RESOLUTION No. 8739

GENERAL INSTRUCTIONS FOR THE BOARD OF ELECTION INSPECTORS (BEI)
ON THE VOTING, COUNTING, AND TRANSMISSION OF RESULTS
IN CONNECTION WITH THE 10 MAY 2010, NATIONAL AND LOCAL ELECTIONS.
Promulgation: 29 December 2009
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ARTICLE V
PROCEDURES OF VOTING, COUNTING OF VOTES AND TRANSMISSION OF PRECINCT RESULTS

SEC. 33. Preliminaries to the voting. - The BEI shall meet at the polling place at six o'clock in the morning of Election Day and do the following:
a) Ensure that it has all the election forms, documents, and supplies needed including;
1) one (1) iButton security key for the chairman of the BEI for use in operating the PCOS; and
2) iButton security key and Personal Identification Number (PIN) for each member of the BEI for use to digitally sign the ERs before transmission.
iButtons will be found in the thermal printer compartment and the PINS will be in a separate envelopes found inside the PCOS box.
1. Post one copy of PCVL, of each precinct in the cluster, near or at the door of the polling place.

2. Before the voting begins; The chairman of the BEI shall:
a. Show to the public and the watchers present that the:
i. PCOS box is sealed;

BEI members and watchers shall check if the serial number of the seal used in the PCOS box is the same as the serial number recorded during the testing and sealing
ii. Ballot box is locked and empty; and

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

b. Count the ballots manually. Enter in the Minutes the number of ballots; and the fact that the PCOS box, package of ballots and the Book of Voters were shown to the public with the seals intact.

c. Remove the seal of the PCOS box, retrieve the PCOS from the box and show that the seals of the printer cover, main memory card slot and back-up memory card slot of the PCOS are intact. Record in the Minutes such fact and thereafter break the seal of the printer cover. The Main memory card slot and back-up memory card slot shall remain sealed during the voting.

d. Install the PCOS by:
i. Placing the PCOS properly on top of the ballot box;
ii. Connecting the battery of the PCOS; and
iii. Plugging the power cord.

e. Wait until the PCOS displays the message "PLEASE INSERT SECURITY KEY FOR AUTHENTICATION"

f. Place the iButton security key on top of the iButton security key receptacle and apply slight pressure thereon, until the message "SECURITY KEY VERIFIED" appears on the PCOS screen; and

g. Remove the iButton security key from its receptacle after which the PCOS shall display the main menu.

The chairman shall keep the iButton security key in his custody throughout the voting.

h. The Operator shall initialize the PCOS by:

i. Selecting "OPEN VOTING" from the Main Menu.

ii. 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". The PCOS will request for the second PIN from the third member who will then enter his PIN and press "ENTER". The PCOS will validate the PIN and displays a message "PIN ACCEPTED".

iii. The PCOS will then display two (2) options: "INITIALIZE VOTE COUNTERS and "PREVIOUS SCREEN".

iv. Press the "INITIALIZE VOTE COUNTERS" option of the PCOS.

v. The PCOS shall display the message "INITIALIZING VOTE COUNTERS". Thereafter, PCOS shall automatically print the Initialization Report showing the ZERO ("0") vote for each candidate and the geographic information (province, city/municipality, barangay, voting center and cluster precinct).

vi. The PCOS shall display the message "PLEASE INSERT BALLOT". Now, the PCOS is ready to accept ballots.

vii. Detach Initialization Report and let the BEI and the watchers present affix their signatures thereon.

i. The chairman shall then place the report inside the envelope (A18-A) for submission to the Election Officer after the voting, for his safekeeping.

SEC. 34. Manner of obtaining ballots. - The voter shall:
1. Look for his name in the PCVL posted near the door of the voting center and determine his precinct number and sequence number;

2. Approach the BEI member or the support staff in-charge of the precinct, give his sequence number in the PCVL, name and address, together with the other data concerning his person.

3. The BEI or the support staff shall verify if the name of the voter is in the EDCVL. If the name of the voter is in the EDCVL, his identity shall then be established through the following:

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

ii. In the absence of any of the above-mentioned proof of identity, any member of the BEI or any registered voter of the precinct/clustered precinct may identify under oath a voter, and such act shall be reflected in the Minutes.

If the BEI or support staff is satisfied with his identity, the name of the voter shall be distinctly announced in a tone loud enough to be heard throughout the polling place. Otherwise, the voter shall be directed to leave the polling place after informing him the reason thereof. If the voter is not challenged, or having been challenged, the question has been decided in his favor, the voter shall be directed to the chairman of the BEI.
Before giving the ballot to the voter, the chairman of the BEI shall:
a) Check if any of the fingernails of the voter has already been stained with indelible ink. If stained, it shall be a conclusive presumption that he has cast his vote. As such, the voter shall be directed to leave the polling place after informing him the reason thereof. This fact, including the name and the precinct of the voter, shall be recorded by the Poll Clerk in the Minutes;
b) After verifying that no fingernail has been stained, affix his signature in the EDCVL;
c) Authenticate the ballot by affixing his signature at the designated space at the front thereof.
The failure to authenticate the ballot shall not invalidate the ballot but shall constitute an election offense.
d) Instruct the voter on how to fill-up the ballot properly.
e) 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 the voter.
Only the chairman shall issue the official ballots, and not more than one ballot shall be issued at one time.
f) Require the voter to affix his signature on the proper space in the EDCVL.

SEC. 35. Manner of voting. - Voting shall be conducted in the following manner:

1. The voter shall, using a ballot secrecy folder and the marking pen provided by the COMELEC, fill his ballot by fully shading the oval beside the names of the candidates and political party participating in the party list system of representation of his choice.

2. The voter shall then approach the PC0S; insert his ballot in the ballot entry slot and wait until the ballot is dropped into the ballot box. The BEI shall monitor the PCOS screen to make sure that the ballot was successfully accepted. Thereafter, the voter shall return the ballot secrecy folder and marking pen to the chairman.

3. The chairman shall apply indelible ink at the base and extending to the cuticle of the right forefinger nail of the voter, or any other nail if there be no forefinger nail.

4. The voter shall affix his thumbmark on the corresponding space in the EDCVL.

5. The voter shall then leave the polling place.

SEC. 36. Rejected ballots Procedure. - Ballots may be rejected by the PCOS during the scanning. In the event of a rejected ballot, the voter shall be allowed to re-insert the ballot. If the PCOS still rejects the ballot, the voter shall return the ballot to the Chairman who shall:

1. Distinctly mark the back thereof as "Rejected,"

2. Require all members of the board to sign at the back thereof, and place inside the Envelope for Rejected Ballots (A15).
No replacement ballot shall be issued to a voter whose ballot is rejected by the PCOS.
Any party objecting to the rejection of the ballot shall reduce his objection in writing, which the board shall attach and note in the Minutes.

SEC. 37. Disposition of unused ballots. - After the voting, the chairman in the presence of the BEI shall:
1. Record in the Minutes the quantity of unused ballots.

2. Tear the unused ballots in half lengthwise.

3. Place one half shall be placed in the envelope (A15), and submit to the EO for safekeeping,

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

SEC. 38. Counting of ballots and transmission of results; Procedure.

1. At the end of voting and before the start of counting of votes, the procedure of validating the iButton security key stated in Section 33 (6 and 7) herein shall be performed.

2. The Operator shall then press the "CLOSE VOTING" option in the Main Menu.

3. 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.

4. 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". The PCOS will request for the second PIN from the third member who will then enter his PIN and press "Enter". The PCOS will validate the PIN and displays a message "PIN accepted".

5. The screen will then display a message "POLL IS BEING CLOSED PLEASE WAIT".

6. Thereafter, the PCOS shall automatically count the votes. After all the votes have been counted, the PCOS shall immediately display:

a. A message "PRINTING 8 COPIES OF ELECTION RETURNS (ER) FOR NATIONAL POSITIONS. PLEASE WAIT..." and automatically prints the 8 copies, followed by a message "PRINTING 8 COPIES OF ELECTION RETURNS (ER) FOR LOCAL POSITIONS. PLEASE WAIT..." and automatically prints the 8 copies.

b. The chairman of the BEI shall publicly announce the total number of votes received by each candidate, stating their corresponding offices.

The poll clerk shall announce the posting of a copy of the second copy of the ER both for national and local positions on a wall within the premises of the polling place/counting center which must be sufficiently lighted and accessible to the public, and proceed to post such copies.
After forty-eight (48) hours following the posting, the chairman of the BEI shall detach the posted printed copy in the wall and keep the same in his custody to be produced as may be requested by any voter for image or data capturing or for any lawful purpose as may be ordered by competent authority.

c. Require for the digital signature of the members of the BEI. Each member shall insert his iButton security key intended for the digital signature in the iButton security key receptacle;

d. The PCOS will display a message "READY TO TRANSMIT. PLEASE PLUG IN TRANSMISSION CABLE TO ELECTRONICALLY TRANSMIT ELECTION REPORTS AND PRESS OK TO CONTINUE".

The "OK" button is to check whether the modem is properly connected.
If the modem is properly connected, the PCOS will display the message "TRANSMISSION CABLE CONNECTED. BEGINNING TRANSMISSION OF REPORTS"
If checking of modem fails, the PCOS will display the message "TRANSMISSION CABLE NOT CONNECTED, RETRY?" with "YES" and "NO" buttons.
Check the connection of the modem to the PCOS and if it is properly set up, press the "YES" button.
If after three (3) attempts, the modem still fails, call the support technician.
If the modem is properly connected, the PCOS will display the message "TRANSMISSION CABLE CONNECTED. BEGINNING TRANSMISSION OF REPORTS"

a. A message "ELECTRONICALLY TRANSMITTING ELECTION REPORTS TO < name of BOC server > PLEASE WAIT..." followed by "ELECTION REPORTS SUCCESFULLY TRANSMITTED TO < name of BOC server >"

If transmission fails, PCOS will display a message "FAILED TO TRANSMIT ELECTION REPORTS TO < name of BOC server >. PRESS RETRY TO TRY AGAIN OR SKIP TO TRANSMIT TO THE NEXT LOCATION"
Press "RETRY" button. If after three (3) attempts, the transmission still fails, press the "SKIP" button for the PCOS to transmit to the next destination.

b. A message "ELECTRONICALLY TRANSMITTING ELECTION REPORTS TO *DMAP-DMIP-ACA-KBP PLEASE WAIT..." followed by "ELECTION REPORTS SUCCESFULLY TRANSMITTED TO KBP ..."

If transmission fails, PCOS will display a message "FAILED TO TRANSMIT ELECTION REPORTS TO DMAP-DMIP-ACA-KBP PRESS RETRY TO TRY AGAIN OR SKIP TO TRANSMIT TO THE NEXT LOCATION"
Press "RETRY" button. If after three (3) attempts, the transmission still fails, press the "SKIP" button for the PCOS to transmit to the next destination.

c. A message "ELECTRONICALLY TRANSMITTNG ELECTION REPORTS TO CENTRAL SERVER PLEASE WAIT..." followed by "ELECTION REPORTS SUCCESFULLY TRANSMITTED TO CENTRAL SERVER" shall appear.

If transmission fails, PCOS will display a message "FAILED TO TRANSMIT ELECTION REPORTS TO CENTRAL SERVER. PRESS RETRY TO TRY AGAIN OR SKIP TO TRANSMIT TO THE NEXT LOCATION"
Press "RETRY" button. If after three (3) attempts, the transmission still fails, press the "SKIP" button for the PCOS to transmit to the next destination.

d. A message "ALL ELECTION REPORTS HAVE BEEN SUCCESSFULLY TRANSMITTED TO < name of BOC server >, DMAP-DMIP-ACA-KBP AND TO CENTRAL SERVER. PLEASE DISCONNECT TRANSMISSION CABLE" shall appear

e. The PCOS shall print the remaining twenty two (22) copies of ERs, a copy of statistical report and audit log report. The Statistical Report and Audit Log report shall be placed in the envelope (A18-A) where the Initialization Report was placed.

If additional copies of reports are needed, go to the main menu and print additional copies by complying with the following procedures:

1. Select "PRINT REPORTS". The PCOS will display a message "PLEASE SELECT WHICH REPORT YOU WOULD LIKE TO PRINT". Select report to print e.g. ER for national, ER for local, Statistical Report, Audit Log Report.

2. Select report. The PCOS will display a message "PLEASE ENTER THE NUMBER OF COPIES TO PRINT".

3. Press the number of copies to print and press "ENTER". The PCOS will display a message

4. "PRINTING < no. of copies > COPIES OF REPORT. PLEASE WAIT."

5. After printing the reports, the PCOS will automatically display the main menu.

f. After printing all the reports:

1. The members of the BEI shall affix their signatures and thumb marks on the 30 printed ERs.

2. The BEI shall ask the watchers present to affix their signature on the printed election returns.
Unless otherwise ordered by the Commission, the BEI shall not stop or postpone the counting until it has been completed.
In case a PCOS fails to count the vote or transmit/print the results, the Operator shall announce the error and undertake the necessary corrective measures. Should the Operator be unable to correct the error, he shall call on the Technical Support personnel assigned to the Voting Cehter for assistance. Such fact shall be noted in the Minutes.

SEC. 39. Disposition of Election Returns - After the printing of the election returns, the BEI shall individually fold the first eight (8) copies of election returns, seal each of them with serially numbered paper seals, place in the envelope (A17), and seal the envelopes, for distribution to the following:

A. In the election of president, vice-president, senators and party-list system:

1. City or Municipal Board of Canvassers;

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

3. Commission;

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

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

6. Dominant minority party as determined by the Commission in accordance with law;

7. Ballot box;

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

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

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

11. 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;

12. Four (4) major citizens' arms, including the accredited citizens' arm, and other non-partisan groups or organizations enlisted by the Commission pursuant to Section 52(k) of Batas Pambansa Blg. 881. Such citizens' arms, groups and organizations may use the four certified copies of election returns for the conduct of citizens' quick counts at the local or national levels; and

13. One (1) to be posted conspicuously on a wall within the premises of the polling place or counting center

B. In the election of local officials and members of the House of Representatives:

1. City or municipal board of canvassers;

2. Commission;

3. Procincial Board of Canvasser;

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

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

6. Dominant minority party as determined by the Commission in accordance with law;

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

8. Ballot box

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

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

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

12. 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; and

13. Three (3) major citizens' arms, including the accredited citizens' arm, and other non-partisan groups or organizations enlisted by the Commission pursuant to Section 52(k) of Batas Pambansa Blg. 881. Such citizens' arms, groups and organizations may use the five certified copies of election returns for the conduct of citizens' quick counts at the local or national levels;

SEC. 40. Shutting Down of the PCOS. - After the printing of all reports and transmission of precinct results to all destinations, the PCOS shall automatically display the main menu.
a) The operator shall press the SHUTDOWN option; and
b) The PCOS shall automatically shutdown.

SEC. 41. Disposition of PC0S, ballot boxes, keys, Election Returns and other documents. - Upon the termination of the counting of votes and the announcement of the results of the election in the precinct, the BEI shall:
a) Place inside the ballot box the sealed envelopes containing the following:
1. Copy of Printed ER intended for the ballot box;
2. Copy of the Minutes of Voting and Counting of Votes intended for the ballot box;
3. Half of torn unused ballots; and
4. Rejected Ballots.
b) Close the ballot box; lock it with one (1) self-locking serially numbered fixed length seal 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) Turn-over the PCOS to the support technician in the voting center.
d) 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 necessary personnel and facilities for said delivery at the expense of the city/municipal.
In case the ballot box delivered by the BEI is not locked and/or sealed, the treasurer shall lock and/or seal the ballot box. The treasurer shall include such fact, including the serial number of the self-locking serially numbered fixed length seal used, in his report to the Commission.
e) Deliver to the Election Officer:
1) Book of Voters;
2) EDCVL;
3) PCVL;
4) Three (3) envelopes, each containing a key to a padlock of the ballot box, which shall each be delivered, under proper receipt, to the Provincial Election Supervisor, Provincial Prosecutor and Provincial Treasurer;
5) Envelope (A11) containing the copy of the Minutes intended for the Commission;
6) Envelope (A15) containing the other half of torn unused official ballots;
7) List of Voters allowed to vote, if any, after 6:00 o'clock in the evening of May 10, 2010;
8) Envelope containing the Back-up Memory card, Initialization Report, Precinct Audit Log Report and Precinct Statistics Report;
9) The envelopes containing copies of the election returns intended for the Provincial Board of Canvassers, Regional Board of Canvassers and the Commission on Elections; and
10) Other pertinent papers and documents
After the counting of votes, the Provincial Election Supervisor, EO or the Treasurer, shall require the BEI which failed to deliver the election documents or paraphernalia mentioned herein to deliver the same immediately.