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1 I, , l

'ti;!lEElAilDN

DEI)A~~EN~

E'CELVED
2/30
Republic of the Philippines
COMMISSION ON
Manila
GENERAL INSTRUCTIONS FOR THE BRILLANTES, SIXTO
BOARD OF ELECTION
INSPECTORS AND SPECIAL BALLOT YUSOPH.
R.,
RECEPTION AND CUSTODY GROUPS LIM, CHRTSTm Ro
IN THE CONDUCE OF AUTOMATED PADACA, MARIA
ELECTION UNDER REPUBLIC ACT
No' 9189, OTHERWSE
AS PROMULGATFD:
"THE OVERSEAS ABSENTEE VOTING
2 , , 20,3
ACT OF 2003" FOR PURPOSES OF
THE MAY 13, 2013 NATIONAL AND
LOCAL ELECTIONS.
x-------------------------------------------------X
SPECIAL

Chairman
Commissioner
Commissioner
Commissio~ler
LO M. Commissioner

RESOLUTION NO.
WHEREA$, Republic Act No. 9369 authorfzed the Commission on Election to
use an Automated klection System (AES) as it may deem appropriate and practical for
the processes of voting, counting and transmission of results;

WHEE&AS,'~~ pursuit of this mandate, the Commission on Elections will adopt

the AES nationwide in the M?y 13, 2013 National and Local Elections;
WHEREAS, in Minute Resolution No. 12-1029 dated November 20, 2012, the
Commission on E-lections authorized the use of AES in the conduct of overseas voting in
seven (7) posts; namely: Philippine Consulate General (PCG) in Hong Kong, Philippine
Embassy (PE) in Singapore, Abu Dhabi PE, Jeddah PCG, Kuwait PE, Dubai PCG and
Riyadh PE for the May 13,2013 National and Local Elections;
1

NOW, THEREFORE, the Commission on Elections, pursuant to the authority

vested in it by the Constitution, Batas Pambansa Blg. 881 (Omnibus Election Code),
Republic Act No. 9189 (The Overseas Absentee Voting Act of 2003), Republic Act No.
9369 and other election laws, RESOLVED to promulgate, as it hereby promulgates, the
following General Instructions for the Special Board of Election Inspectors and Special
Ballot Reception and Custody Groups in the conduct of the overseas voting in Hongltong
PCG, Singapore ~ g Riyadh
,
PE, Jeddah PE, Abu Dhabi PE, Dubai PCG and Kuwait PE
using an AES:
'
I

ARTICLE I
DEFINITION OF TERMS
Section I. ~ i a n i n
of ~words. - As used in this General Instructions, the
following terms shall refer to:

a) ~pproved Overseas Voter Registration Record - document

containing the demographic and biometric information of an overseas voter
approved by the' Resident Election Registration Board;
~,y"
I

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

registered overseas voters whose applications to vote in absentia have been
approved by the Committee on Overseas Voting, through the Resident Election
Registration Board on a country-by-country and post-by post basis. This list shall be
prepared by the Committee on Overseas Voting and approved by the Commission in
an en banc resolution;

This shallbe divided equitably among the SBEIs for posting outside the polling
place at the start of the voting period.
C)

omm mission - the Commission on Elections;

d) Committee on Overseas Voting (COW - Committee created by law to

oversee and supervise the effective implementation of R.A. 9189;
I

e ) D a l ~of Election - date of the elections in the Philippines which is May 13,
2013;

f ) Department of Foreign Asairs-Overseas Voting Secretariat (DFAOVS) - secretariat based at the Department of Foreign Affairs (DFA) home office
tasked to direct, coordinate and oversee the Department's participation in the
implementation of R.A. 9189 through its embassies, consulates, and economic and
cultural offices;'

g) List of Overseas Voters with Voting Records (OW No. 2-A) - list of
overseas voterslwith biometries arranged alphabetically to vote in absentia, for use
by each Special Board of Election Inspectors during the voting period;

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

prepared, approved and maintained by the Commission, of overseas voters whose
applications foI' registration as voters, including those registered voters who have
applied to be kertified as voters, have been approved by the Resident Election
Registration Board (RA 9189). It shall indicate the Post where the overseas voter is
registered.

i) Oversev Voter - a qualified citizen of the Philippines whose application

for registration or for certification as overseas voter has been approved by the RERB,
and who is abroad on the day of the election ;
i

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

abroad exercisetheir right to vote;
lz) Oversecis Voting Election Returns - an election document electronically
prepared, showing the date of the election, the country/post in which it is held, the
number of ovei-seas voters, the number of voters who actually voted, the votes
obtained by each candidate in the overseas voting precinct and such other data as
may be required by law and authenticated by the Special Board of Election
!
Inspectors;
t

1) Oversecis Voting Precinct - a country, Post or a grouping of overseas

voters in a given country/Post, designated by the Commission for purposes of voting
and counting taking into consideration ,the presence of consular offices and the
number of overseas voters under the jurisdiction of each consular office;
111) Personql Voting - a mode of voting where the voters personally appear to
cast' their votds at the Posts or such other voting areas designated by the
Commission;., 1

n) Posts - Philippine embassies, consulates, foreign service establishments and

other Philippine government agencies maintaining offices abroad, e.g., the
Philippine Overseas Labor Offices (POLO), having jurisdiction over the places where
the overseas voters temporarily reside. For purposes of overseas voting, Posts shall
also mean to include the three (3) Manila Economic & Cultural Offices (MECOs) in
Taiwan;

o) Representative of the Commission - officials 'and employees of the

foreign service corps, including Filipino contractual employees that the embassies,
consulates and other foreign service establishments may locally hire at the host
country and Filipino volunteers nominated by the Post and deputized by the
Commission;
t

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

workers, senrick providers and fishermen, as defined in the Revised Rules on the
Issuance of Seafarer's Identification and Record Book of the Maritime Industry
i
I
Authority;
q) Special Ballot Reception and Custody Group (SBRCG) - group
deputized by the Commission in every Post to receive and talze custody of all
accountable and non-accountable election forms, supplies and paraphernalia sent by
the COV for issuance to the Special Boards of Election Inspectors and Special Boards
of Canvassers; 1
r) Special.Board of Election Inspectors (SBEI) - body deputized by the
Con~missionto eonduct the voting and/or counting of votes;
s) ~ u p e r u $ s o rTeams
~
- officials and employees of the Commission
designated by the Commission to supervise and ensure the implementation of the
R.A. 9189 and these Rules. Such supervisory teams shall be headed by career officers
or any lawyer of the Commission designated by the Chairman of the COV;
1

t) Voting Period
of elections.
'

- 30 days of voting of overseas voters which includes the day

ARTICLE I1
SPECIAL BALLOT RECEPTION AND CUSTODY GROUP
<

Sec. 2 . Special Ballot Reception and Custody Group; constitution. The Commission, through the COV Chairman, shall, upon recommendation of the DFAOVS, constitute in <very Post, not later than January 31,2013, an SBRCG, which shall
be composed of thrke (3) members.
Additional SBRCG in Posts may be constituted where the registered voters are
more than forty thousand (40,000).
Sec. 3. Qualifications of members/substitutes of the SBRCG. - No
person shall be appointed as chairman or member of the SBRCG, unless he:

a) Is of good moral character and irreproachable reputation;

!

b) Is a citizen of the Philippines;

c) Is from among the staff of the Posts;

4
---- - ----

--------------

d) Has never been convicted of any election offense or of any other crime
punishable by more than six (6) months of imprisonment, or has no pending
case filed against him for any election offense; and
e) Is able to'speak and write English or Filipino.
In case there is not enough qualified staff of the Posts, citikens of the Philippines
who are qualified to vote under R.A. 9189,and of lznown probity and competence, may
be appointed as members of the SBRCG, provided that the chairman shall be a staff of
the Posts. The Head of Post shall issue the Appointment of the Chairman/Poll
Clerk/Members/Substitutes of the SBEIISBRCG (OW No. 5)
1n'case of temporary vacancy in the SBRCG, the provision of Sec. 13, Article N
hereof shall apply. )
!

Set. 4. Disqualification. - The members of the SBRCG or their spouses shall

not be related within the fourth civil degree of consanguinfty or affinity to any member
of the same SBRCG or to any of the candidates for Senators.

For this purpose, the COV shall furnish the post, through the DFA-OVS, the list
of senatorial candidates for the May 13, 2013 National and Local Elections, so that the
members of the SBRCGs will be able to know whether they are qualified or not to accept
their appointments!

Sec. 5 . ~ o k i c eof disqual$cation. - Any member of the SBRCG who is

disqualified for an$ of the above reasons shall, within five (5) days from knowledge of
such disqualification, notify the head of the Post in writing, who shall, in turn submit a
replacement to the Commission through the COV for appointment.
Sec. 6. Fuhctions of the SBRCG. - The SBRCG shall perform the following
duties and functions:
I
a) Receive fr'om the Commission through the COV, the PCOS and CCS machines,
all accduntable and non-accountable election forms, supplies and
paraphePnalia to be used in voting, counting and canvassing;

b) Verify, using the packing list, the quantity and serial numbers of all ballots,
election returns and canvassing forms, and other accountable forms, received
in the priesence of the head of the Post or his/her authorized representative,
watchers of political parties and representatives of the Filipino community, if
available.
I

c) Notify the COV within twenty-four (24) hours after verification, of the receipt
of accountable and non-accountable forms, condition thereof and
discrepabcy, if any, the quantity and serial numbers of the accountable forms;
j

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

e) Perform; such other duties and functions as may be prescribed by the
Commission.
ARTICLE I11
SPECIAL BOARDS OF ELECTION INSPECTORS

Sec. 7. Special Board of Election Inspectors; constitution and

appointment.

:.
c

- The Commission, through the COV Chairman, shall, upon recommendation of the
DFA-OVS, constitute in every Post, not later than January 31, 2013,at least one (1)
SBEI, which shall be composed of three (3) members in every country/Post for purposes
of voting and/or counting
For purposes of AES, each SBEI shall handle not more than ten thousand
(lo,ooo) voters' equivalent to ten (10) precincts. Each precinct shall consist of no more
than 1,000 voters. The SBEI may be assisted by a support staff as Provided under Sec. 15
hereof.
The SBEI shall be composed of a Chairman and two (2) Members who shall be
public officers posted abroad and deputized by the Commission, one of whom shall be
designated as Poll Clerk and the other as Third Member.

In all cases, at least one (I) member of the SBEI shall be an information
technolog~r-capableperson as certified by the Department of Science and Technology
(DOST).
I

The Head of Post shall issue the Appointment of the Chairman/Poll

Clerlz/Members/Substitutes of the SBEIJSBRCG (OW No. 5).
Sec. 8 . Quali$cations of members of the SBEI. - No person shall be
appointed as chairman or member of the SBEI, whether regular or substitute, unless he:

a) Is of good moral character and irreproachable reputation;

b) Has never been convicted of any election offense or of any other crime
punishable by more than six (6) months of imprisonment, or has no pending
case filed against him for any election offense; and
c) Is able to speak and write English or Pilipino.
L

The chairman shall be a public officer posted abroad. In the absence of ally other
government officers, thetwo (2) other members shall be citizens of the Philippines who
are qualified to vote under R.A. 9189, and of known probity and competence.
.

Sec. 9 . Disqualification. - No person shall serve as chairman or member of

the SBEI if he or his spouse is related within the fourth civil degree of consanguinity or
affinity to any meniber of the same SBEI or to any of the candidates for Senators.

For this purpose, the COV shall furnish the Post, through the DFA-OVS, the list
of senatorial candidates for the May 13, 2013 National and Local Elections so that the
members of the SBEIs will be able to lznow whether they are qualified or not to accept
their appointments:
Sec. lo. Powers and functions of the SBEI. - The SBEI shall have the
following powers add functions:

a) Condact the voting in the polling place and administer the electronic
counting of votes, including the testing and sealing of the PCOS machine;

b) Print the election returns and transmit the election results;

I

c) Act as deputies of the Commission in the supervision and control of the

election in the polling place where they are assigned;

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

thereto open and unobstructed, and to enforce obedience to its lawful

orders. If any person refuses to obey its lawful order, or conducts himself
in a disorderly manner in its presence or within its hearing and thereby
interrupts or disturbs its proceeding, the SBEI may call upon the security
force of the Post, if any, or its deputized peace officer to take such person
into custody until the adjournment of the meeting, but such order shall
not bk executed as to prevent the person from voting; and

e) Perform such other functions as may hereinafter be prescribed by the

Commission.
Sec. 11. Proceedings of the SBEI. - The meeting of the SBEI shall be public
and held in the polling place designated by the Commission. The SBEI shall act through
its Chairman and shall decide, without delay, by a majority vote, questions which may
arise in the performance of its duties.

Sec. 12. Notice of disqualification. - Any member of the SBEI who is

disqualified for any of the above reasons shall-assoon as p o ~ i b l enotify
,
the head of the
Post in writing, wllo shall, in turn appoint a replacement from the pool of substitutes
and immediately notify the COV of such appointment.
!

ARTICLE IV
COMMON PROVISIONS
i

Sec. 13. Temporary vacancies in the SBEI/SBRCG. - If at the time of the

meeting of the SBEIISBRCG, any member is absent or the office is still vacant, the
members present shall call upon any substitute taken from the pool of substitutes, to
perform the duties bf the absent member. If the substitute cannot be found, the Head of
the Post shall appoint any available official or employee of the Foreign Service corps or
non-partisan regist'ered voter not otherwise disqualified to temporarily fill said vacancy
until the absent member appears or the vacancy is filled.
The fact of substitution shall be entered in Part V of OVF No. 11.
For this pyrpose, the Posts shall constitute a pool of substitutes for the
SBEIISBRCG which will likewise be deputized by the Commission.
I

Sec. 14. 0bth of members of the SBEI/SBRCG. - The members of the

SBEIISBRCG shall; before assuming their office, take an oath by accomplishing the
Oath of SBEIISBRCG (OVF No.5-A) before an officer authorized to administer oaths or,
in the absence thereof, before any other member of the SBEIISBRCG present or, in case
no other member 'is present, before any overseas voter. The accomplished Oaths of
SBEIISBRCG shall be submitted to the SBRCG.
Sec. 15. Shpport S t a s . - During rest days and declared holidays in the host
countries where the turn-out of voters at the polling places is expected to be heavy, each
SBEI shall be assisted by three (3) support staff who shall be designated not later than
April 3, 2013 by tlhe Head of the Post from among the personnel of the Post or
government agencies maintaining offices abroad or in their absence or non-availability
from among the members of the Filipino Community.

The support' staff shall assist the SBEI in planning, organizing and supenising
the setting-up of a voters' assistance center at the voting center to assist voters in
locating their polling places/precinct assignments and assist in the crowd management
at the entrance areas of polling places and perform such other functions as may be
directed by the SBEI.

"4'

Support staff must not be related witl~inthe fourth civil degree of consanguinity
or affinity to any niember of the same SBEI where he will be assigned to assist or to any
of the candidates for Senators.
Sec. 16. PCOS Technieal Support personnel.- There shall be at least two
(2) technical support

personnel to be designated not later than April 3, 2013 by the Post

who shall be responsible to address and monitor the activities of the PCOS machines. He
shall be responsible to report to the National Support Center on possible contingencies
that may arise before, during and after the election period.

Sec. 17. Minutes of Testing and Sealing; Voting and Counting

(Minutes). - The.SBEI shall accomplish in two (2) copies of the Minutes ( O W No. 11)
and record the act or data required therein as they occur or become available during the
voting. Copies of the OVF No. 11 shall be sealed in separate envelopes to be distributed
)
as follows:

a) First copi to the Commission; and

I

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

i

Sec. 18. Prohibition against political activity. - No member of the

SBEIISBRCG and their support staff, including the PCOS technical support personnel,
shall engage in any partisan political activity or take part in the elections except to vote
and discharge his duties such as rendering assistance in accordance with usual protocol
courtesies normally extended to visiting officials on official business.
1

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

representatives of attached agencies duly deputized by the Commission shall be under

the direct supervision of the Heads of Posts insofar as the One Country Team Approach
is concerned.
I
I

ARTICLE V
WATCHERS

Sec. 20. *atchers. - Every registered political party or coalition of political

parties fielding caedidates, accredited political parties, sectoral party/organization or
coalition thereof participating in tlle party-list system of representation, every
candidate, accredited citizens' arms and accredited O W organizations shall be entitled
to one (1) watcher at any given time during the voting and counting of votes.

For this purpose, registered political parties, coalition of political parties and
evely candidate, associations or organizations participating in the party-list system
representation, accredited citizens' arms and accredited O W organizations shall
submit to the Posts, copy furnished the COV, its list of watchers per SBEI not later than
five (5) days before'the start of voting period.
However, iflthere is no sufficient space for all watchers to be accommodated,
preference shall b& given to the watchers of the dominant majority and dominant
minority parties as determined by the Commission, one (1) watcher for the accredited
citizens' arm, one (1) common watcher for accredited OFW organizations, and one (1)
common watcher fdr the independent candidates.
Sec. 21. Qualifications of watchers. - No person shall be appointed watcher

unless he:
a') Is an overseas voter in the Post where he is assigned;
1.f

b) Is of good reputation;
C) Has not been convicted of any election offense or any crime;
d) Knows how to write and read English or Filipino; and
e) Is not related within the fourth civil degree of consanguinity or affinity to the
chairman or to any member of the SBEI in the Post where he seeks
appointment as watcher.
Sec. 2 2 . Rights and duties of watchers. - Upon entering the polling place,
the watchers shall present and deliver to the chairman of the SBEI their appointments
and forthwith, their names shall be recorded in Part VI of O W No. 11 with a notation
under their signatures that they are not disqualified to serve as such. The appointments
of the watchers shall bear the personal or facsimile signature of the candidate or the
duly authorized representative of the political party, organization or coalition of parties
who appointed them or of organizations authorized by the Commission. For this
purpose, registered political parties, organizations or coalitions1 authorized by the
Commission, accrddited citizens' arms and OFW organizations, shall provide the COV
with the names aria signatures of their representatives authorized to appoint watchers
in each Post not later than March 13, 2013. The COV will furnish the DFA-OVS with
the said names and signatures, which shall be forwarded to the Post concerned.

The watchers shall have the right to:

a) Witness and inform themselves of the proceedings of the SBEI;
b) Talze note of what they see or hear;
I

c) Take photograph of the proceedings and incidents, if any, during the counting
of votes, hs well as of the election returns and ballot boxes/receptacles, except
the ballot being accomplished by the voter;
I

d) File a protest against any irregularity or violation of law which they believe
may have been. committed by the SBEI or by any of its members or by any
person;

'

e) Obtain fiom the SBEI a certificate as to the filing of,such protest and/or
resolution thereon;
fl Read the election returns after it has been read by the Chairman without
touchingisuch documents; and

g) Be furnidhed, upon request, with a Certificate of Votes ( O W No.13) cast for

the candidates, duly signed and thumb marlzed by the chairman and all
members of the SBEI.
Watchers shall not speak to any member of the SBEI, or to any voter, or among
themselves, in such a manner as would disturb the proceedings of the SBEI.
r
ARTICLE VI
ELECTION FORMS AND SUPPLIES

Sec. 23. Election forms, documents and supplies. - The SBRCG shall receive
from the Commission through the COV, PCOS machines, election forms, documents and
supplies for its use and for distribution to the SBEIs. Except when authorized to do so
earlier by the Head of Post, the SBEIs shall get the forms, documents and supplies early,

~4'
8

in the morning of each voting day. The allocation of the forms, documents and supplies
shall be according to the following:

I. FOR VOTING.
A. PCOS box from the Commission containing the following:

B. Election Materials box from the Commission containing:

C. Election Forms/Supplies from the Commission:

OW
NO.
2-A

RATE OF
DISTRIBUTION

TITLE/DESCRIPTION

List of Voters wit11 Voting Records

1 Set

Appointment of SBEIISBRCG
Oath of Office of SBEIISBRCG
Official Ballots
6
Paper seals
12
Envelope
for Torn Half of Unused Official Ballots, Other
16
Half of Torn Unused Official Ballots and Official Ballots
Envelope for Minutes of Testing and Sealing; Voting and,
18
Counting
SUPPLIES
Ballot Secrecy Folder
Serially numbered Plastic Security Seal for the Ballot Box
, Serially numbered Plastic Security Seals for the PCOS

5
3

Pieces
Pieces
Piece per Voter
Pieces
Pieces

Set of 2 pieces

12

Pieces
Pieces/precinct
. Piecelprecinct

9
9

5
5-A

5
,

D. Election ~ o i mto
s be printed/reproduced/purchasedby the Post:
OVF
NO.
2
2-B

5
5-A
11

14
30
33
35
33-A
39

40
40-A
40-B
41

TITLE/DESCRIPTION
,

Certified List of Overseas Voters

Certified List of Seafarer Voters
Appointment of SBEI/SBRCG
Oath of Office of SBEI/SBRCG
Minutes of Testing and Sealing: Voting and
Counting
Certificate of Receipt of Forms and Supplies for
Voting by the SBEI
Temporary Appointment of Chairman/Poll Clerk/
Third Member of SBEIISBRCG
Certificate of Challenge or Protest and Decision of
the Board
Certificate of Challenge/Protest of the Decision of
the Board
Record of ,Challenge/Protest
Oath of ~ Q t eChallenged
r
for Illegal Acts
Oath of Identification of Witness of Challenged
Voter
Oath of Identification of Challenged Watcher
Oath of an SBEI Member Identifying a Voter
Summons Re: Identity of Challenged Voter
SUPPLIES
Bond Paper
Ballot Receptacle
Paclzaging Tape

RATE OF
DISTRIBUTION

Set
Set
Pieces
Pieces
Set of 2 pieces

Pieces

Pieces

Pieces

Pieces

lo

Pieces
Pieces
Pieces

9
9

lo

lo
12

lo
3
30
1
20

Pieces
Pieces
Pieces
Pieces
For each SBEI
Rolls/SBEI

11. FOR THE FINAL TESTING AND SEALING - In the morning of the day
scheduled for the testing and sealing of the PCOS, the SBEI shall get from the
SBRCG the following forms, documents and supplies to be used for such
testing ahd sealing:
SUPPLIES AND W E R T A L S FOR TESTING AND SEALING
A. ELECTION FORMS
OVF No. Descriptidn
Manual Election Returns
g
11
' Minutes of Testing and Sealing; Voting

Rate of Distribution
I Set
1
1 Set
1

d'

and Counting
Paper
Seal for PCOS Box
12
For Counted Test Ballots, ERs and other
l7
reports
Envelope for Minutes of Testing and
Sealing; Voting and Counting
B. SUPPLIES
Ballot Se~recyFolder
Plastic Security Seal for printer &back-up
memory card of PCOS

'

Piece

Piece

Pieces

Pieces

Pieces

ARTICLE VII
FINAL TESTING AND SEALING

Sec. 24. Period for testing and sealing of PCOS machines. Not later than
April 12,2013, th&SBEIs shall convene in their assigned polling $laces to test and seal
the PCOS machines.
Sec. 25. Notice of convening of the SBEI for the testing and sealing of
the PCOS machines. At least five (5) days before the testing and sealing of the PCOS
machines, the Head of Post shall notify in writing, the SBEI concerned of the date, time
and place of the testing and sealing.

In case of c'andidates, registered political parties, coalition of political parties,

associations or org6nizations participating in the party-list system of representation, the
COV shall notify them by posting a notice of the date, time and place of testing and
sealing for each precinct, not later than April 5, 2013, in the official website of the
Commission and tGe DFA-OVS.
Sec. 26. Procedures for the testing and sealing of the PCOS machines.
During the testing and sealing, the SBEI shall observe the following procedures:
I

a)
b)

C)

d)
e)
f)

Explain to those present, the purpose of, and the procedures for, the testing
and sealing;
Randomly choose from among those present, ten (10) voters who will
accompli'bh the test ballots. If there are less than ten (lo) voters, any of the ten
(lo) voteks may accomplish more than one (1) test ballot to complete the ten
(10) test ballots needed;
Seal the ,ballot box with the packing tape, and show to the public that the
PCOS box is sealed;
Remove the sticlter seal of the PCOS box;
Open ~ I I ~ ~ P C O
box;
S
Check whether the followingare inside the PCOS box:
1. Checldist of contents of the box;
2. PCOS machine;
3. ~ o w ecord
i of the PCOS machine;
I

4. Ten (lo) test ballots;

5. ~ w e l v e(12) rolls of paper;

6. One envelope containing the back-up memory;

7. Three(3) labeled PINS of the BEI;
df

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

g. Twenty-two (22) Marlung Pens

The twelve (12) rolls of paper shall not be used during the testing and sealing,
and shal\ remain inside the PCOS box.
g) Retrieve the PIN of each member of the BE1 and distribute the same among
themselves. The PIN for re-zeroing shall likewise be redieved, and shall be in
the custody of the Chairman;

h) Retrieve the test ballots from the PCOS box.

i) Retrieve the PCOS from its box;

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

lsP

main memory card is stored is sealed. It shall remain sealed throughout the
testing ahd sealing procedure;
I ) Place the. PCOS properly on top of the ballot box;

1) Break the plastic fixed length seal of the printer cover of the PCOS;
m) Open the printer cover, after which the Chairman shall take out the iButton
security key;
n) Ensure that the roll of official thermal paper is already properly installed;
o) Close thq printer cover;
p) Connect the power adaptor to the PCOS AC power port (20 VAC) and plug the
other end to the electrical outlet;

q) Connect the battery to the PCOS DC power port (12 VDC). If there is no
power, press with a ballpoint pen the RESET button located at the back of the
PCOS above the AC power port;
r) Wait until the PCOS displays the message "BE1 AUTHENTICATION PLEASE
INSERT SECURITY KEY FOR AUTHENTICATION";
S) The chairman shall:
i

i . ~ l a c ihe
e iButton security key on top of the iButton security key receptacle
add apply slight pressure thereon. A message "PLEASE ENTER
SECURITY PIN" will be displayed in the screen.
2.
Enter the security "PIN. A message."PIN ACCEPTED" appears on the
screen.
3. wait until the message "BE1 SECURITY KEY VERIFIED" appears on
the PCOS screen. A message "IS THIS THE CORRECT TIME?", with
"FS/NO" options appearing on the screen.
Select "YES" if the date and time is correct, and enter such fact in O W
N0.11.
5. Select "NO" if the date and time is incorrect. The screen will ask the
SBEI to set the correct date and time, and ask for the correct:
4.

a. i YEAR. If year is correct, press "DONE". 1f not,

i. If YEAR is before 2013, press +++ button, until the year displayed
!
is 2013.
12

ii. If YEAR is after 2013, press --- button, until the year displayed is
2013.
b. MONTH. If month is correct, press DONE. If not,
i. If MONTH is before the current month, press +++ button, until
the month displayed is the current month.
ii. If MONTH is after the current month, pre:s --- button, until the
month displayed is the current month.
I

c. If DAY is correct, press DONE. If not,

i. If DAY is before the current day, press +++ button, until the day
displayed is the current day.
ii. If DAY is after before the current day, press --- button, until the
day displayed is the current day.
1
,
I
d., If HOUR is correct, press DONE. If not i. If HOUR is before the current hour, press +++ button, until the
hour displayed is the current hour.
ii. If HOUR is after the current hour, press --- button, until the until
the hour displayed is the current hour.
I

e. If MINUTE is correct, press DONE. If not , If MINUTE is before the current minute, press +++ button, until
the minute displayed is the current hour.
ii. If MINUTE is after the current minute, press --- button, until the
. minute displayed is the current minute.
f. ; After correction of the date and time has been effected, Press
I "DONE", and enter such fact in O W No. 11.

6. Wait until the MAIN MENU is displayed;

The iButton shall be in custody of the Chairman until the closing of
testing and sealing pl-ocedure. '
t) In the "
h MENU",
~
the certified IT-capable member of the SBEI shall
perform the following PCOS diagnostics procedure:
1)
2)

Select "UTILITIES" option.

Select "RUN DIAGNOSTICS" option. The PCOS will run the diagnostics on
the main memory then displays the message "COMPLETE DIAGNOSTICS.
MEMORY PASSED" if the memory is working; otherwise, it will display
the error message "COMPLETE DIAGNOSTICS. MEMORY FAILED".
t
I

3) The PCOS will run the diagnostics on the backup memory. Wait until the
screed displays "BACKUP MEMORY CARD NOT DETECTED". Select
"YES" option. Then the PCOS will display the message "COMPLETE
DIAGNOSTICS. COMPACT FLASH PASSED".

b4

4) The PCOS shall then test the "EEPROM", and thereafter displays the
message "COMPLETE DIAGNOSTICS. EEPROM PASSED" if the
"EEPROM" is operational; otherwise, it shall display the error message
"COMPLETE DIAGNOSTICS. EEPROM FAILED".
5) The PCOS then runs diagnostics on the thermal printer by automatically
printing a sample output on the thermal paper. The sample printout will
be "*** DIAGNOSTICS PRINTER TEST. ***".

6) The PCOS shall display "CAN YOU READ THE TEXT PRINTED ON THE
PAPER?" with "YES and NOJ'options.
7) Select the appropriate option. If "YES" is selected, the PCOS will display
"COMPLETE DIAGNOSTICS. THERMAL PRINTER PASSED". If "NO",
the PCOS will display "COMPLETE DIAGNOSTICS. THERMAL PRINTER
FAILED".
I
8) The 7COS shall then display a set of numbered buttons to test the LCD
screen. Test all buttons by pressing them one at a time. If a button worlzs
prope'rly, the following message will appear "BUTI'ON 1 PRESSED,
BUTTON 2 PRESSED...." depending on th'e number of the buttons
pressed. If the button pressed is not working, the PCOS will not display
any message. Continue pressing the other buttons. When finished, select
"DONE". The PCOS shall then display the message "DOES THE LCD
WORK PROPERLY?" with "YES and NO" options. Select the appropriate
If NO is selected, the PCOS will display "COMPLETE
DIAG
OPtiOF; OSTICS. LCD FAILED". Then the PCOS will automatically perform
No. 12 hereof.
g) If "Y$s" is selected, the PCOS shall display the message "PLEASE PRESS
THE lGREEN CAST BU'ITON TO CONFIRM THAT IT IS WORKING
PROgERLY". The SBEI member shall then press the green "CAST"
button.
1o)The P,COS shall display the message "PLEASE PRESS THE RED RETURN
B W O N TO CONFIRM THAT IT IS WORKING PROPERLY". Press the
red "PETURN" button.
11) The PCOS will display "COMPLETE DIAGNOSTICS. LCD PASSED".
12)The PCOS shall automatically test the clock component and display the
message "COMPLETE DIAGNOSTICS. CLOCK PASSED" if the clock is
operational; otherwise, it will display the error message "COMPLETE
DIAGNOSTICS. CLOCK FAILEDJ'.
1g)The YCOS shall automatically test the power component and display the
message "COMPLETE DIAGNOSTICS. POWER PASSED" if the power
compbnent is operational; otherwise, it will display the error message
"COMPLETE DIAGNOSTICS. POWER FAILED".
14)The PCOS shall automatically test the modem device and display the
message "TESTING MODEM DEVICE. DETECTING MODEM" followed
by "COMPLETE DIAGNOSTIC. MODEM FAILED". Ignore this message
during the FTS since the modem is not connected to the PCOS.
15)The PCOS shall display the message "PLEASE INSERT ONE BALLOT TO
RUN SCANNER DIAGNOSTICS". The operator shall get one (I) blank test
ballot from among the ten (lo) test ballots, and feed it in the PCOS ballot
entry slot;
16)The PCOS shall validate the ballot and display the message "SCAN
COMPLETE". Press "NEXT" button. The PCOS shall display the contents
of th'e ballot with a message "VALID BALLOT SENATOR: BLANK
CONTEST. ." Select "NEXT" to continue the display of the contents. Then
selectl"NEXT"to complete the display. Press the "RETURN" button. PCOS
shall display the message "RETURNING BALLOT" and the test ballot is ,.
i

vI.dL/
14

returned through the ballot e n t ~ yslot. The certified IT-capable member of

the SBEI shall include the test ballot used with the rest of the test ballots;
17)After this, the PCOS shall display the message "IS THE SCANNER
WORKING PROPERLY AND ARE THE SCANNED BALLOT RESULTS
CORRECT?", with "YESJ' and "NO" options. Select the appropriate option.
If the-ballot scanner is functional, select "YES"; otherwise, select "NO". If
"YES'! is selected, the PCOS will display "COMPI,ETE DIAGNOSTICS.
SCANNER PASSED". If "NO" is selected, the PCOS will display
"COMPLETE DIAGNOSTICS. SCANNER FAILED";
i8)The PCOS shall display the "PRINT, DISPLAY, and PREVIOUS SCREEN"
options;
ig) Select "DISPLAY" option. The PCOS shall display the Diagnostics Report,
with "DONE" and "NEXT" options;
20)
Select "NEXT" option to display the second screen of the
Diagnostics Report;
21) The PCOS shall display the "PREV, DONE, an4 PRINT" options;
22)~elect'"PRINT" to print the Diagnostic Report.
The repoh should contain the message "MACHINE IS READY FOR USE" that
is printed! at the bottom of the Diagnostic Report. If it does not contain such
message; identify from the report which component failed, and call the
technical!support for assistance.
In the PCOS where modem failed due to the absence of modem, the report
will contain message "MODEM FAILED" and "MACHINE IS NOT READY
FOR USE". Ignore this message during the FTS since the modem is not
connected to the PCOS.

n3)After printing the Diagnostic Report, the PCOS will display a message
"WOULD YOU LIKE TO PRINT MORE COPIES OF THIS REPORT?" with
"YES and NO" options. Press NO option;
n4)The utilities Meno will be displayed with the following options:
"TABULATOR. INFO, RUN DIAGNOSTICS, RE-ZERO and PREVIOUS
SCREEN". Select "PREVIOUS SCREEN" to return to the Main Menu;
25)Detach the printed Diagnostic Report, and place it inside the envelope (A17TS) provided for the purpose;
a6)Select "OPEN VOTING from the Main Menu.
I

The PC08 shall then:

i. Reqhest for the PIN of the poll clerk who will then enter his PIN, and
press ENTER;
ii. Request for the second PIN from the third member who will then enter
his PIN, and press ENTER;
iii. Validate the PIN, and display a message "PIN ACCEPTED";
iv. Display two (2) options: "INITIALIZE VOTE COUNTERS and
PREVIOUS SCREEN".

e7)Press the "INITIALIZE VOTE COUNTERS" option of the PCOS. The PCOS
shall then:
i. Display the message "INITIALIZING VOTE COUNTERS (ENSURING
THAT VOTE COUNTERS ARE ZERO) PLEASE WAIT ...";
>$15

ii. Display "RESULTS HAVE BEEN ZEROED";

iii. 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);
iv. Aft$r printing the Initialization Report, the PCOS will display the
message, "WOULD YOU LIKE TO PRINT MORE COPIES OF THE
ZERO TAPE?" with "YES and NO" options. Press "NO". The PCOS will
display the message "PLEASE INSERT BALLOT". Now, the PCOS is
ready to accept ballots.
28) Detach; the Initialization Report, affix their signatures thereon including
those of ;he representatives of the political parties, candidates or citizens arms
present; :

29) Place the Initialization Report inside the envelope (A17-TS) containing the
Diagnostic Report for submission to the EO;
I
30) The Chbirman of the SBEI shall issue the ten (lo) test ballots.
Only twc( (2) voters can accomplish the test ballot at the same time. For this
purpose, ,the Chairman shall give each of the test voters a ballot inside a ballot
secrecy folder and a marking pen;
The test .voter shall, using the marking pen, accomplish his ballot by fully
shading the ovals opposite the names of the candidates of his choice,
including that of the party, organization or coalition participating in the partylist system of representation. Thereafter, he shall return his accomplished
ballot inside the ballot secrecy folder, and proceed t o the SBEI;
3i)The chairman of the SBEI shall:
1.

~xarn'inethe accomplished ballots and determine whether the ovals

opposite the names of the candidates/political parties participating in the
party:list system chosen have been fully shaded, and the security features
(timing marks and bar codes) have not been damaged;

2. Return the accomplished ballot inside the ballot secrecy folder and give
the same to the voter who shall personally feed the accomplished ballot
into the PCOS ballot e n t ~ yslot.
u) Close the voting after the ten (lo) voters have voted by performing the
following:
!

The Chairman shall place the iButton security ley on top of the iButton
securi,ty key receptacle, apply slight pressure thereto, and remove the
iButtdn security key from its receptacle, after which the PCOS will display
the Main Menu;
2. Press the "CLOSE VOTING" option in the Main Menu;
3. The screen will display a message "ARE YOU SURE YOU WANT TO
CLOSE VOTING? NO MORE BALLOTS WILL BE ACCEPTED AFTER
THIS! Select "YESnoption;
4. 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". 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 display a message "PIN ACCEPTED";
1.

'4-

5. 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";
v) Thereafter, the PCOS shall automatically count the votes and immediately
display a message "WOULD YOU LIKE TO DIGITALLY SIGN THE
TRANSMISSION FILES WITH A BE1 SIGNATURE KEY?", with a "YES or
NO" option;
e
w) Press the "NO" option. The PCOS will display "ARE YOU SURE YOU DO NOT
WANT TO APPLY ANY DIGITAL SIGNATURE?", with a "YES or NO" option;
x) Press the YES option. A message shall be displayed "PREPARING ELECTION
REPORTS. PLEASE WAIT ..." followed by a message "PRINTING 8 COPIES
OF NATIONAL RETURNS PLEASE WAIT1';
y) A message shall be displayed "WOULD YOU LIKE TO PRINT MORE COPIES
OF THE'NATIONAL RETURNS", with "YES and NO" options. Press "NO"
option;
z) ~hereaft'r, the PCOS will display "PRINTINF 8 COPIES OF LOCAL
RETU S. PLEASE WAIT", and the PCOS automatically prints the 8 copies;
aa) A mesiage shall be displayed "WOULD YOU LIKE TO PRINT MORE
COPIES (3F THE LOCAL RETURNSJ',with "YES and NO" options, Press "NO"
option;

Rig

bb) Detach'the Election Returns and place it inside the envelope provided for
the purpose;
cc) A mess!aageshall be displayed " R W Y TO TRANSMIT. PLEASE PLUG IN
TRANSMISSION CABLE TO ELECTRONICALLY TRANSMIT ELECTION
RESULTS AND PRESS OK TO CONTINUE", with "OK and SKIP" options;
Do not p \ ~ transmission
~g
cable. Press "SKIP" option;
dd) A message "ARE YOU SURE YOU WISH TO SKIP CONNECTING TO THE
MODEM?", with "YES and NO" options. Press '"YES" option;
ee) The PCOS will display a message "FAILED TO TRANSMIT RESULTS.
TRANSMISSION
PROCESS
FAILED.
PLEASE
DISCONNECT
TRANSMISSION CABLE";
ff) This shall be followed by "PRINTING TRANSMISSION REPORT. PLEASE
WAIT".' .::
gg) The PCQS will automatically print the Transmission Report and thereafter
display qmessage "WOULD YOU LIKE TO PRINT MORE COPIES OF THIS
REPORT", with "YES and NO" options. Press "NO" option;
hh) ~ e t a c h t h Transmission
e
Report and place it inside the envelope (A17-TS);
S display the Main Menu;
ii) The P C ~ will
jj) 'RE-ZERQ the machine counters by pressing the "UTILITIES" in the Main
Menu, and select the "RE-ZERO" option in the next menu.
I

The PCOS wil1:Request for the "PIN" of the Poll Clerk who will then enter
his "PIN", and press "ENTER;
Request for the second "PIN" from the Third Member ~ 7 h o
I.
will then enter his "PIN", and press "ENTER";
Validate the "PIN': and display a message "PIN ACCEPTED".
2.
:
ltl) The chairman shall enter the "RE-ZERO PIN", then press "ENTER;
The PCQS will:
'
I. Display "RESULTS HAVE BEEN ZEROED"; and
1

L.6

2.

~ u t o m a t i c a lreturn
l~
to the Main Menu.

Sec. 27. Manual verification of results. - The SBEI shall retrieve the
accomplished valid test ballots from the ballot box, manually count the votes therein,
and accomplish the Election Returns (ER) provided for the purpose. The following rules
shall be observed in the manual counting of votes:

a) The Chairman shall verify the ballots to determine whether there is overvoting. If there is an over-vote in a position, no vote shall be counted in favor
of any candidate for the said position;
b) The Chairman shall talze the ballot one by one, and read the names of
candidates voted for and the offices for which they were voted in the order in
which t h ~ appear
y
thereon;
c) The Poll T~lerkshall record on the ER the vote as the names voted for each
office are read. Each vote shall be recorded by a vertical line, except every fifth
vote w h i ~ hshall be recorded by a diagonal line crossing the previous four
vertical lines;
I

d) After finishing the ten (lo) test ballots, the Poll Clerk shall determine the
total number of votes obtained by each candidate;
e) The SBEI shall compare the results of the manually-prepared ER wit11 that
of the machine-generated ER.
1) If the results of both ERs are the same, the certification pol-tion of both
ERs shall be signed by the SBEI and the representatives of the political
parties, candidates or citizens arms present;
2)

If the results of both ERs are not the same, the SBEI shall reviewlreappreciate the ballots to determine the cause of the discrepancy. If
after re-appreciation, there is still discrepancy, the SBEI shall call on
thk assigned technical support personnel.

f) The SBEr shall immediately submit a report of the testing to the SBRCG; and
Sec. 28. Post testing procedure; Shutting down the PCOS machines. a)
The certified IT-capable SBEI member shall turn off the PCOS by performing the
following:
!

1) Press the SHUT DOWN option in the Main Menu. The PCOS will
display the message ARE YOU CERTAIN YOU WANT TO SHUT
DOWN THIS PCOS? Select YES option. Wait until the light of the
scfeen turns off;
2) Disconnect the battery from the PCOS machine;
3) Disconnect the battery cable from the battery;
4) Disconnect the power cable of the PCOS machine from the electrical
outlet;
5) Disconnect the power cable from the PCOS machine;
6) Place the counted ballots, machine-generated ER together with the
manually-accomplished ER and all reports in an envelope (A17-TS) for
submission to the EO for safekeeping, after the testing and sealing;
!

~4
18

b) The SBEI shall:

1.
2.

3.
4.
5.
6.

Retrieve the envelope containing the back-up memory card from the
PCOS box;
Open the ADMINISTRATOR slot, insert the back-up memory card in
the memory card slot of the PCOS, and seal the slot with seriallynumbered plastic security seal;
@
Place the PCOS iButton inside the printer compartment of the PCOS,
cover the printer and seal with serially-numbered plastic security seal;
Record in the OVF No. 11 the serial numbers of the plastic security
seals used;
1
Place the battery and its peripherals inside the battery box;
Place inside the PCOS box the following:
i. The PCOS and its power cord;
ij. PINS for the SBEI;

iii. PIN for re-zeroing; and

i

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

,
envelopes
i

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

7. Sial the PCOS box with the paper seal provided for the purpose; and
8. ~ l l o w
watchers to place their own seal if they desire.
Interested parties may, with prior authority from the Head of Post, watch over
the polling center where the PCOS are kept.
Sec. 29. Disposition of forms/supplies. After the testing and sealing, the

SBEI shall:
a) Submit to the SBRCG the envelope containing the following:
I.

Diagnostic Report;

2.

Initialization Report;

3. ~ i b hcopies
t
of ER;
4. ~ i n u aER;
l

5. Transmission Report; and

6. Counted ballots.

The SBRCG shall keep the above documents in his custody until fui-ther
instructions from the Commission.
b) Leave inside the polling place, properly secured, the PCOS contained in the
sealed bo;k, the battery inside its box, and the sealed ballot box.
Sec. 30. PCOS machines to be opened on April 13, 2013. - The PCOS
machines shall be opened only on April 13, 2013, before the voting starts, and in the
presence of watchers, if any.
;

19
-

- - - - - - - - - - - - - - - - - - - - - -

ARTICLE VIII
CASTING OF VOTES
Sec. 31. Who are allowed to vote. - All overseas voters may vote for
Senators and accredited party/organization or coalition thereof participating under the
party-list system of representation.
e
Set. 32. Pe,~iod
for casting of votes. - Casting of votes shall be for a period
of thirty (30) calendar days beginning at 8:00 o'clock in the morning of April
13, 2013, local time of the host country until 7:00 o'clock in the evening of
May 13,2013, Philippine time inclusive of all established holidays in the Philippines
and such other holidays in the host countries.

Except on April 13, 2013 where all Posts are required to open at 8:00 o'clock
in the morning, local time of the host country, the Post may adopt a flexible
schedule for the operation of the various SBEIs; provided it is continuous and it will not
be less than eight @)hours a day, taking into account the availability of voters and the
primary responsibilities and functions of the members of the SBEIs.
If at 7:00 o'cloclr in the evening of May 13, 2013, Philippine time, there
are still voters wholhave not yet cast their votes within the thirty (30) meters in front of
the polling place, !the voting shall continue to allow said voters to cast their votes
without interruption. The Poll Clerk shall, without delay, list the names of said voters.
The voters listed sh'all 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 who is not present when called
shall not be permitted to vote at any later time.

Sec. 33. PZace of voting. - Casting of votes shall be done in the designated
voting area within the premises of the Posts and other voting areas as may be authorized
by the omm mission!
Sec. 34. prohibitions during voting. - The voter shall not:

a) Bring the! ballot, ballot secrecy folder or marking pen outside of the polling
place;
)

b) Speak wikh 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 gisability;
e) Erase any printing from, and 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;
1

g) ~ntentionall~
tear or deface the ballot; and

11) To disrupt or attempt to disrupt the normal operation of the PCOS.

'4-

Set. 35. Rules to be observed during the voting. - During the voting, the
SBEI shall ensure 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 SBEI, 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 plack; and
I
e) The ballot box shall remain sealed during voting.

Sec. 36. Preparation of ballots for illiterate voters or person with

disability (PWD). I
,
a) No voter shall be allowed to vote as illiterate or PWD .unless such fact is so
indicated in the O W No. 2-A or such condition of physical disability is apparent;

40

b) A voter
is illiterate or PWD who is unable to prepare the ballot by himself
may be assisted in the preparation of his ballot by a relative within the fourth
civil degreelof consanguinity or affinity, or by any person of his confidence who
belongs to the same household, or by any member of the SBEI;
c) No person shall assist an illiterate or PWD voter more than three (3) times
except the inembers of the SBEI. The Third Member shall enter in Part IV of
OW No. 11; the names of the persons each member assisted. At the end of each
voting day, the Third Member shall indicate on Part IV of OVF No. 11 the total
number of Zimes each member of the SBEI assisted an illiterate or physically
disabled voter;
d) The assistor shall accomplish the ballot for the illiterate or PWD using a ballot
secrecy fold&rin the presence of the latter; and

f) The assiitor shall bind himself in writing and under oath, to accomplish the
ballot strictly in accordance with the instructions of the voter and not to reveal
the contebts of the ballot by affixing his signature in the appropriate space in
Part IV of O W No. 11.

Sec. 37. Express lane for PWDs and senior citizens. - PWDs and senior
citizens voting in their respective polling places shall be afforded their right to an
express lane and mhde to vote as soon as they arrive.
Sec. 38. Cfiallengeof illegal voters. - Any voter or watcher may challenge a
voter for:
a) Not beingia registered overseas voter;
b) Using the iname of another; or
c) Suffering irom an existing disqualification.
In such a case, the SBEI shall satisfy itself as to whether or not the ground for the
challenge is true bylrequiring proof of registration, identity or qualification.
!
b@

Sec. 39. Challenge based on certain illegal acts. - Any voter or watcher
inay challenge any voter on the ground that:

a) The challenged person has received or expects to receive money or anything of

value as coqsideration for his vote, has paid, offered or promised t o pay, has
contributed,, offered or promised to contribute money or, anything of value as
consideration for the vote of another;
.

b) The challenged person has made or received a promise to influence the giving
or withholding of any such vote; or

c) The challenged person has made a bet or is interested directly or indirectly in a

bet, which dkpends upon the results of the election.
\

The challenged person shall take an oath before the SBEI that he has not
committed any of the acts alleged in the challenge and accomplish the Oath of Voter
Challenged for Illegal Acts (OVF No. 39). Upon taking suchroath, the challenge shall be
dismissed and the voter shall be allowed to vote. In case the voter refuses t o take such
oath, the challenge shall be sustained and the voter shall not be allowed to vote.
Sec. 40. Record of challenges and oaths. - The Third Member of the SBEI
shall record in Pak VII of O W No. 11 all challenges and oaths taken in connection
therewith and the decision of the SBEI in each case.
Sec. 41.Prohibition on premature announcement of voting. - No member
of the SBEI shall, before the termination of the voting, 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 any person voted.

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

I.

Before April 13,.2013:

I
A. The SBRCG shall:

1) Isshe the CLOV and OVF No. 2-A to each SBEI;

i

2) ~ l l b c a t eto each SBEI the official ballots and other forms and supplies
base& on the rate of distribution indicated in the Cekificate of Receipt of
Form's and Supplies for Voting by the SBEI (OW No. 14) and accomplish
the blank columns thereof;

3) ~ s i i a~corresponding
n
identification number for each SBEI which shall
be indicated on the Ballot Receptacle to be assigned to an SBEI;

4) Place inside the Ballot Receptacle the forms and supplies listed in O W
NO.14;
5) Iss'i~ethe Ballot Receptacle and assigned accomplished O W No. 14 to
the SBEI; and

6) Re'ceive from the SBEIs the Ballot Receptacle after they have checked
the contents therein, together with the corresponding accomplished OVF
NO. 14.

4
22

B.

The SBEI shall:

1) Remove the contents of the Ballot Receptacle to ascertain if the actual

quantity of ballots received is equal to the number of voters assigned to it
based on the CLOV;
a) If more than the number of voters, return the excess ballots to
the SBRCG;or
b) If less, obtain from the SBRCG additional ballots;

a) Examine the quantity of other supplies, inclpding the serial numbers, if

any, to determine if they are the same as those recorded in the
accomplished OVF No. 14;
i

a) If the quantity of other forms and supplies are the same, sign the
Aclrnowledgment Receipt on O W No.14; or
b) If not, refer the matter to the SBRCG wllo shall report to the

cov.

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

4) Return the official ballots and other forms and supplies issued inside
the Ballot Receptacle;

5) ~ e h the
l cover of the Ballot Receptacle with a masking tape and affix
their signatures thereon;
6 ) Deliver the sealed Ballot Receptacle together with one copy of O W No.
14 to the SBRCG for safekeeping. The other copy of OVF No. 14 shall be
retained by the SBEI for their file;

7) Require the SBRCG to aclmowledge receipt of the Ballot Receptacle by

accomplishing the logbook maintained for the purpose; and
8) PoSition the CLOV in a conspicuous place within the premises of the
polling place.
11.

Before the voting begins on April 13,2013:

A.

The SBRCG shall:

1) Issue to each SBEI its Ballot Receptacle; and
2) Require SBEI to acknowledge receipt of the Ballot Receptacle using a
logboolz maintained for the purpose.

B.

The SBEI shall:

B.1 In the presence of the SBRCG:

I) Brealz the Ballot Receptacle seal;

2)

Open the Ballot Receptacle;

3) Determine and segregate the number of official ballots and other

forms and supplies to be used for the day and shall be entered in
Part II.C.1 of O W No. 11;

4) Place the official ballots in the box intended for the purpose;
5) Return the remaining official ballots, forms and supplies inside
the Ballot Receptacle;

6) Seal the cover of the Ballot Receptacle and the Election Materials
box with a masking tape and affix their signatures thereon;
',

7) Deposit the Ballot Receptacle and the,Election Materials box with

SBRCG for safekeeping;

8) Require the SBRCG to aclznowledge receipt of the Ballot

Receptacle and the Election Materials box using the logbook
maintained for the purpose; and
g) Proceed to the polling place.
B.2 In the Polling Place:

a) Record the names of the watchers present, date and time of arrival, and the
party or'candidate they represent on Part VI of OVF No. 11and require them
to affix their signatures;
b) Ensure that the PCOS box is in the precinct and it has all the election forms,
documents and supplies needed;
c) Show to the public and the watchers present that:
I. PCOS box is sealed;
2. Ballot box is empty and thereafter seal with four (4) plastic seals;
3. pkckage of official ballots is duly sealed and thereafter, break the seal;
I

d) Remove the paper seal of the PCOS box;

e) Open the PCOS box;

f ) Checlz &ether the following are inside the PCOS box:

1)
2)
3)
4)
5)
6)
7)
8)

Checltlist of the contents of the box;

PCOS machine;
Power cord of the PCOS;
Thirteen (13) rolls of official thermal paper;
iBu~on
Three (3) security PINS of the BEI;
One (1) PIN for re-zeroing which shall remain in the PCOS box; and
Marlzing Pens
I

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

4-

i. Check if the serial number of the paper seal used in the PCOS box is the
same as the serial number recorded in O W No. 11;
ii. Enter in O W No. 11the number of ballots as indicated in the pacltage of
the ballots; and the fact that the PCOS box, and the pacltage of ballots
were shown to the public with the seals intact.
h) Retrieve the security PIN from the PCOS box and distribute the same
among themselves. The RE-ZERO Pin shall be retaihed inside the
PCOS box. If there is a need to use the RE-ZERO Pin, inform the
Technical Support Personnel, the reason for the need, and enter such
fact in OVF No. 11;
i) Retrieve the PCOS from its box;

j) Show to the public that the printer cover of the PCOS and the slots
1abelled'POLLWORKER and ADMINISTRATOR containing the main
memoly card and back-up memory card, respectively, are sealed;
I

k) Place the PCOS properly on top of the ballot box;

1) Break the serially-numbered plastic security seal of the printer cover
of the PCOS;
m) Open the printer cover and the Chairman shall take out the iButton
security'ltey;
n) Ensure that the roll of official thermal paper is properly installed;
o) Close the printer cover;

p) Connect the power adaptor to the PCOS AC power port (PoVAC) and
plug the other end to the electrical outlet. There shall be no passage
way betiveen PCOS and its power outlet. A perimeter must be
maintained on the sides and at the back of the PCOS, if space
permits/is available;
q) Connect the battery to the PCOS DC power port (12 VDC). If there is
no power, press with a ballpoint pen the RESET button located at the
top of the PCOS AC power port;

r) Wait until the PCOS displays the message "BE1 AUTHENTICATION

PLEASE INSERT SECURITY KEY FOR AUTHENTICATION". The
Chairman shall
s) Place the iButton security key on top of the iButton security key
receptacle and apply slight pressure thereon. A message "PLEASE
ENTER SECURITY PIN" will be displayed in the screen;
I) Enter the security PIN;
2) Wait until the message "BE1 SECURITY KEY VERIFIED" appears on
the PCOS screen. A message "IS THIS THE CORRECT TIME?", with
"YES/NOnoptions appearing on the screen.
3) Select "YES" if the date and time is correct, and enter such fact in OVF
No. 11.
4) Select "NO" if the date and time is incorrect. The screen will display
"SET YEAR". Press "+++'I if the year displayed is less than 2013 or
press "---" if year is more than 2013, then press enter. The PCOS will
=%r
25
---------

------

------ ----

then display the "SET MONTH" then "SET DAY then "SET DAY,
HOUR AND MINUTE". Just press either "+++" to increase or "---" to
decrease the month, day, hour and minute then press "ENTER. After
correction of the date and time has been effected, enter such fact in
O W No. 11.
5) Wait until the MAIN MENU is displayed.

t) The certified IT-capable member of the BE1 shall ljerform the following
procedures:
1) select "OPEN VOTING" from the Main Menu. The PCOS shall then:
i.1 Aslz for the PIN of the poll clerk who will then enter his PIN, and
press ENTER;
ii. Ask for the second PIN from the third member who will then enter
his PIN, and press ENTER;
I

iii, Display a message "PIN ACCEPTED";

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

"PREVIOUS SCREEN".
U)

Press the "INITIALIZE VOTE COUNTERS" option of the PCOS. The PCOS
shall: .
I) Display the message "INITIALIZING VOTE COUNTERS (ENSURING
THAT VOTE COUNTERS ARE ZERO) PLEASE WAIT ...";
2) Display the message "RESULTS HAVE BEEN ZEROED";
3) Automatically print the Initialization Report showing zero (0) vote for
each candidate including the geographic information;
4) After printing the Initialization Report, the PCOS will display the
message, "WOULD YOU LIKE TO PRINT MORE COPIES OF THE
ZERO TAPE?", with "YES and NO" options. Press "NO". The PCOS will
diiplay the message "PLEASE INSERT BALLOT". Now, the PCOS is
ready to accept ballots.

v) Detach the Initialization Report, affix their signatures thereon including

those of the representatives of the political parties, candidates or citizens
arms present; and
w) The chairman shall then place the Report inside the envelope (OW No. 18A) for submission to the SBRCG after the voting.
I

Sec. 43. ~ h n e ofr obtaining ballots. -

a) The voter approaches the Poll Clerk and gives his name and address together
with other data concerning his person;

,
b) The SBEI or support staff shall verify from the O W No. 2-A if his name is
included thetein;
1

I) If 6is name is included, the SBEI or support staff shall ascertain the
voter's identity through his photo in OW No. 2-A.
..$/

In the absence of the voter's photo, require the voter to present his valid
passport or any identification card bearing his photograph and signature.
In the absence of ally identification documents, any member of the SBEI
can identify the voter by accomplishing the Oath of an SBEI Member
Identifying a Voter (OW No. 40-B). Such fact shall be entered in Part V of
the O W No. 11 and the accomplished OVF No. 40-B shall be attached
4
thereto.
If hisiidentity still cannot be ascertained by any of the foregoing means,
the person shall not be allowed to vote and he will be asked to leave the
polling place.
2) If the identity of the voter has been ascertained or has not been
challenged or having been challenged the question has been decided in his
favor: direct the voter to approach the Chairman for issuance of his official
ballot, require the voter to affix his signature ig OVF No. 2-A.
I

C)Before issuing the official ballot and the marking pen, the Chairman shall:
1) Make sure that the ballot corresponds to the main memory card
instaliled in the PCOS.

If the ballot does not correspond to the main memory card, set aside
the ballot to be returned later to the SBRCG, issue another ballot.
Rkcord such fact in OVF No.11.
~ l ) ballot
e
that was returned shall be included in the pile of ballots that
bears the same ballot identification as that borne by the ballot that was
returned.
!

2) Authenticate the ballot by affixing his signature at the space provided at

the ufiper front of the ballot;

Failure to authenticate the ballot shall not invalidate the ballot but the
Chairman shall be liable for an election offense;
I

3) Instruct the voter on how to fill-up the ballot properly;

4) InSert the ballot in the ballot 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.
Odly the Chairman shall issue the official ballots, and not more than
olie ballot,shall be issued at one time.
Sec. 44. Manner of voting.- a) The voter shall:

1) Fill his ballot, using a ballot secrecy folder and the marking pen provided by
the COMELEC, by fully shad in^ the oval beside the names of the candidates and
political pa&y participating in the party list system of representation of his
choice;

4- I

2) Approach the PCOS with his accomplished ballot inside the ballot secrecy
folder, and wait until the message "INSERT BALLOT" appears on the screen
before inserting his accomplished ballot in the ballot entry slot;

3) Proceed to the SBEI Chairman to return the ballot secrecy folder and marking
pen when the message "CONGRATULATIONS, YOUR VOTE HAS BEEN
REGISTERED" appears on the screen of the PCOS;
*
b) The Third Member/Support Staff shall:
1.

Monitor t h e PCOS screen to make sure that the ballot was successfully
accepted; and

2.

Instruct the voter to return the ballot secrecy folder and marking pen to the
Third Mqmber/Support Staff, and then leave the polling place.
i
I

Sec. 45. Rejected ballots; Procedure. - Ballots may be rejected by the PCOS
during scanning. There will be three (3) different types of messages when the PCOS
rejects a ballot. ~or'eachmessage, the SBEI shall observe the following procedures:

a) "AMBIGUOUS MARK"
Let the voter review his ballot and ensure that the ovals opposite the
names of the candidatelparty voted for are fully shaded.
I

b) "MISREAD BALLOT"
Let the voter re-feed the ballot in four (4) different orientations.
C)"INVALIS BALLOT"

If the!ballot corresponds to a different main memory card, the voter shall

return the ballot to the Chairman who shall proceed to Steps (d) (I) and
(2) hereof;
2) If the ballot corresponds to the main memory card, let the voter re-feed
the ballot in four (4) orientations.
?
d)'In all cases, if the PCOS rejects a ballot, the voter shall return the ballot to the
Chairman who shall:

3) Pla'ce inside the Envelope for Rejected Ballots.

No replacement ballot shall be issued to a voter whose ballot is rejected by
the PCOS.
>

"d

Any party objecting to the rejection of the ballot shall reduce his objection
in writing, which the SBEI shall attach to and note in OVF No. 11.
Sec. 46. Changing memory card in the PCOS. - If all the ballots
corresponding to the main memory card installed have already been consumed:
a) The Chairman shall place the iButton security lzey on top of the iButton
security key receptacle and apply slight pressure therebn until the message
"SECURITY.KEYVERIFIEDJ' appears on the PCOS screen. Wait until the "MAIN
MENU" is displayed;
b) Select PRINT REPORTS;
1

cl S ~ l e rSTATUS
t
REPORT:

e) The PCOS shall print the STATUS KEPOKT.

i

f) The PCOS will ask "WOULD YOU LIKE TO PRINT MORE COPIES OF THIS
REPORT?" with '"YES" and "NO" options. Press "NO";
I

g) The SBEI shall detach the STATUS REPORT, affix their signatures on the
spaces provihed thereon. The watchers shall likewise affix their signatures on the
corresponding spaces provided;
I

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

i) The ~ ~ 0 ~ i s hthen
a l lindicate a message saying "PLEASE INSERT BALLOTJ';
j) The ~ h a i r h a nshall place the iButton security key on top of the iButton security

lzey receptacle and apply slight pressure thereon until the message "SECURITY
KEY VERIFIED" appears on the PCOS screen;
I

lz) The P C O will

~ next display the Main Menu;
i

1) Select "SHUT DOWN" option;

m) The PCO'S will display a message "ARE YOU CERTAJN YOU WANT TO SHUT
DOWN THIS PCOS?";
n) Select "YESJJ;
o) The PCOS will display a message "SHUTTING DOWNJ';
p) Wait until the light of the screen turns off. The PCOS will automatically shut
i
down;
q)

isc connect the power adaptor to the PCOS AC power port (20 VAC);

r) Disconnect the battery from the PCOS;

s) Break the seal of the main memory card slot and remove the main memory
card and labkl it as ''I" . Label the next used main memory card as "a" and so on;
't) Remove the PCOS from the ballot box and place it in its box;

U) Seal the sliding cover of the ballot box with a plastic seal. Seal the cover of the
ballot box with packaging tape by wrapping around the cover and extending it to
the upper part of the ballot box, then affix their signatures therein and require
the watchers present to also affix their;

w) Collect tlie PINs from the SBEI members;

X) The Chairman and the Poll Clerk shall:
I)

Proceed to the SBRCG with the following items:

i) ballot box;
ii) main memory card, iButton and PINs;

2)

Submit to the SBRCG the ballot box;

3) Retrieve from the SBRCG the Election Mate~ialsborx;

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

5) ~ e p i e v the
e resealable plastic bag containing a new main memory card
corresponding to the new set of ballots;
6) Retrieve the new main memory card, iButton and PINS from the
resealable plastic bag;
7) Return the resealable plastic bag into the Election Materials box; and
I

8) Seal the Election Materials box with a packaging tape and affix their
signatures thereon;
9) Get from the SBRCG a new ballot box;
!

lo) ~ k t r i e v from
e
the SBRCG the Ballot Receptacle;
12) Require SBEI to acknowledge receipt of the above-mentioned supplies
and election materials using a logbook maintained for the purpose.

The Third Member shall remain in the polling place to secure the PCOS machine.

y) The SBEI shall, in the presence of the SBRCG:

I) Break the

Ballot Receptacle seal;

2)

open the Ballot Receptacle;

3) Get four (4) new serially-numbered seal for the ballot box;
4) Get one (1) new serially-numbered plastic security seal for the main
memory card compartment;

5) ~ e t e r m i n eand segregate the number of official ballots containing the

ballot ID number appearing in the memory card, and other forms and
supplies to be used for the day;

4'

The number of official ballots to be used for the day shall be entered in
Part II.C.1 of OVF No. 11.

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

8) Seal the cover of the Ballot Receptacle again with a packaging tape and
affix their signatures thereon;
e
g) ~ k ~ o sthe
i t Ballot Receptacle and the Election Materials box with
SBRCG for safekeeping;

lo)~t#pire the SBRCG to aclmowledge receipt of the Ballot Receptacle

and the Election Materials box using the logbook maintained for the
purpose; and
11) ~ A c e e dto the polling place.
I

z) In the poljing Place:

1) Remove the cover of the ballot box;
2)

~ h &to the public that the ballot box is empty;

3) Sed the sides of the ballot box with serially numbered plastic seals;
!

4) Enter in Part V of OVF No.

the public with its seal intact;

11 the fact that

the ballot box was shown to

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

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

7) Record in OVF No. I i the Ballot ID assigned to the new main memory
card;

>

8) Open "POLL WORKER" compartment and insert the main memory

card ih the corresponding slot;
9) Seal the "POLL WORKER" compartment with a serially-numbered
plastik security seal, which shall remain sealed during the voting;
!

10) E'nter the serial number of the plastic security seal for the "POLL
WOR~ER''compakment in O W No. 11;
11) open the printer cover and verify if there is still sufficient roll of paper
installed in the printer;

12) Cbse the printer cover;

13) Install and initialize the PCOS by performing the appropriate
procedures stated in Sec. 43 I1 .[B.2 (p to w)] herein;
1

14) ~ i c o m ~ l i Part
s h 1I.A of OAV No. 11; and
d

15) vdting shall resume.

14
31

I
----

? - - -

---

--------

----------i

Sec. 47. Procedures a t the end of each voting d a y . - The SBEI and SBRCG
shall observe the following at the end of each voting day.
A. The SBEI shall:

1) Print the Status Report

e

a) The Chairman shall place the iButton security key on top of the iButton
security lzey receptacle and apply slight pressure thereon until the message
"SECURITYKEY VERIFIED" appears on the PCOS screen. Wait until the
"MAIN MENU is displayed;
b) Select PRINT REPORTS;
c) Select STATUS REPORT;
d) Tht PCOS will aslz for the number of copies to print. Press "1".
I

e) The PCOS will aslz "WOULD YOU LIKE TO PRINT MORE COPIES OF
THIS!REPORT?" with "YESJ'and "NO" options. Press "NO";
i
f) ~et!achthe Status Report;
g) Count the number of unused ballots and record the same in Part II.D.6
of OVF No. i l ;

The PCOS will display the message "PLEASE INSERT BALLOT".

2)

Shut D o h the PCOS

a) Thk Chairman shall place the iButton security l e y on top of the iButton
security lzey receptacle and apply slight pressure thereon until the message
"SECURITY ICEY VERIFIED" appears on the PCOS screen. The PCOS will
next display the Main Menu;
Befort shutting down the PCOS, accomplish Part 1I.B and record in Part
II.D.4 of O W No. 11, the number of ballots cast as shown on the screen of
the PCOS;
I

b) Select "SHUT DOWN" option;

c) The PCOS will 1display a message "ARE YOU CERTAIN YOU WANT TO
SHUT DOWN THIS PCOS?"
1

d) ~ e f e c'YES";
t
e) The PCOS will display a message "SHUTTING DOWN";
I

f) Wijt until the light of the screen turns off. The PCOS will automatically
shut down.
g) Disconnect the power adaptor to the PCOS AC power port (20 VAC);

h) Disconnect the battery from the PCOS;

I

The PCOS and ballot box shall remain inside the polling place properly
securkd, for use in the succeeding days until May 13,2013.
cf.
32

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

4) Together ivith the watchers present, sign on the corresponding portions of the
Status Report and place it inside the envelope (OVF 18-A);

5) Record in O W No.
Status Report;

11 the

number of valid ballots cast, as indicated in the

1

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

7) Retrieve from the SBRCG the Election Materials box to return the following:

b) PINs; and
I

c) Marlzing pens
The SBEI shall ensure that the iButton and the PINs are placed inside its
corresponding resealable plastic bag before returning the same into the
Electibn Materials box.

8) Retrieve from the SBRCG the Ballot Receptacle, remove the tape, and place
therein the following:
I

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

b) ballot secrecy folders;
c) signed Status Report;
1

d) Envelopes containing O W No. 11; and

i

e) Other forms and supplies.

1

9 ) Seal the 'cover of the Ballot Receptacle and Election Materials box with a
masl<ingtape and the members of the SBEI shall affix their signatures thereon;
10) Submit the sealed Election Materials box and Ballot Receptacle and OW No.
2-A to the SBRCG for safekeeping; and
11) Require the SBRCG to aclrnowledge receipt using the logbook maintained for
the purpose.'

B. The SBRCG shall:

1) Ensure thit the Election Materials box, Ballot Receptacles are properly sealed;
and
2)

Keep the Ballot Receptacles in a secured place for issuance the next day.

See. 48. Procedures at the start of euemj voting day afier April 13,2013.
- Before the start of every voting day, the SBEI and SBRCG shall observe the following
procedures:

A.' The SBEI in khe presence of the SBRCG shall:

1) Retrieve the Ballot Receptacle, break its seal and get the number of ballots to
be used for the day from the ballot package corresponding to the ballot ID
number and the envelopes containing the O W No. 11;
2) Record in Part II.C.1 of OVF No. 11 the number of bfficial ballots to be used for
the day;

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

supplies;
5) Retrieve OWNo. 2-A;

6) Seal the cover of the Ballot Receptacle with a packaging tape and affix their
signatures thereon;
7) Deposit the Ballot Receptacle with SBRCG for safekeeping;

8) Require the SBRCG to acknowledge receipt of the, Ballot ,Receptacle using the
logbook maintained for the purpose;
1

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

i) iButton for the currently installed memoly card in the PCOS;

ii) PINs for the SBEI;

iii) Marking pens;

l o ) Seal the. Election Materials box with a masking tape, affix their signatures
thereon and keturn to the SBRCG;
11) Proceed to the polling place,

B. In the polling place, the SBEI shall:

I

I) Record the names of the watchers present, date and time of arrival, and the

party or canbidate they represent on Part VI of O W No. 11 and require them to

affix their signatures;
2) Ensure that

it has all the election forms, documents and supplies needed;

3) Without opening the ballot box, show that there are ballots inside the ballot
box, as the case may be;
4) Enter in Part V of the O W No.
were shown to the public;

11

the fact that the PCOS box and ballot box

5) Distribute the PINs among members of the SBEI;

i

6) Connect the power adaptor to the PCOS AC power port (20 VAC) and plug it
into the electrical outlet;
7) Connect the battery to the PCOS;

8) Wait until the PCOS displays the message "BE1 AUTHENTICATION PLEASE
INSERT SECURITY KEY FOR AUTHENTICATION";
I

9 ) The Chairman shall place the iButton security ltey on top of the iButton
security ltey receptacle and apply slight pressure thereon until the message "BE1
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 end of voting.
lo) Select "OPEN VOTING" from the Main Menu;

11) The PCOS shall request for a PIN;

12) The Poll ' ~ l e r shall
k
then

enter his PIN and press "ENTER";

13) The PCOS shall validate the PIN and display a message "PIN ACCEPTEDJ';
14) The PCOS shall request for another PIN;

15) The Third Member shall then enter his PIN and press "ENTER;
16) The PCOS shall validate the PIN and display a message "PIN ACCEPTED";
17) Display &o

(2) options:

"RESUME" and "PREVIOUS SCREEN";

18) Press the "RESUME" option in the Main Menu. The PCOS shall:
i) Automatically print the Status Report showing the number of voters who
actually voted and the number of valid ballots counted;
ii) After printing the Status Report, the PCOS will display the message,
'W0ULD:YOU LIKE TO PRINT MORE COPIES OF THIS REPORT?" with a
"YES" and "NO" options. Press "NO". The PCOS will display the message
"PLEASE INSERT BALLOT". Now, the PCOS is ready to accept ballots.
ig) Detach 'the Status Report, affix their signatures thereon including the
watchers present;

20) Compare the number of valid ballots cast in the Status Report with that as
recorded in OVF No. 11;
21) Place t h Status Report inside the envelope (18-A) for submission to the
SBRCG after each voting day for its safekeeping; and
I

22) Accomplish Part 1I.A of

OAV No. 11.

23) Voting shall commence and continue for eight (8) hours.
See. 49. Hocedure on the last votingday. - The SBEI shall retrieve its
Ballot Receptacle and Election Materials box from the SBRCG and bring the same to the
polling place and conduct the voting until 7:00 o'clock in the evening, Philippine time.
At the end of voting at 7:00 o'clock in the evening on May 13,2013, the SBEI shall:

a) Print the Status Report

1) ~ h Chairman
6
shall place the iButton security key on top of the iButton
security key receptacle and apply slight pressure thereon until the message
"SECURITY KEY VEFUFIED" appears on the PCOS screen. Wait until the
"MAIN MENU" is displayed;

2) Select PRINT REPORTS;

4)

he PCOS will ask for the number of copies to print. Press "I".

5) The PCOS shall print the STATUS REPORT.

6) The PCOS will ask "WOULD YOU LIKE TO PRINT MORE COPIES OF
THIS.REPORT?"with 'YES' and "NO" options. Press "NO";
7) Detach the Status Report;

8) Count the number of unused ballots and record the same in Part II.D.6
of O W No. 11;

The PCOS will indicate a message saying "PLEASE INSERT BALLOT".

/

b) Shut D o h the PCOS

I) The Chairman shall place the iButton security key on top of the iButto11
security key receptacle and apply slight pressure thereon until the message
"BE1 SECURITY KEY VERIFIED" appears on the PCOS screen. The PCOS
will nkxt display the Main Menu;
I

Before shutting down .the PCOS, accomplish Part 1I.B and record in
Part II.D.4 of O W No. 11, the number of votes cast as shown on the
scieen of the PCOS;
2)

SeTect "SHUT DOWN" option;

3) The PCOS will display a message "ARE YOU CERTAIN YOU WANT TO
SHUT DOWN THIS PCOS?"
4) ~ e f k c"YES";
t

.5) he PCOS will display a message "SHUTTING DOWN";

6) Wait until the light of the screen turns off. The PCOS will automatically
shut down;
7) is connect the power adaptor to the PCOS AC power port (20 VAC) and
unplug the power cord;

8) ~ i i e o n n e cthe
t battery from the PCOS;
c) Collect the PINS from the SBEI members;
d) Break the seal of the "POLL WORKER" compai-tment and remove the main
memory card;
,I

e) The SBEI! and the watchers shall sign on the corresponding portions of the
STATUS REPORT;
f) Record in OVF No. 11the main memory card number and the number of valid
ballots counted, as indicated in the Status Report;

436

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

h) Return the following inside the Election Materials box:

1) main

memory card;

2)

iButton;

3) PINs;
4) Marlzing pens;

The ~ B E shall
I
ensure that the main memory card, iButton and the PINs
are inside the original resealable plastic bag before returning the same into
the Election Materials box.

i) Return the following to the Ballot Receptacle box:

1) ~ n h s e d
ballots, which

are returned to its original ballot package;

2) Ballot secrecy folders;

3) Signed Status Report; and

4) other forms and supplies.
j) Retrieve Gorn the Election Materials box the resealable plastic bag for the main

memory card labeled "1"

10 Close voting
i

I)

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

2)

Retribe the corresponding iButton and PINs from the resealable plastic
bag;

3)

Connect the power adaptor to the PCOS AC power port (20 VAC) and plug
it intb the electrical outlet;

4)

Connect the battery to the PCOS;

5)

Turn the PCOS on;

6)

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;

7)

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

8)

The screen will display a message "ARE YOU SURE YOU WANT TO
CLOSE VOTING? NO MORE BALLOTS WILL BE ACCEPTED AFTER
THIS:" Select "YES" option;

'

9)
10)

The PCOS shall request for a PIN;

The poll Clerk shall then enter his PIN and press "ENTER";
37

.......................

11)

The PCOS shall validate the PIN and display a message "PIN ACCEPTED";

la)

The PCOS shall request for another PIN;

13)

The fhird Member shall then enter his PIN and press "ENTER";

14)

The PCOS shall validate the PIN and display a messake "PIN ACCEPTED";

15)

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";

16)

Thereafter, the PCOS shall automatically count the votes and immediately
display a message "WOULD YOU LIKE TO DIGITALLY SIGN THE
TRA$ISMISSION FILES WITH A BE1 SIGNATURE KEY?", with a "YES"
or "NO" option;
,
I
pressithe "NO" option;

17)
18)

The PCOS will display "ARE YOU SURE YOU DO NOT WANT TO APPLY
ANY DIGITAL SIGNATURE?", with a "YES" or "NO" option;

19)

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

COPIES OF NATIONAL RETURNS. PLEASE WAIT";

20)

A meksage shall be displayed "WOULD YOU LIKE TO PRINT MORE

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

21)

Thereafter, the PCOS will display "PRINTING 8 COPIES OF LOCAL

RETURNS. PLEASE WAIT..." and the PCOS automatically prints the 8
copiek;

22)

The ER will indicate a message: "NO LOCAL CONTESTS FOUND". There

is no need to sign the ER for local positions.

23)

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

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

24)

The SBEI shall affix their signatures and thumbmarks and ask the
watchers present to also affix their signatures on the printed ERs;

25)

Place ;each copy of ER in its corresponding envelope and seal with a paper
seal; :

26)

The chairman of the SBEI shall publicly announce the total number of
votes received by each candidate, stating their corresponding offices;

27)

The P ~ I Clerk
I
shall announce the posting of a copy of the ER for national
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;

,28)

After ;forty-eight (48) hours following the posting, the chairman of the
SBEI 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
/?j-

38

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

competent authority;
The PCOS will display a message "READY TO TRANSMIT. PLEASE PLUG
IN TRANSMISSION CABLE TO ELECTRONICALLY TRANSMIT
ELECTION REPORTS A$?D PRESS OK TO CONTINUE" with "OR' and
q
"SKIP" options. Press "SKIP";
The PCOS will display 'ARE YOU SURE YOU WISH TO SKIP
CONNECTION TO THE MODEM" with "YES" and "NO" options. Press
"YES".
PC09 will display message "FAILED TO TRANSMIT RESULTS " followed
by "PRINTING TRANSMISSION REPORT PLEASE WAIT". PCOS
automatically prints Transmission Report.
After !printing the Transmission Report, PCOS will display ' WOULD YOU
LIKE~TOPRINT MORE COPIES OF THIS REPORT" hith "YES" and "NO"
optiohs. Press "NO". PCOS will display MAIN MENU.
From the MAIN MENU, Select PRINT REPORTS option, then select
ELECTION RETURNS NATIONAL.
The PCOS will display "PLEASE ENTER THE NUMBER OF COPIES TO
PRIN;T", with a numeric keypad;
~ r e s s l t h edesired number of copies (For ERs, press 22, for statistics report
and audit log, press 1);
~ e ~ l dthermal
ce
printer paper roll and press "OK" button;

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. The PCOS will return to the
Main h e n u ;

Select PRINT;
The qCOS 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;
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.
~ e t a c the
h printed Audit Log Report and press "NO" option;
The Statistical Report, Transn~issionReport and Audit Log Report shall be
placed in the envelope where the Initialization Report was placed;
8

The PCOS shall automatically create back-up of files;

I

After printing the remaining 22 copies of ER, the members of the BE1 shall
affix their signatures and thumb marks on the 22 printed ERs and ask the
watchlers present to affix their signatures on the printed election returns;,

44)

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

45)

Create baclrup of files by following the steps below:

i) From the Main Menu, press "BACK-UP AND PROTECT" option;
ii) The PCOS will display a message "ARE YOU SURE YOU WANT TO
BACK-UP DATA AND WRITE PROTECT BACK-UP CARD" with "YES"
and "NOJ'options. Select "YES" option;
iii) The PCOS will display a message "BACKING UP ELECTION DATA.
PLEASE WAIT..." Wait until the message "BACKUP SUCCESSFUL" 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.

1) Select "SHUT DOWN" option;

m) The PCOS will display a message "ARE YOU CERTAIN YOU WANT TO
SHUT DOWN THIS PCOS?";
n) Select "YESJ'.The PCOS will display a message "SHUTTING DOWN";
o) Wait until the light of the screen turns off. The PCOS will automatically shut
down;
p) Disconnect the power adaptor to the PCOS AC power port (20 VAC);
q) DisconneCt the battery from the PCOS;

r) Remove. the main and backup memory cards from their respective
compartments;
s) Place the main memory card in its corresponding envelope. The envelope shall
be submitted to the SBOC;
t) Record the serial number of the seal in OVF No. 11;
u) Return the backup memory card into its original resealable plastic bag;
v) Collect the PINs from the SBEI members and return to its original resealable
plastic bag.

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

x) Open both memory card compartments, and insert the main and backup
memory cards in their corresponding compartments and slots.
y) Repeat from step (3) of Close Voting (paragraph k) up to the immediately
preceding step until all memory cards have been closed.
.z) Memory cards which have not been used for voting shall have to undergo

OPEN VOTING procedure before they can undergo CLOSE VOTING

procedure.

Unless otherwise ordered by the Commission, the SBEI shall not stop or
postpone the counting until it has been completed;
In case a PCOS fails to count the vote or print the results, the IT capable
SBEI member shall announce the error and undertake the necessary
corrective measures. Should the IT capable SBEI member is unable to
correct the error, he shall call on the Technical Suppurt personnel assigned
to the Voting Center for assistance. Such fact shall be noted in the OAV
No. 11.

'

ARTICLE IX
POST-COUNTING PROCEDURES

Sec. 5 0 . sfiutting down and disposition of the PCOS machines. - After

printing all reports: the PCOS shall automatically display the Main Menu.
I

The certified IT capable member of the SBEI shall perform the following:
a) Press the' "SHUT DOWN" option. The PCOS will display the message "ARE
YOU C E R T ~ N
YOU WANT TO SHUT DOWN THE PCOS?";

b) Select "YESJ'option. Wait until the light of the screen turns off;
c) Disconnedt the battery from the PCOS;
d) Disconnect the battery cable from the battery;

e) Disconnect the power cable of the PCOS machine from the electrical outlet;
!

f) Disconnect the power cable from the PCOS machine;

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

h) Place the PCOS machine and its power cable inside the PCOS box;
i) Place the tjattery and its power cable inside the battery box;
j) Turn over'the PCOS box, battery box, Election Materials box, Ballot Receptacle
and ballot box to the SBRCG.

Sec. 51.Di$position of Unused Ballots. - To dispose the unused ballots, the

SBEI shall perform the following:
a) Remove the tape of the Ballot Receptacle and withdraw therefrom the unused
ballots;
1

b) Accomplish Part I11 of OVF No. 11;

i

c) Tear the unused ballots in half lengthwise and accomplish Part 1II.C of the
OVF No. 11; i
d) Place one'half in the envelope (OVF No. 16), for submission to the SBRCG for
safe1teeping;tand
'

e) Place the other half in another envelope ( O wNo. 161, for deposit inside the
ballot box. 1

.........................
b$'

41

Set. 52. ~bcurnents/election

f o m to be deposited inside the ballot
box. -After the printing of election returns and transmitting the results, the SBEI shall:

a) Deposit inside the ballot box, the sealed envelopes containing the:
1) Copy of printed

ER intended for the ballot box;

e

2)

OVF No. 11 copy for the ballot box;

3) Half of torn unused ballots; and

4) Rejected ballots, if any.

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

c) Close ballot box slit using its sliding cover, seal, it with serially numbered
plastic security seal and record the serial number in Part I11 of OVF No. 11.
Sec. 53. ~ocuments/elections
forms to be deposited inside the Ballot
Receptacle. - The following shall be deposited inside the Ballot Receptacle:

b) ~ n v e l o (~ ~e 1 ~containing
)
the other half of torn uilused official ballots;
c) List of ~ o i e r allowed
s
to vote, if any, after 7:00 o'clock in the evening of May
13, 2013; 1
f

d) ~ n v e l o ~ e c o n t a i n the
i n ~Back-up Memory card, Initialization Report, Precinct
Audit Log Report and Precinct Statistics Report;
e) Other copies of the election returns which are not claimed by the
representative of the parties concerned; and
f) Other pertinent papers and documents.
!

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

Sec. 54. ~ i s ~ o s i t i of
o nballot boxes, kegs, election returns and other
docurnens. - The SBEI, accompanied by the watchers if any, shall submit to the
SBRCG the following:
a)'Ballot box;
\

In case the cover of the ballot box delivered by the SBEI is not sealed, the
SBRCG shall seal the same. The SBRCG shall include such fact, including the
serial number of the serially numbered plastic security seal used in sealing the
ballot bot slit, in their report to the Commission.
b) OVF NO.?-A;
c) Envelope (Ail) containing OVF No. 11copy for the Commission;

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

e) Envelopes containing the main memory cards.

Thereafter, the SBEI shall require the SBRCG to acknowledge receipt
using the logbook maintained for the purpose. The SBRCG, in turn shall:
a) Ensure that the ballot boxes are properly sealed and the Ballot Receptacles are
e
likewise properly sealed; and
b) Keep the ballot boxes and Ballot Receptacles in a secured place for safekeeping
until further instructions from the Commission.
Sec. 55. Distribution of Election Returns. - After the printing of the
election returns, tlie SBEI 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 tnvelopes, for distribution to the following:
?

In the election of senators and party-list system:

a) Special B6ard of Canvassers;

C)Citizens arm authorized by the Commission to conduct an unofficial count;

I

d) Dominant majority party as determined by the Commission in accordance

with law;
i
e) ~ o m i n a n iminority party as determined by the Commission in accordance
with law;
f ) Ballot box:

g) Ten (lo) kccredited 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';

h) 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; (Not applicable to overseas
;
voting)

i) Four (4) inational broadcast or print media entities as may be equitably

determined by the Commission in view of propagating the copies to the widest
extent;
j) 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; ,
k) 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
1

'I!]

43

1) One (I) to be posted conspicuously on a wall within the premises of the polling
place or counting center.
Sec. 56. Preservation of the list of voters. - The SBRCG shall lzeep the
OVF Nos. 2 and 2-A in a safe place until such time that the Commission gives
*
instructions on their disposition.
Set. 57. Omission or erroneous inclusion of documents in ballot box. If after sealing the ballot box, the SBEI discovers that some documents or articles
required to be placed in the ballot box were not placed therein, the SBEI, instead of
opening it to place therein said documents or articles, shall deliver the same to the
SBRCG. The SBRCG shall take appropriate measures to presewe the integrity of the
I
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 andtwith prior written
authority of the Commission to retrieve copies of the election returns which may be used
in a canvass as authorized by the Commission. In such instance, the members of the
SBEI 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, 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.
Sec. 58. Special procedures. - The express provisions of this Resolution
notwithstanding, the Commission may, in exceptional cases, adopt special procedures in
the voting, countibg, transmission and consolidation of results, storage, custody,
distribution and retrieval of forms and paraphernalia to fulfill its constitutional mandate
to ensure free, orderly, honest, peaceful and credible elections.
t

ARTICLE X
VOTING BY SEAFARERS
Sec. 59. Procedures.

- The following voting procedures for seafarers shall be

obse~ved:
i
1)

Durin'g the voting period, seafarers may vote at any Post adopting
automated voting;

2)

The Post shall assign a specific SBEI to conduct the voting for seafarers in
addition to its regular land-based voters. For this purpose, said SBEI shall
manage two (2) OVF No. 2B;

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

4) For purposes of monitoring and recording:

The SBEI shall, at the end of each voting day:
4.1) Prepare a list of the names of the seafarers who cast their votes;

and
4.2) E-mail the same to COV;,,/I!]

5) The COV shall, on a daily basis:

5.1) Update its file on seafarers who already voted: and
5.2) E-mail the updates to all Posts;

6) The Posts upon receipt of the updates from the COV, indicate opposite the
names of the seafarers in the O W No. 2A the date and place where he
voted.
ARTICLE XI:
ELECTION OFFENSES/PROHIBITED ACTS

Sec. 60. Election Offenses/Prohibited acts. -

A. Under Sec. 261 of B.P. 881:

I

1) Vote-buying and vote-selling. - Any person who gives, offers or promises

money or anything of value, gives or promises any office or employment,
franchise or-grant, public or private, or malzes or offers to make an expenditure,
directly or indirectly, or cause an expenditure to be made to any person,
association, corporation, entity, or community in order to induce anyone or the
public in general to vote for or against any candidate or withhold his vote in the
election, or to vote for or against any aspirant for the nomination or choice of a
candidate in a convention or similar selection process of a political party.

Any person, association, corporation, group or community who solicits or

receives, directly or indirectly, any expenditure or promise of any office or
employment, public or private, for any of the foregoing considerations.
2)

3) Conspiruby to bribe voters. - Two or more persons, whether candidates or not,

who come to an agreement concerning the commission of any violation of
paragraph (a) of this section and decide to commit it.

4) Wagering upon result of election. - Any person who bets or wagers upon the
outcome of, lor any contingency connected with an election. Any money or thing
of value or deposit of money or thing of value situated anywhere in the
Philippines but as such bet or wager shall be forfeited to the government.

5) Coercion of subordinates. - 1) Any public officer, or any officer of any public

or private corporation or association, or any head, superior, or administrator of
any religious organization, or any employer or land-owner who coerces or
intimidates or compels, or in any manner influence, directly or indirectly, any of
his subordinates or members or parishioners or employees or house helpers,
tenants, overseers, farm helpers, tillers, or lease holders to aid, campaign or vote
for or against any candidate or any aspirant for the nomination or selection of
candidates.
6) Any public officer or any officer of any commercial, industrial, agricultural,
economic or social enterprise or public or private corporation or association, or
any head, superior or administrator of any religious organization, or any
employer or landowner who dismisses or threatens to dismiss, punishes or
threatens to punish be reducing his salary, wage or compensation, or by
demotion, transfer, suspension, separation, excommunication, ejectment, or
causing him annoyance in the performance of his job or in his membership, any
subordinate member or affiliate, parishioner, employee or house helper, tenant,
overseer, farm helper, tiller, or lease holder, for disobeying or not complying with

./
J

any of the acts ordered by the former to aid, campaign or vote for or against any
candidate, or any aspirant for the nomination or selection of candidates.
7 ) Thl~eats,intimidation, terrorism, use offraudulent device or other forms of
coercion. - Any person who, directly or indirectly, threatens, intimidates or
actually causes, inflicts or produces any violence, injury, punishment, damage,
loss or disa,dvantage upon any person or persons or that of the immediate
members of,his family, his honor or property, or uses any'fraudulent device or
scheme to compel or induce the registration or refraining from registration of any
voter, or the participation in a campaign or refraining or desistance from any
campaign, or the casting of any vote or omission to vote, or any promise of such
registration,'campaign, vote, or omission therefrom.

8 ) Coercion!of election oflcials and employees. - Any person who, directly or

indirectly, threatens, intimidates, terrorizes or coerces any election official or
employee inithe performance of his election functions or duties.
9) Appointrfient of new employees, creation of new position, promotion, or
giving salary increases. - During the period of forty-five days before a regular
election and thirty days before a special election, (1) any head, official or
appointing bfficer of a government office, agency or instrumentality, whether
national or local, including government-owned or controlled corporations, who
appoints or hires any new employee, whether provisional, temporary or casual, or
creates and fills any new position, except upon prior authority of the
Commission. The Commission shall not grant the authority sought unless, it is
satisfied that the position to be filled is essential to the proper functioning of the
office or agehcy concerned, and that the position shall not be filled in a manner
that may influence the election.

a) ~ s l a nexception to the foregoing provisions, a new employee may be

appointed in case of urgent need: Provided, however, That notice of the
appointment shall be given to the Commission within three days from the
date of the appointment. Any appointment or hiring in violation of this
provikion shall be null and void.
!'

b) b y government official who promotes, or gives any increase of salary

or remuneration or privilege to any government official or employee,
including those in government-owned or controlled corporations.

lo) ~ r a n s f e of
j oflcers and employees in the civil service. - Any public official
who maltes yr causes any transfer or detail whatever of any officer or employee in
the civil service including public school teachers, within the election period
except upon prior approval of the Commission.
11) Intervention of public ofSicers and employees. - Any officer or employee in
the civil se$ce, except those holding political offices; any officer, employee, or
member or the Armed Forces of the Philippines, or any police force, special
forces, home defense forces, barangay self-defense units and all other paramilitary unit? that now exist or which may hereafter be organized who, directly or
indirectly, intervenes in any election campaign or engages in any partisan
political actitity, except to vote or to preserve public order, if he is a peace officer.
12) Undue inyuence. - It is unlawful for any person to promise any office or
employment, public or private, or to malze or offer to make an expenditure,
directly or indirectly, or to cause an expenditure to be made to any person,
.association, corporation or entity, which may induce anyone or the public in
general either to vote or withhold his vote, or to vote for or against any candidate
in any election or any aspirant for the nomination or selection of an official
v d

46

candidate in a convention of a political party. It is likewise unlawful for any

person, association, corporation or community, to solicit or receive, directly or
indirectly, ahy expenditure or promise or any office, or employment, public or
private, for any of the foregoing considerations.
13) Unlawfill electioneering. - It is unlawful to solicit votes or undertake any
propaganda on the day of registration before the board of election inspectors and
on the day of election, for or against any candidate or any political party within
the polling place and with a radius of thirty meters thereof.

14) Prohibition against dismissal of employees, laborers, or tenants. - No

en~ployeeor laborer shall be dismissed, nor a tenant be ejected from his
landholdings for refusing or failing to vote for any candidate of his employer or
landowner. Any employee, laborer or tenant so dismissed or ejected shall be
reinstated ahd the salary or wage of the employee or laborer, or the share of the
harvest of tlie tenant, shall be restored to the aggrieved party upon application to
the proper court.
8

15)Appointment or use of special policemen, special agents, confidential agents

or the like. JDuring the campaign period, on the day before and on election day,
any appointing authority who appoints or any person who utilizes the services of
special policemen, special agents, confidential agents or persons performing
similar fundtions; persons previously appointed as special policemen, special
agents, confidential agents or persons performing similar functiolts who continue
acting as suCh, and those who fail to turn over their firearms, uniforms, insignias
and other badges of authority to the proper officer who issued the same.

At the start1 of the aforementioned period, the barangay chairman, municipal

mayor, city inayor, provincial governor, or any appointing authority shall submit
to the Commission a complete list of all special policemen, special agents,
confidential 'agents or persons performing similar functions in the employ of their
respective political subdivisions, with such particulars as the Commission may
!
require.
16) Illegal $elease of prisoners before and ajler election. - The Director of the
, provincial warden, the keeper of the jail or the person or
Bureau of ~ i i s o n sany
persons reqtiired by law to keep prisoners in their custody who illegally orders or
allows any J$isoner detained in the national penitentiary, or the provincial, city
or municipal jail to leave the premises thereof sixty days before and thirty days
after the election. The municipal or city warden, the provincial warden, the
keeper of th'e jail or the person or persons required by law to keep prisoners in
their custody shall post in three conspicuous public places a list of the prisoners
or detentionnprisoners under their case. Detention prisoners must be categorized
as such.
17) Use of publicfinds, money deposited in trust, equipment, facilities owned or
controlled bb the government for an election campaign. - Any person who uses
under any h i s e whatsoever, directly or indirectly, I) public funds or money
deposited with, or held in trust by, public financing institutions or by government
offices, banks, or agencies; 2) any printing press, radio, or television station or
audio-visual, equipment operated by the Government or by its divisions, subdivisions, agencies or instrumentalities, including government-owned or
controlled corporations, or by the Armed Forces of the Philippines; or 3) any
equipment, \vehicle, facility, apparatus, or paraphernalia owned by the
government or by its political subdivisions, agencies including government. owned or controlled corporations, or by the Armed Forces of the Philippines for
any election campaign or for any partisan political activity.

18) Deadly heapons. - Any person who carries any deadly weapon in the polling
place and within a radius of one hundred meters thereof during the days and
hours fmed ;by law for the registration of voters in the polling place, voting,
counting of votes, or preparation of the election returns. However, in cases of
affray, turmoil, or disorder, any peace officer or public officer authorized by the
Commission to supervise the election is entitled to carry firearms or any other
weapon for the purpose of preserving order and enforcing the law.

ig) Carrying firearms outside residence or place of business. - Any person who,
although possessing a permit to carry firearms, carries any firearms outside his
residence or place of business during the election period, unless authorized in
writing by the Commission: Provided, That a motor vehicle, water or air craft
shall not be considered a residence or place of business or extension hereof. This
prohibition shall not apply to cashiers and disbursing officers while in the
performance of their duties or to persons who by nature of their official duties,
profession, business or occupation habitually carry large sums of money or
valuables. L
,
I
20) Use of armored land, water or air crafi. - Any person who uses during the
campaign period, on the day before and on election day, any armored land, water
or air craft, provided with any temporary or permanent equipment or any other
device or cohtraption for the mounting or installation of cannons, machine guns
and other siinilar high caliber firearms, including military type tanks, half trucks,
scout trucks) armored trucks, of any make or model, whether new, reconditioned,
rebuilt or remodelled: Provided, That banking or financial institutions and all
business firms may use not more than two armored vehicles strictly for, and
limited to, the purpose of transporting cash, gold bullion or other valuables in
connection with their business from and to their place of business, upon previous
authority of the Commission.
21) Wearing of uniforms and bearing arms. - During the campaign period, on
the day before and on election day, any member of security or police organization
of government agencies, commissions, councils, bureaus, offices, or governmentowned or dontrolled corporations, or privately-owned or operated security,
investigative, protective or intelligence agencies, who wears his uniform or uses
his insignia,;decorations or regalia, or bears arms outside the immediate vicinity
of his place'of work: Provided, That this prohibition shall not apply when said
member is in pursuit of a person who has committed or is committing a crime in
the premise$ he is guarding; or when escorting or providing security for the
transport of payrolls, deposits, or other valuables; or when guarding the
residence oflprivate persons or when guarding private residences, buildings or
offices: Provided, further, That in the last case prior written approval of the
Commission'shall be obtained. The Commission shall decide all applications for
authority untler this paragraph within fifteen days from the date of the filing of
such application.

During the kame period, and ending thirty days thereafter any member of the
Armed Forces of the Philippines, special forces, home defense forces, barangay
self-defense units and all other para-military units that now exist or which may
hereafter be,organized who wears his uniform or bears arms outside the camp,
garrison or Barracks to which he is assigned or detailed or outside their homes, in
case of members of para-military units, unless I) the President of the Philippines
shall have given previous authority therefor, and the Commission notified thereof
j11 writing, ot 2) the Commission authorizes him to do so, which authority it shall
give only when necessary to assist it in maintaining free, orderly and honest
.elections, and only after notice and hearing. All personnel of the Armed Forces
authorized l5y the President or the Commission to bear arms or wear their
uniforms outside their camps and all police and peace officers shall bear their
48
..........................

true name, rank and serial number, if any, stitched in block letters on a white
background on the left breast of their uniform, in letters and numbers of a clearly
legible design at least two centimeters tall, which shall at all times remain visible
a i d uncovered.
During the election period, whenever the Commission finds it necessary for the
promotion of free, orderly, honest and peaceful elections in a specific area, it shall
confiscate or order the confiscation of firearms of any meml5er or members of the
Armed Forces of the Philippines, police forces, home defense forces, barangay
self-defense units, and all other para-military units that now exist, or which may
hereafter be organized, or any member or members of the security or police
organization, government ministries, commissions, councils, bureaus, offices,
instrumentalities, or government-owned or controlled corporations and other
subsidiaries, or of any member or members of privately owned or operated
security, investigative, protective or intelligence agencies performing identical or
similar functions.
and provincial guards acting as bodyguards br security guards. During the campaign period, on the day before and on election day, any member
of the city of municipal police force, any provincial or sub-provincial guard, any
member of the Armed Forces of the Philippines, special forces, home defense
forces, barangay self-defense units and all other para-military units that now
exist or which may hereafter be organized who acts as bodyguard or security
guard of any public official, candidate or any other person, and any of the latter
who utilizestthe services of the former as bodyguard or security guard: Provided,
That, after due notice and hearing, when the life and security of a candidate is in
jeopardy, the Commission is empowered to assign at the candidate's choice, any
member of the Philippine Constabulary or the police force of any municipality
within the province to act as his bodyguard or security guard in a number to be
determined by the Commission but not to exceed three per candidate: Provided,
however, That when the circ~~mstancesrequire immediate action, the
Commission' may issue a temporary order allowing the assignment of any
member of 'the Philippine Constabulary or the local police force to act as
bodyguard br security guard of the candidate, subject to confirmation or
revocation. '
22) Policemen

23) Organization or maintenance of reaction forces, strike forces, or other

similar forces. - Any person who organizes or maintains a reaction force, strike
force or.simi!ar force during the election period.
The heads df all reaction forces, strike forces, or similar forces shall, not later
than forty-five days before the election, submit to the Commission a complete list
of all membdrs thereof with such particulars as the commission may require.

24) Prohibition against release, disbursement or expenditure of public funds. Any public 'official or employee including barangay officials and those of
governmentiowned or controlled corporations and their subsidiaries, who,
during forty-five days before a regular election and thirty days before a special
election, releases, disburses or expends any public funds for:
a) Any and all lzinds of public works, except the following:
I

i) Maintenance of existing and/or completed public worls project:

: Provided, That not more than the average number of laborers or

' immediately
employees already employed therein during the six-month period
prior to the beginning of the forty-five day period

before election day shall be permitted to work during such time:

Provided, further, That no additional laborers shall be employed for
' maintenance work within the said period of forty-five days;

'4

,,

ii) Work undertalcen by contract through public bidding held, or by

negotiated contract awarded, before the forty-five day period before
election: Provided, That work for the purpose of this section
undertaken under the so-called "talay" or "paquiao" system shall
not be considered as work by contract;
iii) Payment for the usual cost of preparation fAr worlting drawings,
specifications, bills of materials, estimates, and other procedures
preparatory to actual construction including the purchase of
materials and equipment, and all incidental expenses for wages of
watchmen and other laborers employed for such work in the central
office and field storehouses before the beginning of such period:
Provided, That the number of such laborers shall not be increased
over the number hired when the project or projects were
commenced; and
,
4
jv) Emergency work necessitated by the occurrence of a public
calamity, but such work shall be limited to the restoration of the
damaged facility. No payment shall be made within five days before
the date of election to laborers who have rendered services in
projects or works except those falling under subparagraphs a), b),
c), and d), of this paragraph.
This prohibition shall not apply to ongoing public works projects
commenced before the campaign period or similar projects under foreign
agreements. For purposes of this provision, it shall be the duty of the
government officials or agencies concerned to report to the Commission
the list of all such projects being undertalzen by them.
b) The Ministry of Social Services and Development and any other office in
other ministries of the government performing functions similar to said
ministry, except for salaries of personnel, and for such other routine and
normal expenses, and for such other expenses as the Commission may
authorize after due notice and hearing. Should a calamity or disaster
occur, all releases normally or usually coursed through the said ministries
and offices of other ministries shall be turned over to, and administered
and disbursed by, the Philippine National Red Cross, subject to the
supervision of the Commission on Audit or its representatives, and no
candidate or his or her spouse or member of his family within the second
civil degree of affinity or consanguinity shall participate, directly or
indirectly, in the distribution of any relief or other goods to the victims of
the calamity or disaster; and
c) The Ministry of Human Settlements and any other office in any other
ministry of the government performing functions similar to said ministry,
except for salaries of personnel and for such other necessary
administrative or other expenses as the Commission may authorize after
due notice and hearing.

25) Prohibition against construction of public works, delivery of materials for

public w0rk.k and issuance of treasury warrants and similar devices. - During
the period of forty-five days preceding a regular election and thirty days before a
special election, any person who a) undertakes the construction of any public
works, except for projects or works exempted in the preceding paragraph; or b)
issues, uses or avails of treasury warrants or any device undertaking future
delivery of money, goods or other things of value chargeable against public funds.

&d

26) Suspension of elective provincial, city, municipal or barangay ofJicer. - The

provisions of law to the contrary notwithstanding during the election period, any
public official who suspends, without prior approval of the Commission, any
elective provincial, city, municipal or barangay officer, unless said suspension
will be for purposes of applying the "Anti-Graft and Corrupt Practices Act" in
relation to the suspension and removal of elective officials; in which case the
provisions of this section shall be inapplicable.

27) On voting:

a) Any person who votes more than once in the same election, or who, not
being a registered voter, votes in an election.
b) Any person who votes in substitution for another whether with or
without the latter's knowledge and/or consent.
c) Any person who, not being illiterate or physically disabled, allows his
ball06 to be prepared by another or any person who prepares the ballot of
anotHer who is not illiterate or physically disabled, (with or without the
latterfsknowledge and/or consent.

d) Any person who avails himself of any means of scheme to discover the
contents of the ballot of a voter who is preparing or casting his vote or who
has just voted.
e) Any voter who, in the course of voting, uses a ballot other than the one
given by the board of election inspectors or has in his possession more
than one official ballot.

f) Any person who places under arrest or detains a voter without lawful
cause' or molests him in such a manner as to obstruct or prevent him from
1 the polling place to cast his vote or from returning home after
going.to
casting his vote, or to compel him to reveal how he voted.
g) An$ member of the board of election inspectors charged with the duty of
reading the ballot during the counting of votes who deliberately omits to
read the vote duly written on the ballot, or misreads the vote actually
writteh thereon or reads the name of a candidate where no name is written
on the ballot.
h) Any member of the board of election inspectors charged with the duty
of tallying the votes in the tally board or sheet, election returns or other
prescribed form who deliberately fails to record a vote therein or records
erroneously the votes as read, or records a vote where no such vote has
been read by the chairman.
i) ~ n member
$
of a board of election inspectors who has made possible the
casting of more votes than there are registered voters.
j) ~ n person
3
who, for the purpose of disrupting or obstructing the
election process or causing confusion among the voters, propagates false
and alarming reports or information or transmits or circulates false
orderi, directives or messages regarding any matter relating to the
printing of official ballots, thegostponement of the election, the transfer of
polling place or the general conduct of the election.

person who, without legal authority, destroys, substitutes or talres

k)
away from the possession of those having legal custody thereof, or from
the place where they are legally deposited, any election form or document
4'
51
$

or ballot box which contains official ballots or other documents used in the
election.
1) Any person having legal custody of the ballot box containing the official
ballots used in the election who opens or destroys said box or removes or
destrbys its contents without or against the order of the Commission or
who, khrough his negligence, enables any person to commit any of the
aforementioned acts, or takes away said ballot box from his custody.
m) Any member of the board of election inspectors who knowingly uses
ballois other than the official ballots, except in those cases where the use of
emergency ballots is authorized.
n) Any public officialwho neglects or fails to properly preserve or account
for any ballot box, documents and forms received by him and kept under
his custody.
o) ,lny person who reveals the contents of the ballot of an illiterate or
disabjed voter whom he assisted in preparing a ballot.
I

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

place!

q) Arjy person who, without authority, prints or causes the printing of any
ballot or election returns that appears as official ballots or election returns
or who distributes or causes the same to be distributed for use in the
electibn, whether or not they are actually used.
I

r) Any person who, without authority, lzeeps, uses or carries out or causes
to bejltept, used or carried out, any official ballot or election returns or
printed proof thereof, type-form mould, electro-type printing plates and
any other plate, numbering machines and other printing paraphernalia
being! used in connection with the printing of official ballots or election
returhs.
s) Any official or employee of any printing establishment or of the
Commission or any member of the committee in charge of the printing of
official ballots or election returns who causes official ballots or election
returhs to be printed in quantities exceeding those authorized by the
Commission or who distributes, delivers, or in any manner disposes of or
causes to be distributed, delivered, or disposed of, any official ballot or
electibn returns to any person or persons not authorized by law or by the
Commission to receive or keep official ballots or election returns or who
sends or causes them to be sent to any place not designated by law or by
the Commission.
t) Any person who, through any act, means or device, violates the integrity
of an3 official ballot or election returns before or after they are used in the
electibn.
u) Ar;y person who removes, tears, defaces or destroys any certified list of
candiilates posted inside the voting booths during the hours of voting.

v) Any person who holds or causes the holding of an election on any other
day than that fixed by law or by the Commission, or stops any election
being'legally held.
w) Any person who deliberately blurs his fingerprint in the voting record.
28) On Canvassing:

a) Any chairman of the board of canvassers who fails to give due notice of
the date, time and place of the meeting of said board to the candidates,
political parties and/or members of the board.
b) Any member of the board of canvassers who proceeds with the canvass
of the votes and/or proclamation of any candidate which was suspended or
*
annuned by the Commission.
C)Any member of the board of canvassers who proceeds with the canvass
of votes and/or proclamation of any candidate in the absence of quorum,
or without giving due notice of the date, time and place of the meeting of
the board to the candidates, political parties, and/or other members of the
board.
d) Any member of the board of canvassers who, without authority of the
Commission, uses in the canvass of votes and/or proclamation of any
candidate any document other than the ofljcial copy of the election
returhs.
I

29) Common to all boards of election inspectors and boards of canvassers:

a) Any member of any board of election inspectors or board of canvassers

who deliberately absents himself from the meetings of said body for the
purpose of obstructing or delaying the performance of its duties or
functions.
b) An'y member of any board of election inspectors or board of cailvassers
who, !without justifiable reason, refuses to sign and certify any election
form kequired by this Code or prescribed by the Commission although he
was pi-esent during the meeting of the said body.
C) Any person who, being ineligible for appointment as member of any
board of election inspectors or board of canvassers, accepts an
appointment to said body, assumes office, and actually serves as a member
thereof, or any of public officer or any person acting in his behalf who
appoihts such ineligible person ltnowing him to be ineligible.
d) Any person who, in the presence or within the hearing of any board of
electidn inspectors or board of canvassers during any of its meetings,
conddcts himself in such a disorderly manner as to interrupt or disrupt the
work br proceedings to the end of preventing said body from performing
its furictions, either partly or totally.
e) Any public official or person acting in his behalf who relieves any
member of any board of election inspectors or board of canvassers or who
changes or causes the change of the assignments of any member of said
board: of election inspectors or board of canvassers without authority of
the Cdmmission.
30) On candidacy and campaign:
a) ~ n political
)
party which holds political conventions or meetings to
nominate its official candidates earlier that the period fixed in this Code.
b) Any person who abstracts, destroys or cancels any certificate of
candidacy duly filed and which has not been cancelled upon order of the
Commission.

C)~ n person
)
who misleads the board of election inspectors by submitting
any false or spurious certificate of candidacy or document to the prejudice
of a candidate.
d) Any person who, being authorized to receive certificates of candidacy,
receives any certificate of candidacy outside the period for filing the same
and makes it appear that said certificate of candidacy'was filed on time; or
any person who, by means of fraud, threat, intimidation, terrorism or
coercion, causes or compels the commission of said act.
e) Any person who, by any device or means, jams, obstructs or interferes
with a radio or television broadcast of any lawful political program.

f ) An3 person who solicits votes or undertakes any propaganda, on the day
of election, for or against any candidate or any political party within the
polling place or within a radius of thirty meters thereof.
i

31) Other prohibitions:

a) +y person who sells, furnishes, offers, buys, serves or takes

intoxicating liquor on the days fixed by law for the registration of voters in
the pblling place, or on the day before the election or on election day:
Provided, That hotels and other establishments duly certified by the
Ministry of Tourism as tourist oriented and habitually in the business of
cateri'ng to foreign tourists may be exempted for justifiable reasons upon
prior buthority of the Commission: Provided, further, That foreign tourists
taking intoxicating liquor in said authorized hotels or establishments are
exempted from the provisions of this subparagraph.
b) Any person who opens in any polling place or within a radius of thirty
meters thereof on election day and during the counting of votes, booths or
stalls !of any kind for the sale, dispensing or display of wares, merchandise
or refteshments, whether solid or liquid, or for any other purposes.
i

C)Any person who holds on election day, fairs, cockfights, boxing, horse
races,iljai-alaior any other similar sports.
d) Refusal to carry election mail matter. - Any certified IT capable member
of the SBEI or employee of a public utility or transportation company
operating under a certificate of public convenience, including governmentowned or controlled postal service or its employees or deputized agents
who ?efuse to carry official election mail matters free of charge during the
election period. In addition to the penalty prescribed herein, such refusal
shall bonstitute a ground for cancellation or revocation of certificate of
publid convenience or franchise.
e) Prdhibition against discrimillation in the sale of air time. - Any person
who operates a radio or television station who without justifiable cause
discriminates against any political party, coalition or aggroupment of
partie's or any candidate in the sale of air time. In addition to the penalty
prescribed herein, such refusal shall constitute a ground for cancellation
or revocation of the franchise. .
B. Under R.A. Ibo. 9189, "Overseas Absentee Voting Act of 2003":
I

b.f

1) For any officer or employee of the Philippine government to influence or

attempt to influence any person covered by the Overseas Absentee Voting
Act of 2003 to vote or not to vote, for a particular candidate.
2) For any person to deprive any person of any rights secured under the
Overseas Absentee Voting Act of 2003, or to give false information as to
his/her name, address, or period of residence for the purpose of
establishing his/her eligibility or ineligibility to register or vote under the
Overseas Absentee Voting Act of 2003; or to conspire with another person
for tKe purpose of encouraging the giving of false information in order to
establish the eligibility or ineligibility of any individual to register or vote
under the Overseas Absentee Voting Act of 2003; or to pay, or offer to pay,
or toaccept payment either for applications to vote in absentia or for
voting.

3) For any person to tamper with the ballot, the mail containing the ballots
for overseas absentee voters, the Overseas Absentee Voting Election
~ e t u r n sincluding
,
the destruction, mutilation and manipulation thereof.

4) F ~ any
C person to steal, destroy, conceal, mutilate or alter any record,
document or paper as required for purposes of the Overseas Absentee
voting Act of 2003.
5) For any person who, being ineligible for appointment as member of the
SBRCG, accepts an appointment to said Group, assumes office, and
actually serves as member thereof, or any public officer or any person
acting in his behalf who appoints such ineligible person knowing him to be
ineligible.

6) Foi- any deputized agent to refuse without justifiable ground, to serve or

continue serving, or to comply with his/her sworn duties after acceptance
of his/her appointment.
7) Failure to the Chairman of the SBEI to authenticate the ballot;

8) Fo'r any public officer or employee who shall cause the preparation,
printing, distribution of information materials, or post the same .in
websikes without prior approval of the Commission.
g) For any public officer or employee to cause the transfer, promotion,
extension, recall of any member of the foreign service corps, including
members of attached agencies, or otherwise cause the movement of any
such member from his/her current post or position one (I) year before and
three (3) months after the day of elections, without securing prior approval
of the'commission.

lo) For any person who, after being deputized by the Commission to
undefake activities in connection with the implementation of the
Overseas Absentee Voting Act of 2003, shall campaign for or assist, in
whatever manner, candidates in the election;
11) FOPany person who is not a citizen of the Philippines to participate, by
w o r d or deed, directly or indirectly through
qualified
organ'izations/associations, in any manner and at any stage of the
Philippine political process abroad, including participation in the
campaign and elections.

~d

The provision of existing laws to the contrary notwithstanding, and with

due regard to the Principle of Double Criminality, the prohibited acts above are
electoral offenses and punishable in the Philippines
C. Under R.A. No. 9369, An Act Amending R.A. 8436, Authorizing the Commission
on Elections to use Automated Election System:
I) Any person who removes the certificate of canvass postedron the wall, whether
within or after the prescribed forty-eight (48) hours of posting, or defaces the
same in any.manner;
2) Any person who simulates an actual certificate of canvass or statement of
votes, or a pfint or digital copy thereof;

3) Any person who simulates the certification of a certificate of canvass or

statement of votes;
t

4) The Chairman or any member of the Board of cpnvassers who, during the
prescribed period of posting, removes the certificate of canvass or its supporting
statement of votes from the wall on which they have been posted other than for
the purpose bf immediately transferring them to a more suitable place;
5) The Chairman or any member of the Board of canvassers who signs or
authenticates a print of the certificate of canvass or its supporting statement of
votes outside of the canvassing area;

6) The Chairman or any member of the Board of canvassers who signs or

authenticate's a print which bears an image different from the certificate of
canvass or statement of votes produced after canvassing and posted on the wall;
and
7) Any perdon or member of the Board of Election Inspectors or Board of
Canvassers *ho 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,lto credit the correct votes or deduct such tampered votes:

8) The act ok offense committed in any of the following instances shall fall under
the categoryof electoral sabotage:
!

a) When the tampering, increase and/or decrease of votes perpetrated or

the re'fusal to credit the correct votes or to deduct tampered votes, islare
committed in the election of a national elective office which is voted upon
nationwide and the tampering, increase and/or decrease votes, refusal to
credir 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 candidatels islare made to appear the winner/s;
b) Regardless of the elective office involved, when the tampering, increase
and/dr 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
C) ~ n and
) all other forms or tampering increasels and/or decreasels of
votes perpetuated or in cases of refusal to credit the correct votes or deduct

,T

the tampered votes, where the total votes involved exceed ten thousand
(10,ooo) votes.
Any and all other persons or individuals determined to be in conspiracy or in
connivance with the members of the SBEIs or SBOCs involved, shall be meted the same
penalty of life imprisonment.

Sec. 61. Penalties. - Any person found guilty of committing any of the
prohibited acts enumerated in the immediately preceding article,*except as otherwise
provided herein, shall be punished wit11 imprisonment of not less than one (1) year but
not more than six (6) years and shall not be subject to probation. In addition, the guilty
party shall be sentenced to suffer disqualification to hold public office and deprivation of
the right of suffrage.
i

The pena1ty:of prision mayor in its minimum period shall be imposed upon any
person found guilq of tampering with the ballot, the mail containing the ballots for
overseas absentee $oters, the Overseas Absentee Voting Election Returns, including the
destruction, mutilation and manipulation thereof, without the benefit of the operation
of the ~ndeterminateSentence Law. If the offender is a publi officer or a candidate, the
penalty shall be prision mayor in its maximum period. In ad ition, the offender shall be
sentenced to suffer perpetual disqualification to hold public office and deprivation of
his/her right to votb.

The penalty'of imprisonment of not less than one year shall be imposed on any
immigrant and perhanent resident who does not resume residence in the Philippines as
stipulated in hisjlier affidavit within three (3) years after the approval of hisjher
registration under the Overseas Absentee Voting Act of 2003 and yet vote in the next
elections. In addition to the removal of hisjher name from the National Registry of
Absentee Voters, hejshe shall be permanently disqualified to vote in absentia and
hisjher passport shall be stamped "not allowed to vote".
i

When the tampering, increase or decrease of votes or the refusal to credit the
correct votes andJbr to deduct tampered votes are perpetrated on a large scale or in
substantial numbefs, 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 ltnown as electoral sabotage and the penalty to be imposed shall be life
imprisonment.
1
ARTICLE XI1
ROLE OF GOVERNMENTAGENCIES
Sec. 62. Assistaizce from government agencies. - a) All government
offices, particularly the Department of Foreign Affairs, Department of Labor &
Employment, Department of Transportation and Communications, Philippine Postal
Corporation, Philippine Overseas Employment Administration, Overseas Worlzer's
Welfare ~dministtation,Commission on Overseas Filipinos, the Foreign Service
Institute, the Social Security System and other government agencies concerned with the
welfare of Filipino overseas shall, to the extent compatible with their primary
responsibilities, assist and give the Commission the fullest support in the
implementation of the Overseas Absentee Voting Act of 2003.
b) The One Country Team Approach provided under Republic Act No. 8042 (Migrant
Worlcers and Overieas Filipinos Act of 1995), as enunciated under Executive Order No.
74, series of 1993, shall apply in the implementation of the Overseas Absentee Voting
Act of 2003 insofar as it does not conflict with the constitutional mandate of the
Commission to h'ave exclusive charge of the enforcement, administration and
implementation of klections laws.

LL--__

Eeso 9658

Sec. 63. Access to oficial records and documents. - Subject to the

pertinent provisions of the Overseas Absentee Voting Act of 2003 and these Rules, any
person shall have the right to access and/or copy at his/her expense all registration
records, voters' lists and other official records and documents, subject to payment of
prescribed charges.

Sec. 64. security measures to safeguard the secrecy and sanctity of

the ballots. - In the interest of transparency, all necessary and practicable measures
shall be adopted to allow representation of the candidates, accredited major political
parties, accredited. citizens' arms and non-government organizations to assist, and
observe in all stages of the electoral exercise to prevent any and all forms of fraud and
coercion and ensure free, honest, orderly peaceful and credible election.
Sec. 65. AIjplicability of other election laws. - The pertinent provisions of
the Omnibus Election Code, as amended and other election laws, which are not in
conflict with the prbvisions of the Overseas Absentee Voting Act of 2003 shall remain in
full force, and shall,have suppletory application of these Rules.
,
Sec. 66. Ehforcement and administration by the Commission. - The
Commission shall, for the purpose of ensuring honest, orderly, peaceful and free
elections abroad, ihave exclusive charge of the enforcement, administration and
implementation of the Overseas Absentee Voting Act of 2003.

Sec. 67. E'ectivity. - This General Instructions shall take effect on the
seventh (7th) day after its publication in two (2) daily newspapers of general circulation
in the Philippines. 1
i

Sec. 68. dblication and Dissemination. - The Education and Information

Department shall cause the publication of this Resolution in two (2) daily newspapers of
general circulation in the Philippines and furnish a copy to the Department of Foreign
Affairs, ~ e ~ a r t m e rof
i t Labor and Employment, Department of Transportation and
Communications, Philippine Postal Corporation, Philippine Overseas Employment
Administration, Overseas Worker's Welfare Administration, Commission on Overseas
Filipinos, the Foreikn Service Institute, and other government agencies concerned with
the welfare of Filipinos overseas.

Commissioner

Commissioner

---