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COMMISSION ON ELECTIONS
GENERAL INSTRUCTIONS FOR THE CANVASS OF VOTES AND PROCLAMATION OF THE RESULTS OF THE ELECTION FOR SENATORS AND PARTY LIST REPRESENTATIVES I N THE MAY 10, 2010 NATIONAL AND LOCAL ELECTIONS.
VELASCO, Armando C.
FERRER, NicodemO T= TAGLEf Lucenito Nm, YUSOPH, Elias Rm LARMZABAL, Glegorio Ym
MELO, Jose A.R., SARMIENTO, Rene V.,
May 8, 201
The Commission on Elections, pursuant to the powers vested in it by the Constitution, the Omnibus Election Code, Republic Act No. 9369 and other pertinent election laws, RESOLVED to promulgate, as it hereby promulgates, the following General Instructions for the Canvass, of Votes and Proclamation of Results of the Election for Senators and Party-list Representatives in the May 10, 2010 National and Local Elections.
SECTION 1. National ~ o b r d Canvassers; composition; functions; of quorum -The Chairman and Members of the Commission on Elections sitting en banc shall composed the National .Board of Canvassers for Senators and Party-list Representatives (hereinafter referred to as the NBOC).
The NBOC shall canvass the: (1) electronically transmitted certificates of canvass for Senators and Party-List Representatives of each province or city; (2) electronically submitted overseas absentee voting certificates of canvass from Hongkong and Singapore; (3) manually prepared overseas absentee voting certificates of canvass for Senators and Party-List Representatives from countries/posts other than Hongkong and Singapore; and the manually prepared certificates of canvass for Senators and Party-List Representatives for Local Absentee Voting. Thereafter, the NBOC shall proclaim the winning candidates for Senators and Party-List Representatives."
A majority of all the members of the NBOC shall constitute a quorum and all questions shall be decided by a majority vote of the members.
Sec. 2. Supervisory Committee; composition, duties and functions.
A Supervisory Committee is hereby created ta be composed of the Executive Director of the Commission on Elections as Chairman, the Deputy Executive Director for Operations and the Deputy Executive Director for Administration of the Commission on Elections, as Members.
The Supervisory Committee shall perform the following overall duties and functions: a) Supervise the following Working Groups: 1) Reception/Custody and Safekeeping 2) Secretariat 3) Tabulation 4) Audit 5) Control and Releasing 6) Security 7) Legal 8) Mass Media 9) Mdintenance and Logistics b) Colla terand safe keep the following records pertinent to the NBOC canvass except COCs and SOVs which should be the responsibility of thk Reception/Custody and Safekeeping Group:
1) Progress report on the results of the elections;
2) Approved printout of the day canvass results.
c) Certify the final printout of results as canvassed; d) Represent the Commission in all dealings with the Philippine International Convention Center (PICC) in connection with the national canvass; e) Through its Chairman: 1 Attend all proceedings of the NBOC during its canvass ) and during its executive sessions; 2) Ensure that the Transcript af the Minutes of the Canvass proceedings is released to the Supervisory Committee at the end of each day; and
3) Prepare Official Report to the NBOC.
Sec.3. Working Groups; composition; duties and functions, - The working groups enumerated under Section 2 herein which shall each headed by a department director or head of office of the Commission on Elections, shall perform the following duties and functions, to wit:
a) Reception/Custody and Safekeeping Group
1 For areas where the Automated Election System (AES) was )
Receive from the Chairman of the board of canvassers concerned all envelopes containing the copies of the COC with supporting SOVs and back-up CDs intended for the NBOC; Submit a daily report to the NBOC as to the COCs received; Safe,keep the COCs and their supporting SOVs, and back-up CDs intended for the NBOC.
2) For areas where the AES was not used:
i. ii. iii.
Receive from the Chairman of the board of canvassers concerned all envelopes containing the copies of the COC with supporting SOVs intended for the NBOC; Submit a daily report to the NBOC as to the COCs received; Safe keep the COCs and their supporting SOVs
b) Secretariat 1 Receive the ballot boxes containing COCs from Posts/Embassies ) and Local Absentee Voting and their keys from the Reception/Custody and Safekeeping Group;
2) Submit COCs with its supporting SOVs to the NBOC for the
canvassing of votes;
3) Forward COCs Forward COCs with its supporting SOVs to the Working Group Committees aRer it has been canvassed by the
4) Prepare when needed, the calendar of cases for: i. ii.
For hearing; For consultation / deliberation
5) Assist in the hearing of the cases before NBOC;
7) Ensure that the transcript of the proceedinglhearing of cases is released at the end of each day to the Legal Group, and Supervisory Committee; and
8) Issue summons, subpoena and other notices pertinent to the
cases filed including notices of the orders and decisions/resolutions furnlshing copies of orders and decisions/resolutions the Legal Group and Supervisory Committee.
c) Tabulation Group:
1) Tabulate the votes obtained by each candidate for Senator and Party-List as recorded in the COCs from Posts/Embassies and IAV. d) Audit Group : 1) Compare the votes of each candidate for Senator and Party-List as appearing in the tabulation sheets and the COCs;
2) Submit a written report and recommendation to the NBOC for any error or discrepancy in the entry of votes; and
3) Forward to the NBOC, through the Supervisory Committee, the audited results for manual entry into the CCS.
e) Control and Releasing Group: 1) Provide to the Media Group copy of the Canvass Report for Senator and Party-List generated by the NBOC from time to time;
2) Reproduce sufficient copies of the Canvass Report, COCs and SOVs for distribution to interested parties, upon payment of prescribed fees; and
3) Safe keep ballot boxes containing canvassed COCs/SOVs.
f) Security Group:
1) Provide security and protection to election officials, personnel and deputies and to the documents, paraphernalia and other records of the NBOC;
2) Provide escorts and security to COMELEC officials/representatives who are submitting the COC from the airport or from the COMELEC Main Office to the venue of the national canvass; and
3) See to it that the authorized officials, personnel and representatives of the Commission, authorized watchers, and representatives of accredited citizens' arms, independent candidates, parties which fielded candidates for senator and party-list groups, stay in the areas reserved for them.
g) Legal Group : 1) Receive all pleadings and other documents properly presented, endorsing on each pleading/document the date when it was filed, and furnishing each member of the NBOC a copy thereof;
2) Keep a separate docket wherein all cases for senatorlparty-list shall be entered in chronological order as follows;
- NBOC 10-001 (S) and so on;
- NBOC 10-001 (PL) and so on;
3) Assist the NBOC in resolving legal issues brought before it by way of petitions; and
4) Perform such other functions as may be assigned by the NBOC.
h) Mass Media Group: 1) Release Canvass Report to mass media;
2) Prepare press releases on the ground of and updates on the canvass proceedings;
3) Arrange press conference for Commissioners;
Chairman and the
4) Supervise accredited media representatives; and 5) Perform such other functions as may be assigned by the Supervisory Committee.
i) ~ o ~ i s t i c s Maintenance Group: and
I) Coordinate with the technical, maintenance, engineering, arld
security staff of PICC to facilitate the early ingress of the personnel of the General Services Division, ASD, to expedite the installation of the necessary communication and power facilities, physical arrangements and other logistical and security requirements.
Sec. 4. Convening of the NBOC; Notice. - The NBOC shall convene on May 10, 2010 at 12:00 noon at the Media Center of the Philippine International Convention Center, Pasay City. Publication of this Resolution shall serve as notice to all candidates, political parties, and parties ;participating in the party-list system of representation of the convening of the NBOC,
The NBOC shall continuously meet from day to day and shall not adjourn -until the canvass is completed but may declare a recess from time to time to await the transmission and/ or submission of other COCs. The canvassing by the NBOC shall be open and public.
Sec. 5. Pre-proclamation controvemies not allowed. - Preproclamation controversies under Sections 233, 234, 235 and 236 of the Omnibus Election Code, and all matters in relation to the preparation, transmission, receipt, custody and appreciation of the COCs are not allowed in the canvassing of votes for Senators and Party-List Representatives, except as provided for in the succeeding Section. However, this does not preclude the authority of the NBOC motuproprio or upon written manifestation of an interested person to correct manifest errors in the COC before it.
Sec. 6. Canvassing ~roc&dures. The following procedures shall be observed in the canvassing of votes for Senators and parties participating in the party-list system of representation;
Immediately after convening, the Board shall undertake the following
a) FOR ELECTRONICALLmRANSMIrrED RESULTS
1 I N ~ A L I ~PROCEDURES: ) A~ON
The ccs Operator shall:
i. Plug the power cord of the laptop to the electrical outlet or generator, when necessary; ii. Turn on the laptop by pressing the power button; iii. The screen will display the WELCOME page of the CCS. Click on "ENTER" button; iv. Connect the transmission medium (e.g. USB modem, DSL, Satellite or BGAN) to the laptop. Wait for one (1) minute; v. Click on the network icon located at the bottom right of the screen. Click the appropriate wireless provider. Wait until a message "CONNECTION ESTABLISHED" is displayed at the top of the screen; vi. Connect the printer to the laptop; vii. Turn on the printer by pressing the power button; viii. Click on "ENTER" button in the WELCOME page of the CCS. The LOG INTO THE SYSTEM screen will be displayed; ix. Request the Chairman to enter his username and password in the space provided. x. Click "ACCEPT" button. The screen will display the 'MASTER
xi. Request the Chairman. again to enter his username and password in the space provided. xii. Click "ACCEPT" button. The screen will display the dialog box; xiii. Request the Presiding CommissToner of the First Division to insert his USB token in the USB slot of the laptop, type the username and security key password in the space provided. Thereafter, click "OK button. xiv. Wait until the 'INITIALIZATION REPORT" is displayed. xv. Print the Initialization Report by clicking the printer icon on the upper left corner of the "PRINT PREVIEW" page. Wait for the printer dialog box to be displayed. Then click the "OK button in located at the lower right corner of the screen; xvi. After printing the 'INITIALIZATION REPORT", click on the "CONTINUE button in the lower portion of the screen and wait for the WELCOME page to appear; xvii. Remove the USB token from the USB slot; xviii. The members of the Board shall sign and affix their thumbmarks on the certification portion of the Initialization Report.
xix. After signing and affixing their thumbmarks on the certification portion of the Initialization Report, the Secretariat shall show to the public the signed report.
2) STARTING THE CANVASSING
After initializing the CCS, in the "WELCOME" page, the CCS operator shall:
i. Click on "ENTER button; and ii. Request the Chairman to enter his username and password in the space provided and dick on 'ACCEPT" button. The screen will display the "HOME PAGE".
3) M O N ~ R I N G OF RESULTS
With the authority of the NBOC, the C S Operator shall: C
i. Click on the 'MONITORING" option in the "HOME PAGE", then click on "MONITOR RESULTS TRANSMISSION". ii. A list of regions and provinces shall be displayed with colored button beside the names of regions and provinces/cities/distrid. The color of the button will determine the status of transmission of the specific city/municipality.
Red -Transmission has not yet started Yellow - Transmission on-going Gray - Transmission idle Green - Transmission complete iii. To monitor the transmission from a particular province/city, click on the region name and click on the board of canvassers name. The status of results received will be displayed; iv. Update the transmission status from a provincial/city/ district CCS from time to time, by clicking on the 'UPDATE" button. v. I n case where there are no transmitted results coming in, the NBOC may adjourn to await the transmission of results. The NBOC may convene at any time to canvass the manually prepared COCs from Posts/Embassies and the Local Absentee Voting. After the COCs have been tabulated and audited, the NBOC shall direct the CCS operator to encode in the CCS, votes for senators and party-list as appearing in the audited tabulation sheet.
4) GENERATION AND PRINTING OF REPORTS
i. Generation of Consolidated Canvass Report - The CCS operator shall generate Canvass Report from time to time following the hereunder procedures: ' a. Click the 'CANVASSING" option in the HOME PAGE; b. Click the 'GENERATE CONSOLIDATED CANVASS REPORT". A dialog box will be displayed;
c. Request the Presiding commissioner of the First Division or any of its members to insert his USB token in the USB slot of the laptop, type the username and security key password in the space provided. Thereafter, click " O K button; d. Remove the USB token from the USB slot; e. Request presiding' Commissioner of the Second Division or any of its member to insert his USB token in the USB slot of the laptop, type the username and security key password in the space provided. Thereafter, click "OK" button; f. Remove the USB token from the USB slot; g. The CCS shall automatically generate the Canvass Report for all positions; h. The print preview will appear. Click on the printer icon. Click "OK" button; and I i. Click on "CONTINUE" button located at the bottom of the screen.
ii. Generation and printing of Certificate of Canvass (COC)
a. Generation of Certificate of Canvass (COC) for all If all expected positions provincial/city/district/post5/embassies/local absentee voting results have been received/encoded, the CCS operator shall generate Canvassing Reports by following the procedures below: a.1. Click the 'CANVASSING" option in the HOME PAGE; a.2. Click the "CONSOLIDATED CERTIFICATE OF CANVASS (COC)"; a.3. Request the Presiding Commissioner of the First Division or any of its member to insert his USB token in the USB slot of the laptop, type the username and security key password in the space provided. Thereafter, click "OK" button; a.4. Remove the USB token from the USB slot; a.5. Request the Presiding Commissioner of the Second Division or any of its member to insert his USB token in the USB slot of the laptop, type the username and security key password in the space provided. Thereafter, click "OK" button; a.6. Remove the USB token from the USB slot; a.7. The CCS shall automatically generate the COC for all positions; a.8. The print preview will appear. Click on the printer icon, then type 30 in space provided for the number of copies. Then click "OK"; and a.9.Click "CONTINUE" button.
b. Generation of Certificate of Canvass (COC) for individual position I f not all expected results are received or there are still untransmitted results and said results will no longer affect the results
in a particular position, the NBOC, with the assistance of the CCS operator, shall generate and print the reports by position: b.1. Click the 'CANVASSING" option in the HOME PAGE; b.2. Click the "GENERATE CERTIFICATES OF CANVASS (COC)"; b.3. Select the position to generate the COC. A dialog box will be displayed. b.4. Request the Presiding Commissioner of the First Division or any of itsemember to insert pis USB token in the USB slot of the laptop, type the username and security key password in the space provided. Thereafter, click "OK" button; b.5. Remove the USB token from the USB slot; b.6. Request the Presiding Commissioner of the Second Division or any of its member to insert his USB token in the USB slot of the laptop, type the username and security key password in the space provided. Thereafter, click "OK" button; b 7 Remove the USB token from the USB slot; .. b.8. The CCS shall automatically generate the COC for the position selected. . b.9. The print preview will appear. Click on the printer icon, then type 30 in space provided for the number of copies. Then click "OK". b.10. Click "CONTINUE" button. b . l l . To generate COC for the next position, repeat procedures b.1 to b.9. b) FOR COCs FROM POSTS/EMBASSIES AND LOCAL ABSENTEE VOTING
1) The Reception/Custody and Safekeeping Group shall:
i. Examine and record the condition of the special envelopes containing COCs from Posts/Embassies and record the serial number of the envelope containing the COC of the Local Absentee Voting; ii. Deposit the envelopes inside ballot box/es and lock with three (3) padlocks and self-locking metal seals. Store the ballot box/es in secured rooms. The keys to the ballot boxles shall be kept by the head and the . two members of the group. The ballot box/es containing the COCs shall not be brought out of the room where they are stored unless they are needed for canvassing or ordered otherwise by the Commission; and iii. Deliver to the Secretariat the ballot box/es containing the COC to be canvassed.
2) The Secretariat, upon receipt of the ballot' box/es shall:
i. ' ~ x a m i n e and read for the record the serial numbers of the ballot box containing the COC, and its self-locking metal seals; ii. Upon authority by the NBOC, break the self-locking metal seal and-open the padlocks to the ballot box to retrieve the envelope containing the COC in the presence of candidates, parties concerned or their watchers;
iii. Examine and read for the record the condition and serial number of each envelope and its corresponding paper seal; iv. Exhibit the envelop to the parties for examination; v. Read for the record the serial number of the paper seal of the envelope;
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vi. Break open the paper seal of the envelope and retrieve the COC and the supporting SOVs; vii. Break open the paper seals of the CO% and SOVs, unfold the same and read for the record their serial numbers; viii. Exhibit the COC to the watchers and counsel present, and read for the record such fad; and ix. Submit the COC to the NBOC for canvass.
3) The NBOC shall:
i. Determine the authenticity, due execution, and completeness of the COC on a showing that;
a) Each COC was executed, signed and thumbmarked by the chairman and members of the board of canvassers and transmitted or caused to be transmitted by them; b) Each COC con tainsthe names of all the candidates for senators and parties participating in the party-list system of representation and their corresponding votes in words and in figures; c) There exists no discrepancy in other authentic copies of the COC or in any of its supporting documents such as statement of votes by precinct or municipality (SOVP/SOVM) or discrepancy in the votes of any candidate in words and figures in the certificate; and d) There exi sts no discrepancy in the votes of any candidate in words and figures in the COC provided, that certified print copies of COC may be used for the purpose of verifying the existence of the discrepancy. ii. I n case of any discrepancy, incompleteness, erasure or alteration as mentioned above, the following procedures shall be observed; a) Any candidate, political party or coalition of political parties, or partylist groups, shall submit their oral observationlmanifestation to the chairman of the NBOC at the time the subject COC is presented in the canvass. Simultaneous with the oral observation/manifestation, the candidatelparty concerned shall also submit his verified petition in ten (10) legible copies. The NBOC shall not entertain any observation/manifestation or opposition unless reduced to writing. Such observation/manifestation shall be recorded in the minutes of the canvass; b) Upon such observation/manifestation, the NBOC shall determine whether there is. a proper case of discrepancy, incompleteness, and/or erasure or alteration. I f there is a proper case, it shall automatically defer the canvass of the contested COC; c) Within twenty-four (24) hours from and after the presentation of such observation/manifestation, the candidate/party concerned shall attach the evidence in support of the verified petition. Within the same period of twenty-four (24) hours after presentation of the
observation/manifestation, any party may file a written and verified opposition thereto, with supporting evidence;
The evidence attached to the verified petition or verified opposition, submitted by the candidates/parties, shall be immediately and formally admitted into the records of the NBOC by the head of the Secretariat affixing his signature at the back of each and every page thereof; Upon receipt of the evidence, the NBOC shall take up the subject COC, consider the written observations/manifestations and opposition, if any, and summarily and immediately rule thereon. The NBOC shall enter its ruling in the prescribed form and authenticate the same by the signatures of its members. d.1. When after considering the observation/ manifestation and the evidence submitted and the opposition thereto, it appears that the name of any candiciate and/or his corresponding votes is omitted in the COC, the NBOC shall direct the chairman of the board of canvassers concerned to call for the other members of the board and for the latter to look for the missing data in the supporting SSOV or SVOP/SOVM, as the case may be. I f the needed data can be ascertained from the SSOV, SOVP/SOVM, the board of canvassers shall complete the necessary data in the COC and affix therein their initials. I f the name of any candidate and/or his votes omitted in the COC cannot be ascertained from any of the supporting documents, the NBOC shall require the Election Records and Statistics Department CERSD) or the Special Ballot Reception Custody Group (SBRCG) of the Overseas Absentee Voting, or: the Committee on Local Absentee Voting (CLAV), as the case may be, to submit within two (2) days from receipt of notice, by personal delivery, the election returns (copy for the Commission) that were not included in the COC and Supporting sovs. Upon receipt of the election returns, the NBOC shall direct the board of canvassers concerned to count the votes for the candidate whose votes or name and votes have been omitted upon prior notice and all candidates for the position involved and thereafter supply the missing data by submitting a supplemental COC with supporting SSOV, SOVP/SOVM d.2. When it appears that any COC or supporting SSOV or SOVP/SOVM bears erasure or alterations which may cast doubt as to the veracity of the number of votes stated therein and may affect the result of the election, upon request of the senatorial candidate concerned or his party, or party-list group, the NBOC shall for the sole purpose of verifying the actual votes cast for senators or party-list groups, count the votes as they appear in the copies of the election returns (copy of the Commission) submitted to it.
For this purpose, the NBOC shall require the ERSD, SBRCG concerned or the CLAV as the case may be, to submit within two (2) days from receipt of notice, by personal delivery, the subject election returns (copy for the Commission). d.3. When it appears that there exists discrepancy in other authentic copies of the COC or in any of its supporting SSOV or SOVP or discrepancy in the votes of any candidate in words and figures in the same documents, the NBOC shall for the sole purpose of verifying the actual votes cast for senators count the actual votes cast for senators as they appear on the election returns (copy for the Commission) submitted to it. For this purpose, the NBOC shall require the ERSD SBRCG concerned or CLAV as the case may be, to submit within two (2) days from receipt of notice, by personal delivery, the subject election returns (copy for the Commission). Any party adversely affected by the ruling of the NBOC shall immediately inform the board if he intends to seek reconsideration of said ruling, and within a non-extendible period of three (3) days thereafter, file the appropriate motion before the NBOC. The NBOC shall enter said information in the minutes of the canvass, immediately set aside the COC and proceed to consider the oth'er COCs. iii. I the COC is not authentic or duly executed, the same shall be set aside f immediately referred to the Legal Group for investigation and recommendation; iv. I f there are comments/observatibns on the COC based on ground other that authenticity or due execution, immediately act on the same or may refer the matter to the Legal Group for evaluation; and v. I f there are no objections, or the objections are overruled, read the'votes and thereafter forward the canvassed COC and other accompanying documents to the Secretariat which in turn shall forward the same to the Tabulation Group, reading for the record such fact.
4) Tabulation Group shall:
i. Receive canvassed manual COCs/SOVs from the Secretariat for
tabulation; ii. Tabulate and sum up the votes of each candidate for Senator and Partylist appearing in the SOV, in five (5) copies, using tabulation sheets; iii. Compare the entries in the tabulation sheets against those appearing in the canvassed COC; iv. Correct the tabulation sheets by signing over the printed names of tabulators and indicating the date of tabulation; v. Retain one (1) copy for its file; and vi. Forward the COC/SOVs, four (4) copies of the tabulation sheets and correction sheets if any, to the Audit Group.
5) The Audit Group shall:
i. Compare the votes of each candidate for Senator and Party-list as appearing in the tabulation sheets and COC/SOVs.
ii. Return the tabulation sheets and COC/SOVs to the Tabulation Group for correction if any error/discrepancy is noted. Thereafter, "correction sheets" are to be prepared and forwarded to the NBOC; iii. Authenticate the audited tabulation sheet by signing over printed name of auditor and indicating the date of the audit; iv. Retain one (1) set of audited tabulation sheets for its file; and v. Forward the COC/SOVP/SOVM/SSOV and three (3) copies of the tabulation sheets to the Supervisory Committee which in turn shall submit the same to the NBOC through the CCS'operator for encoding in the CCS.
6) The Control and Releasing Group shall:
i. Safe keep the canvassed COCs/SSOV/SOVP/SOVM; ii. File the two (2) copies of the Tabulation Sheets; iii. Route the Canvass Report to members of the Supervisory Committee and the watchers of the accredited major political parties, if available, for their signature; iv. Hand-carry the signed copy to the Chairman of the Commission for approval; and V. Reproduce the signed copy for 'distribution to Media Group for dissemination and to interested parties, upon payment of legal fees.
Sec. 7. Watchers. -Each candidate and political party, organization or
coalition thereof which fielded candidates for national positions, party in the party-list system and the accredited citizens' arm may appoint two watchers to serve alternately to witness the canvass proceedings or to guard the storage rooms of the COCs, SSOV/SOVP/SOVM and CDs. Civic, religious, professional, business, service, youth and other similar organizations, with prior authority of the Commission, shall be entitled collectively to appoint a common watcher.
Sec. 8. Proc/amatrbn ofresuft- Upon completion of the canvass, the NBOC and the watchers if available shall certify the final printout of Canvass Report. On the basis of the certified final Canvass Report, the NBOC shall cause the preparation of, sign and approve the Certificate of Canvass and Proclamation, and proclaim the winning candidates for Senators, certify the result of the election of the party-list system and proclaim the nominees of the parties which obtained the required percentage of votes.
Notwithstanding the fact that not all of the COCs have been received or canvassed, the NBOC may terminate the canvass if the missing COCs would no longer affect the result of the elections.
Sec. 9. Report The Supervisory Committee shall prepare a report in the form of a resolution on the result of the canvass to the President of the Philippines, the Senate President and the Speaker of the House. The said resolution shall be signed by the Chairman and Commissioners acting as the National Board of Canvassers.
Sec. 10. Publication and dissemination- The Education and Information Department shall cause the publication of this Resolution and shall furnish copies thereof to all candidates for Senators, all registered political parties, organizations or . coalitions with official candidates for said office, accredited parties in the party-list system and the accredited citizens' arms of the Commission. SO ORDERED.
ARMAND0 C. VE SCO
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