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COMELEC Resolution No.

10727
Summary/Salient Points (What you need to know and watch out for)

Constitution, Composition and Appointment of


Electoral Boards, DESO, and Support Staff

Every clustered precinct shall have an Electoral Board (“EB”) 1 composed of a chairperson, poll clerk, and a
third member. In all cases, one member of the EB must be an information technology-capable person. 2 Among
others, the EB will conduct the final testing and sealing of vote counting machine (“VCM”), voting and counting and
transmission of election results through the use of VCM.3

Further, the EB shall exercise the following powers:4

i. Verify the identity of the voter using the Election Day Computerized Voters’ List (“EDCVL”);
ii. Digitally sign and print the election returns;
iii. Act as deputies of COMELEC in the supervision and control of the conduct of elections in the
polling place;
iv. Maintain order within the polling place and its premises to keep an open and unobstructed access
thereto;
v. Prohibit the use of cellphones, cameras, or any recording device by the voters during voting;
vi. Implement the minimum public health standards and enforce obedience to its lawful orders;5
vii. Furnish copies of the Certificate of Votes upon request of watchers;
viii. Perform other functions prescribed law or rules and regulations promulgated by COMELEC.6

The meetings of the EB shall be public and held ONLY in the polling place authorized by the COMELEC.
The EB shall act through its chairperson, and without delay, decide by majority vote, all questions that may arise in
the performance of its duties.7

One support staff shall be appointed by the Election Officer (“EO”) to assist the EB in the performance of its
duties. The support staff CANNOT participate in the deliberation of the EB or to vote on any issue or question that
may arise. In the absence of any support staff on election day, the EB, by majority vote, may designate a substitute
as support staff.

Watchers

Each candidate, duly registered political party […], may appoint in every polling place two (2) watchers who
shall serve alternately.

If the space in polling place reserved for watchers is insufficient, preference shall be given to the watchers of
the dominant majority and dominant minority parties, as determined by the COMELEC.

Upon entering the polling place, watchers shall present to the Chairperson of the EB their appointments as
watchers8 and proof that he/she is a registered voter of the city or municipality where he/she is assigned.

Rights and duties of watchers9

The watchers shall have the right to:

a. Stay in the space reserved for them inside the polling place;
b. Witness and inform themselves of the proceedings of the EB;
c. Take note of what they may see or hear;
1
Section 3.
2
Sec. 5.
3
Sec. 1 (l).
4
Sec. 19.
5
Any person who refuses to obey the lawful orders of EB or disrupts its proceedings may be taken in custody by a peace officer
upon instructions of the EB.
6
Emphasis supplied.
7
Sec. 21.
8
We will prepare this.
9
Sec. 47.
d. Take picture, image, photo, or video of the proceedings and incidents, if any, during the Final Testing
and Sealing, counting of votes, transmission and printing of election returns provided the secrecy of the
ballot shall be maintained at all times. In no case shall taking of picture, image, photo, or video while the
voter is shading and feeding the same in the vote counting machine shall be allowed. This is an election
offense; and
e. FILE PROTEST AGAINST ANY IRREGULARITY.

Watchers are not allowed to speak to any member of the EB or to any voter or among themselves, in a
manner that would disrupt the proceedings of the EB.

Final Testing and Sealing of VCM

Between May 2 to 7, 2022, the EB shall convene in its assigned polling place to test and seal the VCM
assigned to its clustered precinct. Please attend.

After final testing and sealing, the VCM box shall be opened again only on May 9, 2022 not earlier than 5:00
a.m. and in the presence of watchers. Please be at your designated precinct on or before 4:45 a.m.

General Provisions and Voting

The casting of votes is on May 9, 202210 from 6:00 a.m. to 7:00 p.m. However, voters who have not yet cast
their votes but are within thirty (30) meters in front of the polling place by seven (7) o’clock in the evening of the
Election Day shall still be allowed to cast their votes. The poll clerk shall promptly prepare a complete list in duplicate
containing the names of said voters numbered consecutively.11

The voters listed shall be called aloud to vote by the poll clerk near the door of the polling place, enough to
be heard throughout the polling place, 3 times in the order in which they are listed. If not present or does not respond
when called shall no longer be allowed to vote.12

ONLY REGISTERED VOTER WHOSE NAME APPEAR IN THE EDCVL MAY VOTE UNLESS THEIR
NAMES ARE MANUALLY CROSSED OUT FROM THE SAME LIST WITH THE FOLLOWING ANNOTATION, DULY
SIGNED BY THE EO:

i. THE VOTER HAS TRANSFERRED RESIDENCE TO ANOTHER DISTRICT, CITY, OR MUNICIPALITY;


ii. THE VOTER HAS DIED;
iii. THE VOTER’S REGISTRATION RECORD WAS DELETED BASED ON AFIS, AS APPROVED BY ERB;
OR
iv. THE VOTER HAS AVAILED THE LOCAL ABSENTEE VOTING.13

A VOTER MAY BE CHALLENGED BY A WATCHER OR ANOTHER VOTER ON ANY OF THE


FOLLOWING GROUNDS:

i. NOT REGISTERED;
ii. USING THE NAME OF ANOTHER; OR
iii. SUFFERING FROM EXISTING DISQUALIFICATION.14

UPON CHALLENGE, THE EB SHALL DETERMINE THE TRUTHFULNESS OF GROUND FOR


CHALLENGE BY REQUIRING PROOF OF REGISTRATION, IDENTIFY OR QUALIFICATION.

iv. RECEIVED, OR EXPECTS TO RECEIVE, PAID , OFFERED OR PROMISED TO CONTRIBUTE


MONEY OR ANYTHING OF VALUE S CONSIDERATION FOR HIS/HER VOTE;
v. MADE OR RECEIVED A PROMISE TO INFLUENCE THE GIVING OR WITHHOLDING OF ANY
SUCH VOTE; OR
vi. MADE A BET OR INTERESTED IN A BET THAT DEPENDS UPON THE RESULTS OF
ELECTION15

10
Sec. 48.
11
Sec. 49.
12
Id.,
13
Sec. 58.
14
Sec. 59.
15
Sec. 60.
IN CASES UNDER IV TO VI ABOVE, THE CHALLENGED VOTER MAY TAKE AN OATH BEFORE THE
EB THAT SAID VOTER HAS NOT COMMITTED ANY OF THE ACTS ALLEGED. AFTER OATH, THE
CHALLENGED SHALL BE DISMISSED AND THE VOTER SHALL BE ALLOWED TO VOTE. IF THE CHALLENGED
VOTER REFUSES TO TAKE SUCH OATH, THE CHALLENGED SHALL BE SUSTAINED AND THE VOTER SHALL
NOT BE ALLOWED TO VOTE.

During the voting the EB shall see to it that:16

i. Voters should be entertained in the order of their arrival in the polling except express lane for
Persons with Disability, Senior Citizens, Escorted Persons Deprived of Liberty, Heavily Pregnant
Women and Indigenous People;
ii. No watcher shall enter the place reserved for the voters and the EB, or mingle and talk with the
voters;
iii. There shall be no crowding voters and disorderly behavior inside the polling places;
iv. Ballot box shall remain locked during voting except to make room for more ballots by removing
VCM from top of ballot box & shake ballot box to wobble contents. If still ballots cannot go through,
Chairperson shall press the ballot down without removing any, and seal the box again.

ONLY the following persons are allowed inside the polling place:17

i. Members of EB support staff, if any;


ii. Watchers who shall stay only in the space reserved for them;
iii. Representative of the commission;
iv. DESO Technical Support Staff assigned in the voting center;
v. EAPP Support Staff;
vi. Voters casting their votes and their assistors, if any;
vii. Voters waiting for their turn to cast their vote;
viii. Jail/Prison Escorts escorting PDL voters; or
ix. Other persons who may be specifically authorized by the Commission.

Unless authorized by COMELEC, the following persons are prohibited to enter or stay within a radius of 50
meters of the polling place:

i. Officers or member of the PNP/AFP


ii. Any Peace officer, extra-legal police agency, Special/Reaction/Strike Forces, Civilian Armed Force
Geographical Units, Barangay Tanods, Security Guards, Special Policemen, Barangay and SK
officials, and
iii. All other kinds of armed or unarmed extra-legal Police Forces

The following acts are PROHIBITED:

i. Bringing out of ballot, ballot secrecy folder or marking pen except in the case under Article IX of
this Resolution:
ii. Speaking with anyone other than the EBs while inside the polling place;
iii. Preparing the voter’s ballot without using the ballot secrecy folder, or to exhibit its contents;
iv. Filling out the voter’s ballot accompanied by another, except in the case of voting by assistors;
v. Erasing any printing from the ballot, or put any distinguishing mark on the ballot;
vi. Using of capturing devices such as cameras, cellular phones or other means to copy the contents
of the ballot. Or otherwise make use of any other scheme to identify his vote;
vii. Intentionally tearing or defacing the ballot; or
viii. Disrupting or attempting to disrupt the normal operation of the VCM.

A voter who is illiterate, PWD, or Senior Citizen, shall be allowed to vote IF SUCH FACT IS INDICATED IN
THE EDCVL or although not indicated as PWD, the same is readily apparent. If so such voter may be assisted in the
preparation of the ballot, in the following order:

a. Relative within 4th civil degree of consanguinity or affinity who is of voting age;
b. Person of his confidence who belongs in the same household as that of the voter who is of voting age;
or

16
Sec. 62.
17
Sec. 63.
c. Any member of the EB. ONLY members of EB may assist an illiterate, PWD, or Senior Citizen more
than 3 times.

The persons assisting the illiterates, PWDs or SCs shall (a) prepare in their presence, the ballot using a
ballot secrecy folder and (b) bind themselves in WRITING AND UNDER OATH to fill out the ballot strictly in
accordance with the instructions of the voter and not to reveal its contents, by indicating the appropriate data and
affixing their signatures in the corresponding space in the Minutes.

EBs are prohibited to announce:18

a. Whether a certain voter has already voted or not;


b. The number of voters who have already voted or failed to vote so far; or
c. Any other facts tending to show the state of polls.

Members of the EBs shall not make any statement at any time, except as a witness in court or body as to
how many persons voted.

Procedures for Voting, Counting of Votes,


Transmission of Precinct Results

The EB shall:

i. Ensure that the VCM box and the ballot box are inside the polling place
ii. Post PCVL, near or at the door of the polling place, with page/sheets spread out to give free
access to voters who are checking their names in the list;
iii. Show to the watchers and the public present that the:
a. VCM box is sealed;
b. Ballot box is empty, thereafter lock with 4 seals;
c. Package of official ballots is sealed, thereafter break the seal
iv. Remove the paper seal of the VCM box;
v. Open the VCM box and check whether the required items are inside the VCM box;
vi. Retrieve the iButtons and security PINs from the VCM box and distribute the same among the EBs.
The RE-ZERO PINs shall remain inside the VCM box.
vii. Retrieve the VCM from its box.
viii. Show to the public that slots labeled “A” and “B” containing the main SD Card and back-up SD
Card, respectively, are sealed;
ix. Perform the VCM operation in accordance with the VCM Manual.

Before a voter may obtain a ballot, the poll clerk shall:

i. Verify if the voter’s name is found, check fingernails for any indelible ink stain. If stained, voter shall
be directed to leave the polling place after informing him/her reason thereof. This fact, including the
name of the precinct of the voter, shall be recorded by the Poll Clerk in the Minutes.
ii. If fingernail is not stained, establish the identity of the voter through the following:

a. Voter’s photograph or specimen signature in the EDCVL. In case the identity of the voter
cannot be determined with certainty in the EDCVL, the EB may require the voter to present
any valid identification document except barangay certificate or community tax certificate; or
b. In the absence of any proof of identity, any member of the EB or any registered voter of the
precinct/clustered precinct may identify under oath the voter, and such fact shall be reflected in
the Minutes

x. If satisfied with the voter’s identity, shall be distinctly announced in a loud voice the voter’s name
enough to be heard throughout the polling place. If not satisfied, the voter shall be asked to leave
the polling place after informing him/her of the reason therefore.
xi. If the voter is not challenged or having been challenged, the question has been decided in his/her
favor, require the voter to sigh in the EDCVL. In the case if illiterate voters or PWDs who cannot
sign, require said voters to affix their thumb marks in the EDCVL
xii. Thereafter, the voter shall be directed to the Chairperson who shall:

18
Sec. 70.
a. Authenticate the ballot by affixing his/her signature at the designated space of the front of the
ballot;

Failure to authenticate shall not invalidate the ballot but shall constitute an election offense

b. Show to the voter that the ballot being given not torn or smudged, and has not yet been filled-
out;
c. Place such ballot inside the ballot secrecy folder:
d. Give the ballot secrecy folder containing the ballot and the marking pen to the voter with
instruction that the ballot shall be kept clean and free from unnecessary markings (i,e.,
smudge/stain, from thumbprint-taker, food stains and the like);
e. Instruct the voter how to fill-up the ballot properly;
f. Direct the voter to fill-out the ballot in the designated voting area.

ONLY THE CHAIRPERSON SHALL ISSUE THE OFFICIAL BALLOTS, AND NOT MORE THAN ONE
BALLOT SHALL BE ISSUED AT ONE TIME.

After the voters have cast their votes, PDL and EAPP ballots if any have been batch fed, the EB shall close
the voting by performing the procedures laid in the VCM Technical manual.

After the VCM is shutdown, the EB shall remove the main SD card from slot “A”(colored black) of the VCM,
place the main SD card Inside the envelop (A18-B). The EB shall also indicate on the envelope the clustered precinct
number, barangay and city/municipality/province. The Backup SD card shall not be removed from the VCM, and the
cover slot “B” shall remain locked.

After printing the Election Returns (“ER”), EBs shall sign & affix their signature and, thereafter, post one (1)
copy of ER in a conspicuous place inside the polling place. The first eight (8) copies shall be sealed with serially
numbered paper seals & placed in their respective envelopes (CEF No. A17). All envelopes shall be sealed with
serially numbered paper seals. EBs shall affix their signatures on the paper seals & envelopes, including watchers
present, giving preference to dominant majority and minority parties and Accredited Citizens’ arm.

The ER shall be distributed to the following: (1) City/Municipal Board of Canvassers; (2) the COMELEC; (3)
BOC; (4) Accredited Citizens’ arm; and (5) Dominant majority party.

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