- Rules and Regulations for Voting of Persons with Disabilities
- COMELEC Resolution No. 9485
June 29, 2012
COMELEC RESOLUTION NO. 9485
RULES AND REGULATIONS FOR VOTING OF PERSONS WITH DISABILITIES (PWDS) AND FOR THE ESTABLISHMENT OF ACCESSIBLE POLLING PLACES IN CONNECTION WITH THE MAY 13, 2013 NATIONAL AND LOCAL ELECTIONS
WHEREAS, the Philippines is a State Party to the Convention on the Rights of Persons with Disabilities (CRPD) which reaffirms that Persons with Disabilities (PWDs) enjoy the same human rights as everyone;
WHEREAS, the CRPD not only clarifies that States should not discriminate against PWDs, it also set out many steps that States must take to create an enabling environment so they can enjoy real equality in society;
WHEREAS, even prior to becoming a State Party to the CRPD in 2008, the Philippines has already enacted
WHEREAS, the Commission on Election, as a matter of policy of affording PWDs an equal access to electoral processes, promulgated resolutions pertaining to PWDs' exercise of the right to suffrage such as
WHEREAS, accessibility of polling places to PWD voters on election day is an obligation of the State to ensure "equality" and "full participation" of PWDs in social life, development and in particular to the exercise of their right to suffrage; HDTSIE
WHEREAS, this Resolution provides the guidelines for voting of PWDs and for the establishment of accessible polling places and providing other forms of assistance for PWDs in selected voting centers on election day to ensure that they enjoy the right to suffrage on equal basis with others;
NOW THEREFORE, pursuant to the powers vested in it by the
SECTION 1. Definition of Terms. As used in this Resolution, the term:
(A) Persons with Disabilities (PWDs) shall include those who have long-term physical, mental, intellectual or sensory impairments, which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others. For purposes of this Resolution, PWDs shall include those with any of the following disabilities, which hamper the full enjoyment of the right to suffrage:
(i) Physical Pertains to conditions associated with muscular or skeletal functions that limit a person's performance of activities associated with movement, both the person himself and/or of objects.
(ii) Hearing Pertains to conditions associated to the auditory senses that can manifest as partial or complete loss of hearing.
(iii) Speech Pertains to conditions related to difficulties in communicating through speech. IcaHTA
(iv) Visual Pertains to conditions associated with visual senses that can manifest as partial or complete loss of sight, among others.
(v) Non-Manifest Pertains to conditions that are not immediately apparent but may need assistance from the COMELEC.
(B) Special Board of Election Inspectors for PWDs (SBEI-PWD) shall refer to the special body which conducts the election in the accessible polling place usually composed of three (3) public school teachers appointed by the Commission. Every SBEI-PWD shall have a support staff depending on the number of PWDs assigned to the accessible polling place.
(C) Accessible Polling Place for PWDs shall refer to the place where the Special Board of Election Inspectors for PWDs (SBEI-PWD) conducts its proceeding and where the PWDs cast their votes on election day.
(D) Election Day Computerized Voters List for PWDs (EDCVL-PWD) shall refer to the final list of registered PWD voters who are voting through the accessible polling places established in selected voting centers (containing the voter's photographs, signatures, and thumb prints) used on the day of the elections wherein the voters must imprint their thumb marks and affix their signatures after casting their votes duly certified by the SBEI-PWD.
(E) Posted Computerized Voters List for PWDs (PCVL-PWD) shall refer to the final list of PWD voters (containing the voters names, addresses and precinct numbers) posted in each accessible polling place.
(F) Voting center shall refer to the building or place where the polling place is located.
(G) Precinct shall refer to the unit of territory for the purpose of voting. EHITaS
SECTION 2. Who are Entitled to Avail of the Accessible Polling Place for PWDs. The following shall be entitled to vote in the accessible polling place for PWDs:
(A) PWDs who checked the box containing "Disabled/Person with Disability" in their application for registration and who have an active registration status.
(B) PWDs who have previously registered but have not indicated the type of disability, or who may have developed/manifested such disability after having been registered AND subsequently UPDATED THEIR RECORDS by accomplishing the Supplementary Data at the Office of the Election Officer.
Further, only those PWDs whose names appear in the EDCVL-PWD and/or PCVL-PWD may vote in the accessible polling place.
Committee on PWD Voting
SECTION 1. Creation. A Committee on PWD Voting shall be created and composed of the following:
|Chairman||:||Commissioner Rene V. Sarmiento|
|Vice-Chairman||:||Dir. Esmeralda Ladra|
|Members||:||Dir. Divina Blas-Perez|
|Education and Barangay Affairs Department|
|Engr. Vergil Soriano|
|Election Records and Statistics Department|
|:||Ms. Rena Sabio|
|Administrative Services Department|
|:||Ms. Melanie Cruz|
|:||Mr. Raul Bautista|
|Information and Technology Department|
|:||Ms. Emma Masongsong|
|Education and Information Department|
|:||Dir. Eduardo Mejos|
|Atty. Rexie May Magsano|
|Office of the Committee Chairman|
|:||Ms. Mary Loren Valdivia|
|Office of the Committee Chairman|
|Ms. Mila Tamonan|
|Office of the Committee Chairman|
|:||Mr. Paul Angeles|
|Office of the Committee Chairman|
|:||One (1) Representative from the Office|
|of Comm. Lucenito N. Tagle|
|:||One (1) Representative from the Office|
|of Armando C. Velasco|
|:||One (1) Representative from the Office|
|of Elias R. Yusoph|
|:||One (1) Representative from the Office|
|of Comm. Christian Robert S. Lim|
SECTION 2. Powers and Functions of the Committee. The Committee shall oversee and ensure the implementation of all COMELEC resolutions pertaining to PWD voting and shall have the following powers and functions: CcAHEI
(A) Identify the voting centers where the accessible polling place will be established. Accessible polling places shall be established, as far as practicable, in voting centers which have two or three-storey buildings.
(B) Identify the total number of PWDs in the voting centers where an accessible polling place shall be established.
(C) Prepare, in coordination with the Information Technology Department, the Election Day Certified Voter's List for PWDs (EDCVL-PWD) per accessible polling place.
(D) Determine the election paraphernalia, the number of SBEI-PWD and support staff required in the accessible polling places.
(E) Ensure that the EDCVL-PWD are properly distributed at the accessible polling places.
(F) Perform and exercise such other powers and functions as may be necessary for the proper implementation of COMELEC resolutions and rules on PWD voting.
Accessible Polling Places for PWDs
SECTION 1. Accessible Polling Places for PWDs. The accessible polling place for PWDs shall be constituted by maintaining the existing precinct assignment of the PWD but the polling place shall be assigned at the ground floor of the voting center. The accessible polling place should be established in an area spacious enough to accommodate more than 10 PWD voters at a given time and considers the mobility requirements of PWDs particularly those who are wheelchair users.
The Election Officer/s shall determine the voting centers where an accessible polling place shall be established subject to the approval of the Education and Barangay Affairs Department. The number of accessible polling places to be established per voting center shall be based on the number of registered PWD voters assigned in a particular voting center. IaDTES
In the determination which voting centers will have an accessible polling place, the Election Officer must first designate regular polling places which have PWD voters at the ground floor. In case that the regular polling places which have PWD voters cannot all be assigned at the ground floor, the Election Officer shall recommend that an accessible polling place be established in the respective voting center.
The accessible polling place, as far as practicable, shall be free of any physical barriers and provides the necessary mobility, communications, visual and other forms of assistance for the PWDs.
PWDs who were not able to indicate that they have a disability in their application forms or were unable to update their records shall vote in the regular polling place where they will be provided an express lane and assistor.
SECTION 2. Assistance Provided at the Accessible Polling Place. The following assistance, as far as practicable, shall be provided at the accessible polling place
(A) Assistor In case the voter cannot accomplish the ballot by himself, the assistor shall be the one to mechanically accomplish the ballot pursuant to the orders and directions of the voter.
Said person may be assisted in the preparation of his ballot by any person who is a:
(i) Relative within fourth civil degree of consanguinity and affinity;
(ii) Any person of his confidence who belong to the same household;
(iii) Any member of the SBEI-PWD.
All assistors must be of voting age.
No person may assist a PWD more than three (3) times, except the members of the SBEI-PWD.
In all cases, the poll clerk shall first verify from the PWD whether he/she had authorized the assistor to fill-up his/her ballot.
The assistor shall, in the presence of the PWD voter, prepare the ballot using a ballot secrecy folder. EHaASD
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 of Voting.
(B) Communication assistance Assistance such as sign language interpretation, or the use of writing materials and papers to communicate, or any other mechanism that allows persons with disabilities related to speech and/or hearing to communicate their concerns to the SBEI-PWD and vice-versa.
(C) Visual assistance Assistance provided such as reading aloud of the printed instructions and forms, providing recorded voice instructions, printing of voting instructions in large letters or any other mechanism that can be utilized by the persons with disability related to sight.
The Commission, through the Election Officer, shall designate members of the accredited citizens' arms who may assist PWDs in the accessible polling place.
SECTION 3. Establishment of a Waiting Area for PWDs Inside the Voting Center Which Has an Accessible Polling Place. The Election Officer in coordination with the principal or administrative officer of the voting center shall establish a waiting area for PWDs inside the voting center preferably near the gate or a classroom beside the accessible polling place.
The Election Officer may coordinate with the local government units to ensure that tents and chairs will be provided in the waiting area.
SECTION 4. Preparation of the EDCVL-PWD and PCVL-PWD. The EDCVL-PWD shall be prepared by the ITD containing the names of all registered PWDs who are voting through the accessible polling places established in selected voting centers. The PCVL-PWD shall be prepared by the concerned Election Officer.
SECTION 5. Persons Allowed Inside the Accessible Polling Places. Only the following shall be allowed to enter the accessible polling places: EAISDH
(A) Members and support staff of the SBEI-PWD;
(B) Watchers who shall stay only in the space reserved for them;
(C) Monitoring groups (maximum of 2 per accessible polling place) who shall stay in the space for watchers;
(D) Representatives of the Commission on Human Rights;
(E) Representatives of the Commission on Elections;
(F) PWDs accomplishing their ballots;
(G) PWDs waiting for their turn to accomplish their ballots;
(I) Other persons who may be specifically authorized by the Commission.
SECTION 6. Persons Not Allowed Inside Accessible 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;
(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 paramilitary forces, including special forces, and security guards.
(C) All other kinds of armed or unarmed extra-legal police forces; and
(D) Any candidate or barangay official, whether elected or appointed. TaISDA
However, the SBEI-PWD may, by a majority vote, if it deems necessary, order in writing the detail of a policeman or any peace officer for its protection or for the protection of the election documents and paraphernalia. Such order shall be entered in the Minutes. Said policeman or peace officer shall stay outside the polling place near enough to be easily called by the BEI at anytime. In no case shall the said policeman or peace officer 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.
Special Board of Election Inspectors, Support Staff, Watchers and Monitoring Groups
SECTION 1. Special Board of Election Inspectors (SBEI-PWD) and Support Staff per Accessible Polling Place. The Commission, through its Election Officer in districts/cities/municipalities where an accessible polling place is established, shall constitute the SBEI-PWD in accordance with the period provided in the calendar of activities for the elections. Special Education (SPED) teachers shall be prioritized in the assignment to the accessible polling place.
In addition, the Election Officer shall designate support staff for every accessible polling place.
The SBEI-PWD and its support staff shall have the same qualifications and shall be appointed in the same manner as the regular BEI.
SECTION 2. Powers and Functions of the SBEI-PWD. The SBEI-PWD shall:
(A) Receive and bring the needed election paraphernalia to the accessible polling place on election day;
(B) Receive from the SBEI-PWD support staff (assigned per accessible polling place) the precinct-specific ballots (per precinct) contained in a properly sealed and signed envelope;
(C) Conduct only the voting in the accessible polling place (the scanning and counting shall be done in the PWDs respective precinct); ITDSAE
(D) Seal and sign the envelopes containing the filled-up ballots (per precinct) and hand it to the SBEI-PWD support staff for counting in the PWDs respective precinct;
(E) Act as deputies of the Commission on the conduct of the elections;
(F) Maintain order within the accessible polling place and its premises; keep access thereto open and unobstructed; and enforce obedience to its lawful orders;
(G) Perform such other functions prescribed by law or by the rules and regulations promulgated by the Commission.
SECTION 3. Duties of the SBEI-PWD Support Staff. There shall be one (1) SBEI-PWD support staff for every accessible polling place. The number of the support staff may be increased depending on the number of PWDs assigned to the accessible polling place.
The SBEI-PWD support staff shall:
(A) Collect the ballots of the PWDs assigned to the accessible polling place from the different clustered precincts in the voting center.
(B) Bring the collected ballots to the accessible polling place in the same voting center.
(C) Return for counting the accomplished ballots to the BEI of the different clustered precincts where the same ballots were taken on election day.
The watchers shall accompany the SBEI-PWD support staff from the accessible polling place to the regular polling places of the PWDs, then from the regular polling places to the accessible polling place and, finally, from the accessible polling place to the regular polling place.
SECTION 4. Proceedings of the SBEI-PWD. The meeting of the SBEI-PWD shall be public and shall be held in the accessible polling place designated by the Commission. cDTACE
SECTION 5. Voting Privilege of the SBEI-PWD. Members of the SBEI-PWD who are not availing of the Local Absentee Voting may, on election day, vote in the precincts where they are registered, provided that their absence in the accessible polling place shall not be more than thirty (30) minutes and that they schedule their voting so that only one member of the SBEI-PWD shall leave at any one time.
SECTION 6. Prohibition Against Political Activity. No member of the SBEI-PWD or its support staff (per accessible polling place) shall engage in any partisan political activity or take part in the election except to discharge his duties as such.
SECTION 7. Honoraria of the SBEI-PWD and Their Support Staff. The SBEI-PWD and support staff shall receive honorarium/allowance and other emoluments as may be authorized by the Commission.
SECTION 8. 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 citizen's arms may appoint two watchers, to serve alternately, in every special 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 accessible polling place. Other civil, professional, business, service, youth, and other similar organizations, with prior authority of the Commission, shall be entitled collectively to appoint one watcher in every special polling place.
If, because of limited space, all watchers cannot be accommodated in the accessible 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 SBEI-PWD. 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.
SECTION 9. Qualifications of Watchers. No person shall be appointed watcher unless he:
(A) Is a registered voter of the city or municipality; HDICSa
(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 Filipino, English or the prevailing local dialect;
(E) Is not related within the fourth civil degree of consanguinity or affinity to the chairman or to any member of the SBEI-PWD in the accessible polling place where he/she seeks appointment as watcher; and
(F) Is not a voter assigned in the accessible polling precinct.
SECTION 10. Rights and Duties of Watchers. Upon entering the accessible polling place, the watchers shall deliver to the chairman of the SBEI-PWD their appointment as watchers, and their names shall forthwith record in the Minutes of Voting 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 to appoint watchers in the city or municipality and special polling places in jail in said city/municipality.
The watchers shall have the right to:
(A) Witness and inform themselves of the proceedings of the SBEI-PWD;
(B) Take note of what they may see or hear;
(C) Take photographs of the proceedings and incidents, if any, during the voting in the special polling places in jails;
(D) File a protest against any irregularity or violation of law which they believe may have been committed by the SBEI-PWD or by any of its members or by any person; and
(E) Obtain from the SBEI-PWD a certificate as to the filing of such protest and the resolution thereof.
Watchers shall not speak to any member of the SBEI-PWD, or to any voter or among themselves, in such manner as would disturb the proceedings of the SBEI-PWD. CTIDcA
SECTION 11. Monitoring Groups, Observers and Media Representatives. Monitoring groups duly accredited by the Commission shall be allowed access to the accessible polling places to observe the proceedings; Provided, said groups present the necessary identification to the SBEI-PWD.
Accredited media representatives and foreign observers shall also be allowed access to the accessible polling places upon presentation of the necessary identification to the SBEI-PWD.
SECTION 12. Documentation and Communication Devices Allowed in Accessible Polling Places. Watchers, members of the SBEI-PWD, SBEI-PWD support staff, and COMELEC representatives shall be allowed to bring cameras, cellular phones and laptops in the accessible polling places. Provided: These devices are to be used exclusively for official documentation and communication purposes; Provided further: That the secrecy of the ballots shall be respected at all times.
Election Forms and Supplies
SECTION 1. Election Forms, Documents and Supplies. Except when authorized to do earlier by the Commission, the SBEI-PWD 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 to the SBEI-PWD of the accessible polling place of the city/municipality.
Rate of Distribution
|A12||Paper Seal||(No. of||Piece|
|PWD voters ) x|
|For the ballots from the||(No. of||Pieces|
|precincts with PWD||Clustered|
|PWD Voters ) x|
|A35||Certificate of Challenge||10||Pieces|
|or Protest and Decision|
|of the SBEI-PWD.|
|A39||Oath of Voter||10||Pieces|
|Challenge for Illegal|
|A40||Oath of Identification of||10||Pieces|
|Bond Paper (Long)||30||Pieces|
|Ballot Secrecy Folder||22||Pieces|
|Indelible Stain Ink||2||Bottles|
|Instruction to Voters||1||Piece|
From the Election Officer
a) One set of the EDCVL-PWD for each accessible polling place; HSDIaC
b) Copies of Appointment and Oath of Office of the SBEI-PWD and Support Staff (A5 & A5-A);
c) Two sets of PCVL-PWD .
The SBEI-PWD shall carefully check the different election forms, documents and supplies and the quantity actually received. The SBEI-PWD 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.
SECTION 2. 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 Challenged for Illegal Acts (Annex "C"); and
(D) Oath to identify a challenged Voter (Annex "D").
Procedures of Voting
SECTION 1. Date and Time of PWD Voting. Voting for all qualified PWDs shall take place on the same date as the national and local elections is conducted.
SECTION 2. Preliminaries to the Voting.
(A) Regular Polling Places with PWD Voters: Before the voting in the regular polling places, the Chairman of the BEI using the EDCVL-PWD as reference shall annotate the PWDs' names in the EDCVL with "PWD voter" and shall affix his initial beside the annotation. The number of PWD voters and the fact that their names were annotated with "PWD" shall be entered into the Minutes of Voting. AacDHE
Upon the arrival of the SBEI-PWD Support Staff, the Chairman of the BEI shall count and segregate the ballots allocated for PWD voters in the presence of the former and thereafter insert the same in a folder. The BEI shall place the folder inside an envelope carried by the Support Staff and close the envelope. The BEI shall then seal the envelope using the paper seal (also brought by the Support Staff of the SBEI-PWD). The BEI shall affix their initials on the paper seal and turn it over to the SBEI-PWD support staff.
The BEI shall then enter into the Minutes of Voting the name of the SBEI-PWD Support Staff, the number of ballots received, the serial number of the paper seal of the envelope and the time the latter picked up the ballots. The BEI shall require the SBEI Support Staff to sign the entry. The chairman of the BEI shall then announce to the public that the ballots of PWD voters shall be transferred by the SBEI-PWD support staff to the accessible polling place.
Thereafter, the support staff shall immediately deliver the ballots to the accessible polling place.
(B) Accessible Polling Places: The SBEI-PWD and all the support staff shall meet at the accessible polling place at six o'clock in the morning of election day.
The SBEI-PWD shall give to the support staff the envelopes with one (1) paper seal for each clustered precinct with PWD voter/s in the voting center where the latter is assigned. Upon receipt of the envelopes, the Support Staff shall leave the accessible polling place escorted by the watchers and monitoring groups.
The SBEI-PWD shall ensure that the accessible polling place is ready for the voting.
i) The SBEI-PWD shall ensure that a table shall be provided on which the envelopes (per precinct) are placed and where PWDs shall insert their accomplished ballots; and
ii) The SBEI-PWD shall post the PCVL-PWD near or at the door of the accessible polling place. IAETSC
Upon the arrival of the envelopes, the chairman of the SBEI-PWD in the presence of the other members, shall open the same and count the number of ballots. The fact and time of arrival and the number of ballots shall be entered into the Minutes of Voting. The chairman of the SBEI-PWD shall then announce to the public that the ballots of PWD voters had been received.
SECTION 3. Manner of Obtaining Ballots. The voter shall:
(A) Look for his name in the PCVL-PWD posted near the door of the voting center and determine his/her precinct number and sequence number;
(B) Approach the SBEI-PWD, give his/her name and address and sequence number, together with the other data concerning his/her person;
(C) The SBEI-PWD shall verify if the name of the voter is in the EDCVL-PWD. If the name of the PWD voter is in the EDCVL-PWD, his/her identity shall then be established through the following:
i. His/her photograph in the EDCVL-PWD 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 SBEI-PWD may identify under oath such voter, and such act shall be reflected in the Minutes of Voting.
iii. If the SBEI-PWD is satisfied with his/her 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 accessible polling place after informing the PWD 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 allowed to vote. aCTHDA
Such fact shall be duly recorded in the Minutes of Voting.
(D) Before giving the ballot to the voter, the chairman of the SBEI-PWD shall:
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 the voter 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 of Voting. The chairman must also indicate the reason given by the voter why his/her fingernails were stained with indelible ink;
ii. After verifying that no finger nail has been stained, affix his/her signature in the EDCVL-PWD;
iii. Authenticate the ballot by affixing his/her signature at the designated space at the front thereof.
The failure to authenticate the ballot shall not invalidate the ballot but shall constitute an election offense.
iv. Instruct the voter on how to fill-up the ballot properly;
v. Insert the ballot in the secrecy folder in such a manner that its face is covered, except for the portion where the signature in the ballot appears, and give the ballot to the PWD voter.
Only the chairman of the SBEI-PWD shall issue the official ballots, and not more than one ballot shall be issued at one time.
SECTION 4. Manner of Voting. Voting shall be conducted in the following manner: aHSTID
(A) The PWD shall accomplish the ballot, using the ballot secrecy folder in accordance with the General Instructions for Voting;
(B) After accomplishing his ballot, the voter shall then approach the table where the envelope for his precinct is placed and insert the same into the said envelope;
(C) SBEI-PWD shall apply indelible ink at the base and extending to the cuticle of the right forefinger nail of the PWD voter, or any other nail if there be no forefinger nail;
(D) The voter shall affix his/her thumb mark on the corresponding space in the EDCVL-PWD; and
(E) The voter shall then leave the accessible polling place.
SECTION 5. 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;
(C) Suffering from any existing disqualification.
In such case, the SBEI-PWD shall satisfy itself as to whether or not the ground for the challenge is true by requiring proof of registration, identity or qualification. The SBEI-PWD shall identify the PWD through his photograph, fingerprint or specimen signatures in the EDCVL-PWD. In the absence of any of the above-mentioned proof of identity, any member of the SBEI-PWD may identify under oath a voter, and such act shall be reflected in the Minutes of Voting.
SECTION 6. Challenge Based on Certain Illegal Acts. Any watcher may challenge any PWD offering to vote on the ground that the PWD voter: cdphil
(A) Received or expects to receive, paid, offered or promised to pay, contributed 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 challenged PWD shall take an oath before the SBEI-PWD that he has not committed any of the acts alleged in the challenge. Upon taking such oath, the challenge shall be dismissed and the PWD shall be allowed to vote. In case the PWD refuses to take such oath, the challenge shall be sustained and the PWD shall not be allowed to vote.
SECTION 7. Rules to be Observed during the Voting. During the voting, the SBEI-PWD shall see to it that:
(A) The PWD shall vote in a first-come first-served basis;
(B) No watcher shall enter the place reserved for the PWDs and the SBEI-PWD, nor mingle and talk with the voters;
(C) No person carrying any firearm or any other deadly weapon, except those expressly authorized by the Resolution or by the Commission, shall enter the accessible polling place.
SECTION 8. Prohibition on Voting. It shall be unlawful for a voter to:
(A) Bring the ballot, ballot secrecy folder or marking pen outside the polling place;
(B) Speak with anyone other than as herein provided while inside the accessible polling place;
(C) Prepare his ballot without using the ballot secrecy folder or exhibit its contents; TEaADS
(D) Erase any printing from the ballot, or put any distinguishing mark on the ballot;
(E) Use carbon paper, paraffin paper or other means of making a copy of the contents of the ballot, or otherwise make use of any scheme to identify his vote, including the use of digital cameras, cellular phones with camera or similar gadgets; and
(F) Intentionally tear or deface the ballot.
SECTION 9. Sealing of the Envelopes Per Precinct. After all the PWD voters in a particular precinct have already voted, the chairman in the presence of the SBEI-PWD shall:
(A) Count the used and unused ballots, if there are any, and separately record in the Minutes of Voting the quantity of used and unused ballots indicating therein the Precinct Number of the ballots;
(B) Tear the unused ballots in half lengthwise and insert them in the envelopes containing the filled-up ballots;
(C) Close the envelope containing the accomplished ballots and seal with paper seal bearing the initials of the SBEI-PWD;
(D) Hand over the sealed envelope to the support staff for counting to the regular polling place; and
(E) Record in the Minutes of Voting the time, serial number of paper seal and such other necessary information as to the receipt of the support staff of sealed envelope/s containing the ballots and have it signed by the support staff concerned;
(F) Announce to the public that the accomplished ballots with the torn unused ballots, if there is any, shall be transferred by the support staff to the regular polling places. AEIHaS
SECTION 11. Disposition of Election Documents. The SBEI-PWD shall deliver to the Election Officer the accomplished Certification/Attestation by Assistor with Supplementary Data, EDCVL-PWD, the PCVL-PWD and other election paraphernalia.
SECTION 12. Counting of the PWD Voters' Ballots. The SBEI-PWD support staff shall ensure that all ballots of PWD voters reach the regular polling places where the PWDs are registered not later than 30 minutes after the last voter has voted.
When the SBEI-PWD support staff reaches the regular polling place, the BEI shall enter into the Minutes of Voting the receipt of the sealed envelope and announce to the public that the accomplished ballots of PWDs and torn unused ballots, if there is any, from the accessible polling place have been received. The BEI will open the envelope only when all the voters in the clustered precincts have finished voting, and, thereafter, the chairman of the BEI, in the presence of the other members and watchers shall feed the PWD voters' ballots to the machine for counting. Half of the torn unused ballots shall be inserted in the envelope (A15) that will be submitted to the Election Officer for safekeeping, half to the other envelope (A15) that will be deposited inside the ballot box. Said fact shall be entered into the Minutes of Voting.
SECTION 1. Repealing Clause. All other resolutions inconsistent with the provisions embodied in this resolution are hereby repealed.
SECTION 2. Effectivity. This resolution shall take effect on the fifth (5th) day after its publication in two (2) daily newspapers of general circulation in the Philippines.
SECTION 3. Publication and Dissemination. Let the Education and Information Department of 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, Board of Election Inspectors and the Special Board of Election Inspectors for PWDs.
SO ORDERED. aTDcAH
(SGD.) SIXTO S. BRILLANTES, JR.
(SGD.) RENE V. SARMIENTO
(SGD.) LUCENITO N. TAGLE
(SGD.) ARMANDO C. VELASCO
(SGD.) ELIAS R. YUSOPH
(SGD.) CHRISTIAN ROBERT S. LIM