You are on page 1of 3

Republic of the Philippines

COMMISSION ON ELECTIONS
Manila

RESOLUTION No. 8823

IN THE MATTER OF DEFINING THE CHAIN OF CUSTODY AND RESPONSIBILITY


OVER THE PCOS MACHINES AND THE SECURITY ASSISTANCE TO BE PROVIDED
BY THE PHILIPPINE NATIONAL POLICE (PNP) AND THE ARMED FORCES OF THE
PHILIPPINES (AFP) IN THE: (1) DEPLOYMENT AND RETRIEVAL OF PCOS
MACHINES AND ITS ACCESSORIES; (2) DELIVERY OF OFFICIAL BALLOTS; (3)
SECURITY OF THE POLLING CENTERS; AND (4) RETRIEVAL OF BALLOT BOXES,
ELECTION DOCUMENTS AND OTHER PARAPHERNALIA.

WHEREAS, in a letter dated March 22, 2010, Police Director General Jesus A. Verzosa,
CEO VI, Chief, PNP, requested the issuance of a COMELEC Resolution defining the
following:

1) Security role/assistance to be rendered by the PNP and AFP in the


deployment and retrieval of PCOS machines and its accessories, delivery of
official ballots, among other things; and

2) The chain of custody and responsibility of the PCOS machines and


accessories from the Central Warehouse to the polling centers, while said
machines in the polling centers and back;

NOW, THEREFORE, by virtue of the powers vested in it by the Constitution of the


Republic of the Philippines, the Omnibus Election Code, Republic Act No. 9369, and
other election laws, the Commission on Elections, RESOLVES as it RESOLVES, as
follows:

Section 1. Transport of PCOS machines, accessories, official ballots and other election
paraphernalia. – The PNP or AFP through the appropriate Joint Security Control Centers
(JSCCs) shall:

a) Provide security assistance, as necessary, to secure the PCOS machines,


accessories, and official ballots and other election paraphernalia while in transit;

b) Provide perimeter security to all hubs and subhubs in coordination with the
regional/provincial/city JSCCs and with the Election Officer concerned in the case
of hubs/subhubs located in municipalities or component cities.

c) Provide appropriate security to polling centers, BEIs, and accredited citizens


arm volunteers before the arrival of the PCOS machines and accessories at the
said centers, while the PCOS machines are at the said centers until election day
and after these machines are turned over by the BEIs to the SMARTMATIC-TIM
technicians for retrieval operations, subject to Section 4 hereof;

d) Ensure that appropriate security measures, commensurate to the threat


situation in particular areas, are observed while the PCOS machines are still in
the polling centers; and

e) PNP and AFP vehicles shall not be used during the transport PCOS machines,
accessories, official ballots and other election paraphernalia unless, on extreme
cases, directed in writing by the concerned COMELEC official who has
jurisdiction of the area where the emergency happened or occurred. The
responsibility or any all liability that may arise from the further handling and
transport of PCOS machines to their ultimate destination while in a military or
police vehicle remains with SMARTMATIC-TIM to the exclusion of the PNP or
AFP, Likewise, PNP and AFP security personnel shall not participate in the
physical handling of any election paraphernalia/equipment.

Section 2. Custody of the PCOS machines and accessories. – SMARTMATIC-TIM shall


have custody of the PCOS machines and accessories during transport from the central
warehouse to the hubs or subhubs, and up to the polling centers. The custody shall shift
to the Election Officer concerned when the PCOS machines and accessories are turned-
over to the corresponding BEIs. For this purpose, upon delivery of the PCOS machines
and accessories to the designated polling places, the BEIs shall receive said machines
and accessories for and in behalf of the Election Officer. In no case shall these machines
and accessories be left in the said polling places without any security.

After the conduct of elections, the BEIs shall turn-over the PCOS machines to the
SMARTMATIC-TIM technicians. At this point, the custody of the PCOS shifts back to the
SMARTMATIC-TIM. Thereafter, the SMARTMATIC-TIM shall have custody and
responsibility over the PCOS machines for their retrieval and transport back to the
Central Warehouse.

Section 3. Security of PCOS machines and their accessories at the Polling Centers. –
After the testing and sealing, the PCOS machines and accessories will remain and be
secured in the polling places where they were tested and sealed. However, the PCOS
machines and accessories may be stored in one (1) or more rooms in the same polling
center for security reasons. For this purpose, additional rooms located in the polling
centers may be used if one (1) room is not enough. In case the polling centers are not
segregated by room as in the case of a basketball court or a gymnasium, the PCOS may
be stored in one area within the court or gymnasium or in a room, if any, within said
facility. The Election Officer shall, in coordination with the AFP and the PNP, determine
whether the PCOS machines and their accessories will be secured in the polling places
where they were tested or stored in one (1) or more rooms within the same polling
center.

Section 4. Security of the Polling Centers and the BEIs. – On the election day, security
elements shall stay beyond the fifty (50)-meter radius from the polling center they are
securing except when there is an actual disturbance of the peace and order therein,
without need of a written BEI directive. However, the BEI upon majority vote, if it deems
necessary, may make a call in writing for the detail of security personnel for their
protection or for the protection of election documents or paraphernalia, in which case, the
said personnel shall stay outside the polling place and within a radius of thirty (30) meters
near enough to be easily called by the BEI at any time, but never at the door, and in no
case shall the said security personnel hold any conversation with any voter or disturb or
prevent or in any manner obstruct the free access of the voters to the polling place.

JSCCs may establish security assistance desk to oversee security in the area, subject to
the 1st paragraph of Section 4 hereof.

Section 5. Security provisions during the retrieval of PCOS machines and election
returns and other documents and paraphernalia.

The JSCC shall provide appropriate security escorts to the BEIs carrying the election
returns and other documents and paraphernalia from the Polling Centers to the
City/Municipal Treasurer’s Office and to the municipal/city board of canvassers. 1avvphi1
PNP and AFP units shall provide the necessary security measures during the retrieval of
the PCOS machines, upon request by the SMARTMATIC-TIM consortium.

Section 6. Coordinating instructions – All Regional Election Directors, Provincial Election


Supervisors and Election Officers, and the SMARTMATIC-TIM consortium and its
representatives/facilitators in the field, are hereby directed to provide all the necessary
information needed by the PNP or AFP to effectively implement this Resolution.

Section 7. Applicability to other activities requiring AFP or PNP security. – This


Resolution shall insofar as applicable, also apply to other activities requiring AFP or PNP
security.

Section 8. Effectivity. – This Resolution shall take effect upon its publication in two (2)
daily newspapers of general circulation in the Philippines.

Section 9. Publication and dissemination. – The Education and Information Department


shall cause the publication of this Resolution in two (2) daily newspapers of general
circulation in the Philippines and to furnish the Department of Education, the PNP, AFP,
the Regional Election Directors, the Provincial Election Supervisors, and Election
Officers, with copies of the Resolution, for their information and guidance.

SO ORDERED.

(Sgd.)JOSE A.R. MELO


Chairman

(Sgd.)RENE V. SARMIENTO (Sgd.)NICODEMO T. FERRER


Commissioner Commissioner

(Sgd.)LUCENITO N. TAGLE (Sgd.)ARMANDO C. VELASCO


Commissioner Commissioner

On Official Leave
(Sgd.)GREGORIO Y. LARRAZABAL
ELIAS R. YUSOPH
Commissioner
Commissioner