ePeHL CH A PRIPPRES OW ELECTIONS, AIO 8AM LEO HOK THEN DEPART MENL RECEIVED °* we 2B 8 REPUBLIC OF THE PHILIPPING@S! COMMISSION ON ELECTIONS Intramuros, Manila EN BANC RULE ON THE ENACTMENT AND LIM,CRS. Acting Chairman PROMULGATION OF PARRENO, A.A. Commissioner EXECUTIVE OR GUIA, LL.B. Commissioner ADMINISTRATIVE LIM, A.D. Commissioner RESOLUTIONS. x Promulgated: March 25,2015 A RESOLUTION NO. __ 9236, ¢,, f' WHEREAS, Section 7, Article IX-A of the Constitution requires the Commission to decide by a majority vote of all its members any case or matter brought before it; WHEREAS, the protocol adopted by the Commission in the enactment, signing, ratification, or promulgation of resolutions for matters falling within its quasi-judicial or administrative functions are the same; WHEREAS, the continued application of similar procedures causes needless delay in the discharge and implementation of the Commission’s executive or administrative functions, particularly when one or more Commissioners are on leave or absent due to official business; and WHEREAS, the exigencies of the service require the adoption of a separate set of rules applicable to actions taken on executive or administrative matters in order to promote simplicity, economy, and efficiency, and to reduce unnecessary delay especially in critical and vital issues or concerns that require immediate action by the Commission En Banc. NOW THEREFORE, after due deliberation, the Commission En Banc, by virtue of the powers vested in it by the Constitution, theResolution No. 9936 _ Page 2 of 6 Omnibus Election Code, the Administrative Code of 1987, and other relevant statutes, hereby RESOLVES to ISSUE and ADOPT the following rules: SECTION 1. Scope.—These rules shall govern the enactment and promulgation of resolutions coverin, ig matters, issues, or concerns falling within the executive or administrative functions of the Commission. Resolutions promulgated by the Commission En Banc or by any of its Divisions in the exercise of the Commission's quasi-judicial functions under Section 2 (2), Article IX-C of the Constitution, election offense cases filed with the Commission, and the registration and accreditation of political parties and party-list groups and organizations, shall continue to be governed by the Commission’s 1993 Rules of Procedure, as amended. SECTION 2. Validity; Quorum.—(1) A decision or resolution on an executive or administrative matter, issue, or concern shall be valid when the action taken is approved, ratified, confirmed, or concurred in by a majority of all the members of the Commission present at a meeting at which there is a quorum. (2) A quorum is determined by the presence of the majority of the members of the Commission with existing and valid appointments. (3) Formal promulgation requiring the signature of all the members of the Commission En Bane shall not be required for the validity of the action taken or to proceed with the implementation or execution of the same, provided the requisite number of votes pursuant to the preceding paragraph are met and the same is duly recorded in the minutes of meeting of the Commission En Banc. SECTION 3. Agenda of the Commission En Banc.—(1) Any administrative matter, issue, or concern for the consideration of, or requiring action by, the Commission En Banc shall be included in its agenda, which shall be prepared by the Commission Secretary or his or her duly authorized representative and distributed to the members of the Commission En Banc prior to the meeting or session. (2) The Commission Secretary or his or her duly authorized representative shall prepare a supplementary agenda for urgent9936 Resolution No. uf Page 3 of 6 administrative matters, issues, or concerns not included in the distributed agenda but discussed and deliberated upon by the members of the Commission En Banc during the meeting or session. SECTION 4. Inclusion of Matlers in the Agenda of the Commission En Banc.—(1) Any matter, issue, or concern for the consideration of, or requiring action by, the Commission En Banc shall be sent to the Commission Secretary or his or her duly authorized representative personally or through an official COMELEC e-mail address created specifically for this purpose. (2) Except matters requiring urgent or immediate action by the Commission En Banc, any matter, issue, or concern not sent within one (1) hour prior to any Commission En Banc meeting or session shall be included in the agenda for the next meeting or session. (3) Letters, memoranda, or other transmittal letters forwarded to the Commission En Banc for inclusion in the agenda should contain the requested action to be taken and a recommendation from the Executive Director, the Deputy Executive Director for Operations, the Deputy Executive Director for Administration, and the respective heads or chairpersons of the various departments or committees concerned, as the case may be. (4) All matters, issues, or concerns may be forwarded to the Commission En Banc through the Chairman, the Commissioners, the Executive Director, the Deputy Executive Director for Operations, the Deputy Executive Director for Administration, the respective heads or chairpersons of the various departments or committees concerned, or their authorized representatives, SECTION 5. Casting of voles.—(A) A member of the Commission need not be physically present during a meeting or session to cast a vote on any administrative matter, issue, or concern on the agenda. (B) A member may cast his or her vote: (1) orally or in writing, during the meeting or session; or (2) by submitting a memorandum or note indicating the same prior to or immediately after the meeting or session.Resolution No. 9936 Page 4 of 6 SECTION 6. Record of Actions Taken.—All actions taken by the Commission En Banc shall be recorded on the agenda by the Commission Secretary or his or her duly authorized representative. The agenda containing a record of all such actions taken by the Commission En Banc shall be certified true and correct by the Commission Secretary or his or her duly authorized representative, and signed or verified by the Chairman, Acting Chairman, or the designated Presiding Officer. SECTION 7. Presumptions on Voting.—(A) A member is conclusively presumed to have acquiesced by silence in the action taken for an item on the agenda provided he or she is present during the meeting or session and does not register his or her objection or dissent when the matter, issue, or concern is taken up (B) The members of the Commission En Banc are presumed to have unanimously concurred in the action taken as recorded by the Commission Secretary or by his or her duly authorized representative, unless otherwise indicated: (1) in the agenda, (2) in the resolution issued for the purpose, or (3) in a memorandum annexed to any of the foregoing. SECTION 8. Form of Resolution.—A resolution covering all the matters discussed or deliberated upon by the Commission En Banc in a meeting or session shall contain: (1) The date of the meeting or session; (2) The attendance record of the members of the Commission En Banc for that meeting or session; (3) An index of all the items, matters, issues, or concerns taken up; (4) The action taken by the Commission for each of the items on the agenda, which shall be printed or written thereon; (6) Reference or control numbers for the separate resolutions for matters falling within Section 9 (A); (6) Changes or modifications made for each of the items on the agenda, if any; (7) _ Dissenting votes for each of the items on the agenda by any of the members of the Commission, if any; andResolution No.__9936 Page 5 of 6 (8) The certification and verification required under Section 6, SECTION 9. When Separate Resolution Necessary. — (A) A separate resolution shall be necessary for the following subjects: (1) Cases involving disciplinary action; (2) Disbursements in excess of PHP 50,000.00; (3) Matters involving the procurement and allocation of supplies; (4) Matters requiring publication; (5) Matters establishing or changing policy; and (6) Election matters. (B) The separate resolution shall indicate the subject matter as appearing on the agenda, and shall require the signature of a majority of the members of the Commission En Banc. The separate resolution shall likewise indicate the date of the meeting or session during which the subject matter was discussed or deliberated and the attendance record of the members of the Commission En Banc for that meeting or session. SECTION 10. Proof of Enactment, Promulgation, or Action Taken by the Commission. —A resolution on an administrative matter, issue, or concern shall be deemed approved, ratified, or promulgated upon the issuance of a resolution containing a majority vote of the members of the Commission En Banc, or in the manner provided by these rules. Secondary evidence proving or establishing the action taken by the Commission on any administrative matter brought before it shall consist of, but not limited to, the agenda of the Commission En Banc during which the said matter had been taken up, audio or video recordings of that meeting or its duly certified transcript, or testimonial accounts of what transpired during that meeting. SECTION 11. Inplementation.—The Office of the Commission Secretary is hereby directed to implement this Resolution, provided, that the Information Technology Department shall facilitate the creation or setting up of the official e-mail address required in Section 4(1).Resolution No. 9936 _ Page 6 of 6 SECTION 12. Repealing Clause.—The provisions of Resolution No. 7808 and all other resolutions, issuances, orders, or instructions, are hereby repealed or amended insofar as they are inconsistent with the provisions of this Resolution. SECTION 13. Separability Clause.—If, for any reason or reasons, any part or provision of this Resolution shall be held to be unconstitutional or invalid, other parts or provisions hereof which are not affected thereby shall continue to be in full force and effect SECTION 14. Effectivity.—This Resolution shall take effect immediately after its publication, For this purpose, the Education and Information Department shall cause the publication of this Resolution in two (2) daily newspapers of general circulation. SO ORDERED. Cp itta . CHRISTI WY 3+ TS, LIM Acung, Caurman ALA. a he AA F.GUIA lonunissioner ‘onifnissioner ARTHUR D. LIM Commissioner 4