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2K views18 pagesRules of The SBEI, SBRCG, SBOC (COMELEC Resolution No. 10045)
Rules on the Constitution, Composition, Appointments of Special Board of Election Inspectors, Special Ballot Reception and Custody Group, Special Board of Canvassers and other matters related thereto in the Conduct of Voting, Counting and Canvassing of Votes
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2K views18 pagesRules of The SBEI, SBRCG, SBOC (COMELEC Resolution No. 10045)
Rules on the Constitution, Composition, Appointments of Special Board of Election Inspectors, Special Ballot Reception and Custody Group, Special Board of Canvassers and other matters related thereto in the Conduct of Voting, Counting and Canvassing of Votes
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/ 18
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tanta psi
EDUCATION 280 IMEDRHA ON Died MRAP.
RECEIVED
Republic of the Philippines
COMMISSION ON ELECTIONS
Manila
RULES ON THE CONSTITUTION, BAUTISTA, J. Andres D anes
COMPOSITION, APPOINTMENTS OF LIM, Christian Robert 8. Commissioner
PARRENO, Al A., Commissioner
SPECIAL BOARD = OF ELECTION GUIA, Luie Tito F, Commissioner
INSPECTORS, SPECIAL BALLOT GLIA. Lute’ D,, Conunissioner
RECEPTION AND CUSTODY GROUP, GUANZON, Ma.Rowena Amelia V., Commissioner
SPECIAL BOARD OF CANVASSERS, AND ABpas, shediren Comnuissioner
OTHER MATTERS RELATED THERETO IN
THE CONDUCT OF VOTING, COUNTING
AND CANVASSING OF VOTES UNDER
REPUBLIC ACT NO. 9189, OTHERWISE
KNOWN AS “THE OVERSEAS ABSENTEE
VOTING ACT OF 2003” AS AMENDED BY
REPUBLIC ACT NO. 10590 FOR PURPOSES
OF THE MAY 9, 2016 NATIONAL AND
LOCAL ELECTIONS. Promulgation: femurs 2h 206 yf )p,
sence RRA
RESOLUTION NO. 83,4 erent
Pursuant to the authority veSted in it by the Constitution, Batas Pambansa Big.
861 (Otnnibus Election Code), Republic Act No. 9189 (The Overseas Absentee Voting
Act of 2003) as amended by Republic Act No. 10590, Republic Act No. 9369 and other
election laws, the Commission on Elections (COMELEC) hereby promulgates, the
following rules on the constitution, composition, appointment of Special Board of
Election Inspectors (SBEI), Special Ballot Reception and Custody Group (SBRCG),
Special Board of Canvassers (SBOC) and other matters related thereto in the conduct of
voting counting and canvassing of votes under Republic Act No. 9189, otherwise
known as “the Overseas Absentee Voting Act of 2003” as amended by Republic Act No.
10590 for purposes of the May 9, 2016 National and Local Elections,
* Erviccet
DEFINITION OF TERMS
Section 1. Definition of terms. - As used in this General Instructions, the
following terms shall refer to:
a. Commission ~ the Commission on Elections; Department of Foreign Affairs-Overseas Voting Secretariat (DFA-OVS) —
secretariat based at the Department of Foreign Affairs (DFA) home office tasked
to assist the Office for Overseas Voting (OFOV) under the Commission, and to
direct, coordinate and oversee the pafticipation of the DFA in. the
implementation of the Overseas Voting Act of 2003, as amended;
National Registry of Overseas Voters (ROV) ~ the consolidated list prepared,
approved and maintained by the Commission. This list contains the names of
overseas voters, including those registered under Republic Act No. 8189 who
have applied to be certified as overseas voters, have been approved by the
Resident Election Registration Board, indicating the Post where the overseas
voter is registered;
Office for Overseas Voting (OFOV) - office of the Commission tasked to oversee
and supervise the effective implementation of the Overseas Voting Act of 2003 as
amende
Overseas Voter ~ a citizen of the Philippines who is qualified to register and vote
under the Overseas Voting Act of 2003, as amended, not otherwise disqualified
by law, who is abroad on the day of the elections;
Overseas Voting - the process by which qualified citizens of the Philippines
abroad exercise their right to Vote;
Overseas Voting Election Returns ~ a document showing the date of elections,
the country in which it is held, the number of overseas voters qualified to vote,
the number of overseas voters who actually voted, and the votes obtained by
each candidate in an overseas voting precinct;
+ Overseas Voting Precinct ~ groupings of overseas voters in a given country or
post designated for purposes oi voting and couttting;
Personal Voting ~ a mode of voting, where the voters personally appear to cast
their votes at the Posts or such other voting areas designated by the Commission;
Postal Voting ~ a mode of voting where mailing packets, containing the official
ballots and other election paraphernalia, are sent to the voters through the mail
or are personally delivered to at picked-up by the voters at the Post or such other
voting areas designated by the Commission; whereupon the voters either mail or
personally deliver their accomplished ballots to the Post;
- Posts - Philippine embassies, consulates, foreign service establishments and
other Philippine government agencies maintaining offices abroad, eg, the
Philippine Overseas Labor Offices (POLO), having jurisdiction over the places
where the overseas voters reside, For purposes of overseas voting, Posts shall
algo mean to include the Manila Economic & Cultural Offices (MECOs) in
Taiwan;
Representative of the Commission ~ officials and employees of the foreign
service corps, including Filipino contractual or,project term personnel that the
embassies, consulates and other foreign service establishments have hired locally
2
ob at the host country and depiiized by the Commission pursuant to the Overseas
Voting Act of 2003 as amended;
m. Special Ballot Reception and Custody Group (SBRCG) - group deputized by the
Commission to receive and take custody of all accountable and non-accountable
election forms, supplies and paraphernalia seht by the OFOV for transmittal to
the voters, SBEIs and Special Boards of Canvassers (SBOC);
n, Special Board of Canvassers (SBOC) ~ body deputized by the Commission to
conduct the consolidation and canvassing of votes;
0. Special Board of Election Inspectors (SBEI) - body deputized by the
Commission to conduct the voting and/or counting of votes.
* ARTICLEIE
SPECIAL BALLOT RECEPTION AND CUSTODY GROUP
Sec. 2. Special Ballot Reception and Custody Group (SBRCG); constitution. -
The Commission, through the Commissioner-in-tharge of OFOV, shall, upon
recommendation of the DFA-OVS, constitute in every Post, starting February 1, 2016 up
to February 14, 2016, an SBRCG, which shall be compdsed of three (3) members.
Additional SBRCG may be constituted where the number of registered overseas
voters is more than forty thousand (40,000).
Sec. 3. Qualifications of members/substitutes vf the SBRCG. ~ No person shall
be appointed as chairperson or member of the SBRCG, unless such person:
a) Is.of good moral character and irreproachable reputation;
b) Isa citizen of the Philippines residing abroad;
c) Is from among the staff of the Posts;
d) Has never been convicted of any election offense or of any other crime
punishable by more than six (6) months of imprisonment, or has no pending case
filed against him for any election offense; and
€) Isable to speak and write English or Filipino.
In case of shortage of qualified staff from the Post, citizens of the Philippines
who are qualified to register or vole under the Overseas Voting, Act of 2003, as
amended, and of known probity and competence, may be appointed as members of the
SBRCG, provided that the chairperson shall be a staff of the Post. The Head of Post shall
issue the Appointment of the Chairperson/Poll Clerk/Members/Substitutes of the
SBRCG. In case of temporary vacancy in the SBRCG, the provision in Section 13 of these
rules shall apply.
Sec. 4. Disqualification. - No relative within the fourth civil degree of
consanguinity or affinity to any member of the SBRCG or to any of the candidates.for
President, Vice President, and Senators or the candidate's spouse shall be appointed as
member of the SBRCG
Sec. 5. Notice of disqualification. - Any member of the SBRCG who is
disqualified shall, within five (5) days from knowledge of such disqualification, notify
the Head of the Post in writing. The latter, shall in turn, notify the OFOV of the
appointment of the replacement.
Sec. 6. Functions of the SBRCG. - The SBRCG shall perform the following
duties and functions:
4
a) Receive from the Commission through the OFOV, all accountable and non-
accountable election forms, supplies and paraphernalia to be used in voting,
counting and canvassing;
b) Verify the quantity and Ballot IDs of all ballots, other election paraphernalia
received, in the presence of the Head of the Post or his/her authorized
representative, watchers of political parties and representatives of the Filipino
community, if available, -»
©) Notify the OFOV within twenty-four (24) hours after verification, of the receipt
of accountable and non-accountable forms, the condition thereof and
discrepancy, if any, the quantity and serial numbers of the accountable forms;
d) Store in a secure place all forms and supplies; and
e) Perform such other duties and functions as provided under these rules or as may
be mandated by the Commission.
ARTICLE IIL
SPECIAL BOARDS OF ELECTION INSPECTORS
Sec. 7. Special Board of Election Inspectors (SBEI); constitution and
appointment. - The Commission, through the OFOV, shall, upon recommendation of
the DEA-OVS, constitute in every Post, starting February 1, 2016 up to February 14,
2016, at least one (1) SBEL, which shall be composed of three (3) members, for purposes
of voting and/or counting.
For manual elections, each SBEI for voting shall handle not more than four
thousand (4,000) voters, Additional SBEIs for counting may be constituted to handle the
manual counting of at least five hunuired (500) ballots.
For automated elections, each SBEI shall handle not more than ten thousand
(10,000) voters which is equivalent to ten (10) precincts. Bach precinct shall consist of
4
t WV Rot more than one thousand (1,000) voters. The SBE may be assisted by a support staff
as provided under Sec.15 hereof. *
The SBEI shall be composed of a Chairperson and two (2) Members who shall be
Public officers posted abroad and «leputized by the Commission, one of whom shall be
designated as Poll Clerk and the other as Third Member.
For automated elections, at least one (1) member of the SBEI shall be an
information technology-capable person duly certified by the Department of Science and
Technology (DOST).
The Head of Post shall issue the Appointments of the Chairperson/Poll
Clerk/Members/Substitutes of the SBEI/SBRCG (OVF No.5).
Sec. 8. Qualifications of members of the SBEI. - No person shall be appointed
as chairperson or member of the SBL'l, whether regular ot substitute, unless he ot she:
4) Is of good moral character ait irreproachable reputation;
b) Has never been convicted of any election offense or of any other crime
punishable by more than six (6) months of imprisonment, or has no pending case
filed against him for any election offense; and
©) Isable to speak and write English or Pilipino. «
Any career public officer posted abroad duly deputized by the Commission, as
the case may be, shall act as the chairperson. In the absence of other government
officers, the two (2) other members shall be citizens of the Philippines who are qualified
to register or vote under the Overseas Voting Act of 2003, ag amended, and deputized
by the Commission.
See. 9. Disqualification. - No person shall serve as chairperson or member of the
SBEI if such person or such person's spouse is related within the fourth civil degree of
consanguinity or affinity to any meipber of the same SBEI or to any of the candidates
for President, Vice President and/or Senator or candidate's spouse
For this purpose, the OFOV shall furnish the Post, through’the DFA-OVS, the list
of candidates for President, Vice President and/or Senator, not later than January 30,
2016, so that the members of the SBIIs will be able to know whether they are qualified
or not to accept their appointments
Sec. 10. Powers and functions of the SBEI. - The SBEI shall have the following
powers and functions:
@) For automated elections, conduct the voting in the polling place and administer
the electronic counting of voles, including the testing and sealing of the Vote
Counting Machine (VCM);
In manual elections, conduct the voting and/or counting of votes in personal
voting, and the counting of Votes in postal voting in countries where the same
has been authorized by the Commission. b) Print the election returns and transmit the election results;
©) Maintain order within the polling place and its premises; to keep access thereto
open and unobstructed, and to enforce obedience to its lawful orders.
If any person refuses to obey its lawful order, or conducts himself in a disorderly
manner in its presence or within its hearing and thereby interrupts or disturbs its
Proceeding, the SBEI may call upon the security force of the Post, if any, or its
deputized peace officer to take such person ih to custody until the adjournment
of the meeting; Provided, that such order shall not be executed as to prevent the
person from voting; and
4) Perform such other functions as may hetein after be prescribed by the
Commission.
Sec. 11. Proceedings of the SBEL - The meeting of the SBEI shall be public and
held in the polling place designated by the Commission. The SBEI shall act through its
Chairperson and shall decide, without delay, by a majority vote, any questions which
may arise in the performance of its duties.
See. 12. Notice of disqualification. - On or before April 9, 2016, any member of
the SBEI who is disqualified for any of the above reasons shall notify the Head of the
Post in writing, The latter, shall in turn, appoint a replacement from the pool of
substitutes and immediately notify the OFOV of such appointment.
ARTICLE IV
COMMON PROVISIONS
Sec. 13. Temporary vacancies in the SBEI/SBRCG. - If at the time of the meeting
of the SBEI/SBRCG, any member is absent or the position remains vacant, the members
Present shall call upon any substitute taken from the pool of substitutes, to perform the
duties of the absent member. If the substitute cannot be found, the Head of the Post
shall appoint any available official or employee of the Foreign Service corps ot non-
Partisan registered voter not otherwise disqualified to temporarily fill said vacancy
until the absent member appears or the vacancy is filled
The fact of substitution shall be entered in Part V of the Minutes of Voting (OVF
No.11).
For this purpose, the Posts shall constitute a pool of substitutes for the
SBEI/SBRCG which will likewise be deputized by the Commission
Sec. 14. Oath of members of the SBE/SBRCG. - The members of the
SBEI/SBRCG shall, before assuming their office, take an oath before an officer
authorized to administer oath, in the absence thereof, before any other member of the
SBEI/SBRCG present or, in case no other member is present, before any overseas voter.
The accomplished Oaths of SBEI/SBRCG shall be submitted to the SBRCG.
Sec. 15. Support Staff. - For automated elections, during rest days and declared
holidays in the host countries where the turn-out of voters at the polling places is
expected to be heavy, each SBEI shall be assisted by three (3) support staff who shall be
3
6
Y Kazakhstan
Mongolia
Macau
Taipei - MECO
Kaohsiung MECO,
Taichung MECO
__ Hong Kong SAR
Australia
Sydney Zz
4 Canberra, Australia New Caledonia
= Vanuatu
5 ae eae Be of Peoples Republic of Bangladesh
6 | Dili, Timor-Leste ‘Timor-Leste
a = Socialist Republic of Vietnam
7 | Hanoi, Socialist Republic of Vietnam Maldives
ee a i Lanka
8 Islamabad, Pakistan Pakistan
Republic of Indonesia (Jakarta)
9 Jakarta, Republic of Indonesia Reeabli Sf Widarvaia(Marado)
10 Kuala Lumpur, Malaysia Malaysia
India
1 New Delhi, India ee Bhutan
z ____ Nepal
2 eee Ceres ct Kingdom of Cambodia
‘. + Papua New Guinea
13. | Port Moresby, Papua New Guinea Kiribati
Solomon Islands
14 | Seoul, Republic of Korea a Republic of Korea
15_|- Singapore, Republic of Singapore Republic of Singapore
Japan
16 Tokyo, Japan eae as
17 | Vientiane, a ae eget Lao Peoples Democratic Republic
_ New Zealand
Cook Islands
18 Wellington, New Zealand
i Tonga a
19 Yangon, Union of Myanmar Union of Myanmar
- + Turke
20 Ankara, Turkey Azerbaijan
i Georgia
Greece
21 Athens, Greece Cyprus
Macedonia
22_| Berlin, Federal Republic of Germany Federal Republic of Germany designated not later than March 31, 2016 by the Head of the Post from among the
personnel of the Post or government agencies malntaining offices abroad or in their
absence or non-availability, from among the membets of the Filipino Community.
‘The support staff shall perform the following duties and functions:
a) Assist the SBEI in the planning, organizing, setting-up and supervising the
"Voters! Assistance Center" at the voting center;
b) Assist voters in locating their polling places/precinct assignments;
©) . Assist in the crowd coritrol/management at the entrance of polling places;
and
@) Perform such other functions as may be directed by the SBEI.
Support staff must not be related within the fourth civil degree of consanguinity
or affinity to any member of the same SBEI where they will be assigned or to any of the
candidates for President, Vice-President and Senators.
Sec. 16. VCM Technical Support personnel. - For automated elections, the Head
of Post shall designate, not later than March 31, 2016, at least one (1) technical support
personnel. The technical support personnel shall:
a) Address and monitor the activities of the VCM;
b) Report to the National Technical Support Center on possible contingencies
that may arise before, during and after the election period;
©) Perform such other functions as may be directed by the Commission, through
the Head of Post.
ARTICLE V
SPECIAL BOARD OF CANVASSERS
Sec. 17. Special Board of Canvassers; constltution and appointment. - The
Commission, through the OFOV, shall, from Februgry 1, 2016 to February 14, 2016,
constitute in the following Posts, one (1) Special Board of Canvassers (SBOC) to canvass
and/or consolidate the Overseas Election Returns (ERs) containing the results from
countries and territories under tfieir. consular jurisdictions, and to prepare the
ing Overseas Certificate of Canvass (COC) as follows:
Post/SBOC Countty/Territoty/Post under jurisdiction
Bandar Seri Begawan, Brunei -
1 Brunei Darussalam
Darussalam
2 | Bangkok, Kingdom of Thailand Kingdom of Thailand
Peoplés Republic of China
: Hong Kong, SAR Guangzhou
Peoples Republic of China — aanghat
Xiamen _
oe 2 ‘i ‘Chongqing Berne, Switzerland
Switzerland
Geneva
Liechtenstein
24
Brussels, Belgium
Belgium
Luxembourg
Budapest, Hungary
q lungary
Bulgaria
Romania
Yugoslavia
Republic of Serbia
26
Holy See, Vatican City State
Vatican City State (Holy See)
27
Lisbon, Portugal
Portugal
London, United Kingdom of Great
Britain
United Kingdom of Great Britain
Greenland
Ireland,
29
Madrid, Spain
Spain
Andorra
~ Morocco
Moscow, Russian Federation
Russian Federation
Afghanistan
