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Omnibus Election Code: Resolution No. 8678
Omnibus Election Code: Resolution No. 8678
8678
b) No person shall be eligible for more than one office to be filled in the same election. If
he files a certificate of candidacy for more than one office he shall not be eligible for
either. However, before the expiration of the pe riod for the filing of certificate of
candidacy, the person who has filed more than one certificate of candidacy may declare
under oath the office for which he desires to be eligible and cancel the certificate of
candidacy for the other office or office/s. Said declaration shall be filed personally or
through his duly authorized representative with the proper office in accordance with Sec.
3 hereof.
c) A person who has filed a certificate of candidacy may, prior to the election, withdraw
the same pursuant to Sec. 13 hereof.
d) The filing of a withdrawal of a certificate of candidacy shall not affect whatever civil,
criminal or administrative liabilities a candidate may have incurred.
Unless a candidate has officially changed his name through a court -approved
proceeding, a candidate shall use in a certificate of candidacy the name by which he has
been baptized or if he has not been baptized in any church or religion, the name
registered in the office of the local civil registrar or any other name under the provisions
of existing law or, in the case of a Muslim, his Hadji name after performing the
prescribed religious pilgrimage: provided, that when there are two or more candidates for
an office with the same name and surname, each candidate, upon being made aware of
such fact, shall state his paternal and maternal surname, except the incumbent who may
continue to use the name and surname stated in his certificate of candidacy when he was
elected.
The person filing the certificate of candidacy may include one nickname or stage name
by which he is generally or popularly known in the locality; Provided: That no candidate
shall use the nickname, stage name or initials of another. In case of several nicknames
or stage names, only the nickname or stage name first written shall be considered.
Titles, such as DON, DATU, DOCTOR, GINOO, or words of similar imports shall not be
allowed.
SEC. 3. Where to file certificate of candidacy . – The certificate of candidacy shall be filed
in FIVE (5) LEGIBLE COPIES with the offices of the Commission specified hereunder :
For Members of the House of Representatives for legislative districts in the National
Capital Region (NCR);
D. City Election Officer concerned designated for the purpose by the Regional
Election Director.
1) Members of the House of Representatives for legislative districts in cities outside the
NCR, which comprise one or more legislative districts;
2) For City Officials of cities with more than one election officer.
Copies of the designation of the Election Officer concerned shall imm ediately be
submitted to the Law Department of the Commission;
The certificate of candidacy shall be filed by the candidate personally or by his duly
authorized representative. No certificate of candidacy shall be filed or accepted by mail,
telegram or facsimile. The authority of the authorized representative shall be in writing
and under oath and attached to the certificate of candidacy.
Certificate of candidacy not filed with the correct offices as enumerated above shall not
be accepted.
The form of the certificate of candidacy shall be distributed free of charge and no filing
fee shall be imposed.
b) Any person holding an elective office or position shall not be considered r esigned
upon the filing of his certificate of candidacy for the same or any other elective office or
position.
SEC. 5. Period for filing Certificate of Candidacy . – The certificate of candidacy shall be
filed on regular days, from November 20 to 30, 2009, during office hours, except on the
last day, which shall be until midnight.
For this purpose, all registered political parties shall, not later than November 15, 2009,
submit to the Law Department the names and specimen s ignatures of the authorized
signatories to official party nominations.
No certificate of nomination or any amendment thereto shall be filed after the last day for
filing of certificate of candidacy, except in case of valid substitution under Sec. 13
hereof.
No political party shall be allowed to nominate candidates more than the number of
persons required to be voted for in an elective position. In such a situation, all of the
nominations shall be denied due course by the Commission.
1) who has not been nominated by a registered political party or its duty authorized
representative;
4) who accepts nominations from more than one registered political party, except in
cases of coalitions of said political parties; or
5) whose nomination was filed after the last day of filing of certificate of candidacy .
The receiving officer shall enter in a record book, the following data, leaving no space
between entries: a) date and time of receipt of the certificates; b) assigned consecutive
number thereof; c) full name of the candidate; d) the office for which the candidate is
running; e) the political party to which the candidate belongs and/or which nominated
him, if any; f) the number of copies actually received; and g) the name of the receiving
officer.
Without delay, after 12:00 o’clock midnight of the last day for filing certificate of
candidacy, the receiving officer shall close the record book by placing a line immedi ately
after the last entry and writing the word “closed”. He shall then affix his signature
immediately below the word “closed” and indicate the date and exact time of closing.
SEC. 9. Watchers of candidates, political parties and accredited citizens’ arms . – Any
candidate, political party, accredited citizen’s arm may appoint a watcher in connection
with the filing and reception of the certificates of candidacy. The watcher shall be
allowed to stay within the premises of the authorized receiving office and to take note of
the proceedings but without interrupting or disturbing official business. Any watcher may
report in writing to the Commission any irregularity, which may require appropriate
action.
Watchers shall be entitled, upon written request, to secu re from the receiving officer a
copy of the full list of those who filed their certificates of candidacy and their respective
positions.
SEC. 10. Reports on the delivery of certificates of candidacy . – The receiving officer
shall, using the program provided by the Information Technology Department (ITD):
1) encode the candidates’ information and save the same in two (2) compact discs (CD);
Not later than December 2, 2009, the receiving officer shall report, by rush telegram or
any available fastest means of communication to the Commission through the Law
Department, a complete list of candidates who have filed their certificates of candidacy
as entered in the record book. Within the same period, the record book, list of candidates
duly signed, CDs, and copies of the certificates of candidacy except one copy to be
retained for file, as well as the original copy of nomination, if any, shall be delivered
personally to the Law Department in Manila by the following:
1) Regional Election Director for NCR – For Member of the House of Representatives in
the legislative districts in the NCR;
For this purpose, the Election Officers concerned shall deliver the above mentioned
items to his Provincial Election Supervisor within twenty -four (24) hours after the
deadline for filing.
3) City/Municipal Election Officer – For city and municipal positions in the National
Capital Region.
The Law Department shall distribute the copies of the certificates of candidacy and CDs,
as follows:
SEC. 11. Preparation of the Certified List of Candidate s. – Immediately after the last day
for filing of certificates of candidacy, the certified li st of candidates shall be prepared by
election officials/ department concerned as follows:
A. Law Department
For Members of the House of Representatives in the legislative d istricts in the National
Capital Region (NCR);
For city and municipal positions in the National Capital Region; and
For city and municipal positions outside of the National Capital Region.
SEC. 12. Withdrawal of Certificate of Candidacy . – Any person who has filed a certificate
of candidacy may at any time before election day and subject to Sec. 13 hereof, file
personally a statement of withdrawal under oath in five (5) legible copies with the office
where the certificate of candidacy was filed. No statement of withdrawal shall be
accepted if filed by a person oth er than the candidate or if filed by mail, telegram or
facsimile.
The Regional Election Director, Provincial Election Supervisor, or the Election Officer
concerned shall, upon receipt of the withdrawal, notify the Law Department by the fastest
means of communication of the a) full name of the candidate withdrawing; b) elective
office concerned; c) political party, if any; and d) substitution made, if any. On the same
date, he shall retain a file copy and immediately forward to the Commission through the
Law Department all the other copies. The Law Department shall, in turn, distribute the
copies to the offices/departments concerned as provided under Sec. 11 hereof.
For any withdrawal of candidacy and/or substitution filed with the Commission, the field
office concerned and the Project Director of Phase II shall be notified.
The substitute for a candidate who withdrew may file his certificate of candidacy as
herein provided for the office affected not later than December 14, 2009.
The substitute for a candidate who died or suffered permanent incapacity or disqualified
by final judgment, may file his certificate of candidacy up to mid -day of election day. If
the death or permanent disability should occur between the day before the election and
mid-day of election day, the substitute candidate may file the certificate with any board of
election inspectors in the political subdivision where he is a candidate, or in the case of a
candidate for President, Vice-President or Senator, with the Law Department of the
Commission on Elections in Manila.
No person who has withdrawn his candidacy for a positi on shall be eligible as substitute
candidate for any other position after the deadline for filing of certificates of candidacy.
SEC. 14. Nuisance Candidates. – The Commission may, motu proprio, or upon verified
petition of an interested party refuse to give due course to or cancel a certificate of
candidacy of candidates running for national position if it is shown that said certificate
has been filed to put the election process in mockery or disrepute, or to cause confusion
among the voters by the similarity of names of registered candidates, or by other
circumstances or acts which clearly demonstrate that the candidate has no bona fide
intention to run for the office for which the certificate of candidacy has been filed and
thus prevent a faithful determination of the true will of the electorate.
SEC. 16. Effects of Disqualification. – Any candidate who has been declared disqualified
by final judgment shall not be voted for and the votes cast in his favor sh all not be
counted. If, for any reason, he is not declared disqualified by final judgment before the
election and he is voted for and receives the winning number of votes, the case shall
continue and upon motion of the petitioner, complainant, or interveno r, the proclamation
of such candidate may be ordered suspended during the pendency of the said case
whenever the evidence is strong.
a) where a similar complaint/petition is filed before the election and before the
proclamation of the respondent and the ca se is not resolved before the election, the trial
and hearing of the case shall continue and referred to the Law Department for
preliminary investigation.
b) where the complaint/petition is filed after the election and before the proclamation of
the respondent, the trial and hearing of the case shall be suspended and referred to the
Law Department for preliminary investigation.
In either case, if the evidence of guilt is strong, the Commission may order the
suspension of the proclamation of respondent, and if proclaimed, to suspend the effects
of proclamation.
SEC. 17. Effectivity. – This Resolution shall take effect on the seventh (7th) day after its
publication in two (2) daily newspapers of general circulation in the Philippines.
SEC. 18. 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 give the same the widest dissemination possible and furnish copies
thereof to all Regional Election Directors, Provincial Election Supervisors, Election
Officers and accredited political parties and party -list organizations or coalitions
participating in the party list system of representation.
SO ORDERED.
REVISED GENERAL INSTRUCTIONS FOR THE BOARD OF ELECTION INSPECTORS (BEI) ON THE VOTING,
COUNTING, AND TRANSMISSION OF RESULTS IN CONNECTION WITH THE 10 May 2010, NATIONAL AND
LOCAL ELECTIONS.
WHEREAS, on December 29, 2010, the Commission on Elections promulgated Resolution No. 8739 entitled
"General Instructions for the Board of Election Inspectors (BEI) On the Voting, Counting and Transmission of
Results In Connection With the May 10, 2010 National and Local Elections;
WHEREAS, there is a need to amend or revise portions of Resolution No. 8739 in order to fine tune the process and
address procedural gaps;
NOW THEREFORE, pursuant to the powers vested in it by the Constitution, the Omnibus Election Code, Republic
Act No. 9369, and other election laws, the Commission on Elections HEREBY RESOLVES to promulgate, the
following Revised General Instructions for the Board of Election Inspectors (BEI) on the Voting, Counting, and
Transmission of Results:
ARTICLE I
BOARD OF ELECTION INSPECTORS
Section 1. Board of Election Inspectors (BEI); constitutions and appointment. - The Commission on Elections,
through its Election Officer, shall constitute not later than January 8, 2010, the BEI for each precinct/clustered
precinct from the list of all public school teachers submitted by the Department of Education's (DepEd) highest
official within the city/municipality/school district.
The BEI shall be composed of a Chairman and two (2) members, one of whom giving preference to those with
permanent appointment and those who served in the immediately preceding National and Local Elections.
In all cases, the Election Officer shall ensure that at least one (1) member of the BEI shall be an information
technology-capable person as certified by the Department of Science and Technology (DOST) after the training of
the same.
In case there are not enough public school teachers, teachers in private schools, employees in the civil service, or
citizens of known probity and competence who are registered voters of the city or municipality may be appointed as
members of the BEI; provided, that the chairman shall be a public school teacher.
Section 2. Qualifications of members of the BEI. - No person shall be appointed as chairman or member of the BEI,
whether regular, substitute or temporary, unless he:
c) Has never been convicted of any election offense or of any other crime punishable by more than six (6)
months of imprisonment;
d) Has no pending case against him filed in COMELEC/count for any election offense; and
Section 3. Disqualification. - No person shall serve as chairman or member of the BEI if he or his spouse is related
within the fourth civil degree of consanguinity or affinity to any member of the same BEI or to any candidate to be
voted for or to the latter's spouse. Violation of this provision shall constitute an election offense as provided in
Section 261 (bb), sub-par (3) of the Omnibus Election Code.
Section 4. Notice of disqualification. - Any chairman or member of the BEI who is disqualified for any reason shall
immediately notify the Election Officer of such fact in writing, who shall in turn, appoint a substitute.
Section 5. Temporary vacancies in the BEI. - If, at the time of the meeting of the BEI, any member is absent or a
vacancy exists, the members present shall call upon a substitute from the list of public school teachers submitted by
the DepED to perform the duties of the absent member. If none is available, the members present shall appoint any
qualified non-partisan voter of the precinct to temporarily fill said vacancy until the absent member appears. In case
there are two members present, they shall act jointly.
Section 6. Arrest of absent members. - The member or members of the BEI present may order the arrest of any
member who, in his or their judgment, has absented himself with the intention of obstructing the performance of the
duties of the BEI.
Section 7. Appointment and oath of members of the BEI. - The Election Officer shall accomplish the form for the
Appointment of the Chairman and Members of the BEI (A5) in three (3) copies, and require the chairman and
members of the BEI to affix their signature and imprints of their right thumbs on the Oath of Office (A5-A) before him
before assumption of office. (As Revised)
Copies of the Appointment and Oath (A5 & A5-A) shall be distributed, as follows:
(As revised)
a) The first and second copies shall be retained by the Election Officer. One copy shall be for his file and the
other shall be attached to the payroll for payment of honorarium of the BEI; and
Section 8. Minutes of Testing and Sealing; Voting and Counting (Minutes). - The BEI shall enter in the Minutes
(A11), the act or data therein required as they occur or become available during voting, counting, and transmission
of results. Copies thereof shall be sealed in separate envelopes, to be distributed as follows: (As Revised)
a) First copy, to the Election Officer, who shall transmit it to the Election Records and Statistics Department
(ERSD) in Manila; and
b) Second copy, to be deposited inside the compartment of the ballot box. (As Revised)
Section 9. Support Staff. - There shall be in addition to the regular members of the BEI
Depending on the number of precincts clustered, a maximum of three (3) support staff, who are registered voters in
the precinct/clustered precinct where they are assigned. They shall be appointed/designated by the Election Officer,
subject to the qualifications and conditions provided under Sections 2, 3 and 7 hereof, in such manner as indicated
below:
They can neither participate in any deliberation of the BEI nor vote on any issue or question that may arise during
the proceedings.
In case of absence of all or any of the support staff on the day of the election, the BEI, by majority vote, may
designated ant registered voter in the precinct/clustered precinct as substitute, subject to the provisions of Sections
2, 3 & 7 hereof. Such fact shall be recorded in the Minutes.
Section 10. Powers and functions of the BEI. - The BEI shall have the following powers and functions:
a) Conducts the voting in the polling place and administer the election counting of voters;
b) Print the election returns and transmit electronically the election results, through the use of the PCOS
machine, to the:
iii. Dominant majority party, dominant minority party, accredited citizens' arm and KBP. (As revised)
d) Maintain order within the polling place and its premises; keep access thereto open and unobstructed;
enforce obedience to its lawful orders and prohibit the use of cellular phones and camera by the voters. If
any person refuses to obey the lawful orders of the BEI or conducts himself in a disorderly manner in its
presence or within its hearing and thereby interrupts or disturbs its proceedings, the BEI may issue an order
in writing directly any peace officer to take said person into custody until the adjournment of the meeting, but
such order shall not be executed as to prevent said person from voting. A copy of such written order shall be
attached to the Minutes; and (As Revised)
e) Perform such other functions prescribed by law or by the rules and regulations promulgated by the
Commission.
Section 11. Proceedings of the BEI. - The meeting of the BEI shall be public and shall be held in the polling place
designated by the Commission.
The BEI shall act through its chairman and shall decide by majority vote, without delay, all question, which may arise
in the performance of its duties.
Section 12. Voting Privilege of the Members of BEI. - Members of the BEI who are registered voters in precincts
other than where they are assigned, may avail of the Local Absentee Voting, or on the day of the elections, vote in
the precincts where they are registered, provided that they do so when the voting in their respective places of
assignments is light, and their absence shall not be for more that twenty (20) minutes. For this purpose, they shall
schedule their voting so that only one member of the BEI shall leave at any one time. (As Revised)
Section 13. Prohibition against political activity. - No member of the BEI or its support staff shall engage in any
partisan political activity or take part in the election except to discharge his duties as such and to vote.
Section 14. Honoraria of the BEI and their support staff; /DepEd Supervisor and their support staff. - The chairman
and members of the BEI shall each receive an honorarium of three thousand pesos (P3,000.00). In addition, each
shall receive P500.00 for the Inspection, Verification and Sealing of Book of Voters; P500.00 for the Testing and
Sealing of Machines; P300.00 for one-time transportation allowance and service credits for three days of service
(day before the elections, election day and day after elections). (As Revised)
Support Staff shall receive an honorarium of P1,500.00 each and service credits for three (3) days of service (day
before the elections, election day and day after elections). (As Revised)
There shall be at least one (1) DepEd Supervisor Official with one (1) support staff for every polling center. In case
of polling centers with more than ten (10) clustered precincts, an additional DepEd supervisor official with one (1)
support staff shall be constituted, as follows: (New)
No. of clustered precincts No. of DepEd Supervisor Official No. of support staff
1-10 1 1
11-20 2 2
21-30 3 3
… and so on
The DepEd Supervisors, in coordination with the Election Officer, shall, among other things:
a) Plan, organize and supervise the setting-up of a voter assistance center at the polling center to assist
voter in locating their polling places;
b) Plan, organize and supervise the crowd management at the entrance areas of polling places;
c) Maintain a list of technical personnel as well as PNP and AFP personnel in the polling centers for efficient
coordination in case of need; and
d) Serve as the contact and point person of the EO in the polling center.
The Support Staff of the DepEd Supervisor shall assist the latter in undertaking the abovementioned functions.
Supervisors for ten clustered precincts shall receive an honorarium of P3,000.00 and service credits for three (3)
days of service (day before the elections, election day, and day after elections); while their support staff shall receive
an honorarium of P1,500.00 and service credits for three (3) days of service (day before the elections, election day,
and day after elections) (New)
The COMELEC shall allocate the amount of Thirty Million Pesos (P30,000,000.00) for election-related death or
injuries that may be sustained by DepEd employees in the performance of election duties. Provided that in case of
death while in the performance of election duties, the heirs of the deceased official/employee shall be given the
amount of Two Hundred Thousand Pesos (P200,000.00). (As Revised)
ARTICLE II
WATCHERS
Section 15. Official watchers of candidates, political parties and other groups. - Each candidate and registered
political party or coalition of political parties duly registered with the Commission and fielding candidates in the
election, as well as duly accredited citizens' arms may point two watchers, to serve alternately, in every polling
place. However, candidates for Senator, candidates for Member, Sangguniang Panlalawigan or Sangguniang
Panlungsod, or Sangguniang Bayan, belonging to the same ticket or slate, shall collectively be entitled to one
watcher.
Duly accredited citizens arms of the Commission shall be entitled to appoint a watcher in every polling place. Other
civil, professional, business, service, youth, and any other similar organizations with prior authority of the
Commission, shall be entitled collectively be entitled to one watcher.
If, because of limited space, all watchers cannot be accommodated in the polling place, preference shall be given to
the watchers of the dominant majority and dominant minority parties as determined by the Commission and the
watcher of the citizens' arm, with the latter being given preferential position closest to the BEI. In case there are two
or more citizen's arm, the one authorized by the Commission to conduct an unofficial count shall be given
preference. (As Revised)
Section 16. Qualifications of watchers. - No person shall be appointed watcher unless he:
a) Is a registered voter of the city or municipality comprising the precinct where he is assigned;;
b) Is of good reputation;
c) Has not been convicted by final judgment of any election offense or of any other crime;
d) Knows how to read and write Pilipino, English or of the prevailing local dialect; and
e) Is not related within the fourth civil degree of consanguinity or affinity to the chairman or to any other
member of the BEI in the polling place where he seeks appointment as watcher.
Section 17. Rights and duties of watchers. - Upon entering the polling place, the watchers shall deliver to the
chairman their appointments as watchers, and their names shall forthwith be recorded in the Minutes with a notation
under their signatures that they are not disqualified to serve as such under the immediately preceding Section. The
appointments of the watchers shall bear the signature of the candidate or duly authorized representative of the
party, organization or coalition that appointed them. For this purpose, at least fifteen (15) days before election day,
independent candidates, registered parties, organizations, or coalitions authorized by the Commission to appoint
watchers shall provide the Election Officers concerned with the names and signatures of their representatives
authorized appoint watchers in the city or municipality.
c) Take photographs of the proceedings and incidents, if any, during the voting, counting of votes, as well as
of the generated election returns and of the ballot boxes;
d) File a protest against any irregularity or violation of law which they believe may have been committed by
the BEI or any of its members or by any person; and
e) Obtain from the BEI a certificate as to the filling such protest and the resolution thereof.
Watchers shall not speak to any member of the BEI, or to any voter or among themselves, in such a manner as
would disturb the proceedings of the BEI.
The watchers representing the dominant majority and dominant minority parties fielding candidates and the watcher
of the citizens arm shall, if available, affix their signatures and thumbmarks in the election returns.
ARTICLE III
ELECTION FORMS AND SUPPLIES
Section 18. Election forms documents and supplies. - Except when authorized to do so earlier by the Commission,
the BEI shall get the forms, documents and supplies early in the morning of election day. The City/Municipal
Treasurer shall distribute the following forms, documents and supplies per precinct/clustered precincts.
CEF RATE OF
DESCRIPTION
NO. DISTRIBUTION
ELECTION FORMS
Poster Indicating the Clustered Precincts'
A3 Numbers 1 Piece
A6 Official Ballots 1 pc. Per voter
A12 Paper Seal 75 Pieces
Certificate of Receipt of Official Ballots, Other Forms and Supplies by
A14 3 Pieces
BEI
A27 Official Receipt of Election Returns 30 Pieces
ENVELOPES FOR VOTING AND COUNTING
For Rejected ballots, Half of Torn Unused Official Ballots and Other
A15 3 Pieces
Half of Torn Unused Official Ballots
A17 For Election Returns 30 Pieces
OTHER ENVELOPES
A18-A For Main Memory Card, I-button Security Key, PIN's, Initialization 6 Pieces
Report, Audit Log, and Precinct Statistical Report
OTHER FORMS
A30/A31 Temporary Appointment of Chairman/Poll Clerk/ Third 10 Pieces
Member/Support Staff
A35 Certificate of Challenge or Protest and Decision of the BEI 10 Pieces
A39 Oath of Voter Challenge for Illegal Acts 10 Pieces
A40 Oath of Identification of Challenged Voter 10 Pieces
SUPPLIES
Bond Paper (long) 30 Pieces
Ballot Secrecy Folder 22 Pieces
Thumbprint Taker 1 pc. per precinct in
a cluster
Seal with Steel Wire for Ballot Box 1 Piece
Indelible Stain Ink 2 Bottles per
precinct cluster
Instruction to Voters 1 Pc. per clustered
precinct
Marking pens 1or2 Box/es
Ballpen 6 Pieces
(As Revised)
a) Book of Voters;
b) One (1) copy of the Precinct Computerized Voters List (PCVL) and supplemental PCVL, if any, for posting
outside the precinct;
c) Two (2) copies of Election Day Computerized Voters List (EDCVL)/ (List of Voters with Voting Record)
and supplemental EDCVL, if any; and
d) Copies of Appointment and Oath of Office of the BEI and Support Staff (A5 & A5-A). (As Revised)
The Book of Voters should be duly sealed. The PCVL and EDCVL should all be duly certified by the Election
Registration Board.
The poll clerk, third member and the support staff, if any, shall have custody of the Book of Voters and one (1) copy
of the EDCVL.
The BEI shall carefully check the different election forms, documents and supplies and the quantity actually
received. The BEI shall sign a Certificate of Receipt (A14) in three copies, the original of which shall be delivered to
the City/Municipal Treasurer, who shall transmit the same to the ERSD, Comelec, Manila, immediately after election
day. (As Revised)
Section 19. Forms to be reproduced when needed. - The following forms may be reproduced when needed:
ARTICLE IV
DATE, TIME, AND PLACE OF VOTING
Section 20. Date of election. - The election shall be held on May 10, 2010.
Section 21. Voting hours. - The casting of votes shall start at seven o'clock in the morning and shall end six o'clock
in the evening of election day.
If at six o'clock there are still voters within thirty (30) meters in front of the polling place who have not yet cast their
votes, voting shall continue but only to allow said voters to cast their votes without interruption. The poll clerk shall,
without delay, prepare a complete list containing the names of said voters consecutively numbered, The voters
listed shall be called to vote by the poll clerk by announcing each name three (3) times in the order in which they are
listed. Any voter in the list who is not present when called shall not be allowed to vote at any later time. The said list
shall be submitted to the Election Officer.
Section 22. Place of voting. - Voters shall cast their votes in the polling place designated by the Commission. The
poster indicating the clustered precinct number (A3) shall be prominently posted near or at the door of the polling
place.
Section 23. Who may vote. - All registered voters whose names appear in the Posted Computerized Voters List
(PCVL) or EDCVL, or whose registration records have not been cancelled or deactivated, may vote in the election.
Section 24. Challenge against illegal voters. - Any voter or watcher may challenge any person offering to vote for:
In such case, the BEI shall satisfy itself as to whether or not the ground for the challenge is true by requiring proof of
registration, identity or qualification. The BEI shall identify the voter through his photograph, fingerprint, or specimen
signatures in the VRR or EDCVL. In the absence of any of the above-mentioned proof of identity, any member of the
BEI may identify under oath a voter, and such act shall be reflected in the Minutes.
Section 25. Challenge based on certain illegal acts. - Any voter or watcher may challenge any voter offering to vote
on the ground that he:
a) Received or expects to receive, paid, offered or promised to pay, contributed, offered or promised to
contribute money or anything of value as consideration for his vote or for the vote of another; or
b) Made or received a promise to influence the giving or withholding of any such vote; or
c) Made a bet or is interested directly or indirectly in a bet that depends upon the results of the election.
In such case, the challenge voter shall take on oath before the BEI that he has not committed any of the acts
alleged in the challenge. Upon taking such oath, the challenge shall be dismissed and the voter shall be allowed to
vote. In case the voter refuses to take such oath, the challenge shall be sustained and the voter shall not be allowed
to vote.
Section 26. Record of challenge and oaths. - The BEI shall record in the Minutes all challenges and oaths taken in
connection therewith and its decision in each case. 1awph!1
Section 27. Rules to be observed during the voting. - During the voting, the BEI shall be to it that:
a) Voters shall vote in the order of their arrival in the polling place;
b) No watcher shall enter the place reserved for the voters and the BEI, nor mingle and talk with the voters;
c) No person carrying any firearm or any other deadly weapon, except those expressly authorized by the
Commission, shall enter the polling place;
d) There shall be no crowding of voters and disorderly behavior inside the polling place; and
Section 28. Persons allowed inside the polling place. - Only the following persons shall be allowed inside the polling
place:
b) Watchers who shall stay only in the space reserved for them;
d) Technical support staff assigned in the voting center duly designated by the Commission who may be
summoned by the BEI in order to address some technical problems;
Section 29. Persons not allowed to enter the polling place. - Unless specifically authorized by the Commission, it is
unlawful for the following to enter any polling place or stay within a radius of fifty (50) meters thereof, except to vote:
a) Any officer or member of the Armed Forces of the Philippines or the Philippine National
Police; (Renumbered)
b) Any peace officer or any armed person belonging to any extra-legal police agency, special forces,
reaction forces, strike forces, Civilian Armed Force Geographical Units, barangay tanods or other similar
forces or para-military forces, including special forces, security guards, special policeman; (Renumbered)
c) All other kids of armed or unarmed extra-legal police forces; and (Renumbered)
a) Bring the ballot, ballot secrecy folder or making pen outside of the polling place;
b) Speak with anyone other than as herein provided while inside the polling place;
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 or person with disability/disabled
voter;
e) Erase any printing from the ballot, or put any distinguishing mark on the ballot;
f) Use carbon paper, paraffin paper or other means of making a copy of the contents of the ballot, or
otherwise make use of any other scheme to identify his vote, including the use of digital cameras, cellular
phones with camera or similar gadgets;
Section 31. Preparation of ballots for illiterate and person with disability/disabled voters. - No voter shall be allowed
to vote as illiterate or person with disability/disabled unless such fact is indicated in the EDCVL or VRR. If so, he
may be assisted in the preparation of his ballot, by any:
a) Relative within the fourth civil degree of consanguinity and affinity; or (As Revised)
b) Any person of his confidence who belongs to the same household; or
A person with physically impaired capacity to use the AES may also be assisted in feeding his ballot into the PCOS.
The assistor shall ensure that the contents of the ballot are not displayed during the feeding of the same into PCOS.
No person may assist an illiterate or person with disability/disabled voter more than three (3) times, except the
members of the BEI.
In all cases, the poll clerk shall first verify from the illiterate or person with disability/disabled voter whether the latter
had authorized the assistor to help him to cast his vote.
The assistor shall, in the presence of the illiterate or person with disability/disabled voter prepare the ballot using a
ballot secrecy folder.
The assistor shall bind himself in writing and under oath to fill the ballot strictly in accordance with the instructions of
the voter and not reveal the contents thereof, by affixing his signature in the appropriate space in the Minutes.
Section 32. Accessibilty of polling place to person with disability/disabled voters. - All polling places of precincts
where there are persons with disability/disabled voters shall be located at the ground floor of the voting centers,
unless not feasible. For this purpose, the EOs shall coordinate with the proper school or building officials.
Section 33. Prohibition against premature announcement of voting. - During the voting, no member of the BEI shall
make any announcement as to whether a certain registered voter has already voted or not, as to how many have
already voted or how many so far have failed to vote or any other fact tending to show or showing the state of the
polls; nor shall he make any statement at any time, except as witness before a court or body as to how many
persons voted.
ARTICLE V
PROCEDURES OF VOTING, COUNTING OF VOTES AND TRANSMISSION OF PRECINCT RESULTS
Section 34. Preliminaries to the voting. - The BEI shall meet at the polling place at six o'clock in the morning of
Election Day and ensure that the PCOS box and the ballot box are inside the poling place. (As Revised)
a) Post one copy of PCVL of each precinct in the cluster, near or at the door of the polling place; (As
Revised)
b) Show to the public and the watchers present that the; (As Revised)
iii. Package of official ballots and the Book of Voters are both duly sealed, and thereafter, break the
seals.
e) Check whether the following are inside the PCOS box: (As Revised)
vii. One (1) PIN for re-zeroing which shall remain in the PCOS box;
viii. Modem, if any*
f) Retrieve the Minutes from the PCOS box and: (As Revised)
i. Check if the seal number of the seal used in the PCOS box is the same as the serial number
recorded in the Testing and Sealing of the Minutes;
ii. Enter in the Minutes the number of ballots as indicated in the package of the ballots; and not the
fact that the PCOS box, package of ballots, and the Book of Voters were shown on the public with
the seals intact.
g) Retrieve the PIN of the BEI and distribute the same among themselves. The re-zero PIN shall not be
used on election day; (As Revised)
i) Show to the public that the printer cover of the PCOS, slots labeled POLL WORKER and
ADMINISTRATION where the main memory card and back-up memory card, respectively are stored, and
sealed; (As Revised)
j) Unlock the sliding cover of the ballot box slit and break its plastic security seal; (As Revised)
k) Place the PCOS properly on top of the ballot box; (As Revised)
l) Break the plastic fixed length seal of the printer cover of the PCOS; (As Revised)
m) Open the printer cover and the Chairman shall take out the iButton security key; (As Revised)
n) Verify that the roll of paper is already properly installed; (As Revised)
p) Connect the power adoptor to the PCOS AC power port (20VAC); (As Revised)
r) Connect the battery to the PCOS DC power port (12 VDC). If there is no power, using a pen, press the
RESET button located at the top of the PCOS AC power port; (As Revised)
s) Wait until PCOS displays the message "PLEASE INSERT SECURITY KEY FOR
AUTHENTICATION"; (As Revised)
t) The Chairman shall place the iButton security key on top of the iButton security key receptacle and apply
slight pressure thereon until the message "SECURITY KEY VERIFIED" appears on the PCOS screen. Wait
until the "MAIN MENU" is displayed. The iButton shall be in custody of the Chairman until the closing of
voting.;(As Revised)
u) The certified IT-capable member of the BEI shall perform the following procedures: (As Revised)
ii. The PCOS shall then request for the PIN of the poll clerk who will then enter his PIN and press
"ENTER";
iv. Request for the second PIN from the third member who will then enter his PIN and press
"ENTER";
vi. Display two (2) options: "INITIALIZE VOTE COUNTERS" and "PREVIOUS SCREEN";
v) Press the "INITIALIZE VOTE COUNTERS" option of the PCOS. The PCOS shall: (As Revised)
i. Display the message "INITIALIZING VOTE COUNTERS";
ii. Automatically print the Initialization Report showing zero ("0") vote for each candidate including the
geographic information (province, city/municipality, barangay, voting center and individual precinct in
the cluster);
iii. After printing the Initialization Report, the PCOS will display the message, "WOULD YOU LIKE
TO PRINT MORE COPIES OF THIS REPORT?" with "YES" and "NO" options. Press "NO". The
PCOS will display the message "PLEASE INSERT BALLOT". Now, the PCOS is ready to accept
ballots.
w) Detach the Initialization Report, affix their signatures thereon including the representatives of the political
parties, candidates or citizens arms present; (As Revised)
x) The Chairman shall then place the Report inside the envelope (A18-A) for submission to the Election
Officer after the voting, for his safekeeping. (As Revised)
a) Look for his name in the PCVL posted near the door of the voting center and determine his precinct
number and sequence number; (Renumbered)
b) Approach the BEI member or the support staff in-charge of the precinct, give his sequence number in the
PCVL, name and address, together with the other data concerning his person; (Renumbered)
c) The BEI or the support staff shall verify if the name of the voter is in the EDCVL. If the name of the voter
is in the EDCVL, his identity shall then be established through the following: (Renumbered)
i. His photograph in the EDCVL or specimen signatures in the Voters Registration Record (VRR) or
any authentic document which may establish his identity except barangay certificate or community
tax certificate; or
ii. In the absence of any of the above-mentioned proof of identity, any member of the BEI or any
registered voter of the precinct/clustered precinct may identity under oath a voter, and such act shall
be reflected in the Minutes.
iii. If the BEI or support staff is satisfied with his identity, the name of the voter shall be distinctly
announced in a tone loud enough to be heard throughout the polling place. Otherwise, the voter
shall be directed to leave the polling place after informing him the reason thereof. If the voter is not
challenged, or having been challenged, the question has been decided in his favor, the voter shall
be directed to the chairman of the BEI.
d) Before giving the ballot to the voter, the chairman of the BEI shall: (As Revised)
i. Check if any of the fingernails of the voter has already been stained with indelible ink. If stained, it
shall be a conclusive presumption that he has already cast his vote. As such, the voter shall be
directed to leave the polling place after informing him the reason thereof. This fact, including the
name and the precinct of the voter shall be recorded by the Poll Clerk in the Minutes; (Renumbered)
ii. After verifying that no fingernail has been stained, affix his signature in the
EDCVL; (Renumbered)
iii. Authenticate the ballot by affixing his signature at the designated space at the front
thereof; (Renumbered)
The failure to authenticate the ballot shall not invalidate the ballot but shall constitute an election
offense.
iv. Instruct the voter on how to fill-up the ballot properly. (Renumbered)
v. Insert the ballot in the secrecy folder in such a manner that its face is covered, except the portion
where his signature in the ballot appears, and give the ballot to the voter. (Renumbered)
Only the chairman shall issue the official ballots, and more than one ballot shall be issued at one
time.
vi. Require the voter to affix his signature on the proper space in the EDCVL. (Renumbered)
Section 36. Manner of voting. - Voting shall be conducted in the following manner:
a) The voter shall, using a ballot secrecy folder and the marking pen provided by the COMELEC, fill his
ballot by fully shading the oval beside the names of the candidates and political party participating in the
party list system of representation of his choice; (Renumbered)
b) The voter shall then approach the PCOS, insert his ballot in the ballot entry slot and wait until message
"CONGRATULATIONS. YOUR VOTE HAS BEEN REGISTERED." appears on the screen. The BEI shall
monitor the PCOS screen to make sure that the ballot was successfully accepted. Thereafter, the voter shall
return the ballot secrecy folder and marking pen to the chairman; (As Revised)
c) The BEI shall apply indelible ink at the base and extending to the cuticle of the right forefinger nail of the
voter, or any other nail if there be no forefinger nail; (Renumbered)
d) The voter shall affix his thumbmark on the corresponding space in the EDCVL; and (Renumbered)
Section 37. Shortage of ballots; Procedure. - In case the official ballots of a precinct have all been used up and
there are still voters registered in the precinct waiting to cast their votes, the Chairman shall: (New)
b) Issue a Certification to the voter, stating that he is a registered voter of the precinct, but there are no more
available ballots for use;
d) Request the Third Member to accompany the voter to the next precinct belonging to the same councilor
district, where he shall cast his vote.
e) The Chairman of the precinct where the voter is directed to vote shall:
i. Require the voter the Certification issued by the Chairman of his precinct;
ii. Record in the Minutes the name of the voter, his precinct number and the fact that a Certification
by the Chairman of the precinct that there are no more available ballots thereat;
iii. Write the name of the voter in the EDCVL indicating opposite his name his precinct number; and
iv. Before issuing a ballot, observe Steps (c) to (d) of Section 34 and ensure that the voter observes
procedure under Section 35 hereof.
Section 38. Rejected ballots; Procedure. - Ballots may be rejected by then PCOS during the scanning. There will be
three (3) different types of messages when the PCOS rejects a ballot. For each messages, the BEI shall observe
the following procedures: (As Revised)
a) "AMBIGUOUS MARK"
i. Let the voter review his ballot and ensure that the ovals opposite the name of candidate/party
voted for are fully shaded.
b) "MISREAD BALLOT" - let the voter re-feed the ballot in 4 different orientations of ballot.
c) "INVALID BALLOT"
i. Verify if the ballot belongs to the precinct. If the ballot belongs to another precinct, the voter shall
return the ballot to the Chairman who shall proceed to Step 4 and 5 hereof;
ii. If the ballot belongs to the precinct, let the voter re-feed the ballot in 4 different orientations.
d) In all cases, if the PCOS rejects a ballot, the voter shall return the ballot to the Chairman who shall:
ii. Require all members of the BEI to sign at the back thereof, and place inside the Envelope for
Rejected Ballots (A15).
e) No replacement ballot shall be issued to a voter whose ballot is rejected by the PCOS;
f) Any party objecting to the rejection of the ballot shall reduce his objection in writing, which the BEI shall
attach and note in the Minutes.
Section 39. Disposition of unused ballots. - After the voting, the chairman in the presence of the BEI
shall: (Renumbered)
c) Place one half in the envelope (A15), and submit to the EO for safekeeping; and (Renumbered)
d) Place the other half in another envelope (A15), and then deposit inside the compartment of the ballot box
for valid ballots. Such facts shall be entered in the Minutes. (Renumbered)
Section 40. Counting of ballots and transmission of results; Procedure. (Renumbered) (As Revised)
a) At the end of voting and before the start of counting of votes, the Chairman shall place the iButton
security key on top of the iButton security key receptacle and apply slight pressure thereon. Remove the
iButton security key from its receptacle, after which the PCOS will display the Main Menu;
c) The screen will display a message "ARE YOU SURE YOU WANT TO CLOSE VOTING? NO MORE
BALLOTS WILL BE ACCEPTED AFTER THIS." Select "YES" option;
d) The PCOS will request for the PIN of the poll clerk who will then enter his PIN and press "ENTER". The
PCOS will validate the PIN and displays a message "PIN ACCEPTED". The PCOS will request for the
second PIN from the third member who will then enter his PIN and press "ENTER". The PCOS will validate
the PIN and displays a message "PIN ACCEPTED".
e) The screen will display a message "POLL IS BEING CLOSED PLEASE WAIT" followed by another
message "VOTING HAS BEEN CLOSED NO MORE BALLOTS WILL BE ACCEPTED BY THIS PCOS";
f) Thereafter, the PCOS shall automatically count the votes and immediately display a message "WOULD
YOU LIKE TO DIGITALLY SIGN THE TRANSMISSION FILES WITH A BEI SIGNATURE KEY?", with a
"YES" or "NO" option;
g) Press "NO" option. The PCOS will display "ARE YOU SURE YOU DO NOT WANT TO APPLY A DIGITAL
SIGNATURE?" with a "YES" and "NO" option;
h) Press "YES" option. A message shall be displayed "PRINTING 8 COPIES OF NATIONAL RETURNS.
PLEASE WAIT";
i) A message shall be displayed "WOULD YOU LIKE TO PRINT MORE COPIES OF THIS REPORT" with a
"YES and "NO" options. Press "NO" option;
j) Thereafter, the PCOS will display "PRINTING 8 COPIES OF LOCAL RETURNS. PLEASE WAIT…" and
the PCOS automatically prints the 8 copies;
k) A message shall be displayed "WOULD YOU LIKE TO PRINT MORE COPIES OF THIS REPORT" with a
"YES" and "NO" options. Press "NO" option;
l) Detach the 8 copies of the ERs. After which, members of the BEI shall affix their signatures and thumb
marks thereon;
m) The BEI shall ask the watchers present to affix their signatures on the printed ERs;
n) Place each copy of ER in its corresponding envelope and seal with a paper seal;
o) The chairman of the BEI shall publicly announce the total number of votes received by each candidate,
stating their corresponding offices;
p) The poll clerk shall announce the posting of a copy of the ER both for national and local positions on a
wall within the premises of the polling place/counting center which must be sufficiently lighted and
accessible to the public, and proceed to post such copies;
q) After forty-eight (48) hours following the posting, the chairman of the BEI shall detach the posted printed
copy on the wall and keep the same in his custody to be produced as may be requested by any voter for
image or data capturing or for any lawful purpose as may be ordered by competent authority;
r) The PCOS will display a message "READY TO TRANSMIT. PLEASE PLUG IN TRANSMISSION CABLE
TO ELECTRONICALLY TRANSMIT ELECTION REPORTS AND PRESS OK TO CONTINUE";
s) Connect the transmission medium to the PCOS and press the "OK" button;
u) If the modem is properly connected, the PCOS will display the message "MODEM DETECTED";
v) If checking of modem fails, the PCOS will display the message "MODEM NOT DETECTED" followed by
the message "TRANSMISSION CABLE NOT CONNECTED. RETRY?" with "YES" and "NO" options. Check
the connection of the transmission medium to the PCOS and if it is properly set up, press the "YES" button;
w) If after three (3) attempts, the transmission medium still fails, call the Support Technician.
y) Wait until the message "ELECTION REPORT SUCCESSFULLY TRANSMITTED TO <target server>" is
displayed;
The same message will appear when transmitting to central server and KBP-Parties-Citizen server.
z) After successful transmission to MBOC, KBP-Parties-Citizens and Central Server, the PCOS will display a
message "ALL ELECTION REPORTS HAVE BEEN SUCCESSFULLY TRANSMITTED TO 3/3
LOCATIONS. PLEASE DISCONNECT TRANSMISSION CABLE";
aa) Disconnect the transmission medium. The PCOS will display a message "PRINTING
TRANSMISSION REPORT. PLEASE WAIT…" Followed by a message "WOULD YOU LIKE TO
PRINT MORE COPIES OF THIS REPORT" with "YES" and "NO" options. Press "NO" option;
bb) The PCOS will display a message "READY TO PRINT FINAL 22 COPIES OF ELECTION
RETURNS. PLEASE REPLACE THERMAL PRINTER PAPER ROLL. PRESS OK WHEN READY"
with "OK" button;
cc) Replace thermal printer paper roll and press "OK" button;
dd) The PCOS shall display the message "PRINTING 22 COPIES OF NATIONAL RETURNS.
PLEASE WAIT" followed by the message "WOULD YOU LIKE TO PRINT MORE COPIES OF THIS
REPORT?" with a "YES" and "NO" option. Press "NO" option;
ee) The PCOS display the message "PRINTING 22 COPIES OF LOCAL RETURNS. PLEASE
WAIT" followed by the message "WOULD YOU LIKE TO PRINT MORE COPIES OF THIS
REPORT?" with a "YES" and "NO" option. Detach the printed 22 copies of Local Returns and press
"NO" option;
ff) The PCOS shall display the message "PRINTING STATISTICAL REPORT PLEASE WAIT"
followed by the message "WOULD YOU LIKE TO PRINT MORE COPIES OF THIS REPORT?" with
a "YES" and "NO" option. Detach the printed Statistical Report and press "NO" option;
gg) The PCOS shall display the message "PRINTING AUDIT LOG REPORT PLEASE WAIT"
followed by the message "WOULD YOU LIKE TO PRINT MORE COPIES OF THIS REPORT?" with
a "YES" and "NO" option. Detach the printed Audit Log Report and press "NO" option;
The Statistical Report, Transmission Report and Audit Log report shall be placed in the envelope
(A18-A) where the Initialization Report was placed;
jj) If failure of transmission occurs in any of the target servers (City/Municipal, KBP-parties-citizens
arm server, or central server), the PCOS will print Transmission Report.
kk) The PCOS will display a message "WOULD YOU LIKE TO PRINT MORE COPIES OF THIS
REPORT" with "YES" and "NO" option. Press "NO" option;
mm) The certified IT-capable member of the BEI shall re-transmit the results to the target server by
doing the following:
i. Press "RE-TRANSMIT RESULTS" option located in the Main Menu. List of target servers
will be displayed;
iii. Wait until the transmission is successful. If after three (3) attempts, the transmission
medium still fails, call the Support Technician;
iv. Repeat Steps i to iii, if there are more than one (1) target servers, where there are
transmission failure.
nn) Print the remaining 22 copies of ER and other reports by doing the following:
ii. The PCOS will display a message "PLEASE SELECT WHICH REPORT YOU WOULD
LIKE TO PRINT";
iii. List of reports will de displayed. Press the report that you would like to print;
iv. The PCOS will display "PLEASE ENTER THE NUMBER OF COPIES TO PRINT" with a
numeric keypad;
v. Press the desired number of copies (For ERs, pres 22, for statistics report and audit log,
press 1);
vi. Press "ENTER" button. The PCOS will automatically print the number of copies desired
for the report selected;
vii. The PCOS will display a message "WOULD YOU LIKE TO PRINT MORE COPIES OF
THIS REPORT" with "YES" and "NO" option. Press "NO" option. The PCOS will display the
main menu;
viii. Print 22 copies of ER for local, Statistical Report and Audit Log Report by following steps
(nn) (i) and (ii);
ii. The PCOS will display a message "ARE YOU SURE YOU WANT TO BACK-UP CARD"
with "YES" and "NO" options. Select "YES" option;
iii. The PCOS will display a message "BACKING UP ELECTION DATA. PLEASE WAIT…"
Wait until the message "BACK-UP SUCCESSFUL" is displayed;
iv. The PCOS will display a message "WRITE PROTECTING RESULTS PLEASE WAIT…"
Wait until the message "WRITE PROTECT SUCCESSFUL" The PCOS will automatically
return to Main Menu.
pp) Unless otherwise ordered by the Commission, the BEI shall not stop or postpone the counting
until it has been completed;
qq) In case a PCOS fails to count the vote or transmit/print the results, the Operator shall announce
the error and undertake the necessary corrective measures. Should the Operator be unable to
correct the error, he shall call on the Technical Support personnel assigned to the Voting Center for
assistance. Such fact shall be noted in Minutes.
Section 41. Disposition of Election Returns. - After the printing of the election returns, the BEI shall individually fold
the first eight (8) copies of election returns, seal each of them with serially numbered paper seals, place in the
envelope (A17), and seal the envelopes, for distribution to the following: (As Revised)
iii. Commission;
vi. Dominant minority party as determined by the Commission in accordance with law;
ix. Ten (10) accredited major national parties, excluding the dominant majority and minority parties,
in accordance with a voluntary agreement among them. If no such agreement is reached, the
Commission shall decide which parties shall receive the copies on the basis of the criteria provided
in Section 26 of Republic Act No. 7166;
x. Two (2) accredited major local parties in accordance with a voluntary agreement among them. If
no such agreement is reached, the Commission shall decide which parties shall receive the copies
on the basis of criteria analogous to that provided in Section 26 of Republic Act No. 7166;
xi. Four (4) national broadcast or print media entities as may be equitably determined by the
Commission in view of propagating the copies to the widest extent possible;
xii. Two (2) local broadcast or print media entities as may be equitably determined by the
Commission in view of propagating the copies to the widest extent possible;
xiii. Four (4) major citizens' arms, including the accredited citizens' arm, and other non-partisan
groups or organizations enlisted by the Commission pursuant to Section 52(k) of Batas Pambansa
Blg. 881. Such citizens' arms, groups and organizations may use the four certified copies of election
returns for the conduct of citizens' quick counts at the local or national levels; and
xiv. One (1) to be posted conspicuously on a wall within the premises of the polling place or counting
center.
ii. Commission;
vi. Dominant minority party as determined by the Commission in accordance with law;
vii. One (1) to be posted conspicuously on a wall within the premises of the polling place or counting
center;
x. Two (2) accredited major local parties in accordance with a voluntary agreement among them. If
no such agreement is reached, the Commission shall decide which parties shall receive the copies
on the basis of criteria analogous to that provided in Section 26 of Republic Act No. 7166;
xi. Five (5) national broadcast or print media entities as may be equitably determined by the
Commission in view of propagating the copies to the widest extent possible;
xii. Two (2) local broadcast or print media entities as may be equitably determined by the
Commission in view of propagating the copies to the widest extent possible;
xiii. Three (3) major citizens' arms, including the accredited citizens' arm, and other non-partisan
groups or organizations enlisted by the Commission pursuant to Section 52(k) of Batas Pambansa
Blg. 881. Such citizens' arms, groups and organizations may use the four certified copies of election
returns for the conduct of citizens' quick counts at the local or national levels; and
Section 42. Shutting Down of the PCOS. - After the printing of all reports and transmission of precinct results to all
destinations, the PCOS shall automatically display the main menu. The operator shall then press the SHUTDOWN
option, and the PCOS automatically shutdown. (As Revised)
Section 43. Disposition of PCOS, ballot boxes, Election Returns and other documents. - Upon the termination of the
counting of votes and the announcement of the results of the election in the precinct, the BEI shall:
a) Place inside the ballot box the sealed envelopes containing the following: (As Revised)
ii. Copy of the Minutes of Testing and Sealing; Voting and Counting of Votes intended for the ballot
box;
b) Close the ballot box; lock it with one (1) serially numbered seal with steel wire and three (3) padlocks. The
three (3) keys to the padlocks shall be placed in separate envelopes, which shall be sealed and signed by all
members of the BEI;
c) Remove the main memory from the PCOS, place inside an envelope provided for the purpose, seal the
same. Label the envelope with "TRANSMITTED" or "NOT TRANSMITTED" to show whether the results are
transmitted or not. Indicate in the envelope the clustered precinct number and city/municipality. The labeled
envelope shall be submitted to the Reception and Custody Group of the City/Municipal Board of Canvasser.
The main memory shall be used by the Boards in case of failure of transmission;
e) Deliver the ballot box, accompanied by watchers, to the city or municipal treasurer;
For this purpose, the city/municipal treasurer shall provide at the voting center the necessary personnel and
facilities for said delivery at the expense of the city/municipality.
In case the ballot box delivered by the BEI is not locked and/or sealed, the treasurer shall lock and/or seal
the ballot box. The treasurer shall include such fact, including the serial number of the self-locking serially
numbered fixed length seal used, in his report to the Commission.
i. Book of Voters;
ii. EDCVL;
iii. PCVL;
iv. Three (3) envelopes, each containing a key to a padlock of the ballot box, which shall each be
delivered, under proper receipt, to the Provincial Election Supervisor, Provincial Prosecutor and
Provincial Treasurer;
v. Envelope (A11) containing the copy of the Minutes intended for the Commission;
vi. Envelope (A15) containing the other half of torn unused official ballots;
vii. List of Voters allowed to vote, if any, after 6:00 o'clock in the evening of May 10, 2010;
viii. Envelope containing Initialization Report, Precinct Audit Log Report and Precinct Statistics
Report;
ix. The envelopes containing copies of the election returns intended for the Provincial Board of
Canvassers, Regional Board of Canvassers and the Commission on Elections; and
x. The envelope containing the main memory card for use by the MBOC in case of failure of
transmission;
After the counting of votes, the Provincial Election Supervisor, Election Officer (EO) or the Treasurer, shall
require the BEI which failed to deliver the election documents or paraphernalia mentioned herein to deliver
the same immediately.
ARTICLE VI
COMMON PROVISIONS
Section 44. Preservation of the list of voters. - The EO shall keep the EDCVL and PCVL in a safe place until such
time that the Commission gives instructions on their disposition.
Section 45. Omission or erroneous inclusion of documents in ballot box. - If after locking the ballot box, the BEI
discovers that some documents or articles required to be placed in the ballot box were not placed therein, the BEI,
instead of opening it to place therein said documents or articles, shall deliver the same to the Election Officer. The
Election Officer shall take appropriate measures to preserve the integrity of the documents.
In no instance shall the ballot box be reopened to place therein or to take out there from any document or article
except in proper cases and with prior written authority of the Commission to retrieve copies of the election returns
which will be needed in any canvass. In such instance, the members of the BEI and the watchers shall be notified of
the time and place of the opening of said ballot box. However, if there are other authentic copies of the election
returns outside of the ballot box which can be used in the canvass, such copies of the election returns shall be used
in said canvass and the opening of the ballot box to retrieve copies of the election returns placed therein shall then
be dispensed with.
Section 46. Special procedures. - The express provisions of this Resolution notwithstanding, the Commission may,
in exceptional cases, adopt special procedures in the voting, counting, consolidation, transmission, storage,
custody, distribution and retrieval of accountable forms and paraphernalia to fulfill its constitutional mandate to
ensure free, orderly, honest, peaceful and credible elections.
Section 47. Repealing clause. -This Resolution shall repeal Comelec Resolution No. 8739 promulgated on
December 29, 2009. (New)
Section 48. Effectivity. - This Resolution shall take effect on the seventh (7th) day after its publication in two (2)
daily newspapers of general circulation in the Philippines.
Section 49. Publication and dissemination. - Let the Education and Information Department, this Commission,
cause the publication of this Resolution in two (2) daily newspapers of general circulation in the Philippines and
furnish copies thereof to all Regional Election Directors, Provincial Election Supervisors, Election Officers and
Boards of Election Inspectors. (Renumbered)
SO ORDERED.
RESOLUTION No. 8809
GENERAL INSTRUCTIONS GOVERNING THE CONSOLIDATION/CANVASS, AND
TRANSMISSION OF VOTES AT THE MUNICIPAL/ CITY/ PROVINCIAL AND
DISTRICT BOARDS OF CANVASSERS IN CONNECTION WITH
THE MAY 10, 2010 NATIONAL AND LOCAL ELECTIONS.
The Commission on Elections, hereinafter referred to as the Commission, by virtue of the power vested in it by the
Constitution of the Republic of the Philippines, the Omnibus Election Code, Republic Act No. 9369 and other election
laws, RESOLVED to promulgate as it hereby RESOLVES to promulgate, the following General Instructions Governing
the Consolidation, Transmission, and Canvassing of Votes in connection with the May 10, 2010 National and Local
Elections:
ARTICLE I
THE BOARDS OF CANVASSERS
Section 1. Board of Canvassers. – There shall be a Board of Canvassers in each municipality, city, province, and in each
legislative district comprising two (2) municipalities/cities.
Sec. 2. Supervision and Control. – The Commission on Elections (Commission) shall have direct control and supervision
over the Boards of Canvassers and may motu proprio relieve, for cause, at any time, any member thereof and designate
the substitute.
Sec. 3. Municipal Board of Canvassers. – The Municipal Board of Canvassers (MBOC) shall be composed of the Election
Officer or a representative of the Commission, as Chairman; the Municipal Treasurer, as Vice-Chairman; and the District
School Supervisor, or in his absence, the most senior Principal of the school district, as Member.
Sec. 4. City Board of Canvassers. – The City Board of Canvassers (CBOC) shall be composed of the City Election Officer
or a lawyer of the Commission, as Chairman; the City Prosecutor, as Vice-Chairman; and the Division Superintendent of
Schools, as Member.
In cities with more than one Election Officer, the Commission shall designate the Election Officer who shall act as
chairman.
Sec. 5. Provincial Board of Canvassers. – The Provincial Board of Canvassers (PBOC) shall be composed of the
Provincial Election Supervisor or a representative of the Commission, as Chairman; the Provincial Prosecutor, as Vice-
Chairman; and the District School Superintendent, as Member.
Sec. 6. District Board of Canvassers for the legislative district in Metro Manila. – The District Board of Canvassers
(DBOC) for the legislative district of Metro Manila comprising two (2) cities or municipalities shall be composed of the
City Election Officer or a lawyer of the Commission, as chairman, the city prosecutor, as vice-chairman, and the city
superintendent of schools, as member.
Sec. 7. Consolidation and Canvassing System (CCS) Operators. – Each board of canvassers shall be assisted by an
information technology-capable person authorized to operate the CCS, to be known as CCS operator. The CCS operator
shall be deputized by the Commission from among the agencies and instrumentalities of the government, including
government-owned and controlled corporations.
The CCS operators shall be designated by the Provincial Election Supervisor concerned, in the case of the city/municipal
board of canvassers outside the National Capital Region (NCR), and by the NCR Regional Election Director in the case of
the city, municipal and district board of canvassers in the NCR. The Regional Election Director concerned shall designate
the CCS operator in the case of the provincial boards of canvassers in regions outside the NCR.
The per diem of the CCS operator shall be the same as that of the members of the board of canvassers.
The CCS operator must neither be related within the fourth civil degree of consanguinity or affinity to any member of the
BOC which he will assist or to any of the candidate whose votes shall be canvassed by the BOC which he will assist.
Sec. 8. Substitution of chairman and members of the Board. – In case of non-availability, absence, disqualification due to
relationship, or incapacity for any cause, of a Chairman who is required to be a lawyer, a ranking lawyer of the
Commission shall be appointed as substitute.
With respect to the other members of the Board, the Commission shall appoint as substitute the following in the order
named: the Provincial Auditor, the Register of Deeds, the Clerk of Court nominated by the Executive Judge of the
Regional Trial Court, and any other available appointive provincial official, in the case of PBOC; the officials in the city
corresponding to those enumerated, in the case of the city board of canvassers; and the Municipal Administrator, the
Municipal Assessor, the Clerk of Court of the Municipal Trial Court nominated by the Executive Judge of the Municipal
Trial Court, or any other available appointive municipal officials, in the case of the municipal board of canvassers.
As substitute of the two (2) members of the DBOC of the legislative districts in Metro Manila, the Commission shall
appoint the next ranking prosecutor or district supervisor, as the case may be, in the district.
The authority to appoint substitute members of the Boards shall be vested in the following:
b) Provincial Election Supervisor, for the CBOC and MBOC in his province; and
c) Regional Election Director of the National Capital Region, for the DBOC/MBOC/CBOC in his region.
The Regional Election Director or the Provincial Election Supervisor, as the case may be, shall, within twenty-four (24)
hours from issuance of the appointment of a substitute, inform in writing the Office of the Executive Director of the
Commission of such appointment and the reason for such substitution.
Sec. 9. Secretary of the Board. – The district school supervisor, or the principal, the city or provincial superintendent of
schools, as the case may be or any representative of the Department of Education shall act as Secretary of the Board,
unless otherwise ordered by the Commission. He shall prepare the minutes of the Board by recording therein the
proceedings and such other incidents or matters relevant to the canvass.
ARTICLE II
COMMON PROVISIONS
Sec. 10. Notice of meetings of the Boards. – Not later than May 5, 2010, the Chairman of the Board shall give written
notice to its members and to each candidate, political party or coalition of political parties fielding candidates (hereinafter
referred to as political party), and party, organization/coalition participating under the party-list system (hereinafter
referred to as party-list groups) of the date, time and place of the canvassing, which shall be held, unless otherwise
ordered by the Commission, in the session hall of the Sangguniang Bayan/ Panlungsod/ Panlalawigan.
Notices of the canvassing shall be posted in the offices of the Election Officer/Provincial Election Supervisor, as the case
may be, and in three (3) conspicuous places in the building where the canvass will be held.
Similar notices shall also be given for subsequent meetings unless notice has been given in open session. Proof of service
of notice to each member, candidate, political party fielding candidates and party-list groups shall be attached to and form
part of the records of the proceedings. If notice is given in open session, such fact shall be recorded in the minutes of the
proceedings.
Failure to give notice of the date, time and place of the meeting of the Board is an election offense under Sec. 261 (aa) (1)
of the Omnibus Election Code.
Sec. 11. Convening of the Boards. – The Boards shall convene at 12:00 o’clock noon of May 10, 2010 at the designated
place to initialize the CCS and to receive and canvass the electronically-transmitted Election Returns (ERs) or the
Certificates of Canvass (COCs). It shall meet continuously until the canvass is completed, and may adjourn only for the
purpose of awaiting the other ERs/COCs.
Sec. 12. Absence of a regular member of a Board. – In case a regular member of a Board is absent, the members present
shall first verify whether notice has been served on the absent member. In case no such notice was sent, one shall be
immediately served on the absent member. If the latter cannot be located or his whereabouts are unknown, he shall be
substituted. These facts shall be recorded in the minutes of the Board. As soon as the absent member appears, the
substitute member shall relinquish his seat in favor of the regular member.
Sec. 13. Prohibited degree of relationship. – The Chairman and Members of the Board shall not be related within the
fourth civil degree of consanguinity or affinity to each other or to any of the candidates or party-list nominees whose votes
will be canvassed by said Board.
Sec. 14. Prohibition against leaving official station. – During the period beginning May 10, 2010 until the proclamation of
the winning candidates, no member or substitute member of the Board shall be transferred, assigned or detailed outside of
his official station nor shall he leave said station without prior authority of the Commission. Such authority may be
granted by the Provincial Election Supervisor in the case of MBOC or CBOC; and by the Regional Election Director in
the case of PBOC DBOC. In either case, a written report shall be submitted to the Law Department.
Sec. 15. Feigned illness. – Any member of the Board feigning illness in order to be substituted on election day until the
proclamation of the winning candidates shall be guilty of an election offense.
Sec. 16. Incapacity of a regular Board member. – In case of sickness or serious injury of a regular member of the Board, a
medical certificate shall be required attesting to the incapacity of said member. Upon submission of the medical
certificate, a substitute shall be appointed. Said medical certificate shall be recorded in and form part of the minutes of the
Board.
Sec. 17. Quorum. – A majority of the members of the Board shall constitute a quorum for the transaction of business, and
a majority vote of all members thereof shall be necessary to render a decision.
Sec. 18. Powers and functions of the Board. – The Board shall have full authority to keep order within the canvassing
room or hall including its premises and enforce obedience to its lawful orders. If any person shall refuse to obey any
lawful order of the Board or shall conduct himself in such disorderly manner as to disturb or interrupt its proceedings, the
Board may order in writing a peace officer/soldier to take such person into custody until adjournment of the meeting. In
the absence of any peace officer, any other competent and able person deputized by the Board in writing, may execute
such order.
Sec. 19. Right to be present and to counsel during the canvass. – Each registered political party, or coalition of political
parties fielding candidates, accredited political parties, sectoral party/organization or coalition thereof participating under
the party-list system and every candidate has the right to be present and to counsel during the consolidation/canvass of the
ERs or COCs: Provided, that only one (1) counsel may argue for each party or candidate. They shall have the right to
observe the transmission, consolidation and canvass of the ERs or COCs without touching the CCS, make observations
thereon, and file their challenges in accordance with the rules and regulations of the Commission. The Board shall not
allow any dilatory action.
Sec. 20. Watchers. – Each registered political party, or coalition of political parties fielding candidates, accredited political
parties, sectoral party/organization or coalition thereof participating under the party-list system and every candidate, shall
be entitled to one watcher in every canvassing center. Provided that the candidates for the Sangguniang Bayan,
Sangguniang Panlungsod, or Sangguniang Panlalawigan belonging to the same slate or ticket shall collectively be entitled
to only one watcher.
There shall also be recognized six (6) principal watchers, representing the six (6) accredited major political parties, who
shall be designated by the Commission upon nomination of the said parties.
The citizens’ arm accredited by the Commission, and civic, religious, professional, business, service, youth and other
similar organizations shall collectively, with prior authority of the Commission, be entitled to two (2) watchers to serve
alternately.
A person convicted by final judgment of any election offense or of any other crime or related to any member of a Board
within the fourth civil degree of consanguinity or affinity shall not be appointed as watcher.
A watcher must know how to read and write Pilipino, English or any of the prevailing local dialects.
Under no circumstance shall barangay officials including barangay tanods be appointed as watchers. The watchers shall
have the right to:
a) Be present at, and take note of, all the proceedings of the Board;
b) Stay behind the Chairman of the Board near enough to be able to observe the consolidation/canvass of the ERs/COCs
without touching the CCS; and
c) File a protest against any irregularity noted in consolidation/canvass of the ERs/COCs and obtain from the Board a
resolution thereon in writing.
Sec. 21. Persons not allowed inside the canvassing room. – During the canvass, it shall be unlawful for the following to
enter the room where the transmission, consolidation and canvass are being held or to stay within a radius of fifty (50)
meters from such room:
c) Any peace officer or any armed or unarmed persons belonging to an extra-legal police agency, special forces, strike
forces, or civilian armed forces geographical units;
e) Any member of the security or police organizations of government agencies, commissions, councils, bureaus, offices,
instrumentalities, or government-owned or controlled corporations or their subsidiaries; or
f) Any member of a privately owned or operated security, investigative, protective or intelligence agency performing
identical or similar functions.
However, the Board may, whenever necessary, by majority vote direct in writing for the detail of policemen or peace
officers for their protection or for the protection of the machines, election documents and paraphernalia, or for the
maintenance of peace and order, in which case said policemen or peace officers, who shall be in proper uniform, shall stay
outside the room but near enough to be easily called by the Board at any time.
Sec. 22. Reception and Custody Group. – The Board may constitute a Reception and Custody Group (RCG) for the
reception and safekeeping of main memory card and of the hardcopies of ERs, at the rate of one (1) RCG for every five
hundred (500) clustered precincts in the city/municipality/district or one (1) RCG for each province for the reception and
safekeeping of the hardcopies of COCs and SOVs.
For this purpose, the Election Officer or the Provincial Election Supervisor shall provide the RCG with the Project of
Precincts of the city/municipality/district or the list of municipalities/cities in the province, as the case may be.
The RCG shall be composed of not more than two (2) members who are government appointive officials. They shall be
designated by the concerned chairman of the Board and shall receive honoraria computed as that of the members of the
Board.
In no case shall casual employees or employees of the Offices of the Provincial Governor, or City/Municipal Mayor, or
Punong Barangay, or the corresponding Sanggunians be appointed/designated as a member of the RCG.
The members of the RCG shall not be related to each other or to any member of the Board or to any candidate whose
votes will be canvassed by the Board, within the fourth civil degree of consanguinity or affinity.
Sec. 23. Duties and Responsibilities of the Reception and Custody Group. – The RCG shall:
a) Receive from:
1) The BEI, the envelope containing the main memory card of PCOS labelled “TRANSMITTED” or “NOT
TRANSMITTED, and the envelopes containing the printed copies of the ERs intended for city/municipal Board of
Canvassers (C/MBOC);
2) The C/MBOC, the envelope containing the CD of the municipal/city CCS labelled “TRANSMITTED” or “NOT
TRANSMITTED”, and the envelope containing the printed copy of the COC intended for the Provincial Board of
Canvassers;
b) Log the date and time of receipt, the condition and serial numbers of each envelope and its corresponding paper seal,
the precinct number, and the city/municipality/district of the ERs/COCs ;
c) Mark:
1) In the project of precincts the corresponding precincts which envelope containing the main memory card labelled
“NOT TRANSMITTED”;
2) In the list of cities/municipalities the corresponding city/municipality which envelope containing the CD of the CCS
labelled “NOT TRANSMITTED”;
2) condition and the serial number of corresponding paper seal of the envelope:
e) Immediately submit to the Board after recording the necessary data the envelope containing the main memory card/CD
labelled “NOT TRANSMITTED”;
f) Log the date and time of receipt, the condition and serial numbers of each envelope and its corresponding paper seal,
the precinct number, and the city/municipality/district of the ERs/COCs ;
g) Place the envelopes containing the ERs/COCs inside the ballot box, close and lock the same with padlocks; and
h) Forward to the Board, the ballot boxes containing the ERs/ COCs and one copy of the list of precincts/ list of
cities/municipalities/districts as marked.
i) Follow steps b to d of this section for the envelopes containing memory card/CD labelled “TRANSMITTED” and
thereafter, submit to the Board.
Sec. 24. Issues that may be raised during the consolidation/canvass. — Issues affecting the composition or proceedings of
the Boards may be initiated by filing a verified petition before the Board or directly with the Commission.
If the petition is filed directly with the Board, its decision may be appealed to the Commission within three (3) days from
issuance thereof. However, if commenced directly with the Commission, the verified petition shall be filed immediately
when the board begins to act illegally, or at the time of the appointment of the member of the board whose capacity to sit
as such is objected to.
There shall be no pre-proclamation cases on issues/controversies relating to the generation/printing, transmission, receipt
and custody and appreciation of ERs or the COCs.
Sec. 25. Submission of the Minutes of Canvass of the Board. — Within five (5) days from termination of canvass, the
members-secretaries of the Board shall, by registered mail, submit to the Law Department of the Commission in Manila a
certified copy of the Minutes of Canvass of the proceedings and shall notify by telegram said department of the date and
the manner of transmittal of the Minutes of Canvass.
ARTICLE III
PROCEDURES FOR CANVASSING/CONSOLIDATION
Sec 26. Preliminaries to Canvassing - Before the canvassing begins, the BOC shall observe the following procedures:
a) Show to the public and the watchers present that the CCS box is sealed;
1.1 Laptop
1.2 Secure Digital (SD) card (installed)
1.3 Power cable of the laptop
1.4 Electrical adaptor of the laptop
1.5 SIM cards (number of SIM card will depend on the location)
1.6 Three(3) USB Security Tokens with label
1.7 USB Modem
1.8.USB Extension cable
2) Three (3) envelopes with label each containing one (1) username, and two (2) passwords:
e) Retrieve the envelope containing the username and passwords of each member of the Board and the USB tokens and
distribute the same among themselves;
f) Retrieve the CCS laptop from its box and place the CCS laptop properly on top of the table;
Sec. 27. Procedures for canvassing. — Immediately after convening, the Board shall receive from the RCG the envelope
containing memory card for PCOS labeled “NOT TRANSMITTED” and undertake the following canvassing procedures:
a) INITIALIZATION PROCEDURES:
1.1. Plug the power cord of the laptop to the extension code;
1.2. Plug the extension cord to the electrical outlet or generator, when necessary;
1.4. The screen will display the WELCOME page of the CCS. Click on “ENTER” button.
1.5. Connect the USB modem extension cable to the USB port of the laptop.
1.6. Install the available SIM card provided in the USB modem.
1.7. Connect the transmission medium (e.g. USB modem, DSL, Satellite or BGAN) to the USB modem
extension cable. Wait for one (1) minute.
1.8. Click on the network icon located at the lower right corner of the screen. Click the appropriate
wireless provider. Wait until a message “CONNECTION ESTABLISHED” is displayed at the top of the
screen.
1.9. If the USB modem cannot be established, and BGAN kit is available:
1.9.1. Install the BGAN SIM card in the BGAN SIM card slot.
1.9.3. Connect the power adaptor to the 2-pin cord then to the electrical outlet. If needed, use the
electrical extension cord.
1.9.5. Connect the BGAN to the laptop using the network cable.
1.9.6. Place the BGAN to an outdoor location with a clear sight facing the sky
1.9.9. Ensure that the BGAN is connected to the satellite provider. (Follow installation procedure)
1.9.10. The connection icon on the lower right should indicate a successful network connection.
“Eth0 Connected”
1.10. If the connection cannot be established using USB modem or BGAN and VSAT or DSL is
available:
1.10.2. Plug RJ-45 cable at the Ethernet port at the back of the CCS laptop.
1.10.3 For VSAT ensure that the VSAT is connected to the satellite provider. (Follow installation
procedure.)
1.10.4 The connection icon on the lower right should indicate a successful network connection.
“Eth0 Connected”.
1.11. Connect the printer cable to the USB port of the laptop and the power cable of the printer to the
extension cord;
1.14. Click on “ENTER” button in the WELCOME page of the CCS. The LOG INTO THE SYSTEM
screen will be displayed;
1.15. Request the Chairman to enter his username and password in the space provided;
1.16. Click “ACCEPT” button. The screen will display the “MASTER SWITCH”;
1.17. Request the Chairman again to enter his username and password in the space provided.
1.18. Click “ACCEPT” button. The screen will display the dialogue box;
1.19. Request any member of the Board, aside from the Chairman, to insert his USB token in the USB
slot of the laptop, type the username and security key password in the space provided. Thereafter, click
“OK” button.
1.21. Print the “INITIALIZATION REPORT” by clicking the printer icon on the upper left corner of the
PRINT PREVIEW page. Wait for the printer dialogue box to be displayed. Then click the “OK” button
located at the lower right corner of the screen;
1.22. After printing the “INITIALIZATION REPORT”, click on the “CONTINUE” button in the lower
portion of the screen and wait for the WELCOME page to appear;
1.23. Remove the USB token from the USB slot;
1.24. Click the “CONTINUE” button located at the bottom of the screen. The WELCOME page will be
displayed;
1.25. The members of the Board shall sign and affix their thumbmarks on the certification portion of the
“Initialization Report”.
2. After signing and affixing their thumbmarks on the certification portion of the “INITIALIZATION REPORT”,
the Chairman show to the public the “INITIALIZATION REPORT”; and
3. The Member Secretary shall place the “INITIALIZATION REPORT” in the envelope intended for the purpose.
After initializing the CCS, in the “WELCOME” page, the CCS operator shall:
3. Request the Chairman to enter his username and password in the space provided and click on “ACCEPT” button.
The screen will display the “HOME PAGE”.
c) MONITORING OF RESULTS
MBOC/CBOC
1. Click on the “MONITORING” option in the “HOME PAGE”, then click on “MONITOR RESULTS
TRANSMISSION”.
A list of barangays for the city/municipality shall be displayed with colored button beside the name of the
barangay. The color of the button will determine the status of transmission of the specific barangay or polling
center or clustered precinct/precinct. Red means that transmission has not yet started; Yellow means that
transmission is on-going; Gray means that transmission is idle; and Green means that the transmission has been
completed.
2. To monitor the transmission from a particular voting center under a barangay, click on the “BARANGAY
NAME”, and a list of voting centers will appear;
3. To monitor the transmission from a particular precinct/ clustered precincts under a voting center, click on the
VOTING CENTER where the precinct/clustered precincts concerned belong;
4. To update the status of transmission from the PCOS or from a clustered precinct from time to time, click on the
“UPDATE” button located at the bottom of the screen.
PBOC/DBOC
1. Click on the “MONITORING” option in the “HOME PAGE”, and then click on “MONITOR RESULTS
TRANSMISSION”.
A list of cities and municipalities in the province shall be displayed with colored button beside the name of the
city/municipality. The color of the button will determine the status of transmission of the specific
city/municipality. Red means that transmission has not yet started; Yellow means that transmission is on-going;
Gray means that transmission is idle; and Green means that the transmission has been completed.
2. To monitor the transmission from a particular city/municipality, click on the city/municipality name and click on
the board of canvasser’s name. The status of the results will be displayed;
3. Update the transmission status from a city/municipal CCS from time to time, by clicking on the “UPDATE”
button.
In case the Board receives from the RCG an envelope labeled with “NOT TRANSMITTED”, the Board shall open the
said envelope, retrieve the memory card and give the same to the CCS Operator. The CCS Operator shall:
2. Insert the main memory card in the main memory card reader.
3. Click on “ADMINISTRATION” in the “HOME PAGE” screen. Administration options will be displayed.
4. Click on “LOAD PCOS RESULTS”. The CCS will display input box dialogue box for “EML FILE INPUT”.
5. Request any member of the Board to insert his USB token in the USB slot of the laptop, type the username and
security key password in the space provided. Thereafter, click “OK” button.
7. Request another member of the Board to insert his USB token in the USB slot of the laptop, type the username
and security key password in the space provided. Thereafter, click “OK” button. The CCS will display input box
for “EML FILE”.
8. Click on “BROWSE” button. The CCS will display the “FILE UPLOAD” dialogue box.
9. Click on the directory for card reader (MEDIA) at the left pane of the dialogue box.
10. Click “RESTRANS” file from the list of files at the right pane of the dialogue box and click on “OPEN” button.
12. Wait until the processing is finished. HOMEPAGE will be displayed with a message “THE ELECTION
RETURN WAS SUCCESSFULLY PROCESSED”.
13. Remove the main memory card from the memory card reader and return it to its original envelope and change its
label to “TRANSMITTED”
All memory cards that have already been processed shall be submitted to the Election Officer for safekeeping.
14. Repeat steps 2 to 13 until all main memory cards contained in envelopes labeled “NOT TRANSMITTED” are
processed.
15. Remove the main memory card reader from the laptop.
DBOC/PBOC
In case the Board receives from the RCG an envelope labeled “NOT TRANSMITTED”, the Board shall open the said
envelope, retrieve the CD and give the same to the CCS Operator. The Operator shall:
2. Click on “ADMINISTRATION” in the “HOME PAGE” screen. The CCS will display at the right side of the
screen, the options for “ADMINISTRATION” ;
3. Click on “LOAD CCS RESULTS”. The CCS will display dialogue box.
4. Request any member of the Board to insert his USB token in the USB slot of the laptop, type the username and
security key password in the space provided. Thereafter, click “OK” button.
6. Request another member of the Board to insert his USB token in the USB slot of the laptop, type the username
and security key password in the space provided. Thereafter, click “OK” button. The CCS will display input box
for “EML FILE”.
7. Click on “BROWSE” button. The CCS will display the “FILE UPLOAD” dialogue box.
11. Click on the file named “station_tally.DD.MM.YYYY.HH.mm.ss” and click on the “OPEN” button.
15. Repeat steps 2 to 14 until all the CD’s labeled “NOT TRANSMITTED” are processed.
The CCS operator shall generate Canvass Report before generating and printing COC. For this purpose, the CCS operator
shall:
Before a Certificate of Canvass can be generated and printed, the CCS operator must first generate and print a
consolidated Canvass Report. For this purpose, the CCS operator shall:
1.2. Click the “GENERATE CONSOLIDATED CANVASS REPORT”. A dialogue box will be displayed
requiring the insertion of security tokens;
1.3. Request any member of the Board to insert his USB token in the USB slot of the laptop, and to type
his username and security key password in the space provided. Thereafter, click “OK” button;
1.5. Request another member of the Board to insert his USB token in the USB slot of the laptop, and to
type his username and security key password in the space provided. Thereafter, click “OK” button;
1.7. The CCS shall automatically generate the Canvass Report for all positions;
1.8. The print preview will appear. Click on the printer icon. Click “OK” button; and
2.1. If all expected clustered precincts (for C/MBOC) or city/municipal results (for PBOC/DBOC) have
been received, the Board shall generate the COC. For this purpose, the CCS operator shall:
2.2. If not all of the expected results are received, the MBOC/CBOC/DBOC shall verify from the BEI
concerned the reason for the non-transmittal of the results. Likewise, the PBOC shall verify from the
MBOC/CBOC concerned the reason for the incomplete or non-transmittal of the municipal/city results.
If, based on the verification, it becomes clear that there is no way that the lacking results can be
transmitted to the MBOC/CBOC/DBOC or PBOC, as the case may be, and said results will no longer
affect the result of the election in a particular position, the Board shall, generate and print the certificate of
canvass by position. For this purpose, the CCS operator shall:
e. Select the position, the COC of which you wish to generate. A dialog box will be displayed
requiring the insertion of security tokens;
f. Request any member of the Board to insert his USB token in the USB slot of the laptop, and to
type his username and security key password in the space provided. Thereafter, click “OK”
button;
h. Request another member of the Board to insert his USB token in the USB slot of the laptop, and
to type his username and security key password in the space provided. Thereafter, click “OK”
button;
i. Remove the USB token from the USB slot. The CCS shall automatically generate the COC for
the position selected;
j. The print preview will appear. Click on the printer icon, then type “8” in space provided for the
number of copies to be printed. Then click “OK”;
l. To generate the COC for the next position, repeat procedures (c) to (i).
2.3. If, based on the verification, it becomes clear that there is no way for the lacking results to be
transmitted to the MBOC/CBOC/DBOC or PBOC, as the case may be, and said results will affect the
standing of the candidates in a particular position, the Board shall, through the Information Technology
Department, ask from the Commission authority to generate and print the certificate of canvass for that
particular position and to proclaim as winners, the candidates whose standing are not affected by the
lacking results.
f) TRANSMISSION OF RESULTS
After generating and printing eight (8) copies of the COCs for all positions and announcing the results, the Board, through
the CCS operator, shall immediately transmit the COCs to the Canvassing Boards concerned, and to the central server.
The CCS operator shall
2. Click “TRANSMIT RESULTS” option in the HOME PAGE. Wait until all positions are listed in the top of the
screen with a message “SUCCESSFULLY TRANSMITTED”
3. Click “ACCEPT” button. The CCS will automatically display the “HOMEPAGE”
After transmission of the COCs to the Canvassing Boards concerned and to the central server, the CCS operator shall:
b. Click the “GENERATE CERTIFICATES OF CANVASS (COC)”. A dialogue box will be displayed requiring the
insertion of security Tokens;
c. Select the position, the COC of which you wish to generate. A dialog box will be displayed requiring the insertion
of security tokens;
d. Request any member of the Board to insert his USB token in the USB slot of the laptop, and to type his username
and security key password in the space provided. Thereafter, click “OK” button;
f. Request another member of the Board to insert his USB token in the USB slot of the laptop, and to type his
username and security key password in the space provided. Thereafter, click “OK” button;
g. Remove the USB token from the USB slot. The CCS shall automatically generate the COC for the position
selected;
h. The print preview will appear. Click on the printer icon, then type “22” in space provided for the number of
copies to be printed. Then click “OK”;
j. To generate the COC for the next position, repeat procedures (c) to (i).
2. Click the “GENERATE CONSOLIDATED STATEMENT OF VOTES (SOV)”, then a dialog box will appear;
3. Request any member of the Board to insert his USB token in the USB slot of the laptop, type the username and
security key password in the space provided. Thereafter, click “OK” button;
5. Request another member of the Board to insert his USB token in the USB slot of the laptop, type the username
and security key password in the space provided. Thereafter, click “OK” button;
7. The print preview of the SOV will be displayed. Click on the printer icon, then type 4 in space provided for the
number of copies. Then click “OK”; and
2. Click the “GENERATE CERTIFICATES OF CANVASS AND PROCLAMATION”. A dialog box will appear.
3. Request any member of the Board to insert his USB token in the USB slot of the laptop, type the username and
security key password in the space provided. Thereafter, click “OK” button;
5. Request another member of the Board to insert his USB token in the USB slot of the laptop, type the username
and security key password in the space provided. Thereafter, click “OK” button;
7. The screen for “GENERATE CERTIFICATES OF CANVASS AND PROCLAMATION (COCP) 1” will be
displayed. Click on the specific position to generate its COCP.
7.1. In case there are no candidates receiving the same number of votes for a position. The screen will
display the list of names of candidates for said position arranged in the order depending on the votes
garnered from highest to lowest. Click “ACCEPT” button located at the bottom of the screen. The CCS
shall generate COCP.
a. The list of names of candidates for said position arranged in the order depending on the votes
garnered from highest to lowest;
b. A radio button at the rightmost column of the same row with the name of the candidates;
c. Two command buttons at the left pane of the screen. Use to move up or move down the name of a
candidate in the list; and
d. “ACCEPT DEFINED ORDER” check box at the center before the list of the names of candidates.
Before clicking the “ACCEPT” button, the Board shall first decide who the winners are for the
particular position. For this purpose, the Board shall, after recording in its Minutes the fact of
having candidates receiving the same number of votes for the position, immediately notify the
said candidates to appear before the Board for the drawing of lots to break the tie. The drawing of
lots should be conducted within one (1) hour after issuance of notice by the Board to the
candidates concerned.
For this purpose, the candidates or their representatives for municipal/city or Member, House of
Representative positions, in the case of MBOC/CBCOC/DBOC, or the candidates or their
representatives for provincial positions and Member, House of Representatives, in the case of
PBOC, are hereby required to be present at all stages of the canvass. After the Board has
determined the winner/s, the Board shall arrange in the CCS the order of the names of the
winning candidate/s.
8. To arrange the order of the name of the candidate in the list, the Operator shall:
8.1 Click on the radio button located at the same row with the candidate name to move up the name of the
winning candidate, if needed;
8.3 After completing the arrangement of winners with a tie votes, tick on the box beside the command
“ACCEPT DEFINED ORDER” located at the top of the screen;
8.4 Click on the “ACCEPT” button. The screen will display the list of names of candidates for said
position arranged in the order selected;
8.6 The CCS shall display the names of winning candidates arranged in the order selected and generate
COCP.
10. The candidate who won in the drawing of lots and so proclaimed shall have the right to assume office in the same
manner as if he had been elected by plurality of votes
11. Click “PRINT” button found at the bottom of the screen. The print preview of the COCP will be displayed. Click
on the printer icon, then type 17 in the space provided for the number of copies. Then click “OK”;
12. Repeat procedures 2 to 11 until all positions are generated with COCP.
3. Request the Chairman of the Board to insert his USB token in the USB slot of the laptop, type the username and
security key password in the space provided. Thereafter, click “OK” button;
Immediately after printing copies of the COCs, SOVs and COCP, the Board shall:
1. Affix their signatures and thumb marks on the printed COCs, SOVs and COCP;
2. Ask the watchers present to affix their signatures and thumb marks on the printed COCs, SOV and COCP;
3. The Chairman of the Board shall publicly announce the total number of votes received by each candidate, stating
their corresponding offices;
4. The Member-Secretaries shall announce the posting of the COCs on the wall within the premises of the
canvassing area;
5. The Member-Secretaries shall place in the corresponding envelopes with paper seals all reports.
l) BACK-UP
After all the results have been successfully transmitted, the CCS Operator shall:
3. Click “BACK-UP RESULTS CCS FILES”. Wait until the back up process is finished;
4. The CCS will display the list of positions with reports generated and a message “SUCCESSFULLY
PROCESSED CD BACKUP REQUEST” at the top of the screen.
6.1. Place inside an envelope provided for the purpose and seal the same;
6.2. Label the envelope with “TRANSMITTED” or “NOT TRANSMITTED” to show whether the results
are transmitted or not;
6.4. Sign the envelope; (Note: The CD shall be used by the Boards in case of failure of transmission)
9. Submit to the Reception and Custody Group of the Provincial Board of Canvasser (for C/MBOC)/National Board
of Canvassers (for PBOC).
The two (2) discs used to back-up the city/municipal or provincial results, duly sealed shall be submitted to the
PBOC/CONGRESS and Commission.
After printing of all the reports and transmission of the municipal/city/district/provincial results to all destinations, the
following shall be undertaken:
2. Press the power button. The screen will display a message “SHUT DOWN THE COMPUTER;
ARTICLE IV
DISTRIBUTION OF THE COCs, COCPs and SOVs
Sec. 28. Distribution of COCs. — Upon completion of the canvass, the Boards shall distribute the COCs as follows:
a) In case of MBOC/CBOC/DBOC:
1. The first copy shall be delivered to the PBOC for use in the canvass of election results for president, vice-
president, senators, members of the House of Representatives, parties, organizations or coalitions
participating under the party-list system, and elective provincial officials;
6. The sixth copy to be posted on a wall within the premises of the canvassing center;
7. The seventh and eighth copies shall be given to the dominant majority and minority parties;
8. The ninth to eighteenth copies shall be given to the ten (10) accredited major national parties, excluding
the dominant majority and minority parties, in accordance with a voluntary agreement among them.
If no such agreement is reached, the Commission shall decide which parties shall receive the copies on
the basis of the criteria provided in Section 26 of Republic Act No. 7166;
9. The nineteenth and twentieth copies shall be given to the two accredited major local parties in accordance
with a voluntary agreement among them. If no such agreement is reached, the Commission shall decide
which parties shall receive the copies on the basis of criteria analogous to that provided in Section 26 of
Republic Act No. 7166;
10. The twenty-first to the twenty-fifth copies, to national broadcast or print media entities as may be
equitably determined by the Commission in view of propagating the copies to the widest extent possible;
11. The twenty-sixth and twenty-seventh copies, to local broadcast or print media entities as may be equitably
determined by the Commission in view of propagating the copies to the widest extent possible; and
12. The twenty-eighth to the thirtieth copies, to the major citizens' arms, including the accredited citizens'
arm, and other non-partisan groups or organizations enlisted by the Commission pursuant to Section 52(k)
of Batas Pambansa Blg. 881. Such citizens' arms, groups and organizations may use the three certified
copies of ERs for the conduct of citizens' quick counts at the local or national levels.
b) In case of PBOC or CBOC of cities comprising one or more legislative districts, and DBOC.
1. The first copy shall be sent to Congress, directed to the President of the Senate for use in the canvass election
results for President and Vice-President;
2. The second copy shall be sent to the Commission for use in the canvass of the election results for senators;
4. The fourth copy shall be given to the citizens' arm designated by the Commission to conduct an unofficial count.
It shall be the duty of the citizens' arm to furnish independent candidates copies of the COC at the expense of the
requesting party;
6. The sixth copy to be posted on a wall within the premises of the canvassing center;
7. The seventh and eighth copies to the dominant majority and minority parties;
8. The ninth and tenth copies to two accredited major national parties representing the majority and the minority,
excluding the dominant majority and minority parties, to be determined by the Commission on the basis of the
criteria provided in Section 26 of Republic Act No. 7166;
9. The eleventh to thirteenth copies to national broadcast media entities as may be equitably determined by the
Commission in view of propagating the copies to the widest extent possible;
10. The fourteenth copy to another citizens' arm or in the absence thereof, to a non-partisan group or organization
enlisted by the Commission pursuant to Section 52(k) of Batas Pambansa Blg. 881. Such citizens' arm or non-
partisan group or organization may use the copy of election return for the conduct of citizens' quick count;
11. The board shall also print four (4) copies of the Statement of Votes by City/Municipality, and each copy shall be
attached to the COCs intended for the Congress, National Board of Canvasser, PBOC, and the Election Records
and Statistics Department.;
12. The COC and Statement of Votes shall be signed and thumb marked by the chairman and members of the PBOC,
and the watchers, if available. Thereafter, all copies, with their respective supporting documents, shall each be
sealed with a serially numbered paper seal (CEF No.12) and placed inside their corresponding envelopes. Each
envelope shall likewise be sealed with a serially numbered paper seal;
13. The three (3) discs used to back-up the municipal/city consolidated results shall also be placed individually inside
an envelope, duly sealed, and submitted to the Congress, Commission, and Election Records and Statistics
Department
Sec. 29. Distribution of COCPs and SOVs. – The Board shall generate and print sufficient copies of the COCP and SOV
to be distributed as follows:
a) MBOC/CBOC
2. For posting;
3. Chairman, MBOC/CBOC;
5. Municipal Treasurer;
The copies of the COCP for 1, 2, 3, 4, and 5 shall be supported by a Statement of Votes by precinct containing the total
number of votes obtained by each candidate in each precinct and the grand total they obtained in the entire
municipality/city/district. Said documents shall be signed and thumb marked by the chairman and members of the
MBOC/CBOC.
Copies 1, 3, 4 and 5 shall be individually folded from top to bottom, sealed with serially numbered paper seals (CEF No.
12) and placed inside their corresponding envelopes, which shall likewise be sealed with serially numbered paper seals.
The USB Key used to back-up the election return/precinct consolidated results will be placed inside an envelope, duly
sealed, and submitted to the PBOC.
b) FOR CBOC IN CITIES COMPROMISING ONE OR MORE LEGISLATIVE DISTRICTS/ HIGHLY URBANIZED
CITIES
The first copy shall be and placed in the corresponding envelope, together with a copy of the Statement of Votes
by precinct.
The second copy shall be posted on the bulletin board of the city hall.
2.7. One copy for posting on the bulletin board of the city hall.
The first five (5) copies shall be separately folded and placed in their corresponding envelopes.
A copy of the Statement of Votes by precinct shall be attached to the copies for the Secretary of the Sangguniang
Panlungsod, Chairman of the CBOC, and the Commission.
c) PBOC
1. To the ERSD;
2. To the Chairman of the PBOC;
3. To the Secretary of the Sangguniang Panlalawigan;
4. To the Regional Election Director; and
5. To each of the winning candidates.
The Certificate of Canvass and Proclamation (COCP) shall be signed and thumbmarked by the chairman and members of
the PBOC, and the watchers, if available.
The PBOC shall also print three (3) copies of the supporting Statement of Votes by City/Municipal, and shall be attached
to copies (1), (2) and (3) of the Certificate of Canvass and Proclamation. Copies (1), (2), (3) and (4) shall then be
individually folded from top to bottom, sealed with paper seals such that the certificates cannot be opened without
breaking the seal, and placed inside their respective envelopes which shall likewise be sealed with paper seals.
ARTICLE V
POST CANVASSING PROCEDURES
Sec. 30. Delivery of the Certificate of Canvass. – The Chairman of the Boards shall personally deliver by fastest means
the hard copies of COCs and SOVs including the back-up CDs to the following:
a) In case of MBOC/CBOC:
1. To the PBOC, a copy of the Certificate of Canvass for President and Vice-President, Senator, Party-List,
Member, House of Representatives, Governor, Vice-Governor and Sangguniang Panlalawigan;
b) In case of PBOC, CBOC in cities comprising two or more legislative districts, and DBOC :
1. To Congress sitting as the National Board of Canvassers a copy of the Certificate of Canvass for the
President and Vice-President; and
2. To the Commission sitting as the National Board of Canvassers for Senator and Party-List.
Sec. 31. Safekeeping of hard copies of ERs or COCs, back-up CDs and CCS. – The Boards shall place the ERs/COCs in
ballot boxes that shall be locked with three padlocks and one serially numbered self-locking seal. The members of the
Board shall each keep a key to the three (3) padlocks. The serial number of every seal used shall be entered in the minutes.
The said ballot boxes shall be kept in a safe and secured room before, during and after the canvass. The door to the room
shall be locked with three padlocks with the keys thereof kept by each member of the Board.
ARTICLE VI
ELECTION OFFENSES; ELECTORAL SABOTAGE
Sec. 32. Election Offenses; Electoral Sabotage. – In addition to the prohibited acts and election offenses mentioned herein
and those enumerated in Sections 261 and 262 of Batas Pambansa Blg. 881, as amended, the following shall be guilty of
an election offense or a special election offense to be known as electoral sabotage:
a) Any person who removes the COC posted on the wall, whether within or after the prescribed forty-eight (48) hours of
posting, or defaces the same in any manner;
b) Any person who simulates an actual COC or statement of votes, or a print or digital copy thereof;
d) The Chairman or any member of the Board of canvassers who, during the prescribed period of posting, removes the
COC or its supporting statement of votes from the wall on which they have been posted other than for the purpose of
immediately transferring them to a more suitable place;
e) The Chairman or any member of the Board of canvassers who signs or authenticates a print of the COC or its
supporting statement of votes outside of the polling place;
f) The Chairman or any member of the Board of canvassers who signs or authenticates a print which bears an image
different from the COC or statement of votes produced after counting and posted on the wall; and
g) Any person or member of the Board of election inspectors or Board of canvassers who tampers, increases or decreases
the votes received by a candidate in any election or any member of the Board who refuses, after proper verification and
hearing, to credit the correct votes or deduct such tampered votes: Provided, however, That when the tampering, increase
or decrease of votes or the refusal to credit the correct votes and/or to deduct tampered votes are perpetrated on a large
scale or in substantial numbers, the same shall be considered, not as an ordinary election offense under Section 261 and/or
262 of the Omnibus Election Code, but a special election offense to be known as electoral sabotage and the penalty to be
imposed shall be life imprisonment.
The act or offense committed shall fall under the category of electoral sabotage in any of the following instances:
1. When the tampering, increase and/or decrease of votes perpetrated or the refusal to credit the correct
votes or to deduct tampered votes, is/are committed in the election of a national elective office which is
voted upon nationwide and the tampering, increase and/or decrease votes, refusal to credit the correct
votes or to deduct tampered votes, shall adversely affect the results of the election to the said national
office to the extent that losing candidate/s is/are made to appear the winner/s;
2. Regardless of the elective office involved, when the tampering, increase and/or decrease of votes
committed or the refusal to credit the correct votes or to deduct tampered votes perpetrated, is
accomplished in a single election document or in the transposition of the figures/results from one election
document to another and involved in the said tampering increase and/or decrease or refusal to credit
correct votes or deduct tampered votes exceed five thousand (5,000) votes, and that the same adversely
affects the true results of the election; and
3. Any and all other forms or tampering increase/s and/or decrease/s of votes perpetuated or in cases of
refusal to credit the correct votes or deduct the tampered votes, where the total votes involved exceed ten
thousand (10,000) votes.
Any and all other persons or individuals determined to be in conspiracy or in connivance with the members of the BEIs or
BOCs involved, shall be meted the same penalty of life imprisonment.
ARTICLE VII
EFFECTIVITY AND DISSEMINATION
Sec. 33. Effectivity. – This Resolution shall take effect on the seventh (7th) day following its publication in two (2) daily
newspapers of general circulation in the Philippines.
Sec. 34. 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 to furnish the Department of Justice, Department of
Education, the Department of Finance, all Regional Election Directors, Provincial Election Supervisors and Election
Officers, and City/Provincial/Division and City Superintendent of Schools and the City/Municipal Treasurers with copies
of the Resolution.
SO ORDERED.