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Republic of the PhilippinesCOMMISSION ON ELECTIONS

Manila

REVISED GENERAL INSTRUCTIONS FOR THE BOARD OF ELECTION INSPECTORS (BEI) ONTHE VOTING, COUNTING, AND TRANSMISSION OF RESULTS IN CONNECTION WITH THE 10

May 2010, NATIONAL AND LOCAL ELECTIONS.

RESOLUTION NO. 8786 March 4, 2010

WHEREAS, on December 29, 2010, the Commission on Elections promulgated Resolution No. 8739entitled "General Instructions for the Board of Election Inspectors (BEI) On the Voting, Counting andTransmission of Results In Connection With the May 10, 2010 National and Local Elections;

WHEREAS, there is a need to amend or revise portions of Resolution No. 8739 in order to fine tunethe process and address procedural gaps;

NOW THEREFORE, pursuant to the powers vested in it by the Constitution, the Omnibus Election

Code, Republic Act No. 9369, and other election laws, the Commission on Elections HEREBYRESOLVES to promulgate, the following Revised General Instructions for the Board of ElectionInspectors (BEI) on the Voting, Counting, and Transmission of Results:

ARTICLE IBOARD OF ELECTION INSPECTORS

Section 1.Board of Election Inspectors (BEI); constitutions and appointment. - The Commission onElections, through its Election Officer, shall constitute not later than January 8, 2010, the BEI foreach precinct/clustered precinct from the list of all public school teachers submitted by theDepartment of Education's (DepEd) highest official within the city/municipality/school district.

The BEI shall be composed of a Chairman and two (2) members, one of whom giving preference tothose with permanent appointment and those who served in the immediately preceding National andLocal Elections.

In all cases, the Election Officer shall ensure that at least one (1) member of the BEI shall be aninformation technology-capable person as certified by the Department of Science and Technology(DOST) after the training of the same.

In case there are not enough public school teachers, teachers in private schools, employees in thecivil service, or citizens of known probity and competence who are registered voters of the city ormunicipality may be appointed as members of the BEI; provided, that the chairman shall be a publicschool teacher.

Section 2.Qualifications of members of the BEI. - No person shall be appointed as chairman ormember of the BEI, whether regular, substitute or temporary, unless he:

a) Is of good moral Character and irreproachable reputation;

b) Is a registered voter of the city or municipality;


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c) Has never been convicted of any election offense or of any other crime punishable bymore than six (6) months of imprisonment;

d) Has no pending case against him filed in COMELEC/count for any election offense; and

e) Is able to speak, read and write English or the local dialect.

Section 3.Disqualification. - No person shall serve as chairman or member of the BEI if he or hisspouse is related within the fourth civil degree of consanguinity or affinity to any member of the sameBEI or to any candidate to be voted for or to the latter's spouse. Violation of this provision shallconstitute an election offense as provided in Section 261 (bb), sub-par (3) of the Omnibus ElectionCode.

Section 4.Notice of disqualification. - Any chairman or member of the BEI who is disqualified forany reason shall immediately notify the Election Officer of such fact in writing, who shall in turn,appoint a substitute.

Section 5.Temporary vacancies in the BEI. - If, at the time of the meeting of the BEI, any member is

absent or a vacancy exists, the members present shall call upon a substitute from the list of publicschool teachers submitted by the DepED to perform the duties of the absent member. If none isavailable, the members present shall appoint any qualified non-partisan voter of the precinct totemporarily fill said vacancy until the absent member appears. In case there are two memberspresent, they shall act jointly.

Section 6.Arrest of absent members. - The member or members of the BEI present may order thearrest of any member who, in his or their judgment, has absented himself with the intention ofobstructing the performance of the duties of the BEI.

Section 7.Appointment and oath of members of the BEI. - The Election Officer shall accomplish theform for the Appointment of the Chairman and Members of the BEI (A5) in three (3) copies, and

require the chairman and members of the BEI to affix their signature and imprints of their rightthumbs on the Oath of Office (A5-A) before him before assumption of office. (As Revised)

Copies of the Appointment and Oath (A5 & A5-A) shall be distributed, as follows:

(As revised)

a) The first and second copies shall be retained by the Election Officer. One copy shall be forhis file and the other shall be attached to the payroll for payment of honorarium of the BEI;and

b) The third copy shall be issued to the chairman/members of the BEI.

Section 8.Minutes of Testing and Sealing; Voting and Counting (Minutes). - The BEI shall enter inthe Minutes (A11), the act or data therein required as they occur or become available during voting,counting, and transmission of results. Copies thereof shall be sealed in separate envelopes, to bedistributed as follows: (As Revised)

a) First copy, to the Election Officer, who shall transmit it to the Election Records andStatistics Department (ERSD) in Manila; and


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b) Second copy, to be deposited inside the compartment of the ballot box. (As Revised)

Section 9.Support Staff. - There shall be in addition to the regular members of the BEI

Depending on the number of precincts clustered, a maximum of three (3) support staff, who areregistered voters in the precinct/clustered precinct where they are assigned. They shall be

appointed/designated by the Election Officer, subject to the qualifications and conditions providedunder Sections 2, 3 and 7 hereof, in such manner as indicated below:

NO. OF PRECINCTS IN A CLUSTER NO. OF SUPPORT STAFF

1 to 2 0

3 1

4 2

5, 6 and 7 3

They can neither participate in any deliberation of the BEI nor vote on any issue or question that mayarise during the proceedings.

In case of absence of all or any of the support staff on the day of the election, the BEI, by majorityvote, may designated ant registered voter in the precinct/clustered precinct as substitute, subject tothe provisions of Sections 2, 3 & 7 hereof. Such fact shall be recorded in the Minutes.

Section 10.Powers and functions of the BEI. - The BEI shall have the following powers andfunctions:

a) Conducts the voting in the polling place and administer the election counting of voters;

b) Print the election returns and transmit electronically the election results, through the use ofthe PCOS machine, to the:

i. City/Municipal Board of Canvassers; (Renumbered)

ii. Central Server; and (As revised)

iii. Dominant majority party, dominant minority party, accredited citizens' arm andKBP. (As revised)

c) Act as deputies of the Commission in the conduct of the elections;

d) Maintain order within the polling place and its premises; keep access thereto open andunobstructed; enforce obedience to its lawful orders and prohibit the use of cellular phonesand camera by the voters. If any person refuses to obey the lawful orders of the BEI orconducts himself in a disorderly manner in its presence or within its hearing and therebyinterrupts or disturbs its proceedings, the BEI may issue an order in writing directly anypeace officer to take said person into custody until the adjournment of the meeting, but suchorder shall not be executed as to prevent said person from voting. A copy of such writtenorder shall be attached to the Minutes; and (As Revised)


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e) Perform such other functions prescribed by law or by the rules and regulationspromulgated by the Commission.

Section 11.Proceedings of the BEI. - The meeting of the BEI shall be public and shall be held in thepolling place designated by the Commission.

The BEI shall act through its chairman and shall decide by majority vote, without delay, all question,which may arise in the performance of its duties.

Section 12.Voting Privilege of the Members of BEI. - Members of the BEI who are registered votersin precincts other than where they are assigned, may avail of the Local Absentee Voting, or on theday of the elections, vote in the precincts where they are registered, provided that they do so whenthe voting in their respective places of assignments is light, and their absence shall not be for morethat twenty (20) minutes. For this purpose, they shall schedule their voting so that only one memberof the BEI shall leave at any one time. (As Revised)

Section 13.Prohibition against political activity. - No member of the BEI or its support staff shallengage in any partisan political activity or take part in the election except to discharge his duties as

such and to vote.

Section 14.Honoraria of the BEI and their support staff; /DepEd Supervisor and their support staff. -The chairman and members of the BEI shall each receive an honorarium of three thousand pesos(P3,000.00). In addition, each shall receive P500.00 for the Inspection, Verification and Sealing ofBook of Voters; P500.00 for the Testing and Sealing of Machines; P300.00 for one-timetransportation allowance and service credits for three days of service (day before the elections,election day and day after elections). (As Revised)

Support Staff shall receive an honorarium of P1,500.00 each and service credits for three (3) days ofservice (day before the elections, election day and day after elections). (As Revised)

There shall be at least one (1) DepEd Supervisor Official with one (1) support staff for every pollingcenter. In case of polling centers with more than ten (10) clustered precincts, an additional DepEdsupervisor official with one (1) support staff shall be constituted, as follows: (New)

No. of clustered precincts No. of DepEd Supervisor Official No. of support staff

1-10 1 1

11-20 2 2

21-30 and so on

3 3

The DepEd Supervisors, in coordination with the Election Officer, shall, among other things:

a) Plan, organize and supervise the setting-up of a voter assistance center at the pollingcenter to assist voter in locating their polling places;

b) Plan, organize and supervise the crowd management at the entrance areas of pollingplaces;


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c) Maintain a list of technical personnel as well as PNP and AFP personnel in the pollingcenters for efficient coordination in case of need; and

d) Serve as the contact and point person of the EO in the polling center.

The Support Staff of the DepEd Supervisor shall assist the latter in undertaking the abovementioned

functions.

Supervisors for ten clustered precincts shall receive an honorarium of P3,000.00 and service creditsfor three (3) days of service (day before the elections, election day, and day after elections); whiletheir support staff shall receive an honorarium of P1,500.00 and service credits for three (3) days ofservice (day before the elections, election day, and day after elections) (New)

The COMELEC shall allocate the amount of Thirty Million Pesos (P30,000,000.00) for election-related death or injuries that may be sustained by DepEd employees in the performance of electionduties. Provided that in case of death while in the performance of election duties, the heirs of thedeceased official/employee shall be given the amount of Two Hundred Thousand Pesos(P200,000.00). (As Revised)

ARTICLE IIWATCHERS

Section 15.Official watchers of candidates, political parties and other groups. - Each candidate andregistered political party or coalition of political parties duly registered with the Commission andfielding candidates in the election, as well as duly accredited citizens' arms may point two watchers,to serve alternately, in every polling place. However, candidates for Senator, candidates for Member,Sangguniang Panlalawigan or Sangguniang Panlungsod, or Sangguniang Bayan, belonging to thesame ticket or slate, shall collectively be entitled to one watcher.

Duly accredited citizens arms of the Commission shall be entitled to appoint a watcher in every

polling place. Other civil, professional, business, service, youth, and any other similar organizationswith prior authority of the Commission, shall be entitled collectively be entitled to one watcher.

If, because of limited space, all watchers cannot be accommodated in the polling place, preferenceshall be given to the watchers of the dominant majority and dominant minority parties as determinedby the Commission and the watcher of the citizens' arm, with the latter being given preferentialposition closest to the BEI. In case there are two or more citizen's arm, the one authorized by theCommission to conduct an unofficial count shall be given preference. (As Revised)

Section 16. Qualifications of watchers. - No person shall be appointed watcher unless he:

a) Is a registered voter of the city or municipality comprising the precinct where he isassigned;;

b) Is of good reputation;

c) Has not been convicted by final judgment of any election offense or of any other crime;

d) Knows how to read and write Pilipino, English or of the prevailing local dialect; and


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A6 Official Ballots 1 pc. Per voter

A12 Paper Seal 75 Pieces

A14Certificate of Receipt of Official Ballots, Other Forms andSupplies by BEI

3 Pieces

A27 Official Receipt of Election Returns 30 Pieces

ENVELOPES FOR VOTING AND COUNTING

A15For Rejected ballots, Half of Torn Unused Official Ballotsand Other Half of Torn Unused Official Ballots

3 Pieces

A17 For Election Returns 30 Pieces

OTHER ENVELOPES

A18-A For Main Memory Card, I-button Security Key, PIN's,Initialization Report, Audit Log, and Precinct StatisticalReport

6 Pieces

OTHER FORMS

A30/A31 Temporary Appointment of Chairman/Poll Clerk/ ThirdMember/Support Staff

10 Pieces

A35 Certificate of Challenge or Protest and Decision of theBEI

10 Pieces

A39 Oath of Voter Challenge for Illegal Acts 10 Pieces

A40 Oath of Identification of Challenged Voter 10 Pieces

SUPPLIES

Bond Paper (long) 30 Pieces

Ballot Secrecy Folder 22 Pieces

Thumbprint Taker 1 pc. per precinctin a cluster

Seal with Steel Wire for Ballot Box 1 Piece

Indelible Stain Ink 2 Bottles perprecinct cluster

Instruction to Voters 1 Pc. per clusteredprecinct

Marking pens 1or2 Box/es

Ballpen 6 Pieces

(As Revised)

FROM THE ELECTIION OFFICER

a) Book of Voters;


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b) One (1) copy of the Precinct Computerized Voters List (PCVL) and supplemental PCVL, ifany, for posting outside the precinct;

c) Two (2) copies of Election Day Computerized Voters List (EDCVL)/ (List of Voters withVoting Record) and supplemental EDCVL, if any; and

d) Copies of Appointment and Oath of Office of the BEI and Support Staff (A5 & A5-A). (AsRevised)

The Book of Voters should be duly sealed. The PCVL and EDCVL should all be duly certified by theElection Registration Board.

The poll clerk, third member and the support staff, if any, shall have custody of the Book of Votersand one (1) copy of the EDCVL.

The BEI shall carefully check the different election forms, documents and supplies and the quantityactually received. The BEI shall sign a Certificate of Receipt (A14) in three copies, the original ofwhich shall be delivered to the City/Municipal Treasurer, who shall transmit the same to the ERSD,

Comelec, Manila, immediately after election day. (As Revised)

Section 19.Forms to be reproduced when needed. - The following forms may be reproduced whenneeded:

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

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

c) Oath of Voter Challenger for Illegal Acts (Annex "C"); and

d) Oath to Identify A Challenged Voter (Annex "D").

ARTICLE IVDATE, TIME, AND PLACE OF VOTING

Section 20.Date of election. - The election shall be held on May 10, 2010.

Section 21.Voting hours. - The casting of votes shall start at seven o'clock in the morning and shallend six o'clock in the evening of election day.

If at six o'clock there are still voters within thirty (30) meters in front of the polling place who have notyet cast their votes, voting shall continue but only to allow said voters to cast their votes withoutinterruption. The poll clerk shall, without delay, prepare a complete list containing the names of said

voters consecutively numbered, The voters listed shall be called to vote by the poll clerk byannouncing each name three (3) times in the order in which they are listed. Any voter in the list whois not present when called shall not be allowed to vote at any later time. The said list shall besubmitted to the Election Officer.

Section 22.Place of voting. - Voters shall cast their votes in the polling place designated by theCommission. The poster indicating the clustered precinct number (A3) shall be prominently postednear or at the door of the polling place.


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e) The ballot box shall remain locked during voting.

Section 28.Persons allowed inside the polling place. - Only the following persons shall be allowedinside the polling place:

a) Members of the BEI and support staff, if any;

b) Watchers who shall stay only in the space reserved for them;

c) Representatives of the Commission;

d) Technical support staff assigned in the voting center duly designated by the Commissionwho may be summoned by the BEI in order to address some technical problems;

e) Voters casting their votes;

f) Voters waiting for their turn to cast their vote;

g) Other persons who may be specifically authorized by the Commission.

Section 29.Persons not allowed to enter the polling place. - Unless specifically authorized by theCommission, it is unlawful for the following to enter any polling place or stay within a radius of fifty(50) meters thereof, except to vote:

a) Any officer or member of the Armed Forces of the Philippines or the Philippine NationalPolice;(Renumbered)

b) Any peace officer or any armed person belonging to any extra-legal police agency, specialforces, reaction forces, strike forces, Civilian Armed Force Geographical Units, barangaytanods or other similar forces or para-military forces, including special forces, security

guards, special policeman; (Renumbered)

c) All other kids of armed or unarmed extra-legal police forces; and (Renumbered)

Section 30.Prohibition on voting. - It shall be unlawful for a voter to:

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

b) Speak with anyone other than as herein provided while inside the polling place;

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

d) Fill his ballot accompanied by another, except in the case of an illiterate or person withdisability/disabled voter;

e) Erase any printing from the ballot, or put any distinguishing mark on the ballot;

f) Use carbon paper, paraffin paper or other means of making a copy of the contents of theballot, or otherwise make use of any other scheme to identify his vote, including the use ofdigital cameras, cellular phones with camera or similar gadgets;


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g) Intentionally tear or deface the ballot; and

h) Disrupt or attempt to disrupt the normal operation of the PCOS.

Section 31.Preparation of ballots for illiterate and person with disability/disabled voters. - No votershall be allowed to vote as illiterate or person with disability/disabled unless such fact is indicated in

the EDCVL or VRR. If so, he may be assisted in the preparation of his ballot, by any:

a) Relative within the fourth civil degree of consanguinity and affinity; or (As Revised)

b) Any person of his confidence who belongs to the same household; or

c) Any member of the BEI. (As Revised)

A person with physically impaired capacity to use the AES may also be assisted in feeding his ballotinto the PCOS. The assistor shall ensure that the contents of the ballot are not displayed during thefeeding of the same into PCOS.

All assistor must be of voting age.

No person may assist an illiterate or person with disability/disabled voter more than three (3) times,except the members of the BEI.

In all cases, the poll clerk shall first verify from the illiterate or person with disability/disabled voterwhether the latter had authorized the assistor to help him to cast his vote.

The assistor shall, in the presence of the illiterate or person with disability/disabled voter prepare theballot using a ballot secrecy folder.

The assistor shall bind himself in writing and under oath to fill the ballot strictly in accordance with

the instructions of the voter and not reveal the contents thereof, by affixing his signature in theappropriate space in the Minutes.

Section 32.Accessibilty of polling place to person with disability/disabled voters. - All polling placesof precincts where there are persons with disability/disabled voters shall be located at the groundfloor of the voting centers, unless not feasible. For this purpose, the EOs shall coordinate with theproper school or building officials.

Section 33.Prohibition against premature announcement of voting. - During the voting, no memberof the BEI shall make any announcement as to whether a certain registered voter has already votedor not, as to how many have already voted or how many so far have failed to vote or any other facttending to show or showing the state of the polls; nor shall he make any statement at any time,

except as witness before a court or body as to how many persons voted.

ARTICLE VPROCEDURES OF VOTING, COUNTING OF VOTES AND TRANSMISSION OF PRECINCT

RESULTS

Section 34.Preliminaries to the voting. - The BEI shall meet at the polling place at six o'clock in themorning of Election Day and ensure that the PCOS box and the ballot box are inside the polingplace. (As Revised)


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a) Post one copy of PCVL of each precinct in the cluster, near or at the door of the pollingplace; (As Revised)

b) Show to the public and the watchers present that the; (As Revised)

i. PCOS box is sealed;

ii. Ballot box is locked and empty;

iii. Package of official ballots and the Book of Voters are both duly sealed, andthereafter, break the seals.

c) Remove the sticker seal of the PCOS box; (As Revised)

d) Open the PCOS box; (As Revised)

e) Check whether the following are inside the PCOS box: (As Revised)

i. Checklist of contents of the box;

ii. PCOS machine;

iii. Power cord of the PCOS;

iv. One (1) envelope containing spare iButton;

v. Three (3) rolls of official thermal paper;

vi. Three (3) PINs of the BEI;

vii. One (1) PIN for re-zeroing which shall remain in the PCOS box;

viii. Modem, if any*

ix. Two (2) copies of the Minutes

* There shall be at least one (1) Modem in every polling center.

f) Retrieve the Minutes from the PCOS box and: (As Revised)

i. Check if the seal number of the seal used in the PCOS box is the same as the

serial number recorded in the Testing and Sealing of the Minutes;

ii. Enter in the Minutes the number of ballots as indicated in the package of theballots; and not the fact that the PCOS box, package of ballots, and the Book ofVoters were shown on the public with the seals intact.

g) Retrieve the PIN of the BEI and distribute the same among themselves. The re-zero PINshall not be used on election day; (As Revised)


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h) Retrieve the PCOS from its box; (As Revised)

i) Show to the public that the printer cover of the PCOS, slots labeled POLL WORKER andADMINISTRATION where the main memory card and back-up memory card, respectivelyare stored, and sealed; (As Revised)

j) Unlock the sliding cover of the ballot box slit and break its plastic security seal; (AsRevised)

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

l) Break the plastic fixed length seal of the printer cover of the PCOS; (As Revised)

m) Open the printer cover and the Chairman shall take out the iButton security key; (AsRevised)

n) Verify that the roll of paper is already properly installed; (As Revised)

o) Close the printer cover; (As Revised)

p) Connect the power adoptor to the PCOS AC power port (20VAC); (As Revised)

q) Plug the other end to the electrical outlet; (As Revised)

r) Connect the battery to the PCOS DC power port (12 VDC). If there is no power, using apen, press the RESET button located at the top of the PCOS AC power port; (As Revised)

s) Wait until PCOS displays the message "PLEASE INSERT SECURITY KEY FORAUTHENTICATION"; (As Revised)

t) The Chairman shall place the iButton security key on top of the iButton security keyreceptacle and apply slight pressure thereon until the message "SECURITY KEY VERIFIED"appears on the PCOS screen. Wait until the "MAIN MENU" is displayed. The iButton shall bein custody of the Chairman until the closing of voting.;(As Revised)

u) The certified IT-capable member of the BEI shall perform the following procedures: (AsRevised)

i. Select "OPEN VOTING" from the Main Menu;

ii. The PCOS shall then request for the PIN of the poll clerk who will then enter hisPIN and press "ENTER";

iii. Validate the PIN and display a message "PIN ACCEPTED";

iv. Request for the second PIN from the third member who will then enter his PIN andpress "ENTER";

v. Validate the PIN and display a message "PIN ACCEPTED";


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vi. Display two (2) options: "INITIALIZE VOTE COUNTERS" and "PREVIOUSSCREEN";

v) Press the "INITIALIZE VOTE COUNTERS" option of the PCOS. The PCOS shall: (AsRevised)

i. Display the message "INITIALIZING VOTE COUNTERS";

ii. Automatically print the Initialization Report showing zero ("0") vote for eachcandidate including the geographic information (province, city/municipality, barangay,voting center and individual precinct in the cluster);

iii. After printing the Initialization Report, the PCOS will display the message,"WOULD YOU LIKE TO PRINT MORE COPIES OF THIS REPORT?" with "YES"and "NO" options. Press "NO". The PCOS will display the message "PLEASEINSERT BALLOT". Now, the PCOS is ready to accept ballots.

w) Detach the Initialization Report, affix their signatures thereon including the representatives

of the political parties, candidates or citizens arms present; (As Revised)

x) The Chairman shall then place the Report inside the envelope (A18-A) for submission tothe Election Officer after the voting, for his safekeeping. (As Revised)

Section 35.Manner of obtaining ballots. - The voter shall:

a) Look for his name in the PCVL posted near the door of the voting center and determinehis precinct number and sequence number; (Renumbered)

b) Approach the BEI member or the support staff in-charge of the precinct, give his sequencenumber in the PCVL, name and address, together with the other data concerning his

person; (Renumbered)

c) The BEI or the support staff shall verify if the name of the voter is in the EDCVL. If thename of the voter is in the EDCVL, his identity shall then be established through thefollowing: (Renumbered)

i. His photograph in the EDCVL or specimen signatures in the Voters RegistrationRecord (VRR) or any authentic document which may establish his identity exceptbarangay certificate or community tax certificate; or

ii. In the absence of any of the above-mentioned proof of identity, any member of theBEI or any registered voter of the precinct/clustered precinct may identity under oath

a voter, and such act shall be reflected in the Minutes.

iii. If the BEI or support staff is satisfied with his identity, the name of the voter shallbe distinctly announced in a tone loud enough to be heard throughout the pollingplace. Otherwise, the voter shall be directed to leave the polling place after informinghim the reason thereof. If the voter is not challenged, or having been challenged, thequestion has been decided in his favor, the voter shall be directed to the chairman ofthe BEI.


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d) Before giving the ballot to the voter, the chairman of the BEI shall: (As Revised)

i. Check if any of the fingernails of the voter has already been stained with indelibleink. If stained, it shall be a conclusive presumption that he has already cast his vote.As such, the voter shall be directed to leave the polling place after informing him thereason thereof. This fact, including the name and the precinct of the voter shall be

recorded by the Poll Clerk in the Minutes; (Renumbered)

ii. After verifying that no fingernail has been stained, affix his signature in theEDCVL; (Renumbered)

iii. Authenticate the ballot by affixing his signature at the designated space at thefront thereof;(Renumbered)

The failure to authenticate the ballot shall not invalidate the ballot but shall constitutean election offense.

iv. Instruct the voter on how to fi ll-up the ballot properly. (Renumbered)

v. Insert the ballot in the secrecy folder in such a manner that its face is covered,except the portion where his signature in the ballot appears, and give the ballot to thevoter. (Renumbered)

Only the chairman shall issue the official ballots, and more than one ballot shall beissued at one time.

vi. Require the voter to affix his signature on the proper space in theEDCVL. (Renumbered)

Section 36.Manner of voting. - Voting shall be conducted in the following manner:

a) The voter shall, using a ballot secrecy folder and the marking pen provided by theCOMELEC, fill his ballot by fully shading the oval beside the names of the candidates andpolitical party participating in the party list system of representation of hischoice; (Renumbered)

b) The voter shall then approach the PCOS, insert his ballot in the ballot entry slot and waituntil message "CONGRATULATIONS. YOUR VOTE HAS BEEN REGISTERED." appearson the screen. The BEI shall monitor the PCOS screen to make sure that the ballot wassuccessfully accepted. Thereafter, the voter shall return the ballot secrecy folder andmarking pen to the chairman; (As Revised)

c) The BEI shall apply indelible ink at the base and extending to the cuticle of the rightforefinger nail of the voter, or any other nail if there be no forefinger nail; (Renumbered)

d) The voter shall affix his thumbmark on the corresponding space in the EDCVL;and (Renumbered)

e) The voter shall then leave the polling place. (Renumbered)


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Section 37.Shortage of ballots; Procedure. - In case the official ballots of a precinct have all beenused up and there are still voters registered in the precinct waiting to cast their votes, the Chairmanshall: (New)

a) Do steps (c) to (d) under Section 34 thereof;

b) Issue a Certification to the voter, stating that he is a registered voter of the precinct, butthere are no more available ballots for use;

c) Record such facts in the Minutes; and

d) Request the Third Member to accompany the voter to the next precinct belonging to thesame councilor district, where he shall cast his vote.

e) The Chairman of the precinct where the voter is directed to vote shall:

i. Require the voter the Certification issued by the Chairman of his precinct;

ii. Record in the Minutes the name of the voter, his precinct number and the fact thata Certification by the Chairman of the precinct that there are no more availableballots thereat;

iii. Write the name of the voter in the EDCVL indicating opposite his name hisprecinct number; and

iv. Before issuing a ballot, observe Steps (c) to (d) of Section 34 and ensure that thevoter observes procedure under Section 35 hereof.

Section 38.Rejected ballots; Procedure. - Ballots may be rejected by then PCOS during thescanning. There will be three (3) different types of messages when the PCOS rejects a ballot. For

each messages, the BEI shall observe the following procedures: (As Revised)

a) "AMBIGUOUS MARK"

i. Let the voter review his ballot and ensure that the ovals opposite the name ofcandidate/party voted for are fully shaded.

b) "MISREAD BALLOT" - let the voter re-feed the ballot in 4 different orientations of ballot.

c) "INVALID BALLOT"

i. Verify if the ballot belongs to the precinct. If the ballot belongs to another precinct,

the voter shall return the ballot to the Chairman who shall proceed to Step 4 and 5hereof;

ii. If the ballot belongs to the precinct, let the voter re-feed the ballot in 4 differentorientations.

d) In all cases, if the PCOS rejects a ballot, the voter shall return the ballot to the Chairmanwho shall:


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i. Distinctly mark the back thereof as "REJECTED";

ii. Require all members of the BEI to sign at the back thereof, and place inside theEnvelope for Rejected Ballots (A15).

e) No replacement ballot shall be issued to a voter whose ballot is rejected by the PCOS;

f) Any party objecting to the rejection of the ballot shall reduce his objection in writing, whichthe BEI shall attach and note in the Minutes.

Section 39.Disposition of unused ballots. - After the voting, the chairman in the presence of the BEIshall:(Renumbered)

a) Record in the Minutes the quantity of unused ballots; (Renumbered)

b) Tear the unused ballots in half lengthwise; (Renumbered)

c) Place one half in the envelope (A15), and submit to the EO for safekeeping;

and (Renumbered)

d) Place the other half in another envelope (A15), and then deposit inside the compartmentof the ballot box for valid ballots. Such facts shall be entered in the Minutes. (Renumbered)

Section 40.Counting of ballots and transmission of results; Procedure. (Renumbered) (AsRevised)

a) At the end of voting and before the start of counting of votes, the Chairman shall place theiButton security key on top of the iButton security key receptacle and apply slight pressurethereon. Remove the iButton security key from its receptacle, after which the PCOS willdisplay the Main Menu;

b) Press the "CLOSE VOTING" option in the Main Menu;

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

d) The PCOS will request for the PIN of the poll clerk who will then enter his PIN and press"ENTER". The PCOS will validate the PIN and displays a message "PIN ACCEPTED". ThePCOS will request for the second PIN from the third member who will then enter his PIN andpress "ENTER". The PCOS will validate the PIN and displays a message "PIN ACCEPTED".

e) The screen will display a message "POLL IS BEING CLOSED PLEASE WAIT" followed

by another message "VOTING HAS BEEN CLOSED NO MORE BALLOTS WILL BEACCEPTED BY THIS PCOS";

f) Thereafter, the PCOS shall automatically count the votes and immediately display amessage "WOULD YOU LIKE TO DIGITALLY SIGN THE TRANSMISSION FILES WITH ABEI SIGNATURE KEY?", with a "YES" or "NO" option;

g) Press "NO" option. The PCOS will display "ARE YOU SURE YOU DO NOT WANT TOAPPLY A DIGITAL SIGNATURE?" with a "YES" and "NO" option;


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h) Press "YES" option. A message shall be displayed "PRINTING 8 COPIES OF NATIONALRETURNS. PLEASE WAIT";

i) A message shall be displayed "WOULD YOU LIKE TO PRINT MORE COPIES OF THISREPORT" with a "YES and "NO" options. Press "NO" option;

j) Thereafter, the PCOS will display "PRINTING 8 COPIES OF LOCAL RETURNS. PLEASEWAIT" and the PCOS automatically prints the 8 copies;

k) A message shall be displayed "WOULD YOU LIKE TO PRINT MORE COPIES OF THISREPORT" with a "YES" and "NO" options. Press "NO" option;

l) Detach the 8 copies of the ERs. After which, members of the BEI shall affix their signaturesand thumb marks thereon;

m) The BEI shall ask the watchers present to affix their signatures on the printed ERs;

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

o) The chairman of the BEI shall publicly announce the total number of votes received byeach candidate, stating their corresponding offices;

p) The poll clerk shall announce the posting of a copy of the ER both for national and localpositions on a wall within the premises of the polling place/counting center which must besufficiently lighted and accessible to the public, and proceed to post such copies;

q) After forty-eight (48) hours following the posting, the chairman of the BEI shall detach theposted printed copy on the wall and keep the same in his custody to be produced as may berequested by any voter for image or data capturing or for any lawful purpose as may beordered by competent authority;

r) The PCOS will display a message "READY TO TRANSMIT. PLEASE PLUG INTRANSMISSION CABLE TO ELECTRONICALLY TRANSMIT ELECTION REPORTS ANDPRESS OK TO CONTINUE";

s) Connect the transmission medium to the PCOS and press the "OK" button;

t) The PCOS will display a message "DETECTING MODEM";

u) If the modem is properly connected, the PCOS will display the message "MODEMDETECTED";

v) If checking of modem fails, the PCOS will display the message "MODEM NOTDETECTED" followed by the message "TRANSMISSION CABLE NOT CONNECTED.RETRY?" with "YES" and "NO" options. Check the connection of the transmission medium tothe PCOS and if it is properly set up, press the "YES" button;

w) If after three (3) attempts, the transmission medium still fails, call the Support Technician.

x) The PCOS will display the following messages in succession:


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i. "IDENTIFYING TARGET SERVER

ii. "SERVER IDENTIFIED"

iii. "CONTACTING SERVER RETRIES ";

iv. TRANSMITTING FILE [1/1] TO " with percentage of completion

y) Wait until the message "ELECTION REPORT SUCCESSFULLY TRANSMITTED TO" is displayed;

The same message will appear when transmitting to central server and KBP-Parties-Citizenserver.

z) After successful transmission to MBOC, KBP-Parties-Citizens and Central Server, thePCOS will display a message "ALL ELECTION REPORTS HAVE BEEN SUCCESSFULLYTRANSMITTED TO 3/3 LOCATIONS. PLEASE DISCONNECT TRANSMISSION CABLE";

aa) Disconnect the transmission medium. The PCOS will display a message"PRINTING TRANSMISSION REPORT. PLEASE WAIT" Followed by a message"WOULD YOU LIKE TO PRINT MORE COPIES OF THIS REPORT" with "YES" and"NO" options. Press "NO" option;

bb) The PCOS will display a message "READY TO PRINT FINAL 22 COPIES OFELECTION RETURNS. PLEASE REPLACE THERMAL PRINTER PAPER ROLL.PRESS OK WHEN READY" with "OK" button;

cc) Replace thermal printer paper roll and press "OK" button;

dd) The PCOS shall display the message "PRINTING 22 COPIES OF NATIONAL

RETURNS. PLEASE WAIT" followed by the message "WOULD YOU LIKE TOPRINT MORE COPIES OF THIS REPORT?" with a "YES" and "NO" option. Press"NO" option;

ee) The PCOS display the message "PRINTING 22 COPIES OF LOCAL RETURNS.PLEASE WAIT" followed by the message "WOULD YOU LIKE TO PRINT MORECOPIES OF THIS REPORT?" with a "YES" and "NO" option. Detach the printed 22copies of Local Returns and press "NO" option;

ff) The PCOS shall display the message "PRINTING STATISTICAL REPORTPLEASE WAIT" followed by the message "WOULD YOU LIKE TO PRINT MORECOPIES OF THIS REPORT?" with a "YES" and "NO" option. Detach the printed

Statistical Report and press "NO" option;

gg) The PCOS shall display the message "PRINTING AUDIT LOG REPORTPLEASE WAIT" followed by the message "WOULD YOU LIKE TO PRINT MORECOPIES OF THIS REPORT?" with a "YES" and "NO" option. Detach the printedAudit Log Report and press "NO" option;

The Statistical Report, Transmission Report and Audit Log report shall be placed inthe envelope (A18-A) where the Initialization Report was placed;


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hh) The PCOS shall automatically create back-up of files;

ii) After printing the remaining 22 copies of ER, the members of the BEI shall affixtheir signatures and thumb marks on the 22 printed ERs and ask the watcherspresent to affix their signatures on the printed election returns;

jj) If failure of transmission occurs in any of the target servers (City/Municipal, KBP-parties-citizens arm server, or central server), the PCOS will print TransmissionReport.

kk) The PCOS will display a message "WOULD YOU LIKE TO PRINT MORECOPIES OF THIS REPORT" with "YES" and "NO" option. Press "NO" option;

ll) The PCOS will display the Main Menu;

mm) The certified IT-capable member of the BEI shall re-transmit the results to thetarget server by doing the following:

i. Press "RE-TRANSMIT RESULTS" option located in the Main Menu. List oftarget servers will be displayed;

ii. Press the target server to transmit;

iii. Wait until the transmission is successful. If after three (3) attempts, thetransmission medium still fails, call the Support Technician;

iv. Repeat Steps i to ii i, if there are more than one (1) target servers, wherethere are transmission failure.

nn) Print the remaining 22 copies of ER and other reports by doing the following:

i. Select "PRINT REPORTS" from the Main Menu;

ii. The PCOS will display a message "PLEASE SELECT WHICH REPORTYOU WOULD LIKE TO PRINT";

iii. List of reports will de displayed. Press the report that you would like toprint;

iv. The PCOS will display "PLEASE ENTER THE NUMBER OF COPIES TOPRINT" with a numeric keypad;

v. Press the desired number of copies (For ERs, pres 22, for statistics reportand audit log, press 1);

vi. Press "ENTER" button. The PCOS will automatically print the number ofcopies desired for the report selected;


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vii. The PCOS will display a message "WOULD YOU LIKE TO PRINT MORECOPIES OF THIS REPORT" with "YES" and "NO" option. Press "NO" option.The PCOS will display the main menu;

viii. Print 22 copies of ER for local, Statistical Report and Audit Log Report byfollowing steps (nn) (i) and (ii);

oo) Create backup 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 TOBACK-UP CARD" with "YES" and "NO" options. Select "YES" option;

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

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

pp) Unless otherwise ordered by the Commission, the BEI shall not stop or postponethe counting until it has been completed;

qq) In case a PCOS fails to count the vote or transmit/print the results, the Operatorshall announce the error and undertake the necessary corrective measures. Shouldthe Operator be unable to correct the error, he shall call on the Technical Supportpersonnel assigned to the Voting Center for assistance. Such fact shall be noted inMinutes.

Section 41.Disposition of Election Returns. - After the printing of the election returns, the BEI shallindividually fold the first eight (8) copies of election returns, seal each of them with serially numberedpaper seals, place in the envelope (A17), and seal the envelopes, for distribution to thefollowing: (As Revised)

a) In the election of president, vice-president, senators and party-list system:

i. City or Municipal Board of Canvassers;

ii. Congress, directed to the President of the Senate;

iii. Commission;

iv. Citizens' arm authorized by the Commission to conduct an unofficial count;

v. Dominant majority party as determined by the Commission in accordance with law;

vi. Dominant minority party as determined by the Commission in accordance withlaw;


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vii. Ballot box;

viii. Provincial Board of Canvassers;

ix. Ten (10) accredited major national parties, excluding the dominant majority andminority parties, in accordance with a voluntary agreement among them. If no such

agreement is reached, the Commission shall decide which parties shall receive thecopies on the basis of the criteria provided in Section 26 of Republic Act No. 7166;

x. Two (2) accredited major local parties in accordance with a voluntary agreementamong them. If no such agreement is reached, the Commission shall decide whichparties shall receive the copies on the basis of criteria analogous to that provided inSection 26 of Republic Act No. 7166;

xi. Four (4) national broadcast or print media entities as may be equitably determinedby the Commission in view of propagating the copies to the widest extent possible;

xii. Two (2) local broadcast or print media entities as may be equitably determined by

the Commission in view of propagating the copies to the widest extent possible;

xiii. Four (4) major citizens' arms, including the accredited citizens' arm, and othernon-partisan groups or organizations enlisted by the Commission pursuant to Section52(k) of Batas Pambansa Blg. 881. Such citizens' arms, groups and organizationsmay use the four certified copies of election returns for the conduct of citizens' quickcounts at the local or national levels; and

xiv. One (1) to be posted conspicuously on a wall within the premises of the pollingplace or counting center.

b) In the election of local officials and members of the House of Representatives:

i. City or Municipal Board of Canvassers;

ii. Commission;

iii. Provincial Board of Canvassers;

iv. Citizens' arm authorized by the Commission to conduct an unofficial count;

v. Dominant majority party as determined by the Commission in accordance with law;

vi. Dominant minority party as determined by the Commission in accordance with

law;

vii. One (1) to be posted conspicuously on a wall within the premises of the pollingplace or counting center;

viii. Ballot box;


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ix. Ten (10) accredited major national parties, excluding the dominant majority andminority parties, in accordance with a voluntary agreement among them. If no suchagreement is reached, the Commission shall decide which parties shall receive thecopies on the basis of the criteria provided in Section 26 of Republic Act No. 7166;

x. Two (2) accredited major local parties in accordance with a voluntary agreement

among them. If no such agreement is reached, the Commission shall decide whichparties shall receive the copies on the basis of criteria analogous to that provided inSection 26 of Republic Act No. 7166;

xi. Five (5) national broadcast or print media entities as may be equitably determinedby the Commission in view of propagating the copies to the widest extent possible;

xii. Two (2) local broadcast or print media entities as may be equitably determined bythe Commission in view of propagating the copies to the widest extent possible;

xiii. Three (3) major citizens' arms, including the accredited citizens' arm, and othernon-partisan groups or organizations enlisted by the Commission pursuant to Section

52(k) of Batas Pambansa Blg. 881. Such citizens' arms, groups and organizationsmay use the four certified copies of election returns for the conduct of citizens' quickcounts at the local or national levels; and

Section 42.Shutting Down of the PCOS. - After the printing of all reports and transmission ofprecinct results to all destinations, the PCOS shall automatically display the main menu. Theoperator shall then press the SHUTDOWN option, and the PCOS automatically shutdown. (AsRevised)

Section 43.Disposition of PCOS, ballot boxes, Election Returns and other documents. - Upon thetermination of the counting of votes and the announcement of the results of the election in theprecinct, the BEI shall:

a) Place inside the ballot box the sealed envelopes containing the following: (As Revised)

i. Copy of Printed ER intended for the ballot box;

ii. Copy of the Minutes of Testing and Sealing; Voting and Counting of Votesintended for the ballot box;

iii. Half of torn unused ballots; and

iv. Rejected Ballots.

b) Close the ballot box; lock it with one (1) serially numbered seal with steel wire and three(3) padlocks. The three (3) keys to the padlocks shall be placed in separate envelopes,which shall be sealed and signed by all members of the BEI;

c) Remove the main memory from the PCOS, place inside an envelope provided for thepurpose, seal the same. Label the envelope with "TRANSMITTED" or "NOTTRANSMITTED" to show whether the results are transmitted or not. Indicate in the envelopethe clustered precinct number and city/municipality. The labeled envelope shall be submitted


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to the Reception and Custody Group of the City/Municipal Board of Canvasser. The mainmemory shall be used by the Boards in case of failure of transmission;

d) Turn-over the PCOS to the Support Technician in the voting center;

e) Deliver the ballot box, accompanied by watchers, to the city or municipal treasurer;

For this purpose, the city/municipal treasurer shall provide at the voting center the necessarypersonnel and facilities for said delivery at the expense of the city/municipality.

In case the ballot box delivered by the BEI is not locked and/or sealed, the treasurer shalllock and/or seal the ballot box. The treasurer shall include such fact, including the serialnumber of the self-locking serially numbered fixed length seal used, in his report to theCommission.

f) Deliver to the Election Officer the following:

i. Book of Voters;

ii. EDCVL;

iii. PCVL;

iv. Three (3) envelopes, each containing a key to a padlock of the ballot box, whichshall each be delivered, under proper receipt, to the Provincial Election Supervisor,Provincial Prosecutor and Provincial Treasurer;

v. Envelope (A11) containing the copy of the Minutes intended for the Commission;

vi. Envelope (A15) containing the other half of torn unused official ballots;

vii. List of Voters allowed to vote, if any, after 6:00 o'clock in the evening of May 10,2010;

viii. Envelope containing Initialization Report, Precinct Audit Log Report and PrecinctStatistics Report;

ix. The envelopes containing copies of the election returns intended for the ProvincialBoard of Canvassers, Regional Board of Canvassers and the Commission onElections; and

x. The envelope containing the main memory card for use by the MBOC in case of

failure of transmission;

xi. Other pertinent papers and documents

After the counting of votes, the Provincial Election Supervisor, Election Officer (EO) or theTreasurer, shall require the BEI which failed to deliver the election documents orparaphernalia mentioned herein to deliver the same immediately.


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ARTICLE VICOMMON PROVISIONS

Section 44.Preservation of the list of voters. - The EO shall keep the EDCVL and PCVL in a safeplace until such time that the Commission gives instructions on their disposition.

Section 45.Omission or erroneous inclusion of documents in ballot box. - If after locking the ballotbox, the BEI discovers that some documents or articles required to be placed in the ballot box werenot placed therein, the BEI, instead of opening it to place therein said documents or articles, shalldeliver the same to the Election Officer. The Election Officer shall take appropriate measures topreserve the integrity of the documents.

In no instance shall the ballot box be reopened to place therein or to take out there from anydocument or article except in proper cases and with prior written authority of the Commission toretrieve copies of the election returns which will be needed in any canvass. In such instance, themembers of the BEI and the watchers shall be notified of the time and place of the opening of saidballot box. However, if there are other authentic copies of the election returns outside of the ballotbox which can be used in the canvass, such copies of the election returns shall be used in said

canvass and the opening of the ballot box to retrieve copies of the election returns placed thereinshall then be dispensed with.

Section 46.Special procedures. - The express provisions of this Resolution notwithstanding, theCommission may, in exceptional cases, adopt special procedures in the voting, counting,consolidation, transmission, storage, custody, distribution and retrieval of accountable forms andparaphernalia to fulfill its constitutional mandate to ensure free, orderly, honest, peaceful andcredible elections.

Section 47.Repealing clause. -This Resolution shall repeal Comelec Resolution No. 8739promulgated on December 29, 2009. (New)

Section 48.Effectivity. - This Resolution shall take effect on the seventh (7th) day after itspublication in two (2) daily newspapers of general circulation in the Philippines.

Section 49.Publication and dissemination. - Let the Education and Information Department, thisCommission, cause the publication of this Resolution in two (2) daily newspapers of generalcirculation in the Philippines and furnish copies thereof to all Regional Election Directors, ProvincialElection Supervisors, Election Officers and Boards of Election Inspectors. (Renumbered)

SO ORDERED.

(Sgd.)JOSE A.R. MELOChairman(Sgd.)RENE V. SARMIENTO

Commissioner(Sgd.)NICODEMO T. FERRER

Commissioner

(Sgd.)LUCENITO N. TAGLE (Sgd.)ARMANDO C. VELASCO


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Commissioner Commissioner

(Sgd.)ELIAS R. YUSOPHCommissioner

(Sgd.)GREGORIO Y. LARRAZABALCommissioner

Source: PDI - March 06, 2010 The Lawphil Project - Arellano Law Foundation

Republika ng PilipinasKAGAWARAN NG KATARUNGAN

DEPARTMENT OF JUSTICEM a n i l a

DEPARTMENT CIRCULAR NO. 98

IMPLEMENTING RULES AND REGULATIONS OF THEALTERNATIVE DISPUTERESOLUTION ACT OF 2004.

Whereas, pursuant to Section 52 of Republic Act No. 9285, otherwise known as the"Alternative Dispute Resolution Act of 2004" (ADR Act"), the Secretary of Justice is directedto convene a Committee for the formulation of the appropriate rules and regulationsnecessary for the implementation of the ADR Act;

Whereas, the committee was composed of representatives from the Department of Justice,the Department of Trade and Industry, the Department of the Interior and LocalGovernment, the President of the Integrated Bar of the Philippines, a representative fromthe ADR organizations.

Wherefore, the following rules and regulations are hereby adopted as the ImplementingRules and Regulations of Republic Act no.9285.

IMPLEMENTING RULES AND REGULATIONS OF THEALTERNATIVE DISPUTE RESOLUTION ACT OF 2004 (R.A No. 9285)

Pursuant to Section 52 of republic Act No. 9285, otherwise known as the alternative DisputeResolution Act of 2004" ("ADR Act"), the following Rules and Regulations (these "Rules")are hereby promulgated to implement the provisions of the ADR Act:

Chapter 1

GENERAL PROVISIONS

RULE 1 Policy and Application

Article 1.1Purpose. These Rules are promulgated to prescribe the procedures andguidelines for the implementation of the ADR Act.

Article 1.2Declaration of policy. It is the policy of the State:


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(a) To promote party autonomy in the resolution of disputes or the freedom of theparties to make their own arrangements to resolve their disputes;

(b) To encourage and actively promote the use of Alternative Dispute Resolution("ADR") as an important means to achieve speedy and impartial justice and declogcourt dockets;

(c) To provide means for the use of ADR as an efficient tool and an alternativeprocedure for the resolution of appropriate cases; and

(d) To enlist active private sector participation in the settlement of disputes throughADR

Article 1.3Exception to the Application of the ADR Act. The provisions of the ADR Act shallnot apply to the resolution or settlement of the following:

(a) labor disputes covered by Presidential Decree No. 442, otherwise known as the

"Labor Code of the Philippines, as a amended", and its Implementing Rules andRegulations;

(b) the civil status of persons;

(c) the validity of marriage;

(d) any ground for legal separation;

(e) the jurisdiction of courts;

(f) future legitimate;

(g) criminal liability;

(h) those disputes which by law cannot be compromised; and

(i) disputes referred to court-annexed mediation.

Article 1.4.Electronic Signature and E-Commerce Act. The provisions of the ElectronicSignature and E-Commerce Act, and its implementing Rules and Regulations shall apply toproceedings contemplated in the ADR Act.

Article 1.5.Liability of ADR Providers/Practitioners. The ADR provides /practitioners shallhave the same civil liability for acts done in the performance of their official duties as that ofpublic officers as provided in Section 38 (1), Chapter 9, Book 1 of the Administrative Codeof 1987, upon a clear showing of bad faith, malice or gross negligence.

RULE 2- Definition of Terms


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Article 1.6Definition of Terms. For purposes of these Rules, the terms shall be defined asfollows:

A. Terms Applicable to All Chapters

1. ADR Provider means the Institutions or persons accredited as mediators,conciliators, arbitrators, neutral evaluators or any person exercising similar functionsin any Alternative dispute resolution system. This is without prejudice to the rights ofthe parties to choose non-accredited individuals to act as mediator, conciliator,arbitrator or neutral evaluator of their dispute.

2. Alternative Dispute Resolution System means any process or procedures usedto resolve a dispute or controversy, other than by adjudication of a presiding judge ofa court or an officer of a government agency, as defined in the ADR Act, in whichneutral third person participates to assist in the resolution of issues, Includingarbitration, mediation, conciliation, early neutral evaluation, mini-trial or anycombination thereof.

3. Arbitration means a voluntary dispute resolution process in which one or morearbitrators, appointed in accordance with the agreement of the parties or theseRules, resolve a dispute by rendering an award.

4. Arbitration Agreement means agreement by the parties to submit to arbitrationall or certain disputes which have arisen or which may arise between them in respectof a defined legal relationship, whether contractual or not. An arbitration agreementmay be in the form of an arbitration clause in a contract or in the form of a separateagreement.

5. Authenticate means to sign, execute, adopt a symbol or encrypt a record orestablish the authenticity of a record or term.

6. Award means any partial or final decision by an arbitrator in resolving the issue orcontroversy.

7. Confidential Information means any information, relative to the subject ofmediation or arbitration, expressly intended by the source not to disclosed, orobtained under circumstances that would create reasonable expectation on behalf ofthe source that the information shall not be disclosed. It shall include:

(a) communication, oral or written, made in a dispute resolution proceeding,

including any memoranda, notes or work product of the neutral party or non-party participant;

(b) an oral or written statement made or which occurs during mediation or forpurposes of considering, conducting, participating, initiating, continuing orreconvening mediation or retaining a mediator; and


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(c) pleadings, motions, manifestations, witness statements, reports filed orsubmitted in arbitration or for expert evaluation.

8. Counsel means a lawyer duly admitted to the practice of law in the Philippinesand in good standing who represents a party in any ADR process.

9. Court means Regional Trial Court Except insofar as otherwise defined underModel Law.

10. Government Agency means any governmental entity, office or officer, otherthan a court that is vested by law with quasi-judicial power or the power to resolve oradjudicate disputes involving the government, its agencies and instrumentalities orprivate persons.

11. Model Law means the Model on International Commercial Arbitration adoptedby the United Nations Commission on International Trade Law on 21 June 1985.

12. Proceedings means judicial, administrative or other adjudicative process,including related pre-hearing or post hearing motions, conferences and discovery.

13. Record means information written on a tangible medium or stored in anelectronic or other similar medium, retrievable in a perceivable form.

14. Roster means a list of persons qualified to provide ADR services as neutrals orto serve as arbitrators.

15. Special ADR Rules means the Special Rules of Court on Alternative DisputeResolution issued by the Supreme Court on September 1, 2009.

B. Terms and Applicable to the Chapter Mediation

1. Ad hocMediation means any mediation other than institutional or court-annexed.

2. Institutional Mediation means any mediation process conducted under the rulesof a mediation institution.

3. Court-Annexed Mediation means mediation process conducted under theauspices of the court and in accordance with Supreme Court approved guidelines,after such court has acquired jurisdiction of the dispute.

4. Court-Referred Mediation means mediation ordered by a court to be conductedin accordance with the agreement of the parties when an action is prematurelycommenced in violation of such agreement.

5. Certified Mediator means a mediator certified by the Office for ADR as havingsuccessfully completed its regular professional training program.


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6. Mediation means a voluntary process in which a mediator, selected by thedisputing party voluntary agreement regarding a dispute.

7. Mediation Party means a person who participates in a mediation and whoseconsent is necessary to resolve the dispute.

8. Mediator means a person who conducts mediation.

9. Non-Party Participant means a person, other than a party or mediator, whoparticipates in a mediation proceeding as a witness, resource person or expert.

C. Terms Applicable to the Chapter on International Commercial Arbitration

1. Appointing Authority as used in the Model Law shall mean the person orinstitution named in the arbitration agreement as the appointing authority; or theregular arbitration institution under whose rules the arbitration is agreed to beconducted. Where the parties have agreed to submit their dispute to institutional

arbitration rules and unless they have agreed to a different procedure, they shall bedeemed to have agreed to the procedure under such arbitration rules for theselection and appointment of arbitrators. In ad hoc arbitration, the defaultappointment of an arbitrator shall be made by the National President of theIntegrated Bar of the Philippines (IBP) or his /her duly authorized representative.

2. Arbitral Tribunal (under the Model Law) means a sole arbitrator or a panel ofarbitrators.

3. Arbitration means any arbitration whether or not administered by a permanentarbitration institution.

4. Commercial Arbitration means an arbitration that covers matters arising from allrelationships of a commercial nature, whether contractual or not. Relationships of acommercial nature include, but are not limited to, the following commercialtransactions: any trade transaction for the supply or exchange of goods or services;distribution agreements; construction of works; commercial representation oragency; factoring; leasing; consulting; engineering; licensing; investment; financing;banking; insurance; joint venture and other forms of industrial or businesscooperation; carriage of goods or passengers by air, sea rail or road.

5. Convention Award means a foreign arbitral award in a Convention State.

6. Convention State means a state that is a member of the New York Convention.

7. Court (under the Model Law) means a body or organ of the judicial system of thePhilippines (i.e., the Regional Trial Court, Court of Appeals and Supreme Court).

8. International Arbitration means an arbitration where:


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(a) the parties to an arbitration agreement have, at the time of the conclusionof that agreement, their places of business in different states; or

(b) one of the following places is situated outside the Philippines in which theparties have their places of business:

(i) the place of arbitration if determined in, or pursuant to , thearbitration agreement;

(ii) any place where a substantial part of the obligations of thecommercial relationship is to be performed or the place with thesubject matter of the dispute is most closely connected; or

(c) the parties have expressly agreed that the subject matter of the arbitrationagreement relates to more than one country.

For this purpose:

(a) if a party has more than one place of business, the place of business isthat which has the closest relationship to the arbitration agreement;

(b) if a party does not have a place of business, reference is to be made tohis/her habitual residence.

9. New York Convention means the United Nations Convention of the Recognitionand Enforcement of Foreign Arbitral Awards approved in 1958 and ratified by thePhilippine Senate under Senate Resolution No.71.

10. Non-Convention Award means a foreign arbitral ward made in a state, which isnot a Convention State.

11. Non-Convention State means a state that is not a member of the New YorkConvention.

D. Terms Applicable to the Chapter on Domestic Arbitration

1. Ad hocArbitration means arbitration administered by an arbitrator and/or theparties themselves. An arbitration administered by an institution shall be regarded asad hoc arbitration if such institution is not a permanent or regular arbitrationinstitution in the Philippines.

2. Appointing Authority in Ad HocArbitration means, in the absence of anagreement, the National President of the IBP or his/her duly authorizedrepresentative.

3. Appointing Authority Guidelines means the set of rules approved or adopted byan appointing authority for the making of a Request for Appointment, Challenge,termination of the Mandate of Arbitrator/s and for taking action thereon.


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4. Arbitration means a voluntary dispute resolution process in which one or morearbitrators, Appointed in accordance with the agreement of the parties or theseRules, resolve a dispute by rendering an award.

5. Arbitral Tribunal means a sole arbitrator or a panel, board or committee ofarbitrators.

6. Claimant means a person/s with a claim against another and who commence/sarbitration against the latter.

7. Court means, unless otherwise specified in these Rules, a Regional Trial Court.

8. Day means calendar day.

9. Domestic Arbitration means arbitration that is not international as defined inArticle 1(3) of the Mode Law.

10. Institutional Arbitration means arbitration administered by an entity, which isregistered as a domestic corporation with the Securities and Exchange Commission(SEC) and engaged in. among others, arbitration of disputes in the Philippines on aregular and permanent basis.

11. Request for Appointment means the letter-request to the appointing authorityof either or both parties for the appointment of arbitrator/s or of the two arbitratorsfirst appointed by the parties for the appointment of the third member of an arbitraltribunal.

12. Representative is a person duly authorized in writing by a party to a dispute,

who could be a counsel, a person in his/her employ or any other person of his/herchoice, duly authorized to represent said party in the arbitration proceedings.

13. Respondent means the person/s against whom the claimant commence/sarbitration.

14. Written communication means the pleading, motion, manifestation, notice,order, award and any other document or paper submitted or filed with the arbitraltribunal or delivered to a party.

E. Terms Applicable to the Chapter on Other ADR Forms

1. Early Neutral Evaluation means an ADR process wherein parties and theirlawyers are brought together early in the pre-trial phase to present summaries oftheir cases and to receive a non-binding assessment by an experienced neutralperson, with expertise in the subject matter or substance of the dispute.

2. Mediation-Arbitration or Med-Arb is a two-step dispute resolution processinvolving mediation and then followed by arbitration.


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3. Mini-trial means a structured dispute resolution method in which the merits of acase are argued before a panel comprising of senior decision-makers, with orwithout the presence of a neutral third person, before which the parties seek anegotiated settlement.

CHAPTER 2THE OFFICE FOR ALTERNATIVE DISPUTE RESOLUTION

RULE 1- Office for Alternative Dispute Resolution (OADR)

Article 2.1.Establishment of the Office for Alternative Dispute Resolution. There is herebyestablished the OADR as an agency attached to the Department of Justice. It shall have aSecretariat and shall be headed by an Executive Director, who shall be appointed by thePresident of the Philippines, taking into consideration the recommendation of the Secretaryof Justice.

Article 2.2.Powers of the OADR. The OADR shall have the following powers;

(a) To act as appointing authority of mediators and arbitrators when the partiesagree in writing that it shall be empowered to do so;

(b) To conduct seminars, symposia, conferences and other public fora and publishproceedings of said activities and relevant materials/information that would promote,develop and expand the use of ADR;

(c) To establish an ADR library or resource center where ADR laws, rules andregulation, jurisprudence, books, articles and other information about ADR in thePhilippines and elsewhere may be stored and accessed;

(d) To establish training programs for ADR providers/practitioners, both in the publicand private sectors; and to undertake periodic and continuing training programs forarbitration and mediation and charge fees on participants. It may do so inconjunction with or in cooperation with the IBP, private ADR organizations, and localand foreign government offices and agencies and international organizations;

(e) To certify those who have successfully completed the regular professionaltraining programs provided by the OADR;

(f) To charge for services rendered such as, among others, for training andcertifications of ADR providers;

(g) To accept donations, grants and other assistance from local and foreign sources;and

(h) To exercise such other powers as may be necessary and proper to carry intoeffect the provisions of the ADR Act.

Article 2.3.Functions of the OADR. The OADR shall have the following functions;


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(a) To promote, develop and expand the use of ADR in the private and publicsectors through information, education and communication;

(b) To monitor, study and evaluate the use of ADR by the private and public sectorsfor purposes of, among others, policy formulation;

(c) To recommend to Congress needful statutory changes to develop, strengthenand improve ADR practices in accordance with international professional standards;

(d) To make studies on and provide linkages for the development, implementation,monitoring and evaluation of government and private ADR programs and secureinformation about their respective administrative rules/procedures, problemsencountered and how they were resolved;

(e) To compile and publish a list or roster of ADR providers/practitioners, who haveundergone training by the OADR, or by such training providers/institutionsrecognized or certified by the OADR as performing functions in any ADR system.

The list or roster shall include the addresses, contact numbers, e-mail addresses,ADR service/s rendered (e.g. arbitration, mediation) and experience in ADR of theADR providers/practitioners;

(f) To compile a list or roster of foreign or international ADR providers/practitioners.The list or roster shall include the addresses, contact numbers, e-mail addresses,ADR service/s rendered (e.g. arbitration, mediation) and experience in ADR of theADR providers/practitioners; and

(g) To perform such other functions as may be assigned to it.

Article 2.4.Divisions of the OADR. The OADR shall have the following staff and servicedivisions, among others:

(a) Secretariat shall provide necessary support and discharge such otherfunctions and duties as may be directed by the Executive Director.

(b) Public information and Promotion Division shall be charged with thedissemination of information, the promotion of the importance and public acceptanceof mediation, conciliation, arbitration or any combination thereof and other ADRforms as a means of achieving speedy and efficient means of resolving all disputesand to help in the promotion, development and expansion of the use of ADR.

(c) Training Division shall be charged with the formulation of effective standardsfor the training of ADR practitioners; conduct of training in accordance with suchstandards; issuance of certifications of training to ADR practitioners and ADR serviceproviders who have undergone the professional training provided by the OADR; andthe coordination of the development, implementation, monitoring and evaluation ofgovernment and private sector ADR programs.


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(d) Records and Library Division shall be charged with the establishment andmaintenance of a central repository of ADR laws, rules and regulations,

jurisprudence, books, articles, and other information about ADR in the Philippinesand elsewhere.

RULE 2 The Advisory Council

Article 2.5.Composition of the Advisory Council. There is also created an Advisory Councilcomposed of a representative from each of the following:

(a) Mediation profession;

(b) Arbitration profession;

(c) ADR organizations;

(d) IBP; and

(e) Academe.

The members of the Council, who shall be appointed by the Secretary of Justice upon therecommendation of the OADR Executive Director, shall choose a Chairman from amongthemselves.

Article 2.6.Role of the Advisory Council. The Advisory Council shall advise the ExecutiveDirector on policy, operational and other relevant matters. The Council shall meet regularly,at least once every two (2) months, or upon call by the Executive Director.

CHAPTER 3MEDIATION

RULE 1 General Provisions

Article 3.1.Scope of Application. These Rules apply to voluntary mediation, whether adhocor institutional, other than court-annexed mediation and only in default of an agreementof the parties on the applicable rules.

These Rules shall also apply to all cases pending before an administrative or quasi-judicialagency that are subsequently agreed upon by the parties to be referred to mediation.

Article 3.2.Statement of Policy. In applying and construing the provisions of these Rules,consideration must be given to the need to promote candor of parties and mediatorsthrough confidentiality of the mediation process, the policy of fostering prompt, economicaland amicable resolution of disputes in accordance with principles of integrity ofdetermination by the parties and the policy that the decision-making authority in themediation process rests with the parties.


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A party may petition a court before which an action is prematurely brought in a matter whichis the subject of a mediation agreement, if at least one party so requests, not later than thepre-trial conference or upon the request of both parties thereafter, to refer the parties tomediation in accordance with the agreement of the parties.

RULE 2- Selection of a Mediator

Article 3.3.Freedom to Select mediator. The parties have the freedom to select mediator.The parties may request the OADR to provide them with a list or roster or the resumes of itscertified mediators. The OADR may be requested to inform the mediator of his/herselection.

Article 3.4.Replacement of Mediator. If the mediator selected is unable to act as such forany reason, the parties may, upon being informed of such fact, select another mediator.

Article 3.5.Refusal or Withdrawal of Mediator. A mediator may refuse from acting as such,withdraw or may be compelled to withdraw from mediator proceedings under the following

circumstances:

(a) If any of the parties so requests the mediator to withdraw;

(b) The mediator does not have the qualifications, training and experience to enablehim/her to meet the reasonable expectations of the parties;

(c) Where the mediator's impartially is in question;

(d) If continuation of the process would violate any ethical standards;

(e) If the safety of any of the parties would be jeopardized;

(f) If the mediator is unable to provide effective services;

(g) In case of conflict of interest; and

(h) In any of the following instances, if the mediator is satisfied that:

(i) one or more of the parties is/are not acting in good faith;

(ii) the parties' agreement would be illegal or involve the commission of a

crime;

(iii) continuing the dispute resolution would give rise to an appearance ofimpropriety;

(iv) continuing with the process would cause significant harm to a non-participating person or to the public; or


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(v) continuing discussion would not be in the best interest of the parties, theirminor children or the dispute resolution process.

RULE 3 Ethical Conduct of a Mediator

Article 3.6 Competence. It is not required that a mediator shall have special qualificationsby background or profession unless the special qualifications of a mediator shall :

(a) maintain the continually upgrade his/her professional competence in mediationskills;

(b) ensure that his/her qualifications, training and experience are known to andaccepted by the parties; and

(c) serve only when his/her qualifications, training and experience enable him/her tomeet the reasonable expectations of the parties and shall not hold himself/herselfout or give the impression that he/she does not have.

Upon the request of a mediation party, an individual who is requested to serve as mediatorshall disclose his/her qualifications to mediate a dispute.

Article 3.7Impartially. A mediator shall maintain impartiality.

(a) Before accepting a mediation, an individual who is requested to serve as amediator shall:

(i) make an inquiry that is reasonable under the circumstances to determinewhether there are known facts that a reasonable individual would consider

likely to affect the impartiality of the mediator, including a financial or personalinterest in the outcome of the mediation and any existing or past relationshipwith a party of foreseeable participant in the mediation; and

(ii) disclose to the mediation parties any such fact known or learned as soonas practical before accepting a mediation.

(b) If a mediator learns any fact described in paragraph (a) of this Article afteraccepting a mediation, the mediator shall disclose it as soon as practicable to themediation parties.

Article 3.8.Confidentiality. A mediator shall keep in utmost confidence all confidentialinformation obtained in the course of the mediation process.

A mediator shall discuss issues of confidentiality and the extent of confidentiality provided inany private sessions or caucuses that the mediator holds with a party.

Article 3.9.Consent and Self-Determination. (a) A mediator shall make reasonable effortsto ensure that each party understands the nature and character of the mediation proceedingincluding private caucuses, the issues, the available options, the alternatives to non-


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settlement, and that each party is free and able to make whatever choices he/she desiresregarding participation in mediation generally and regarding specific settlement options.

If a mediator believes that a party, who is not represented by counsel, is unable tounderstand, or fully participate, the mediation proceedings for any reason, amediator may either:

(i) limit the scope of the mediation proceedings in a manner consistent withthe party's ability to participate, and/or recommend that the party obtainappropriate assistance in order to continue with the process; or

(ii) terminate the mediation proceedings.

(b) A mediator shall recognize and put in mind that the primary responsibility ofresolving a dispute and the shaping of a voluntary and uncoerced settlement restswith the parties.

Article 3.10.Separation of Mediation from Counseling and Legal Advice. (a) Except inevaluative mediation or when the parties so request, a mediator shall:

(i) refrain from giving legal or technical advice and otherwise engaging incounseling or advocacy; and

(ii) abstain from expressing his/her personal opinion on the rights and dutiesof the parties and the merits of any proposal made.

(b) Where appropriate and where either or both parties are not represented bycounsel, a mediator shall;

(i) recommend that the parties seek outside professional advice to help themmake informed decision and to understand the implication of any proposal;and

(ii) suggest that the parties seek independent legal and/or technical advicebefore a settlement agreement is signed.

(c) without the consent of al parties, and for a reasonable time under the particularcircumstance, a mediator who also practices another profession shall not establish aprofessional relationship in that other profession with one of the parties, or anyperson or entity, in a substantially and factually related matter.

Article 3.11.Charging of Fees. (a) A mediator shall fully disclose and explain to the partiesthe basis of cost, fees and charges.

(b) The mediator who withdraws from the mediation shall return to the parties anyunearned fee and unused deposit.


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(c) A mediator shall not enter into a fee agreement, which is contingent upon theresults of the mediation or the amount of the settlement.

Article 3.12Promotion of Respect and Control of Abuse of Process. The mediatorcle 3.12Promotion of Respect and Control of Abuse of Process. of the settle mentcost ablish aprofessional relationship I shall encourage mutual respect between the parties, and shalltake reasonable steps, subject to the principle of self-determination, to limit abuses of themediation process.

Article 3.13.Solicitation or Acceptance of any Gift. No mediator or any member of amediators immediate family or his/her agent shall request, solicit, receive or accept any giftor any type of compensation other than the agreed fee and expenses in connection with anymatter coming before the mediator.

RULE 4 Role of Parties and their Counsels

Article 3.14.Designation of Counsel or Any Person to Assist Mediation. Except as

otherwise provided by the ADR Act or by these Rules, a party may designate a lawyer orany other person to provide assistance in the mediation. A waiver of this right shall be madein writing by the party waiving it. A waiver of participation or legal representation may berescinded at any time.

Article 3.15.Role of Counsel. (a) The lawyer shall view his/her role in the mediation as acollaborator with the other lawyer in working together toward the common goal of helpingtheir clients resolve their differences to their mutual advantage.

(b) The lawyer shall encourage and assist his/her client to actively participate inpositive discussions and cooperate in crafting an agreement to resolve their dispute.

(c) The lawyer must assist his/her client to comprehend and appreciate themediation process and its benefits, as well as the clients greater personalresponsibility for the success of mediation in resolving the dispute.

(d) In preparing for participation in mediation, the lawyer shall confer and discusswith his/her client the following:

(i) The mediation process as essentially a negotiation between the partiesassisted by their respective lawyers, and facilitated by a mediator, stressing itits difference from litigation, its advantages and benefits, the clientsheightened role in mediation and responsibility for its success and explaining

the role of the lawyer in mediation proceedings,

(ii) The substance of the upcoming mediation such as;

(aa) The substantive issues involved in the dispute and theirprioritization in terms of importance to his/her clients real interests andneeds.


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(bb) The study of other partys position in relation to the issues with aview to understanding the underlying interests, fears, concerns andneeds;

(cc) The information or facts to be gathered or sought from the otherside or to be exchanged that are necessary for informed decision-making;

(dd) The possible options for settlement but stressing the need to beopen-minded about other possibilities; and

(ee) The best, worst and most likely alternative to a non-negotiatedsettlement.

Article 3.16.Other Matters which the Counsel shall do to Assist Mediation. The lawyer;

(a) shall give support to the mediator so that his/her client will fully understand the

rules and processes of mediation;

(b) shall impress upon his/her client the importance of speaking for himself/herselfand taking responsibility for making decisions during the negotiations within themediation process.;

(c) may ask for a recess in order to give advice or suggestions to his/her client inprivate, if he/she perceives that his/her client is unable to bargain effectively;

(d) shall assist his/her client and the mediator put in writing the terms of thesettlement agreement that the parties have entered into. That lawyers shall see to it

that the terms of the settlement agreement are not contrary to law, morals, goodcustoms, public order or public policy.

RULE 5 Conduct of Mediation

Article 3.17.Articles to be Considered in the Conduct of Mediation. (a) The mediator shallnot make untruthful or exaggerated claims about the dispute resolution process, its costsand benefits, its outcome or the mediators qualifications and abilities during the entiremediation process.

(b) The mediator shall held the parties reach a satisfactory resolution to their disputebut has no authority to impose a settleme

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