference shall b& given to the watchers of the d ominant majority an d d om inantminority parties as d etermined by th e Com mission, one (1) watcher for th e accreditedcitizens' arm, one (1) common watcher for accredited OFW organizations, and one (1)common watcher fdr the indepen dent candidates.

Sec. 21. Qualifications of watchers. -No person shall be appoin ted watcher

unless he:

a') Is an overseas voter in th e Post where he is assigned;

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b) Is of good reputatio n;

C) Has not be en convicted of any election offense or any crim e;

d) Knows how to write and read English or Filipino; and

e) Is not related within th e fourth civil degree of consanguinity or affinity to th echairman or to any member of the SBEI in the Post where he seeksappointment as watcher.

Sec. 22 . Rights and duties of watchers. - Upon entering th e polling place,the w atchers shall present a nd deliver to th e chairman of the SBEI their a ppoin tme ntsand forthwith, their names shall be recorded in Part VI of O W No. 11 with a notationunder their signatu res that the y are not disqualified to serve as such. The appo intm entsof the watchers shall bear the personal or facsimile signature of the candidate or the

duly authorized representative of the political party, organization or coalition of partieswho appointed them or of organizations authorized by the Commission. For thispurpose, registered po litical parties, organizations o r coalitions1 autho rized by t heCom mission, accrddited citizens' arm s and OFW organizations, shall p rovide th e COVwith the names aria signatu res of their representatives authorized to appoin t watchersin each Post not later tha n March 13, 2013. The COV will furnish the DFA-OVS withthe said names and sig natures, which shall be forwarded to th e Post concerned.

The watchers shall have th e right to:

a) Witness an d inform themselves of the proceedings of the SBEI;

b) Talze note of wha t they see or hear;I

c) Take photograph of the proceedings and incidents, if any, during t he countingof votes, hs well as of the election returns an d ballot boxes/receptacles, exceptthe ballot being accomplished by the voter;

Id) File a protest against any irregularity or violation of law which they believe

may have been. comm itted by the SBEI or by any of its m embers or by anyperson; '

e) Obtain fiom t he SBEI a certificate as to th e filing of,such protest and/orresolution thereon ;

fl Read the election returns after it has been read by the Chairman withouttouchingisuch docum ents; and

g) Be furnidhed, upo n requ est, with a Certificate of Votes (O W No.13) cast forthe candidates, duly signed and thumb marlzed by the chairman and allmem bers of the SBEI.

Watchers shall not speak to any mem ber of the SBEI, or to any voter, or amongthemselves, in such a m ann er as would disturb the proceedings of the SBEI.

rARTICLEVI

ELECTION FORMS AND SUPPLIES

Sec. 23.Election forms, documents and supplies. -The SBRCG shall receivefrom the Comm ission thro ugh t he COV, PCOS machines, election forms, docum ents an dsupplie s for its use a nd for distribution to th e SBEIs. Except when authorized to do soearlier by the Head of Post, the SBEIs shall get the forms, documents an d supplies early,

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in the morning of each voting day. The allocation of th e forms, doc um ents an d suppliesshall be according to the following:

I. FORVOTING.

A. PCOS box from t he Com mission containing th e following:

B. Election Materials box from th e Com mission containing:

C. Election Forms/Supplies from the Commission:

I O W I I TITLE/DESCRIPTION RATE OF 1NO.

2-AI

List of Voters wit11 Vo ting R eco rds

DISTRIBUTION

1 1 Set

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D. Election ~ o i m so be printed/reproduced/purchased y the P ost:

PiecesPieces

Piece per VoterPiecesPieces

Set of 2 pieces

PiecesPieces/precinct. Piecelprecinct

11. FOR THE FINAL TESTING AND SEALING - In the morning of the dayscheduled for th e testing an d sealing of the PCOS, the SBEI shall get from theSBRCG the following forms, documents and supplies to be used for suchtesting ahd sealing:

9

9

15

3

1

12

5

1

5

5-A6

12

16

18

SUPPLIES

App ointm ent of SBEIISBRCGOath of Office of SBEIISBRCG

Official BallotsPaper sealsEnv elope for Torn H alf of Unused Official Ballots, Oth erHalf of To rn U nused Official Ballots an d Official BallotsEnvelope for M inutes of Testing and Sealing; Voting and ,Counting

Ballot Secrecy FolderSerially num bere d Plastic Security Seal for th e B allot Box

, Serially num bere d Plastic Security Seals for th e PCOS,

OVFNO.

22-B

5

5-A

11

14

30

33

35

33-A

39

40

40-A40-B

41

II TITLE/DESCRIPTION

ICertified List of Ove rseas Vote rsCertified List of Seafarer VotersApp ointme nt of SBEI/SBRCGOath of Office of SB EI/SBRCGMin utes of Testing a nd Sealing: Voting andCountingCertificate of Receipt of Forms an d Supplies forVoting by th e SBEITem porary App ointme nt of Chairman/Poll Clerk/Third M ember of SBEIISBRCGCertificate of Challenge or P rotest an d Decision ofthe BoardCertificate of Challenge/Protest of the Decision ofthe BoardRecord of ,Challenge/ProtestO ath of ~ Q t e rhallenged for Illegal ActsOath of Identification of Witness of ChallengedVoterOath of Ide ntification of Challenged WatcherOath of an SBEI Memb er Identifying aVoterSu mm on s Re: Identity of Challenged VoterSUPPLIES

Bond PaperBallot ReceptaclePaclzaging Tape

RATE OF, DISTRIBUTION

SUPPLIES AND W E R T A L S FOR TESTING AND SEALINGA. ELECTION FORMS

1

19

9

1

2

3

3

3

lol olo

12

l o

3

3 01

20

OVF No.

g11 '

SetSetPiecesPiecesSet of 2 pieces

Pieces

Pieces

Pieces

Pieces

PiecesPiecesPieces

PiecesPiecesPieces

PiecesFor each SBEIRolls/SBEI

d'

DescriptidnManual Election Retu rnsMinutes of Testing and Sealing; Voting

Rate of Distribution1 I Set1 1 Set

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1ARTICLEVII

' FINAL TESTINGAND SEALING

Sec. 24. Period for testing and sealing of PCOS machines. Not later thanApril 12,2013, h& SBEIs shall convene in their assigned polling $laces t o tes t an d sealthe PCOS mach ines.

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l7

B.

Sec. 25 . Notice of convening of the SBEI for the testing and sealing ofthe PCOS machines.At least five (5) days before the testing an d sealing of the PCOSmachines, the H ead of Post shall notify in writing, the SBEI concerned of th e date, timeand place of th e testing a nd sealing.

2

1

2

2.2

and CountingPap er Sea l for PCOS Box

For Counted T est Ballots,ERs and otherreportsEnvelope fo r Minutes of Testing andSealing; Voting an d Counting

SUPPLIESBallot S e~ re cy olderPlastic Security Seal for printer &b ack -upmem ory card of PCOS

In case of c'andidates, registered political parties, coalition of political parties,associations or org6nizations participating in the party-list system of represen tation, th eCOV shall notify them by posting a notice of the date, time and place of testing and

sealing for each precinct, not later than April 5, 2013, in the official website of theComm ission an d tGe DFA-OVS.

Piece

Piece

Pieces

Pieces

Pieces

Sec. 26. Procedures for the testing and sealing of the PCOS machines.During the testing an d sealing, the SBEI shall observe th e following procedures:

Ia) Explain to those present, th e purpose of, and the p rocedures for, the testing

and sealing;

b) Randomly choose from among those present, ten (10) voters who willaccompli'bh th e test ballots. If there are less than te n (l o) voters, a ny of the ten(lo ) voteks may accomplish m ore than one (1) test ballot t o com plete the ten(10) test ballots neede d;

C) Seal the ,ballot box with th e packing tape, an d sh ow to the public tha t th ePCOS box is sealed;

d) Remov e the sticlter seal of th e PCOS box;

e) Open ~ I I ~ ~ P C O Sox;

f) Check whe ther the following are inside the PCOS box:

1. Checldist of contents of th e box;

2. PCOS machin e;

3. ~ o w e iord of the PCOS machine;I

4. Ten ( lo ) test ballots;

5. ~ w e l v e12) rolls of pap er;

6. One envelope containing the back-up memory;

7. Th ree(3 ) labeled PINS of the BEI;

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8. One (I) labeled PIN for re-zeroing;

g. Twenty-two (22) Marlung Pens

The twelve (12) rolls of paper shall not be used d uring t he testing a nd sealing,and sha l\ remain in side the PCOS box.

g) Retrieve the PIN of each member of the BE1 an d distribu te the sa m e amongthemselves. The PIN for re-zeroing shall likewise be redieved , an d shall be inth e custody of the Chairm an;

h) Retrieve th e test ballots from th e PCOS box.

i) Retrieve th e PCOS from its box;

j) Show to th e public that th e PCOS slot labeled "POLL WORKER" where the lsP

main memory card is stored is sealed. It shall remain sealed throughout the

testing a hd sealing procedure;

I ) Place the. PCOS properly on to p of the ballot box; 4 I

1) Break th e plastic fixed length seal of th e prin ter cover of th e PCOS;

m) Open the printer cover, after which th e Chairman sh all take ou t the iButtonsecurity key;

n) Ensu re tha t the roll of official therm al paper is already properly installe d;

o) Close thq printer cover;

p) Connect the pow er adaptor to the PCOS AC power por t (20 VAC) and plug th e

other e nd to th e electrical outlet;

q) Connect the battery to the PCOS DC power port (12 VDC). If there is nopower, press with a ballpoint pen th e RESET but ton located at t he back of thePCOS above the AC pow er por t;

r) Wait until th e PCOS displays th e message "BE1 AUTHENTICATION PLEASEINSERT SECURITY KEYFOR AUTHENTICATION";

S) The chairm an shall:i

i . ~ l a c eh e iButton security key on top of th e iButton security key receptacleadd apply slight pressure thereon. A message "PLEASE ENTERSECURITY PIN" will be displayed in th e screen.

2. Enter the security "P IN . A message. "PIN ACCEPTED" appears o n thescreen.

3. w ai t un til th e m essage "BE1 SECURITY KEY VERIFIED" appears onthe PCOS screen. A message "IS THIS THE CORRECT TIME?", with"F S/ N O " options appearing on the screen.

4. Select "YES" if the d ate an d tim e is correct, and ent er such fact in O WN0.11.

5. Select "NO" if the date an d tim e is incorrect. The screen will ask th e

: SBEI to set the correct date and time, and ask for the correct:

1a. i YEAR. If year is correct, press "DONE". 1f no t,

i. If YEAR is befo re 2013, press +++ button , un til the year displayed! is 2013.

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ii. If YEAR is after 2013, press --- button, un til the year displayed is2013.

b. MONTH. If mon th is correct, press DONE. If no t,

i. If MONTH is before the current month, press +++ button, untilthe m onth displayed is the current month.

ii. If MONTH is after the cu rrent mo nth , pre:s --- button, until themo nth displayed is the current mo nth.

I

c. If DAY is co rrect, press DONE. If no t,

i. If DAY is before the current day, press +++ button, until the daydisplayed is the current day.

ii. If DAY is after before the c urrent day, press---

button, until th eday displayed is the current day.1

I ,

d ., If HOUR is correct, press DONE. If not -

i. If HOUR is before the current hour, press +++ button, until thehour displayed is the current hour.

ii. If HOUR is after th e current ho ur, press --- button, until the untilthe hou r displayed is the current hour.

I

e. If MINUTE is correct, press DONE. If no t -

, If MINUTE is before the cu rrent m inute, press +++ button, until

the minu te displayed is the cu rrent hour.ii. If MINUTE is after the curre nt minute, press --- button, until the. minute displayed is the cu rrent m inute.

f. ; After correction of the date and time has been effected, PressI "DONE", and en ter such fact in O W No. 11.

6. Wait until the MAIN MENU is displayed;

Th e iButton shall be in custody of the Chairman until the closing oftesting and sealing pl-ocedure. '

t ) In the " h ~ENU", the certified IT-capable member of the SBEI shallperform th e following PCOS diagnostics procedure:

1) Select "UTILITIES" option .

2) Select "RUN DIAGNOSTICS" option. The PCOS will run th e diagno stics o nthe main mem ory the n displays the message "COMPLETE DIAGNOSTICS.MEMORY PASSED" if the memory is working; otherwise, it will displayth e e rro r m essage "COMPLETE DIAGNOSTICS. MEMORY FAILED".

t

I

3) The PCOS will run th e diagnostics on th e backup mem ory. Wait until t he

screed displays "BACKUP MEMORY CARD NOT DETECTED". Select"YES" option. Then the PCOS will display the message "COMPLETEDIAGNOSTICS. COMPACT FLASH PASSED".

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4) The PCOS shall then test the "EEPROM", and thereafter displays themessage "COMPLETE DIAGNOSTICS. EEPROM PASSED" if the

"EEPROM" is operational; otherwise, it shall display the error message"COMPLETE DIAGNOSTICS. EEPROM FAILED".

5) The PCOS then runs diagnostics on the thermal printer by automaticallyprinting a sample output on the thermal paper. The sample printout willbe "*** DIAGNOSTICS PRINTER TEST. ***".

*

6) Th e PCOS sha ll display "CAN YOU READ THE TEXT PRINTED ON THEPAPER?" with "YES and NOJ'options.

7) Select the appropriate option. If "YES" is selected, the PCOS will display"COMPLETE DIAGNOSTICS. THERMAL PRINTER PASSED". If "NO",th e PCOS will display "COMPLETE DIAGNOSTICS. THERMAL PRIN TERFAILED".

I8) The 7COS shall then display a set of numb ered bu ttons to te st th e LCD

screen. Test all butto ns by pressing them o ne at a time. If a butto n worlzsprope'rly, the following message will appear "BUTI'ON 1 PRESSED,BUTTON 2 PRESSED...." depending on th'e number of the buttonspressed. If the button pressed is not working, the PCOS will not displayany message. Continue pressing the other buttons. When finished, select"DONE". The PCOS shall then display the message "DOES THE LCDWORK PROPERLY?" with "YES and NO" options. Select the appropriate

OPtiOF;

If NO is selected, the PCOS will display "COMPLETEDIAG OSTICS. LCD FAILED". Then the PCOS will automa tically performNo. 12 hereof.

g) If "Y$s" is selected, the PCOS shall display the m essage "PLEASE PRESSTHE lGREEN CAST BU'ITON TO CONFIRM THAT IT IS WORKING

PROgERLY". The SBEI mem ber shall then p ress the green "CAST"button.

1o)T he P,COS shall display the message "PLEASE PRESS TH E RED RETURNB W O N TO CONFIRM THAT IT IS WORKING PROPERLY". Press thered "PETURN" button.

11) Th e PCOS will disp lay "COMPLETE DIAGNOSTICS. LCD PASSED".

12)The PCOS shall automatically test the clock comp onent and display themessage "COMPLETE DIAGNOSTICS. CLOCK PASSED" if the clock isoperational; otherwise, it will display the error message "COMPLETEDIAGNOSTICS. CLOCK FAILED J'.

1g)The YCOS shall automatically test the power component and display themessage "COMPLETE DIAGNOSTICS. POWER PASSED" if the power

compbnent is operational; otherwise, it will display the error message"COMPLETE DIAGNOSTICS. POWER FAILED".

14)The PCOS shall automatically test the modem device and display themessage "TESTING MODEM DEVICE. DETECTING MODEM" followedby "COMPLETE DIAGNOSTIC. MODEM FAILED". Ignore this messageduring the FTS since the modem is no t connected to th e PCOS.

15) Th e PCOS sh all display th e message "PLEASE INSE RT ONE BALLOT TORUN SCANNER DIAGNOSTICS". The o perator s hall get o ne (I) blank te stballot from am ong the ten (lo) test ballots, and feed i t in th e PCOS ballotentry slot;

16)The PCOS shall validate the ballot and display the message "SCANCOMPLETE". Press "NEXT" button. The PCOS shall display th e contentsof th'e ballot with a message "VALID BALLOT SENATOR: BLANKCONTEST. ." Select "NEXT" to co ntinue th e display of the conten ts. Thenselectl"NE XT" o comp lete the display. Press th e "RETURN" but ton. PCOSshall display the message "RETURNING BALLOT" and the test ballot is ,.

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returned through the bal lot e n t ~ ylot. The certified IT-capable mem ber ofth e SBEI shall include the test ballot used with th e rest of the test ballots;

17)After this, the PCOS shall display the message "IS THE SCANNERWORKING PROPERLY AND ARE THE SCANNED BALLOT RESULTSCORRECT?", with "YESJ' an d "NO" options. Select the app rop riate op tion.If the-ballot scanner is functional, select "YES"; otherwise, select "NO". If"YES'! is selected , th e PCOS will display "COMPI,ETE DIAGNOSTICS.SCANNER PASSED". If "NO" is selected, the PCOS will display"COMPLETE DIAGNOSTICS. SCANNER FAILED";

i8)The PCOS shall display the "PRINT, DISPLAY, and PREVIOUS SCREEN"options;

ig ) Select "DISPLAY" option. The PCOS shall display the Diagnostics Report,with "DONE" an d "NEXT" options;

20) Select "NEXT" option to display th e second screen of th eDiagnostics Repo rt;

21) The PCOS shall display the "PREV, DONE, an 4 PRINT" options;

22)~elec t 'PRINT" to print the Diagnostic Report.

The re po h sh ould contain the message "MACHINE IS READY FOR USE" thatis printed! at th e bottom of the Diagnostic Report. If it does no t con tain suchmessage; identify from the report which component failed, and call thetechnical! u pp ort for assistance.

In the PCOS where modem failed du e to the absence of modem , th e reportwill contain message "MODEM FAILED" and "MACHINE IS NOT READYFOR USE". Ignore this message during the FTS since the modem is notconnected to the PCOS.

n3)After printing the Diagnostic Report, the PCOS will display a message"WOULD YOU LIKE TO PRINT MORE COPIES OF THIS REPORT?" with"YES an d NO" op tions. Press NO option ;

n4)The utilities Meno will be displayed with the following options:"TABULATOR. INFO, RUN DIAGNOSTICS, RE-ZERO and PREVIOUSSCREEN". Select "PREVIOUS SCREEN" to re turn to th e M ain Men u;

25)Detach the printed Diagnostic Report, and place it inside the envelope (A17-TS) provided for th e purpose;

a6)Select "OPEN VOTIN G from the Main Menu.I

The PC0 8 shall then:

i. Reqhest for the PIN of the poll clerk who will th en e nter his PIN, an dpress ENTER;

ii. Request for the second PIN from the third mem ber who will then enterhis PIN, an d press ENTER;

iii. Validate th e PIN, an d display a message "PIN ACCEPTED";

iv. Display two (2) options: "INITIALIZE VOTE COUNTERS andPREVIOUS SCREEN".

e7)Press the "INITIALIZE VOTE COUNTERS" option of the PCOS. The PCOSshall then:

i . Display the message "INITIALIZING VOTE COUNTERS (ENSURINGTHA T VOTE COUNTERS ARE ZERO) PLEASE WAIT ...";

>$-

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ii. D isplay "RESULTS HAVE BEEN ZEROED";

iii. Autom atically prin t the Initialization R eport showing Zero (0) ote foreach candidate including the geographic information (province,

P

city;/municipality, barangay, voting ce nter a nd individual precin ct in th ecluster);

iv. Aft$r printing the Initialization Report, the PCOS will display themessage, "WOULD YOU LIKE TO PRINT MORE COPIES OF THEZERO TAPE?" with "YES and NO" options. Press "NO". The PCOS willdisplay the message "PLEASE INSERT BALLOT". Now, the PCOS isready to a ccept ballots.

28) Detach; th e Initialization Report, affix their sign atur es thereon includingthose of ;he represen tatives of the political parties, candid ates o r citizens arm spresent; :

29) Place the Initialization Report inside the envelope (A17-TS) containin g theDiagnostic Report for submission to th e EO; I

30) The Chbirman of the SBEI shall issue the ten (lo ) test ballots.

Only twc( (2 ) voters can accomplish the test ballot a t the sam e time. For thispurpose, ,the Chairm an shall give each of the te st voters a ballot inside a ballotsecrecy folder and a marking pen;

The te st .voter shall, using th e ma rking pen, accomplish his b allot by fullyshading the ovals opposite the names of the candidates of his choice,including th at of the party, organization or coalition participating i n the party-list system of representation. Thereafter, he shall return his accomplishedballot inside the ballot secrecy folder, and proceed to t he SBEI;

3i) Th e chairm an of the SBEI shall:

1. ~x arn 'ine he accomplished ballots and determine whether the ovalsopposite the names of the candidates/political parties participating in theparty:list system cho sen have been fully shade d, an d the secu rity features(timing marks and ba r codes) have not been damag ed;

2. Return t he accomplished ballot inside the ballot secrecy folder and giveth e sam e to th e voter who shall personally feed th e accomplished ballotinto the PCOS ballot e n t ~ ylot.

u) Close the voting after the ten (lo) voters have voted by performing thefollowing:

!

1. The Chairman shall place the iButton security l e y on to p of th e iButtonsecuri,ty key receptacle, apply slight pressure there to, a nd remove t heiButtdn se curity key from its receptacle, after which th e PCOS will displaythe M ain Menu;

2. Press the "CLOSE VOTING" option in the Main M enu;

3. The screen will display a message "ARE YOU SURE YOU WANT TOCLOSE VOTING? NO MORE BALLOTS WILL BE ACCEPTED AFTERTHIS! Select "YESnoption;

4. The PCOS will request for th e "PIN" of th e poll clerk who will then ente rhis "PIN", and press "ENTER". The PCOS will validate the "PIN". ThePCOS will request for the second "PIN" from th e third mem ber w ho will

then enter his "PIN", and press "ENTER". The PCOS will validate the"PIN" an d display a message "PIN ACCEPTED";

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5. The screen will display a message "POLL IS BEING CLOSED PLEASEWAIT", followed by another message "VOTING HAS BEEN CLOSED NO

MORE BALLOTS WILL BE ACCEPTED BY THIS PCOS";v) Thereafter, the PCOS shall automatically count the votes and immediately

display a message "WOULD YOU LIKE TO DIGITALLY SIGN THETRANSMISSION FILES WITH A BE1 SIGNATURE KEY?", with a "YES orNO" option; e

w) Press th e "NO" option. T he PCOS will display "ARE YOU SURE YOU DO NOTWANT TO APPLY ANY DIGITAL SIGNATURE?", with a "YES or NO" option;

x) Press th e YES option. A message shall be displayed "PREPAR ING ELECTIONREPORTS. PLEASE WAIT ..." followed by a message "PRINTING 8 COPIESOF NATIONAL RETURNS PLEASE WAIT1';

y) A message shall be displayed "WOULD YOU LIKE TO PRIN T MOR E COPIESOF THE'NATIONAL RETURNS", with "YES and NO" options. Press "NO"

option;

z) ~ h e re a ft 'r , the PCOS will display "PRINTINF 8 COPIES OF LOCALRigETU S. PLEASE WAIT", and th e PCOS autom atically prin ts t h e 8 copies;

aa ) A mesiage shall be displayed "WOULD YOU LIKE TO PRINT MORECOPIES (3FTHE LOCAL RETURNSJ', with "YES an d NO" o pt ion s, Pres s "NO"option;

bb) Detach'the Election Returns an d place it inside the envelope provided forthe purpose;

cc) A mess!aage shall be displayed " R W Y TO TRANSMIT. PLEASE PLUG INTRANSMISSION CABLE TO ELECTRONICALLY TRANSMIT ELECTION

RESULTS AND PRESS OK TO CONTINUE", with "OK and SKIP" optio ns;Do not p \ ~ ~ gransm ission cable. Press "SKIP" optio n;

dd ) A message "ARE YOU SURE YOU WISH TO SKIP CONNECTING TO THEMODEM?", with "YES an d NO" options . P ress '"YES" opt ion ;

ee) The PCOS will display a message "FAILED TO TRANSMIT RESULTS.TRANSMISSION PROCESS FAILED. PLEASE DISCONNECTTRANSM ISSION CABLE";

f f) This sh all be followed by "PRINTING TR ANSMISSION REPORT. PLEASEWAIT". :

' .:

gg) The PCQS will automatically print the Transmission Report a nd thereafterdisplay qm ess ag e "WOULD YOU LIKE TO PRIN T MORE CO PIES OF TH IS

REPORT", with "YES and NO" options. Press "NO" optio n;hh) ~ e t a c h t h e ransmission Report and place it inside the envelope (A17-TS);

ii) The P C ~ Sill display the M ain Menu;

jj) 'RE-ZERQ the machine counters by pressing the "UTILITIES" in the MainMenu, and select the "RE-ZERO" option in th e next m enu.

IThe PCOS wil1:Request for the "PIN" of the Poll Clerk who will then enter

his "PIN", and press "EN TE R;

I. - Request for the second "PIN" from th e Third Mem ber ~7 h owill then ent er his "PIN", an d press "ENTER";

2. : Validate the "PIN': and display a m essage "PIN ACCEPTED".

ltl) The chairm an shall enter the "RE-ZERO PIN", then press "EN TE R;The PCQS will:

' I. Display "RESULTS HAVE BEEN ZEROED"; an d

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2. ~ u t o m a t i c a l l ~eturn to the Main M enu.

Sec. 27. Manual verification of results. - The SBEI shall retrieve theaccomplished valid test ballots from the ballot box, manually coun t th e votes therein,and accomplish the Election Returns (ER) provided for the purpose. The following rulesshall be observed in th e manual co unting of votes:

*a) The Chairman shall verify the ballots to determine whether there is over-

voting. If the re is an over-vote in a position, no vote shall be cou nted in favorof any cand idate for the said position;

b) The Chairman shall talze the ballot one by one, and read the names ofcandidates voted for and the offices for which they were voted in the order inwhich t h ~ yppear thereon;

c) The Poll T~ ler k hall record on th e ER the vote a s th e nam es voted for eachoffice are re ad. Each vote shall be recorded by a vertical line, ex cept every fifthv ote w h i ~ h hall be recorded by a diagonal line crossing the previous fourvertical lines;

I

d) After finishing the ten (lo) test ballots, the Poll Clerk shall determine thetotal nu mb er of votes obtained by each candid ate;

e) The SBEI shall compare the results of the manually-prepared ER wit11 that

of th e machine-generated ER.1) If th e results of both ERs are the sam e, th e certification pol-tion of both

ERs shall be signed by the SBEI and the representatives of th e politicalparties, candidates or citizens arm s present;

2) If the results of both ERs are not the same, the SBEI shall reviewlre-appreciate the ballots to determine the cause of the discrepancy. Ifafter re-appreciation, there is still discrepancy, the SBEI shall call onthk assigned technical sup po rt personnel.

f) The SBEr shall imm ediately subm it a report of the testing t o th e SBRCG; and

Sec. 28. Post testing procedure; Shutting down the PCOS machines. a)The certified IT-capable SBEI member shall turn off the PCOS by performing thefollowing:

!

1) Press the SHUT DOWN option in the Main Menu. The PCOS willdisplay the message ARE YOU CERTAIN YOU WANT TO SHUTDOWN THIS PCOS? Select YES option. Wait until the light of thescfeen turn s off;

2) Disconnect th e battery from t he PCOS machine;3) Disconnect the b attery cable from th e battery;4) Disconnect the power cable of the PCOS machine from t h e electrical

outlet;5) Disconnect the pow er cable from the PCOS m achine;6) Place the counted ballots, machine-generated ER together with the

manually-accom plished ER an d all reports in a n envelope (A17-TS) forsubmission t o the EO for safekeeping, after th e testing a nd sealing;

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b) The SBEI shall:

1. Retrieve the envelope containing the back-up memory card from thePCOS box;

2. Open the ADMINISTRATOR slot, insert the back-up memory card in

the memory card slot of the PCOS, and seal the slot with serially-num bered plastic security seal; @

3. Place the PCOS iButton inside the printer compartment of the PCOS,cover the prin ter a nd seal with serially-numbered plastic security seal;

4. Record in the OVF No. 11 the serial numbers of the plastic securityseals used;

1

5. Place the battery and its peripherals inside the battery box;

6. Place inside th e PCOS box the following:

i. The PCOS and its power cord;

ij. PINS for th e SBEI; I I

iii. PIN for re-zeroing ; andi

iv. Two (2) copies of OVF No. 11 placed in their corresponding, envelopes

Ensure that the rolls of thermal papers are still inside the PCOS

i box.

7. Sia l the PCOS box with the pap er seal provided for the purpose; and

8.~ l l o w atchers to place their own se al if they desire.

Interested parties may, with prior authority from the Head of Post, watch overthe polling center where th e PCOS are kept.

Sec. 29. Disposition of forms/supplies. After the testing and sealing, theSBEI sha ll:

a) Submit to the SBRCG the envelope containing the following:

I. Diagnostic Report;

2. Initialization Repo rt;

3. ~ i b h topies of ER;

4. ~ i n u a lR;

5. Transmission Report; and

6. Counted ballots.

Th e SBRCG shall keep the above documents in his custody until fui-therinstructions from th e Com mission.

b) Leave inside the polling place, properly secured, the PCOS contained in thesealed bo;k, th e batte ry inside its box, an d the sealed ballot box.

Sec. 30. PCOS machines to be opened on April 13, 2013. - The PCOSmachines shall be opened only on April 13, 2013, before the voting starts, and in thepresence of watchers, if any.

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ARTICLE VIII

CASTING OF VOTES

Sec. 31. Who are allowed to vote. - All overseas voters may vote forSenators and accredited party/organization or coalition thereof participating un der t heparty-list system of represen tation. e

Set. 32. Pe,~iodor casting of votes. - Casting of votes shall b e for a periodof thirty (30) calendar days beginning at 8:00 o'clock in the morning of April13, 2013, local time of the host country until 7:00 o'clock in the evening ofMay 13,2013, Philippine time inclusive of all established holidays i n th e Philippinesand such other holidays in th e host countries.

Except on April 13, 2013 where all Posts are required to open at 8:00 o'clock

in the morning, local time of the host country, the Post may adopt a flexibleschedule for the o peration of th e various SBEIs; provided it is continuo us and it will notbe less than eight @)hours a day, taking in to account th e availability of voters and t heprimary responsibilities a nd functio ns of the mem bers of th e SBEIs.

If at 7:00 o'cloclr in the evening of May 13, 2013, Philippine time, thereare still voters wholhave not yet cast their votes within th e thirty (30) meters in front ofthe polling place, !the voting shall contin ue to allow said voters t o cast th eir voteswithout interrup tion. The Poll C lerk shall, without delay, list th e n am es of said voters.The voters listed sh'all be called to vote by the Poll Clerk by announcing each nam e th ree(3 ) times in the order in which they are listed. Any voter who is no t present when calledshall not be permitted to vote a t any later time.

Sec. 33. PZace of voting. - Casting of votes shall be d one i n th e designatedvoting area within t he prem ises of th e Posts and other voting areas as may be authorizedby the omm m ission!

Sec. 34. prohibitions during voting. -The voter shall not:

a) Bring the! ballot, ballo t secrecy folder or m arking pe n outsid e of th e pollingplace; )

b) Speak wikh anyone other than as herein provided while inside the pollingplace;

c) Prepare his ballot without using the ballot secrecy folder or exhibit its

contents;

d) Fill his ballot accompanied by another, except in the case of an illiterate orperson with gisability;

e) Erase any printing from , and put any distinguishing mark on th e ballot;

f) Use carbon paper, paraffin paper or other means of making a copy of thecontents of the ballot, or otherwise make use of any other schem e to identify hisvote, including t he use of digital cameras, cellular phones w ith cam era or sim ilargadgets; 1

I

g) ~ n t e n t i o n a l l ~ear or deface the ballot; and

11) To disru pt or a ttem pt to d isrupt th e norma l operatio n of th e PCOS.

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Set. 35. Rules to be observed during the voting. - During the voting, theSBEI shall ensure that:

a) Voters shall vote in th e ord er of their arrival in th e polling place;

b) No watcher shall enter the place reserved for th e voters an d th e SBEI, normingle a nd talk with the voters;

@

c) No person carrying any firearm or any other deadly weapon, except thoseexpressly authorized by th e C ommission, shall ente r th e polling place;

d) There shall be no crowding of voters and disorderly behavior inside thepolling plack; an dIe) The ballot box shall remain sealed d uring voting.

Sec. 36. Preparation of ballots for illiterate voters or person w ithdisability (PWD).- I ,

a) No voter shall be allowed to vote as illiterate or PWD .unle ss suc h fact is soindicated in th e O W No. 2-A or such condition of physical disability is appa ren t;

b) A voter40s illiterate or PWD who is unable to prep are th e ballot by himselfmay be assisted in the preparation of his ballot by a relative within the fourthcivil degreelof consanguinity or affinity, or by an y perso n of his confidence who

belongs to th e same household, or by any m ember of the SBEI;

c) No person shall assist an illiterate or PWD voter more than three (3 ) times

except the inembers of th e SBEI. The Third Member shall enter in Part IV of

OW No. 11; the nam es of the person s each member assisted. At th e en d of eachvoting day, the Third Member shall indicate on Part IV of OVF No. 11 the totalnumber of Zimes each member of the SBEI assisted an illiterate or physicallydisabled voter;

d) The assistor shall accomplish the ballot for th e illiterate or PWD using a ballotsecrecy fold&r n the p resence of the latte r; an d

f) The assiitor shall bind himself in w riting and u nder oath, to accomplish theballot strictly in accordance with th e instructions of the vo ter an d no t to revealthe contebts of the ballot by affixing his signature in th e ap propriate space inPart IV of O W No. 11.

Sec. 37. Express lane for PWDs and senior citizens. - PWDs an d seniorcitizens voting in their respective polling places shall be afforded their right to anexpress lane an d mhde t o vote as soon a s they arrive.

Sec. 38. Cfiallenge of illegal voters. -Any voter or watcher m ay challenge avoter for:

a) Not beingia registered ov erseas voter;

b) Using the iname of ano ther; o r

c) Suffering irom an existing disqualification.

In such a case, the SBEI shall satisfy itself as to whether or not th e gro und for thechallenge is true bylrequiring proof of registration, identity or qualification.

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Sec. 39. Challenge based on certain illegal ac ts.- Any voter or watcher

inay challenge any voter o n the g round th at:

a) The challenged person ha s received or expects to receive money o r anything ofvalue as coqsideration for his vote, has paid, offered or promised to pay, hascontributed,, offered or promised to contribute money or, anythin g of value a sconside ration for th e vote of anothe r;

b) The challenged person h as ma de or received a promise t o influence the giving. or withholding of any such vote; or

c) The challenged person has m ade a bet o r is intere sted directly or indirectly in abet, which dkpends up on th e results of the election.

\

The challenged person shall take an oath before the SBEI that he has notcommitted any of the acts alleged in the challenge and accomplish the Oath of VoterChallenged for Illegal Acts (OVF No. 39). Upon taking suchroath, the challenge shall bedismissed and the voter shall be allowed to vote. In case the voter refuses to take suchoath, the challenge shall be sustained and the voter shall not be allowed to vote.

Sec. 40. Record of challenges and oaths. - The Third Member of the SBEIshall record in Pak VII of O W No. 11 all challenges and oaths taken in connectiontherewith and t he decision of the SBEI in each case.

Sec. 41.Prohibition on premature announcementof voting.- No memberof the SBEI shall, before the termination of the voting, make any announcement as towhether a certain reg istered voter has already voted or no t, as to how m any have already

voted or how many so far have failed to vote, or any other fact tending to show orshowing the state of the polls, nor shall he make any statem ent a t any time, except aswitness before a court or body as t o how any person voted.

Sec. 42. Procedures to be observed by the SBEI and SBRCG.-t

I. BeforeApril 13,.2013:I

A. The SBRCG shall:

1) Isshe th e CLOV an d OVF No. 2-A to each SBEI;i

2) ~ l l b c a t eo each SBEI the official ballots a nd other forms an d suppliesbase& on th e rate of distribution indicated in th e C ekificate of Receipt ofForm's and Supplies for Voting by the SBEI (O W No. 14) and accomplishthe blank columns thereof;

3) ~ s i i ~ ncorresponding identification num ber fo r each SBEI which shallbe indicated o n the Ballot Receptacle to be assigned to an SBEI;

4) Place inside the Ballot Receptacle the fo rms an d supplies listed in O WNO .14;

5) Iss'i~ehe Ballot Receptacle and assigned accomplished O W No. 14 tothe SBEI; and

6) Re'ceive from t he SBEIs the Ballot Receptacle after they ha ve checkedthe contents therein, together with the corresponding accomplished OVFNO.14.

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B. The SBEI shall:*

1) Remove the contents of the Ballot Receptacle to ascertain if the actualquan tity of ballots received is equal to th e nu mb er of voters assigned to itbased on th e CLOV;

a) If more than th e num ber of voters, return t he excess ballots tothe SBRCG; r

b) If less, obtain from the SBRCG additional ballo ts;

a) Examine the quantity of other supplies, inclpding the serial numbers, ifany, to determine if they are the same as those recorded in theaccomplished OVF No. 14;

ia) If the quantity of other forms and supplies are the sa me, sign theAclrnowledgment Receipt on O W No.14; o r

b) If not, refer the matter to the SBRCG wllo shall report to thecov.

3) Accomplish Part I of O W No. 11;

4) Return the official ballots and other forms an d supp lies issued insideth e Ballot Receptacle;

5) ~ e h lhe cover of the Ballot Receptacle with a masking tape and affixtheir signatures thereon;

6 ) Deliver the sealed Ballot Receptacle togeth er with one copy of O W No.14 to t he SBRCG for safekeeping. The o ther copy of OVF No. 14 shall beretained by the SB EI for their file;

7) Require the SBRCG to aclmowledge receipt of the Ballot Receptacle byaccomplishing the logbook maintained for the purpose; and

8) PoSition the CLOV in a conspicuous place within the premises of thepolling place.

11. Before the voting begins on April 13,2013:

A. The SBRCG shall:

1) Issu e to each SBEI its B allot Receptacle; an d

2) Require SBEI to acknowledge receipt of the Ballot Receptacle using alogboolz main tained for the p urpose.

B. The SBEI shall:

B.1 In t he presence of th e SBRCG:

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I) Brealz the Ballot Receptacle seal;

2) Open t he B allot Receptacle;

3) Determ ine an d segregate the n um ber of official ballots and other: form s and supplies to be used for the day a nd shall be entered in

Pa rt II.C.1 of O W No. 11;*

! 4) Place th e official ballots in th e box intended for th e purpose;

5) Retu rn th e remaining official ballots, forms and supplies insideth e Ballot Receptacle;

6) Seal th e cover of the Ballot Receptacle and t h e Election M aterials

box with a masking tape an d affix their signatu res thereon;

', 7) Deposit th e Ballot Receptacle an d the,Election Materials box withSBRCG for safekeeping;

8) Require the SBRCG to aclznowledge receipt of the BallotReceptacle and the Election Materials box using the logbookmaintained for the purpose; and

g) Proceed to th e polling place.

B.2 In the Polling Place:

a) Record the na m es of the watchers present, date and tim e of arrival, and theparty or'candid ate they represent on Part VI of OVF No. 11an d require themto affix the ir signatures;

b) Ensure th at th e PCOS box is in the precinct an d it has all the election forms,docum ents an d supplies needed;

c) Show to th e public and the watchers present that:I. PCOS box is sealed;

2. Ballot box is em pty and therea fter seal with four (4 ) plastic seals;

3. pkckage of official ballots is duly sealed an d thereaft er, break the seal;

Id) Remove th e pape r seal of th e PCOS box;

e) Open the PCOS box;

f ) Checlz &e ther th e following are inside th e PCOS box:

1) Checltlist of th e conten ts of th e box;2) PCOS ma chine;3) Pow er cord of th e PCOS;4) Thirteen (13) rolls of official thermal paper;5) i B u ~ o n6) Th ree (3 ) security PINS of the BEI;7) One (1) PIN for re-zeroing which shall remain in th e PCOS box; and

8) Marlzing Pen sI

g ) Get OVF No. 11 from t he Ballot Receptacle, and:

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i. Check if the serial num ber of the paper seal used in th e PCOS box is thesame as the serial number recorded in O W No. 11;

ii . Enter in O W No. 11 the numb er of ballots as indicated in t he pacltage ofthe ballots; and the fact that the PCOS box, and the pacltage of ballotswere shown to th e public with the seals intact.

h) Retrieve th e security PIN from th e PCOS box an d distrib ute the sam eamong themselves. The RE-ZERO Pin shall be retaihed inside thePCOS box. If there is a need to use the RE-ZERO Pin, inform th eTechnical Supp ort Personnel, the reason for the need, and ente r suchfact in OVF No. 11;

i) Retrieve th e PCOS from its box;

j) Show to the public that the printer cover of the PCOS and the slots

1abelled'POLL WORKER an d ADMINISTRATOR containin g th e mainmem oly card a nd back-up memory card, respectively, are sealed;

I I

k) Place th e PCOS properly on to p of the ballot box;

1) Break th e serially-numb ered plastic security seal of th e printe r coverof the PCOS;

m) Open the printer cover and the Chairman shall take out the iButtonsecurity ltey;

n) Ensure tha t the roll of official therm al paper is properly installed ;

o) Close th e prin ter cover;

p) Connect th e power adap tor to the PCOS AC power po rt (PoVAC) andplug the other end to th e electrical outlet. There shall be n o passageway betiveen PCOS and its power outlet. A perimeter must bemaintained on the sides and at the back of the PCOS, if spacepermits/is available;

q) Connect the batte ry to t he PCOS DC power po rt (12 VDC). If the re isno power, press with a ballpoint pen th e RESET but ton located at thetop of th e PCOS AC pow er port ;

r) Wait until the PCOS displays th e message "BE1 AUTHENTICATIONPLEASE INSERT SECURITY KEY FOR AUTHENTICATION". TheChairman shall

s) Place the iButton security key on top of the iButton security keyreceptacle and apply slight pressure thereo n. A message "PLEASEENTER SECURITY PIN" will be displayed in th e screen ;

I) Ente r the security PIN;

2) Wait until the message "BE1 SECURITY KEY VERIFIED" appears onthe PCOS screen. A message "IS THIS THE CORRECT TIME?", with"YES/NOn options ap pearing on the screen.

3) Select "YES" if th e dat e and tim e is correct, an d en ter such fact in OVF

No. 11.

4) Select "NO" if the date and time is incorrect. The screen will display"SET YEAR". Press "+++'I if the year displayed is less than 2013 or

press "---" if year is more than 2013, then press en ter. The PCOS will=%r

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then display the "SET MONTH" then "SET DAY then "SET DAY,HOUR AND MINUTE". Ju st press either "+++" to increase o r "---" to

decrease the month, day, hour an d minute then p ress "ENTER. Aftercorrection of the date and time has been effected, enter such fact inIO W No. 11.

5) Wait until th e MAIN MENU is displayed.

t) The certified IT-capable mem ber of the BE1 sha ll ljerform th e followingprocedures:

1) select "OPEN VOTING" from th e Main Men u. The PCOS shall then:

i.1 Aslz for t he PIN of th e poll clerk who will the n en ter his PIN, andpress ENTER;

ii. Ask for the second PIN from the third m emb er who will then en terhis PIN, an d press ENTER;

I 4 I

iii, Display a message "PIN ACCEPTED";

iv.j Display two (2) options: "INITIALIZE VOTE COUNTERS" and"PREVIOUS SCREEN".

U) Press the "INITIALIZE VOTE COUNTERS" option of the PCOS. The PCOSshall: .

I) Display the message "INITIALIZING VOTE COUNTERS (ENSURINGTHAT VOTE COUNTERS ARE ZERO) PLEASE WAIT .. ";

2) Display the m essage "RESULTS HAVE BEEN ZEROED";3) Automatically print th e Initialization Report sho wing zero (0 ) vote foreach can didate including th e geographic information;

4) After printing the Initialization Report, the PCOS will display themessage, "WOULD YOU LIKE TO PRINT MORE COPIES OF THEZERO TAPE?", with "YES and NO" options. P ress "NO". The PCOS willdiiplay the message "PLEASE INSERT BALLOT". Now, the PCOS isready to accept ballots.

v) Detach th e Initialization Repo rt, affix their sign ature s ther eon includingthose of the representatives of the political parties, candidates or citizensarms present; and

w) The chairman shall then place the Report inside th e envelope (O W No. 18-A) for submission to th e SBRCG after the voting.

Ii

Sec. 43.~ h n e rf obtaining ballots. -a) The voter approaches the Poll Clerk and gives his na me an d addres s togetherwith other da ta concerning his person;

1 ,

b) The SBEI or su pport staff shall verify from the O W No. 2-A if his name isincluded thetein ;

I) If 6is name is included, the SBEI or support staff shall ascertain thevoter's identity throug h his photo in OW No. 2-A.

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In th e absence of the voter's photo, require the voter to presen t his validpassport or any identification card bearing his photograph and signature.

In the absence of ally identification documents, any member of the SBEIcan identify the voter by accomplishing the Oath of an SBEI MemberIdentifying a Voter ( O W No. 40-B). Such fact shall be en tered in Part V oft he O W No. 11 and the accomplished OVF No. 40-B shall be attachedthereto. 4

If hisiidentity still cannot be ascertained by any of the foregoing means,the person shall not be allowed to vote and h e will be asked to leave thepolling place.

2) If the identity of the voter has been ascertained or has not been

challenged or having been challenged the question has been decided in hisfavor: direct th e voter to ap proach th e Ch airman for issu ance of his officialballot, require th e voter to affix his sign ature i g OVF No. 2-A.

II

C) Before issuing the official ballot a nd th e m arking p en, th e Chairman shall:

1) Make sure that the ballot corresponds to the main memory cardinstaliled in th e PCOS.

If th e ballot does not correspond to the m ain mem ory card, set asidethe ballot to be returned later to the SBRCG, issue another ballot.Rkcord su ch fact in OVF No.11.

~ l ) eallot tha t was return ed shall be included in the pile of ballots thatbears the s am e ballot identification as that b orne by th e ballot th at wasreturned.

!2) Authenticate the ballot by affixing his signature at th e space provided a tth e ufiper front of th e ballot;

Failure to authenticate the ballot shall not invalidate th e ballot b ut th eChairman shall be liable for an election offense;

I

3) Instruct th e voter o n how to fill-up the ballot properly;

4) InSert the ballot in th e ballot secrecy folder in such a m anner tha t itsface Is covered, except the portion where his signature in the ballotappears, an d give the ballot to the voter.

Odly the Chairman shall issue the official ballots, an d not more th anolie ballot,shall be issued a t o ne time.

Sec. 44. Manner of voting.- a) The voter shall:

1) Fill his ballot, using a ballot secrecy folder and the marking pen provided bythe COMELEC, by fu lly shad in^ the oval beside th e names of the candidates andpolitical pa&y participating in the party list system of representation of his

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2) Approach the PCOS with his accomplished ballot inside the ballot secrecyfolder, and wait until the message "INSERT BALLOT" appears on the screen

before inserting his acco mplished ballot in th e ballot entry slot;

3) Proceed to th e SBEI Chairman to return the ballot secrecy folder and markingpen when the message "CONGRATULATIONS, YOUR VOTE HAS BEEN

REGISTERED" appe ars o n the screen of the PCOS;*

b) The Third Mem ber/Sup port Staff shall:

1. Monitor t h e PCOS screen to make su re that th e ballot was successfullyaccepted; an d

2. Instruct the voter t o return the ballot secrecy folder a nd m arking pen to th eThird Mqm ber/Sup port Staff, and then leave the polling place.

iI 1 .i

Sec. 45.Rejected ballots;Procedure. - Ballots may be rejected by th e PCOSduring scanning. There will be three (3 ) different types of messages when the PCOSrejects a ballot. ~ o r' e a c h essage, the SBEI shall observe the following procedures:

a) "AMBIGUOUSMARK"Let the voter review his ballot and ensure that the ovals opposite the

names of the candida telparty voted for are fully shaded.I

b) "MISREAD BALLOT"

Let the v oter re-feed the ballot in four (4) different orientations.

C)"INVALIS BALLOT"

If the!ballot corresponds to a different main memory card, t he voter shallreturn the ballot to the Chairman who shall proceed to Steps (d) (I) and(2) hereof;

2) If the ballot corresponds to the main m emory card, let th e voter re-feedthe ballot in four (4) orientations.?

d)'In all cases, if th e PCOS rejects a ballot, the voter shall retu rn t he ballot to th eChairman who shall:

3) Pla'ce inside t he Envelope for Rejected Ballots.

No replacem ent ballot shall be issued to a voter who se ballot is rejected bythe PCOS.

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Any party objecting to the rejection of the ballot sha ll reduce his objectionin writing, which the SBEI shall attach to and note in OVFNo. 11.

Sec. 46. Changing memory card in the PCOS. - If all the ballotscorresponding to the main m emory card installed have already been co nsumed:

a) The Chairman shall place the iButton security lzey on top of the iButtonsecurity key receptacle and apply slight pressure therebn until the message"SECURITY.KEY VERIFIEDJ' appe ars on th e PCOS screen . W ait u ntil the "MAINMENU" is displayed;

b) Select PRINT REPORTS;1

cl S ~ l e r tTATUS REPORT:

e) The PCOS shall p rin t t he STATUS KEPOKT. t

i

f) The PCOS will ask "WOULD YOU LIKE TO PRINT MORE CO PIES OF THISREPORT?" with '"YES" an d "NO" options. Press "NO";

Ig) The SBEI shall detach the STATUS REPORT, affix their signatures on thespaces provihed thereo n. T he watchers shall likewiseaffix their signatures on thecorresponding spac es provided;

I

h) The SBEI shall place the STATUS REPORT inside the envelope intended forthe purpose;

I

i) The ~ ~ 0 ~ i s h a l lhe n in dica te a message saying "PLEASE INSERT BALLOTJ';

j) The ~ h a i r h a nhall place th e iButton security key on to p of the iButton securitylzey receptacle a nd apply slight pressure th ereo n until th e m essage "SECURITYKEY VERIFIED" app ears on th e PCOS screen;

I .

lz) The P C O ~ ill next display th e Main Menu ;i

1) Select "SHUT DOWN" option;

m) The PCO'S will display a message "ARE YOU CERTAJN YOU WANT TO SHUTDOWN THIS PCOS?";

n) S elect "YESJJ;

o) The PCOS will d isplay a m essage "SHUTTING DOWNJ';

p) Wait until t he light of the screen tur ns off. The PCOS will automatically shu tdown; i

q) isc connect the power ada ptor to the PCOS AC power port (2 0 VAC);

r) Disconnect the battery from the PCOS;

s) Break the seal of the main memory card slot and remove the main memorycard and labkl it as ''I" .Label the next used m ain memory c ard a s "a" and so on;

't) Remove the PCOS from th e ballot box and place it in its box;

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U) Seal th e sliding cover of the ballot box w ith a plastic seal. Seal th e cover of theballot box with packaging tap e by wrapping arou nd th e cover an d extending it tothe upper part of the ballot box, then affix their signatures therein and requirethe w atchers present t o also affix their;

w) Collect tlie PINs fro m th e SBEI mem bers;

X) The Chairman an d th e Poll Clerk shall:*

I) Proceed t o t he SBRCG with the following items:

i) ballot box;

ii) main memo ry card, iButton an d PINs;

2) Submit to th e SBRCG the ballot box;

3) Retrieve from th e SBRCG the Election M at e~ ia ls orx;

4) Place the used main memory card, iButton and PINs in thecorrespond ing resealable plastic bag;

5) ~ e p i e v ehe resealable plastic bag containing a new m ain m emo ry cardcorresponding to t he new set of ballots;

6) Retrieve the new main memory card, iButton and PINS from theresealable plastic bag;

7) Return th e resealable plastic bag into th e Election Materials box; andI8) Seal th e Election Materials box with a packaging tap e a nd affix theirsignatures thereon;

9) Get from th e SBRCG a new ballot box;!

l o ) ~ k t r i e v erom th e SBRCG th e Ballot Receptacle;

12) Require SBEI to acknowledge receipt of the above-mentioned suppliesan d election materials using a logbook maintained for the purpose.

The Third Member shall remain in the polling place to secu re th e PCOSmachine.

y) The SBEI shall, in th e presence of th e SBRCG:

I) Break th e B allot Receptacle seal;i

2) op en t he Ballot Receptacle;

3) Get four (4) new serially-numbered seal for th e ballot box;

4) Get one (1) new serially-numbered plastic security seal for the mainmemory card compartment;

5) ~ e t e r m i n e nd segregate the num ber of official ballots containing theballot ID number appearing in the memory card, and other forms andsupplies to be used for the day;

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The num ber of official ballots to be used for th e day shall be en tered inPa rt II.C.1 of OV F No. 11.

7) Return the remaining official ballots, forms and supplies inside theBallot Receptacle;

8) Seal the cover of th e Ballot Receptacle again with a packa ging tape an daffix their signa tures thereo n; e

g) ~ k ~ o s i the Ballot Receptacle and the Election Materials box withSBRCG for safekeeping;

lo )~ t# p ir e the SBRCG to aclmowledge receipt of th e Ballot Receptacleand the Election M aterials box using th e logbook maintained for thepurpose; and

11) ~ A c e e do th e polling place.I I

z) In th e po ljing Place:

1) Remove the cover of the ballot box;

2) ~ h &o th e public that the ballot box is empty;

3) S ed the sides of th e ballot box with serially numbered plastic seals;!

4) Enter in Part V of OVFNo. 11 he fact that the b allot box was shown tothe publicwith its seal intact;

5) Retrieve the PCOS from its box, place it on top of the new ballot box;!

6) Show that the plastic security seal of the back-up memory card slot ofth e PCOS is intact;

7) Record in OVF No. I i the Ballot ID assigned to th e new main memorycard;

>

8) Open "POLL WORKER" compartment and insert the main memorycard ih the corresponding slot;

9) Seal the "POLL WORKER" compartment with a serially-numberedplastik security seal, which shall remain sealed durin g th e voting;!10) E'nter the serial number of th e plastic security seal for the "POLLW O R ~E R ' ' ompakment i n O W No. 11;

11) op en t he p rinter cover and verify if there is still sufficient roll of paperinstalled in the printe r;

12) Cb se the printer cover;

13) Install and initialize the PCOS by performing the appropriateprocedures stated in Sec. 43 I1 .[B.2 (p t o w)] herein;

1

14)~ i c o m ~ l i s hart 1I.A of OAV No. 11; andd

15) vd ting shall resume.

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Sec. 47. Procedures a t the end of each voting day . - The SBEI and SBRCG

shall observe the following at the end of each voting day.

A. The SBEI shall:

1) Print the Status Reporte

a) The C hairman shall place the iButton security key on top of the iButtonsecurity lzey receptacle an d apply slight pressure th ereo n u ntil th e message"SECURITY EY VERIFIED" appe ars o n the PCOS screen. Wait until the"MAIN M E N U is displayed;

b) Select PRINT REPORTS;

c) Select STATUS REPORT;

d) T h t PCOS will aslz for the num ber of copies to prin t. Press "1".

I

e) The PCOS will aslz "WOULD YOU LIKE TO PRINT MORE COPIES OFTHIS!REPORT?" with "YESJ' nd "NO" options. Press "NO";if) ~et!ach h e Status Report;

g) Count the num ber of unused ballots and record th e sam e in Pa rt II.D.6of OVF No. i l ;

The PCOS will display th e m essage "PLEASE INSERT BALLOT".

2) S hu t D o h h e PCOS

a) Thk Chairman shall place the iBu tton security le y o n top of the iButtonsecurity lzey receptacle and apply slight pressure th ere on u ntil th e message"SECURITY ICEY VERIFIED" appears on the PCOS screen. The PCOS willnext display th e Main Menu;

Befort shu tting down th e PCOS, accomplish Part 1I.B an d record in PartII.D.4 of O W No. 11, the num ber of ballots cast as sho wn o n the screen ofthe PCOS;

I

b) Select "SHUT DOWN" option;

c) The PCOS will 1disp lay a m essage "ARE YOU CERTAIN YOU WANT TOSHU T DOWN THIS PCOS?"1d) ~ e f e c tYES";

e) The PCOS will display a message "SHUTTING DOWN";I

f) W ij t until t he light of the screen tu rn s off. The PCOS will automaticallyshut down.

g) Disconnect the po wer adap tor to the PCOS AC power p ort (20 VAC);

h) Disconnect th e battery from th e PCOS;I

The PCOS and ballot box shall remain inside the polling place properlysecurkd, for use in th e succeeding days until May 13,201 3.

cf. 32

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3) Through the Chairman, collect the PINs from the SBEI members;

4) Together ivith th e watchers present, sign on t he corresponding p ortions of theStatus Report a nd place it inside the e nvelope (OVF 18-A);

5) Record in O W No. 11 the number of valid ballots cast, as indicated in theStatus Report; 1

6) Place the O W No. 11 n th e corresponding envelope;

7)Retrieve from t he SBRCG th e Election Ma terials box to retu rn th e following:

b) PINs; andIc) Marlzing pe ns

The SBEI shall en sure tha t the iButton and th e PINs ar e placed inside itscorresponding resealable plastic bag before returning the same into theElectibn Materials box.

8) Retrieve from the SBRCG the Ballot Receptacle, remove the tape, and placetherein th e following:

I

a) unused ballots which shall be returned to its original ballot package;

b) ballot secrecy folders;

c) signed Statu s Report;1

d) Envelopes containing O W No. 11; andi

e) Other forms an d supplies.1

9 ) Seal the 'cover of the Ballot Receptacle and Election M aterials box w ith amasl<ing ape and t h e mem bers of the SBEI shall affix their sign atures thereon;

10) Subm it th e sealed Election Materials box an d Ballot Receptacle and OW No.2-A to the SBRCG for safekeeping ; and

11) Require the SBRCG to aclrnowledge receipt using t h e logbook mainta ined forthe purpose.'

B. The SBRCG sha ll:

1) Ensure t h it the Election Materials box, Ballot Receptacles are properly sealed;and

2) Keep the Ballot Receptacles in a sec ured place for issuan ce th e next day.

See. 48. Procedures a t the start of euemj voting day afier April 13,2013.- Before the sta rt of every voting day, the SBEI an d SBRCG shall observ e th e followingprocedures:

A.' The SBEI in khe presen ce of the SBRCG shall:4I

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1) Retrieve the Ballot Receptacle, break its seal and ge t th e nu mb er of ballots tobe used for the day from the ballot package corresponding to the ballot ID

num ber an d th e envelopes containing the OW No. 11;

2) Record in Pa rt II.C.1 of OVF No. 11 the nu mber of bfficial ballots to b e used forthe day;

4 ) Return inside the Ballot Receptacle the remaining offidal ballots, forms andsupplies;

5) RetrieveOWNo. 2-A;

6) Seal th e cover of th e B allot Receptacle with a packaging tape an d affix theirsignatures thereon ;

7) Deposit th e Ballot Receptacle with SBRCG for safek eepin g;

8) Require th e SBRCG to acknowledge receipt of the, Ballot ,Receptacle using thelogbook maintained for the purpose;

1g) Retrieve the Election Materials box and get from th e box th e following:

i) iButton for th e currently installed memo ly card in th e PCOS;

ii) PINs for the SBEI;

iii) Marking pens ;

l o ) Seal the. Election Materials box with a masking tape , affix their signa turesthereon and keturn to t he SBRCG;

11) Proceed to th e polling place,

B. In th e polling place, th e SBEI shall:I .

I) Record the nam es of the watchers present, date and tim e of arrival, and th eparty or canbidate they represent on Part VI of O W o. 11 and require them t oaffix the ir signa tures;

2) Ensure tha t it has all the election forms, documents an d supp lies needed;

3) Without opening the ballot box, show tha t there ar e ballots inside the ballotbox, as th e case may be;

4 ) Enter in Part V of the O W No. 11 the fact that the PCOS box an d ballot boxwere shown to th e public;

5)Distribute the PINs among m embe rs of the SBEI;i

6) Connect the power adap tor to th e PCOS AC power port (20 VAC) and plug itinto the electrical outlet;

7) Connect the battery to the PCOS; .8)W ait until t he PCOS displays th e m essag e "BE1 AUTHENTICATION PLEASEINSERT SECURITY KEY FO R AUTHENTICATION";I

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9 ) The Chairman shall place the iButton security ltey on top of the iButtonsecurity ltey receptacle and ap ply slight pressure thereon until th e message "BE1

SECURITY KEY VERIFIED" appears on the PCOS screen. Wait until the "MAINM E N U is displayed;

The iButton shall be in custody of the Ch airman until the e nd of voting.

lo ) Select "OPEN VOTING" from the Main Menu; @

11) The PCOS shall reque st fo r a PIN;

12) The Poll '~ le rkhall then enter his PIN and press "ENTER";1

13) Th e PCOS shall validate th e PIN and display a message "PIN ACCEPTEDJ';

14)The PCOS shall request for an othe r PIN;

15) The Third Member shall then enter his PIN and press "ENTER ;

16) The PCOS shall validate the PIN a nd display a m essage "P IN ACCEPTED";

17) Display &o (2 ) options: "RESUME" and "PREVIOUS SCREEN";

18) Press th e "RESUME" option in t he M ain Menu . The PCOS shall:

i) Automatically print th e Status R eport showing th e num ber of voters whoactually voted an d the nu mb er of valid ballots counted ;

ii) After printing the Status Report, the PCOS will display the message,'W0ULD:YOU LIKE TO PRINT MORE COPIES OF THIS REPORT?" with a"YES" and "NO" options. Press "NO". The PCOS will display the message"PLEASE INSER T BALLOT". Now, th e PCOS is ready t o accept ballots.

ig ) Detach 'th e Status Report, affix their signatures thereo n including th ewatchers present;

20) Compare the num ber of valid ballots cast in the Statu s Report with tha t asrecorded in OVF No. 11;

21) Place t h Status Report inside the envelope (18-A) for submission to theSBRCG after each voting day f or its safekeeping; and

I

22) Accomplish Pa rt 1I.A of OAV No. 11.

23) Voting shall commence and continue for eight (8)hours.

See. 49. Hocedure on the last votingday . - The SBEI shall retrieve itsBallot Receptacle and E lection Materials box from th e SBRCG an d brin g th e sam e to thepolling place and con duct th e voting until 7:00 o'clock in th e evening, Ph ilippine time.At the e nd of voting at 7:00 o'clock in the evening on May 13,20 13, th e SBEI shall:

a) Print the S tatus Report

1) ~ h 6hairma n shall place the iButton security key on to p of the iButtonsecurity key receptacle and apply slight pressure there on until the message"SECURITY KEY VEFUFIED" appears on th e PCOS screen. W ait until the"MAIN MENU" is displayed;

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2) Select PRINT REPORTS;

4) he PCOS will ask for the nu mb er of copies to print. Press "I".

5)The PCOS shall prin t th e STATUS REPORT.*

6) The PCOS will ask "WOULD YOU LIKE TO PRINT MORE COPIES OFTHIS.REPORT?"with 'YES' an d "NO" options. Pre ss "NO";

7) Detach the Status Report;

8) Count the num ber of unused ballots and record the sam e in Part II .D.6of O W No. 11;

The PCOS will ind icate a messag e saying "PLEASE INSERT BALLOT".

/3

b) S hu t D o h h e PCOS

I) The C hairman shall place th e iButton security key on top of t he iButto11security key receptacle and apply slight pressure thereo n until th e message"BE1 SECURITY KEY VERIFIED" appears on th e PCOS screen. The PCOSwill nkxt display the M ain Menu;

I

Before shutting down .the PCOS, accomplish Part 1I.B and record inPa rt II.D.4 of O W No. 11, th e num ber of votes cast as shown on the

sciee n of the PCOS;

2) SeTect "SHUT DOWN" option;

3) The PCOS will display a messa ge "ARE YOU CERTAIN YOU WANT TOSHUT DOWN TH IS PCOS?"

4 ) ~ e f k c tYES";

.5) he PCOS will display a m essage "SHUTT ING DOWN";

6) Wait until t he light of the screen tu rn s off. The PCOS will automaticallyshut down;

7) is connect th e power adaptor t o the PCOS AC power p ort (20 VAC) andunplug the power cord;

8) ~ i i e o n n e c the battery from the PCOS;

c) Collect the PINS from the SBEI mem bers;

d) Break th e seal of th e "POLL WORKER" compai-tment an d remove t he mainmemory card;

,I

e) The SBEI! and the watchers shall sign on the corresponding portions of theSTATUS REPO RT;

f) Record in OVF No. 11 the main memory card number an d the number of validballots counted, as indicated in the St atus Report;

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g) Place the O W No. 11 in its corresponding envelope;

h) Return the following inside the Election Materials box:

1)main memory card;I

2) iButton;

3) PINs;

4) Marlzing pens;

The ~ B E Ihall ensure that the main memory card, iButton and the PINsare inside the original resealable plastic bag before returning the same intothe Election Materials box.

i) Return th e following to the Ballot Receptacle box:

I1)~ n h s e dallots, which are returned to its original ballot package;

2) Ballot secrecy folders;

3) Signed Status Report; and

4) other forms and supplies.

j) Retrieve Gorn the Election Materials box the resealable plastic bag for the mainmemory card labeled "1"

10 Close votingi

I) Open the "POLL WORKER" compartment of the PCOS and insert themain hemory card in the corresponding slot, and close the same;

2) Retribe the corresponding iButton and PINs from the resealable plastic

bag;t

3) Connect the power adaptor to the PCOSAC power port (20 VAC) and plugit intb the electrical outlet;

4) Connect the battery to the PCOS;I

5) Turn the PCOS on;

6 ) The chairman shall place the iButton security key on top of the iButtonsecurity key receptacle and apply slight pressure thereon. Remove theiButton security key from its receptacle, after which the PCOS will displaythe Main Menu;

7 ) Press'the "CLOSE VOTING" option in the Main Menu;

8) The screen will display a message "ARE YOU SURE YOU WANT TO

CLOSE VOTING? NO MORE BALLOTS WILL BE ACCEPTED AFTERTHIS:" Select "YES" option; '

9) The PCOS shall request for a PIN;

10) The poll Clerk shall then enter his PIN and press "ENTER";

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11) The PCOS shall validate th e PIN a nd display a message "PIN ACCEPTED";

la ) The PCOS shall request for anoth er PIN;

13) The fhird Member shall then e nter his PIN an d press "ENTER";

14) The PCOS shall validate the PIN a nd display a messake "PIN ACCEPTED";

15) The screen will display a message "POLL IS BEING CLOSED PLEASEWAIT" followed by ano ther m essage "VOTING HAS BEEN CLOSED NOMORE BALLOTS WILL BE ACCEPTED BY TH IS PCOS";

16) Thereafter, th e PCOS shall automatically cou nt the votes a nd imm ediatelydisplay a message "WOULD YOU LIKE TO DIGITALLY SIGN THE

TRA$ISMISSION FILES WITH A BE1 SIGNATURE KEY?", with a "YES"or "NO" option;

I ,

17) pr ess ith e "NO" option;

18) The PCOS will display "ARE YOU SURE YOU DO NOT WANT TO APPLYANY DIGITAL SIGNATURE?", with a "YES" or "NO" op tion;

19) press) the "YES" option. A message shall be displayed "PRINTING 8

COPIES OF NATIONAL RETURNS. PLEASE WAIT";

20 ) A meksage shall be displayed "WOULD YOU LIKE TO PRINT MORECOPIES OF THIS REPORT" with a YES and NO options. Press "NO"

optioh;

21) Thereafter, the PCOS will display "PRINTING 8 COPIES OF LOCALRETURNS. PLEASE WAIT..." and the PCOS automatically prints the 8

copiek;I

22) The ER will indicate a message: "NO LOCAL CONTESTS FOUND". Th ereis no need t o sign the ER for local positions.

i23) A message shall be displayed "WOULD YOU LIKE TO PRINT MORE

COPIES OF THIS REPORT" with a YES and NO options. Press "NO"optioh;

24) The SBEI shall affix their signatures and thumbmarks and ask thewatchers p resent t o also affix their signatures on th e printed ERs;

25) Place ;each copy of ER in its corresponding envelope an d seal with a pa perseal; :

26) The chairman of the SBEI shall publicly announce the total number ofvotes received by each candidate, stating their c orrespo nding offices;

27) The P ~ I I lerk shall announce th e posting of a copy of th e ER for nationalpositions on a wall within the premises of the polling place/countingcenter which must be sufficiently lighted a nd accessible to the public, an d

proceed to post such copies;

,28) After ;forty-eight (48) ho urs following th e posting, th e ch airm an of theSBEI shall detach th e posted printed copy on the wall an d keep the samein his custody to be produced as may be requested by any voter for image

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or data capturing or for any lawful purpose as may be ordered by

compe tent authority;

Th e PCOS will displa y a messag e "READY TO TRANSMIT. PLEASE PLUGIN TRANSMISSION CABLE TO ELECTRONICALLY TRANSMITELECTION REPORTS A$?D PRESS OK TO CONTINUE" with "OR' and"SKIP" optio ns. P ress "SKIP"; q

The PCOS will display 'ARE YOU SURE YOU WISH TO SKIPCONNECTION TO THE MODEM" with "YES" an d "NO" optio ns. Pre ss"YES".

PC 09 will display message "FAILED TO TRANSMIT RESULTS " followedby "PRINTING TRANSMISSION REPORT PLEASE WAIT". PCOS

automatically prints Transm ission Report.

After !printing the Transmission Report, PCOS will display ' WOULD YOULIKE~T O RINT MORE COPIES OF THIS REPORT" h it h "YES" and "NO"optio hs. P ress "NO". PCOS will display MAIN ME NU.

From the MAIN MENU, Select PRINT REPORTS option, then selectELECTION RETURNS NATIONAL.The PCOS will display "PLEASE ENTER THE NUMBER OF COPIES TO

PRIN;T", with a nu me ric keypad ;

~ re ss l t h e esired number of copies (For ERs, press 22, for statistics report

and audit log, press1) ;

~ e ~ l d c eherm al printer paper roll and press "OK" butto n;

The PCOS shall display the message "PRINTING 22 COPIES OFNATIONAL RETURNS. PLEASE WAIT" followed by the message"WOULD YOU LIKE TO PRINT MORE C OPIES OF TH IS REPO RT?" witha "YES" an d "NO" option. Press "NO" option. Th e PCOS will re tu rn to t heM ain h e n u ;

Select PRINT;

The qCOS shall display th e m essage "PRINTING STATISTICAL REPORTPLEASE WAIT" followed by th e messag e "WOULD YOU LIKE TO PRINT

MORE COPIES OF THIS REPORT?" with a "YES" and "NO" option.Detach th e printed Statistical Report an d press "NO" option;

The PCOS shall display the message "PRINTING AUDIT LOG REPORTPLEASE WAIT" followed by the message "WOULD YOU LIKE TO P RINTMORE COPIES OF THIS REPORT?" with a "YES" and "NO" option.~ e t a c hhe printed Audit Lo g Report an d press "NO" option;

The Statistical Report, T ransn ~issio n eport and Audit Log Report shall beplaced in the envelope where the Initialization Re port was placed;

8

1The PCOS shall automatically create back-up of files;

IAfter p rinting th e remaining 22 copies of ER, th e mem bers of th e BE1 shallaffix their signatures and thumb marks on the 22 printed ERs and ask thewatchlers presen t t o affix their signatures on th e printed election returns;,

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44) Print Statistical Report and Audit Log Report by following steps (4) (i) to

(vii);

45) Create baclrup of files by following the steps below:

i) From the Main Menu, press "BACK-UPAND PROTECT" option;

ii) The PCOS will display a message "ARE YOU SURE YOU WANT TOBACK-UP DATA AND WRITE PROTECT BACK-UP CARD" with "YES"and "NOJ' options. Select "YES" option;

iii) The PCOS will display a message "BACKING UP ELECTION DATA.PLEASE WAIT..."Wait until the message "BACKUP SUCCESSFUL" isdisplayed;

. iv) The PCOS will display a message "WRITE PROTECTING RESULTSPLEASE WAIT..." Wait until the message "WRITE PROTECTSUCCESSFUL" The PCOS will automatically return to Main Menu.

1) Select "SHUTDOWN" option;

m) The PCOS will display a message "ARE YOU CERTAIN YOU WANT TO

SHUTDOWN THIS PCOS?";

n) Select "YESJ'. The PCOS will display a message "SHUTTING DOWN";

o) Wait until the light of the screen turns off. The PCOS will automatically shut

down;

p) Disconnect the power adaptor to the PCOS AC power port (2 0 VAC);

q) DisconneCt the battery from the PCOS;

r) Remove. the main and backup memory cards from their respectivecompartments;

s) Place the main memory card in its corresponding envelope. The envelope shallbe submitted to the SBOC;

t) Record the serial number of the seal in OVF No. 11;

u) Return the backup memory card into its original resealable plastic bag;

v) Collect the PINs from the SBEI members and return to its original resealableplastic bag.

w) Retrieve th e Election Materials box the resealable plastic bag for next mainand backup memory cards, iButtons and PINs;

ix) Open both memory card compartments, and insert the main and backup

memory cards in their corresponding compartments and slots.

y) Repeat from step (3) of Close Voting (paragraph k) up to the immediately

preceding step until all memory cards have been closed.

.z) Memory cards which have not been used for voting shall have to undergoOPEN VOTING procedure before they can undergo CLOSE VOTINGprocedure.

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Unless otherwise ordere d by the Com mission, th e SBEI shall not stop orpostpone the counting until it has been com pleted;

In case a PCOS fails t o coun t the vote or p rint th e results, the IT capableSBEI member shall announce the error and undertake the necessarycorrective measures. Should the IT capable SBEI member is unable tocorrect the error, he shall call on the Technical Suppurt p ersonnel assignedto th e Voting C enter for assistance. Such fact shall be noted in the OAVNo. 11.

ARTICLE IX' POST-COUNTINGPROCEDURES

Sec. 50 . sfi utt ing down and disposition of the PCOS machines.- Afterprinting all reports: th e PCOS shall automatically display the M ain M enu.

IThe certified IT capable m emb er of the SBEI shall perform the following:

a) Press the' "SHUT DOWN" option. The PCOS will display the message "AREYOU C E R T ~ N OU WANT TO SHUT DOWN THE PCOS?";

b) Select "YESJ'option. Wait until the light of the screen turn s of f;

c) Disconnedt the b attery from the PCOS;

d) Disconnect the b attery cable from the battery;

e) Disconnect the power cable of the PCOS mac hine from t he e lectrical outlet;!

f) Disconnect the power cable from the PCOS mach ine;

g) Remove the PCOS from th e top of the ballot box;

h) Place the PCOS machine and its power cable inside th e PCOS box;

i) Place the tjattery and its power cable inside the ba ttery box;

j) Turn over'the PCOS box, battery box, Election Materials box, Ballot Receptacleand ballot box to the SBRCG.

Sec. 51.Di$position of Unused Ballots. -To dispose th e unuse d ballots, theSBEI shall perform the following:

a) Remove the tape of the Ballot Receptacle and w ithdraw therefrom the unusedballots;

1b) Accom plish Part I11 of OVF No. 11;

ic) Tear the un used ballots in half lengthwise and accomplish P art 1II.C of theOVF No. 11; i

d) Place one'half in the envelope (OVF No.16),

for subm ission to t he SBRCG forsafe1teeping;tand

' e) Place the other half in another envelope ( O w o. 161, for deposit inside the

ballot box. 1b$ :

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Set. 52. ~bcurnents/election o m to be deposited inside the ballotbox. -After the printing of election returns a nd transmitting t he results, the SBEI shall:

a) Deposit inside the ballot box, the sealed envelopes containing th e:

1) Copy of printed ER intended for the ballot box;e

2) OVF No. 11 copy for the b allot box;

3) Half of torn un used b allots; and

4) Rejected ballots, if any.

b) Close thd ballot box; seal the cover with four (4 ) serially numbered plastic

security seal; an dI

c) Close ballot box slit using its sliding cover, seal, it with serially numberedplastic security seal an d record the serial num ber in Part I11 of OVF No. 11.

Sec. 53. ~ocuments/electionsorms to be deposited inside the BallotReceptacle.- The following shall be d eposited inside th e Ballot Receptacle:

b) ~ n v e l o ~ e~ 1 ~ )ontaining th e othe r half of torn uilused official ballots;

c) L ist of ~ o i e r sllowed to vote, if any, after 7:00 o'clock in th e ev ening of May13, 2013; 1

f

d ) ~ n v e l o ~ e c o n t a i n i n ~he Back-up Memory card, Initialization Rep ort, PrecinctAudit Log Re port an d Precinct Statistics Report;

e) Other copies of the election returns which are not claimed by therepresentative of the parties concerned ; an d

f) Other pertinent pap ers and docum ents.!

The SBEI shall seal the cover of the Ballot Receptacle again with masking tapeand affix thdir signatures thereon;

Sec.54.

~ i s ~ o s i t i o nf ballot boxes, kegs , election returns and otherdocurnens. - The SBEI, accompanied by the watchers if any, shall submit to theSBRCG the following:

a)'Ballot box;\

In case the cover of the ballot box delivered by the SBEI is not sealed, theSBRCG shall seal th e sam e. The SBRCG shall include such fa ct, including th eserial numb er of the serially numbered plastic security seal used in sealing th eballot bo t slit, in their report to the Commission.

b) OVF NO.?-A;

c) Envelope (A il) containing OVF No. 11copy for the Comm ission;

d) The envelopes containing copies of the election returns intended for theComm ission: and

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e) Envelopes containing the main mem ory cards.Thereafter, the SBEI shall require the SBRCG to acknowledge receipt

using the logbook maintained for the purpose. The SBRCG, in tur n shall:

a) Ensure tha t the b allot boxes ar e properly sealed an d th e Ballot Receptacles arelikewise properly sealed; and e

b) Keep th e ballot box es and Ballot Receptacles in a secure d place for safekeepinguntil further instructions from th e Com mission.

Sec. 55. Distribution of Election Returns. - After the printing of theelection returns, tlie SBEI shall individually fold the first eight (8) copies of electionreturns, seal each of them with serially numbered paper seals, place in the envelope(A17), and seal the tnvelopes, for distribution to t he following:

?

In the election of sena tors an d party-list system:4

a) Special B6ard of Canvassers;

C)Citizens arm authorized by the Commission to conduct a n unofficial count;I

d) Dominant majority party as determined by the Commission in accordancewith law;

ie ) ~ o m i n a n iminority party as determined by the Commission in accordancewith law;

f ) Ballot box:

g) Ten (lo) kccredited major national parties, excluding the dominant majorityand minority parties, in accordance with a voluntary agreemen t am ong them. If

no such agreemen t is reached, the Commission shall decide which parties shallreceive the copies on th e basis of th e criteria provided in Section 26 of RepublicAct No. 7166';

h) Two (2): ccredited major local parties in accordance with a voluntary

agreement among them. If no such agreem ent is reached, th e C ommission shalldecide which parties sh all receive th e copies on th e basis of criteria analogou s tothat provided in Section 26 of Republic Act No. 7166; (Not applicable t o overseasvoting) ;

i) Four (4) inational broadcast or print media entities as may be equitablydetermined by the Commission in view of propagating th e copies to th e widestextent;

j) TW O 2) local broadcast or print media entities as may b e equ itably determinedby the Commission in view of propagating the copies to the widest extentpossible; ,

k) Four (4) major citizens arms, including the accredited citizens arm, and othernon-partisan groups or organizations enlisted by the Commission pursuant to

.Section 52(k) of Batas Pambansa Blg. 881. Such citizens' arms, groups andorganizations may use th e four certified copies of election retu rns for th e conductof citizens' quick coun ts at the local or national levels; an d

1 'I!]

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1) One (I) to be posted conspicuously on a wall within t he premises of the pollingplace or coun ting center.

Sec. 56 . Preservation of the list of voters. - The SBRCG shall lzeep theOVF Nos. 2 and 2-A n a safe place until such time that the Commission givesinstructions on th eir disposition. *

Set. 57. Omission or erroneous inclusion of documents in ballot box. -If after sealing the ballot box, the SBEI discovers that some documents or articlesrequired to be placed in the ballot box were not placed therein, the SBEI, instead ofopening it to place therein said documents or articles, shall deliver the same to theSBRCG. The SBRCG shall take appropriate measures to presewe the integrity of thedocuments. I

In no instance shall the ballot box be reopened to place therein or to take outthere from any do cument o r article except in proper cases an dt w it h prior writtenauthority of th e Comm ission to retrieve copies of the election retur ns w hich may b e usedin a canvass as authorized by the Commission. In such instance, the members of theSBEI and the watchers shall be notified of the time and place of the opening of saidballot box. However, if there are other authen tic copies of th e election re tur ns ou tside ofthe ballot box, such copies of the election returns shall be used in said can vass and theopening of the ballot box to retrieve copies of the election re tur ns placed there in shallthen be dispensed with.

Sec. 58. Special procedures. - The express provisions of this Resolution

notwithstanding, the Comm ission may, in exceptional cases, ad op t special proced ures inthe voting, countibg, transmission and consolidation of results, storage, custody,distribution an d retrieval of forms a nd paraph ernalia to fulfill its cons titution al mand ateto en sure free, orderly, hone st, peaceful and credible elections.

t

ARTICLEX

VOTINGBYSEAFARERSSec. 59. Procedures. - The following voting procedures for se afarers shall be

obse~ved:i

1) Durin'g the voting period, seafarers may vote at any Post adopting

automated voting;

2) The Post shall assign a specific SBEI to con duct th e voting for seafarers inaddition to its regular land-based voters. For this pu rpose, said SBEI shallmanage two (2 ) OVFNo. 2B;

3) COV shall give each Post a soft copy of the CLOV and OVF No. 2A fo rseafarers;

4) For purpo ses of monitoring an d recording:

The SBEI shall, at the e nd of each voting day:

4.1) Prepare a list of the n ame s of the sea farers who cast the ir votes;and

4.2) E-mail th e sam e to COV;,-

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5) The COV shall, on a daily basis:

5.1) Update its file on seafarers who already voted: a nd

5.2) E-mail the updates t o all Posts;

6) The Posts upon receipt of the updates from th e COV, indicate opposite th enames of the seafarers in the O W No. 2A the date and place where hevoted.

ARTICLE XI:

ELECTION OFFENSES/PROHIBITEDACTS

Sec. 60 .Election Offenses/Prohibited acts . -A. Under Sec. 261 of B.P. 881:

I ,

1) Vote-buying and vote-selling. - Any person who gives, offers or promisesmoney or anything of value, gives or promises any office or employment,franchise o r-g ran t, public or private, or malzes or offers to make an e xpen diture,directly or indirectly, or cause an expenditure to be made to any person,association, corporation, entity, or community in order to induce anyone or thepublic in general to vote for or against any candidate or withhold his vote in theelection, or to vote for or against any aspirant for th e nom ination or choice of acandidate in a convention o r similar selection process of a political party.

2) Any person, association, corporation, group or community who solicits orreceives, directly or indirectly, any expenditure or promise of any office oremployment, public o r private, for any of th e foregoing co nsiderations.

3) Conspiruby to bribe voters. - Two or more persons, whether candidates or not,who come to an agreement concerning the commission of any violation ofparagraph (a) of this section and decide to commit it.

4) Wagering upon result of election. - Any person w ho bets o r wagers upon theoutcome of, lor any contingency connected with a n election. Any mon ey or thingof value or deposit of money or thing of value situated anywhere in thePhilippines b ut as such bet or wager shall be forfeited to the government.

5) Coercion of subordinates. - 1) Any public officer, or any officer of a ny pub licor private corporation or association, or any head, superior, or administrator ofany religious organization, or any employer or land-owner who coerces orintimidates or compels, or in any m ann er influence, directly or indirectly, any ofhis subordinates or members or parishioners or employees or house helpers,tenan ts, overseers, farm helpers, tillers, or lease holders t o aid, campa ign o r votefor or against any candidate o r any aspirant for the n omination or selection ofcandidates.

6) Any public officer or any officer of any commercial, industrial, agricultural,economic or social enterprise or public or private corporation or association, orany head, superior or administrator of any religious organization, or anyemployer or landowner who dismisses or threatens to dismiss, punishes orthreatens to punish be reducing his salary, wage or compensation, or bydemotion, transfer, suspension, separation, excommunication, ejectment, orcausing him annoyance in th e performance of his job or in his mem bership, anysubordinate member or affiliate, parishioner, employee or house helper, tenant,overseer, farm h elper, tiller, o r lease holder, for disobeying o r n ot complying with

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any of the acts ordered by the former to aid, campaign or vote for or against any

candidate, or any aspirant fo r the nom ination or selection of candidates.

7 ) Thl~eats,ntimidation, terrorism, use offrau du len t device or other form s ofcoercion. - Any person who, directly or indirectly, threatens, intimidates oractually causes, inflicts or produces any violence, injury, punishment, damage,loss or disa,dvantage upon any person or persons or th at of the imm ediatemembers of,his family, his honor or property, or uses any'fraudulent device orscheme to com pel o r induce the registration or refraining from registration of anyvoter, or the participation in a campaign or refraining or desistance from anycampaign, o r the casting of any vote or omission to vote, or any prom ise of suchregistration,'cam paign , vote, or omission therefrom.

8 ) Coercion!of election o flcia ls and employees. - Any person who, directly orindirectly, threatens, intimidates, terrorizes or coerces any election official oremployee inithe performan ce of his election functions or duties.

9) Appointrfient of new employees, creation of new position, promotion, orgiving salary increases. - During the period of forty-five days before a regularelection and thirty days before a special election, (1) any head, official orappointing bfficer of a government office, agency or instrumentality, whethernational or local, including government-owned or controlled corporations, whoappoints or h ires an y new employee, whether provisional, temporary or casual, orcreates and fills any new position, except upon prior authority of theCommission. The Comm ission shall not grant the authority sought unless, it issatisfied tha t the position t o be filled is essential to the proper functioning of theoffice or agehcy concerned, and that the position shall not be filled in a mannerthat may influence the election.

a) ~ s l a nxception t o the foregoing provisions, a new employee may beappointed in case of urgent need: Provided, however, That notice of theappointment shall be given to the Commission within thre e days from thedate of the appointment. Any appointment or hiring in violation of thisprovikion shall be nu ll and void.

!

b) b y overnment official who promotes, or gives any increase of salaryor remuneration or privilege to any government official or employee,including tho se in government-ow ned or controlled corpo rations.

lo ) ~ r a n s f e j f oflc ers and employees in th e civil service. - Any public official

who maltes yr causes any transfer or detail whatever of an y officer or employee inthe civil service including public school teachers, within the election periodexcept upo n prio r approval of the C omm ission.

11) Intervention of public ofSicers and employees. - Any officer or em ployee in

the civil se$ce, excep t thos e holding political offices; any officer, emp loyee, ormember or the Armed Forces of the Philippines, or any police force, specialforces, home defense forces, barangay self-defense units and all other para-military unit? tha t now ex ist or which may hereafter be organized who, directly orindirectly, intervenes in any election campaign or engages in any partisanpolitical actitity, except to vote or to preserve public order, if he is a peace officer.

12) Undue inyuence. - It is unlawful for any person to promise any office or

employment, public or private, or to malze or offer to make an expenditure,directly or indirectly, or to cause an expenditure to be made to any person,.association, corporation or entity, which may induce anyone or the public ingeneral either to v ote or w ithhold his vote, or to vote for o r against any cand idatein any election or any aspirant for the nomination or selection of an official

v d

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!candidate in a convention of a political party. It is likewise unlawful for anyperson, association, corporation or community, to solicit or receive, directly orindirectly, ahy expenditure or promise or any office, or employment, public orprivate, for any of th e foregoing considerations.

13) Unlawfill electioneering. - It is unlawful to solicit votes or undertake anypropaganda on t he d ay of registration before the board of election inspectors andon the day of election, for or against any candidate or any political party withinthe polling place and w ith a radiu s of thirty m eters thereof.

14) Prohibition ag ain st dismissal of employees, laborers, o r tenants. - Noen~ployeeor laborer shall be dismissed, nor a tenant be ejected from hislandholdings fo r refusing or failing to vote for any cand idate of his employer orlandowner. Any employee, laborer or tenant so dismissed or ejected shall bereinstated a hd t he salary or wage of the employee or laborer, or the sh are of theharvest of tlie tenan t, sha ll be restored to th e aggrieved party upo n application tothe proper court.

8 I I

15)App ointme nt or use of special policemen, special agents, confidential a gen tsor the like. JDu ring t he campaign period, on the day before and o n election day,any appointing authority who ap points or any person wh o utilizes the services ofspecial policemen, special agents, confidential agents or persons performingsimilar fundtions; persons previously appointed as special policemen, specialagents, confidential ag ents or persons performing similar functiolts wh o continueacting as suCh, an d those who fail to tu rn over their firearm s, uniform s, insigniasand other badges of authority to th e proper officer who issued th e sam e.

At the start1 of the aforementioned period, the barangay chairm an, municipalmayor, city inayor, provincial governor, or any app ointing au thori ty shall sub mitto the Commission a complete list of all special policemen, special agents,confidential 'agents or persons performing similar functions in th e emp loy of theirrespective political subdivisions, with such particulars as the Commission mayrequire. !

16) Illegal $elease of priso ners before an d ajle r election. - The Director of theBureau of ~i isons,ny provincial warden, th e keeper of the jail or th e person o rperson s reqtiired by law to keep prisoners in th eir custody wh o illegally orders orallows an y J$isoner deta ined in the national penitentiary , or the provin cial, cityor municipal jail to leave the premises thereof sixty days before and thirty daysafter the election. The municipal or city warden, the provincial warden, the

keeper of th'e jail or th e person or persons required by law to keep priso ners intheir custody shall post in thre e conspicuous public places a list of the priso nersor detentionnprisoners under their case. Detention prisoners must be categorizedas such.

17) Use of publicfind s, money depo sited in trust, equipment, facilities owned o rcontrolled bb the governm ent for a n election campaign. - Any person who usesunder any h i s e whatsoever, directly or indirectly, I) public funds or moneydeposited with, or h eld in trust by, public financing institutions o r by governmentoffices, banks , or agencies; 2) any printing press, radio, or television station oraudio-visual, equ ipm ent op erated by th e Gov ernment o r by its divisions, sub-divisions, agencies or instrumentalities, including government-owned orcontrolled corporations, or by the Armed Forces of the Philippines; or 3) an y

equipm ent, \veh icle, facility, appara tus, o r paraphe rnalia owned by th egovernment or by its political subdivisions, agencies including government-.owned or controlled corporations, or by the Armed Forces of the Philippines forany election campaign or for an y partisan political activity.

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18) Deadly heapons. - Any person who carries any deadly weapon in th e polling

place and within a radius of one hundred meters thereof during the days andhou rs fmed ;by law for th e registration of voters in t he polling place, voting,counting of votes, or preparation of the election returns. However, in cases ofaffray, turm oil, o r diso rder, an y peace officer or public officer autho rized by theComm ission to supervise th e election is entitled to carry firearms o r any otherweapon for the pu rpose of preserving order a nd enforcing the law.

*

ig) Carrying f irearm s outside residence or place of business. - Any person who,although possessing a permit to carry firearms, carries an y firearms outside hisresidence or place of business during the election period, unless authorized inwriting by the Comm ission: Provided, That a motor vehicle, water o r air craftshall not be con sidered a residence or place of business o r extension hereof. Thisprohibition shall not apply to cashiers and disbursing officers while in theperformance of their duties or to persons who by nature of their official duties,profession, business or occupation habitually carry large sums of money orvaluables. L

I ,

20) Use of arm or ed land, wa ter o r air crafi. - Any person who uses du ring thecampaign period, on th e day before and on election day, any arm ored land, w ateror air craft, provided with any temporary or permanent equipment or any otherdevice or cohtraption for t he mounting or installation of cannons, m achine gunsand other siinilar high caliber firearms, including military type tank s, half trucks,scout truck s) arm ored tru cks, of any make or model, whethe r new, reconditioned,rebuilt or remodelled: Provided, That banking or financial institutions and allbusiness firms may use not more than two armored vehicles strictly for, andlimited to, the purpose of transporting cash, gold bullion or o ther valuables in

connection with their business from a nd to their place of business, upon previousauthority of the Com mission.

21) Wearing of uniforms a n d bearing arms. - During the cam paign period, onthe day before and o n election day, any member of security or police organizationof governme nt agenc ies, comm issions, councils, burea us, offices, or gov ernment-owned or dontrolled corporations, or privately-owned or operated security,investigative, protective o r intelligence agencies, who w ears h is uniform or useshis insignia,;decorations o r regalia, or bears arms outside the imm ediate vicinityof his place'of work: Provided, That this prohibition shall not apply when saidmem ber is in pursuit of a person who has com mitted or is comm itting a crime inthe premise$ he is guarding; or when escorting or providing security for thetransport of payrolls, deposits, or other valuables; or when guarding the

residence oflprivate persons or when guarding private residences, buildings oroffices: Provided, further, That in the last case prior written approval of theCommission'shall be obtained. The Commission shall decide all applications forauthority untler this p aragraph within fifteen days from the date of th e filing ofsuch application.

During the kame period, and ending thirty days thereafter any member of theArmed Forces of the Philippines, special forces, home defense forces, barangayself-defense units and all other para-military units that now exist or which mayhereafter be,org anized who wears his uniform or bears arms outside the camp,garrison or Barracks to which he is assigned or detailed or outside their homes, incase of mem bers of para-military units, unless I) the President of the Philippinesshall have given previous au thority therefor, an d the C omm ission notified thereof

j11 writing, o t 2) the Comm ission authorizes him to do so, which authority it shallgive only when necessary to assist it in maintaining free, orderly and honest.elections, and only after notice and hearing. All personnel of the Armed Forcesauthorized l5y the President or the Commission to bear arms or wear theiruniforms outside their camps and all police and peace officers shall bear their

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true n ame, ran k and serial numb er, if any, stitched in block letters on a whitebackground on the left breast of their uniform, in letters an d nu mbe rs of a clearlylegible design a t least two centim eters tall, which shall a t all time s rem ain visiblea id uncovered.

During the election period, whenever the Commission finds it necessary for thepromotion of free, orderly, ho nes t an d peaceful elections in a specific area , it shallconfiscate or o rder th e confiscation of firearms of any meml5er or m emb ers of th eArmed Forces of the Philippines, police forces, home defense forces, barangayself-defense units, a nd all oth er para-military units th at now exist, or which mayhereafter be organized, or any member or members of the security or policeorganization, government ministries, commissions, councils, bureaus, offices,instrumentalities, or government-owned or controlled corporations and othersubsidiaries, or of any member or members of privately owned or operatedsecurity, investigative, protective or intelligence agencies performing identical orsimilar functions.

22) Policemen an d provincial g uards acting as bodyguards br security guards. -During the campaign period, on th e day before an d on election day, any m emberof the city of municipal po lice force, any provincial or sub-provincial g uard, anymember of the Armed Forces of the Philippines, special forces, home defenseforces, barangay self-defense units and all other para-military units that nowexist or which may hereafter be organized who acts as bodyguard or securityguard of any public official, candidate or any other person, and any of the latterwho utilizestthe services of the form er as bodyguard o r security guard : Provided,That, after du e notice an d hearing, when th e life and security of a candid ate is injeopardy, th e C ommission is empowered to assign at the candid ate's choice, any

member of the Philippine Constabulary or the police force of any municipalitywithin the province to act as his bodyguard or security guard in a nu mbe r to bedetermined by the Commission but not to exceed three per candidate: Provided,however, That when the circ~ ~m stan ces equire immediate action, theCommission' may issu e a tem porary order allowing the assignment of anymember of 'the Philippine Constabulary or the local police force to act asbodyguard br security guard of the candidate, subject to confirmation orrevocation. '

23) Organ ization or maintena nce of reaction forces, strike forces, or othersimilar forces. - Any person who organizes or maintains a reaction force, strikeforce or.simi!ar force du ring th e election period.The heads df all reaction forces, strike forces, or similar forces shall, not later

than forty-five days before t he election, subm it to the Commission a com plete listof all membdrs thereof with such particulars a s the c omm ission may require.

24)Prohibition ag ainst release, disbu rsement or ex penditure of public funds.

Any public 'official or employee including barangay officials an d thos e ofgovernmentiowned or controlled corporations and their subsidiaries, who,during forty-five days before a regular election and thirty days before a specialelection, releases, disburses o r expends any public funds for:

a)Any and all lzinds of public works, except th e following:

I

i) Maintenance of existing and /or completed pub lic wo rls project:: Provided, Th at not mo re than the average nu mbe r of laborers or'employees already employed therein du ring the six-month periodimmediately prior to the beginning of the forty-five day periodbefore election day shall be permitted to work during such time:Provided, further, That no add itional laborers shall be employed for

' main tenance w ork within the said period of forty-five days;

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ii) Work undertalcen by contract through public bidding held, or bynegotiated co ntract aw arded, before the forty-five day period beforeelection: Provided, That work for the purpose of this sectionundertaken under the so-called "talay" or "paquiao" system shallnot b e considered as work by contract;

iii) Paym ent for the usua l cost of pre paration fAr worlting draw ings,specifications, bills of materials, estimates, and other procedurespreparatory to actual construction including the purchase ofmaterials and equipment, and all incidental expenses for wages ofwatchmen and other laborers employed for such work in the ce ntraloffice and field storeho uses before the beginning of such period:

Provided, That the number of such laborers shall not be increasedover the number hired when the project or projects werecommenced; and

4 ,

jv) Em ergency work necessitated by th e occurrenc e of a publiccalamity, but such work shall be limited to the restoration of thedamag ed facility. No payment shall be m ade w ithin five days beforethe date of election to laborers who have rendered services inprojects or works except those falling un de r sub paragraphs a), b),c), and d) , of this paragraph .

This prohibition shall not apply to ongoing public works projectscommenced before the campaign period or similar projects und er foreign

agreements. For purposes of this provision, it shall be the duty of thegovernment officials or agencies concerned to report to th e Co mmissionthe list of all such projects being undertalzen by them .b) The M inistry of Social Services and Develop ment and any oth er office inother m inistries of the government performing fun ctions similar to saidministry, except for salaries of personnel, and for such other ro utine an dnormal expenses, and for such other expenses as the Commission mayauthorize after due notice and hearing. Should a calamity or disasteroccur, all releases normally or usually coursed th roug h th e said ministriesand offices of other m inistries shall be turne d over to, an d adm inisteredand disbursed by, the Philippine National Red Cross, subject to thesupervision of the Commission on Audit or its representatives, and nocandidate or his o r her spouse or member of his family within th e secondcivil degree of affinity or consanguinity shall participate, directly orindirectly, in th e distribution of any relief o r othe r goods to th e victims ofthe calamity or disaster; and

c) The Ministry of Human Settlements and any other office in any otherministry of th e government performing fun ctions similar to sa id ministry,except for salaries of personnel and for such other necessaryadministrative or other expenses as the Com mission may au thorize afterdue notice and hearing.

25) Prohibition a ga ins t construction of public works, delivery of materials for

public w0rk.k and issuance of treasury wa rran ts an d similar devices. - Duringthe period of forty-five days preceding a regular e lection and thirty d ays before aspecial election, any person who a) undertakes the construction of any publicworks, except for projects or works exempted in th e preceding p aragraph; or b)

a issues, uses or avails of treasury warrants or any device undertaking futuredelivery of mo ney, goods or o ther things of value chargeab le against public funds.

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26) Suspension of elective provincial, city, municipal or ba ran gay ofJicer. - Theprovisions of law to the contrary notwithstanding du ring th e election period, anypublic official who suspends, without prior approval of the Commission, anyelective provincial, city, municipal or barangay officer, unless said suspensionwill be for purposes of applying the "Anti-Graft and Corrupt Practices Act" inrelation to the suspension and removal of elective officials; in which case theprovisions of this section shall be inapplicable. *27) On voting:

a) Any person who votes more than once in the sam e election, or who, notbeing a registered vo ter, votes in an election.

b) Any person who votes in substitution for another whether with orwithout th e latter's knowledge and/or consent.

c) Any person who, not being illiterate or physically disabled, allows hisball06 to be prepared by ano ther or a ny person w ho prep ares th e ballot ofanotHer who is not illiterate or physically disa bled, (with or w ithout t helatterfsknowledge and /or consen t.

d) Any person who avails himself of any m eans of schem e to d iscover theconten ts of the ballot of a voter who is preparing or ca sting his vote or whohas just voted.

e) Any voter who, in the course of voting, uses a ballot o ther th an the o negiven by the board of election inspectors or has in his possession moretha n o ne official ballot.

f) Any person who places under arre st or d etains a voter without lawfulcause' or molests him in such a m anner a s to obstruct or preven t him from1going.to the polling place to cast his vote or from returning home aftercasting his vote, or to compel him to reveal how he voted.

g) An$mem ber of the bo ard of election inspectors charge d with th e duty ofreading the ballot during the counting of votes who deliberately omits toread the vote duly written on the ballot, or misreads the vote actuallywritteh thereon or reads the n ame of a candidate where no nam e is writtenon th e ballot.

h) Any member of the board of election inspectors charged with the duty

of tallying th e votes in th e tally board o r sheet, election return s o r otherprescribed form who deliberately fails to record a vote therein or recordserroneously the votes as read, or records a vote where no such vote hasbeen read by the chairman.

i) ~ n $ember of a board of election inspecto rs who ha s made po ssible th ecasting of mo re votes tha n there are registered v oters.

j) ~ n 3erson who, for the purpose of disrupting or obstructing theelection process or causing confusion among the voters, propagates falseand alarming reports or information or transmits or circulates falseorderi, directives or messages regarding any matter relating to theprinting of official ballots, theg os tpo ne m en t of the election, the transfe r of

polling place or the gen eral conduct of th e election.

k) person who, without legal authority, destroys, substitutes or talresaway from the possession of those having legal custody thereof, or fromthe place where they are legally deposited, an y election form or documen t

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or ballot box which con tains official ballots or o ther do cum ents used in the

election.1) Any person having legal custody of the ba llot box containing th e officialballots used in th e election who opens or destroys said box o r removes ordestrbys its contents without or against the order of the Comm ission orwho, khrough his negligence, enables any person to commit any of theaforemen tioned acts, or takes away said ballot box from his custody .m) Any member of the board of election inspectors who knowingly usesballois other tha n th e official ballots, except in thos e c ases wh ere th e use ofemergency ballots is authorized.

n) Any public officialwho neglects or fails to prop erly preserve o r accountfor any ballot box, documents and forms received by him and k ept underhis custody.

o) ,lny person who reveals the contents of the ballot of an illiterate ordisabjed voter whom he assisted in preparing a ballot. I

p) Any person who, without authority, transfers the location of a pollingplace!

q) Arjy person w ho, without authority, prints o r causes the p rinting of anyballot or election returns that a ppears as official ballots or election return sor who distributes or causes the same to be distributed for use in theelectibn, whether or not they are actually used.

Ir) Any person who, without authority, lzeeps, uses o r carries o ut o r causesto bejltept, used or carried out, any official ballot or election returns orprinted proof thereof, type-form mould, electro-type printing plates andany other plate, numbering machines and other printing paraphernaliabeing! used in connection with the printing of official ballots or electionreturhs.

s) Any official or employee of any printing establishment or of theCommission or any member of the committee in charge of the printing ofofficial ballots o r election retu rns who causes official ballots or electionreturhs to be printed in quantities exceeding those authorized by theCommission or who distributes, delivers, or in any manner disposes of orcauses to be distributed, delivered, or disposed of, any official ballot or

electibn return s to any person or persons not authorized by law or by theCommission to receive or keep official ballots or election returns or whosen ds or causes them to be se nt to any place not designated by law or bythe Commission.

t) Any person who, through an y act, means or device, violates th e integrityof a n3 official ballot or election returns b efore or afte r they a re use d in theelectibn.

u) Ar;y person who removes, tears, defaces or destroys any certified list ofcandiilates posted inside the voting booths during t he hou rs of voting.

v) Any person who holds or causes the holding of an election on any other

day than that fixed by law or by the Commission, or stops any electionbeing'legally held.w) Any person who d eliberately blurs his fingerp rint in t he voting record.

28) On Canvassing:

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a) Any ch airman of the b oard of canvassers who fails to give due notice ofthe date, time and place of the meeting of said board to the candidates,political parties a nd/o r members of the board.

b) Any mem ber of the board of canvassers who proceeds w ith th e canvassof the votes and /or proclamation of any candidate which was suspen ded o rannuned by the Commission. *

C)Any member of the board of canvassers who proceeds with the canvassof votes and/or proclamation of any candidate in the absence of quorum,or w ithout giving due notice of the date, time an d place of the meeting ofthe board to the candidates, political parties, and/o r other m embers of th eboard.

d) Any member of the board of canvassers who, without authority of theCommission, uses in the canvass of votes and/or proclamation of anycandidate any document other than the ofljcial copy of the electionreturhs.

I

29) Comm on to all board s of election inspectors a nd boards of canvassers:

a) Any mem ber of any board of election inspecto rs or board of canvasserswho deliberately absents himself from the meetings of said body for thepurpose of obstructing or delaying the performance of its duties orfunctions.

b) An'y me mbe r of any board of election inspectors or bo ard of cailvasserswho, !without justifiable reason, refuses t o sign an d certify any electionform kequired by this Code or prescribed by the Commission although hewas p i-esent during t he meeting of the s aid body.

C) Any person who, being ineligible for a ppo intm ent as m emb er of an yboard of election inspectors or board of canvassers, accepts anappo intmen t to said body, assumes office, and actually serves as a m emberthereof, or any of public officer or any person acting in his behalf whoapp oih ts such ineligible person ltnowing him to b e ineligible.

d) Any person who, in the presence o r within th e hearing of any board ofelectidn inspectors or board of canvassers during any of its meetings,

conddcts himself in such a disorderly man ner a s to interru pt or disrup t thework br proceedings to the end of preventing said body from performingits furictions, either partly or totally.

e) Any public official or person acting in his behalf who relieves anymem ber of an y board of election inspectors or board of canvassers or whochanges or causes the change of the assignments of an y mem ber of saidboard: of election inspec tors or board of canvassers without auth ority ofthe Cdmmission.

30) On candidacy and campaign:

a) ~ n )olitical party which holds political conventions or meetings to

nom inate its official cand idates earlier th at th e period fixed in this Code.

b) Any person who abstracts, destroys or cancels any certificate ofcandidacy duly filed and which has no t been cancelled upon order of theCommission.

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C)~ n )erson who misleads the board of election inspectors by submittingany false or spurious certificate of candidacy or document to the prejudiceof a candidate.

d) Any person who, being authorized to receive certificates of candidacy,receives any certificate of candidacy outside the period for filing the sameand makes it appear that said certificate of candidacy'was filed on time; orany person who, by means of fraud, threat, intimidation, terrorism orcoercion, causes or compels the commission of said act.

e) Any person who, by any device or means, jams, obstructs or interfereswith a radio or television broadcast of any lawful political program.

f )An3 person who solicits votes or undertakes any propaganda, on the day

of election, for or against any candidate or any political party within thepolling place or within a radius of thirty meters thereof.

i I31) Other prohibitions:

a) +y person who sells, furnishes, offers, buys, serves or takesintoxicating liquor on the days fixed by law for the registration of voters inthe pblling place, or on the day before the election or on election day:Provided, That hotels and other establishments duly certified by theMinistry of Tourism as tourist oriented and habitually in the business ofcateri'ng to foreign tourists may be exempted for justifiable reasons uponprior buthority of the Commission: Provided, further, That foreign touriststaking intoxicating liquor in said authorized hotels or establishments areexempted from the provisions of this subparagraph.

b) Any person who opens in any polling place or within a radius of thirtymeters thereof on election day and during the counting of votes, booths orstalls !of any kind for the sale, dispensing or display of wares, merchandiseor refteshments, whether solid or liquid, or for any other purposes.

iC)Any person who holds on election day, fairs, cockfights, boxing, horseraces,iljai-alaior any other similar sports.

d) Refusal to carry election mail matter. -Any certified IT capable memberof the SBEI or employee of a public utility or transportation company

operating under a certificate of public convenience, including government-owned or controlled postal service or its employees or deputized agentswho ?efuse to carry official election mail matters free of charge during theelection period. In addition to the penalty prescribed herein, such refusalshall bonstitute a ground for cancellation or revocation of certificate ofpublid convenience or franchise.

e) Prdhibition against discrimillation in the sale of air time. - Any personwho operates a radio or television station who without justifiable causediscriminates against any political party, coalition or aggroupment of

partie's or any candidate in the sale of air time. In addition to the penaltyprescribed herein, such refusal shall constitute a ground for cancellationor revocation of the franchise. .

B. Under R.A. Ibo. 9189, "Overseas Absentee Voting Act of 2003":

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1) For an y officer or em ployee of the Philippine governmen t to influence orattem pt t o influen ce any person covered by th e O verseas Absentee VotingAct of 20 03 to v ote or not to vote, for a particular candidate.

2) For any person to deprive any person of any rights secured unde r th eOverseas Absentee Voting Act of 2 003 , or to give false information as t ohis/her name, address, or period of residence for the purpose ofestablishing his/her eligibility or ineligibility to register or vote under theOverseas Absentee Voting Act of 2003; or to conspire w ith ano ther personfor tKe purpose of encouraging the giving of false information in order toestablish t he eligibility or ineligibility of any individual t o register or voteunde r t he Overseas Absentee Voting Act of 2003; or t o pay, or offer to pay,or toaccept payment either for applications to vote in absentia or forvoting.

3) For any person to tam per with the ballot, the m ail containing th e ballotsfor overseas absentee voters, the Overseas Absentee Voting Election~ e t u r n s ,ncluding the destruction, mutilation an d m anipulation thereof.

4) F ~ Cny person t o steal, destroy, conceal, mu tilate o r alter any record,document or paper as required for purposes of the Overseas Absenteevo tin g Act of 2003.

5) For any person w ho, being ineligible for appoin tmen t as mem ber of theSBRCG, accepts an appointment to said Group, assumes office, andactually serves as member thereof, or any public officer or any personacting in h is behalf who app oints such ineligible person knowing him t o beineligible.

6) Foi- any deputized ag ent to refuse without justifiable ground, to serve orcontinue serving, or t o comply with his/her sworn duties after acceptanceof his/her appointment.

7) Failure to th e Chairman of the SBEI to authenticate t he ballot;

8) Fo'r any public officer or employee who shall cause the preparation,printing, distribution of information m aterials, o r post th e sam e .inwebsikes wi tho ut prior approval of the Com mission.

g) For any public officer or employee to cause the transfer, promotion,

extension, recall of any member of the foreign service corps, includingmembers of attached agencies, or otherwise cause the movement of anysuch member from his/her current post or position on e (I) year before andthree (3) mo nths after the day of elections, without securing prior approvalof the'commission.

lo) For any person who, after being deputized by the Commission toundefake activities in connection with the implementation of theOverseas Absentee Voting Act of 2003, shall campaign for or assist, inwhatever mann er, candidates in the election;

11) FOP ny person who is not a citizen of the Philippines to participate, byw o r d or deed, directly or indirectly throug h qualified

organ'izations/associations, in any manner and at any stage of thePhilippine political process abroad, including participation in thecampaign an d elections.

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The provision of existing laws to th e con trary notwithstanding, an d withdue regard to the Principle of Double Criminality, the prohibited acts above are

electoral offenses an d punishable in the Ph ilippines

C. Under R.A. No. 9369,An Act Am ending R.A. 843 6, Authorizing the Commissionon Elections to us e Automated Election System:

I) Any person w ho remo ves the certificate of canvass postedron the wall, whetherwithin or after the prescribed forty-eight (48) hours of posting, or defaces thesame in any.m anner;

2) Any person who simulates an actual certificate of canvass or statement ofvotes, or a pfin t or digital copy thereof;

3) Any person who simulates the certification of a certificate of canvass or

statem ent of votes;t

4) The Chairman or any member of the Board of cpnvassers who, during theprescribed period of posting, removes th e certificate of canv ass or its supp ortingstatement of votes from th e wall on which they have been p osted other than forthe purpo se bf imm ediately transferrin g them to a mo re suitable place;

5) The Chairman or any member of the Board of canvassers who signs orauthenticates a print of the certificate of canvass or its supporting statement ofvotes outside of the can vassing area;

6) The Chairman or any member of the Board of canvassers who signs orauthenticate's a print which bears an image different from the certificate of

canvass or sta teme nt of votes produced after canvassing an d posted on the wall;and

7) Any perdon or member of the Board of Election Inspectors or Board ofCanvassers *ho tamp ers, increases or decreases the votes received by a candidatein any election or any m embe r of the Board who refuses, after proper v erificationand hearing,lto credit the correct votes or deduct such ta mp ered votes:

8) The act ok offense comm itted in an y of the following instances sh all fall underthe category of electoral sabotage:

!a) When th e tampering, increase and/or decrease of votes perpetrated orthe re'fusal to credit the correct votes or to deduct tampered votes, islarecom mitted in t he election of a national elective office which is voted up onnationwide and th e tampering, increase an d/o r decrease votes, refusal tocredir the correct votes or to deduct tam pered votes, shall adversely affectthe results of the election to the said national office to the extent thatlosing candidatels islare m ade to appear the winner/s;

b) Regardless of the elective office involved, when the ta mp ering, increaseand/dr decrease of votes committed or the refusal to credit the correctvotes o r to deduc t tampered votes perpetrated, is accomplished in a singleelection documen t or in the transposition of the figures/results from oneelection documen t to another and involved in th e said tamp ering increaseand /or decrease or refusal to credit correct votes or deduc t tampered votes

exceed five tho usa nd (5,00 0) votes,and

tha t th e sam e adversely affects thetru e results of the election; and

C) ~ n )nd all other forms or tampering increasels and/or decreasels ofvotes perpetuated o r in cases of refusal to credit the correc t votes or deduct

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\

1the tampered votes, where the total votes involved exceed ten thousand(10,ooo) votes.

Any and all other persons or individuals determined to be in conspiracy or inconnivance with th e mem bers of th e SBEIs or SBOCs involved, shall be m eted the sam epenalty of life imprison me nt.

Sec. 61. Penalties. - Any person found guilty of committing any of theprohibited acts enumerated in the immediately preceding article,*except as otherwiseprovided herein, sha ll be pun ished wit11 imp risonm ent of not less tha n on e(1) year butnot more than six (6) years and shall not be subject to p robation. In addition, the guiltyparty shall be sen tence d to suffer disqualification to hold p ublic office and deprivation ofthe right of suffrage.

iThe pena1ty:ofprision mayor in its minimum period shall be imposed upon any

person found guilq of tampering with the ballot, the mail containing the ballots for

overseas absentee $oters, th e Overseas Absentee Voting Election Re turns, including th edestruction, mutilation and manipulation thereof, without the benefit of the operationof the ~n de ter m ina te entence Law. If the offender is a publi officer or a candid ate, the

denalty shall be prision mayor in its maximum period. In ad ition, the offender shall besentenced to suffer perpetual disqualification to hold public office and deprivation ofhis/her right to votb.

The penalty'of imprisonm ent of not less than one year shall be imposed on anyimmigrant and pe rh an en t resident who does not resume residence in the Philippines asstipulated in hisjlier affidavit within three (3) years after the approval of hisjherregistration unde r the Overseas Absentee Voting Act of 2 003 and yet vo te in th e nextelections. In addition to the removal of hisjher name from the National Registry ofAbsentee Voters, hejshe shall be permanently disqualified to vote in absentia and

hisjh er passport sh all be stam ped "not allowed to vote".iWhen the tampering, increase or decrease of votes or the refusal to credit the

correct votes andJbr to deduct tampered votes are perpetrated on a large scale or insubstantial num befs, the sa me shall be considered, not as an ordinary election offenseunder Section 261 and/or 262 of the Omnibus Election Code, but a special electionoffense to be ltnown a s electoral sabotage and the penalty to b e im posed s hall be lifeimprisonment. 1

ARTICLE XI1

ROLE OF GOVERNMENTAGENCIES

Se c . 62. Assistaizce from government agencies. - a) All governmentoffices, particularly the Department of Foreign Affairs, Department of Labor &

Employment, Department of Transportation and Communications, Philippine PostalCorporation, Philippine O verseas Employ ment Adm inistration, Overseas Worlzer'sWelfare ~dmin is t ta t ion ,Commission on Overseas Filipinos, the Foreign ServiceInstitute, the Social Security System and o ther government agencies concerned with thewelfare of Filipino overseas shall, to the extent compatible with their primaryresponsibilities, assist and give the Commission the fullest support in theimp lementation of the O verseas Ab sentee Voting Act of 2003.b) The One Country Team Approach provided unde r R epublic Act No. 8 04 2 (MigrantWorlcers and Overieas Filipinos Act of 1995), as enu nciated u nd er Executive Order No.74, series of 1993, shall apply in th e implem entation of th e O verseas Absentee VotingAct of 2003 insofar as it does not conflict with the constitutional mandate of th e

Commission to h'ave exclusive charge of the enforcement, administration andimplementation of klections laws.

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Eeso 9658

Sec. 63. Access to oficial records and documents. - Subject to the

pertinent provisions of the Overseas Absentee Voting Act of 2003 and these Rules, any

person shall have the right to access and/or copy at his/her expense all registration

records, voters' lists and other official records and documents, subject to payment of

prescribed charges.

Sec. 64. security measures to safeguard the secrecy and sanctity ofthe ballots. - In the interest of transparency, all necessary and practicable measures

shall be adopted to allow representation of the candidates, accredited major political

parties, accredited. citizens' arms and non-government organizations to assist, and

observe in all stages of the electoral exercise to prevent any and all forms of fraud and

coercion and ensure free, honest, orderly peaceful and credible election.

Sec. 65.AIjplicability of other election laws.-The pertinent provisions of

the Omnibus Election Code, as amended and other election laws, which are not in

conflict with the prbvisions of the Overseas Absentee Voting Act of 2003 shall remain in

full force, and shall,have suppletory application of these Rules. ,

Sec. 66. Ehforcement and administration by the Commission. - The

Commission shall, for the purpose of ensuring honest, orderly, peaceful and free

elections abroad, ihave exclusive charge of the enforcement, administration and

implementation of the Overseas Absentee VotingAct of 2003.

Sec. 67. E'ectivity. - This General Instructions shall take effect on the

seventh (7th) day after its publication in two (2) daily newspapers of general circulation

in the Philippines. 1i

Sec. 68. db li ca ti on and Dissemination. - The Education and Information

Department shall cause the publication of this Resolution in two (2) daily newspapers of

general circulation in the Philippines and furnish a copy to the Department of Foreign

Affairs, ~e~artmeritf Labor and Employment, Department of Transportation and

Communications, Philippine Postal Corporation, Philippine Overseas Employment

Administration, Overseas Worker's Welfare Administration, Commission on Overseas

Filipinos, the Foreikn Service Institute, and other government agencies concerned with

the welfare of Filipinos overseas.

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