comelec resolution no. 8754- local absentee voting

8/14/2019 Comelec Resolution No. 8754- Local Absentee Voting

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Republic of the Pl~ilippinesCOMMISSION ON ELECTIONSManila

tULES AND REGULATIONS1 MELO, Jose A. R. $gairrnanLOCAL ABSENTEE SARMIENIO, Rene V. rnmissioner

' OTING I N CONNECTION FERRER, Nicodemo T. CommissionerITH THE MAY 10, 2010 TAGLE, I-i~cenito . '?Q Commissioner

PATIONAL A N D LOCAL VELASCO, Armanclo C. 4 Commissione~-BLECTIONS. YUSOPH, Elias R. - CommissionerI LARRAZABAL, Gregoriq - Commissioner

RESOLUTION NO. 8754I @ d l 4 " "

L4The Commission on Elections, pitrsuant to the powers vested in it by

i the Constitution, Omnibus Election Code, Executive Orcler No. 1.57,i Republic Act No. 6646, Repl.rblic Act No. 71.66, and other pertinent elecl-ionlaws, has RESOLVED to promulgate, as it hereby RESOL-VES to pron-it.~lgate,the following rules and regulations on local absentee voting:

SECTION 1. Loca/ absentee voting, defied - Local absenteevoting, as provided for under Executive Orcler No. 157 and Republic ActNo. 7166, refers to a system of voting whereby government officials andemployees, including members of the Armed Forces of the Philippines(AFP), and the Philippine National Police (PNP), who are duly registeredvoters are allowed to vote for the positions of President, Vice-President,Senators and Party-List Representatives in places where they are notregistered voters but where they are temporarily assigned to performelection duties on election day.

SECTION 2. Whoare entitied toavaii of /rrca/ absentee voting- I-ocal absentee voting may be availed of by: a) government officials anclemployees; b) members of the AFP; and c) members of the PNP, who areduly registered voters and who, on election day, may temporarily heassigned to perform election duties in places where they ;Ire not registeredvotersd


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Government officials and employees who will be posted abroad toperform election duties on election day may also avail of local absenteevoting, provided, that they are registered voters 11nder Republic Act No.8189, otherwise known as "The Voter's Registration Act of 1996" and thatthey are not registered overseas absentee voters ~~nde l -ep~lblic c t No.9189, otherwise I


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c. Prepare lists of all approved applications for local absenteevoting per office/tlnit/battalio~i;d. Transmit not later than April 20, 2010 the following to all

concerned heacl of office/s~.~pervisor/comn~ander(i) List of approved applications for local absentee voting;

and(ii) The exact number of local absentee ballots, inner anclouter envelopes and paper seals corresponding to thenumber of approvecl applications.

e. Before elections, notify all City/Municipal Election Officers (EOs)concerned of the names of voters who are registered in thecity/municipality and who will avail of local absentee voting;f. Receive and take custody, under proper receipt, the

accomplished local absentee ballots ancl other related cloci~mentsfrom the Iiead of office/ supervisor/ commander before 6:OOo'cloclc in the afternoon af May 10,2010;

g. Cause the delivery of the local absentee ballots contained in aballot box immediately after the close of voting on May 10,2010 to the Special Board of Election Inspectors (SBEIs) forcounting;

h. Supervise the cotsnting of ballots and canvassing of votes;i. Receive for safelceeping all ballot boxes containing the col~nteclballots and related election documents from the SBEIs andSpecial Board of Canvassers (SBOC) for local absentee voting;j . After elections, notify all City/M lnicipal Election Officers (EOs)

concerned of the names of voters who act~~allyoted 1,lnder thesystem of local absentee voting; andI Perform and exercise such other functions and powers as may be

necessary for the proper implementation of t-lie local absenteevoting.

5ECTION 7. Procerl~~resor fifi~vgo applications Jw iota/absentee voting, -a. All persons who may avail of the local absentee voting asprovided under Sec. 2 hereof shall file their application forms

before the head of office/si~pervisor/commanderj


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The application forms may be reproducecl or downloaded at the officialCOMELEC website ~ww . con~e l e c . sov . ~~ .he application form is heretoattached as Annex "A".b. Tlie head of office/s~ipervisor/commander shall receive a ll

accomplished ancl subscribed application forms from theirrespective personnel.c.Not later than March 7, 2010, the head ofoffice/supervisor/commancler concerned shall submit: directly tothe Committee the following:

(i) A sworn list of I-egisterecl voters uncler his si~pervision rcommancl who submitted their accomplishedapplications for-nis for local absentee voting indicatingtherein the city/mi.~nicipality, arangay, precinct numberwhere they are registered and the place of theirassignment on election clay, with a certification that theapplicant:/s will be re-assigned on election day toperform election-I-elatecl duties.Copy of sworn l ist of registered voters whoaccomplished their application forms is hereto attacl~eclas Annex "8" ancl made int:egral part of this Resolution.

(ii) Tlie accomplished application forms for local absenteevoting and the sworn l ist of registered voters shall I->etransmitted by the head of ofTice/supervisor/commanclerdirectly to the Committee, c/o The Electoral ContestsAdjudication Department (ECAD) f3th lo or, Palacio delGobernador, Intramuros, Manila, immediately uponreceipt thereof but not later than March 7, 2010. Thedate of mailing shall be considered as the date of filing.

SECTION 8 . Disapprova/ of the aypficatidn far /ma / absenteevoting. -The application for local absentee voting shall be disapproved onany of the following grounds:a. That it is filed oirt of time;b. That it is not sworn to or not under oath;c. That it is not signed by the applicant:;d. That it is not endorsed by the head of office/supervisor/comniander

concerned; ore. That it is only a pliotocopy/facsir~~ileopy.SECTION 9. Verification of appIicants for /sea/ absenteevoting. - Upon receipt of the l ist of registered voters applying for localabsentee voting and the accomplished application forms, the Committeeshall verify from the national l ist of registered voters (NI-RV) whether thed


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applicants are registered voters. The Information Technology Department(ITD) shall provide the Conirqittee with the NLRV.

Only the applicants whoie names are in the NLRV shall be approveclby the Committee as qualifi'ed to vote unclel- 1:he local absentee votingsystem.

The Committee shall notify in writing the City/Municipal EO concerneclof tlie names of voters qualified to vote uncler tlie local absentee votingsystem with a directive to indicate in tlie list of voters with voting recorcls(May 10, 2010 EDCVL) and on the space opposite the names of tlie saidabsentee voters, the following annotation: "local abserrtee voter", toprevent substitute/mcrltiple voting.

SECTION 10. Tuansmitta/ of /kt of qf~a/ifiedoca/ absenteevoters, /oca/ absentee Lrg//ots and ofher election parrapfierna/iaJ'rom the Committee. - The Committee, througli i ts duly authorizeclmembers, shall transmit to the head of office/supervisor/commanclerconcerned the list of qualified local absentee voters, the exact number oflocal absentee ballots, inner ancl outer envelopes, and paper sealscorresponding to the ncrmber of approved applications and tli~rnil~printtakers not later than Apr i l 20, 2010.

SECT10N 11. Secffrity en /e/opes or /ma/ absentee, a//otsIThere shall be two (2 ) secuhty envelopes for each local absentee ballot,namely: an outer envelope!whicli sl~all ontain a serial number and aninner envelope. The outer envelope, where tlie detached coclpons and tlieinner envelope shall be placed, shall contain a space for the name of thevoter and his voter's registration record nuniber (VRRN).

The inner envelope where the acconiplisl~edballot shall be placed,shall contain no other mar(< except an indication that it is a specialenvelope for a local absentee ballot.SECT10N 12. ~isrrb( I~t ionf ocal absentee ba//ots- en e/opesandpaper seals. - On any' day from April 24 to 26, 2010, the head ofoffice/supewisor/commanclerl concerned, in the presence of Comelecrepresentative or Election Officer, shall distribute the local absentee ballots,

inner and outer envelopes, and paper seals to the qualified local absenteevoters. During the distribution, he shall:

a. Require each voter to affix his signature opposite Iiis name in thel is t of qualifiecl voters prepared by the Committee under Section1.0 hereof;

b. Detach one ballot from the pad of ballots and retain tl-le stubswhere the serial number of each ballot appears;1zi'


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c . Write the serial numbers of the ballot, outer envelope, and two(2) paper seals opposite the name of the voter in the list;d. Give to the voter the ballot, inner ancl outer envelopes ancl thetwo (2) paper seals; ande. Instruct the voter to immediat:ely accomplish the ballot inaccordance with Section 13 hereof.

SECTION 13. Manner o f Voting - The local absentee voter shall:a. Fill up the ballot secretly;b. Imprint his thumbmarlt on the proper space in the detachable

coupon of the ballot;c. Detach the coupon from the ballot and place the same insicle t:heouter envelope;d. Place the accomplishecl ballot inside the inner envelope and closeand seal the envelope with a paper seal;e. Place the sealed inner envelope inside the outer envelope, whichshall likewise be sealed with a paper seal;f. Write his name on the space provided for in the outer envelope;andg.Submit the sealed envelope to the heacl ofoffice/si~perviso~-/commander.

SECTION 14. Trifnsn~iLta~f /ma/ absentee &~a//ot"nt/ o f f ~ e re/ection documents to the Committee, - The heacl ofoffice/supervisor/commander coticerned shall:

1) Gather all the sealed envelopes containing the ballots sirbniilted tohim by the local absentee voters;2) Prepare, in two (2) copies, a transmittal letter containing acertification on the n\ m ber of accomplished ballots collected by

him. One ( I ) copy of the transmittal letter shall be retained by himfor his file;3) Transmit said ballots, together- with: a) the list of qualifiecl

voters with signatures referred to in Section 12(a); and b) i~ni~sedofficial ballots torn in half, to the Commit-teeby the fastest meansavailable c/o the ECAD, COMEI-EC, 8" Floor, Palacio delGobernador, Intramuros, Manila, so that the ballots are received bythe Commissior~ ot later than 6:OO P.M. of May 10, 201.0.

After the elections, the Committee shall send to all City/MirnicipalElection Officers (EOs) concerned a written notice of the voters who

, actually voted under the system of local absentee voting with a directive toi indicate in the list of voters with voting recorcls, and on the space oppositeI


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the names of the saicl absentee voters, the following annotation: "votedt h r i ~ ocal absentee iloting", to prevent the deactivation of theirregistration records.SECTION 15. Specis/Bloard of EIecrEi~n nspecfcprs (SSEPsJ -

The Commission may consti1:ute as many SBEIs for local absentee voting,as may be cleemecl necessary, to count the local absentee ballots. Themembers thereof sl~allbe chosen and appointed by the Chairman of theCommittee from among the personnel of the Commission in tlie MainOffice, Manila, not later t:han April 26, .201.0.

SECT ION 16. Oath of Members o f SBEX - Before assirniing theiroffice, the chairman ancl members of the SBEI shall take and sign an oathbefore any officer authorized to administer oaths. Copies of the oaths shallimmediately be submittecl to the Committee.

SECT ION 17. P ro c e ed i n g ~o f t h eS 1 9EY .- The SBE I sl~allmeet inthe designated office of tl-ie Comniission, Ini-ramlrros, Manila at 6:00 P.M.of May 10, 2010 o coirnt tlie votes cast by the local absentee voters anclshall not adjoi~rnuntil tlie counting is completed. All proceedings of theSBEI shall be p~rblic. I t shall act thro1.1gl1 ts chairman and all q~.restionspresented before it shall be clecided witl io~rt elay by a majority vote of themembers. During its meetings, not more than one member shall be absentat a time, and in no case shall such absence be more than twenty (20)minutes.

SECT ION 18. P r e f i m i f l a r k toCorfnting. - The Con~mittee hallconstitute a Reception and Verification Unit which sliall:

a. Receive the envelopes containing the accon~plished absenteeballots ancl the list of local absentee voters prepared by the headof office/si~pervisor/commanderunder Section 14 hereof;

b. Verify whether the n~~mberf envelopes containing theaccomplished ballots is equal to the nirmber of signatures affixedin the list s~~bmittedy the head of office/supe~-visor/commanderconcerned;I f there are more envelopes containing tlie accomplisl-ied ballotthan the signatures affixed on the list, set asicle the envelope ofthe voter whose signature does not appear in the list and placethe same in a separate ballot box intended for the purpose. Suchfact shall be indicated in a report to be slrbmittecl to theCommittee. Said ballots 'sl7all not be counted; ,I f there are more signatures affixed in tl ie list than the numberof envelopes receivecl, such fact sllall lil


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indicate the names of the voters whose signat~ires ppear in thelist, but witho~it corresponding envelopes. I n this case, theCommittee shall direct: the head of office/s~rpervisor/con~manclerconcerned to transmit the envelopes of said voters;c. Place tlie envelopes containing t:he accomplislied ballots insideballot boxes at the rateof 400 ballots pel- ballot: box; andd. Transmit to {:lie Committee each ballot box immediately after 400envelopes containing tlie accomplished ballots are clepositedtherein.

I n all instances, t lie ballot boxes, prior to the sul~mission o theCommittee and clistrib\.~tiono the SBEIs, shall be stored in a safeand secured place.A t 6:00 P.M. of May 10, 2010, the Committee shall distrib~.lte neballot box each to the SBEI for counting. Shoi~lcl here be aballot box containing less than 100 envelopes, the Committeesliall assign the said ballot box to one of the SBEIs.

SECTION 19. Manner OFcofmting /acd absent@&!aJ/ots, -Upon receipt of the envelopes containing the local absentee ballots, theSBEI shall proceed as follows:Before the coirnting:

a. Retrieve the special envelopes from the ballot box;b. Open each outer envelope, retrieve the inner envelope ancl thedetached coupon;c. Place the coupons in tlie cornpal-tment for spoilecl ballots of theballot box;d. Open the inner envelope and retrieve the ballol: found therein;e. Pile the ballots in bundles of one hr.indred (100) each;f. he Chairman of the SBEI shall talte the ballots of the first pileone by one and read the names of the candidates voted for andtl ie offices for which they were voted, as well as the name of th eparty, organization or coaljtion voted for under the party-listsystem, in the order in which they appear thereon.

During the counting:g. The chairman, the poll clerl


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r. Deposit the tally board in the ballot box compartment for validballots. The tally board, as accomplished and certified by theSBEI, shall not be changed or clest:royed.Tlie proceedings of tlie SBEI shall be I-ecorcled in the Min1rl:es of

Counting, copies of which shall be sealed in separate envelopes to bedistributed as follows:a. The first copy, to I-l~e lection Records and Statistics Departme~.lt;andb. The second copy, to be depositecl inside the compartment of theballot box for valicl ballots.

A copy of the Minutes of Counting is hereto attacliecl as Annex "C".SECTION 20. EfectianRehrrns, - The election returns shall beprepared in seven (7) copies and clistributed as follows:

a. The first copy, to be submitted to !:he Special Board ofCanvassers for local absentee voting;b. The seconcl copy, 110 be posted on a wall within the premises ofthe polling place;c. The third copy, to tlie Commission tllrir tlie Election Records anclStatistics Department (ERSD);

d. The fourth copy, t-o the dominant majority party as determinedby the Commission;e. The fifth copy, to the dominant minority party as determined bythe Commission;f. The sixth copy, to the accredited citizens' arm of theCommission; andg. Tlie seventh copy, to be deposited insicle tlie compartment for

valid ballots of the ballot box.The copy of the election reti.1rn-s posted on the wall shall be open for

public viewing at any time of the day for fot-ty-eight (48) hours following itsposting. Any person may view 01- capture an image of the election returnsby means of any data capturing device such as, but not limited to,cameras, at any time of the day for forty-eight (48) hours following itsposting.

After the prescribed period for posting, the Chairman of the SBEI shallcollect the posted election returns and keep the same in his ci~stodyo beproduced for image or clata capturing as may be requested by any voter orfor any lawful p~~rposes may be ordered by competent authority.

SECTION 21. Post r=ofmll"ir~grocet~~rres~Upon termination ofthe counting of votes, the SBEI shallI


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a. Place the counted official absentee ballots in the envelope forcounted ballots;b. Seal the envelope with paper seal ancl affix their signat~lres nthe said paper seal; .c. Deposit tlie envelope properly sealed inside the compartment forvalid ballots of tl.~e allot box;d. Bundle the inner envelopes wecl for the filled-out ballots anddeposit the same insicle the compar1:ment for valid ballots of theballot box;e. Place the seventh copy of the election retilrns insicle tliecompartment for valid ballots;f. Close the inner compartment of tlie ballot: box, and locl; and sealthe same wit:h one (1.) fixed-length secu-ity seal ancl one ( I . )padloclc;g. Close the ballot box cover, and loclc and seal the same with one(1) fixed length security seal ancl three (3 ) pacllocl


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submitted to it by the SBEIs. It sliall not adjourn until the canvass iscompleted.SECTION 26. Certificate of Canvass of Votes (COCV), - TheSBOC shall prepare the Certificate of Canvass of Votes (COCV) in six (6)

copies for distribution as follows:I. The first copy, to the Congress directed to the Presiclent of the

Senate for irse in the canvass of results for Presiclent and Vice-President;2. The second copy to Commission sitting as the National Board ofCanvassers for use in the canvass of resi~lt-sor Senators andParty-List representatives;

3. The third copy, to be posted on a wall within the premises of thecanvassing center;4. The fourth copy, to the Chairman of tlie Board of Canvassers;5. The fifth copy, to the citizen's arm designated by the Commissionto cond~~ctmeclia- based unofficial count; ancl6. The sixth and seventh copies, to tlie representatives of two (2)of the six (6) major political parties in accordance with thevoluntary agreement of the parties. I f no sr.~chagreement isreached, tlie Commission shall decide which parties shall receivetlie copies of the Certificate of Canvass on the basis of tliecriteria providecl in Sec. 26 of RA 71.66. Tlie parties receiving thecertificates shall have the obligation to furnish the other partieswith authentic copies thereof with the least possible delay.

The copy of tlie certificate of canvass of votes posted on the wall shallbe open for public viewing a t any time of the clay for forty-eight (48) hoursfollowing its posting. Any person may view or capture an image of tl ieCOCV. After the prescrihecl period of posting, the SBOC shall collect theposted COCV and keep the same in its cilstocly to be procluced for image ordata capturing as may be requested by any voter or for any lawful purposeas may be ordered by competent authority.

SECTION 27. WatchersI - I n every meeting of tlie SBEI and theSBOC, each candidate for President, Vice-President ancl Senator, each dulyregistered political party, or coalition of political parties which hasnominated candidates for President, Vice-President and Senator, sectorsand organization participating under the party-list systern, and one dulyaccredited citizens' arm of the Commission of national constituency, shallbe entitled to appoint, in writing, two (2) watchers serving alternately.

Civic, religious, 111-ofessional, business, youth and any other similarorganizations with prior authority from the Commission, shall collectively beentitled to appoint two (2) common watchers serving


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SECTION 28. App/icabi/ity of Other Come/ec Rlr/es - Rulesand regulations prom~~lgatedy the Commission for the 2010 National andLocal Elections are hereby adopted, incorporated and niade integral partsof this resolution, insofar as they are applicable and not inconsistent withthe provisions hereof.

SECTION 29. E f f v This Resolut:ion shall take effect afterseven (7) days from its pi~blicatiann two (2) daily newspapers of generalcirc~~lationn the Philippines.

SECTION 30. P~~b/icationnd Dissen1im11.im1. - Let theEducation and Information Department, this Com~nission, cause thepublication of this Resolution in two (2) daily newspapers of generalcirculation in the Philippines.

The Committee on Local Absentee Voting shall immediately furnishcopies hereof to the Department of Foreign Affairs, the Chief of Staff of theArmed Forces of the Philippines, the Director General of the PhilippineNational Police who shall cause dissemination thereof to it:s area command,division, brigade, battalion, company, regional and provincial offices, anclall depiltized departments and agencies or instrumentalities of the nationalgovernment and all Regional Election Directors ancl Provincial ElectionSupervisors of the Commission, who shall in turn furnisl~ opies thereof totheir respective Election Officers for their information and guidance.

SO ORDERED.

Chairman

Commissioner ~orf~missioner

LUCENITO N.Commissioner

Commissioner

ARMAND . C. VELaSCOB L


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1I arm No. 02I .,oe accomplished.in duplicate1j NOTE: .4ny false info,nli i l ivi willsubje~the appliconf lo crin~inol rosecolionAPPLl$+'!!Obl FoPR_IOCAL BSLNTEE VOT!PIEMay 10,2010 b:JATlONAl.A l%lD OCAL EI.ECTIOI~IS

(a ) darne: -(Surname) (Given) [Middle)(b )sex: Male (c ) ialur : 0 ingle ((-1) If married, name of spouse:-0 emale . ' n \arried - .- .- - -

\wirlow/er[e l Date of Birth : Place of Birth: - . - - - . -__ . -

\ I / / ( g )Voter's Registration Record Plumber [VRRFI):) Ii

I\)\ (11) Voter's Identification number [V IN ) : ---/ 2. 1 AM A REGlSTERlq VOTER OF:I

[ f J -- -- -- .--- -- ..-3. I W A N T TO A VA IL OF LO C A L ABSENTEE VOTlFlG BECAllSE I A M ASSIGNED Oh1 EIECTION DAY OllCSlDE T I IE

PLACE WHERE AM A REGISTERED VOTER. I A M(Check one):

1. Governmellt Office2. Position -___ --. Place of Assignment -- ---4. . 1 lead of Office/St~pelvisor -- ---

I

[I)u member of the Arrned Forces of lhe Philippines

(Precincl No./Barangay) [City/ Municipality) (Pi.ovince)

I . Rank -- ----2. llnil --3. Serial Number --4. Place of Assignment -.5. Colnmonding Officer -- ' --

[k t A member of the Philippine National PoliceI . Posifio17/Rank2. , Place o f Assignment- - --. Station Commander .- -

III 1 h e r e b y c e r tl f y that th e a b o v e declarations a r e l r ~ ~ end correct.(Signafure of applicant over prinfedname)

1 SUBSCRIBED AND SWORN lo before ma this d a y of . . _ _ _ _ _ _ _ _ - . 2010 atI1 , PllilippiliesI

IiII --- - --[Signature over prinfed name)OfficerAufhoiized fo Administer Oql t~PoslfionlUniflSfnlior,: . -


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, d Form No. 10 SBEl No. -

Committee on Local AbSentee Vot ing

MINUTES OF COUNTING OF VOTES--.....-.__I_hlational ancl I - ~ c a lElectionsMay -10, 21311)

Instructions. :1 Prepare two clear copies separately - one, copy for theElection Recorcls ancl Statistics Department, and the other copy to bedeposited in the ballot box.2. The minutes shall be accomplisliecl l ~ yhe pol l clerlc ancl

shall b e certified as tn.le a n d con-ect in uie last page by all membersof -theBoar-cl.

3. Accomplish the rnintites by filling lhe hlanl


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D. RECORD .OF PROTEST

We I-let-eby eel-lify ~lndel- fficial oaths that the informalion orclaia set forth in this A/!in~~tesf Counting of Votes are trite andcorrect.

I , 2010, Manila.

POLL CI-ERI

comelec resolution no. 8754- local absentee voting

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