EPURL GF Te PLONE NON ELECTIONS NU EDUCATION AUD INEDIRNASION DEPARTMENT RECEIVED Mi By: ted (FTE: TIMF’ Republic of the Philippines COMMISSION ON ELECTIONS Intramuros, Manila IN THE MATTER OF AMENDING _ Bautista, J.A.D,, Chairman SECTIONS 6 AND 12 OF Lim,CRS, Commissioner RESOLUTION NO. 10088'. Parrefio, A.A., Commissioner Guia, L.L.F., Commissioner Lim, A.D., Commissioner Guanzon, M.R.A.V., Commissioner Abas, $.M., Commissioner Promulgated: tay 2: 2016 10117 ¢ RESOLUTION NO. a an WHEREAS, on 11 February 2016, the Commission En Banc promulgated Resolution No. 100572, which prescribed the general instructions for the Board of Election Inspectors (BEIs) on the conduct of election activities such as testing and sealing of vote counting machines (VCMs), voting, among others in connection with the 9 May 2016 National and Local Elections; WHEREAS, on 12 April 2016, the Commission En Banc promulgated Resolution No. 10088 amending certain provisions of Resolution No. 10057; WHEREAS, there is a need to further amend Sections 6 and 12 of Resolution No. 10088 for the greater enfranchisement of voters and to safeguard the smooth flow of the voting process. ' AMENDING CERTAIN PROVISIONS OF RESOLUTION NO, 10057 DATED FEBRUARY 11, 2016 OR OTHERWISE KNOWN AS THE GENERAL INSTRUCTIONS FOR THE BOARDS OF ELECTION INSPECTORS (BEI) ON THE TESTING AND SEALING OF VOTE COUNTING MACHINES (VCMs), AND VOTING, COUNTING AND TRANSMISSION OF ELECTION RESULTS IN CONNECTION WITH THE 09 MAY 2016 NATIONAL AND LOCAL ELECTIONS. 2 GENERAL INSTRUCTIONS FOR THE BOARDS OF ELECTION INSPECTORS (BEI) ON THE TESTING AND SEALING OF VOTE COUNTING MACHINES (VCMs), AND VOTING, COUNTING AND TRANSMISSION OF ELECTION RESULTS IN CONNECTION WITH THE 09) MAY 2016 NATIONAL AND LOCAL ELECTIONS, Page 1 of 5NOW, THEREFORE, the Commission En Banc by virtue of the 1987 Constitution, the Omnibus Election Code, and other election laws, hereby RESOLVES to further AMEND said Sections to read as follows: “SECTION 6. Section 40 of Resolution No. 10057 is hereby amended to read as follows: “SEC. 40. Manner of voting. - a) The voter shall: 1. Upon receipt of the ballot, make sure that the ballot is free of any foreign ink marks, smudges, tears, and tears on the timing marks; 2. Using the ballot secrecy folder and marking, pen provided by the Commission, accomplish the ballot by fully shading the circle beside the names of the candidates and the organization participating in the party-list system of representation; and 3. After accomplishing the ballot, insert his/her ballot in the VCM's ballot entry slot, after which the voter shall return the ballot secrecy folder and marking pen to the third member; i The VCM will display the ~— message —- “PROCESSING. .../ PAKIHINTAY...KASALUKUYANG PINOPROSESO.” ii, The VCM will flash some of the names of candidates voted for. It will then display the message, ‘THE VOTING EXPERIENCE TIMEOUT HAS EXPIRED/ANG NAKALAAN NA ORAS PARA SA PAGBOBOTO AY NAKALIPAS NA.” iii, ‘Thereafter the ballot shall automatically drop inside the ballot box. The VCM will then display the message - “YOUR VOTE HAS BEEN CAST/ ANG IYONG BOTO AY NAISAMA NA. YOUR VOTE RECEIPT IS BEING PRINTED/ ANG RESIBO NG IYONG BOTO AY PINE-PRINT” and a receipt will be printed; b) The third member/support staff shall stand beside the VCM without being able to view the screen, but near enough to be able to perform the following: 1. Monitor the VCM screen to ensure that the ballot is successfully accepted and the receipt is printed. Every time the end-of-roil color indicator appears, the third member shall replace the thermal paper. " Page 2 of 52. Fold the receipt in such a way that its contents cannot be seen and then cut the end of the receipt using non-pointed scissors; 3. Apply indelible ink to the voter’s right forefinger nail or any other nail if there be no forefinger nail, and hand the receipt to the voter; ‘The BEI shall ensure that only the voter can read the receipt and advice the voter that bringing the receipt outside the polling place is illegal. For this purpose, the black box containing the Official Ballots shall serve as the Voter’s Receipt Receptacle which shall be placed in an area visible to the third member/support staff/citizens arm member and watchers. The BEI shall ensure that all Official Ballots are removed from the black box before the same is used as a Voter's Receipt Receptacle 4, Instruct the voter to go near the Voter's Receipt Receptacle located beside the VCM to verify his or her votes as appearing on the receipt, drop the same in the Voter's Receipt Receptacle and leave the polling place. In case an objection is raised by the voter on the way the VCM read his/her ballot: i. Instruct the voter to affix his signature at the back of the Voter's Receipt; ii, Note the specific objection in the Minutes; iii, Attach the Voter's Receipt to the Minutes (copy for the Ballot Box). However, this is without prejudice to the filing of an election offense against any person for violation of Section 261 (z) (11) of the Omnibus Election Code, herein quoted below: e) “Section 261 of B.P. Blg. 881. Prohibited Acts. - The following shall be guilty of an election offense: (2) On voting: (11) Any person who, for the purpose of disrupting or obstructing the election process or causing confusion among the voters, propagates false and alarming reports or information or transmits or circulates false orders, directives or messages regarding any matter relating to the printing of official ballots, the postponement of the election, the transfer of polling place or the general conduct of the election.” At the close of polls, the BEI shall seal the Voter's Receipt Receptacle with packaging tape. The BEI members shall affix names and signatures on the tape. The BEI shall also require the watchers present to affix their names and signatures. The BEI shall then place the Voter's Receipt Receptacle inside the ballot box, if the latter can accommodate the receptacle. as Page3 of 5The above procedures, except b (3) and (5) shall be applicable during Final Testing and Sealing. During FTS, the BEI shall instruct the voter to verify the votes as appearing on the receipt and place the receipt in the Envelope for Counted Ballots which shall be turned over to the Election Officer as provided in Section 36.” “SECTION 12. Section 42 of Resolution No. 10057 is hereby amended to read as follows: SEC. 42, Rejected Ballots; Procedure. - In case ballots are rejected by the VCM during the scanning, the BEI shall allow the voter to re-feed the ballot four (4) times in four (4) different orientations. If after four (4) tries the ballot is still rejected, the BEI, by majority vote, shall determine whether or not the voter purposely defaced the ballot or committed any act as would render the ballot to be rejected by the vcM. a) If the voter did not purposely deface the ballot or committed any act as would render the ballot to be rejected by the VCM, he shall be entitled to a replacement ballot. Only one replacement ballot shall be issued to a voter. The Chairman of the concerned BEI, before giving the replacement ballot to the voter, shall: 1. Distinctly mark the ballot to be replaced with the words “REJECTED WITH REPLACEMENT”; 2. Require all members of the BEI to sign at the back thereof; 3. Make sure that the ballot is free of any foreign ink marks, smudges, tears, and tears on the timing marks; and 4. Instruct the voter as to how the ballot should be handled. b,) If the voter purposely defaced the ballot or committed any act as would render the ballot to be rejected by the VCM, he shall not be entitled to a replacement ballot and the ballot shall be returned to the chairman of the BEI who shall: 1. Distinctly mark the back thereof as REJECTED; 2. Require all members of the BEI to sign at the back thereof; and 3. Place the rejected ballot inside the Envelope for Rejected Ballots; ‘The determination by the majority members of the BEI shall be final. aC Page 4 of 510117 c) All incidents pertaining to the rejection of ballots and the procedures taken thereon shall be recorded in the Minutes. . This Resolution shali take effect insedistely after its publication in two daily newspapers of general circulation in the Philippines. Let the Education and Information Department cause the publication of this Resolution in two daily newspapers of general circulation in the Philippines and furnish copies of this Resolution to all field officials of the Commission. SO ORDERED. A qa J. ANDRYS D. BAUTISTA oS ° Chairman No far. ¢ a ZesolS in (pulltd fephanb/friselme pe i ot ft CHRISTIAN ROBERT S. LIM, AL A. PARRENO Commissioner cee Creation : ais ee ‘4 F.GUIA . LIM issioner Commissioner Diccentel in baled mplacmat/ eof MA. Rj IN ‘LIA V. GUANZON SHERIFF M. ABAS Commissioner — “Commissioner of Page 5 of 5