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1K views28 pagesComelec Resolution No. 10884
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© © All Rights Reserved
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/ 28
Republic of the Philippines
COMMISSION ON ELECTIONS
Manila
Office of the COMELEC Secreta
TP ee a
Te ich ieoes. * Ih
Nowe cll
See Ste:
MEMORANDUM NO. 230109
Of OMMISSION Om ET
pt Pyssoner a
‘CTTONS
FOR: COMMISSIONER REY E. BULAY ” £-Bulay
Commissioner In Charge, 2023 BSKE
fatrina
ne OT
DIRECTOR TEOPISTO E. ELNAS, JR.
wun Executive Director ~
IRECTOR RAFAEL B. OLANO
eputy Executive Director for Operations
DIRECTOR DIVINA E. BLAS-PEREZ
Election and Barangay Affairs Department Cc. [roe
COMMISSION
‘Orece na eee DIRECTOR JOHN REX C. LAU!
Education and Information Dep:
|EREAMISSION ON ELECTIONS
Finance Services Department
DIRECTOR JEANNIE V. FLORORITA “fe CEIVED
Information Technology Department —o'ite bi the Director WV
or AGN tone, EL | cate me: _ 050M
DIRECTOR MARTIN B. NIEDO_* —
Zichicn brecTions Finance Services Department
HON DEPARTHAERECTOR ALLEN FRANCIS B. ABAYA
E!V ED Electoral Contests Adjudication Department
‘ICES OF REGIONAL ELECTION DIRECTOR
REQUEST FOR PUBLICATION IN NEWSPAPERS OF
GENERAL CIRCULATION AND POSTING IN THE
COMELEC WEBSITE
DATE: January 31, 2023
x
Requesting publication in newspapers of general circulation and
Posting in the COMELEC Website.
[Reference | Formal | Peer reece eeebeloh
| No. | Resolution | Title Promulgation |
| No. | |
JIN THE MATTER OF THE GUIDELINES | 2 -
bs AND DEADLINE IN THE SUBMISSION JANUARY 25, |
paenetea ea) eaiaceee A REQUEST FOR 2023 |
| _| TRANSFER/CHANGE/CORRECTION OF | a Page’? of 2 RESO NO. 10884
"| NAME/ADDRESS OF VOTING CENTER
| IN CONNECTION WITH THE |
| OCTOBER 30, 2023 BARANGAY AND
SANGGUNIANG KABATAAN
| ELECTIONS (2023 BSKE), MAY 12,|
2025 NATIONAL, AND LOCAL
ELECTIONS (2023 NLE) AND THE
SUCCEEDING ELECTIONS.
For your information/guidance and appropriate action. Thank
you.
CONSUELO B. DIOLA
Director IV
CC. Chairman
All Commissioners
1) Subject to Resolution No. 2048-A, promulgated on July 1, 1993, deemed confidential and no
access therein by the public is authorized.
2) “All authorized recipients of any personal data, personal information, privileged information and
sensitive personal information contained in this document, including’ other pertinent documents
attached thereto that are shared by the Commission on Elections in compliance with existing laws and
rules, and in conformity with the Data Privacy Act of 2012(R.A. No. 10173) and. its
Implementing Rules and Regulations, as well as the pertinent Circulars of the National
Privacy Commission, are similarly bound to comply with the said laws, rules and regulations
relating to data privacy, security, confidentiality, protection and accountability.” Republic of the Philippines
COMMISSION ON ELECTIONS
Intramuros, Manila
IN ‘THE MATTER OF ‘THE GARCIA, George Erwin M. Chairman
GUIDELINES AND DEADLINE IN THE INTING. Soco:so 3. Serenisiee
SUBMISSION OF A REQUEST FOR fieouiNo. Ais? Commissioner
TRANSFER/CHANGE/CORRECTION BULAY, Rey E. Commissioner
OF SAME) ADD SOF VOTING MACEDA, Ernesto Ferdinand, P. Jr. Commissioner
CENTER IN CONNECTION WITH THE = ces, Nelson J. Commissioner
OCTOBER 30, 2023 BARANGAY AND
SANGGUNIANG KABATAAN
ELECTIONS (2023 BSKE), MAY 12,
2025 NATIONAL, AND LOCAL
ELECTIONS (2025 NLE) AND THE
SUCCEEDING ELECTIONS.
Promulgated: January 25, 2023
10884
RESOLUTION NO. |
WHEREAS, Article 1X (C), Section 2 (3) of the 1987 Philippine Constitution
states that the Commission on Elections (Commission for brevity] has the power
and function to decide, except those involving the right to vote, all questions
affecting clections, including the determination of the number and location
of polling places, appointment of election officials and inspectors and
registration of voters;
WHEREAS, Section 3 (1) and (m) of Rep. Act No. 8189! define polling place
as the place where the Board of Election Inspectors (now Electoral Boards under
Republic Act No. 10756) conducts its proceeding and where the voters cast their
votes and voting center as the building or place where the polling place is
located, respectively;
WHEREAS, primary among the constitutional functions of the
Commission is to avoid disenfranchisement of voters. And onc way of doing this
is to ensure that the Project of Precincts (POPs) will provide the correct
names and addresses of voting centers where voters can freely, conveniently
and safely exercise their rights to vote on election day;
[RBGISTRATION, PRESCRIBING THE PROCEDURES THEREOF AND AUTHORIZING Till APPROPRIATION OF FUNDS
‘THEREFOR
1 AN ACT RENDERING LECTION SERVICE NON.COMPULSORY FOR PUBLIC SCHOOL TACHERS, AUTHORIZING
‘THE APPOINTMENT OF OT!ER QUALIFIED CITIZENS, PROVIDING FOR COMPENSATION AND OTHER BENEFITS.
ad WHEREAS, in view of the still on-going global COVID-19 pandemic, it is
imperative that all voting centers in the upcoming 2023 BSKE and 2025 NLE are
not only existing and available but are also structurally compliant with the IATF
health and safety protocols, foremost of which is the minimum one (1) meter
physical or social distancing;
WHEREAS, the final POPs shall be prepared and submitted by the Office
of the Election Officer (OEO) of each district/city/municipality after the last
Election Registration Board (ERB) hearing set by the Commission for the 2023
BSKE, 2025 NLE and the succeeding elections. The POP shall contain the total
number of barangays, established precincts, and clustered precincts, voting
centers and voters, to be known collectively under this Resolution as “electoral
data”. Such data shall be necessary for the printing and/or allocation of official
ballots, election returns, other election forms, supplies, and paraphernalia and
ballot boxes. It shall also be the basis in determining the number of Members of
Electoral Boards (EBs), Department of Education Supervisor Officials (DESOs),
their respective Support Staff, and Members of
Barangay /District/City/Municipal/Provincial/Regional Board of Canvassers
(BOCs) to be constituted and appointed;
WHEREAS, Section 29° of Republic Act No. 66464, as reiterated in Section
285 of Republic Act No. 8436 authorizes the Commission to fix other dates for
pre-election activities, which include, among others, the deadline for the
submission of requests for transfer/change/correction of names/addresses of
voting centers; and
WHEREAS, it is imperative to adopt Resolution No. 108247, promulgated
on July 27, 2022, with necessary amendments to make it more responsive to the
changing needs of the time.
NOW, THEREFORE, by the virtue of the powers vested upon it by the 1987
Philippine Constitution, Batas Pambansa Bilang 881, Republic Act Nos. 8189,
6046, 8436, and other election laws, the Commission En Banc RESOLVED, as
it hereby RESOLVES, to promulgate the following guidelines in the submission
of request for transfer/change/correction of name/address of voting center for
purposes of the 2023 BSKE, 2025 NLE and the succeeding elections:
ARTICLE I
REQUEST FOR TRANSFER/CHANGE/CORRECTION OF NAME/ADDRESS
OF VOTING CENTER FOR THE 2023 BSKE, 2025 NLE AND THE
SUCCEEDING ELECTIONS
» Section 29. Designation of Other Dates for certain Preelection Acts. - If it should no longer be reasonably
‘possible to observe the periods and dates prescribed by law for certain pre-election acts, the Commission shall
‘ix other periods and dates in order to ensure accomplishment of the aetieities 20 voters shall not be deprived
of their right of suffrage -
« Section 28, Designation of other dates for certain pre-election acte. If it shall no longer be reasonably possible
to observe the periods and dates prescribed by law Jor certain pre-election acts, the Commission shall fix other
periods and dates in order to ensure accomplishment of the dctivkties £0 voters shall not be deprived of their
‘AN ACT AUTHORIZING THE COMMISSION ON ELECTIONS TO USE AN AUTOMATED ELECTION SYSTEM IN THE
MAY 11, 1998 NATIONAL OR LOCAL ELECTIONS AND IN SUBSEQUENT NATIONAL AND LOCAL ELECTORAL
EXERCISES, PROVIDING FUNDS THEREFOR AND FOR OTHER PURPOSES.
IN THE MATTER OF THE GUIDELINES AND DEADLINE IN THE SUBMISSION OF A REQUEST FOR
‘TRANSPER/CHANGE/CORRECTION OF NAME/ADDRESS OF VOTING CENTER IN CONNECTION WITH THE OCTOBER
30, 2023 BARANGAY AND SANGGUNIANG KABATAAN ELECTIONS (2023 BSKE), MAY 12, 2025 NATIONAL, AND
LOCAL ELECTIONS (2025 NLE) AND THE SUCCEEDING ELECTIONS
21 SECTION 1. MANDATORY OCULAR INSPECTION OF VOTING CENTERS.
- All OEOs are mandated under Section 163%, Batas Pambansa Bilang 881, to
conduct ocular inspection of all voting centers within their respective
jurisdictions within a reasonable period of time prior to registration and
elections, to determine whether or not they are structurally suitable and/or
compliant with the legal requirements as well as if there are any defects in the
structure or omissions in their names/addresses. Thereafter, make the
necessary correction by submitting a request for transfer of voting center or
change/correction of name/address of voting center, whichever is applicable.
OCULAR INSPECTION OF VOTING CENTERS SHALL BE CONDUCTED
NOT LATER THAN AUGUST 15, 2023 FOR THE 2023 BSKE OR AUGUST 29,
2024 FOR THE 2025 NLE. A report on the result of ocular inspection shall be
submitted to the Election and Barangay Affairs Department (EBAD) within two
(2) days from the dates herein provided.
The periods for the conduct of ocular inspection for the subsequent
elections and submission of reports thereon shall be provided in Resolutions to
be promulgated for said elections.
SECTION 2. MODES AND REQUIREMENTS FOR TRANSFER OF VOTING
CENTER. - Request for transfer of voting center shall comply with the
requirements of any of the following modes:
A. Through the Petition of Voters:
1. A petition for transfer of voting center attached to the PCVL where
the signatures of, at least, the majority of the affected voters by
precinct is affixed. The PCVL to be used shall be based on the
immediately preceding elections, whether postponed or not. The
petition must state the present and proposed voting centers;
2. A certification of the Election Officer (EO), stating the authenticity
or genuineness of the signatures appearing in the PCVL. A matrix
containing the total number of: a) voters with signatures; and
b) voters whose signatures are found authentic or genuine MUST
be appended to the certification;
3. A certification of ocular inspection of the EO, stating that he/she
conducted ocular inspection of the proposed voting center and found
the same accessible and has sufficient space to accommodate the
affected voters and that it is equipped with necessary facilities for
the conduct of electoral activities. The certification must also
provide the estimated distance between the present and
proposed voting centers and between the residences of the
affected voters and the proposed voting center. Photos of ocular
inspection must also be attached to the certification; and
4. A certification of the principal/other responsible officer of the
Department of Education (DepEd) (in case of a public school
building), manager/administrator (in case of other public building)
* See. 163. Inspection of poling places. - Before the day ofthe election, referendum or plebiseite, the Chairman of the
Commission shal, trough its
fond "defects ax may. be
tives, see tot that all poling places are inspected an such omissions
¢ Commission shall keep the reports on these inspections
31 or the owner/manager/administrator /any person acting in behalf of
the owner (in case of a private building/structure), signifying
his/her consent for the use of the proposed building/structure as
voting center.
B. Through the Agreement of Political Parties:
1. A Memorandum of Agreement (MOA) of alll registered political parties
in the locality, entered into by and between their duly authorized
representatives, stating the request for the transfer of voting center,
the present and proposed voting centers and the reason/s for the
transfer;
2. A certification of the BO, stating that the political parties
represented in the MOA are the only political parties in his/her area
of jurisdiction during the immediately preceding NLE. If there is only
one (1) political party during the past election, this mode cannot be
sed since one (1) political party cannot alone enter into a MOA. An
independent candidate shall not be considered as a political party
for the purpose of the MOA;
3.8 certification of the respective heads
(city/ provincial /regional/ national) of political parties participating
in the MOA, stating that their signatories have been duly authorized
to enter in said MOA in behalf of the parties. A signatory’s Certificate
of Nomination and Acceptance (CONA), if any, in the custody of the
OEO shall suffice for this purpose;
4. A certification of ocular inspection of the EO, stating that he/she
conducted ocular inspection of the proposed voting center and found
the same accessible and has sufficient space to accommodate the
affected voters and that, it is equipped with necessary facilities for
the conduct of electoral activities. The certification must also
provide the estimated distance between the present and
Proposed voting centers and between the residences of the
affected voters and the proposed voting center. Photos of ocular
inspection must also be attached to the certification; and
5. A certification of the principal /other responsible officer of the DepEd
(in case of a public school building), manager/administrator (in case
of other public building) or the owner/manager/administrator or
any person acting in behalf of the owner (in case of a private
building/structure}, signifying his/her consent for the use of the
proposed building/structure as voting center,
SECTION 3. APPROVAL OR DENIAL OF A REQUEST FOR TRANSFER OF
VOTING CENTER UPON RESOLUTION OF THE COMMISSION, - The following
requests for transfer of voting centers shall be submitted directly to the
Commission En Banc for its consideration.
at
a. Request for transfer of voting center (including request for reversion of
voting center to its original location) with opposition. The request shall
fall within the ambit of the authority of the Special Panel of Lawyers created pursuant to Minute Resolution (MR) No. 21-0498" dated July
28, 2021; and
b, Request submitted by members of the PNP/AFP, involving an area with
volatile peace and order situation, which shall be coursed through the
Offices of the Executive Director (OED) and the Deputy Executive
Director for Operations (ODEDO}, unless said requests fall in letter a
hereof.
SECTION 4. REQUEST FOR TRANSFER OF VOTING CENTER WITH
ADMINISTRATIVE TRANSFER OF VOTERS. - If a request for transfer of voting
center involves administrative transfer of voters, the request shall proceed only
after the process of administrative transfer of voters has been effected.
Administrative transfer is the process of correcting the precinct
assignment of a voter in the local database of the OEO. For the purpose, the
guidelines provided for in the EBAD Memorandum dated November 21, 2019
(Annex A) shall be observed.
SECTION 5. REQUEST FOR CHANGE/CORRECTION OF NAME OF
VOTING CENTER. ~ Request for change of name of voting center under this
Resolution shall cover an instance when the name of a voting center appearing
in the POP is actually and in fact existing in the official records of the DepEd or
other sources but was changed either a long time ago or just recently.
Thus, if the present name of a voting center in the POP is non-existent
from the very beginning, change of name is not the proper request to be
submitted considering that something that is fictitious cannot be changed. In
this case the right course of action is to submit a request for correction of
name of voting center.
SECTION 6. REQUEST FOR CHANGE/CORRECTION OF ADDRESS OF
VOTING CENTER. - Request for change of address of voting center is proper
only if it can be proven by proper and sufficient documentary evidence that the
present voting center had transferred to new location within the same/different
barangay but within the same city /district/ municipality
Hence, if the address of voting center is erroneous or non-existent, the
proper request to be submitted is a request for correction of address of voting
center, provided that the EO can prove that the building/ structure located in
the correct address is actually the voting center being used by the affected voters
ever since or the transfer of which had been approved by the Executive Director
or the Commission En Banc, as the casc may be
SECTION 7. TYPOGRAPHICAL ERROR IN THE NAME/ADDRESS OF
VOTING CENTER. - Request for correction of name/address of voting center
shall cover an instance when there is TYPOGRAPHICAL ERROR in the
name /address of voting center. However, in such case the present voting center
shall still be considered as non-existent in the official records of the Department
of Education (DepEd) or other official sources, depending on the nature of the
building/ structure being used as voting center.
° IN THE MATTER OF THE PENDING REQUESTS FOR TRANSFER OF VOTING CENTERS AND CHANGE/CORRECTION
OF NAMES OF VOTING CENTERS IN BANGSAMORO
51 SECTION 8. REQUIREMENTS OF A REQUEST FOR CHANGE OF
NAME/ADDRESS OF VOTING CENTER. ~ Request for change of name/address
of voting center is proper when it is accompanied by:
1
NAME/ADDRESS OF VOTING CENTER.
Basis of the change of name/address of voting center from the DepEd, in
case of a public-school building; School Board, in case of a private school
building; Barangay Chairman, in case of public building under its
management/administration; or Owner /Manager/Administrator, in case
ofa private building;
. A certification stating the date, when the change of name/address
occurred, which shall be issued by either of those mentioned in the
immediately preceding number. Complete date (date, month and year) is
preferres
A certification from the EO that the request is only for change of
name/address of voting center and not for transfer thereof.
If available, a brief background //history of the change of name from the
persons/officials enumerated in no. 1 hereot
A certification of ocular inspection of the EO with attached photo/s
showing the signage of the voting center in case of change of name of voting
center; and
A written explanation of the EO in case the change of name has already
occurred for more than one (1) year.
SECTION 9. REQUIREMENTS OF A REQUEST FOR CORRECTION OF
Request for correction of
namc/address of voting center is proper when it is accompanied by
1
el
A certification of the EO stating: a) the correct name/address of the voting
center; and b) that the request does not involve a transfer but a mere
correction of name/address of voting center only;
. A certification from either of the following, stating: a) the correct
name/address of voting center; b) that the correct building/structure has
always been the voting center of the affected voters or its location has
always been the same and has not been transferred; and c) in case of
correction of name, the present voting center appearing in the POP is not
existing from the very beginning in the affected barangay /sitio/purok:
a. DepEd, in case of a public-school building:
b. Barangay Chairman, in case of a public building under its
management/administration; or
c. The owner/manager /administrator, in case of a private building.
Other official documents or records showing the correct name/address of
the voting center; 4. A certification of ocular inspection of the EO with photo/s showing the
signage of the voting center, in case of a request for correction of name of
voting center; and
5. A written explanation of the EO as to why the erroneous name/address of
the voting center has just been discovered
SECTION 10. DISCREPANCY BETWEEN THE SIGNAGE AND THE
RECORDED NAME OF THE VOTING CENTER. - In case of discrepancy between
the photo/s showing the signage of the voting center and its name in the official
records of the DepEd or other official sources, the request shall be held in
abeyance in view of the confusion that may arise from the approval of the
request
SECTION 11. WHERE 70 FILE A REQUEST FOR
TRANSFER/CHANGE/CORRECTION OF NAME/ADDRESS OF VOTING CENTER
AND DEADLINE FOR SUBMISSION. - Request submitted under this Resolution
together with all its supporting documents except as provided in Article I Section
3 (b) shall be accepted /entertained only from 8:00 A.M. to 5:00 PM from Monday
to Friday, including Saturday, if overtime is allowed, to the EBAD, through
courier, email (ebad@comelec.gov.ph) or any other fastest means available, which
include the personal or official email addresses of the POP Regional In-Charges
(RICs) of the Precincts and Voting Centers Division (PVCD), EBAD. If the request
is filed beyond office hours as herein mentioned, it shall be considered as filed
on the next working day.
The request must be submitted to the EBAD NOT LATER THAN
SEPTEMBER 15, 2023 FOR THE 2023 BSKE OR SEPTEMBER 30, 2024 FOR
THE MAY 2025 NLE. SUBMISSION OF LACKING OR ADDITIONAL
REQUIREMENT/S SHALL ALSO OBSERVE THE SAME DEADLINE. The
deadline for submission of any request under this Resolution for subsequent
elections shall be provided in the Calendar of Activities for said elections.
SECTION 12. AUTOMATIC DENIAL. ~The following shall be automatically
recommended for denial by the EBAD to the Executive Director through the
Deputy Executive Director for Operations:
1, Request with complete requirements submitted after cither of the
deadline mentioned in the preceding section;
2. Request with incomplete or lacking requirements submitted om either of
the deadline mentioned in the preceding section;
3. Request with incomplete or lacking requirements submitted after cither
of the deadline mentioned in the preceding section; and
4. Request with lacking or additional requirement/s submitted after either
ef the deadline mentioned in the preceding section,
The foregoing shall be without prejudice to the revival of the denied
requests after the 2023 BSKE, 2025 NLE, or subsequent elections, as the case
may be.
7\ This section shall not apply, however, to all requests falling under Section
14 hereof,
SECTION 13. WHEN IS A REQUEST CONSIDERED SUBMITTED WITHIN
THE DEADLINE? - The term "submitted" shall be understood to mean as
follows:
1. If through a courier, ordinary or registered, the date of the submission
shall be the date of the mailing. For this purpose, the EO shall attach to
the request a copy of proof of mailing (registry receipt, official receipt, etc.);
and
2. If through email, the date of the submission shall be the date when the
email was received in the official email address of the EBAD
(ebad@comelec.gov.phj or the personal or official email address of the POP
RIC, PVCD, EBAD.
SECTION 14. EXCEPTIONAL CASES. - Request for transfer of voting
center on the ground that the present voting center ean no longer be used shall
cover the following instances and need not comply with either of the modes for
transfer provided in Section 2 hereof:
1, RECENT destruction or dilapidation of the present voting center in such
a manner that it can no longer be used provided that the request shall be
submitted within a reasonable time from the destruction or dilapidation
and the following are attached to the request:
a. A certification of ocular inspection of the EO, stating that he/she
conducted ocular inspection of the present and proposed voting
centers, and found the former already destroyed or dilapidated,
while the latter is accessible, has sufficient space to accommodate
the affected voters and equipped with necessary facilities for the
conduct of electoral activities. The certification must also provide
the estimated distance between the present and proposed
voting centers and between the current residences of the
affected voters and the proposed voting center. Photos of ocular
inspection must also be attached to the certification; and
b. A certification of the principal /other responsible officer of the DepEd
(in case of a public-school building), manager/administrator (in case
of other public building) or the owner/manager/administrator/any
person acting in behalf of the owner (in case of a private
building/ structure), signifying his/her consent for the use of the
proposed building/structure as voting center,
2. In cases falling under Article XIII, Section 150 (b) of the Omnibus Election
Code (OEC), where the proposed voting center is located in the same
building or compound where the present voting center is located or in a
place as close as possible to the present voting center.
A request based on proximity under this number shall only be accepted if
the same is supported by a certification of the City/Municipal Engineer
attesting to the estimated distance between the present and proposed
voting centers. In addition, and as much as possible, photo/s showing
81 both the present and proposed voting centers shall also be submitted
together with the request.
3. Congested voting center. In case where the voting center is housing
multiple barangays provided that the request shall have the following
attachments:
a. A certification of ocular inspection of the EO, stating that he/she
conducted ocular inspection of the present and proposed voting
centers, and found the former congested in view of the number of
the voters presently assigned thereat while the latter is accessible,
has sufficient space to accommodate the affected voters and
equipped with necessary facilities for the conduct of electoral
activities. The certification must also provide the estimated
distance between the present and proposed voting centers and
between the current residences of the affected voters and the
proposed voting center. Photos of ocular inspection must also
be attached to the certification; and
b. A certification of the principal/other responsible officer of the DepEd
(in case of a public-school building), manager /administrator (in case
of other public building) or the owner/manager /administrator/any
person acting in behalf of the owner (in case of a private
building/structure), signilying his/her consent for the use of the
proposed building/structure as voting center.
SECTION 15, CASES NOT CONSIDERED AS EXCEPTIONAL IN
CHARACTER. - In view of Section 1 hereof, voting centers which have long been
dilapidated, damaged or destroyed for which reason it had been abandoned or
not been used for a considerable period of time shall not be considered as an
exception and therefore must comply with either of the modes for transfer of
voting centers mentioned in Section 2 hereof.
The EO shall submit, as additional requirement, a written explanation as
to the reason/s for the belated discovery of the non-existence or the
dilapidation/destruction of the present voting center.
If the explanation is not meritorious, the EBAD may recommend the
imposition of disciplinary action against the erring EO to the Personnel
Department of the Commission. Further, failure to submit such written
explanation shall be a ground for the recommendation of the denial of the
request.
SECTION 16. VOTING CENTERS TRANSFERRED TEMPORARILY. ~ For
voting centers that had been temporarily transferred for the 2022 NLE, the EO
shall determine if the same shall be made permanent or not. If the intent is
towards the permanency of the voting center, the EO shall submit a request for
the purpose with the following attachments:
1. A certification of the principal/other responsible officer of the Department
of Education (in case of a public-school building), manager/administrator
fin case of other public building) or the
owner/manager/administrator/any person acting in behalf of the owner
(in case of a private building/ structure), signifying his/her consent for the
use of the temporary voting center as permanent voting center; and
| 2. A certification of ocular inspection of the EO stating that he/she conducted
ocular inspection of the temporary voting center, and found the same
accessible, has sufficient space to accommodate the affected voters and
equipped with necessary facilities for the conduct of electoral activities.
The certification must also provide the estimated distance between
the subject voting center and the current residences of the affected
voters. Photos of ocular inspection must also be attached to the
certification; and
3. Aju
ication of the EO as to why the transfer should be made permanent,
If the intention is to revert to the original voting center, the request must
have the following attachments:
1. A certification of the principal/other responsible officer of the DepEd (in
case of a public-school building), manager/administrator (in case of other
public building) or the owner/manager /administrator/any person acting
in behalf of the owner (in case of a private building/structure) signifying
his/her consent for the reversion of the voting center to its original
location; and
2. Acertification of ocular inspection of the EO stating that he/she conducted
ocular inspection of the original voting center, and found the same
accessible, has sufficient space to accommodate the affected voters and
equipped with necessary facilities for the conduct of electoral activities.
Photos of ocular inspection must be attached to the certification.
The deadline for submission of a request under Section 11 hereof shall
also apply to all requests submitted under this Section,
SECTION 17. REVIVAL OR RE-SUBMISSION OF REQUEST. - All requests
which have been denied, held in abeyance, withdrawn or otherwise rendered
moot and academic relative to the 2022 NLE, may be revived or re-submitted for
purposes of the 2023 BSKE provided that all the requirements or supporting
documents provided in Section 2 hereof shall be attached to the requests.
The deadline for submission of a request under Section 11 hereof shall also apply
to all requests submitted under this section.
SECTION 18. EVALUATION OF THE REQUEST AND ITS SUPPORTING
DOCUMENTS. - The POP RICs, PVCD, EBAD shall have the duty and
responsibility of evaluating/assessing the merits and completeness of all
requests submitted under this Resolution, including all its supporting
documents.
SECTION 19. POSTING REQUIREMENTS BEFORE PROCESSING OF
THE REQUEST. - All requests for transfer/change/correction of
names/addresses of voting centers shall be posted by the EO for a period of at
least five (5) days upon receipt of a written instruction from the EBAD. For the
purpose, the EO shall follow the posting guidelines and period of submission of
proofs of posting provided in the EBAD Memorandum dated September 9, 2020
(Annex B). In addition, the request shall be posted in the present and proposed
voting centers.
101 The purpose of posting under this Section is to inform the public regarding
the existence/pendency of the request and thus give them the opportunity to
support /oppose the same.
SECTION 20. PROCEDURE AFTER COMPLIANCE WITH POSTING
REQUIREMENTS. ~ Upon receipt of proofs of compliance with the posting
requirements in accordance with the preceding section, the EBAD shall draft the
appropriate recommendation relative to the request coursed through the Deputy
Executive Director for Operations for approval or denial by the Executive Director
pursuant to Minute Resolution No. 8403:° dated January 16, 2008.
‘SECTION 21. IMPLEMENTATION OF APPROVED OR DENIED REQUEST.
~ Any action on request submitted under this Resolution either by the Executive
Director for request without opposition pursuant to his/her delegated
authority under the abovementioned Resolution No. 8403 or the Commission En
Bane, shall be returned to the EBAD for implementation to the concerned OEO,
immediately upon receipt of the Memorandum or Minute Resolution or
Resolution containing the approval or denial of such request
SECTION 22. POSTING OF NOTICE OF APPROVED OR DENIED
REQUEST. - Approved/denied request shall be posted by the OBO on its
bulletin/transparency board, in the city/municipal hall, barangay hall of the
affected barangay, if any, in the present/original voting center, and former and
new voting centers, as the case may be. Proofs of posting shall be submitted to
the EBAD after five (5) days of posting.
SECTION 23. SUBMISSION OF UPDATED BARANGAY PRECINCT MAP
(BPM). - In case of approved request for transfer/change/correction of
name/address of voting center, the EO shall also be required to submit to the
EBAD an updated BPM referred to in Section 3 (k)"! of Republic Act No. 8189!2,
Such BPM shall form part of proofs of compliance of posting stated in the
immediately preceding section.
In updating the BPM, the guidelines provided in the EBAD Memorandum
dated February 4, 2021 (Annex C) shall be followed.
SECTION 24. PROPER SOURCE OF THE REQUEST. All requests
submitted under this Resolution shall come from the OEOs.
Any request submitted by the public, any political party, candidate, other
government agencies or any field official of the Commission other than the EO
directly to the EBAD shall be immediately endorsed to the OBO for initial
evaluation and verification of the same. Within five (5) days from receipt of
\ IN THE MATTER OF AUTHORIZING THE EXECUTIVE DIRECTOR TO ACT ON CERTAIN ADMINISTRATIVE
MATTERS PERTAINING TO THE DIFFERENT DEPARTMENTS/OFFICES OF THE COMMISSION AT THE CENTRAL
‘AND FIELD OFFICES.
pphical area stated in terms af streets or street blocks
PROVIDING FOR A GENERAL REGISTRATION OF VOTERS, ADOPTING A SYSTEM OF CONTINUING
REGISTRATION, PRESCRIBING THE PROCEDURES THEREOF AND AUTHORIZING THE APPROPRIATION OF FUNDS
uy the referral, the OEO shall submit the result of the evaluation and
verification to the EBAD.
SECTION 25. INTERPRETATION OF THE WORD DAY. - The word “day”
as used in this Resolution shall mean calendar day.
SECTION 26. COVID- 19 MITIGATION MEASURES. - In all activities
involving physical interaction among individuals such as ocular inspection of
voting centers, gathering of signatures of voters, and conduct of meetings with
local officials and other stakeholders, which will be done relative to the
submission of any request under this Resolution, the minimum public health
protocols, required by proper government authorities shall still be observed.
ARTICLE II
ACCESSIBLE POLLING PLACES, SEPARATE POLLING PLACES AND
ACCESSIBLE VOTING CENTERS
SECTION 1. REQUEST FOR TRANSFER OF VOTING CENTER OF
VOTERS ASSIGNED IN ACCESSIBLE POLLING PLACES (APPs). ~ Request for
wansfer of voting center of voters who are Senior Citizens (SCs) and/or Persons
with Disabilities (PWDs) assigned in APPs shall observe the Guidelines that the
Commission through the Vulnerable Sectors Office (VSO) will promulgate for the
purpose.
SECTION 2. REQUEST FOR CREATION OF SEPARATE POLLING PLACE
(SPP) AND ACCESSIBLE VOTING CENTER (AVC). - Request for creation of SPP
and/or AVC exclusively for Indigenous People (IP) voters or voters belonging to
the Indigenous Cultural Community (ICC) pursuant to Resolution No. 1042412
dated September 21, 2018 shall fall within the authority of the VSO.
SECTION 3. EXCLUSIVE AUTHORITY. - The VSO shall have exclusive
authority to act on all requests submitted under this Article. This Resolution
may, however, serve as suppletory to the applicable guidelines.
All approved requests under this Article shall immediately be coordinated
by the VSO with the EBAD for purposes of POP updating,
ARTICLE UT
REQUEST FOR TRANSFER OF VOTING CENTER WITH OPPOSITION
SECTION 1. REQUEST FOR TRANSFER OF VOTING CENTER WITH
OPPOSITION. ~ Request for transfer of voting center filed in accordance with
Article I, Section 11 hercof but with oppo:
5 IN THE MATTER OF ESTABLISHING GUIDELINES FOR THE CREATION OF INDIGENOUS PEOPLES (P)
ESTABLISHED PRECINCTS FOR SEPARATE POLLING PLACES (SPs) AND ACCESSIBLE VOTING CENTERS /AVCs)
2I authority of the Special Panel of Lawyers created pursuant to the
abovementioned MR No. 12-0498.
Request for transfer of voting center without opposition shall be governed
by the provisions of Article I hereof.
SECTION 2. SPECIAL PANEL OF LAWYERS. - The Special Panel of
Lawyers (subsequently referred to herein as Panel) shall be composed of lawyers
from the EBAD, Electoral Contests and Adjudication Department (ECAD) and
Law Department. The term “members” shall refer to the Departments
composing the Panel and not to the individual lawyers coming from each
Department participating during the hearing.
The Panel shall receive evidence, conduct online hearings and submit
recommendations for the approval or denial of all requests referred to it pursuant
to Section 1 hereof.
SECTION 3. ROLE OF POP REGIONAL IN-CHARGE, PVCD, EBAD. - A
Secretariat shall be created to assist the Panel. The Secretariat shall be headed
by the concerned POP Regional In-Charge (RIC) of the PVCD, EBAD, of the
region, which has jurisdiction over the area involved in the request for transfer
with opposition submitted to the Panel for hearing.
The Secretariat shall have the following functions:
1. Receive and evaluate all requests submitted under this Article;
Inform the EO of any lacking requirement/s pursuant to
Section 2, Article I hereof,
Pre-mark prior to the scheduled hearing, all the documentary
evidence submitted together with the EO or his/her duly
authorized representative;
4. Set the date, time and platform to be used for the hearing in
coordination with the members of the Panel and the EO;
wo
Prepare and send the notice of hearing (containing the date,
time and platform to be used) to the members of the Pancl and
the EO;
6. Request for the posting of the notice of hearing in the official
website of the Commission;
7. Record the hearing of the request and assist the members of
the Panel during the hearing;
8. Consolidate and prepare the final recommendation of the Panel
for submission to the Commission En Banc; and
9. Perform such other functions that the Panel may deem
necessary relative to a request submitted or pending before it.
By SECTION 4, PERIOD OF FILING OF REQUESTS. - All requests submitted
under this Article shall comply with the same deadline provided for in Section
11, Article I hereof.
SECTION 5. WHEN TO SET HEARING. - Upon receipt of proofs of
compliance with the posting requirements under Section 19, Article I hereof,
the Secretariat, in coordination with the members of the Panel and the EO, shall
set the date, time and platform to be used for the hearing.
SECTION 6. DUTIES AND RESPONSIBILITIES OF THE CONCERNED
‘The concerned EO shall have the following duties and responsibilities:
1. Submit, together with the request and all its supporting
documents, his/her recommendation thereto based on his/her
initial evaluation thereof;
2. Post the request covered under this Article in accordance with
Section 19, Article I hereof;
3. Furnish copies of the request to political parties, citizens’ arms,
if there are any, civic organizations and other stakeholders in
the locality;
4. Submit a certification stating that no opposition or objection
had been filed against the request, if such is the case;
a
Post the notice of hearing containing the date, time and
platform to be used during the hearing, in the same manner as
the request;
6. Submit proofs of posting of the request and notice of hearing
thereof during the hearing pursuant to Section 19, Article I
hereof;
7. Ensure that all resource persons, for and against the request,
if any, shall be present on the scheduled hearing;
8. Attend the hearing or send his/her duly authorized
representative during the hearing in case of his/her
unavailability; and
9, Actively participate during the hearing, where he/she may be
assisted by the PES or Regional Election Attorney (REA), when
necessary. The PES or REA may also assist in the tagging of
exhibits during the hearing.
SECTION 7. COMMENTS OF THE CONCERNED PES AND RED. - Ail
requests submitted under this Article shall be endorsed by the Secretariat to the
concerned PES and RED for their comments and/or recommendations, which
shall be submitted within three (3) days, if no such
comments/recommendations have been submitted as yet.
14] In case the comments/recommendations have already been submitted
together with the request but without the proper endorsement of the EO, the
provision of Section 24, Article I hereof shall be observed
SECTION 8. PARTIES TO THE HEARING. The following shall be present
at the hearing:
1, The EO or his/her duly authorized representative/s;
2. The requesting party /ties (proponent/s), if any;
3. The opponent/s, if any; and
4. Counsel/s of the requesting and/or opposing partes, if any; and
5. Other interested parties who have expressed their willingness to
attend the hearing,
The PES and RED may attend the hearing and present their comment/s
and/or recommendation/s during the hearing. In their absence, the EO or
his/her duly authorized representative shall offer such comment/s and /or
recommendation/s in evidence
SECTION 9. HEARING PROCEDURES. ‘he following shall be observed
during the hearing:
A. Before the hearing:
1.
‘The notice containing the date, time, and platform to be used
during the hearing shall be sent by the Secretariat to the EO
The notice shall contain an instruction for the posting thereof
at least three (3) days prior to the hearing to apprise the
Public of the same and give them opportunity to attend the
hearing, if they interd to.
B. During the hearing
1
a
15]
In case there are several requesting parties (proponents) and/or
opponents, both sides shall be represented by only one (1)
person during the hearing;
‘The representatives shall be given only ten (10) minutes each to
present their side, including their evidence for and against the
request;
The counsel present may act as representative of the party/ies
during the hearing;
‘The members of the Panel may ask clarificatory questions,
which shall be directed to the representative/s of the requesting
Party/ies (proponent/s) or the opponent/s, as the case may be;
If the request is filed motu propio by the EO, he/she or his/her
representative shall make a statement with regard to the
following: a. The sitio/s/purok/s/barangay/s involved in the
request, the present and proposed voting centers and
the reason/s for the request;
b. Evidence or documents supporting the request;
¢. Proof that the request and notice of hearing had been
posted and that no opposition/objection was filed
with the OEO relative thereto, if such is the case;
d._His/her recommendation relative to the request; and
¢, The comments/recommendations of the concerned
PES and RED, in case either or both officials are
absent/unavailable.
6. Allevidence/exhibits shall be marked during the hearing,
After the hearing
All members of the Panel shall prepare and submit their
recommendation to the Secretariat within two (2) days from the
termination of the hearing. The final recommendation shall be:
1, Arrived at by the majority of all the members of the panel;
2. Prepared and consolidated by the Secretariat, incorporating the
recommendations of all the members of the Panel;
3. Signed by all the members of the Panel except those who are
against the recommendation of the majority in which case a
separate recommendation shall be signed by the latter. All
recommendations shall be submitted to the Commission En
Banc for its consideration;
4. Duly endorsed by the EBAD to the Commission En Banc; and
5. Submitted together with all the documentary evidence /exhibits
received and marked during the hearing.
SECTION 10. NATURE OF HEARING. - The hearing shall be public and
summary in nature. It shall be conducted and terminated in one (1) day, as
practicable as possible. It shall adopt a speedy method of considering and
marking the evidence for and against the request. Failure to present evidence
during the hearing shall constitute a waiver thereof unless the request cannot
be disposed of in the absence of such evidence, in which case the Panel shall set
a date for the deadline of the submission of said requirement/s which shall be
strictly observed. In case of non-compliance with the period provided, the Panel
shall decide based on the evidence already submitted.
SECTION 11. ACTION ON REQUEST BELATEDLY SUBMITTED. -
Request for transfer of voting center with opposition, with or without complete
requirements, submitted beyond either of the deadline set forth in Section 11,
Article I hereof or to be set forth in the Calendar of Activities for the subsequent
161 elections shall automatically be denied by the Panel without a hearing unless
the request falls within the exception provided in Section 14, Article I hereof.
SECTION 12. AUTOMATIC DELEGATION OF AUTHORITY OF THE
PANEL TO THE EXECUTIVE DIRECTOR. ~All requests covered by Article Ill,
Section 1 of this Resolution, which are submitted within one (1) week before
either of the deadline set forth in Section 11, Article 1 hereof or to be set forth in
the Calendar of Activities for the subsequent elections and those submitted
beyond either of said deadline but squarely falls on Section 14, also of Article
Thereof, shall follow the procedures for transfer of voting center provided under
Article hereof.
The authority of the Panel under MR No. 12-0498 and Article III
hereof shall automatically be delegated to the Executive Director at the
start of the working hour of Monday of the last week prior to either of the
deadline mentioned above. The Executive Director, in his/her discretion,
may act directly on the request pursuant te his/her authority under
Resolution No. 8403 or submit the same to the Commission En Banc for
consideration.
All requests endorsed to the Executive Director under this Section shall be
coursed through the Deputy Executive Director for Operations.
ARTICLE IV
ACCURACY OF VOTING CENTERS IN THE POPs AND RESPONSIBILITIES
OF PROVINCIAL ELECTION SUPERVISORS (PESs) AND REGIONAL
ELECTION DIRECTORS (REDs)
SECTION 1. EXCLUSIVE AUTHORITY. ~ No building/structure shall be
used as voting center except those appearing in the previously approved POP
and those newly authorized in accordance with this Resolution, Use of a
building/structure as voting center other than those herein mentioned shall be
a ground for disciplinary action and the one liable may also be charged with an
election offense.
Transfer/change/correction of name/address of voting center
effected outside of the provisions of this Resolution shall be considered
invalid and illegal.
SECTION 2, ACCURACY OF THE NAMES/ADDRESSES OF VOTING
CENTERS IN THE POPs. - All approved requests for transfer of voting centers
subsequent to the approval of the final nationwide POP for the May 9, 2022 NLE'
shall be reflected in the POPs for the 2023 BSKE.
SECTION 3. RESPONSIBILITIES OF PROVINCIAL ELECTION
SUPERVISORS (PESs) AND REGIONAL ELECTION DIRECTORS (REDs). - All
PESs and REDs shall have the responsibility to closely monitor and supervise
4 December 20, 2022 - date of approvat ofthe at POPS for the Mey 9, 2022 NLE
vt LUS84
their respective EOs to ensure their strict observance of the provisions of this
Resolution.
ARTICLE V
PUBLICATION AND IMPLEMENTATION
SECTION 1. PUBLICATION AND IMPLEMENTATION. - This Resolution
shall take effect immediately upon its publication in two (2) daily newspapers of
general circulation in the Philippines. The Education and Information
Department (EID) is hereby directed to cause the widest dissemination of this
Resolution and its publication. The ITD shall cause the posting of this Resolution
in the official website of the Commission.
Let the Office of the Executive Director, Office of the Deputy Executive
Director for Operations, Election and Barangay Affairs Department, Law
Department, Information and Technology Department, Finance Services
Department, Education and Information Department, Electoral Contests
Adjudication Department, Offices of Regional Election Director, Offices of
Provincial Election Supervisor and Offices of Election Officers implement this
Resolution.
SO ORDERED.
GEORGE ERWIN M. GARCIA
Chairman
SOCORRO B. INTING MARLON 8S. CASQUEJO
Commissioner Commissioner
AIMEE P. FEROLINO REY E. BULAY
Commissioner Commissioner
ERNESTO FERDINAND P. MACEDA, JR. NELSON J. CELIS
Commissioner Commissioner
CERTIFICATION
APPROVED by the Commission £n Banc on January 25, 2023 pursuant to
COMELEC RESOLUTION NO. 10761 titled: “Supplemental Resolution to COMELEC
Resolution No. 9936 Promulgated March 25, 2015 entitled, “Rule on the Enactment and
Promulgation of Executive or Administrative Resolutions” providing for other format of
mectings to include online meetings applicable in times of the COVID-19 pandemic and
the imposition of Community Quarantines and similar emergency situations’.
>
ATTY. CONSUELO B. DIOLA
Director IV
Office of the COMEL:
IC Seeretary
18 | REPUBLIC OF THE PHILIPPINES
COMMISSION ON ELECTIONS
Tatranuros, Manila
Election and Barangay Affairs Department
Precinets and Voting Centers Division
MEMORANDUM
To : ALL ELECTION OFFICERS/ACTING ELECTION OFFICERS
THRU : ALL REGIONAL ELECTION DIRECTORS/ACTING REGIONAL
ELECTION DIRECTORS
ALL PROVINCIAL ELECTION _SUPERVISORS/ACTING
PROVINCIAL ELECTION SUPERVISORS
FROM : THE DIRECTOR IV
SUBJECT : Administrative transfer of voters/Assignment of voters in their
proper precinct
DATE November 21, 2019
Section 4 of Republic Act No. 8189! states that, “There shall be a permanent list of
voters per precinct in each city or municipality consisting of all registered voters residing within
“terntarial juriadiction af every precinct indicated hy the precinct maps.
XExKnx
Xexxxx
The precinct assignment of a voter in the permanent list of voters shall not be changed or
uiltered or transfered to another precinct without the express written consent of the voter:
Provided, however, That the voter shall not unreasonably withhold such consent. Any violation
thereof shall constitute an election offense which shall be punished in accordance with law.”
In compliance with the above provision of law, and to ensure that the POPs arc
accurate, all OEOs are hereby requested to do the following:
L. Identify the precincts affected by the wrong precinct assignment due to
non- use of barangay precinet maps during registration;
Verify the list of registered voters of the identified affected precincts by
conducting cnumeration through house to house canvass;
9. Prepare the list of voters who should be administratively transferred to
their proper precincts;
4 Require the affected voters to file Applications for ‘Transfer of
Registration Record within the sume city/municipality pursuant to
Section 137 of Republic Aet No. 8189;
AN ACT PROVIDING FOR A GENERAL REGISTRATION OF VOTERS, ADOPTING A SYSTEM OF
CONTINUING REGISTRATION, PRESCRIBING THE PROCEDURES THEREOF AND AUTHORIZING THE
APPROPRIATION OF FUNDS THEREFOR. 5, Submit the list of voters for administrative transfer, together with the
corresponding Application Forms, as mentioned above, to ERB hearings
upon the resumption of the continuing registration of voters, with notices
to be posted in conspicuous places in the territory of the affected
precincts, Office of the Blection Officer, and in the barangay hall;
6. Provide copies of the notice to representatives of registered political
parties, citizens’ arms, civic organizations and other stakeholders;
7. After ERB approval, effect the administrative transfer by including the
VRRe and the names of the concerned voters in the Book of Voters and
the list of voters to their proper precincts;
8, Submit to the ITD the updated list of voters, and to the EBAD the QPRs
and POPS, together with the list of voters administratively transferred, and
the Minutes of ERB proceedings,
9. As far as practicable and if necessary, only daughter/spin-off precincts
shall be created to accommodate the voters for administrative transfer
and
10. Update the Barangay Precinct Map of the affected barangays and post
copies thereof in conspicuous places within said barangays, on the
bulletin boards of the OEO and —municipal/city halls.
Finally, please be reminded that all requests for transfer of voting centers, regardless of
the mode of transfer availed of (signatures by majority of voters per precinct or agreement of
political parties or petition to the Commission £n Bane under Section 154 of the Omnibus
Election Codes), which shall require administrative transfer of voters, shall first comply with
the foregoing before thie Department shall act on the same.
a 'LNAS, JR. te
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