Nothing exciting or amazing about my blog. Initially I thought it would just be a repository of my legal research materials. But little did I realize how it became a note of all sorts.
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Expanded Senior Citizens Act of 2010
Republic of the Philippines
CONGRESS OF THE PHILIPPINES
Metro Manila
Fourteenth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand nine.
Republic Act No. 9994
AN ACT GRANTING ADDITIONAL BENEFITS AND PRIVILEGES TO SENIOR CITIZENS, FURTHER AMENDING REPUBLIC ACT NO. 7432, AS AMENDED, OTHERWISE KNOWN AS "AN ACT TO MAXIMIZE THE CONTRIBUTION OF SENIOR CITIZENS TO NATION BUILDING, GRANT BENEFITS AND SPECIAL PRIVILEGES AND FOR OTHER PURPOSES"
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Title. - This Act Shall be known as the "Expanded Senior Citizens Act of 2010."
Section 2. Section 1 of Republic Act No. 7432, as amended by Republic Act No. 9257, otherwise known as the "Expanded Senior Citizens Act of 2003", is hereby further amended to read as follows:
"SECTION 1. Declaration of Policies and Objectives. - As provided in the Constitution of the Republic of the Philippines, it is the declared policy of the State to promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living and an improved quality of life. In the Declaration of Principles and State Policies in Article II, Sections 10 and 11, it is further declared that the State shall provide social justice in all phases of national development and that the State values the dignity of every human person and guarantees full respect for human rights.
"Article XIII, Section 11 of the Constitution provides that the Sate shall adopt an integrated and comprehensive approach to health development which shall endeavor to make essential goods, health and other social services available to all the people at affordable cost. There shall be priority for the needs of the underprivileged, sick, elderly, disabled, women and children. Article XV, Section 4 of the Constitution Further declares that it is the duty of the family to take care of its elderly members while the State may design programs of social security for them.
"Consistent with these constitutional principles, this Act shall serve the following objectives:
"(a) To recognize the rights of senior citizens to take their proper place in society and make it a concern of the family, community, and government;
"(b) To give full support to the improvement of the total well-being of the elderly and their full participation in society, considering that senior citizens are integral part of Philippine society;
"(c) To motivate and encourage the senior citizens to contribute to nation building;
"(d) To encourage their families and the communities they live with to reaffirm the valued Filipino tradition of caring for the senior citizens;
"(e) To provide a comprehensive health care and rehabilitation system for disabled senior citizens to foster their capacity to attain a more meaningful and productive ageing; and
"(f) To recognize the important role of the private sector in the improvement of the welfare of senior citizens and to actively seek their partnership.
"In accordance with these objectives, this Act shall:
"(1) establish mechanisms whereby the contributions of the senior citizens are maximized;
"(2) adopt measures whereby our senior citizens are assisted and appreciated by the community as a whole;
"(3) establish a program beneficial to the senior citizens, their families and the rest of the community they serve: and
"(4) establish community-based health and rehabilitation programs for senior citizens in every political unit of society."
Section 3. Section 2 of Republic Act No. 7432, as amended by Republic Act No. 9257, otherwise known as the Expanded Senior Citizens Act of 2003", is hereby further amended to read as follows:
SEC. 2. Definition of terms. - For purposes of this Act, these terms are defined as follows:
"(a) Senior citizen or elderly refers to any resident citizen of the Philippines at least sixty (60) years old;
"(b) Geriatrics refer to the branch of medical science devoted to the study of the biological and physical changes and the diseases of old age;
"(c) Lodging establishment refers to a building, edifice, structure, apartment or house including tourist inn, apartelle, motorist hotel, and pension house engaged in catering, leasing or providing facilities to transients, tourists or travelers;
"(d) Medical Services refer to hospital services, professional services of physicians and other health care professionals and diagnostics and laboratory tests that the necessary for the diagnosis or treatment of an illness or injury;
"(e) Dental services to oral examination, cleaning, permanent and temporary filling, extractions and gum treatments, restoration, replacement or repositioning of teeth, or alteration of the alveolar or periodontium process of the maxilla and the mandible that are necessary for the diagnosis or treatment of an illness or injury;
"(f) Nearest surviving relative refers to the legal spouse who survives the deceased senior citizen: Provided, That where no spouse survives the decedent, this shall be limited to relatives in the following order of degree of kinship: children, parents, siblings, grandparents, grandchildren, uncles and aunts;
"(g) Home health care service refers to health or supportive care provided to the senior citizen patient at home by licensed health care professionals to include, but not limited to, physicians, nurses, midwives, physical therapist and caregivers; and
"(h) Indigent senior citizen, refers to any elderly who is frail, sickly or with disability, and without pension or permanent source of income, compensation or financial assistance from his/her relatives to support his/her basic needs, as determined by the Department of Social Welfare and development (DSWD) in consultation with the National Coordinating and Monitoring Board."
Section 4 Section 4 of Republic Act No. 7432, as amended by Republic Act No. 9257, otherwise known as the "Expanded Senior Citizens Act of 2003", is hereby further amended to read as follows:
"SEC. 4. Privileges for the Senior Citizens. -
The senior citizens shall be entitled to the following:
"(a) the grant of twenty percent (20%) discount and exemption from the value -added tax (VAT), if applicable, on the sale of the following goods and services from all establishments, for the exclusive use and enjoyment or availment of the senior citizen
"(1) on the purchase of medicines, including the purchase of influenza and pnuemococcal vaccines, and such other essential medical supplies, accessories and equipment to be determined by the Department of Health (DOH).
"The DOH shall establish guidelines and mechanism of compulsory rebates in the sharing of burden of discounts among retailers, manufacturers and distributors, taking into consideration their respective margins;
"(2) on the professional fees of attending physician/s in all private hospitals, medical facilities, outpatient clinics and home health care services;
"(3) on the professional fees of licensed professional health providing home health care services as endorsed by private hospitals or employed through home health care employment agencies;
"(4) on medical and dental services, diagnostic and laboratory fees in all private hospitals, medical facilities, outpatient clinics, and home health care services, in accordance with the rules and regulations to be issued by the DOH, in coordination with the Philippine Health Insurance Corporation (PhilHealth);
"(5) in actual fare for land transportation travel in public utility buses (PUBs), public utility jeepneys (PUJs), taxis, Asian utility vehicles (AUVs), shuttle services and public railways, including Light Rail Transit (LRT), Mass Rail Transit (MRT), and Philippine National Railways (PNR);
"(6) in actual transportation fare for domestic air transport services and sea shipping vessels and the like, based on the actual fare and advanced booking;
"(7) on the utilization of services in hotels and similar lodging establishments, restaurants and recreation centers;
"(8) on admission fees charged by theaters, cinema houses and concert halls, circuses, leisure and amusement; and
"(9) on funeral and burial services for the death of senior citizens;
"(b) exemption from the payment of individual income taxes of senior citizens who are considered to be minimum wage earners in accordance with Republic Act No. 9504;
"(c) the grant of a minimum of five percent (5%) discount relative to the monthly utilization of water and electricity supplied by the public utilities: Provided, That the individual meters for the foregoing utilities are registered in the name of the senior citizen residing therein: Provided, further, That the monthly consumption does not exceed one hundred kilowatt hours (100 kWh) of electricity and thirty cubic meters (30 m3) of water: Provided, furthermore, That the privilege is granted per household regardless of the number of senior citizens residing therein;
"(d) exemption from training fees for socioeconomic programs;
"(e) free medical and dental services, diagnostic and laboratory fees such as, but not limited to, x-rays, computerized tomography scans and blood tests, in all government facilities, subject to the guidelines to be issued by the DOH in coordination with the PhilHealth;
"(f) the DOH shall administer free vaccination against the influenza virus and pneumococcal disease for indigent senior citizen patients;
"(g) educational assistance to senior citizens to pursue pot secondary, tertiary, post tertiary, vocational and technical education, as well as short-term courses for retooling in both public and private schools through provision of scholarships, grants, financial aids, subsides and other incentives to qualified senior citizens, including support for books, learning materials, and uniform allowances, to the extent feasible: Provided, That senior citizens shall meet minimum admission requirements;
"(h) to the extent practicable and feasible, the continuance of the same benefits and privileges given by the Government Service Insurance System (GSIS), the Social Security System (SSS) and the PAG-IBIG, as the case may be, as are enjoyed by those in actual service;
"(i) retirement benefits of retirees from both the government and the private sector shall be regularly reviewed to ensure their continuing responsiveness and sustainability, and to the extent practicable and feasible, shall be upgraded to be at par with the current scale enjoyed by those in actual service;
"(j) to the extent possible, the government may grant special discounts in special programs for senior citizens on purchase of basic commodities, subject to the guidelines to be issued for the purpose by the Department of Trade and Industry (DTI) and the Department of Agriculture (DA);
"(k) provision of express lanes for senior citizens in all commercial and government establishments; in the absence thereof, priority shall be given to them; and
"(l) death benefit assistance of a minimum of Two thousand pesos (Php2, 000.00) shall be given to the nearest surviving relative of a deceased senior citizen which amount shall be subject to adjustments due to inflation in accordance with the guidelines to be issued by the DSWD.1avvphi1
"In the availment of the privileges mentioned above, the senior citizen, or his/her duly authorized representative, may submit as proof of his/her entitled thereto any of the following:
"(1) an identification card issued by the Office of the Senior Citizen Affairs (OSCA) of the place where the senior citizen resides: Provided, That the identification card issued by the particular OSCA shall be honored nationwide;
"(2) the passport of the senior citizen concerned; and
"(3) other documents that establish that the senior citizen is a citizen of the Republic and is at least sixty (60) years of age as further provided in the implementing rules and regulations.
"In the purchase of goods and services which are on promotional discount, the senior citizen can avail of the promotional discount or the discount provided herein, whichever is higher.
"The establishment may claim the discounts granted under subsections (a) and (c) of this section as tax deduction based on the cost of the goods sold or services rendered: Provided, That the cost of the discount shall be allowed as deduction from gross income for the same taxable year that the discount is granted: Provided, further, That the total amount of the claimed tax deduction net of VAT, if applicable, shall be included in their gross sales receipts for tax purposes and shall be subject to proper documentation and to the provisions of the National Internal Revenue Code (NICR), as amended."
Section 5. Section 5 of the same Act, as amended, is hereby further amended to read as follows:
"SEC. 5. Government Assistance. - The government shall provide the following:
"(a) Employment
"Senior citizens who have the capacity and desire to work, or be re-employed, shall be provided information and matching services to enable them to be productive members of society. Terms of employment shall conform with the provisions of the Labor Code, as amended, and other laws, rules and regulations.
"Private entities that will employ senior citizens as employees, upon the effectivity of this Act, shall be entitled to an additional deduction from their gross income, equivalent to fifteen percent (15%) of the total amount paid as salaries and wages to senior citizens, subject to the provision of Section 34 of the NIRC, as amended: Provided, however, That such employment shall continue for a period of at least six (6) months: Provided, further, That the annual income of the senior citizen does not exceed the latest poverty threshold as determined by the National Statistical Coordination Board (NSCB) of the National Economic and Development Authority (NEDA) for that year.
"The Department of Labor and Employment (DOLE), in coordination with other government agencies such as, but not limited to, the Technology and Livelihood Resource Center (TLRC) and the Department of Trade and Industry (DTI), shall assess, design and implement training programs that will provide skills and welfare or livelihood support for senior citizens.
"(b) Education
"The Department of Education (DepED), the Technical Education and Skills Development Authority (TESDA) and the Commission on Higher Education (CHED), in consultation with nongovernmental organizations (NGOs) and people's organizations (POs) for senior citizens, shall institute programs that will ensure access to formal and nonformal education.
"(c) Health
"The DOH, in coordination with local government units (LGUs), NGOs and POs for senior citizens, shall institute a national health program and shall provide an integrated health service for senior citizens. It shall train community-based health workers among senior citizens and health personnel to specialize in the geriatric care and health problems of senior citizens.
"The national health program for senior citizens shall, among others, be harmonized with the National Prevention of Blindness Program of the DOH.
"Throughout the country, there shall be established a "senior citizens' ward" in every government hospital. This geriatric ward shall be for the exclusive use of senior citizens who are in need of hospital confinement by reason of their health conditions. However, when urgency of public necessity purposes so require, such geriatric ward may be used for emergency purposes, after which, such "senior citizens' ward" shall be reverted to its nature as geriatric ward.
"(d) Social Services
"At least fifty percent (50%) discount shall be granted on the consumption of electricity, water, and telephone by the senior citizens center and residential care/group homes that are government-run or non-stock, non-profit domestic corporation organized and operated primarily for the purpose of promoting the well-being of abandoned, neglected, unattached, or homeless senior citizens, subject to the guidelines formulated by the DSWD.
"(1) "self and social enhancement services" which provide senior citizens opportunities for socializing, organizing, creative expression, and self-improvement;
"(2) "after care and follow-up services" for citizens who are discharged from the homes or institutions for the aged, especially those who have problems of reintegration with family and community, wherein both the senior citizens and their families are provided with counseling;
"(3) "neighborhood support services" wherein the community or family members provide caregiving services to their frail, sick, or bedridden senior citizens; and
"(4) "substitute family care " in the form of residential care or group homes for the abandoned, neglected, unattached or homeless senior citizens and those incapable of self-care.
"(e) Housing
"The national government shall include in its national shelter program the special housing needs of senior citizens, such as establishment of housing units for the elderly.
"(f) Access to Public Transport
"The Department of Transportation and Communications (DOTC) shall develop a program to assist senior citizens to fully gain access to public transport facilities.
"(g) Incentive for Foster Care
"The government shall provide incentives to individuals or nongovernmental institution caring for or establishing homes, residential communities or retirement villages solely for, senior citizens, as follows:
"(1) realty tax holiday for the first five (5) years starting from the first year of operation; and
"(2) priority in the construction or maintenance of provincial or municipal roads leading to the aforesaid home, residential community or retirement village.
"(h) Additional Government Assistance
"(1) Social Pension
"Indigent senior citizens shall be entitled to a monthly stipend amounting to Five hundred pesos (Php500.00) to augment the daily subsistence and other medical needs of senior citizens, subject to a review every two (2) years by Congress, in consultation with the DSWD.
"(2) Mandatory PhilHealth Coverage
"All indigent senior citizens shall be covered by the national health insurance program of PhilHealth. The LGUs where the indigent senior citizens resides shall allocate the necessary funds to ensure the enrollment of their indigent senior citizens in accordance with the pertinent laws and regulations.
"(3) Social Safety Nets
"Social safety assistance intended to cushion the effects of economics shocks, disasters and calamities shall be available for senior citizens. The social safety assistance which shall include, but not limited to, food, medicines, and financial assistance for domicile repair, shall be sourced from the disaster/calamity funds of LGUs where the senior citizens reside, subject to the guidelimes to be issued by the DSWD."
Section 6. Section 6 of the same Act, as amended, is heeby further amended to read as follows:
SEC. 6. The Office for Senior Citizens Affairs (OSCA). - There shall be established in all cities and municipalities an OSCA to be headed by a senior citizen who shall be appointed by the mayor for a term of three (3) years without reappointment but without prejudice to an extension if exigency so requires. Said appointee shall be chosen from a list of three (3) nominees as recommended by a general assembly of senior citizens organizations in the city or municipality.
"The head of the OSCA shall be appointed to serve the interest of senior citizens and shall not be removed or replaced except for reasons of death permanent disability or ineffective performance of his duties to the detriment of fellow senior citizens.
"The head of the OSCA shall be entitled to receive an honorarium of an amount at least equivalent to Salary Grade 10 to be approved by the LGU concerned.
"The head of the OSCA shall be assisted by the City Social Welfare and Development officer or by the Municipal Social Welfare and Development Officer, in coordination with the Social Welfare and Development Office.
"The Office of the Mayor shall exercise supervision over the OSCA relative to their plans, activities and programs for senior citizens. The OSCA shall work together and establish linkages with accredited NGOs Pos and the barangays in their respective areas.
"The OSCA shall have the following functions:
"(a) To plan, implement and monitor yearly work programs in pursuance of the objectives of this Act;
"(b) To draw up a list of available and required services which can be provided by the senior citizens;
"(c) To maintain and regularly update on a quarterly basis the list of senior citizens and to issue national individual identification cards, free of charge, which shall be valid anywhere in the country;
"(d) To serve as a general information and liason center for senior citizens;
"(e) To monitor compliance of the provisions of this Act particularly the grant of special discounts and privileges to senior citizens;
"(f) To report to the mayor, any individual, establishments, business entity, institutions or agency found violating any provision of this Act; and
"(g) To assist the senior citizens in filing complaints or charges against any individual, establishments, business entity, institution, or agency refusing to comply with the privileges under this Act before the Department of Justice (DOJ), the Provincial Prosecutor's Office, the regional or the municipal trial court, the municipal trial court in cities, or the municipal circuit trial court."
Section 7. Section 10 of the same Act, as amended, is hereby further amended to read as follows:
"SEC. 10. Penalties. - Any person who refuses to honor the senior citizen card issued by this the government or violates any provision of this Act shall suffer the following penalties:
"(a) For the first violation, imprisonment of not less than two (2) years but not more than six (6) years and a fine of not less than Fifty thousand pesos (Php50,000.00) but not exceeding One hundred thousand pesos (Php100,000.00);
"(b) For any subsequent violation, imprisonment of not less than two (2) years but not more than six (6) years and a fine of not less than One Hundred thousand pesos (Php100,000.00) but not exceeding Two hundred thousand pesos (Php200,000.00); and
"(c) Any person who abuses the privileges granted herein shall be punished with imprisonment of not less than six (6) months and a fine of not less than Fifty thousand pesos (Php50,000.00) but not more than One hundred thousand pesos (Php100,000.00).
"If the offender is a corporation, partnership, organization or any similar entity, the officials thereof directly involved such as the president, general manager, managing partner, or such other officer charged with the management of the business affairs shall be liable therefor.
"If the offender is an alien or a foreigner, he/she shall be deported immediately after service of sentence.
"Upon filing of an appropriate complaint, and after due notice and hearing, the proper authorities may also cause the cancellation or revocation of the business permit, permit to operate, franchise and other similar privileges granted to any person, establishment or business entity that fails to abide by the provisions of this Act."
Section 8. Section 11 of the same Act, as amended, is hereby further amended to read as follows:
"SEC. 11. Monitoring and Coordinating Mechanism. - A National Coordinating and Monitoring Board shall be established which shall be composed of the following:
"(a) Chairperson - the Secretary of the DSWD or an authorized representative;
"(b) Vice Chairperson - the Secretary of the Department of the Interior and Local Government (DILG) or an authorized representative; and
"(c) Members:
"(1) the Secretary of the DOJ or an authorized representative;
"(2) the Secretary of the DOH or an authorized representative;
"(3) the Secretary of the DTI or an authorized representative; and
(4) representatives from five (5) NGOs for senior citizens which are duly accredited by the DSWD and have service primarily for senior citizens. Representatives of NGOs shall serve a period of tree (3) years.
"The Board may call on other government agencies, NGOs and Pos to serve as resource persons as the need arises. Resource person have no right to vote in the National Coordinating and Monitoring Board."
Section 9. Implementing Rules and Regulations. - Within sixty (60) days from theeffectivity of this Act, the Secretary of the DSWD shall formulate and adopt amendments to the existing rules and regulations implementing Republic Act No. 7432, as amended by Republic Act No. 9257, to carry out the objectives of this Act, in consultation with the Department of Finance, the Department of Tourism, the Housing and Urban Development Coordinating Council (HUDCC), the DOLE, the DOJ, the DILG, the DTI, the DOH, the DOTC, the NEDA, the DepED, the TESDA, the CHED, and five (5) NGOs or POs for the senior citizens duly accredited by the DSWD. The guidelines pursuant to Section 4(a)(i) shall be established by the DOH within sixty (60) days upon the effectivity of this Act.
Section 10. Appropriations. - The Necessary appropriations for the operation and maintenance of the OSCA shall be appropriated and approved by the LGUs concerned. For national government agencies, the requirements to implement the provisions of this Act shall be included in their respective budgets: Provided, That the funds to be used for the national health program and for the vaccination of senior citizens in the first year of the DOH and thereafter, as a line item under the under the DOH budget in the subsequent General Appropriations Act (GAA): Provided, further, That the monthly social pension for indigent senior citizens in the first year of implementation shall be added to the regular appropriations of the DSWD budget in the subsequent GAA.
Section 11. Repealing Clause. - All law, executive orders, rules and regulations or any part hereof inconsistent herewith are deemed repealed or modified accordingly.
Section 12. Separability Clause. - If any part or provision of this Act shall be declared unconstitutional and invalid, such 18 declaration shall not invalidate other parts thereof which shall remain in full force and effect.
Section 13. Effectivity. - This Act shall take effect fifteen (15) days its complete publication n the Official Gazette or in at least two (2) newspapers of general circulation, whichever comes earlier.
Approved
(Sgd.) PROSPERO C. NOGRALES
Speaker of the House of Representatives (Sgd.) JUAN PONCE ENRILE
President of the Senate
This Act which is a consolidation of Senate Bill No. 3561 and House Bill No. 6390 was finally passed by the Senate and the House of Representatives on January 27, 2010.
(Sgd.) MARILYN B. BARUA-YAP
Secretary General
House of Represenatives
(Sgd.) EMMA LIRIO-REYES
Secretary of Senate
Approved: FEB 15, 2010
(Sgd.) GLORIA MACAPAGAL-ARROYO
President of the Philippines
CONGRESS OF THE PHILIPPINES
Metro Manila
Fourteenth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand nine.
Republic Act No. 9994
AN ACT GRANTING ADDITIONAL BENEFITS AND PRIVILEGES TO SENIOR CITIZENS, FURTHER AMENDING REPUBLIC ACT NO. 7432, AS AMENDED, OTHERWISE KNOWN AS "AN ACT TO MAXIMIZE THE CONTRIBUTION OF SENIOR CITIZENS TO NATION BUILDING, GRANT BENEFITS AND SPECIAL PRIVILEGES AND FOR OTHER PURPOSES"
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Title. - This Act Shall be known as the "Expanded Senior Citizens Act of 2010."
Section 2. Section 1 of Republic Act No. 7432, as amended by Republic Act No. 9257, otherwise known as the "Expanded Senior Citizens Act of 2003", is hereby further amended to read as follows:
"SECTION 1. Declaration of Policies and Objectives. - As provided in the Constitution of the Republic of the Philippines, it is the declared policy of the State to promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living and an improved quality of life. In the Declaration of Principles and State Policies in Article II, Sections 10 and 11, it is further declared that the State shall provide social justice in all phases of national development and that the State values the dignity of every human person and guarantees full respect for human rights.
"Article XIII, Section 11 of the Constitution provides that the Sate shall adopt an integrated and comprehensive approach to health development which shall endeavor to make essential goods, health and other social services available to all the people at affordable cost. There shall be priority for the needs of the underprivileged, sick, elderly, disabled, women and children. Article XV, Section 4 of the Constitution Further declares that it is the duty of the family to take care of its elderly members while the State may design programs of social security for them.
"Consistent with these constitutional principles, this Act shall serve the following objectives:
"(a) To recognize the rights of senior citizens to take their proper place in society and make it a concern of the family, community, and government;
"(b) To give full support to the improvement of the total well-being of the elderly and their full participation in society, considering that senior citizens are integral part of Philippine society;
"(c) To motivate and encourage the senior citizens to contribute to nation building;
"(d) To encourage their families and the communities they live with to reaffirm the valued Filipino tradition of caring for the senior citizens;
"(e) To provide a comprehensive health care and rehabilitation system for disabled senior citizens to foster their capacity to attain a more meaningful and productive ageing; and
"(f) To recognize the important role of the private sector in the improvement of the welfare of senior citizens and to actively seek their partnership.
"In accordance with these objectives, this Act shall:
"(1) establish mechanisms whereby the contributions of the senior citizens are maximized;
"(2) adopt measures whereby our senior citizens are assisted and appreciated by the community as a whole;
"(3) establish a program beneficial to the senior citizens, their families and the rest of the community they serve: and
"(4) establish community-based health and rehabilitation programs for senior citizens in every political unit of society."
Section 3. Section 2 of Republic Act No. 7432, as amended by Republic Act No. 9257, otherwise known as the Expanded Senior Citizens Act of 2003", is hereby further amended to read as follows:
SEC. 2. Definition of terms. - For purposes of this Act, these terms are defined as follows:
"(a) Senior citizen or elderly refers to any resident citizen of the Philippines at least sixty (60) years old;
"(b) Geriatrics refer to the branch of medical science devoted to the study of the biological and physical changes and the diseases of old age;
"(c) Lodging establishment refers to a building, edifice, structure, apartment or house including tourist inn, apartelle, motorist hotel, and pension house engaged in catering, leasing or providing facilities to transients, tourists or travelers;
"(d) Medical Services refer to hospital services, professional services of physicians and other health care professionals and diagnostics and laboratory tests that the necessary for the diagnosis or treatment of an illness or injury;
"(e) Dental services to oral examination, cleaning, permanent and temporary filling, extractions and gum treatments, restoration, replacement or repositioning of teeth, or alteration of the alveolar or periodontium process of the maxilla and the mandible that are necessary for the diagnosis or treatment of an illness or injury;
"(f) Nearest surviving relative refers to the legal spouse who survives the deceased senior citizen: Provided, That where no spouse survives the decedent, this shall be limited to relatives in the following order of degree of kinship: children, parents, siblings, grandparents, grandchildren, uncles and aunts;
"(g) Home health care service refers to health or supportive care provided to the senior citizen patient at home by licensed health care professionals to include, but not limited to, physicians, nurses, midwives, physical therapist and caregivers; and
"(h) Indigent senior citizen, refers to any elderly who is frail, sickly or with disability, and without pension or permanent source of income, compensation or financial assistance from his/her relatives to support his/her basic needs, as determined by the Department of Social Welfare and development (DSWD) in consultation with the National Coordinating and Monitoring Board."
Section 4 Section 4 of Republic Act No. 7432, as amended by Republic Act No. 9257, otherwise known as the "Expanded Senior Citizens Act of 2003", is hereby further amended to read as follows:
"SEC. 4. Privileges for the Senior Citizens. -
The senior citizens shall be entitled to the following:
"(a) the grant of twenty percent (20%) discount and exemption from the value -added tax (VAT), if applicable, on the sale of the following goods and services from all establishments, for the exclusive use and enjoyment or availment of the senior citizen
"(1) on the purchase of medicines, including the purchase of influenza and pnuemococcal vaccines, and such other essential medical supplies, accessories and equipment to be determined by the Department of Health (DOH).
"The DOH shall establish guidelines and mechanism of compulsory rebates in the sharing of burden of discounts among retailers, manufacturers and distributors, taking into consideration their respective margins;
"(2) on the professional fees of attending physician/s in all private hospitals, medical facilities, outpatient clinics and home health care services;
"(3) on the professional fees of licensed professional health providing home health care services as endorsed by private hospitals or employed through home health care employment agencies;
"(4) on medical and dental services, diagnostic and laboratory fees in all private hospitals, medical facilities, outpatient clinics, and home health care services, in accordance with the rules and regulations to be issued by the DOH, in coordination with the Philippine Health Insurance Corporation (PhilHealth);
"(5) in actual fare for land transportation travel in public utility buses (PUBs), public utility jeepneys (PUJs), taxis, Asian utility vehicles (AUVs), shuttle services and public railways, including Light Rail Transit (LRT), Mass Rail Transit (MRT), and Philippine National Railways (PNR);
"(6) in actual transportation fare for domestic air transport services and sea shipping vessels and the like, based on the actual fare and advanced booking;
"(7) on the utilization of services in hotels and similar lodging establishments, restaurants and recreation centers;
"(8) on admission fees charged by theaters, cinema houses and concert halls, circuses, leisure and amusement; and
"(9) on funeral and burial services for the death of senior citizens;
"(b) exemption from the payment of individual income taxes of senior citizens who are considered to be minimum wage earners in accordance with Republic Act No. 9504;
"(c) the grant of a minimum of five percent (5%) discount relative to the monthly utilization of water and electricity supplied by the public utilities: Provided, That the individual meters for the foregoing utilities are registered in the name of the senior citizen residing therein: Provided, further, That the monthly consumption does not exceed one hundred kilowatt hours (100 kWh) of electricity and thirty cubic meters (30 m3) of water: Provided, furthermore, That the privilege is granted per household regardless of the number of senior citizens residing therein;
"(d) exemption from training fees for socioeconomic programs;
"(e) free medical and dental services, diagnostic and laboratory fees such as, but not limited to, x-rays, computerized tomography scans and blood tests, in all government facilities, subject to the guidelines to be issued by the DOH in coordination with the PhilHealth;
"(f) the DOH shall administer free vaccination against the influenza virus and pneumococcal disease for indigent senior citizen patients;
"(g) educational assistance to senior citizens to pursue pot secondary, tertiary, post tertiary, vocational and technical education, as well as short-term courses for retooling in both public and private schools through provision of scholarships, grants, financial aids, subsides and other incentives to qualified senior citizens, including support for books, learning materials, and uniform allowances, to the extent feasible: Provided, That senior citizens shall meet minimum admission requirements;
"(h) to the extent practicable and feasible, the continuance of the same benefits and privileges given by the Government Service Insurance System (GSIS), the Social Security System (SSS) and the PAG-IBIG, as the case may be, as are enjoyed by those in actual service;
"(i) retirement benefits of retirees from both the government and the private sector shall be regularly reviewed to ensure their continuing responsiveness and sustainability, and to the extent practicable and feasible, shall be upgraded to be at par with the current scale enjoyed by those in actual service;
"(j) to the extent possible, the government may grant special discounts in special programs for senior citizens on purchase of basic commodities, subject to the guidelines to be issued for the purpose by the Department of Trade and Industry (DTI) and the Department of Agriculture (DA);
"(k) provision of express lanes for senior citizens in all commercial and government establishments; in the absence thereof, priority shall be given to them; and
"(l) death benefit assistance of a minimum of Two thousand pesos (Php2, 000.00) shall be given to the nearest surviving relative of a deceased senior citizen which amount shall be subject to adjustments due to inflation in accordance with the guidelines to be issued by the DSWD.1avvphi1
"In the availment of the privileges mentioned above, the senior citizen, or his/her duly authorized representative, may submit as proof of his/her entitled thereto any of the following:
"(1) an identification card issued by the Office of the Senior Citizen Affairs (OSCA) of the place where the senior citizen resides: Provided, That the identification card issued by the particular OSCA shall be honored nationwide;
"(2) the passport of the senior citizen concerned; and
"(3) other documents that establish that the senior citizen is a citizen of the Republic and is at least sixty (60) years of age as further provided in the implementing rules and regulations.
"In the purchase of goods and services which are on promotional discount, the senior citizen can avail of the promotional discount or the discount provided herein, whichever is higher.
"The establishment may claim the discounts granted under subsections (a) and (c) of this section as tax deduction based on the cost of the goods sold or services rendered: Provided, That the cost of the discount shall be allowed as deduction from gross income for the same taxable year that the discount is granted: Provided, further, That the total amount of the claimed tax deduction net of VAT, if applicable, shall be included in their gross sales receipts for tax purposes and shall be subject to proper documentation and to the provisions of the National Internal Revenue Code (NICR), as amended."
Section 5. Section 5 of the same Act, as amended, is hereby further amended to read as follows:
"SEC. 5. Government Assistance. - The government shall provide the following:
"(a) Employment
"Senior citizens who have the capacity and desire to work, or be re-employed, shall be provided information and matching services to enable them to be productive members of society. Terms of employment shall conform with the provisions of the Labor Code, as amended, and other laws, rules and regulations.
"Private entities that will employ senior citizens as employees, upon the effectivity of this Act, shall be entitled to an additional deduction from their gross income, equivalent to fifteen percent (15%) of the total amount paid as salaries and wages to senior citizens, subject to the provision of Section 34 of the NIRC, as amended: Provided, however, That such employment shall continue for a period of at least six (6) months: Provided, further, That the annual income of the senior citizen does not exceed the latest poverty threshold as determined by the National Statistical Coordination Board (NSCB) of the National Economic and Development Authority (NEDA) for that year.
"The Department of Labor and Employment (DOLE), in coordination with other government agencies such as, but not limited to, the Technology and Livelihood Resource Center (TLRC) and the Department of Trade and Industry (DTI), shall assess, design and implement training programs that will provide skills and welfare or livelihood support for senior citizens.
"(b) Education
"The Department of Education (DepED), the Technical Education and Skills Development Authority (TESDA) and the Commission on Higher Education (CHED), in consultation with nongovernmental organizations (NGOs) and people's organizations (POs) for senior citizens, shall institute programs that will ensure access to formal and nonformal education.
"(c) Health
"The DOH, in coordination with local government units (LGUs), NGOs and POs for senior citizens, shall institute a national health program and shall provide an integrated health service for senior citizens. It shall train community-based health workers among senior citizens and health personnel to specialize in the geriatric care and health problems of senior citizens.
"The national health program for senior citizens shall, among others, be harmonized with the National Prevention of Blindness Program of the DOH.
"Throughout the country, there shall be established a "senior citizens' ward" in every government hospital. This geriatric ward shall be for the exclusive use of senior citizens who are in need of hospital confinement by reason of their health conditions. However, when urgency of public necessity purposes so require, such geriatric ward may be used for emergency purposes, after which, such "senior citizens' ward" shall be reverted to its nature as geriatric ward.
"(d) Social Services
"At least fifty percent (50%) discount shall be granted on the consumption of electricity, water, and telephone by the senior citizens center and residential care/group homes that are government-run or non-stock, non-profit domestic corporation organized and operated primarily for the purpose of promoting the well-being of abandoned, neglected, unattached, or homeless senior citizens, subject to the guidelines formulated by the DSWD.
"(1) "self and social enhancement services" which provide senior citizens opportunities for socializing, organizing, creative expression, and self-improvement;
"(2) "after care and follow-up services" for citizens who are discharged from the homes or institutions for the aged, especially those who have problems of reintegration with family and community, wherein both the senior citizens and their families are provided with counseling;
"(3) "neighborhood support services" wherein the community or family members provide caregiving services to their frail, sick, or bedridden senior citizens; and
"(4) "substitute family care " in the form of residential care or group homes for the abandoned, neglected, unattached or homeless senior citizens and those incapable of self-care.
"(e) Housing
"The national government shall include in its national shelter program the special housing needs of senior citizens, such as establishment of housing units for the elderly.
"(f) Access to Public Transport
"The Department of Transportation and Communications (DOTC) shall develop a program to assist senior citizens to fully gain access to public transport facilities.
"(g) Incentive for Foster Care
"The government shall provide incentives to individuals or nongovernmental institution caring for or establishing homes, residential communities or retirement villages solely for, senior citizens, as follows:
"(1) realty tax holiday for the first five (5) years starting from the first year of operation; and
"(2) priority in the construction or maintenance of provincial or municipal roads leading to the aforesaid home, residential community or retirement village.
"(h) Additional Government Assistance
"(1) Social Pension
"Indigent senior citizens shall be entitled to a monthly stipend amounting to Five hundred pesos (Php500.00) to augment the daily subsistence and other medical needs of senior citizens, subject to a review every two (2) years by Congress, in consultation with the DSWD.
"(2) Mandatory PhilHealth Coverage
"All indigent senior citizens shall be covered by the national health insurance program of PhilHealth. The LGUs where the indigent senior citizens resides shall allocate the necessary funds to ensure the enrollment of their indigent senior citizens in accordance with the pertinent laws and regulations.
"(3) Social Safety Nets
"Social safety assistance intended to cushion the effects of economics shocks, disasters and calamities shall be available for senior citizens. The social safety assistance which shall include, but not limited to, food, medicines, and financial assistance for domicile repair, shall be sourced from the disaster/calamity funds of LGUs where the senior citizens reside, subject to the guidelimes to be issued by the DSWD."
Section 6. Section 6 of the same Act, as amended, is heeby further amended to read as follows:
SEC. 6. The Office for Senior Citizens Affairs (OSCA). - There shall be established in all cities and municipalities an OSCA to be headed by a senior citizen who shall be appointed by the mayor for a term of three (3) years without reappointment but without prejudice to an extension if exigency so requires. Said appointee shall be chosen from a list of three (3) nominees as recommended by a general assembly of senior citizens organizations in the city or municipality.
"The head of the OSCA shall be appointed to serve the interest of senior citizens and shall not be removed or replaced except for reasons of death permanent disability or ineffective performance of his duties to the detriment of fellow senior citizens.
"The head of the OSCA shall be entitled to receive an honorarium of an amount at least equivalent to Salary Grade 10 to be approved by the LGU concerned.
"The head of the OSCA shall be assisted by the City Social Welfare and Development officer or by the Municipal Social Welfare and Development Officer, in coordination with the Social Welfare and Development Office.
"The Office of the Mayor shall exercise supervision over the OSCA relative to their plans, activities and programs for senior citizens. The OSCA shall work together and establish linkages with accredited NGOs Pos and the barangays in their respective areas.
"The OSCA shall have the following functions:
"(a) To plan, implement and monitor yearly work programs in pursuance of the objectives of this Act;
"(b) To draw up a list of available and required services which can be provided by the senior citizens;
"(c) To maintain and regularly update on a quarterly basis the list of senior citizens and to issue national individual identification cards, free of charge, which shall be valid anywhere in the country;
"(d) To serve as a general information and liason center for senior citizens;
"(e) To monitor compliance of the provisions of this Act particularly the grant of special discounts and privileges to senior citizens;
"(f) To report to the mayor, any individual, establishments, business entity, institutions or agency found violating any provision of this Act; and
"(g) To assist the senior citizens in filing complaints or charges against any individual, establishments, business entity, institution, or agency refusing to comply with the privileges under this Act before the Department of Justice (DOJ), the Provincial Prosecutor's Office, the regional or the municipal trial court, the municipal trial court in cities, or the municipal circuit trial court."
Section 7. Section 10 of the same Act, as amended, is hereby further amended to read as follows:
"SEC. 10. Penalties. - Any person who refuses to honor the senior citizen card issued by this the government or violates any provision of this Act shall suffer the following penalties:
"(a) For the first violation, imprisonment of not less than two (2) years but not more than six (6) years and a fine of not less than Fifty thousand pesos (Php50,000.00) but not exceeding One hundred thousand pesos (Php100,000.00);
"(b) For any subsequent violation, imprisonment of not less than two (2) years but not more than six (6) years and a fine of not less than One Hundred thousand pesos (Php100,000.00) but not exceeding Two hundred thousand pesos (Php200,000.00); and
"(c) Any person who abuses the privileges granted herein shall be punished with imprisonment of not less than six (6) months and a fine of not less than Fifty thousand pesos (Php50,000.00) but not more than One hundred thousand pesos (Php100,000.00).
"If the offender is a corporation, partnership, organization or any similar entity, the officials thereof directly involved such as the president, general manager, managing partner, or such other officer charged with the management of the business affairs shall be liable therefor.
"If the offender is an alien or a foreigner, he/she shall be deported immediately after service of sentence.
"Upon filing of an appropriate complaint, and after due notice and hearing, the proper authorities may also cause the cancellation or revocation of the business permit, permit to operate, franchise and other similar privileges granted to any person, establishment or business entity that fails to abide by the provisions of this Act."
Section 8. Section 11 of the same Act, as amended, is hereby further amended to read as follows:
"SEC. 11. Monitoring and Coordinating Mechanism. - A National Coordinating and Monitoring Board shall be established which shall be composed of the following:
"(a) Chairperson - the Secretary of the DSWD or an authorized representative;
"(b) Vice Chairperson - the Secretary of the Department of the Interior and Local Government (DILG) or an authorized representative; and
"(c) Members:
"(1) the Secretary of the DOJ or an authorized representative;
"(2) the Secretary of the DOH or an authorized representative;
"(3) the Secretary of the DTI or an authorized representative; and
(4) representatives from five (5) NGOs for senior citizens which are duly accredited by the DSWD and have service primarily for senior citizens. Representatives of NGOs shall serve a period of tree (3) years.
"The Board may call on other government agencies, NGOs and Pos to serve as resource persons as the need arises. Resource person have no right to vote in the National Coordinating and Monitoring Board."
Section 9. Implementing Rules and Regulations. - Within sixty (60) days from theeffectivity of this Act, the Secretary of the DSWD shall formulate and adopt amendments to the existing rules and regulations implementing Republic Act No. 7432, as amended by Republic Act No. 9257, to carry out the objectives of this Act, in consultation with the Department of Finance, the Department of Tourism, the Housing and Urban Development Coordinating Council (HUDCC), the DOLE, the DOJ, the DILG, the DTI, the DOH, the DOTC, the NEDA, the DepED, the TESDA, the CHED, and five (5) NGOs or POs for the senior citizens duly accredited by the DSWD. The guidelines pursuant to Section 4(a)(i) shall be established by the DOH within sixty (60) days upon the effectivity of this Act.
Section 10. Appropriations. - The Necessary appropriations for the operation and maintenance of the OSCA shall be appropriated and approved by the LGUs concerned. For national government agencies, the requirements to implement the provisions of this Act shall be included in their respective budgets: Provided, That the funds to be used for the national health program and for the vaccination of senior citizens in the first year of the DOH and thereafter, as a line item under the under the DOH budget in the subsequent General Appropriations Act (GAA): Provided, further, That the monthly social pension for indigent senior citizens in the first year of implementation shall be added to the regular appropriations of the DSWD budget in the subsequent GAA.
Section 11. Repealing Clause. - All law, executive orders, rules and regulations or any part hereof inconsistent herewith are deemed repealed or modified accordingly.
Section 12. Separability Clause. - If any part or provision of this Act shall be declared unconstitutional and invalid, such 18 declaration shall not invalidate other parts thereof which shall remain in full force and effect.
Section 13. Effectivity. - This Act shall take effect fifteen (15) days its complete publication n the Official Gazette or in at least two (2) newspapers of general circulation, whichever comes earlier.
Approved
(Sgd.) PROSPERO C. NOGRALES
Speaker of the House of Representatives (Sgd.) JUAN PONCE ENRILE
President of the Senate
This Act which is a consolidation of Senate Bill No. 3561 and House Bill No. 6390 was finally passed by the Senate and the House of Representatives on January 27, 2010.
(Sgd.) MARILYN B. BARUA-YAP
Secretary General
House of Represenatives
(Sgd.) EMMA LIRIO-REYES
Secretary of Senate
Approved: FEB 15, 2010
(Sgd.) GLORIA MACAPAGAL-ARROYO
President of the Philippines
THE 2009 REVISED RULES OF PROCEDURE OF THE COMMISSION ON AUDIT
Republic of the Philippines
COMMISSION ON AUDIT
Commonwealth Avenue, Quezon City, Philippines
THE 2009 REVISED RULES OF PROCEDURE OF THE COMMISSION ON AUDIT
Pursuant to Section 6 of Article IX-A of the 1987 Constitution, and by virtue of the powers vested in it by existing laws, the Commission on Audit hereby promulgates the following rules governing pleadings and practice before it.
RULE I
INTRODUCTORY PROVISIONS
Section 1. Title - These rules shall be known and cited as the "2009 Revised Rules of Procedure of the Commission on Audit".
Section 2. Applicability. - These Rules shall govern the pleadings and practice in the Commission on Audit in all matters, actions and proceedings originally acted upon by or appealed to it in the exercise of its quasi-judicial function, including administrative cases.
Section 3. Construction. - These Rules shall be liberally construed on order to effectively carry out the power, authority and duty of the Commission on Audit as vested upon it by the Constitution and the existing laws, and to achieve just timely and inexpensive determination and disposition of any matter or case before it.
Section 4. Meaning of the Words. - Whenever used in these Rules, the words or terms below shall have the meaning indicated.
a. Accounts - the bookkeeping records, including journals, ledgers vouchers, and other supporting papers; a detailed statement of items of debits and credits
b. Adjudication and Settlement Board (ASB) - a body composed of assistant Commissioners authorized to exercise adjudication functions
c. Appeal - the process the elevating to a higher authority as provided in these Rules any decision order or ruling of the Commission or any of its duly authorized representatives.
d. Appellant - the party who appeals the final order or decision of the Auditor, Director or the Adjudication and settlement Board (ASB)
e. Appellee - the Auditor, Director, or ASB whose order or decision is the subject of the appeal.
f. Auditor - the head of an auditing unit, group or team of the Commission on Audit
g. Chairman - the Chairman of the Commission on Audit or Presiding Officer of the Commission Proper
h. Charge - inclusion or addition to an accountability pertaining to the assessment, appraisal or collection of revenues, receipts and other incomes such as those arising from under-appraisal, under-assesment under-collection
i. COA Order of Execution (COE) - a written instruction to withhold payment of salary and other and other money due to persons liable, for the settlement of their family
j. Commission - the Commission on Audit
k. Commission Proper (CP) - the Chairman and the two Commissioners. In case any member of the CP has not been appointed and assumed his functions, the incumbent members shall be deemed the CP
l. Commissioner - a Commissioner of the of the Commission on Audit
m. Director - the lead head of a Central Office Audit Cluster in the National, Local or Corporate sector, or of a Regional Office of the Commission
n. Disallowance - the disapproval in audit of a transaction, either in whole or in part. The term applies to the audit of disbursements a s distinguished from "charge" which applies to the audit of revenues/receipts.
o. Government agency or agency of the government or agency. - any department, bureau or office of the National Government, or any of its branches and instrumentalities or any local government unit, as well as any government-owned or controlled corporation, including its subsidiaries, or other self-governing board or commission of the government
p. Interlocutory order - an order issued by the Commission Proper or any of its Members, other than the final decision
q. Member - the Chairman or a Commissioner
r. Money claim - a demand for payment of a sum of money, reimbursement or compensation arising from law, or contract due from or owing to a government agency;
s. Notice of Finality of Decision (NFD) - a written notification that a decision of the Commission on Audit has become final and executory
t. Petitioner - the party who submits a money claim or who appeals the final order or decision of the Director or the ASB to the Commission Proper;
u. Record of the case - consists of the pleadings, documents and papers filed with the Commission, which support the decision or action subject of appeal. In case of audit disallowances/charges, the papers shall include certified true copies of the notice of suspension, notice of disallowance/charge and the pertinent working papers and relevant evidence;
v. Respondent - in administrative cases, the term refers to an employee of the Commission charged with offenses punishable under Civil Service laws. In cases of petitions or money claims, the term refers to the party required to answer the petition;
w. Secretary - the head of the Commission Secretariat.
RULE II
JURISDICTION AND POWERS OF THE COMMISSION ON AUDIT
Section 1. General jurisdiction - The Commission on Audit shall have the power, authority, and duty to examine, audit and settle all accounts pertaining to the revenues and receipts of, and expenditures or uses of funds and property, owned or held in trust by, or pertaining to the Government, or any of its subdivisions, agencies, or instrumentalities, including government-owned and controlled corporations with original charters, and on a post-audit basis: (a) constitutional bodies, commissions and offices that have been granted fiscal autonomy under the Constitution; (b) autonomous state colleges and universities; (c) other government-owned or controlled corporations and their subsidiaries; and (d) such non-governmental entities receiving subsidy or equity directly or indirectly, from or through the government, which are required by the law or granting institution to submit to such audit as a condition of subsidy or equity. However, where the internal control system of the audited agencies is inadequate, the Commission may adopt such measures, including temporary or special pre-audit, as are necessary and appropriate to correct the deficiencies. It shall keep the general accounts of the Government, and for such period as may be provided by law, preserve the vouchers and other supporting papers pertaining thereto.
The Commission shall have exclusive authority subject to the limitations in Article IX of the Constitution, to define the scope of its audit and examination, establish the techniques and methods required therefor, and promulgate accounting and auditing rules and regulations including those for the prevention and disallowance of irregular, unnecessary, excessive, extravagant, or unconscionable expenditures, or uses of government funds and properties.
Specifically, such jurisdiction shall extend over but not be limited to the following cases and matters:
a. Disallowance of expenditures or uses of government funds and properties found to be illegal, irregular, unnecessary, excessive, extravagant or unconscionable;
b. Money claims due from or owing to any government agency;
c. Determination of policies, promulgation of rules and regulations, and prescription of standards governing the performance by the Commission of its powers and functions;
d. Resolution of novel, controversial, complicated or difficult questions of law relating to government accounting and auditing;
e. Charges made in the audit of revenues and receipts resulting from under-appraisal, under-assessment or under-collection;
f. Audit of the books, records and accounts of public utilities as provided by law;
g. Visitorial power over non-governmental organizations (1) subsidized by the government, (2) those required to pay levies or government share, (3) those funded by donations through the government, (4) those for which government has put up a counterpart fund, or (5) those entrusted with government funds or properties;
h. Authorization and enforcement of the settlement of accounts subsisting between agencies of the government;
i. Compromise or release in whole or in part, of any settled claim or liability to any government agency;
j. Power to require the submission of papers relative to government obligations;
k. Opening and revision of settled accounts;
l. Retention of money due to a person for satisfaction of his indebtedness to the government;
m. Seizure by the Auditor of the office of the local treasurer found to have a shortage in cash;
n. Checking and audit of all property or supplies of the government agency;
o. Constructive distraint of property of any accountable officer with shortage in his accounts upon a finding of a prima facie case of malversation of public funds or property against him;
p. In coordination with appropriate legal bodies, collection of indebtedness founded to be due a government agency in the settlement and adjustment of its accounts by the Commission
Section 2. The powers and functions of the Chairman as Chief Executive Officer. - As Chief Executive Officer of the Commission, the Chairman shall (1) control and supervise the general administration of the Commission, (2) direct and manage the implementation and execution of policies, standards, rules and regulations promulgated by the Commission, and (3) control and supervise the audit of highly technical or confidential transactions or accounts of any government agency.
The two (2) Commissioners may assist in the general administration of the Commission, upon proper delegation by the Chairman.
Section 3. Powers, functions ad duties of Auditors as representatives of the Commission. - The Auditor shall exercise such power and functions as provided by law and as may be authorized by the Commission in the examination, audit and settlement of the accounts, funds, financial transactions and resources of the agencies under their respective audit jurisdiction.
Section 4. Appellate Jurisdiction, - The Directors shall have appellate jurisdiction over decision of Auditors in accordance with these Rules. Decision of the Directors mat be appellate to the ASB or the Commission Proper as the case may be.
Section 5. Entitles within the jurisdiction of the Commission. - The authority and powers of he Commission to examine, audit and settle all accounts extended to the following entities:
a. National Government, its departments, bureaus, agencies and offices, including Philippine embassies, consulates and other foreign-based government agencies.
b. Local Government units, their agencies, and other instrumentalities;
c. Government-owned and/or controlled corporations and their subsidiaries;
d. Constitutional bodies, commissions and offices that have been granted fiscal autonomy under the Constitution;
e. Autonomous state colleges and universities.
f. Public Utilities and Franchise grantees for rate determination and franchise tax;
g. Non-governmental entities subsidized by the government, those funded by donations through the government, those required to pay levies or government share, and those which the government has put up a counterpart funded by the government; and
h. Such other entities as may be provided by law to be under COA's jurisdiction.
RULE III
ORGANIZATIONAL STRUCTURES OF THE COMMISSION
PROPER AND HOW IT TRANSACTS
Section 1. The Commission Proper. - (1) For purpose of these rules and as a component of the organizational structure of the Commission, the Chairman and the two Commissioner shall together be known as the Commission Proper and as such shall be distinguished from the other components of the Commission consisting of the central and regional offices subsisting or which or hereinafter be created. (2) The Commission Proper shall sit as a body to determine policies, promulgate rules and regulations, and prescribe standards governing the performance by the Commission of its powers and functions. (3) The chairman shall act as the presiding officer of the Commission Proper and the Chief Executive Officer of the Commission.
Section 2. Regular session. - The commission Proper shall hold its regular session at the Commission Proper Board Room, CIA Central Office, Quezon City, every Tuesday and Thursday without need of call, unless it decides otherwise.
Section 3. Special session. - Whether public interest requires, the Chairman in his own initiative or upon recommendation of an of the two Commissioner may call a special session at the time and place designated bye the Commission Proper.
Section 4. Quorum and Voting. - The Commission Proper shall decide by a majority vote of all its members any case or matter brought before it within sixty (60) days from the date of its submission for decision or resolution. A case or matter is deemed submitted for decision or resolution upon the filing of the last pleading, brief or memorandum required by these Rules or the by the Commission Proper.
Section 5. Powers and duties of the Chairman as Presiding Officer. - As Presiding Officer, the powers and duties of the Chairman when discharging his functions in action or proceedings before the Commission Proper shall include the following:
a. To issue calls for the special session of the Commission Proper;
b. To approve the agenda for the session of the Commission Proper;
c. To preside over the session of the Commission Proper;
d. To participate in the deliberation of and vote during all regular and special session of the Commission Proper where any case issue or matter within its jurisdiction is under consideration;
e. To preserve order and decorum during the session;
f. To decide all question or order by any Member;
g. To summon the parties to a case brought before the Commission Proper for resolution.
h. To issue subpoena and subpoena duces tecum;
i. To administer oaths and otherwise take testimony in any investigation or inquiry on any matter within the jurisdiction of the Commission;
j. To sign interlocutory orders, resolutions or ruling in case not yet assigned to a Member;
k. To exercise such others powers and duties as are vested upon him by law or by the Commission Proper.
Section 6. Powers and Duties of the two (2) Commissioners, - As members of the Commission Proper, the powers and duties of the two (2) Commissioners shall include the following.
a. To attend, participate in the deliberations of, and vote during all regular and special sessions of the Commission Proper where any case, issues, or matter within its jurisdiction is under consideration;
b. To recommend to the Chairman the inclusion in the agenda of any case or matter deemed appropriate in the performance of his function;
c. To sign interlocutory orders, resolution or ruling incase and matters assigned to them to study and reporting;
d. To require the appearance of any official or employee of the Commission in order to obtain information pertinent to a case assigned to him, the formulation of the policy and the promulgation of accounting and auditing rules and regulations, or to direct the submission of any document, report, or record in the possession of such official or employee; and
e. To exercise such other powers as are vested upon him by law or by specific provisions of these Rules.
Section 7. The Commission Secretary. - The duties and functions of the Commission Secretary shall include the following:
a. To prepare the agenda for the session of the Commission Proper based in the priority set by it;
b. To prepare and keep the minutes of all sessions, hearings and conferences of the Commission Proper;
c. Te receive all communications for action of the Commission Proper and determine compliance of appellant/petitioner with the required payment of filing fee prior to referral to the Legal Services Sector or to other concerned Office as the case may be;
d. To keep a Docket wherein he shall enter in chronological order the cases and the proceedings thereon and a Book of Decisions which shall contain the original copy of the decision or resolutions rendered by the Commission Proper in the order of their dates;
e. To maintain for the Commission Proper a file of all Supreme Court Decisions involving the COA; and
f. To perform such related functions as may be authorized by law or regulations or upon instruction of the Commission Proper.
Section 8. Assistance to the Commission Proper. - The Commission Proper may request the assistance of the Assistant Commissioners, and the Directors of the Central and Regional Offices in the performance of its adjudicatory functions, in cases or matters related to the latter's respective functions and responsibilities.
Section 9. Power to issue subpoena and subpoena duces tecum. - The Chairman or any Commissioner of the Commission, the Assistant Commissioners, the Central Office Directors, the Auditors of any government agency, and any other official or employee of the Commission specially deputed in writing by the Chairman for the purpose shall, in compliance with the requirement of due process, have the power to summon the parties to a case brought before the Commission for resolution, issue subpoena and subpoena duces tecum, administer oaths , and otherwise take testimony in any investigation or inquiry on any matter within the jurisdiction of the Commission.
RULE IV
PROCEEDING BEFORE THE AUDITOR
Section 1. Auditors as representatives of the Commission. - The auditors shall exercise such powers and functions as may be authorized by the Commission in the examination, audit and settlement of the accounts, funds, financial transactions, and resources of the agencies under their respective audit jurisdiction.
Section 2. Role of the Auditor. - The Auditor shall maintain complete independence and exercise professional care and be guided by the applicable laws, regulations and the generally accepted principles of auditing and accounting in the performance of the audit work as well as in the preparation of audit and financial reports.
Section 3. Responsibility to obtain Sufficient Evidence. - The Auditor shall obtain, sufficient evidence to provide an appropriate factual bases for his opinions, conclusions, judgments and recommendations. He shall likewise be responsible for safeguarding the evidence needed to support his findings which may include (1) physical evidence such as the thing itself or sample thereof which is subject of the investigation or audit observation; (2) testimonial evidence such as sworn statements from witnesses, depositions and signed interview notes; (3) documentary evidence consisting of letters, contracts reports, photographs, extracts from books of accounts, invoices, receipts, and computer print-outs; (4) analytical evidence such as analysis sheets /working papers prepared; and (5) electronic evidence such as e-mail, text messages or multimedia messages. The technicalities of law and the rules governing the admissibility and sufficiency of evidence obtaining in the courts of law shall not strictly apply.
Section 4. Audit Disallowances/ Charges/ Suspensions - In the course of the audit, whenever there are differences arising from the settlement of accounts by reason of disallowances or charges, the auditor shall issue Notices of Disallowances/Charge (ND/NC) which shall issue Notices of Disallowance/Charge (ND/NC) which shall be considered as audit decisions, recommendations or dispositions shall be supported by applicable laws, regulations, jurisprudence and the generally accepted accounting and auditing principles. The Auditor may issue Notices of Suspension (NS) for transactions of doubtful legality/validity/ propriety to obtain further explanation or documentation.
Section 5. Relief from Accountability - The Auditor shall act on requests for relief from accountability for losses due to fortuitous events or natural calamities., or due to acts of man , i.e theft, robbery, arson , etc. involving amounts not exceeding one hundred thousand pesos (P100,000.00). The action of the auditor shall be deemed an audit decision.
Section 6. Number of Copies and Distribution. - The ND, NC, NS or other order or decision of the Auditor shall be prepared in such number of copies as may be necessary for distribution to the following: (1) original copy -to the head of agency being audited; (2)duplicate copy - to the Auditor for his record; (3) other copies to the agency officials directly affected by the results of the audit for whom specified action or a response from the results of audit and from whom specified action or a response from the results of audit is expected as may be provided by law or the pertinent rules and regulations of the Commission.
Section 7. Service of Copies of ND/NC/NS, Order or Decision - The ND, NC, NS, order, or decision shall be served to each of the persons liable/responsible by the Auditor, through personal service, or if not practicable through registered mail. In case there are several payees, as in the case of disallowed payroll, service to the accountant who shall be responsible for informing all payees concerned, shall constitute constructive service to all payees listed in the payroll.
Section 8. Finally of the Auditor's decision - Unless an appeal to the Director is taken, the decision of the Auditor shall become final upon the expiration of six (6) months from the date of receipt thereof.
Section 9. Motion for Reconsideration Not Allowed - The Auditor shall not entertain a motion for reconsideration of his audit decision, and any such motion shall be returned to the movant without action and with the advise for him to file an appeal instead to the Director pursuant to Rule V hereof.
RULE V
PROCEEDINGS BEFORE THE DIRECTOR
Section 1. Who may appeal. - An aggrieved party may appeal from the decision of the Auditor to the Director who has jurisdiction over the agency under audit.
Section 2. How Appeal Taken. - The appeal to the Director shall be taken by the filling an Appeal memorandum with the Director, copy furnished the Auditor. Proof of service of a copy to the Auditor shall be attached to the Appeal Memorandum. Proof of payment of the filling fee prescribed under these Rules shall likewise be attached to the Appeal Memorandum.
Section 3. Caption. - The party appealing shall be called the "Appellant" and the Auditor who rendered the decision appealed from, as the "Appellee".
Section 4. When Appeal Taken. - an Appeal must be filed within six (6) months after receipt of the decision appealed from.
Section 5. Interruption of Time to Appeal. - The receipt by the Director of the Appeal memorandum shall stop the running of the period to appeal which shall resume to run upon receipt by the appellant of the Director's decision.
Section 7. Power of Director on Appeal. - The Director may affirm, reverse, modify or alter the decision of the Auditor. If the Director reverses, modifies or alters the decision of the Auditor, the case shall be elevated directly to the Commission Proper for automatic review of the Directors' decision. The dispositive portion of the Director's decision shall categorically state that the decision is not final and is subject to automatic review by the CP.
Section 8. Relief from Accountability - The Director shall have original jurisdiction over requests for relief from accountability for losses due to fortuitous events or natural calamities involving amounts in excess of one hundred thousand pesos (P100,000.00) and for losses due to acts of man; i.e., theft, robbery, arson etc. involving amounts exceeding on hundred thousand pesos (100,000.00) but not more than five hundred thousand pesos (500,000.00).
Section 9. Period to Decide Case - The Director shall render his decision on the case within fifteen (15) days after submission of the complete documents necessary for evaluation and decision.
Section 10. Motion for Reconsideration Not Allowed - The director shall not entertain a motion for reconsideration of his decision and any such motion shall be returned to the movant without action and with the advise for him to file an appeal instead to the ASB or CP as the case may be, pursuant to Rule VI or Rule VII hereof.
RULE VI
PROCEEDINGS BEFORE THE ADJUDICATION AND SETTLEMENT BOARD (ASB)
Section 1. Composition of the Adjudication and Settlement Board (ASB) - The ASB is hereby reconstituted of the Assistant Commissioner of the Legal Services Sector (LSS) as Chairperson, and the Assistant Commissioners Government Sector as Members. Whenever the subject under c consideration involves engineering /technical accounting matters, the Assistant Commissioners of the Special Services Sector or Government Accountancy Sector , respectively , shall sit as members of the ASB. The LSS Assistant shall notify them accordingly.
Section 2. How the ASB Transacts Business - The ASB shall act as a body to render decisions on matters within its jurisdiction. The LSS Assistant Commissioner shall act as presiding officer of the meeting of the ASB which shall be held at least once a month. The ASB shall meet every first Wednesday of the month, or as often as necessary in the public interest or upon recommendation of any of the members.
Section 3. ABS Secretariat - The LSS Assistant Commissioner shall designate a senior staff of the Office of the General Counsel to serve as head of the ASB Secretariat who shall be responsible for the receipt and issuance of all communications of the ASB, the preparation of the agenda and minutes of its meetings , the maintenance of ASB records, and such other related functions as may be authorized by regulations or upon instruction of the ASB Chairperson.
Section 4. Original Jurisdiction - The ASB shall exercise original jurisdiction over cases involving the (1) write-off of unliquidated cash advances and dormant accounts receivable in an amount not exceeding One Million Pesos; and (2) requests for relief from accountability for losses due to acts of man, i.e arson, theft, robbery, etc. involving amounts in excess of five hundred thousand pesos (500,000.00) but not exceeding five million pesos (P5,000,000.00).
Section 5. How requests filed - Requests for write off of accounts or relief from accountability shall be filed with ASB Secretariat under the Office of the Assistant Commissioner of the LSS, in five (5) copies. It shall include a complete citation of the facts of the case, the grounds for the action sought; laws, rules and regulations relied upon and shall be accompanied b all documents referred to in the request and necessary for adjudication of the case.
Section 6. Appellate Jurisdiction - The ASB shall have appellate jurisdiction over the decision of the Director in case of disallowances and charges involving amounts not exceeding one million pesos (1,000,000.00) and over requests for relief from accountability.
Section 7. How Appeal taken - The apppeal to the ASB shall be taken by filling an Appeal Memorandum in five (5) copies with the ASB Secretariat under the Office of the LSS Assistant Commissioner, copy furnished the Director . Proofs of service of a copy to the Director and of the payment of filing fee shall be attached to the Appeal Memorandum.
Section 8. Caption - The party appealing shall be called the "Appellant" and the Director who rendered the decision appealed from shall be called the "appellee"
Section 9. When appeal taken - An aposal must be filed within the remaining of the six (6) months period, after receipt of the decision appealed from.
Section 10. In terruption of Time to Appeal - The receipt by the ASB of the Appeal Memorandum shal stop the running of the period ofto appeal which shall resume to run upon receipt by the appeliant of the ASB's decision.
Section 11. Director's Answer and Transmittal of Record - The ASC Chairperson shall; within five (5) days after of the Appeal Memorandum, direct the Director to submit an Answer together with the entire records of the case including an EDSE, every page of which shall be numbered at the bottom. The director shall comply with the order within fifteen (15) dyas from receipt thereof.
Section 12. Power of ASB on appeal - The ASB may affrim, reverse, modify or alter the decision of the Director.
Section 13. Decision of the ASB - The ASB shall review the case and render a decision within fifteen (15) days from receipt of the complete documents necessary fopr evaluation and decision.
Section 14. Motion for Recosideration Not Allowed - The ASB shall not entertain a motion for reconsideration of its decision ang any such motion shall be returned to the movant without action and with the advise for him to file a petiition for review instead to the CP pursuant to RULE VII hereof.
RULE II
PETITION FOR REVIEW TO THE COMMISSION PROPER
Section 1. Who May Appeal and Where to Appeal - The party aggrieved by a decision of the Director or the ASB may appeal to the Comission Proper.
Section 2. How Appeal Taken - Appeal shall be taken by filling a Petition For Review in five (5) legible copies; with the Comission Secretriat, a copy of which shall be served of the Director or the ASB who rendered the decision Proof of service thereof shall be attached to the petition together with the proof of payment of the filing fee prescribed under these Rules.
Section 3. Period of Appeal - The appeal shall be taken within the ntime remaining of the seix (6) months period under Section 4 V, taking into account the suspension of the running thereof under Section 5 of the same Rule in case of appeals from the Director's decision, or under Sections 9 and 10 of Rule VI in case od decision of the ASB.
Section 4. Caption - The party appealing for review shall be called the "Petitioner" and the Director or ASB as the "Respondent".
Section 5. Contents of petition - The petition for review shall conatin a concise stament of the facts and issues involved and the grounds relied upon for the review, and shall be accompanied by a certified true copy of the decision appelaed from, together with certified true copies of such relevant portions of the record as are referred to therein and other supporting papers. The petiotion state the specific dates to show that it was filed within the reglementary period.
Section 6. Order to Answer - Within five (5) dyas from receipt of the petition for rview, the Commision Secretary shall issue an Order requiring the Director or the ASB Chairperson to file his Anwer to the Petition and transmi the entire records of the case to the Commsiion Secretary.
Section 7. Filing of Answer And Transmittal of Record - Within fifteen (15) days from receipt of the Order to Answer, the Director/ASB Chairperson shall submit his Answer to the petition to the Commision Secretary together with the records of the case. A copy of the Answer shall be served on the petitioner by the Director or the ASB Chairperson. The answer shall (a) point out to the insufficiencies or inaccurates in the petitioner's staement of facts and issues and (b) state the reasons why the petition should be denied or dismissed.
Section 8. Reply - Petitioner may file a reply with the Commission Secretary, copy furnished the Director concerned or the ASB Chairperson within fiteen (15) dyas from receipt of the Answer. The Commission Proper, however, may direct any or all the parties to submit additional pleadings or documents which it may deem necessary in the proper adjudication of the case.
RULE VIII
ORIGINAL CASES FILED
DIRECTLY WITH THE COMMISSION PROPER
Section 1. Original Jurisdiction - The Commission Proper shall have original jurisdiction over: a) money claim against the Government; b) request for concurrence in the hiring of the legal retainers by government agency; c) write off of unliquidated cash advances and dormants accounts receivable in amounts exceeding one million pesos ( P1,000,000.00): d) request for relief from accountability for loses due to acts of man, i.e. theft, robbery, arson, etc. in amounts in excess of Five Million pesos ( 5,000,000.00).
Section 2. Money claim - A money claim against the government shall be filed directly with the Commission Secretary in accordance with the following:
a) Petition. - A claimant for money against the Government, whose claim is cognizable by the Commission Proper, may file a petition. The party seeking relief shall be referred to as "Petitioner" and the government agency or instrumentality against whom a claim is directed shall be referred to as "Respondent". The petition shall also be assigned a docket number as provided in these Rules.
b) Contents of Petition. - The petition shall contain the personal circumstances or juridical personality of the petitioner, a concise statement of the ultimate facts constituting his cause of action, a citation of the law and jurisprudence upon which the petition is based and the relief sought. The petition shall be accompanied by certified true copies of documents referred therein and other relevant supporting papers.
c) Filing of Petition. - The petition shall be filed with the Commission Secretary, a copy of which shall be served on the respondent. Proof of service of the petition on the respondent together with proof of the payment of filing fee shall be attached to the petition.
d) Order to Answer. - Upon the receipt of the petition, the Commission Secretary shall issue an Order requiring respondent to answer the petition within fifteen (15) days from receipt thereof.
e) Answer. - Within fifteen (15) days from receipt of the said Order, the respondent shall file with Commission Secretary an Answer to the petition. The answer shall be accompanied by certified true copies of documents referred to therein together with other supporting papers. The answer shall (a) point out insufficiencies or inaccuracies in the petitioner's statement of facts and issues and (b) state the reasons why the petition should be denied or dismissed or granted. Copy of the answer shall be served on the petitioner and proof of service thereof shall be attached to the answer.
f) Reply. - Petitioner may file a Reply, copy furnished the respondent, within fifteen (15) days from receipt of the Answer.
g) Comment by Concerned Offices. - Money claims, except court-adjudicated claims, shall first be assigned by the Commission Secretary to the appropriate Central or Regional Office, for comment and recommendation prior to referral to the Legal Services Sector for preparation of the decision and formal deliberation by the Commission Proper.
Section 3. Hiring of Legal Retainer - A request for concurrence of the Commission in the hiring of legal retainer shall be filed with the Office of the General Counsel who shall evaluate the same and issue the written concurrence or denial thereof in behalf of the Commission. A request for reconsideration or appeal therefrom shall be cognizable by the Commission Proper.
Section 4. Other Cases - Request for write off of accounts receivable or unliquidated cash advances exceeding P1 million; or relief from accountability for acts of man such as robbery, theft, arson in excess of P5 million; or approval of private sale of government property; or other matters within the original jurisdiction of the CP, shall be filed with the Commission Secretary. The Commission Secretary shall refer the case to the Central/Regional Office concerned for comment and recommendation and thereafter to the Legal Services Sector, for preparation of the draft decision for consideration of the Commission Proper.
RULE IX
PLEADINGS, MODE OF FILING, DOCKETING OF CASES AND FILING FEE
Section 1. Form of Pleadings. - Pleadings, motions and other petitions shall contain a caption setting forth the name and address of the Commission on Audit, the title of the case, the docket number and the description of the pleading. They shall be printed or typewritten double-spaced on legal size bond paper. Proof of service of such papers on the adverse party or auditor, Director, ASB Chairperson or other parties having a direct interest in the case is necessary and must be shown therein.
Section 2. Number of copies of pleadings. - Every petition, answer, reply, motion, notice and other papers required by these rules to be filed in a case before the Commission Proper, thru the Commission Secretary, shall be made in five (5) legible copies.
Section 3. Mode of Filing. - The filing of pleadings, motions and other papers may be done either by personal delivery or by registered mail. If the filing is made by personal delivery, the receiving clerk shall promptly and legibly stamp on the face of the first page of the pleading the exact date and time it was received and filed and thereafter affix his initials.
If the filing is by registered mail, the date of mailing stamped by the post office of origin, shall be considered as the date of filing. The envelope or a portion thereof showing the date of mailing and registry stamp containing the pleading, motion and other papers shall be attached thereto. The date of actual receipt shall also be legibly stamped or indicated on the first page of the pleading.
When a petition does not have the complete annexes or the required number of copies, the petitioner shall be required to complete the annexes or file the necessary number of copies of the petition before the case is docketed.
Section 4. Other Modes of Filing. - Pleadings, motions and other papers sent by ordinary mail, by private messengerial services, or by any mode other than personal delivery or registered mail, shall be deemed filed only on the date and time they are actually received. The date and time of actual receipt shall be stamped and signed by the receiving clerk.
Section 5. Payment of Filing Fee - Every petition/appeal filed before an adjudicating body/office of this Commission pertaining to the cases enumerated below shall be imposed a filing fee equivalent to 1/10 of 1% of the amount involved, but not exceeding P10, 000.00:
a) appeal from audit disallowance/charge
b) appeal from disapproval of request for relief from accountability
c) money claim, except if the claimant is a government agency
d) request for condonation of settled claim or liability except if between government agencies
Payment shall be made at the COA Central Office Cashier or at the Cashier of the COA Regional Finance Office. If not practicable, payment may be remitted through postal money order payable to the Commission on Audit.
Any appeal/petition without the required filing fee will be returned to the party concerned for compliance with such requirement.
Section 6. Docket and Assignment of Number - Upon the filing of the initial pleading or petition, the Office of the Commission Secretary, after having determined compliance with the requirements of these Rules, shall docket the same and assign to it a number. The numbering of initial pleadings or petitions must be consecutive according to the date they are received, and prefixed as follows:
COA CP Case No. _____________ - _____________
(Year) (Number)
After docketing and numbering, the original copy of the petition shall be fastened or bound to a folder. Subsequent pleadings, motions and other papers that will be filed in the course of the proceedings shall also be entered in the docket book, including the excerpts of the decision, and the original copies thereof shall be fastened to the same folder of the case and paged accordingly.
RULE X
PROCEEDINGS BEFORE THE COMMISSION PROPER
Section 1. Referral of Appealed Cases from Regional and Central Offices. - Within five (5) days from receipt of the complete records of the case from the Director concerned or the ASB Chairperson; as well as the Reply of the appellant/petitioner or in case no Reply is filed, upon expiration of the period to Reply, the Commission Secretary shall refer the case to the Legal Service Sector (LSS) for review and evaluation. The LSS shall prepare a draft decision, which shall be forwarded to the Commission Secretary within thirty (30) days from receipt of the complete records of the case.
Section 2. Referral of Money Claim Filed Directly with the Commission Proper. - Within five (5) days from receipt of the complete records of the case including the Answer of the Respondent or other parties in interest, the Commission Secretary shall refer the said records to the Director of the appropriate office in the Central/Regional Office who shall, within fifteen (15) days from receipt thereof, submit his comment and recommendation to the Commission Secretary.
The Commission Secretary shall, thereafter, refer the case to the LSS which shall evaluate the claim and prepare a draft decision to be submitted to the Commission Proper thru the Commission Secretary, within fifteen (15) days from receipt of the referral.
Section 3. Oral Argument. - Upon motion by a party, or motu proprio, the Commission Proper may call for oral arguments of the parties before the Commission Proper en banc subject to such limitation of time and issues as the Commission may prescribe. In lieu of oral arguments, the parties may be allowed to submit their respective memoranda within fifteen (15) days from notice thereof.
Section 4. Period for Rendering Decision. - Any case brought to the Commission Proper shall be decided within sixty (60) days from the date it is submitted for decision or resolution, in accordance with Section 4, Rule III hereof
Section 5. Procedure in Making Decisions. - The conclusion of the Commission Proper in any case brought before it for decision shall be reached after formal deliberation by its members.
Any member may write a separate concurring or dissenting opinion which shall form part of the decision. Any member who took no part, or dissented, or abstained from a decision or resolution must state the reason therefor.
Section 6. Form of Decision. - Every adjudication on the merits of a case shall be in the form of a decision which shall state clearly and distinctly the facts and the law on which it is based and signed by the members of the Commission Proper.
The copies of the agenda and excerpts of the minutes of the session of the Commission Proper and the resolution or decision pertaining to a case shall be duly attested by the Commission Secretary and shall be attached to the records of the case.
Section 7. Seal of the Commission. - The seal of the Commission on Audit, which shall be in the custody of the Commission Secretary, shall be affixed to all decisions or resolutions of the Commission as an indication of their official character.
Section 8. Number of Copies and Distribution of Decision. - Copies of the Decision or Resolution of the Commission shall be distributed as follows: (1) first original copy to the permanent Book of Decisions which shall be maintained and kept by the Commission Secretary; (2) second original copy to the Central Office Records Division of the Commission; (3) third original copy to the rollo or folder containing the original copies of the pleadings and other papers in the custody of the Commission Secretary; (4) one copy each to the Legal Services Sector, Auditor and Director concerned; (5) one copy each to the parties or their counsels in the case.
Section 9. Finality of Decisions or Resolutions. - A decision or resolution of the Commission upon any matter within its jurisdiction shall become final and executory after the lapse of thirty (30) days from notice of the decision or resolution, unless a motion for reconsideration is seasonably made or an appeal to the Supreme Court is filed.
Section 10. Motion for Reconsideration. - A motion for reconsideration may be filed within the time remaining of the period to appeal, on the grounds that the evidence is insufficient to justify the decision; or that the said decision is contrary to law. Only one (1) motion for reconsideration of a decision of the Commission shall be entertained.
Section 11. Form and Contents of the Motion for Reconsideration. - The motion shall be verified and shall point out specifically the findings or conclusions of the decision which are not supported by the evidence or which are contrary to law, making express reference to the testimonial or documentary evidence or the provisions of law that such finding or conclusions are alleged to be contrary to.
Section 12. Effect of Motion for Reconsideration and How It is Disposed Of. - A motion to reconsider a decision, complying with the immediately preceding section, suspends the running of the period to elevate the matter to the Supreme Court. Within two (2) days from its filing, the Commission Secretary shall refer the motion to the Director/ASB for comments. Upon receipt of the comments, he shall forward the same together with the motion to the Legal Services Sector for study and recommendation. The latter shall, within fifteen (15) days from receipt thereof, submit a draft decision, for the consideration of the Commission Proper.
Section 13. Entry of Decision. - If no appeal is filed within the time provided in these rules, the decision of the Commission shall be entered by the Commission Secretary in the Docket which contain the dispositive part of the decision and shall be signed by the Secretary with a certificate that such decision has become final and executory. Such recording of the decisions shall constitute the entry.
RULE XI
CONTEMPT
Section 1. Direct Contempt Punished Summarily. - A person guilty of misbehavior in the presence of or so near the Commission Proper or any of its members as to obstruct or interrupt the proceedings before it or them, including disrespect toward the Commission or its members, offensive personalities toward others or refusal to be sworn or to answer as a witness, or to subscribe to an affidavit or deposition when lawfully required to do so, may be summarily adjudged in contempt by the Commission or any of its members and shall be punished in accordance with the penalties prescribed in the Rules of Court.
Section 2. Indirect Contempt. - After a charge in writing has been filed by an aggrieved party before the Commission Proper or its members, and after an opportunity shall have been given to the respondent to be heard by himself or counsel, a person guilty of the following acts may be punished for contempt:
a. Misbehavior of any officer of the Commission in the performance of his official duties or in his official transactions;
b. Disobedience of or resistance to a lawful writ, process, order, judgment or command of the Commission or any of its members;
c. Any abuse of or any unlawful interference with the process or proceedings of the Commission or any of its members not constituting direct contempt under Section 1 of this rule;
d. Any improper conduct tending, directly or indirectly, to impede, obstruct, or degrade the administration of justice by the Commission or any of its members;
e. Failure to obey a subpoena duly served.
Section 3. Penalty for Indirect Contempt. - If adjudged guilty, the accused may be punished in accordance with the penalties prescribed in the Rules of Court.
RULE XII
JUDICIAL REVIEW
Section 1. Petition for Certiorari. - Any decision, order or resolution of the Commission may be brought to the Supreme Court on certiorari by the aggrieved party within (30) days from receipt of a copy thereof in the manner provided by law and Rules of Court.
When the decision, order or resolution adversely affects the interest of any government agency, the appeal may be taken by the proper head of that agency.
RULE XIII
ENFORCEMENT AND MONITORING OF DECISION
Section 1. Execution of Decision. - Execution shall issue upon a decision that finally disposes of the case. Such execution shall issue as a matter of right upon the expiration of the period to appeal therefrom if no appeal has been fully perfected.
Section 2. Notification of Finality of Decision (NFD) - An NFD directing the persons liable to pay/refund the amount disallowed shall be issued by the following officials, upon a decision that has become final and executory.
a) Auditor - for ND/NDC or Decision issued by him.
b) Director who supervised the special audit team - for ND/NDC issued by the audit team.
c) Director - for decision rendered by him.
d) General Counsel - for decision of the ASB
e) Commission Secretary - for decision of the CP
Section 3. COA Order of Execution - In case of failure of the person(s) liable to refund the amount disallowed/charged as provided in the preceding section, the COE directing the Cashier/Treasurer/Disbursing Officer to withhold payment of any money due such person(s) shall be issued by the following.
a) Director - for NFDs issued by him and the by Auditor.
b) General Counsel - for NFD issued by him and by the Commission Secretary, and for judgments rendered by the Supreme Court.
Section 3. Non-compliance with the COE. - In case of failure by the Cashier/Treasurer/Disbursing Officer to comply with the COE, the Auditor shall notify the agency head concerned of the non-compliance. All the same time, the Auditor shall report the matter through the COA Director concerned, to the General Counsel who shall take any or all of the following actions:
a. Recommendation to the Commission Proper to cite defaulting party in contempt;
b. Referral of the matter to the Solicitor General for the filing of appropriate civil suit;
c. Referral to the Ombudsman for the filing of appropriate administrative or criminal action.
Section 4. Holding the Defaulting Party in Contempt. - Any party who fails to comply with the COE may be held in contempt pursuant to Section 2, Rule XI of these Rules. The LSS shall study and evaluate the report of such non-compliance as cited in the preceding section and submit its recommendation to the Commission Proper within fifteen (15) days from receipt thereof.
Section 5. Referral to the Solicitor General. - To enforce civil liability, the Auditor shall submit to the Director concerned a report on COEs which have not been complied with. The report shall be duly supported with certified copies of the subsidiary records, and the payrolls/vouchers disallowed and collection charged, together with all necessary documents for the filing of the appropriate civil suit. The Director shall forward the report to the General Counsel who shall study and evaluate the same and submit his recommendations to the COA Chairman within fifteen (15) days from receipt thereof. Referral to the Office of the Solicitor General for its appropriate action may be made.
Section 6. Referral to the Ombudsman. - The Auditor shall report to his Director all instances of failure or refusal to comply with the decisions or orders of the Commission contemplated in the preceding sections. The COA Director shall see to it that the report is supported by the sworn statement of the Auditor concerned, identifying among others, the persons liable and describing the participation of each. He shall then refer the matter to the Legal Service Sector who shall refer the matter to the Office of the Ombudsman or other appropriate office for the possible filing of appropriate administrative or criminal action.
Section 7. Effect of Non-compliance. - Any delay in complying or refusal to comply with the order or decision of the Commission shall constitute a ground for contempt, and/or administrative disciplinary action against the officer or employee concerned.
RULE XIV
ADMINISTRATIVE CASES
Section 1. Applicability of Civil Service Law and Other Rules. - The procedures set forth in the pertinent provisions of the Civil Service Law, The Omnibus Rules Implementing Executive Order 292 and COA Memorandum No. 76-48, dated April 27, 1976, in administrative cases against officers and employees of the Commission, are hereby adopted and read into these rules.
read into these rules.
Section 2. Re-hearing. - In meritorious cases as may be determined by the Commission Proper, the Commission Proper may order a re-hearing of administrative case.
Section 3. Proposed Decision. - Upon termination of the formal investigation and the submission of the report of the hearing officer, or evaluation of respondent's Answer in case of waiver of formal investigation, the LSS shall within thirty (30) days thereof propose a decision for the consideration of the Commission Proper.
Section 4. Transmittal to the Commission Proper, - The LSS shall transmit to the Commission Proper through the Commission Secretary the proposed decision which shall contain the following particulars:
a. Administrative case title and number;
b. Respondent, position/designation and place of assignment;
c. A brief statement of material facts;
d. Findings and conclusion;
e. Penalty imposed, if warranted.
Section 5. Review by the Chairman and Commissioners. - The Commission Secretary shall furnish the members of the Commission with a complete set of the record of the case, together with the proposed decision and summary of the case, fr review.
Section 6. Finalization of the Decision. - After the review of the case by the Chairman and the Commissioners, the Commission Secretary shall calendar the same as an item in the agenda of the next regular meeting of the Commission Proper.
Section 7. Recording and release. - The Commission Secretary shall record the decision in the Docket of Administrative Case maintained by that office and thereafter send it to the Central Office Records Division which shall be responsible for its release and full dissemination to all concerned.
Section 8. Motion for Reconsideration. - The respondent may, within fifteen (15) days after receipt of the decision, file with the Commission Proper a motion for reconsideration thereof, in accordance with the procedure set forth under Section 39, 40, 41, and 42 of COA Memorandum No. 76-48
Section 9. Disposition of the Motion for Reconsideration. - The disposition of a motion for reconsideration shall be embodied in an appropriate resolution or issuance of the Commission Proper shall form part of the the records of the case. The procedure outlined for the disposition of administrative cases shall be observed.
Section 10. Appeal. - Appeals, where allowable, shall be made by the party adversely affected by the decision in accordance with the rules prescribed under existing Civil Service rules and regulations.
RULE XV
MISCELLANEOUS PROVISIONS
Section 1. Supplementary Rules. - In the absence of any applicable provision in these rules, the pertinent provisions of the Rules of Court in the Philippines shall be applicable by analogy or in suppletory character and effect.
Section 2. Any deviation from these rules, which does not affect the substantive rights of the parties, shall not invalidate the action taken by the Commission.
RULE XVI
REPEALING CLAUSE AND EFFECTIVITY
Section 1. Repealing Clause. - All resolution, rules, regulation, circulars, memoranda and other issuance of the Commission or parts thereof which are inconsistent with any of the provision of these rules are hereby deemed repealed or modified accordingly.
Section 2. Separability Clause, - If any part of these rules is declared unconstitutional, the remaining part not affected thereby shall remain valid and effective.
Section 3. Effectivity. - These rules shall be published in a newspaper of general circulation and shall take effect thirty (30) days after the completion of its publication.
APPROVED this 15th day of September, 2009
(SIGNED)
REYNALDO A. VILLAR
Chairman
(SIGNED)
JUANITO G. ESPINO
Commissioner
COMMISSION ON AUDIT
Commonwealth Avenue, Quezon City, Philippines
THE 2009 REVISED RULES OF PROCEDURE OF THE COMMISSION ON AUDIT
Pursuant to Section 6 of Article IX-A of the 1987 Constitution, and by virtue of the powers vested in it by existing laws, the Commission on Audit hereby promulgates the following rules governing pleadings and practice before it.
RULE I
INTRODUCTORY PROVISIONS
Section 1. Title - These rules shall be known and cited as the "2009 Revised Rules of Procedure of the Commission on Audit".
Section 2. Applicability. - These Rules shall govern the pleadings and practice in the Commission on Audit in all matters, actions and proceedings originally acted upon by or appealed to it in the exercise of its quasi-judicial function, including administrative cases.
Section 3. Construction. - These Rules shall be liberally construed on order to effectively carry out the power, authority and duty of the Commission on Audit as vested upon it by the Constitution and the existing laws, and to achieve just timely and inexpensive determination and disposition of any matter or case before it.
Section 4. Meaning of the Words. - Whenever used in these Rules, the words or terms below shall have the meaning indicated.
a. Accounts - the bookkeeping records, including journals, ledgers vouchers, and other supporting papers; a detailed statement of items of debits and credits
b. Adjudication and Settlement Board (ASB) - a body composed of assistant Commissioners authorized to exercise adjudication functions
c. Appeal - the process the elevating to a higher authority as provided in these Rules any decision order or ruling of the Commission or any of its duly authorized representatives.
d. Appellant - the party who appeals the final order or decision of the Auditor, Director or the Adjudication and settlement Board (ASB)
e. Appellee - the Auditor, Director, or ASB whose order or decision is the subject of the appeal.
f. Auditor - the head of an auditing unit, group or team of the Commission on Audit
g. Chairman - the Chairman of the Commission on Audit or Presiding Officer of the Commission Proper
h. Charge - inclusion or addition to an accountability pertaining to the assessment, appraisal or collection of revenues, receipts and other incomes such as those arising from under-appraisal, under-assesment under-collection
i. COA Order of Execution (COE) - a written instruction to withhold payment of salary and other and other money due to persons liable, for the settlement of their family
j. Commission - the Commission on Audit
k. Commission Proper (CP) - the Chairman and the two Commissioners. In case any member of the CP has not been appointed and assumed his functions, the incumbent members shall be deemed the CP
l. Commissioner - a Commissioner of the of the Commission on Audit
m. Director - the lead head of a Central Office Audit Cluster in the National, Local or Corporate sector, or of a Regional Office of the Commission
n. Disallowance - the disapproval in audit of a transaction, either in whole or in part. The term applies to the audit of disbursements a s distinguished from "charge" which applies to the audit of revenues/receipts.
o. Government agency or agency of the government or agency. - any department, bureau or office of the National Government, or any of its branches and instrumentalities or any local government unit, as well as any government-owned or controlled corporation, including its subsidiaries, or other self-governing board or commission of the government
p. Interlocutory order - an order issued by the Commission Proper or any of its Members, other than the final decision
q. Member - the Chairman or a Commissioner
r. Money claim - a demand for payment of a sum of money, reimbursement or compensation arising from law, or contract due from or owing to a government agency;
s. Notice of Finality of Decision (NFD) - a written notification that a decision of the Commission on Audit has become final and executory
t. Petitioner - the party who submits a money claim or who appeals the final order or decision of the Director or the ASB to the Commission Proper;
u. Record of the case - consists of the pleadings, documents and papers filed with the Commission, which support the decision or action subject of appeal. In case of audit disallowances/charges, the papers shall include certified true copies of the notice of suspension, notice of disallowance/charge and the pertinent working papers and relevant evidence;
v. Respondent - in administrative cases, the term refers to an employee of the Commission charged with offenses punishable under Civil Service laws. In cases of petitions or money claims, the term refers to the party required to answer the petition;
w. Secretary - the head of the Commission Secretariat.
RULE II
JURISDICTION AND POWERS OF THE COMMISSION ON AUDIT
Section 1. General jurisdiction - The Commission on Audit shall have the power, authority, and duty to examine, audit and settle all accounts pertaining to the revenues and receipts of, and expenditures or uses of funds and property, owned or held in trust by, or pertaining to the Government, or any of its subdivisions, agencies, or instrumentalities, including government-owned and controlled corporations with original charters, and on a post-audit basis: (a) constitutional bodies, commissions and offices that have been granted fiscal autonomy under the Constitution; (b) autonomous state colleges and universities; (c) other government-owned or controlled corporations and their subsidiaries; and (d) such non-governmental entities receiving subsidy or equity directly or indirectly, from or through the government, which are required by the law or granting institution to submit to such audit as a condition of subsidy or equity. However, where the internal control system of the audited agencies is inadequate, the Commission may adopt such measures, including temporary or special pre-audit, as are necessary and appropriate to correct the deficiencies. It shall keep the general accounts of the Government, and for such period as may be provided by law, preserve the vouchers and other supporting papers pertaining thereto.
The Commission shall have exclusive authority subject to the limitations in Article IX of the Constitution, to define the scope of its audit and examination, establish the techniques and methods required therefor, and promulgate accounting and auditing rules and regulations including those for the prevention and disallowance of irregular, unnecessary, excessive, extravagant, or unconscionable expenditures, or uses of government funds and properties.
Specifically, such jurisdiction shall extend over but not be limited to the following cases and matters:
a. Disallowance of expenditures or uses of government funds and properties found to be illegal, irregular, unnecessary, excessive, extravagant or unconscionable;
b. Money claims due from or owing to any government agency;
c. Determination of policies, promulgation of rules and regulations, and prescription of standards governing the performance by the Commission of its powers and functions;
d. Resolution of novel, controversial, complicated or difficult questions of law relating to government accounting and auditing;
e. Charges made in the audit of revenues and receipts resulting from under-appraisal, under-assessment or under-collection;
f. Audit of the books, records and accounts of public utilities as provided by law;
g. Visitorial power over non-governmental organizations (1) subsidized by the government, (2) those required to pay levies or government share, (3) those funded by donations through the government, (4) those for which government has put up a counterpart fund, or (5) those entrusted with government funds or properties;
h. Authorization and enforcement of the settlement of accounts subsisting between agencies of the government;
i. Compromise or release in whole or in part, of any settled claim or liability to any government agency;
j. Power to require the submission of papers relative to government obligations;
k. Opening and revision of settled accounts;
l. Retention of money due to a person for satisfaction of his indebtedness to the government;
m. Seizure by the Auditor of the office of the local treasurer found to have a shortage in cash;
n. Checking and audit of all property or supplies of the government agency;
o. Constructive distraint of property of any accountable officer with shortage in his accounts upon a finding of a prima facie case of malversation of public funds or property against him;
p. In coordination with appropriate legal bodies, collection of indebtedness founded to be due a government agency in the settlement and adjustment of its accounts by the Commission
Section 2. The powers and functions of the Chairman as Chief Executive Officer. - As Chief Executive Officer of the Commission, the Chairman shall (1) control and supervise the general administration of the Commission, (2) direct and manage the implementation and execution of policies, standards, rules and regulations promulgated by the Commission, and (3) control and supervise the audit of highly technical or confidential transactions or accounts of any government agency.
The two (2) Commissioners may assist in the general administration of the Commission, upon proper delegation by the Chairman.
Section 3. Powers, functions ad duties of Auditors as representatives of the Commission. - The Auditor shall exercise such power and functions as provided by law and as may be authorized by the Commission in the examination, audit and settlement of the accounts, funds, financial transactions and resources of the agencies under their respective audit jurisdiction.
Section 4. Appellate Jurisdiction, - The Directors shall have appellate jurisdiction over decision of Auditors in accordance with these Rules. Decision of the Directors mat be appellate to the ASB or the Commission Proper as the case may be.
Section 5. Entitles within the jurisdiction of the Commission. - The authority and powers of he Commission to examine, audit and settle all accounts extended to the following entities:
a. National Government, its departments, bureaus, agencies and offices, including Philippine embassies, consulates and other foreign-based government agencies.
b. Local Government units, their agencies, and other instrumentalities;
c. Government-owned and/or controlled corporations and their subsidiaries;
d. Constitutional bodies, commissions and offices that have been granted fiscal autonomy under the Constitution;
e. Autonomous state colleges and universities.
f. Public Utilities and Franchise grantees for rate determination and franchise tax;
g. Non-governmental entities subsidized by the government, those funded by donations through the government, those required to pay levies or government share, and those which the government has put up a counterpart funded by the government; and
h. Such other entities as may be provided by law to be under COA's jurisdiction.
RULE III
ORGANIZATIONAL STRUCTURES OF THE COMMISSION
PROPER AND HOW IT TRANSACTS
Section 1. The Commission Proper. - (1) For purpose of these rules and as a component of the organizational structure of the Commission, the Chairman and the two Commissioner shall together be known as the Commission Proper and as such shall be distinguished from the other components of the Commission consisting of the central and regional offices subsisting or which or hereinafter be created. (2) The Commission Proper shall sit as a body to determine policies, promulgate rules and regulations, and prescribe standards governing the performance by the Commission of its powers and functions. (3) The chairman shall act as the presiding officer of the Commission Proper and the Chief Executive Officer of the Commission.
Section 2. Regular session. - The commission Proper shall hold its regular session at the Commission Proper Board Room, CIA Central Office, Quezon City, every Tuesday and Thursday without need of call, unless it decides otherwise.
Section 3. Special session. - Whether public interest requires, the Chairman in his own initiative or upon recommendation of an of the two Commissioner may call a special session at the time and place designated bye the Commission Proper.
Section 4. Quorum and Voting. - The Commission Proper shall decide by a majority vote of all its members any case or matter brought before it within sixty (60) days from the date of its submission for decision or resolution. A case or matter is deemed submitted for decision or resolution upon the filing of the last pleading, brief or memorandum required by these Rules or the by the Commission Proper.
Section 5. Powers and duties of the Chairman as Presiding Officer. - As Presiding Officer, the powers and duties of the Chairman when discharging his functions in action or proceedings before the Commission Proper shall include the following:
a. To issue calls for the special session of the Commission Proper;
b. To approve the agenda for the session of the Commission Proper;
c. To preside over the session of the Commission Proper;
d. To participate in the deliberation of and vote during all regular and special session of the Commission Proper where any case issue or matter within its jurisdiction is under consideration;
e. To preserve order and decorum during the session;
f. To decide all question or order by any Member;
g. To summon the parties to a case brought before the Commission Proper for resolution.
h. To issue subpoena and subpoena duces tecum;
i. To administer oaths and otherwise take testimony in any investigation or inquiry on any matter within the jurisdiction of the Commission;
j. To sign interlocutory orders, resolutions or ruling in case not yet assigned to a Member;
k. To exercise such others powers and duties as are vested upon him by law or by the Commission Proper.
Section 6. Powers and Duties of the two (2) Commissioners, - As members of the Commission Proper, the powers and duties of the two (2) Commissioners shall include the following.
a. To attend, participate in the deliberations of, and vote during all regular and special sessions of the Commission Proper where any case, issues, or matter within its jurisdiction is under consideration;
b. To recommend to the Chairman the inclusion in the agenda of any case or matter deemed appropriate in the performance of his function;
c. To sign interlocutory orders, resolution or ruling incase and matters assigned to them to study and reporting;
d. To require the appearance of any official or employee of the Commission in order to obtain information pertinent to a case assigned to him, the formulation of the policy and the promulgation of accounting and auditing rules and regulations, or to direct the submission of any document, report, or record in the possession of such official or employee; and
e. To exercise such other powers as are vested upon him by law or by specific provisions of these Rules.
Section 7. The Commission Secretary. - The duties and functions of the Commission Secretary shall include the following:
a. To prepare the agenda for the session of the Commission Proper based in the priority set by it;
b. To prepare and keep the minutes of all sessions, hearings and conferences of the Commission Proper;
c. Te receive all communications for action of the Commission Proper and determine compliance of appellant/petitioner with the required payment of filing fee prior to referral to the Legal Services Sector or to other concerned Office as the case may be;
d. To keep a Docket wherein he shall enter in chronological order the cases and the proceedings thereon and a Book of Decisions which shall contain the original copy of the decision or resolutions rendered by the Commission Proper in the order of their dates;
e. To maintain for the Commission Proper a file of all Supreme Court Decisions involving the COA; and
f. To perform such related functions as may be authorized by law or regulations or upon instruction of the Commission Proper.
Section 8. Assistance to the Commission Proper. - The Commission Proper may request the assistance of the Assistant Commissioners, and the Directors of the Central and Regional Offices in the performance of its adjudicatory functions, in cases or matters related to the latter's respective functions and responsibilities.
Section 9. Power to issue subpoena and subpoena duces tecum. - The Chairman or any Commissioner of the Commission, the Assistant Commissioners, the Central Office Directors, the Auditors of any government agency, and any other official or employee of the Commission specially deputed in writing by the Chairman for the purpose shall, in compliance with the requirement of due process, have the power to summon the parties to a case brought before the Commission for resolution, issue subpoena and subpoena duces tecum, administer oaths , and otherwise take testimony in any investigation or inquiry on any matter within the jurisdiction of the Commission.
RULE IV
PROCEEDING BEFORE THE AUDITOR
Section 1. Auditors as representatives of the Commission. - The auditors shall exercise such powers and functions as may be authorized by the Commission in the examination, audit and settlement of the accounts, funds, financial transactions, and resources of the agencies under their respective audit jurisdiction.
Section 2. Role of the Auditor. - The Auditor shall maintain complete independence and exercise professional care and be guided by the applicable laws, regulations and the generally accepted principles of auditing and accounting in the performance of the audit work as well as in the preparation of audit and financial reports.
Section 3. Responsibility to obtain Sufficient Evidence. - The Auditor shall obtain, sufficient evidence to provide an appropriate factual bases for his opinions, conclusions, judgments and recommendations. He shall likewise be responsible for safeguarding the evidence needed to support his findings which may include (1) physical evidence such as the thing itself or sample thereof which is subject of the investigation or audit observation; (2) testimonial evidence such as sworn statements from witnesses, depositions and signed interview notes; (3) documentary evidence consisting of letters, contracts reports, photographs, extracts from books of accounts, invoices, receipts, and computer print-outs; (4) analytical evidence such as analysis sheets /working papers prepared; and (5) electronic evidence such as e-mail, text messages or multimedia messages. The technicalities of law and the rules governing the admissibility and sufficiency of evidence obtaining in the courts of law shall not strictly apply.
Section 4. Audit Disallowances/ Charges/ Suspensions - In the course of the audit, whenever there are differences arising from the settlement of accounts by reason of disallowances or charges, the auditor shall issue Notices of Disallowances/Charge (ND/NC) which shall issue Notices of Disallowance/Charge (ND/NC) which shall be considered as audit decisions, recommendations or dispositions shall be supported by applicable laws, regulations, jurisprudence and the generally accepted accounting and auditing principles. The Auditor may issue Notices of Suspension (NS) for transactions of doubtful legality/validity/ propriety to obtain further explanation or documentation.
Section 5. Relief from Accountability - The Auditor shall act on requests for relief from accountability for losses due to fortuitous events or natural calamities., or due to acts of man , i.e theft, robbery, arson , etc. involving amounts not exceeding one hundred thousand pesos (P100,000.00). The action of the auditor shall be deemed an audit decision.
Section 6. Number of Copies and Distribution. - The ND, NC, NS or other order or decision of the Auditor shall be prepared in such number of copies as may be necessary for distribution to the following: (1) original copy -to the head of agency being audited; (2)duplicate copy - to the Auditor for his record; (3) other copies to the agency officials directly affected by the results of the audit for whom specified action or a response from the results of audit and from whom specified action or a response from the results of audit is expected as may be provided by law or the pertinent rules and regulations of the Commission.
Section 7. Service of Copies of ND/NC/NS, Order or Decision - The ND, NC, NS, order, or decision shall be served to each of the persons liable/responsible by the Auditor, through personal service, or if not practicable through registered mail. In case there are several payees, as in the case of disallowed payroll, service to the accountant who shall be responsible for informing all payees concerned, shall constitute constructive service to all payees listed in the payroll.
Section 8. Finally of the Auditor's decision - Unless an appeal to the Director is taken, the decision of the Auditor shall become final upon the expiration of six (6) months from the date of receipt thereof.
Section 9. Motion for Reconsideration Not Allowed - The Auditor shall not entertain a motion for reconsideration of his audit decision, and any such motion shall be returned to the movant without action and with the advise for him to file an appeal instead to the Director pursuant to Rule V hereof.
RULE V
PROCEEDINGS BEFORE THE DIRECTOR
Section 1. Who may appeal. - An aggrieved party may appeal from the decision of the Auditor to the Director who has jurisdiction over the agency under audit.
Section 2. How Appeal Taken. - The appeal to the Director shall be taken by the filling an Appeal memorandum with the Director, copy furnished the Auditor. Proof of service of a copy to the Auditor shall be attached to the Appeal Memorandum. Proof of payment of the filling fee prescribed under these Rules shall likewise be attached to the Appeal Memorandum.
Section 3. Caption. - The party appealing shall be called the "Appellant" and the Auditor who rendered the decision appealed from, as the "Appellee".
Section 4. When Appeal Taken. - an Appeal must be filed within six (6) months after receipt of the decision appealed from.
Section 5. Interruption of Time to Appeal. - The receipt by the Director of the Appeal memorandum shall stop the running of the period to appeal which shall resume to run upon receipt by the appellant of the Director's decision.
Section 7. Power of Director on Appeal. - The Director may affirm, reverse, modify or alter the decision of the Auditor. If the Director reverses, modifies or alters the decision of the Auditor, the case shall be elevated directly to the Commission Proper for automatic review of the Directors' decision. The dispositive portion of the Director's decision shall categorically state that the decision is not final and is subject to automatic review by the CP.
Section 8. Relief from Accountability - The Director shall have original jurisdiction over requests for relief from accountability for losses due to fortuitous events or natural calamities involving amounts in excess of one hundred thousand pesos (P100,000.00) and for losses due to acts of man; i.e., theft, robbery, arson etc. involving amounts exceeding on hundred thousand pesos (100,000.00) but not more than five hundred thousand pesos (500,000.00).
Section 9. Period to Decide Case - The Director shall render his decision on the case within fifteen (15) days after submission of the complete documents necessary for evaluation and decision.
Section 10. Motion for Reconsideration Not Allowed - The director shall not entertain a motion for reconsideration of his decision and any such motion shall be returned to the movant without action and with the advise for him to file an appeal instead to the ASB or CP as the case may be, pursuant to Rule VI or Rule VII hereof.
RULE VI
PROCEEDINGS BEFORE THE ADJUDICATION AND SETTLEMENT BOARD (ASB)
Section 1. Composition of the Adjudication and Settlement Board (ASB) - The ASB is hereby reconstituted of the Assistant Commissioner of the Legal Services Sector (LSS) as Chairperson, and the Assistant Commissioners Government Sector as Members. Whenever the subject under c consideration involves engineering /technical accounting matters, the Assistant Commissioners of the Special Services Sector or Government Accountancy Sector , respectively , shall sit as members of the ASB. The LSS Assistant shall notify them accordingly.
Section 2. How the ASB Transacts Business - The ASB shall act as a body to render decisions on matters within its jurisdiction. The LSS Assistant Commissioner shall act as presiding officer of the meeting of the ASB which shall be held at least once a month. The ASB shall meet every first Wednesday of the month, or as often as necessary in the public interest or upon recommendation of any of the members.
Section 3. ABS Secretariat - The LSS Assistant Commissioner shall designate a senior staff of the Office of the General Counsel to serve as head of the ASB Secretariat who shall be responsible for the receipt and issuance of all communications of the ASB, the preparation of the agenda and minutes of its meetings , the maintenance of ASB records, and such other related functions as may be authorized by regulations or upon instruction of the ASB Chairperson.
Section 4. Original Jurisdiction - The ASB shall exercise original jurisdiction over cases involving the (1) write-off of unliquidated cash advances and dormant accounts receivable in an amount not exceeding One Million Pesos; and (2) requests for relief from accountability for losses due to acts of man, i.e arson, theft, robbery, etc. involving amounts in excess of five hundred thousand pesos (500,000.00) but not exceeding five million pesos (P5,000,000.00).
Section 5. How requests filed - Requests for write off of accounts or relief from accountability shall be filed with ASB Secretariat under the Office of the Assistant Commissioner of the LSS, in five (5) copies. It shall include a complete citation of the facts of the case, the grounds for the action sought; laws, rules and regulations relied upon and shall be accompanied b all documents referred to in the request and necessary for adjudication of the case.
Section 6. Appellate Jurisdiction - The ASB shall have appellate jurisdiction over the decision of the Director in case of disallowances and charges involving amounts not exceeding one million pesos (1,000,000.00) and over requests for relief from accountability.
Section 7. How Appeal taken - The apppeal to the ASB shall be taken by filling an Appeal Memorandum in five (5) copies with the ASB Secretariat under the Office of the LSS Assistant Commissioner, copy furnished the Director . Proofs of service of a copy to the Director and of the payment of filing fee shall be attached to the Appeal Memorandum.
Section 8. Caption - The party appealing shall be called the "Appellant" and the Director who rendered the decision appealed from shall be called the "appellee"
Section 9. When appeal taken - An aposal must be filed within the remaining of the six (6) months period, after receipt of the decision appealed from.
Section 10. In terruption of Time to Appeal - The receipt by the ASB of the Appeal Memorandum shal stop the running of the period ofto appeal which shall resume to run upon receipt by the appeliant of the ASB's decision.
Section 11. Director's Answer and Transmittal of Record - The ASC Chairperson shall; within five (5) days after of the Appeal Memorandum, direct the Director to submit an Answer together with the entire records of the case including an EDSE, every page of which shall be numbered at the bottom. The director shall comply with the order within fifteen (15) dyas from receipt thereof.
Section 12. Power of ASB on appeal - The ASB may affrim, reverse, modify or alter the decision of the Director.
Section 13. Decision of the ASB - The ASB shall review the case and render a decision within fifteen (15) days from receipt of the complete documents necessary fopr evaluation and decision.
Section 14. Motion for Recosideration Not Allowed - The ASB shall not entertain a motion for reconsideration of its decision ang any such motion shall be returned to the movant without action and with the advise for him to file a petiition for review instead to the CP pursuant to RULE VII hereof.
RULE II
PETITION FOR REVIEW TO THE COMMISSION PROPER
Section 1. Who May Appeal and Where to Appeal - The party aggrieved by a decision of the Director or the ASB may appeal to the Comission Proper.
Section 2. How Appeal Taken - Appeal shall be taken by filling a Petition For Review in five (5) legible copies; with the Comission Secretriat, a copy of which shall be served of the Director or the ASB who rendered the decision Proof of service thereof shall be attached to the petition together with the proof of payment of the filing fee prescribed under these Rules.
Section 3. Period of Appeal - The appeal shall be taken within the ntime remaining of the seix (6) months period under Section 4 V, taking into account the suspension of the running thereof under Section 5 of the same Rule in case of appeals from the Director's decision, or under Sections 9 and 10 of Rule VI in case od decision of the ASB.
Section 4. Caption - The party appealing for review shall be called the "Petitioner" and the Director or ASB as the "Respondent".
Section 5. Contents of petition - The petition for review shall conatin a concise stament of the facts and issues involved and the grounds relied upon for the review, and shall be accompanied by a certified true copy of the decision appelaed from, together with certified true copies of such relevant portions of the record as are referred to therein and other supporting papers. The petiotion state the specific dates to show that it was filed within the reglementary period.
Section 6. Order to Answer - Within five (5) dyas from receipt of the petition for rview, the Commision Secretary shall issue an Order requiring the Director or the ASB Chairperson to file his Anwer to the Petition and transmi the entire records of the case to the Commsiion Secretary.
Section 7. Filing of Answer And Transmittal of Record - Within fifteen (15) days from receipt of the Order to Answer, the Director/ASB Chairperson shall submit his Answer to the petition to the Commision Secretary together with the records of the case. A copy of the Answer shall be served on the petitioner by the Director or the ASB Chairperson. The answer shall (a) point out to the insufficiencies or inaccurates in the petitioner's staement of facts and issues and (b) state the reasons why the petition should be denied or dismissed.
Section 8. Reply - Petitioner may file a reply with the Commission Secretary, copy furnished the Director concerned or the ASB Chairperson within fiteen (15) dyas from receipt of the Answer. The Commission Proper, however, may direct any or all the parties to submit additional pleadings or documents which it may deem necessary in the proper adjudication of the case.
RULE VIII
ORIGINAL CASES FILED
DIRECTLY WITH THE COMMISSION PROPER
Section 1. Original Jurisdiction - The Commission Proper shall have original jurisdiction over: a) money claim against the Government; b) request for concurrence in the hiring of the legal retainers by government agency; c) write off of unliquidated cash advances and dormants accounts receivable in amounts exceeding one million pesos ( P1,000,000.00): d) request for relief from accountability for loses due to acts of man, i.e. theft, robbery, arson, etc. in amounts in excess of Five Million pesos ( 5,000,000.00).
Section 2. Money claim - A money claim against the government shall be filed directly with the Commission Secretary in accordance with the following:
a) Petition. - A claimant for money against the Government, whose claim is cognizable by the Commission Proper, may file a petition. The party seeking relief shall be referred to as "Petitioner" and the government agency or instrumentality against whom a claim is directed shall be referred to as "Respondent". The petition shall also be assigned a docket number as provided in these Rules.
b) Contents of Petition. - The petition shall contain the personal circumstances or juridical personality of the petitioner, a concise statement of the ultimate facts constituting his cause of action, a citation of the law and jurisprudence upon which the petition is based and the relief sought. The petition shall be accompanied by certified true copies of documents referred therein and other relevant supporting papers.
c) Filing of Petition. - The petition shall be filed with the Commission Secretary, a copy of which shall be served on the respondent. Proof of service of the petition on the respondent together with proof of the payment of filing fee shall be attached to the petition.
d) Order to Answer. - Upon the receipt of the petition, the Commission Secretary shall issue an Order requiring respondent to answer the petition within fifteen (15) days from receipt thereof.
e) Answer. - Within fifteen (15) days from receipt of the said Order, the respondent shall file with Commission Secretary an Answer to the petition. The answer shall be accompanied by certified true copies of documents referred to therein together with other supporting papers. The answer shall (a) point out insufficiencies or inaccuracies in the petitioner's statement of facts and issues and (b) state the reasons why the petition should be denied or dismissed or granted. Copy of the answer shall be served on the petitioner and proof of service thereof shall be attached to the answer.
f) Reply. - Petitioner may file a Reply, copy furnished the respondent, within fifteen (15) days from receipt of the Answer.
g) Comment by Concerned Offices. - Money claims, except court-adjudicated claims, shall first be assigned by the Commission Secretary to the appropriate Central or Regional Office, for comment and recommendation prior to referral to the Legal Services Sector for preparation of the decision and formal deliberation by the Commission Proper.
Section 3. Hiring of Legal Retainer - A request for concurrence of the Commission in the hiring of legal retainer shall be filed with the Office of the General Counsel who shall evaluate the same and issue the written concurrence or denial thereof in behalf of the Commission. A request for reconsideration or appeal therefrom shall be cognizable by the Commission Proper.
Section 4. Other Cases - Request for write off of accounts receivable or unliquidated cash advances exceeding P1 million; or relief from accountability for acts of man such as robbery, theft, arson in excess of P5 million; or approval of private sale of government property; or other matters within the original jurisdiction of the CP, shall be filed with the Commission Secretary. The Commission Secretary shall refer the case to the Central/Regional Office concerned for comment and recommendation and thereafter to the Legal Services Sector, for preparation of the draft decision for consideration of the Commission Proper.
RULE IX
PLEADINGS, MODE OF FILING, DOCKETING OF CASES AND FILING FEE
Section 1. Form of Pleadings. - Pleadings, motions and other petitions shall contain a caption setting forth the name and address of the Commission on Audit, the title of the case, the docket number and the description of the pleading. They shall be printed or typewritten double-spaced on legal size bond paper. Proof of service of such papers on the adverse party or auditor, Director, ASB Chairperson or other parties having a direct interest in the case is necessary and must be shown therein.
Section 2. Number of copies of pleadings. - Every petition, answer, reply, motion, notice and other papers required by these rules to be filed in a case before the Commission Proper, thru the Commission Secretary, shall be made in five (5) legible copies.
Section 3. Mode of Filing. - The filing of pleadings, motions and other papers may be done either by personal delivery or by registered mail. If the filing is made by personal delivery, the receiving clerk shall promptly and legibly stamp on the face of the first page of the pleading the exact date and time it was received and filed and thereafter affix his initials.
If the filing is by registered mail, the date of mailing stamped by the post office of origin, shall be considered as the date of filing. The envelope or a portion thereof showing the date of mailing and registry stamp containing the pleading, motion and other papers shall be attached thereto. The date of actual receipt shall also be legibly stamped or indicated on the first page of the pleading.
When a petition does not have the complete annexes or the required number of copies, the petitioner shall be required to complete the annexes or file the necessary number of copies of the petition before the case is docketed.
Section 4. Other Modes of Filing. - Pleadings, motions and other papers sent by ordinary mail, by private messengerial services, or by any mode other than personal delivery or registered mail, shall be deemed filed only on the date and time they are actually received. The date and time of actual receipt shall be stamped and signed by the receiving clerk.
Section 5. Payment of Filing Fee - Every petition/appeal filed before an adjudicating body/office of this Commission pertaining to the cases enumerated below shall be imposed a filing fee equivalent to 1/10 of 1% of the amount involved, but not exceeding P10, 000.00:
a) appeal from audit disallowance/charge
b) appeal from disapproval of request for relief from accountability
c) money claim, except if the claimant is a government agency
d) request for condonation of settled claim or liability except if between government agencies
Payment shall be made at the COA Central Office Cashier or at the Cashier of the COA Regional Finance Office. If not practicable, payment may be remitted through postal money order payable to the Commission on Audit.
Any appeal/petition without the required filing fee will be returned to the party concerned for compliance with such requirement.
Section 6. Docket and Assignment of Number - Upon the filing of the initial pleading or petition, the Office of the Commission Secretary, after having determined compliance with the requirements of these Rules, shall docket the same and assign to it a number. The numbering of initial pleadings or petitions must be consecutive according to the date they are received, and prefixed as follows:
COA CP Case No. _____________ - _____________
(Year) (Number)
After docketing and numbering, the original copy of the petition shall be fastened or bound to a folder. Subsequent pleadings, motions and other papers that will be filed in the course of the proceedings shall also be entered in the docket book, including the excerpts of the decision, and the original copies thereof shall be fastened to the same folder of the case and paged accordingly.
RULE X
PROCEEDINGS BEFORE THE COMMISSION PROPER
Section 1. Referral of Appealed Cases from Regional and Central Offices. - Within five (5) days from receipt of the complete records of the case from the Director concerned or the ASB Chairperson; as well as the Reply of the appellant/petitioner or in case no Reply is filed, upon expiration of the period to Reply, the Commission Secretary shall refer the case to the Legal Service Sector (LSS) for review and evaluation. The LSS shall prepare a draft decision, which shall be forwarded to the Commission Secretary within thirty (30) days from receipt of the complete records of the case.
Section 2. Referral of Money Claim Filed Directly with the Commission Proper. - Within five (5) days from receipt of the complete records of the case including the Answer of the Respondent or other parties in interest, the Commission Secretary shall refer the said records to the Director of the appropriate office in the Central/Regional Office who shall, within fifteen (15) days from receipt thereof, submit his comment and recommendation to the Commission Secretary.
The Commission Secretary shall, thereafter, refer the case to the LSS which shall evaluate the claim and prepare a draft decision to be submitted to the Commission Proper thru the Commission Secretary, within fifteen (15) days from receipt of the referral.
Section 3. Oral Argument. - Upon motion by a party, or motu proprio, the Commission Proper may call for oral arguments of the parties before the Commission Proper en banc subject to such limitation of time and issues as the Commission may prescribe. In lieu of oral arguments, the parties may be allowed to submit their respective memoranda within fifteen (15) days from notice thereof.
Section 4. Period for Rendering Decision. - Any case brought to the Commission Proper shall be decided within sixty (60) days from the date it is submitted for decision or resolution, in accordance with Section 4, Rule III hereof
Section 5. Procedure in Making Decisions. - The conclusion of the Commission Proper in any case brought before it for decision shall be reached after formal deliberation by its members.
Any member may write a separate concurring or dissenting opinion which shall form part of the decision. Any member who took no part, or dissented, or abstained from a decision or resolution must state the reason therefor.
Section 6. Form of Decision. - Every adjudication on the merits of a case shall be in the form of a decision which shall state clearly and distinctly the facts and the law on which it is based and signed by the members of the Commission Proper.
The copies of the agenda and excerpts of the minutes of the session of the Commission Proper and the resolution or decision pertaining to a case shall be duly attested by the Commission Secretary and shall be attached to the records of the case.
Section 7. Seal of the Commission. - The seal of the Commission on Audit, which shall be in the custody of the Commission Secretary, shall be affixed to all decisions or resolutions of the Commission as an indication of their official character.
Section 8. Number of Copies and Distribution of Decision. - Copies of the Decision or Resolution of the Commission shall be distributed as follows: (1) first original copy to the permanent Book of Decisions which shall be maintained and kept by the Commission Secretary; (2) second original copy to the Central Office Records Division of the Commission; (3) third original copy to the rollo or folder containing the original copies of the pleadings and other papers in the custody of the Commission Secretary; (4) one copy each to the Legal Services Sector, Auditor and Director concerned; (5) one copy each to the parties or their counsels in the case.
Section 9. Finality of Decisions or Resolutions. - A decision or resolution of the Commission upon any matter within its jurisdiction shall become final and executory after the lapse of thirty (30) days from notice of the decision or resolution, unless a motion for reconsideration is seasonably made or an appeal to the Supreme Court is filed.
Section 10. Motion for Reconsideration. - A motion for reconsideration may be filed within the time remaining of the period to appeal, on the grounds that the evidence is insufficient to justify the decision; or that the said decision is contrary to law. Only one (1) motion for reconsideration of a decision of the Commission shall be entertained.
Section 11. Form and Contents of the Motion for Reconsideration. - The motion shall be verified and shall point out specifically the findings or conclusions of the decision which are not supported by the evidence or which are contrary to law, making express reference to the testimonial or documentary evidence or the provisions of law that such finding or conclusions are alleged to be contrary to.
Section 12. Effect of Motion for Reconsideration and How It is Disposed Of. - A motion to reconsider a decision, complying with the immediately preceding section, suspends the running of the period to elevate the matter to the Supreme Court. Within two (2) days from its filing, the Commission Secretary shall refer the motion to the Director/ASB for comments. Upon receipt of the comments, he shall forward the same together with the motion to the Legal Services Sector for study and recommendation. The latter shall, within fifteen (15) days from receipt thereof, submit a draft decision, for the consideration of the Commission Proper.
Section 13. Entry of Decision. - If no appeal is filed within the time provided in these rules, the decision of the Commission shall be entered by the Commission Secretary in the Docket which contain the dispositive part of the decision and shall be signed by the Secretary with a certificate that such decision has become final and executory. Such recording of the decisions shall constitute the entry.
RULE XI
CONTEMPT
Section 1. Direct Contempt Punished Summarily. - A person guilty of misbehavior in the presence of or so near the Commission Proper or any of its members as to obstruct or interrupt the proceedings before it or them, including disrespect toward the Commission or its members, offensive personalities toward others or refusal to be sworn or to answer as a witness, or to subscribe to an affidavit or deposition when lawfully required to do so, may be summarily adjudged in contempt by the Commission or any of its members and shall be punished in accordance with the penalties prescribed in the Rules of Court.
Section 2. Indirect Contempt. - After a charge in writing has been filed by an aggrieved party before the Commission Proper or its members, and after an opportunity shall have been given to the respondent to be heard by himself or counsel, a person guilty of the following acts may be punished for contempt:
a. Misbehavior of any officer of the Commission in the performance of his official duties or in his official transactions;
b. Disobedience of or resistance to a lawful writ, process, order, judgment or command of the Commission or any of its members;
c. Any abuse of or any unlawful interference with the process or proceedings of the Commission or any of its members not constituting direct contempt under Section 1 of this rule;
d. Any improper conduct tending, directly or indirectly, to impede, obstruct, or degrade the administration of justice by the Commission or any of its members;
e. Failure to obey a subpoena duly served.
Section 3. Penalty for Indirect Contempt. - If adjudged guilty, the accused may be punished in accordance with the penalties prescribed in the Rules of Court.
RULE XII
JUDICIAL REVIEW
Section 1. Petition for Certiorari. - Any decision, order or resolution of the Commission may be brought to the Supreme Court on certiorari by the aggrieved party within (30) days from receipt of a copy thereof in the manner provided by law and Rules of Court.
When the decision, order or resolution adversely affects the interest of any government agency, the appeal may be taken by the proper head of that agency.
RULE XIII
ENFORCEMENT AND MONITORING OF DECISION
Section 1. Execution of Decision. - Execution shall issue upon a decision that finally disposes of the case. Such execution shall issue as a matter of right upon the expiration of the period to appeal therefrom if no appeal has been fully perfected.
Section 2. Notification of Finality of Decision (NFD) - An NFD directing the persons liable to pay/refund the amount disallowed shall be issued by the following officials, upon a decision that has become final and executory.
a) Auditor - for ND/NDC or Decision issued by him.
b) Director who supervised the special audit team - for ND/NDC issued by the audit team.
c) Director - for decision rendered by him.
d) General Counsel - for decision of the ASB
e) Commission Secretary - for decision of the CP
Section 3. COA Order of Execution - In case of failure of the person(s) liable to refund the amount disallowed/charged as provided in the preceding section, the COE directing the Cashier/Treasurer/Disbursing Officer to withhold payment of any money due such person(s) shall be issued by the following.
a) Director - for NFDs issued by him and the by Auditor.
b) General Counsel - for NFD issued by him and by the Commission Secretary, and for judgments rendered by the Supreme Court.
Section 3. Non-compliance with the COE. - In case of failure by the Cashier/Treasurer/Disbursing Officer to comply with the COE, the Auditor shall notify the agency head concerned of the non-compliance. All the same time, the Auditor shall report the matter through the COA Director concerned, to the General Counsel who shall take any or all of the following actions:
a. Recommendation to the Commission Proper to cite defaulting party in contempt;
b. Referral of the matter to the Solicitor General for the filing of appropriate civil suit;
c. Referral to the Ombudsman for the filing of appropriate administrative or criminal action.
Section 4. Holding the Defaulting Party in Contempt. - Any party who fails to comply with the COE may be held in contempt pursuant to Section 2, Rule XI of these Rules. The LSS shall study and evaluate the report of such non-compliance as cited in the preceding section and submit its recommendation to the Commission Proper within fifteen (15) days from receipt thereof.
Section 5. Referral to the Solicitor General. - To enforce civil liability, the Auditor shall submit to the Director concerned a report on COEs which have not been complied with. The report shall be duly supported with certified copies of the subsidiary records, and the payrolls/vouchers disallowed and collection charged, together with all necessary documents for the filing of the appropriate civil suit. The Director shall forward the report to the General Counsel who shall study and evaluate the same and submit his recommendations to the COA Chairman within fifteen (15) days from receipt thereof. Referral to the Office of the Solicitor General for its appropriate action may be made.
Section 6. Referral to the Ombudsman. - The Auditor shall report to his Director all instances of failure or refusal to comply with the decisions or orders of the Commission contemplated in the preceding sections. The COA Director shall see to it that the report is supported by the sworn statement of the Auditor concerned, identifying among others, the persons liable and describing the participation of each. He shall then refer the matter to the Legal Service Sector who shall refer the matter to the Office of the Ombudsman or other appropriate office for the possible filing of appropriate administrative or criminal action.
Section 7. Effect of Non-compliance. - Any delay in complying or refusal to comply with the order or decision of the Commission shall constitute a ground for contempt, and/or administrative disciplinary action against the officer or employee concerned.
RULE XIV
ADMINISTRATIVE CASES
Section 1. Applicability of Civil Service Law and Other Rules. - The procedures set forth in the pertinent provisions of the Civil Service Law, The Omnibus Rules Implementing Executive Order 292 and COA Memorandum No. 76-48, dated April 27, 1976, in administrative cases against officers and employees of the Commission, are hereby adopted and read into these rules.
read into these rules.
Section 2. Re-hearing. - In meritorious cases as may be determined by the Commission Proper, the Commission Proper may order a re-hearing of administrative case.
Section 3. Proposed Decision. - Upon termination of the formal investigation and the submission of the report of the hearing officer, or evaluation of respondent's Answer in case of waiver of formal investigation, the LSS shall within thirty (30) days thereof propose a decision for the consideration of the Commission Proper.
Section 4. Transmittal to the Commission Proper, - The LSS shall transmit to the Commission Proper through the Commission Secretary the proposed decision which shall contain the following particulars:
a. Administrative case title and number;
b. Respondent, position/designation and place of assignment;
c. A brief statement of material facts;
d. Findings and conclusion;
e. Penalty imposed, if warranted.
Section 5. Review by the Chairman and Commissioners. - The Commission Secretary shall furnish the members of the Commission with a complete set of the record of the case, together with the proposed decision and summary of the case, fr review.
Section 6. Finalization of the Decision. - After the review of the case by the Chairman and the Commissioners, the Commission Secretary shall calendar the same as an item in the agenda of the next regular meeting of the Commission Proper.
Section 7. Recording and release. - The Commission Secretary shall record the decision in the Docket of Administrative Case maintained by that office and thereafter send it to the Central Office Records Division which shall be responsible for its release and full dissemination to all concerned.
Section 8. Motion for Reconsideration. - The respondent may, within fifteen (15) days after receipt of the decision, file with the Commission Proper a motion for reconsideration thereof, in accordance with the procedure set forth under Section 39, 40, 41, and 42 of COA Memorandum No. 76-48
Section 9. Disposition of the Motion for Reconsideration. - The disposition of a motion for reconsideration shall be embodied in an appropriate resolution or issuance of the Commission Proper shall form part of the the records of the case. The procedure outlined for the disposition of administrative cases shall be observed.
Section 10. Appeal. - Appeals, where allowable, shall be made by the party adversely affected by the decision in accordance with the rules prescribed under existing Civil Service rules and regulations.
RULE XV
MISCELLANEOUS PROVISIONS
Section 1. Supplementary Rules. - In the absence of any applicable provision in these rules, the pertinent provisions of the Rules of Court in the Philippines shall be applicable by analogy or in suppletory character and effect.
Section 2. Any deviation from these rules, which does not affect the substantive rights of the parties, shall not invalidate the action taken by the Commission.
RULE XVI
REPEALING CLAUSE AND EFFECTIVITY
Section 1. Repealing Clause. - All resolution, rules, regulation, circulars, memoranda and other issuance of the Commission or parts thereof which are inconsistent with any of the provision of these rules are hereby deemed repealed or modified accordingly.
Section 2. Separability Clause, - If any part of these rules is declared unconstitutional, the remaining part not affected thereby shall remain valid and effective.
Section 3. Effectivity. - These rules shall be published in a newspaper of general circulation and shall take effect thirty (30) days after the completion of its publication.
APPROVED this 15th day of September, 2009
(SIGNED)
REYNALDO A. VILLAR
Chairman
(SIGNED)
JUANITO G. ESPINO
Commissioner
COMELEC Res. No. 8786, REVISED G.I. FOR THE MAY 2010 ELECTION
Republic of the Philippines
COMMISSION ON ELECTIONS
Manila
REVISED 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.
RESOLUTION NO. 8786 March 4, 2010
WHEREAS, on December 29, 2010, the Commission on Elections promulgated Resolution No. 8739 entitled "General Instructions for the Board of Election Inspectors (BEI) On the Voting, Counting and Transmission of Results In Connection With the May 10, 2010 National and Local Elections;
WHEREAS, there is a need to amend or revise portions of Resolution No. 8739 in order to fine tune the process and address procedural gaps;
NOW THEREFORE, pursuant to the powers vested in it by the Constitution, the Omnibus Election Code, Republic Act No. 9369, and other election laws, the Commission on Elections HEREBY RESOLVES to promulgate, the following Revised General Instructions for the Board of Election Inspectors (BEI) on the Voting, Counting, and Transmission of Results:
ARTICLE I
BOARD OF ELECTION INSPECTORS
Section 1. Board of Election Inspectors (BEI); constitutions and appointment. - The Commission on Elections, through its Election Officer, shall constitute not later than January 8, 2010, the BEI for each precinct/clustered precinct from the list of all public school teachers submitted by the Department of Education's (DepEd) highest official within the city/municipality/school district.
The BEI shall be composed of a Chairman and two (2) members, one of whom giving preference to those with permanent appointment and those who served in the immediately preceding National and Local Elections.
In all cases, the Election Officer shall ensure that at least one (1) member of the BEI shall be an information technology-capable person as certified by the Department of Science and Technology (DOST) after the training of the same.
In case there are not enough public school teachers, teachers in private schools, employees in the civil service, or citizens of known probity and competence who are registered voters of the city or municipality may be appointed as members of the BEI; provided, that the chairman shall be a public school teacher.
Section 2. Qualifications of members of the BEI. - No person shall be appointed as chairman or member of the BEI, whether regular, substitute or temporary, unless he:
a) Is of good moral Character and irreproachable reputation;
b) Is a registered voter of the city or municipality;
c) Has never been convicted of any election offense or of any other crime punishable by more than six (6) months of imprisonment;
d) Has no pending case against him filed in COMELEC/count for any election offense; and
e) Is able to speak, read and write English or the local dialect.
Section 3. Disqualification. - No person shall serve as chairman or member of the BEI if he or his spouse is related within the fourth civil degree of consanguinity or affinity to any member of the same BEI or to any candidate to be voted for or to the latter's spouse. Violation of this provision shall constitute an election offense as provided in Section 261 (bb), sub-par (3) of the Omnibus Election Code.
Section 4. Notice of disqualification. - Any chairman or member of the BEI who is disqualified for any reason shall immediately notify the Election Officer of such fact in writing, who shall in turn, appoint a substitute.
Section 5. Temporary vacancies in the BEI. - If, at the time of the meeting of the BEI, any member is absent or a vacancy exists, the members present shall call upon a substitute from the list of public school teachers submitted by the DepED to perform the duties of the absent member. If none is available, the members present shall appoint any qualified non-partisan voter of the precinct to temporarily fill said vacancy until the absent member appears. In case there are two members present, they shall act jointly.
Section 6. Arrest of absent members. - The member or members of the BEI present may order the arrest of any member who, in his or their judgment, has absented himself with the intention of obstructing the performance of the duties of the BEI.
Section 7. Appointment and oath of members of the BEI. - The Election Officer shall accomplish the form for the Appointment of the Chairman and Members of the BEI (A5) in three (3) copies, and require the chairman and members of the BEI to affix their signature and imprints of their right thumbs on the Oath of Office (A5-A) before him before assumption of office. (As Revised)
Copies of the Appointment and Oath (A5 & A5-A) shall be distributed, as follows:
(As revised)
a) The first and second copies shall be retained by the Election Officer. One copy shall be for his file and the other shall be attached to the payroll for payment of honorarium of the BEI; and
b) The third copy shall be issued to the chairman/members of the BEI.
Section 8. Minutes of Testing and Sealing; Voting and Counting (Minutes). - The BEI shall enter in the Minutes (A11), the act or data therein required as they occur or become available during voting, counting, and transmission of results. Copies thereof shall be sealed in separate envelopes, to be distributed as follows: (As Revised)
a) First copy, to the Election Officer, who shall transmit it to the Election Records and Statistics Department (ERSD) in Manila; and
b) Second copy, to be deposited inside the compartment of the ballot box. (As Revised)
Section 9. Support Staff. - There shall be in addition to the regular members of the BEI
Depending on the number of precincts clustered, a maximum of three (3) support staff, who are registered voters in the precinct/clustered precinct where they are assigned. They shall be appointed/designated by the Election Officer, subject to the qualifications and conditions provided under Sections 2, 3 and 7 hereof, in such manner as indicated below:
NO. OF PRECINCTS IN A CLUSTER NO. OF SUPPORT STAFF
1 to 2 0
3 1
4 2
5, 6 and 7 3
They can neither participate in any deliberation of the BEI nor vote on any issue or question that may arise during the proceedings.
In case of absence of all or any of the support staff on the day of the election, the BEI, by majority vote, may designated ant registered voter in the precinct/clustered precinct as substitute, subject to the provisions of Sections 2, 3 & 7 hereof. Such fact shall be recorded in the Minutes.
Section 10. Powers and functions of the BEI. - The BEI shall have the following powers and functions:
a) Conducts the voting in the polling place and administer the election counting of voters;
b) Print the election returns and transmit electronically the election results, through the use of the PCOS machine, to the:
i. City/Municipal Board of Canvassers; (Renumbered)
ii. Central Server; and (As revised)
iii. Dominant majority party, dominant minority party, accredited citizens' arm and KBP. (As revised)
c) Act as deputies of the Commission in the conduct of the elections;
d) Maintain order within the polling place and its premises; keep access thereto open and unobstructed; enforce obedience to its lawful orders and prohibit the use of cellular phones and camera by the voters. If any person refuses to obey the lawful orders of the BEI or conducts himself in a disorderly manner in its presence or within its hearing and thereby interrupts or disturbs its proceedings, the BEI may issue an order in writing directly any peace officer to take said person into custody until the adjournment of the meeting, but such order shall not be executed as to prevent said person from voting. A copy of such written order shall be attached to the Minutes; and (As Revised)
e) Perform such other functions prescribed by law or by the rules and regulations promulgated by the Commission.
Section 11. Proceedings of the BEI. - The meeting of the BEI shall be public and shall be held in the polling place designated by the Commission.
The BEI shall act through its chairman and shall decide by majority vote, without delay, all question, which may arise in the performance of its duties.
Section 12. Voting Privilege of the Members of BEI. - Members of the BEI who are registered voters in precincts other than where they are assigned, may avail of the Local Absentee Voting, or on the day of the elections, vote in the precincts where they are registered, provided that they do so when the voting in their respective places of assignments is light, and their absence shall not be for more that twenty (20) minutes. For this purpose, they shall schedule their voting so that only one member of the BEI shall leave at any one time. (As Revised)
Section 13. Prohibition against political activity. - No member of the BEI or its support staff shall engage in any partisan political activity or take part in the election except to discharge his duties as such and to vote.
Section 14. Honoraria of the BEI and their support staff; /DepEd Supervisor and their support staff. - The chairman and members of the BEI shall each receive an honorarium of three thousand pesos (P3,000.00). In addition, each shall receive P500.00 for the Inspection, Verification and Sealing of Book of Voters; P500.00 for the Testing and Sealing of Machines; P300.00 for one-time transportation allowance and service credits for three days of service (day before the elections, election day and day after elections). (As Revised)
Support Staff shall receive an honorarium of P1,500.00 each and service credits for three (3) days of service (day before the elections, election day and day after elections). (As Revised)
There shall be at least one (1) DepEd Supervisor Official with one (1) support staff for every polling center. In case of polling centers with more than ten (10) clustered precincts, an additional DepEd supervisor official with one (1) support staff shall be constituted, as follows: (New)
No. of clustered precincts No. of DepEd Supervisor Official No. of support staff
1-10 1 1
11-20 2 2
21-30
… and so on 3 3
The DepEd Supervisors, in coordination with the Election Officer, shall, among other things:
a) Plan, organize and supervise the setting-up of a voter assistance center at the polling center to assist voter in locating their polling places;
b) Plan, organize and supervise the crowd management at the entrance areas of polling places;
c) Maintain a list of technical personnel as well as PNP and AFP personnel in the polling centers for efficient coordination in case of need; and
d) Serve as the contact and point person of the EO in the polling center.
The Support Staff of the DepEd Supervisor shall assist the latter in undertaking the abovementioned functions.
Supervisors for ten clustered precincts shall receive an honorarium of P3,000.00 and service credits for three (3) days of service (day before the elections, election day, and day after elections); while their support staff shall receive an honorarium of P1,500.00 and service credits for three (3) days of service (day before the elections, election day, and day after elections) (New)
The COMELEC shall allocate the amount of Thirty Million Pesos (P30,000,000.00) for election-related death or injuries that may be sustained by DepEd employees in the performance of election duties. Provided that in case of death while in the performance of election duties, the heirs of the deceased official/employee shall be given the amount of Two Hundred Thousand Pesos (P200,000.00). (As Revised)
ARTICLE II
WATCHERS
Section 15. Official watchers of candidates, political parties and other groups. - Each candidate and registered political party or coalition of political parties duly registered with the Commission and fielding candidates in the election, as well as duly accredited citizens' arms may point two watchers, to serve alternately, in every polling place. However, candidates for Senator, candidates for Member, Sangguniang Panlalawigan or Sangguniang Panlungsod, or Sangguniang Bayan, belonging to the same ticket or slate, shall collectively be entitled to one watcher.
Duly accredited citizens arms of the Commission shall be entitled to appoint a watcher in every polling place. Other civil, professional, business, service, youth, and any other similar organizations with prior authority of the Commission, shall be entitled collectively be entitled to one watcher.
If, because of limited space, all watchers cannot be accommodated in the polling place, preference shall be given to the watchers of the dominant majority and dominant minority parties as determined by the Commission and the watcher of the citizens' arm, with the latter being given preferential position closest to the BEI. In case there are two or more citizen's arm, the one authorized by the Commission to conduct an unofficial count shall be given preference. (As Revised)
Section 16. Qualifications of watchers. - No person shall be appointed watcher unless he:
a) Is a registered voter of the city or municipality comprising the precinct where he is assigned;;
b) Is of good reputation;
c) Has not been convicted by final judgment of any election offense or of any other crime;
d) Knows how to read and write Pilipino, English or of the prevailing local dialect; and
e) Is not related within the fourth civil degree of consanguinity or affinity to the chairman or to any other member of the BEI in the polling place where he seeks appointment as watcher.
Section 17. Rights and duties of watchers. - Upon entering the polling place, the watchers shall deliver to the chairman their appointments as watchers, and their names shall forthwith be recorded in the Minutes with a notation under their signatures that they are not disqualified to serve as such under the immediately preceding Section. The appointments of the watchers shall bear the signature of the candidate or duly authorized representative of the party, organization or coalition that appointed them. For this purpose, at least fifteen (15) days before election day, independent candidates, registered parties, organizations, or coalitions authorized by the Commission to appoint watchers shall provide the Election Officers concerned with the names and signatures of their representatives authorized appoint watchers in the city or municipality.
The watchers shall have the right to:
a) Witness and inform themselves of the proceedings of the BEI;
b) Take note of what they may see or hear;
c) Take photographs of the proceedings and incidents, if any, during the voting, counting of votes, as well as of the generated election returns and of the ballot boxes;
d) File a protest against any irregularity or violation of law which they believe may have been committed by the BEI or any of its members or by any person; and
e) Obtain from the BEI a certificate as to the filling such protest and the resolution thereof.
Watchers shall not speak to any member of the BEI, or to any voter or among themselves, in such a manner as would disturb the proceedings of the BEI.
The watchers representing the dominant majority and dominant minority parties fielding candidates and the watcher of the citizens arm shall, if available, affix their signatures and thumbmarks in the election returns.
ARTICLE III
ELECTION FORMS AND SUPPLIES
Section 18. Election forms documents and supplies. - Except when authorized to do so earlier by the Commission, the BEI shall get the forms, documents and supplies early in the morning of election day. The City/Municipal Treasurer shall distribute the following forms, documents and supplies per precinct/clustered precincts.
FROM THE CITY/MUNICIPAL TREASURER
CEF NO. DESCRIPTION RATE OF DISTRIBUTION
ELECTION FORMS
Poster Indicating the Clustered Precincts'
A3 Numbers 1 Piece
A6 Official Ballots 1 pc. Per voter
A12 Paper Seal 75 Pieces
A14 Certificate of Receipt of Official Ballots, Other Forms and Supplies by BEI 3 Pieces
A27 Official Receipt of Election Returns 30 Pieces
ENVELOPES FOR VOTING AND COUNTING
A15 For Rejected ballots, Half of Torn Unused Official Ballots and Other Half of Torn Unused Official Ballots 3 Pieces
A17 For Election Returns 30 Pieces
OTHER ENVELOPES
A18-A For Main Memory Card, I-button Security Key, PIN's, Initialization Report, Audit Log, and Precinct Statistical Report 6 Pieces
OTHER FORMS
A30/A31 Temporary Appointment of Chairman/Poll Clerk/ Third Member/Support Staff 10 Pieces
A35 Certificate of Challenge or Protest and Decision of the BEI 10 Pieces
A39 Oath of Voter Challenge for Illegal Acts 10 Pieces
A40 Oath of Identification of Challenged Voter 10 Pieces
SUPPLIES
Bond Paper (long) 30 Pieces
Ballot Secrecy Folder 22 Pieces
Thumbprint Taker 1 pc. per precinct in a cluster
Seal with Steel Wire for Ballot Box 1 Piece
Indelible Stain Ink 2 Bottles per precinct cluster
Instruction to Voters 1 Pc. per clustered precinct
Marking pens 1or2 Box/es
Ballpen 6 Pieces
(As Revised)
FROM THE ELECTIION OFFICER
a) Book of Voters;
b) One (1) copy of the Precinct Computerized Voters List (PCVL) and supplemental PCVL, if any, for posting outside the precinct;
c) Two (2) copies of Election Day Computerized Voters List (EDCVL)/ (List of Voters with Voting Record) and supplemental EDCVL, if any; and
d) Copies of Appointment and Oath of Office of the BEI and Support Staff (A5 & A5-A). (As Revised)
The Book of Voters should be duly sealed. The PCVL and EDCVL should all be duly certified by the Election Registration Board.
The poll clerk, third member and the support staff, if any, shall have custody of the Book of Voters and one (1) copy of the EDCVL.
The BEI shall carefully check the different election forms, documents and supplies and the quantity actually received. The BEI shall sign a Certificate of Receipt (A14) in three copies, the original of which shall be delivered to the City/Municipal Treasurer, who shall transmit the same to the ERSD, Comelec, Manila, immediately after election day. (As Revised)
Section 19. Forms to be reproduced when needed. - The following forms may be reproduced when needed:
a) Temporary Appointment of Chairman/Poll Clerk/Member (Annex "A");
b) Certificate of Challenge or Protest and Decision of the BEI (Annex "B");
c) Oath of Voter Challenger for Illegal Acts (Annex "C"); and
d) Oath to Identify A Challenged Voter (Annex "D").
ARTICLE IV
DATE, TIME, AND PLACE OF VOTING
Section 20. Date of election. - The election shall be held on May 10, 2010.
Section 21. Voting hours. - The casting of votes shall start at seven o'clock in the morning and shall end six o'clock in the evening of election day.
If at six o'clock there are still voters within thirty (30) meters in front of the polling place who have not yet cast their votes, voting shall continue but only to allow said voters to cast their votes without interruption. The poll clerk shall, without delay, prepare a complete list containing the names of said voters consecutively numbered, The voters listed shall be called to vote by the poll clerk by announcing each name three (3) times in the order in which they are listed. Any voter in the list who is not present when called shall not be allowed to vote at any later time. The said list shall be submitted to the Election Officer.
Section 22. Place of voting. - Voters shall cast their votes in the polling place designated by the Commission. The poster indicating the clustered precinct number (A3) shall be prominently posted near or at the door of the polling place.
Section 23. Who may vote. - All registered voters whose names appear in the Posted Computerized Voters List (PCVL) or EDCVL, or whose registration records have not been cancelled or deactivated, may vote in the election.
Section 24. Challenge against illegal voters. - Any voter or watcher may challenge any person offering to vote for:
a) Not being registered;
b) Using the name of another; or
c) Suffering from an existing disqualification.
In such case, the BEI shall satisfy itself as to whether or not the ground for the challenge is true by requiring proof of registration, identity or qualification. The BEI shall identify the voter through his photograph, fingerprint, or specimen signatures in the VRR or EDCVL. In the absence of any of the above-mentioned proof of identity, any member of the BEI may identify under oath a voter, and such act shall be reflected in the Minutes.
Section 25. Challenge based on certain illegal acts. - Any voter or watcher may challenge any voter offering to vote on the ground that he:
a) Received or expects to receive, paid, offered or promised to pay, contributed, offered or promised to contribute money or anything of value as consideration for his vote or for the vote of another; or
b) Made or received a promise to influence the giving or withholding of any such vote; or
c) Made a bet or is interested directly or indirectly in a bet that depends upon the results of the election.
In such case, the challenge voter shall take on oath before the BEI that he has not committed any of the acts alleged in the challenge. Upon taking such oath, the challenge shall be dismissed and the voter shall be allowed to vote. In case the voter refuses to take such oath, the challenge shall be sustained and the voter shall not be allowed to vote.
Section 26. Record of challenge and oaths. - The BEI shall record in the Minutes all challenges and oaths taken in connection therewith and its decision in each case.1awph!1
Section 27. Rules to be observed during the voting. - During the voting, the BEI shall be to it that:
a) Voters shall vote in the order of their arrival in the polling place;
b) No watcher shall enter the place reserved for the voters and the BEI, nor mingle and talk with the voters;
c) No person carrying any firearm or any other deadly weapon, except those expressly authorized by the Commission, shall enter the polling place;
d) There shall be no crowding of voters and disorderly behavior inside the polling place; and
e) The ballot box shall remain locked during voting.
Section 28. Persons allowed inside the polling place. - Only the following persons shall be allowed inside the polling place:
a) Members of the BEI and support staff, if any;
b) Watchers who shall stay only in the space reserved for them;
c) Representatives of the Commission;
d) Technical support staff assigned in the voting center duly designated by the Commission who may be summoned by the BEI in order to address some technical problems;
e) Voters casting their votes;
f) Voters waiting for their turn to cast their vote;
g) Other persons who may be specifically authorized by the Commission.
Section 29. Persons not allowed to enter the polling place. - Unless specifically authorized by the Commission, it is unlawful for the following to enter any polling place or stay within a radius of fifty (50) meters thereof, except to vote:
a) Any officer or member of the Armed Forces of the Philippines or the Philippine National Police; (Renumbered)
b) Any peace officer or any armed person belonging to any extra-legal police agency, special forces, reaction forces, strike forces, Civilian Armed Force Geographical Units, barangay tanods or other similar forces or para-military forces, including special forces, security guards, special policeman; (Renumbered)
c) All other kids of armed or unarmed extra-legal police forces; and (Renumbered)
Section 30. Prohibition on voting. - It shall be unlawful for a voter to:
a) Bring the ballot, ballot secrecy folder or making pen outside of the polling place;
b) Speak with anyone other than as herein provided while inside the polling place;
c) Prepare his ballot without using the ballot secrecy folder or exhibit its contents;
d) Fill his ballot accompanied by another, except in the case of an illiterate or person with disability/disabled voter;
e) Erase any printing from the ballot, or put any distinguishing mark on the ballot;
f) Use carbon paper, paraffin paper or other means of making a copy of the contents of the ballot, or otherwise make use of any other scheme to identify his vote, including the use of digital cameras, cellular phones with camera or similar gadgets;
g) Intentionally tear or deface the ballot; and
h) Disrupt or attempt to disrupt the normal operation of the PCOS.
Section 31. Preparation of ballots for illiterate and person with disability/disabled voters. - No voter shall be allowed to vote as illiterate or person with disability/disabled unless such fact is indicated in the EDCVL or VRR. If so, he may be assisted in the preparation of his ballot, by any:
a) Relative within the fourth civil degree of consanguinity and affinity; or (As Revised)
b) Any person of his confidence who belongs to the same household; or
c) Any member of the BEI. (As Revised)
A person with physically impaired capacity to use the AES may also be assisted in feeding his ballot into the PCOS. The assistor shall ensure that the contents of the ballot are not displayed during the feeding of the same into PCOS.
All assistor must be of voting age.
No person may assist an illiterate or person with disability/disabled voter more than three (3) times, except the members of the BEI.
In all cases, the poll clerk shall first verify from the illiterate or person with disability/disabled voter whether the latter had authorized the assistor to help him to cast his vote.
The assistor shall, in the presence of the illiterate or person with disability/disabled voter prepare the ballot using a ballot secrecy folder.
The assistor shall bind himself in writing and under oath to fill the ballot strictly in accordance with the instructions of the voter and not reveal the contents thereof, by affixing his signature in the appropriate space in the Minutes.
Section 32. Accessibilty of polling place to person with disability/disabled voters. - All polling places of precincts where there are persons with disability/disabled voters shall be located at the ground floor of the voting centers, unless not feasible. For this purpose, the EOs shall coordinate with the proper school or building officials.
Section 33. Prohibition against premature announcement of voting. - During the voting, no member of the BEI shall make any announcement as to whether a certain registered voter has already voted or not, as to how many have already voted or how many so far have failed to vote or any other fact tending to show or showing the state of the polls; nor shall he make any statement at any time, except as witness before a court or body as to how many persons voted.
ARTICLE V
PROCEDURES OF VOTING, COUNTING OF VOTES AND TRANSMISSION OF PRECINCT RESULTS
Section 34. Preliminaries to the voting. - The BEI shall meet at the polling place at six o'clock in the morning of Election Day and ensure that the PCOS box and the ballot box are inside the poling place. (As Revised)
a) Post one copy of PCVL of each precinct in the cluster, near or at the door of the polling place; (As Revised)
b) Show to the public and the watchers present that the; (As Revised)
i. PCOS box is sealed;
ii. Ballot box is locked and empty;
iii. Package of official ballots and the Book of Voters are both duly sealed, and thereafter, break the seals.
c) Remove the sticker seal of the PCOS box; (As Revised)
d) Open the PCOS box; (As Revised)
e) Check whether the following are inside the PCOS box: (As Revised)
i. Checklist of contents of the box;
ii. PCOS machine;
iii. Power cord of the PCOS;
iv. One (1) envelope containing spare iButton;
v. Three (3) rolls of official thermal paper;
vi. Three (3) PINs of the BEI;
vii. One (1) PIN for re-zeroing which shall remain in the PCOS box;
viii. Modem, if any*
ix. Two (2) copies of the Minutes
* There shall be at least one (1) Modem in every polling center.
f) Retrieve the Minutes from the PCOS box and: (As Revised)
i. Check if the seal number of the seal used in the PCOS box is the same as the serial number recorded in the Testing and Sealing of the Minutes;
ii. Enter in the Minutes the number of ballots as indicated in the package of the ballots; and not the fact that the PCOS box, package of ballots, and the Book of Voters were shown on the public with the seals intact.
g) Retrieve the PIN of the BEI and distribute the same among themselves. The re-zero PIN shall not be used on election day; (As Revised)
h) Retrieve the PCOS from its box; (As Revised)
i) Show to the public that the printer cover of the PCOS, slots labeled POLL WORKER and ADMINISTRATION where the main memory card and back-up memory card, respectively are stored, and sealed; (As Revised)
j) Unlock the sliding cover of the ballot box slit and break its plastic security seal; (As Revised)
k) Place the PCOS properly on top of the ballot box; (As Revised)
l) Break the plastic fixed length seal of the printer cover of the PCOS; (As Revised)
m) Open the printer cover and the Chairman shall take out the iButton security key; (As Revised)
n) Verify that the roll of paper is already properly installed; (As Revised)
o) Close the printer cover; (As Revised)
p) Connect the power adoptor to the PCOS AC power port (20VAC); (As Revised)
q) Plug the other end to the electrical outlet; (As Revised)
r) Connect the battery to the PCOS DC power port (12 VDC). If there is no power, using a pen, press the RESET button located at the top of the PCOS AC power port; (As Revised)
s) Wait until PCOS displays the message "PLEASE INSERT SECURITY KEY FOR AUTHENTICATION"; (As Revised)
t) The Chairman shall 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. Wait until the "MAIN MENU" is displayed. The iButton shall be in custody of the Chairman until the closing of voting.;(As Revised)
u) The certified IT-capable member of the BEI shall perform the following procedures: (As Revised)
i. Select "OPEN VOTING" from the Main Menu;
ii. The PCOS shall then request for the PIN of the poll clerk who will then enter his PIN and press "ENTER";
iii. Validate the PIN and display a message "PIN ACCEPTED";
iv. Request for the second PIN from the third member who will then enter his PIN and press "ENTER";
v. Validate the PIN and display a message "PIN ACCEPTED";
vi. Display two (2) options: "INITIALIZE VOTE COUNTERS" and "PREVIOUS SCREEN";
v) Press the "INITIALIZE VOTE COUNTERS" option of the PCOS. The PCOS shall: (As Revised)
i. Display the message "INITIALIZING VOTE COUNTERS";
ii. Automatically print the Initialization Report showing zero ("0") vote for each candidate including the geographic information (province, city/municipality, barangay, voting center and individual precinct in the cluster);
iii. After printing the Initialization Report, the PCOS will display the message, "WOULD YOU LIKE TO PRINT MORE COPIES OF THIS REPORT?" with "YES" and "NO" options. Press "NO". The PCOS will display the message "PLEASE INSERT BALLOT". Now, the PCOS is ready to accept ballots.
w) Detach the Initialization Report, affix their signatures thereon including the representatives of the political parties, candidates or citizens arms present; (As Revised)
x) The Chairman shall then place the Report inside the envelope (A18-A) for submission to the Election Officer after the voting, for his safekeeping. (As Revised)
Section 35. Manner of obtaining ballots. - The voter shall:
a) Look for his name in the PCVL posted near the door of the voting center and determine his precinct number and sequence number; (Renumbered)
b) 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; (Renumbered)
c) 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: (Renumbered)
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 identity under oath a voter, and such act shall be reflected in the Minutes.
iii. 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.
d) Before giving the ballot to the voter, the chairman of the BEI shall: (As Revised)
i. 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 already 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; (Renumbered)
ii. After verifying that no fingernail has been stained, affix his signature in the EDCVL; (Renumbered)
iii. Authenticate the ballot by affixing his signature at the designated space at the front thereof; (Renumbered)
The failure to authenticate the ballot shall not invalidate the ballot but shall constitute an election offense.
iv. Instruct the voter on how to fill-up the ballot properly. (Renumbered)
v. 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. (Renumbered)
Only the chairman shall issue the official ballots, and more than one ballot shall be issued at one time.
vi. Require the voter to affix his signature on the proper space in the EDCVL. (Renumbered)
Section 36. Manner of voting. - Voting shall be conducted in the following manner:
a) 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; (Renumbered)
b) The voter shall then approach the PCOS, insert his ballot in the ballot entry slot and wait until message "CONGRATULATIONS. YOUR VOTE HAS BEEN REGISTERED." appears on the screen. 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; (As Revised)
c) The BEI 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; (Renumbered)
d) The voter shall affix his thumbmark on the corresponding space in the EDCVL; and (Renumbered)
e) The voter shall then leave the polling place. (Renumbered)
Section 37. Shortage of ballots; Procedure. - In case the official ballots of a precinct have all been used up and there are still voters registered in the precinct waiting to cast their votes, the Chairman shall: (New)
a) Do steps (c) to (d) under Section 34 thereof;
b) Issue a Certification to the voter, stating that he is a registered voter of the precinct, but there are no more available ballots for use;
c) Record such facts in the Minutes; and
d) Request the Third Member to accompany the voter to the next precinct belonging to the same councilor district, where he shall cast his vote.
e) The Chairman of the precinct where the voter is directed to vote shall:
i. Require the voter the Certification issued by the Chairman of his precinct;
ii. Record in the Minutes the name of the voter, his precinct number and the fact that a Certification by the Chairman of the precinct that there are no more available ballots thereat;
iii. Write the name of the voter in the EDCVL indicating opposite his name his precinct number; and
iv. Before issuing a ballot, observe Steps (c) to (d) of Section 34 and ensure that the voter observes procedure under Section 35 hereof.
Section 38. Rejected ballots; Procedure. - Ballots may be rejected by then PCOS during the scanning. There will be three (3) different types of messages when the PCOS rejects a ballot. For each messages, the BEI shall observe the following procedures: (As Revised)
a) "AMBIGUOUS MARK"
i. Let the voter review his ballot and ensure that the ovals opposite the name of candidate/party voted for are fully shaded.
b) "MISREAD BALLOT" - let the voter re-feed the ballot in 4 different orientations of ballot.
c) "INVALID BALLOT"
i. Verify if the ballot belongs to the precinct. If the ballot belongs to another precinct, the voter shall return the ballot to the Chairman who shall proceed to Step 4 and 5 hereof;
ii. If the ballot belongs to the precinct, let the voter re-feed the ballot in 4 different orientations.
d) In all cases, if the PCOS rejects a ballot, the voter shall return the ballot to the Chairman who shall:
i. Distinctly mark the back thereof as "REJECTED";
ii. Require all members of the BEI to sign at the back thereof, and place inside the Envelope for Rejected Ballots (A15).
e) No replacement ballot shall be issued to a voter whose ballot is rejected by the PCOS;
f) Any party objecting to the rejection of the ballot shall reduce his objection in writing, which the BEI shall attach and note in the Minutes.
Section 39. Disposition of unused ballots. - After the voting, the chairman in the presence of the BEI shall: (Renumbered)
a) Record in the Minutes the quantity of unused ballots; (Renumbered)
b) Tear the unused ballots in half lengthwise; (Renumbered)
c) Place one half in the envelope (A15), and submit to the EO for safekeeping; and (Renumbered)
d) 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. (Renumbered)
Section 40. Counting of ballots and transmission of results; Procedure. (Renumbered) (As Revised)
a) At the end of voting and before the start of counting of votes, the Chairman shall place the iButton security key on top of the iButton security key receptacle and apply slight pressure thereon. Remove the iButton security key from its receptacle, after which the PCOS will display the Main Menu;
b) Press the "CLOSE VOTING" option in the Main Menu;
c) 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;
d) 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".
e) The screen will display a message "POLL IS BEING CLOSED PLEASE WAIT" followed by another message "VOTING HAS BEEN CLOSED NO MORE BALLOTS WILL BE ACCEPTED BY THIS PCOS";
f) Thereafter, the PCOS shall automatically count the votes and immediately display a message "WOULD YOU LIKE TO DIGITALLY SIGN THE TRANSMISSION FILES WITH A BEI SIGNATURE KEY?", with a "YES" or "NO" option;
g) Press "NO" option. The PCOS will display "ARE YOU SURE YOU DO NOT WANT TO APPLY A DIGITAL SIGNATURE?" with a "YES" and "NO" option;
h) Press "YES" option. A message shall be displayed "PRINTING 8 COPIES OF NATIONAL RETURNS. PLEASE WAIT";
i) A message shall be displayed "WOULD YOU LIKE TO PRINT MORE COPIES OF THIS REPORT" with a "YES and "NO" options. Press "NO" option;
j) Thereafter, the PCOS will display "PRINTING 8 COPIES OF LOCAL RETURNS. PLEASE WAIT…" and the PCOS automatically prints the 8 copies;
k) A message shall be displayed "WOULD YOU LIKE TO PRINT MORE COPIES OF THIS REPORT" with a "YES" and "NO" options. Press "NO" option;
l) Detach the 8 copies of the ERs. After which, members of the BEI shall affix their signatures and thumb marks thereon;
m) The BEI shall ask the watchers present to affix their signatures on the printed ERs;
n) Place each copy of ER in its corresponding envelope and seal with a paper seal;
o) The chairman of the BEI shall publicly announce the total number of votes received by each candidate, stating their corresponding offices;
p) The poll clerk shall announce the posting of a 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;
q) After forty-eight (48) hours following the posting, the chairman of the BEI shall detach the posted printed copy on 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;
r) The PCOS will display a message "READY TO TRANSMIT. PLEASE PLUG IN TRANSMISSION CABLE TO ELECTRONICALLY TRANSMIT ELECTION REPORTS AND PRESS OK TO CONTINUE";
s) Connect the transmission medium to the PCOS and press the "OK" button;
t) The PCOS will display a message "DETECTING MODEM";
u) If the modem is properly connected, the PCOS will display the message "MODEM DETECTED";
v) If checking of modem fails, the PCOS will display the message "MODEM NOT DETECTED" followed by the message "TRANSMISSION CABLE NOT CONNECTED. RETRY?" with "YES" and "NO" options. Check the connection of the transmission medium to the PCOS and if it is properly set up, press the "YES" button;
w) If after three (3) attempts, the transmission medium still fails, call the Support Technician.
x) The PCOS will display the following messages in succession:
i. "IDENTIFYING TARGET SERVER
ii. "SERVER IDENTIFIED"
iii. "CONTACTING SERVER RETRIES ";
iv. TRANSMITTING FILE [1/1] TO" with percentage of completion
y) Wait until the message "ELECTION REPORT SUCCESSFULLY TRANSMITTED TO" is displayed;
The same message will appear when transmitting to central server and KBP-Parties-Citizen server.
z) After successful transmission to MBOC, KBP-Parties-Citizens and Central Server, the PCOS will display a message "ALL ELECTION REPORTS HAVE BEEN SUCCESSFULLY TRANSMITTED TO 3/3 LOCATIONS. PLEASE DISCONNECT TRANSMISSION CABLE";
aa) Disconnect the transmission medium. The PCOS will display a message "PRINTING TRANSMISSION REPORT. PLEASE WAIT…" Followed by a message "WOULD YOU LIKE TO PRINT MORE COPIES OF THIS REPORT" with "YES" and "NO" options. Press "NO" option;
bb) The PCOS will display a message "READY TO PRINT FINAL 22 COPIES OF ELECTION RETURNS. PLEASE REPLACE THERMAL PRINTER PAPER ROLL. PRESS OK WHEN READY" with "OK" button;
cc) Replace thermal printer paper roll and press "OK" button;
dd) The PCOS shall display the message "PRINTING 22 COPIES OF NATIONAL RETURNS. PLEASE WAIT" followed by the message "WOULD YOU LIKE TO PRINT MORE COPIES OF THIS REPORT?" with a "YES" and "NO" option. Press "NO" option;
ee) The PCOS display the message "PRINTING 22 COPIES OF LOCAL RETURNS. PLEASE WAIT" followed by the message "WOULD YOU LIKE TO PRINT MORE COPIES OF THIS REPORT?" with a "YES" and "NO" option. Detach the printed 22 copies of Local Returns and press "NO" option;
ff) The PCOS shall display the message "PRINTING STATISTICAL REPORT PLEASE WAIT" followed by the message "WOULD YOU LIKE TO PRINT MORE COPIES OF THIS REPORT?" with a "YES" and "NO" option. Detach the printed Statistical Report and press "NO" option;
gg) The PCOS shall display the message "PRINTING AUDIT LOG REPORT PLEASE WAIT" followed by the message "WOULD YOU LIKE TO PRINT MORE COPIES OF THIS REPORT?" with a "YES" and "NO" option. Detach the printed Audit Log Report and press "NO" option;
The Statistical Report, Transmission Report and Audit Log report shall be placed in the envelope (A18-A) where the Initialization Report was placed;
hh) The PCOS shall automatically create back-up of files;
ii) After printing the remaining 22 copies of ER, the members of the BEI shall affix their signatures and thumb marks on the 22 printed ERs and ask the watchers present to affix their signatures on the printed election returns;
jj) If failure of transmission occurs in any of the target servers (City/Municipal, KBP-parties-citizens arm server, or central server), the PCOS will print Transmission Report.
kk) The PCOS will display a message "WOULD YOU LIKE TO PRINT MORE COPIES OF THIS REPORT" with "YES" and "NO" option. Press "NO" option;
ll) The PCOS will display the Main Menu;
mm) The certified IT-capable member of the BEI shall re-transmit the results to the target server by doing the following:
i. Press "RE-TRANSMIT RESULTS" option located in the Main Menu. List of target servers will be displayed;
ii. Press the target server to transmit;
iii. Wait until the transmission is successful. If after three (3) attempts, the transmission medium still fails, call the Support Technician;
iv. Repeat Steps i to iii, if there are more than one (1) target servers, where there are transmission failure.
nn) Print the remaining 22 copies of ER and other reports by doing the following:
i. Select "PRINT REPORTS" from the Main Menu;
ii. The PCOS will display a message "PLEASE SELECT WHICH REPORT YOU WOULD LIKE TO PRINT";
iii. List of reports will de displayed. Press the report that you would like to print;
iv. The PCOS will display "PLEASE ENTER THE NUMBER OF COPIES TO PRINT" with a numeric keypad;
v. Press the desired number of copies (For ERs, pres 22, for statistics report and audit log, press 1);
vi. Press "ENTER" button. The PCOS will automatically print the number of copies desired for the report selected;
vii. The PCOS will display a message "WOULD YOU LIKE TO PRINT MORE COPIES OF THIS REPORT" with "YES" and "NO" option. Press "NO" option. The PCOS will display the main menu;
viii. Print 22 copies of ER for local, Statistical Report and Audit Log Report by following steps (nn) (i) and (ii);
oo) Create backup of files by following the steps below:
i. From the Main Menu, press "BACK-UP AND PROTECT" option;
ii. The PCOS will display a message "ARE YOU SURE YOU WANT TO BACK-UP CARD" with "YES" and "NO" options. Select "YES" option;
iii. The PCOS will display a message "BACKING UP ELECTION DATA. PLEASE WAIT…" Wait until the message "BACK-UP SUCCESSFUL" is displayed;
iv. The PCOS will display a message "WRITE PROTECTING RESULTS PLEASE WAIT…" Wait until the message "WRITE PROTECT SUCCESSFUL" The PCOS will automatically return to Main Menu.
pp) Unless otherwise ordered by the Commission, the BEI shall not stop or postpone the counting until it has been completed;
qq) 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 Center for assistance. Such fact shall be noted in Minutes.
Section 41. 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: (As Revised)
a) In the election of president, vice-president, senators and party-list system:
i. City or Municipal Board of Canvassers;
ii. Congress, directed to the President of the Senate;
iii. Commission;
iv. Citizens' arm authorized by the Commission to conduct an unofficial count;
v. Dominant majority party as determined by the Commission in accordance with law;
vi. Dominant minority party as determined by the Commission in accordance with law;
vii. Ballot box;
viii. Provincial Board of Canvassers;
ix. 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;
x. 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;
xi. 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 possible;
xii. 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;
xiii. 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
xiv. 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:
i. City or Municipal Board of Canvassers;
ii. Commission;
iii. Provincial Board of Canvassers;
iv. Citizens' arm authorized by the Commission to conduct an unofficial count;
v. Dominant majority party as determined by the Commission in accordance with law;
vi. Dominant minority party as determined by the Commission in accordance with law;
vii. One (1) to be posted conspicuously on a wall within the premises of the polling place or counting center;
viii. Ballot box;
ix. 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;
x. 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;
xi. 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;
xii. 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;
xiii. 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 four certified copies of election returns for the conduct of citizens' quick counts at the local or national levels; and
Section 42. 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. The operator shall then press the SHUTDOWN option, and the PCOS automatically shutdown. (As Revised)
Section 43. Disposition of PCOS, ballot boxes, 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: (As Revised)
i. Copy of Printed ER intended for the ballot box;
ii. Copy of the Minutes of Testing and Sealing; Voting and Counting of Votes intended for the ballot box;
iii. Half of torn unused ballots; and
iv. Rejected Ballots.
b) Close the ballot box; lock it with one (1) serially numbered seal with steel wire 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) Remove the main memory from the PCOS, place inside an envelope provided for the purpose, seal the same. Label the envelope with "TRANSMITTED" or "NOT TRANSMITTED" to show whether the results are transmitted or not. Indicate in the envelope the clustered precinct number and city/municipality. The labeled envelope shall be submitted to the Reception and Custody Group of the City/Municipal Board of Canvasser. The main memory shall be used by the Boards in case of failure of transmission;
d) Turn-over the PCOS to the Support Technician in the voting center;
e) 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/municipality.
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.
f) Deliver to the Election Officer the following:
i. Book of Voters;
ii. EDCVL;
iii. PCVL;
iv. 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;
v. Envelope (A11) containing the copy of the Minutes intended for the Commission;
vi. Envelope (A15) containing the other half of torn unused official ballots;
vii. List of Voters allowed to vote, if any, after 6:00 o'clock in the evening of May 10, 2010;
viii. Envelope containing Initialization Report, Precinct Audit Log Report and Precinct Statistics Report;
ix. 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
x. The envelope containing the main memory card for use by the MBOC in case of failure of transmission;
xi. Other pertinent papers and documents
After the counting of votes, the Provincial Election Supervisor, Election Officer (EO) or the Treasurer, shall require the BEI which failed to deliver the election documents or paraphernalia mentioned herein to deliver the same immediately.
ARTICLE VI
COMMON PROVISIONS
Section 44. Preservation of the list of voters. - The EO shall keep the EDCVL and PCVL in a safe place until such time that the Commission gives instructions on their disposition.
Section 45. Omission or erroneous inclusion of documents in ballot box. - If after locking the ballot box, the BEI discovers that some documents or articles required to be placed in the ballot box were not placed therein, the BEI, instead of opening it to place therein said documents or articles, shall deliver the same to the Election Officer. The Election Officer shall take appropriate measures to preserve the integrity of the documents.
In no instance shall the ballot box be reopened to place therein or to take out there from any document or article except in proper cases and with prior written authority of the Commission to retrieve copies of the election returns which will be needed in any canvass. In such instance, the members of the BEI and the watchers shall be notified of the time and place of the opening of said ballot box. However, if there are other authentic copies of the election returns outside of the ballot box which can be used in the canvass, such copies of the election returns shall be used in said canvass and the opening of the ballot box to retrieve copies of the election returns placed therein shall then be dispensed with.
Section 46. Special procedures. - The express provisions of this Resolution notwithstanding, the Commission may, in exceptional cases, adopt special procedures in the voting, counting, consolidation, transmission, storage, custody, distribution and retrieval of accountable forms and paraphernalia to fulfill its constitutional mandate to ensure free, orderly, honest, peaceful and credible elections.
Section 47. Repealing clause. -This Resolution shall repeal Comelec Resolution No. 8739 promulgated on December 29, 2009. (New)
Section 48. Effectivity. - This Resolution shall take effect on the seventh (7th) day after its publication in two (2) daily newspapers of general circulation in the Philippines.
Section 49. Publication and dissemination. - Let the Education and Information Department, this Commission, cause the publication of this Resolution in two (2) daily newspapers of general circulation in the Philippines and furnish copies thereof to all Regional Election Directors, Provincial Election Supervisors, Election Officers and Boards of Election Inspectors. (Renumbered)
SO ORDERED.
COMMISSION ON ELECTIONS
Manila
REVISED 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.
RESOLUTION NO. 8786 March 4, 2010
WHEREAS, on December 29, 2010, the Commission on Elections promulgated Resolution No. 8739 entitled "General Instructions for the Board of Election Inspectors (BEI) On the Voting, Counting and Transmission of Results In Connection With the May 10, 2010 National and Local Elections;
WHEREAS, there is a need to amend or revise portions of Resolution No. 8739 in order to fine tune the process and address procedural gaps;
NOW THEREFORE, pursuant to the powers vested in it by the Constitution, the Omnibus Election Code, Republic Act No. 9369, and other election laws, the Commission on Elections HEREBY RESOLVES to promulgate, the following Revised General Instructions for the Board of Election Inspectors (BEI) on the Voting, Counting, and Transmission of Results:
ARTICLE I
BOARD OF ELECTION INSPECTORS
Section 1. Board of Election Inspectors (BEI); constitutions and appointment. - The Commission on Elections, through its Election Officer, shall constitute not later than January 8, 2010, the BEI for each precinct/clustered precinct from the list of all public school teachers submitted by the Department of Education's (DepEd) highest official within the city/municipality/school district.
The BEI shall be composed of a Chairman and two (2) members, one of whom giving preference to those with permanent appointment and those who served in the immediately preceding National and Local Elections.
In all cases, the Election Officer shall ensure that at least one (1) member of the BEI shall be an information technology-capable person as certified by the Department of Science and Technology (DOST) after the training of the same.
In case there are not enough public school teachers, teachers in private schools, employees in the civil service, or citizens of known probity and competence who are registered voters of the city or municipality may be appointed as members of the BEI; provided, that the chairman shall be a public school teacher.
Section 2. Qualifications of members of the BEI. - No person shall be appointed as chairman or member of the BEI, whether regular, substitute or temporary, unless he:
a) Is of good moral Character and irreproachable reputation;
b) Is a registered voter of the city or municipality;
c) Has never been convicted of any election offense or of any other crime punishable by more than six (6) months of imprisonment;
d) Has no pending case against him filed in COMELEC/count for any election offense; and
e) Is able to speak, read and write English or the local dialect.
Section 3. Disqualification. - No person shall serve as chairman or member of the BEI if he or his spouse is related within the fourth civil degree of consanguinity or affinity to any member of the same BEI or to any candidate to be voted for or to the latter's spouse. Violation of this provision shall constitute an election offense as provided in Section 261 (bb), sub-par (3) of the Omnibus Election Code.
Section 4. Notice of disqualification. - Any chairman or member of the BEI who is disqualified for any reason shall immediately notify the Election Officer of such fact in writing, who shall in turn, appoint a substitute.
Section 5. Temporary vacancies in the BEI. - If, at the time of the meeting of the BEI, any member is absent or a vacancy exists, the members present shall call upon a substitute from the list of public school teachers submitted by the DepED to perform the duties of the absent member. If none is available, the members present shall appoint any qualified non-partisan voter of the precinct to temporarily fill said vacancy until the absent member appears. In case there are two members present, they shall act jointly.
Section 6. Arrest of absent members. - The member or members of the BEI present may order the arrest of any member who, in his or their judgment, has absented himself with the intention of obstructing the performance of the duties of the BEI.
Section 7. Appointment and oath of members of the BEI. - The Election Officer shall accomplish the form for the Appointment of the Chairman and Members of the BEI (A5) in three (3) copies, and require the chairman and members of the BEI to affix their signature and imprints of their right thumbs on the Oath of Office (A5-A) before him before assumption of office. (As Revised)
Copies of the Appointment and Oath (A5 & A5-A) shall be distributed, as follows:
(As revised)
a) The first and second copies shall be retained by the Election Officer. One copy shall be for his file and the other shall be attached to the payroll for payment of honorarium of the BEI; and
b) The third copy shall be issued to the chairman/members of the BEI.
Section 8. Minutes of Testing and Sealing; Voting and Counting (Minutes). - The BEI shall enter in the Minutes (A11), the act or data therein required as they occur or become available during voting, counting, and transmission of results. Copies thereof shall be sealed in separate envelopes, to be distributed as follows: (As Revised)
a) First copy, to the Election Officer, who shall transmit it to the Election Records and Statistics Department (ERSD) in Manila; and
b) Second copy, to be deposited inside the compartment of the ballot box. (As Revised)
Section 9. Support Staff. - There shall be in addition to the regular members of the BEI
Depending on the number of precincts clustered, a maximum of three (3) support staff, who are registered voters in the precinct/clustered precinct where they are assigned. They shall be appointed/designated by the Election Officer, subject to the qualifications and conditions provided under Sections 2, 3 and 7 hereof, in such manner as indicated below:
NO. OF PRECINCTS IN A CLUSTER NO. OF SUPPORT STAFF
1 to 2 0
3 1
4 2
5, 6 and 7 3
They can neither participate in any deliberation of the BEI nor vote on any issue or question that may arise during the proceedings.
In case of absence of all or any of the support staff on the day of the election, the BEI, by majority vote, may designated ant registered voter in the precinct/clustered precinct as substitute, subject to the provisions of Sections 2, 3 & 7 hereof. Such fact shall be recorded in the Minutes.
Section 10. Powers and functions of the BEI. - The BEI shall have the following powers and functions:
a) Conducts the voting in the polling place and administer the election counting of voters;
b) Print the election returns and transmit electronically the election results, through the use of the PCOS machine, to the:
i. City/Municipal Board of Canvassers; (Renumbered)
ii. Central Server; and (As revised)
iii. Dominant majority party, dominant minority party, accredited citizens' arm and KBP. (As revised)
c) Act as deputies of the Commission in the conduct of the elections;
d) Maintain order within the polling place and its premises; keep access thereto open and unobstructed; enforce obedience to its lawful orders and prohibit the use of cellular phones and camera by the voters. If any person refuses to obey the lawful orders of the BEI or conducts himself in a disorderly manner in its presence or within its hearing and thereby interrupts or disturbs its proceedings, the BEI may issue an order in writing directly any peace officer to take said person into custody until the adjournment of the meeting, but such order shall not be executed as to prevent said person from voting. A copy of such written order shall be attached to the Minutes; and (As Revised)
e) Perform such other functions prescribed by law or by the rules and regulations promulgated by the Commission.
Section 11. Proceedings of the BEI. - The meeting of the BEI shall be public and shall be held in the polling place designated by the Commission.
The BEI shall act through its chairman and shall decide by majority vote, without delay, all question, which may arise in the performance of its duties.
Section 12. Voting Privilege of the Members of BEI. - Members of the BEI who are registered voters in precincts other than where they are assigned, may avail of the Local Absentee Voting, or on the day of the elections, vote in the precincts where they are registered, provided that they do so when the voting in their respective places of assignments is light, and their absence shall not be for more that twenty (20) minutes. For this purpose, they shall schedule their voting so that only one member of the BEI shall leave at any one time. (As Revised)
Section 13. Prohibition against political activity. - No member of the BEI or its support staff shall engage in any partisan political activity or take part in the election except to discharge his duties as such and to vote.
Section 14. Honoraria of the BEI and their support staff; /DepEd Supervisor and their support staff. - The chairman and members of the BEI shall each receive an honorarium of three thousand pesos (P3,000.00). In addition, each shall receive P500.00 for the Inspection, Verification and Sealing of Book of Voters; P500.00 for the Testing and Sealing of Machines; P300.00 for one-time transportation allowance and service credits for three days of service (day before the elections, election day and day after elections). (As Revised)
Support Staff shall receive an honorarium of P1,500.00 each and service credits for three (3) days of service (day before the elections, election day and day after elections). (As Revised)
There shall be at least one (1) DepEd Supervisor Official with one (1) support staff for every polling center. In case of polling centers with more than ten (10) clustered precincts, an additional DepEd supervisor official with one (1) support staff shall be constituted, as follows: (New)
No. of clustered precincts No. of DepEd Supervisor Official No. of support staff
1-10 1 1
11-20 2 2
21-30
… and so on 3 3
The DepEd Supervisors, in coordination with the Election Officer, shall, among other things:
a) Plan, organize and supervise the setting-up of a voter assistance center at the polling center to assist voter in locating their polling places;
b) Plan, organize and supervise the crowd management at the entrance areas of polling places;
c) Maintain a list of technical personnel as well as PNP and AFP personnel in the polling centers for efficient coordination in case of need; and
d) Serve as the contact and point person of the EO in the polling center.
The Support Staff of the DepEd Supervisor shall assist the latter in undertaking the abovementioned functions.
Supervisors for ten clustered precincts shall receive an honorarium of P3,000.00 and service credits for three (3) days of service (day before the elections, election day, and day after elections); while their support staff shall receive an honorarium of P1,500.00 and service credits for three (3) days of service (day before the elections, election day, and day after elections) (New)
The COMELEC shall allocate the amount of Thirty Million Pesos (P30,000,000.00) for election-related death or injuries that may be sustained by DepEd employees in the performance of election duties. Provided that in case of death while in the performance of election duties, the heirs of the deceased official/employee shall be given the amount of Two Hundred Thousand Pesos (P200,000.00). (As Revised)
ARTICLE II
WATCHERS
Section 15. Official watchers of candidates, political parties and other groups. - Each candidate and registered political party or coalition of political parties duly registered with the Commission and fielding candidates in the election, as well as duly accredited citizens' arms may point two watchers, to serve alternately, in every polling place. However, candidates for Senator, candidates for Member, Sangguniang Panlalawigan or Sangguniang Panlungsod, or Sangguniang Bayan, belonging to the same ticket or slate, shall collectively be entitled to one watcher.
Duly accredited citizens arms of the Commission shall be entitled to appoint a watcher in every polling place. Other civil, professional, business, service, youth, and any other similar organizations with prior authority of the Commission, shall be entitled collectively be entitled to one watcher.
If, because of limited space, all watchers cannot be accommodated in the polling place, preference shall be given to the watchers of the dominant majority and dominant minority parties as determined by the Commission and the watcher of the citizens' arm, with the latter being given preferential position closest to the BEI. In case there are two or more citizen's arm, the one authorized by the Commission to conduct an unofficial count shall be given preference. (As Revised)
Section 16. Qualifications of watchers. - No person shall be appointed watcher unless he:
a) Is a registered voter of the city or municipality comprising the precinct where he is assigned;;
b) Is of good reputation;
c) Has not been convicted by final judgment of any election offense or of any other crime;
d) Knows how to read and write Pilipino, English or of the prevailing local dialect; and
e) Is not related within the fourth civil degree of consanguinity or affinity to the chairman or to any other member of the BEI in the polling place where he seeks appointment as watcher.
Section 17. Rights and duties of watchers. - Upon entering the polling place, the watchers shall deliver to the chairman their appointments as watchers, and their names shall forthwith be recorded in the Minutes with a notation under their signatures that they are not disqualified to serve as such under the immediately preceding Section. The appointments of the watchers shall bear the signature of the candidate or duly authorized representative of the party, organization or coalition that appointed them. For this purpose, at least fifteen (15) days before election day, independent candidates, registered parties, organizations, or coalitions authorized by the Commission to appoint watchers shall provide the Election Officers concerned with the names and signatures of their representatives authorized appoint watchers in the city or municipality.
The watchers shall have the right to:
a) Witness and inform themselves of the proceedings of the BEI;
b) Take note of what they may see or hear;
c) Take photographs of the proceedings and incidents, if any, during the voting, counting of votes, as well as of the generated election returns and of the ballot boxes;
d) File a protest against any irregularity or violation of law which they believe may have been committed by the BEI or any of its members or by any person; and
e) Obtain from the BEI a certificate as to the filling such protest and the resolution thereof.
Watchers shall not speak to any member of the BEI, or to any voter or among themselves, in such a manner as would disturb the proceedings of the BEI.
The watchers representing the dominant majority and dominant minority parties fielding candidates and the watcher of the citizens arm shall, if available, affix their signatures and thumbmarks in the election returns.
ARTICLE III
ELECTION FORMS AND SUPPLIES
Section 18. Election forms documents and supplies. - Except when authorized to do so earlier by the Commission, the BEI shall get the forms, documents and supplies early in the morning of election day. The City/Municipal Treasurer shall distribute the following forms, documents and supplies per precinct/clustered precincts.
FROM THE CITY/MUNICIPAL TREASURER
CEF NO. DESCRIPTION RATE OF DISTRIBUTION
ELECTION FORMS
Poster Indicating the Clustered Precincts'
A3 Numbers 1 Piece
A6 Official Ballots 1 pc. Per voter
A12 Paper Seal 75 Pieces
A14 Certificate of Receipt of Official Ballots, Other Forms and Supplies by BEI 3 Pieces
A27 Official Receipt of Election Returns 30 Pieces
ENVELOPES FOR VOTING AND COUNTING
A15 For Rejected ballots, Half of Torn Unused Official Ballots and Other Half of Torn Unused Official Ballots 3 Pieces
A17 For Election Returns 30 Pieces
OTHER ENVELOPES
A18-A For Main Memory Card, I-button Security Key, PIN's, Initialization Report, Audit Log, and Precinct Statistical Report 6 Pieces
OTHER FORMS
A30/A31 Temporary Appointment of Chairman/Poll Clerk/ Third Member/Support Staff 10 Pieces
A35 Certificate of Challenge or Protest and Decision of the BEI 10 Pieces
A39 Oath of Voter Challenge for Illegal Acts 10 Pieces
A40 Oath of Identification of Challenged Voter 10 Pieces
SUPPLIES
Bond Paper (long) 30 Pieces
Ballot Secrecy Folder 22 Pieces
Thumbprint Taker 1 pc. per precinct in a cluster
Seal with Steel Wire for Ballot Box 1 Piece
Indelible Stain Ink 2 Bottles per precinct cluster
Instruction to Voters 1 Pc. per clustered precinct
Marking pens 1or2 Box/es
Ballpen 6 Pieces
(As Revised)
FROM THE ELECTIION OFFICER
a) Book of Voters;
b) One (1) copy of the Precinct Computerized Voters List (PCVL) and supplemental PCVL, if any, for posting outside the precinct;
c) Two (2) copies of Election Day Computerized Voters List (EDCVL)/ (List of Voters with Voting Record) and supplemental EDCVL, if any; and
d) Copies of Appointment and Oath of Office of the BEI and Support Staff (A5 & A5-A). (As Revised)
The Book of Voters should be duly sealed. The PCVL and EDCVL should all be duly certified by the Election Registration Board.
The poll clerk, third member and the support staff, if any, shall have custody of the Book of Voters and one (1) copy of the EDCVL.
The BEI shall carefully check the different election forms, documents and supplies and the quantity actually received. The BEI shall sign a Certificate of Receipt (A14) in three copies, the original of which shall be delivered to the City/Municipal Treasurer, who shall transmit the same to the ERSD, Comelec, Manila, immediately after election day. (As Revised)
Section 19. Forms to be reproduced when needed. - The following forms may be reproduced when needed:
a) Temporary Appointment of Chairman/Poll Clerk/Member (Annex "A");
b) Certificate of Challenge or Protest and Decision of the BEI (Annex "B");
c) Oath of Voter Challenger for Illegal Acts (Annex "C"); and
d) Oath to Identify A Challenged Voter (Annex "D").
ARTICLE IV
DATE, TIME, AND PLACE OF VOTING
Section 20. Date of election. - The election shall be held on May 10, 2010.
Section 21. Voting hours. - The casting of votes shall start at seven o'clock in the morning and shall end six o'clock in the evening of election day.
If at six o'clock there are still voters within thirty (30) meters in front of the polling place who have not yet cast their votes, voting shall continue but only to allow said voters to cast their votes without interruption. The poll clerk shall, without delay, prepare a complete list containing the names of said voters consecutively numbered, The voters listed shall be called to vote by the poll clerk by announcing each name three (3) times in the order in which they are listed. Any voter in the list who is not present when called shall not be allowed to vote at any later time. The said list shall be submitted to the Election Officer.
Section 22. Place of voting. - Voters shall cast their votes in the polling place designated by the Commission. The poster indicating the clustered precinct number (A3) shall be prominently posted near or at the door of the polling place.
Section 23. Who may vote. - All registered voters whose names appear in the Posted Computerized Voters List (PCVL) or EDCVL, or whose registration records have not been cancelled or deactivated, may vote in the election.
Section 24. Challenge against illegal voters. - Any voter or watcher may challenge any person offering to vote for:
a) Not being registered;
b) Using the name of another; or
c) Suffering from an existing disqualification.
In such case, the BEI shall satisfy itself as to whether or not the ground for the challenge is true by requiring proof of registration, identity or qualification. The BEI shall identify the voter through his photograph, fingerprint, or specimen signatures in the VRR or EDCVL. In the absence of any of the above-mentioned proof of identity, any member of the BEI may identify under oath a voter, and such act shall be reflected in the Minutes.
Section 25. Challenge based on certain illegal acts. - Any voter or watcher may challenge any voter offering to vote on the ground that he:
a) Received or expects to receive, paid, offered or promised to pay, contributed, offered or promised to contribute money or anything of value as consideration for his vote or for the vote of another; or
b) Made or received a promise to influence the giving or withholding of any such vote; or
c) Made a bet or is interested directly or indirectly in a bet that depends upon the results of the election.
In such case, the challenge voter shall take on oath before the BEI that he has not committed any of the acts alleged in the challenge. Upon taking such oath, the challenge shall be dismissed and the voter shall be allowed to vote. In case the voter refuses to take such oath, the challenge shall be sustained and the voter shall not be allowed to vote.
Section 26. Record of challenge and oaths. - The BEI shall record in the Minutes all challenges and oaths taken in connection therewith and its decision in each case.1awph!1
Section 27. Rules to be observed during the voting. - During the voting, the BEI shall be to it that:
a) Voters shall vote in the order of their arrival in the polling place;
b) No watcher shall enter the place reserved for the voters and the BEI, nor mingle and talk with the voters;
c) No person carrying any firearm or any other deadly weapon, except those expressly authorized by the Commission, shall enter the polling place;
d) There shall be no crowding of voters and disorderly behavior inside the polling place; and
e) The ballot box shall remain locked during voting.
Section 28. Persons allowed inside the polling place. - Only the following persons shall be allowed inside the polling place:
a) Members of the BEI and support staff, if any;
b) Watchers who shall stay only in the space reserved for them;
c) Representatives of the Commission;
d) Technical support staff assigned in the voting center duly designated by the Commission who may be summoned by the BEI in order to address some technical problems;
e) Voters casting their votes;
f) Voters waiting for their turn to cast their vote;
g) Other persons who may be specifically authorized by the Commission.
Section 29. Persons not allowed to enter the polling place. - Unless specifically authorized by the Commission, it is unlawful for the following to enter any polling place or stay within a radius of fifty (50) meters thereof, except to vote:
a) Any officer or member of the Armed Forces of the Philippines or the Philippine National Police; (Renumbered)
b) Any peace officer or any armed person belonging to any extra-legal police agency, special forces, reaction forces, strike forces, Civilian Armed Force Geographical Units, barangay tanods or other similar forces or para-military forces, including special forces, security guards, special policeman; (Renumbered)
c) All other kids of armed or unarmed extra-legal police forces; and (Renumbered)
Section 30. Prohibition on voting. - It shall be unlawful for a voter to:
a) Bring the ballot, ballot secrecy folder or making pen outside of the polling place;
b) Speak with anyone other than as herein provided while inside the polling place;
c) Prepare his ballot without using the ballot secrecy folder or exhibit its contents;
d) Fill his ballot accompanied by another, except in the case of an illiterate or person with disability/disabled voter;
e) Erase any printing from the ballot, or put any distinguishing mark on the ballot;
f) Use carbon paper, paraffin paper or other means of making a copy of the contents of the ballot, or otherwise make use of any other scheme to identify his vote, including the use of digital cameras, cellular phones with camera or similar gadgets;
g) Intentionally tear or deface the ballot; and
h) Disrupt or attempt to disrupt the normal operation of the PCOS.
Section 31. Preparation of ballots for illiterate and person with disability/disabled voters. - No voter shall be allowed to vote as illiterate or person with disability/disabled unless such fact is indicated in the EDCVL or VRR. If so, he may be assisted in the preparation of his ballot, by any:
a) Relative within the fourth civil degree of consanguinity and affinity; or (As Revised)
b) Any person of his confidence who belongs to the same household; or
c) Any member of the BEI. (As Revised)
A person with physically impaired capacity to use the AES may also be assisted in feeding his ballot into the PCOS. The assistor shall ensure that the contents of the ballot are not displayed during the feeding of the same into PCOS.
All assistor must be of voting age.
No person may assist an illiterate or person with disability/disabled voter more than three (3) times, except the members of the BEI.
In all cases, the poll clerk shall first verify from the illiterate or person with disability/disabled voter whether the latter had authorized the assistor to help him to cast his vote.
The assistor shall, in the presence of the illiterate or person with disability/disabled voter prepare the ballot using a ballot secrecy folder.
The assistor shall bind himself in writing and under oath to fill the ballot strictly in accordance with the instructions of the voter and not reveal the contents thereof, by affixing his signature in the appropriate space in the Minutes.
Section 32. Accessibilty of polling place to person with disability/disabled voters. - All polling places of precincts where there are persons with disability/disabled voters shall be located at the ground floor of the voting centers, unless not feasible. For this purpose, the EOs shall coordinate with the proper school or building officials.
Section 33. Prohibition against premature announcement of voting. - During the voting, no member of the BEI shall make any announcement as to whether a certain registered voter has already voted or not, as to how many have already voted or how many so far have failed to vote or any other fact tending to show or showing the state of the polls; nor shall he make any statement at any time, except as witness before a court or body as to how many persons voted.
ARTICLE V
PROCEDURES OF VOTING, COUNTING OF VOTES AND TRANSMISSION OF PRECINCT RESULTS
Section 34. Preliminaries to the voting. - The BEI shall meet at the polling place at six o'clock in the morning of Election Day and ensure that the PCOS box and the ballot box are inside the poling place. (As Revised)
a) Post one copy of PCVL of each precinct in the cluster, near or at the door of the polling place; (As Revised)
b) Show to the public and the watchers present that the; (As Revised)
i. PCOS box is sealed;
ii. Ballot box is locked and empty;
iii. Package of official ballots and the Book of Voters are both duly sealed, and thereafter, break the seals.
c) Remove the sticker seal of the PCOS box; (As Revised)
d) Open the PCOS box; (As Revised)
e) Check whether the following are inside the PCOS box: (As Revised)
i. Checklist of contents of the box;
ii. PCOS machine;
iii. Power cord of the PCOS;
iv. One (1) envelope containing spare iButton;
v. Three (3) rolls of official thermal paper;
vi. Three (3) PINs of the BEI;
vii. One (1) PIN for re-zeroing which shall remain in the PCOS box;
viii. Modem, if any*
ix. Two (2) copies of the Minutes
* There shall be at least one (1) Modem in every polling center.
f) Retrieve the Minutes from the PCOS box and: (As Revised)
i. Check if the seal number of the seal used in the PCOS box is the same as the serial number recorded in the Testing and Sealing of the Minutes;
ii. Enter in the Minutes the number of ballots as indicated in the package of the ballots; and not the fact that the PCOS box, package of ballots, and the Book of Voters were shown on the public with the seals intact.
g) Retrieve the PIN of the BEI and distribute the same among themselves. The re-zero PIN shall not be used on election day; (As Revised)
h) Retrieve the PCOS from its box; (As Revised)
i) Show to the public that the printer cover of the PCOS, slots labeled POLL WORKER and ADMINISTRATION where the main memory card and back-up memory card, respectively are stored, and sealed; (As Revised)
j) Unlock the sliding cover of the ballot box slit and break its plastic security seal; (As Revised)
k) Place the PCOS properly on top of the ballot box; (As Revised)
l) Break the plastic fixed length seal of the printer cover of the PCOS; (As Revised)
m) Open the printer cover and the Chairman shall take out the iButton security key; (As Revised)
n) Verify that the roll of paper is already properly installed; (As Revised)
o) Close the printer cover; (As Revised)
p) Connect the power adoptor to the PCOS AC power port (20VAC); (As Revised)
q) Plug the other end to the electrical outlet; (As Revised)
r) Connect the battery to the PCOS DC power port (12 VDC). If there is no power, using a pen, press the RESET button located at the top of the PCOS AC power port; (As Revised)
s) Wait until PCOS displays the message "PLEASE INSERT SECURITY KEY FOR AUTHENTICATION"; (As Revised)
t) The Chairman shall 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. Wait until the "MAIN MENU" is displayed. The iButton shall be in custody of the Chairman until the closing of voting.;(As Revised)
u) The certified IT-capable member of the BEI shall perform the following procedures: (As Revised)
i. Select "OPEN VOTING" from the Main Menu;
ii. The PCOS shall then request for the PIN of the poll clerk who will then enter his PIN and press "ENTER";
iii. Validate the PIN and display a message "PIN ACCEPTED";
iv. Request for the second PIN from the third member who will then enter his PIN and press "ENTER";
v. Validate the PIN and display a message "PIN ACCEPTED";
vi. Display two (2) options: "INITIALIZE VOTE COUNTERS" and "PREVIOUS SCREEN";
v) Press the "INITIALIZE VOTE COUNTERS" option of the PCOS. The PCOS shall: (As Revised)
i. Display the message "INITIALIZING VOTE COUNTERS";
ii. Automatically print the Initialization Report showing zero ("0") vote for each candidate including the geographic information (province, city/municipality, barangay, voting center and individual precinct in the cluster);
iii. After printing the Initialization Report, the PCOS will display the message, "WOULD YOU LIKE TO PRINT MORE COPIES OF THIS REPORT?" with "YES" and "NO" options. Press "NO". The PCOS will display the message "PLEASE INSERT BALLOT". Now, the PCOS is ready to accept ballots.
w) Detach the Initialization Report, affix their signatures thereon including the representatives of the political parties, candidates or citizens arms present; (As Revised)
x) The Chairman shall then place the Report inside the envelope (A18-A) for submission to the Election Officer after the voting, for his safekeeping. (As Revised)
Section 35. Manner of obtaining ballots. - The voter shall:
a) Look for his name in the PCVL posted near the door of the voting center and determine his precinct number and sequence number; (Renumbered)
b) 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; (Renumbered)
c) 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: (Renumbered)
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 identity under oath a voter, and such act shall be reflected in the Minutes.
iii. 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.
d) Before giving the ballot to the voter, the chairman of the BEI shall: (As Revised)
i. 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 already 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; (Renumbered)
ii. After verifying that no fingernail has been stained, affix his signature in the EDCVL; (Renumbered)
iii. Authenticate the ballot by affixing his signature at the designated space at the front thereof; (Renumbered)
The failure to authenticate the ballot shall not invalidate the ballot but shall constitute an election offense.
iv. Instruct the voter on how to fill-up the ballot properly. (Renumbered)
v. 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. (Renumbered)
Only the chairman shall issue the official ballots, and more than one ballot shall be issued at one time.
vi. Require the voter to affix his signature on the proper space in the EDCVL. (Renumbered)
Section 36. Manner of voting. - Voting shall be conducted in the following manner:
a) 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; (Renumbered)
b) The voter shall then approach the PCOS, insert his ballot in the ballot entry slot and wait until message "CONGRATULATIONS. YOUR VOTE HAS BEEN REGISTERED." appears on the screen. 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; (As Revised)
c) The BEI 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; (Renumbered)
d) The voter shall affix his thumbmark on the corresponding space in the EDCVL; and (Renumbered)
e) The voter shall then leave the polling place. (Renumbered)
Section 37. Shortage of ballots; Procedure. - In case the official ballots of a precinct have all been used up and there are still voters registered in the precinct waiting to cast their votes, the Chairman shall: (New)
a) Do steps (c) to (d) under Section 34 thereof;
b) Issue a Certification to the voter, stating that he is a registered voter of the precinct, but there are no more available ballots for use;
c) Record such facts in the Minutes; and
d) Request the Third Member to accompany the voter to the next precinct belonging to the same councilor district, where he shall cast his vote.
e) The Chairman of the precinct where the voter is directed to vote shall:
i. Require the voter the Certification issued by the Chairman of his precinct;
ii. Record in the Minutes the name of the voter, his precinct number and the fact that a Certification by the Chairman of the precinct that there are no more available ballots thereat;
iii. Write the name of the voter in the EDCVL indicating opposite his name his precinct number; and
iv. Before issuing a ballot, observe Steps (c) to (d) of Section 34 and ensure that the voter observes procedure under Section 35 hereof.
Section 38. Rejected ballots; Procedure. - Ballots may be rejected by then PCOS during the scanning. There will be three (3) different types of messages when the PCOS rejects a ballot. For each messages, the BEI shall observe the following procedures: (As Revised)
a) "AMBIGUOUS MARK"
i. Let the voter review his ballot and ensure that the ovals opposite the name of candidate/party voted for are fully shaded.
b) "MISREAD BALLOT" - let the voter re-feed the ballot in 4 different orientations of ballot.
c) "INVALID BALLOT"
i. Verify if the ballot belongs to the precinct. If the ballot belongs to another precinct, the voter shall return the ballot to the Chairman who shall proceed to Step 4 and 5 hereof;
ii. If the ballot belongs to the precinct, let the voter re-feed the ballot in 4 different orientations.
d) In all cases, if the PCOS rejects a ballot, the voter shall return the ballot to the Chairman who shall:
i. Distinctly mark the back thereof as "REJECTED";
ii. Require all members of the BEI to sign at the back thereof, and place inside the Envelope for Rejected Ballots (A15).
e) No replacement ballot shall be issued to a voter whose ballot is rejected by the PCOS;
f) Any party objecting to the rejection of the ballot shall reduce his objection in writing, which the BEI shall attach and note in the Minutes.
Section 39. Disposition of unused ballots. - After the voting, the chairman in the presence of the BEI shall: (Renumbered)
a) Record in the Minutes the quantity of unused ballots; (Renumbered)
b) Tear the unused ballots in half lengthwise; (Renumbered)
c) Place one half in the envelope (A15), and submit to the EO for safekeeping; and (Renumbered)
d) 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. (Renumbered)
Section 40. Counting of ballots and transmission of results; Procedure. (Renumbered) (As Revised)
a) At the end of voting and before the start of counting of votes, the Chairman shall place the iButton security key on top of the iButton security key receptacle and apply slight pressure thereon. Remove the iButton security key from its receptacle, after which the PCOS will display the Main Menu;
b) Press the "CLOSE VOTING" option in the Main Menu;
c) 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;
d) 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".
e) The screen will display a message "POLL IS BEING CLOSED PLEASE WAIT" followed by another message "VOTING HAS BEEN CLOSED NO MORE BALLOTS WILL BE ACCEPTED BY THIS PCOS";
f) Thereafter, the PCOS shall automatically count the votes and immediately display a message "WOULD YOU LIKE TO DIGITALLY SIGN THE TRANSMISSION FILES WITH A BEI SIGNATURE KEY?", with a "YES" or "NO" option;
g) Press "NO" option. The PCOS will display "ARE YOU SURE YOU DO NOT WANT TO APPLY A DIGITAL SIGNATURE?" with a "YES" and "NO" option;
h) Press "YES" option. A message shall be displayed "PRINTING 8 COPIES OF NATIONAL RETURNS. PLEASE WAIT";
i) A message shall be displayed "WOULD YOU LIKE TO PRINT MORE COPIES OF THIS REPORT" with a "YES and "NO" options. Press "NO" option;
j) Thereafter, the PCOS will display "PRINTING 8 COPIES OF LOCAL RETURNS. PLEASE WAIT…" and the PCOS automatically prints the 8 copies;
k) A message shall be displayed "WOULD YOU LIKE TO PRINT MORE COPIES OF THIS REPORT" with a "YES" and "NO" options. Press "NO" option;
l) Detach the 8 copies of the ERs. After which, members of the BEI shall affix their signatures and thumb marks thereon;
m) The BEI shall ask the watchers present to affix their signatures on the printed ERs;
n) Place each copy of ER in its corresponding envelope and seal with a paper seal;
o) The chairman of the BEI shall publicly announce the total number of votes received by each candidate, stating their corresponding offices;
p) The poll clerk shall announce the posting of a 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;
q) After forty-eight (48) hours following the posting, the chairman of the BEI shall detach the posted printed copy on 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;
r) The PCOS will display a message "READY TO TRANSMIT. PLEASE PLUG IN TRANSMISSION CABLE TO ELECTRONICALLY TRANSMIT ELECTION REPORTS AND PRESS OK TO CONTINUE";
s) Connect the transmission medium to the PCOS and press the "OK" button;
t) The PCOS will display a message "DETECTING MODEM";
u) If the modem is properly connected, the PCOS will display the message "MODEM DETECTED";
v) If checking of modem fails, the PCOS will display the message "MODEM NOT DETECTED" followed by the message "TRANSMISSION CABLE NOT CONNECTED. RETRY?" with "YES" and "NO" options. Check the connection of the transmission medium to the PCOS and if it is properly set up, press the "YES" button;
w) If after three (3) attempts, the transmission medium still fails, call the Support Technician.
x) The PCOS will display the following messages in succession:
i. "IDENTIFYING TARGET SERVER
ii. "SERVER IDENTIFIED"
iii. "CONTACTING SERVER
iv. TRANSMITTING FILE [1/1] TO
y) Wait until the message "ELECTION REPORT SUCCESSFULLY TRANSMITTED TO
The same message will appear when transmitting to central server and KBP-Parties-Citizen server.
z) After successful transmission to MBOC, KBP-Parties-Citizens and Central Server, the PCOS will display a message "ALL ELECTION REPORTS HAVE BEEN SUCCESSFULLY TRANSMITTED TO 3/3 LOCATIONS. PLEASE DISCONNECT TRANSMISSION CABLE";
aa) Disconnect the transmission medium. The PCOS will display a message "PRINTING TRANSMISSION REPORT. PLEASE WAIT…" Followed by a message "WOULD YOU LIKE TO PRINT MORE COPIES OF THIS REPORT" with "YES" and "NO" options. Press "NO" option;
bb) The PCOS will display a message "READY TO PRINT FINAL 22 COPIES OF ELECTION RETURNS. PLEASE REPLACE THERMAL PRINTER PAPER ROLL. PRESS OK WHEN READY" with "OK" button;
cc) Replace thermal printer paper roll and press "OK" button;
dd) The PCOS shall display the message "PRINTING 22 COPIES OF NATIONAL RETURNS. PLEASE WAIT" followed by the message "WOULD YOU LIKE TO PRINT MORE COPIES OF THIS REPORT?" with a "YES" and "NO" option. Press "NO" option;
ee) The PCOS display the message "PRINTING 22 COPIES OF LOCAL RETURNS. PLEASE WAIT" followed by the message "WOULD YOU LIKE TO PRINT MORE COPIES OF THIS REPORT?" with a "YES" and "NO" option. Detach the printed 22 copies of Local Returns and press "NO" option;
ff) The PCOS shall display the message "PRINTING STATISTICAL REPORT PLEASE WAIT" followed by the message "WOULD YOU LIKE TO PRINT MORE COPIES OF THIS REPORT?" with a "YES" and "NO" option. Detach the printed Statistical Report and press "NO" option;
gg) The PCOS shall display the message "PRINTING AUDIT LOG REPORT PLEASE WAIT" followed by the message "WOULD YOU LIKE TO PRINT MORE COPIES OF THIS REPORT?" with a "YES" and "NO" option. Detach the printed Audit Log Report and press "NO" option;
The Statistical Report, Transmission Report and Audit Log report shall be placed in the envelope (A18-A) where the Initialization Report was placed;
hh) The PCOS shall automatically create back-up of files;
ii) After printing the remaining 22 copies of ER, the members of the BEI shall affix their signatures and thumb marks on the 22 printed ERs and ask the watchers present to affix their signatures on the printed election returns;
jj) If failure of transmission occurs in any of the target servers (City/Municipal, KBP-parties-citizens arm server, or central server), the PCOS will print Transmission Report.
kk) The PCOS will display a message "WOULD YOU LIKE TO PRINT MORE COPIES OF THIS REPORT" with "YES" and "NO" option. Press "NO" option;
ll) The PCOS will display the Main Menu;
mm) The certified IT-capable member of the BEI shall re-transmit the results to the target server by doing the following:
i. Press "RE-TRANSMIT RESULTS" option located in the Main Menu. List of target servers will be displayed;
ii. Press the target server to transmit;
iii. Wait until the transmission is successful. If after three (3) attempts, the transmission medium still fails, call the Support Technician;
iv. Repeat Steps i to iii, if there are more than one (1) target servers, where there are transmission failure.
nn) Print the remaining 22 copies of ER and other reports by doing the following:
i. Select "PRINT REPORTS" from the Main Menu;
ii. The PCOS will display a message "PLEASE SELECT WHICH REPORT YOU WOULD LIKE TO PRINT";
iii. List of reports will de displayed. Press the report that you would like to print;
iv. The PCOS will display "PLEASE ENTER THE NUMBER OF COPIES TO PRINT" with a numeric keypad;
v. Press the desired number of copies (For ERs, pres 22, for statistics report and audit log, press 1);
vi. Press "ENTER" button. The PCOS will automatically print the number of copies desired for the report selected;
vii. The PCOS will display a message "WOULD YOU LIKE TO PRINT MORE COPIES OF THIS REPORT" with "YES" and "NO" option. Press "NO" option. The PCOS will display the main menu;
viii. Print 22 copies of ER for local, Statistical Report and Audit Log Report by following steps (nn) (i) and (ii);
oo) Create backup of files by following the steps below:
i. From the Main Menu, press "BACK-UP AND PROTECT" option;
ii. The PCOS will display a message "ARE YOU SURE YOU WANT TO BACK-UP CARD" with "YES" and "NO" options. Select "YES" option;
iii. The PCOS will display a message "BACKING UP ELECTION DATA. PLEASE WAIT…" Wait until the message "BACK-UP SUCCESSFUL" is displayed;
iv. The PCOS will display a message "WRITE PROTECTING RESULTS PLEASE WAIT…" Wait until the message "WRITE PROTECT SUCCESSFUL" The PCOS will automatically return to Main Menu.
pp) Unless otherwise ordered by the Commission, the BEI shall not stop or postpone the counting until it has been completed;
qq) 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 Center for assistance. Such fact shall be noted in Minutes.
Section 41. 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: (As Revised)
a) In the election of president, vice-president, senators and party-list system:
i. City or Municipal Board of Canvassers;
ii. Congress, directed to the President of the Senate;
iii. Commission;
iv. Citizens' arm authorized by the Commission to conduct an unofficial count;
v. Dominant majority party as determined by the Commission in accordance with law;
vi. Dominant minority party as determined by the Commission in accordance with law;
vii. Ballot box;
viii. Provincial Board of Canvassers;
ix. 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;
x. 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;
xi. 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 possible;
xii. 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;
xiii. 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
xiv. 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:
i. City or Municipal Board of Canvassers;
ii. Commission;
iii. Provincial Board of Canvassers;
iv. Citizens' arm authorized by the Commission to conduct an unofficial count;
v. Dominant majority party as determined by the Commission in accordance with law;
vi. Dominant minority party as determined by the Commission in accordance with law;
vii. One (1) to be posted conspicuously on a wall within the premises of the polling place or counting center;
viii. Ballot box;
ix. 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;
x. 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;
xi. 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;
xii. 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;
xiii. 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 four certified copies of election returns for the conduct of citizens' quick counts at the local or national levels; and
Section 42. 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. The operator shall then press the SHUTDOWN option, and the PCOS automatically shutdown. (As Revised)
Section 43. Disposition of PCOS, ballot boxes, 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: (As Revised)
i. Copy of Printed ER intended for the ballot box;
ii. Copy of the Minutes of Testing and Sealing; Voting and Counting of Votes intended for the ballot box;
iii. Half of torn unused ballots; and
iv. Rejected Ballots.
b) Close the ballot box; lock it with one (1) serially numbered seal with steel wire 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) Remove the main memory from the PCOS, place inside an envelope provided for the purpose, seal the same. Label the envelope with "TRANSMITTED" or "NOT TRANSMITTED" to show whether the results are transmitted or not. Indicate in the envelope the clustered precinct number and city/municipality. The labeled envelope shall be submitted to the Reception and Custody Group of the City/Municipal Board of Canvasser. The main memory shall be used by the Boards in case of failure of transmission;
d) Turn-over the PCOS to the Support Technician in the voting center;
e) 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/municipality.
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.
f) Deliver to the Election Officer the following:
i. Book of Voters;
ii. EDCVL;
iii. PCVL;
iv. 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;
v. Envelope (A11) containing the copy of the Minutes intended for the Commission;
vi. Envelope (A15) containing the other half of torn unused official ballots;
vii. List of Voters allowed to vote, if any, after 6:00 o'clock in the evening of May 10, 2010;
viii. Envelope containing Initialization Report, Precinct Audit Log Report and Precinct Statistics Report;
ix. 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
x. The envelope containing the main memory card for use by the MBOC in case of failure of transmission;
xi. Other pertinent papers and documents
After the counting of votes, the Provincial Election Supervisor, Election Officer (EO) or the Treasurer, shall require the BEI which failed to deliver the election documents or paraphernalia mentioned herein to deliver the same immediately.
ARTICLE VI
COMMON PROVISIONS
Section 44. Preservation of the list of voters. - The EO shall keep the EDCVL and PCVL in a safe place until such time that the Commission gives instructions on their disposition.
Section 45. Omission or erroneous inclusion of documents in ballot box. - If after locking the ballot box, the BEI discovers that some documents or articles required to be placed in the ballot box were not placed therein, the BEI, instead of opening it to place therein said documents or articles, shall deliver the same to the Election Officer. The Election Officer shall take appropriate measures to preserve the integrity of the documents.
In no instance shall the ballot box be reopened to place therein or to take out there from any document or article except in proper cases and with prior written authority of the Commission to retrieve copies of the election returns which will be needed in any canvass. In such instance, the members of the BEI and the watchers shall be notified of the time and place of the opening of said ballot box. However, if there are other authentic copies of the election returns outside of the ballot box which can be used in the canvass, such copies of the election returns shall be used in said canvass and the opening of the ballot box to retrieve copies of the election returns placed therein shall then be dispensed with.
Section 46. Special procedures. - The express provisions of this Resolution notwithstanding, the Commission may, in exceptional cases, adopt special procedures in the voting, counting, consolidation, transmission, storage, custody, distribution and retrieval of accountable forms and paraphernalia to fulfill its constitutional mandate to ensure free, orderly, honest, peaceful and credible elections.
Section 47. Repealing clause. -This Resolution shall repeal Comelec Resolution No. 8739 promulgated on December 29, 2009. (New)
Section 48. Effectivity. - This Resolution shall take effect on the seventh (7th) day after its publication in two (2) daily newspapers of general circulation in the Philippines.
Section 49. Publication and dissemination. - Let the Education and Information Department, this Commission, cause the publication of this Resolution in two (2) daily newspapers of general circulation in the Philippines and furnish copies thereof to all Regional Election Directors, Provincial Election Supervisors, Election Officers and Boards of Election Inspectors. (Renumbered)
SO ORDERED.
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